AGD 07/19/2022 City of Wichita Falls
City Council Agenda
Stephen Santellana, Mayor ,; r .��
Bobby Whiteley, Mayor Pro Tem/At Large
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�., Michael Smith, District 1
Larry Nelson, District 2 �t �� v +
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//' Jeff Browning, District 3s�
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T E X A 5 Steve Jackson, District 5 " `�1 .. ��:. ''
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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, July 19, 2022, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:
1. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300
2. A livestream will be shown on the City's Facebook page (City of Wichita Falls,
Texas Government) (https://www.facebook.com/CitvofWF)
3. A video of the meeting will be posted on the City's YouTube page
(https://www.voutube.com/citvofwf)
Item #
1. Call to Order
2. (a) Invocation: Reggie Coe, Chaplain
Grace Church
(b) Pledge of Allegiance
3. Presentations
(a) Employee of the month — Luis Trillo, Public Works — Street Maintenance
Division
CONSENT AGENDA
4. Approval of minutes of the June 21, 2022, Regular Meeting of the Mayor and City
Council.
5. Receive Minutes
(a) Library Advisory Board, March 22, 2022
(b) Wichita Falls-Wichita County Public Health Board, March 25, 2022
(c) Landmark Commission, April 26, 2022
(d) Park Board, April 28, 2022
(e) Construction Board of Adjustment, June 13, 2022
(f) Lake Wichita Revitalization Committee, June 14, 2022
REGULAR AGENDA
6. Ordinances
(a) Conduct a public hearing and take action on an ordinance adopting the
2018 International Swimming Pool and Spa Code (ISPSC) and associated
amendments.
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 authorizing the City Manager to approve a request from Lloyd
Taylor to vacate and abandon a portion of Kenley Avenue consisting of
approximately 0.15 acres running North and South along Central Freeway
(d) Ordinance appointing a Municipal Judge for a term of two years to begin on
August 1, 2022
7. Public Hearings
(a) Public Hearing to receive citizen comments concerning Redistricting of City
Council Districts
(b) Public Hearing to receive citizen comments concerning the proposed
Substantial Amendment to the 2019 Community Development Block Grant
(CDBG) Annual Action Plan to reallocate $600,305 and continue certain
previous programmed funding through the CDGB — Coronavirus program
(c) Public Hearing to receive citizen comments concerning the proposed
Substantial Amendment to the 2021 Community Development Block Grant
(CDBG) Annual Action Plan and the Draft HOME-American Rescue Plan
(HOME-ARP) Allocation Plan to allocate $1,572,080 in funding
CITY COUNCIL AGENDA
PAGE 2 OF 5
(d) Public Hearing to receive citizen comments on Action Plan to allocate FY
2022-2023 Community Development Block Grant (CDBG) funds in the
amount of $1,203,986, and FY 2022-2023 HOME Investment Partnership
Program (HOME) funds in the amount of$449,845
(8) Resolutions
(a) Conduct a public hearing to receive citizen comments and take action on a
resolution for the proposed 2022 Third Year Annual Action Plan of the
adopted Five Year 2020-2024 Public Housing Agency (PHA) Plan.
i. Public Hearing
ii. Take Action
(b) Resolution awarding Construction Services Contract to MARRS Patriot
Construction, LLC for the Health Department, Women, Infants and Children
Ramp Renovation Project for the amount of$104,566.88
(c) Resolution authorizing the City Manager to apply for the FY 2022 Patrick
Leahy Bulletproof Vest Partnership Grant in the amount of up to $11,025.00
(d) Resolution approving the programs and expenditures of the Wichita Falls
4B Sales Tax Corporation Board of Directors and amending the budget to
include funding up to $35,000 to Downtown Wichita Falls Development, Inc.
(DWFD) for the purchase and installation of various streetscape elements
downtown
9. Other Council Matters
(a) Staff Reports
a. Wichita Falls Parks Presentation by the Park Board
(b) Announcements concerning items of community interest from members of
the City Council. No action will be taken or discussed.
10. Comments from the public to members of the city council concerning items that
are not on the city council agenda. People wishing to address the council should
sign up prior to the start of the meeting. A three-minute time frame will be adhered
to for those addressing their concerns. Since comments from citizens are not
posted agenda items, the City Council is prohibited from deliberating or taking any
action, other than a proposal to place the item on a future agenda. Staff may
provide factual statements in response to inquiries or recite existing policy.
11. Executive Sessions
(a) Executive Session in accordance with Texas Government Code § 551.072,
to deliberate the purchase, exchange, lease, or value of real property
interests due to the fact that deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third party
(including, but not limited to, the purchase and/or value of Kenley Avenue).
(b) Executive session in accordance with Texas Government Code
§551.074 to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, dismissal of a public officer or employee
(including, but not limited to: the Municipal Court Judge, 4B Sales Tax
Corporation, Helen Farabee Board of Trustees, Housing Authority Board,
and Planning and Zoning Commission).
(c) 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, DWFD).
12. Appointments and Actions regarding Boards and Commissions
a. 4B Sales Tax Corporation
b. Helen Farabee Board of Trustees
c. Housing Authority Board
d. Library Advisory Board
e. Park Board
f. Planning and Zoning Commission
13. Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
CITY COUNCIL AGENDA
PAGE 4 OF 5
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 13th day of July, 2022 at 4:15 o'clock p.m.
c ,B
City Clerk
CITY COUNCIL AGENDA
PAGE 5 OF 5
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Employee of the month.
INITIATING DEPT: Public Works
HIRED: June 29,1994
PRESENT POSITION: Heavy Equipment Operator
COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of
appreciation, dinner for two and check for $100) to Luis Trillo.
® Director of Human Resources
ASSOCIATED INFORMATION: Narrative
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 1 OF 1 PAGES
AGENDA ITEM NO. 3.A
City of Wichita Falls
City Council Meeting
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June 21 , 20224
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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.
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Absent: Mayor Stephen Santellana, Councilor Steve Jackson, District 5
Mayor Pro Tem Whiteley called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Pastor Al Easterling, St. Mark's United Methodist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Pro Tem Whiteley led the Pledge of Allegiance.
Item 3 — Proclamation, National Cowboy Month — Texas Ranch Roundup, Cowboy
True, and PRCA Rodeo
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Agenda Item No.4.
8:32 a.m.
Mayor Pro Tern Whiteley read a proclamation proclaiming July 2022 as National Cowboy
Month in Wichita Falls and he encouraged all citizens to celebrate the history and culture
of the Cowboy.
Item 4-5 — Consent Items
8:40 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 4 —Approval of Minutes
(a) City Council Meeting June 7, 2022, Regular Meeting
(b) City Council Meeting June 14, 2022, Special Meeting
Item 5 — Receive Minutes
(a) Construction Board of Adjustment, March 23, 2022
(b) Lake Wichita Revitalization Committee, May 10, 2022
(c) Planning and Zoning Commission, May 11, 2022
Item 6a — Ordinance 22--2022
8:41 a.m.
Ordinance making an appropriation to the Special Revenue Fund for HIV/STD-DIS
Prevention Services grant funding in the amount of $149,955 received from the
Department of State Health Services and authorizing the City Manager to execute
contract accepting same.
Moved by Councilor Brewer to approve Ordinance 22-2022.
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June 21, 2022
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Agenda Item No.4.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 6b — Ordinance 23-2022
8:42 a.m.
Ordinance canceling the regularly scheduled Council meeting on July 5, 2022.
Moved by Councilor Brewer to approve Ordinance 23-2022.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7a — Resolution 71-2022
8:43 a.m.
Resolution re-appointing Darron Leiker and Holly Lane to the Wichita County-City of
Wichita Falls Hospital Board.
Moved by Councilor Smith to approve Resolution 71-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7b — Resolution 72-2022
8:45 a.m.
Resolution authorizing the City Manager to execute an AIA Architect Agreement with
Gerri A. Kielhofner, AIA — Architect doing business as gak Architect to prepare building
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June 21, 2022
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Agenda Item No.4.
permit/construction documents for renovation to the Ray Clymer Exhibit Hall in the
amount of $95,500.
Moved by Councilor Browning to approve Resolution 72-2022.
Motion seconded by Councilor Smith.
There was brief discussion regarding the size of the facility, concerns regarding contract
change orders, legal review of contracts, and the need for upgrades to the Ray Clymer
Exhibit Hall. Staff stated that this is not a change in the scope of work on the original
contract for the Convention Center, but additional design work being completed for the
Exhibit Hall. It was also noted that all contracts are reviewed by our Legal department
and the cost for the additional design work will be paid for with Venue Tax funds.
Motion carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7c — Resolution 73-2022
8:57 a.m.
Resolution awarding bid to Yamaha Golf-Cart Company for a 48-month lease of 70
QuieTech EFI golf carts for Champions Golf Course in the total amount of $188,160.
Moved by Councilor Brewer to approve Resolution 73-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7d — Resolution 74-2022
9:02 a.m.
Resolution authorizing the City Manager to execute Amendment Number 2 to the
Professional Services Agreement for Engineering Services for the Lake Wichita
Revitalization Project in the amount of $63,000.00.
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June 21, 2022
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Agenda Item No.4.
Moved by Councilor Brewer to approve Resolution 74-2022.
Motion seconded by Councilor Browning.
Russell Schreiber, Director of Public Works, discussed the project and the desire to have
the Veterans Memorial Plaza in the same location as the Vietnam Veterans Memorial that
is already installed. The Lake Wichita Revitalization Committee (LWRC) has the funds
to cover this project.
Steve Garner, 2806 S. Shepherds Glen, discussed the desire of the LWRC to have both
memorials at the same location, and thanked the Council for considering this amendment
and for the Lake Wichita parking lot renovation project.
Motion carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7e — Resolution 75-2022
9:03 a.m.
Resolution authorizing the City Manager to award bid and contract for the Transfer Station
Basin Improvements to Earth Builders, LP in the amount of $2,226,886.40.
Moved by Councilor Browning to approve Resolution 75-2022.
Motion seconded by Councilor Smith and carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7f— Resolution 76-2022
9:13 a.m.
Resolution authorizing the City Manager to award bid and contract for the Ninth Street
Elevated Tank Replacement Project to Phoenix Fabricators and Erectors, LLC in the
amount of $4,543,176.00.
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June 21, 2022
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Agenda Item No.4.
Moved by Councilor Browning to approve Resolution 76-2022.
Motion seconded by Councilor Brewer and carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7q — Resolution 77-2022
9:18 a.m.
Resolution authorizing the City Manager to award bid and contract for the Level Control
and Yard Piping - Ninth Street Elevated Tank Replacement Project to KLA Adams
Construction, LLC in the amount of $775,895.00.
Moved by Councilor Browning to approve Resolution 77-2022.
Motion seconded by Councilor Smith and carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 7h — Resolution 78-2022
9:22 a.m.
Resolution authorizing the City Manager to execute a professional service agreement
with Nelco Media Inc. for $152,775.50 for the Public Information Office studio remodel.
Moved by Councilor Brewer to approve Resolution 78-2022.
Motion seconded by Councilor Browning.
Lindsay Barker, Director of Marketing and Communications/MPEC, and Chris Horgen,
Public Information Officer, discussed the project and stated it would be funded by a Public,
Educational, and Government (PEG) grant.
Motion carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
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June 21, 2022
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Agenda Item No.4.
Nays: None
Item 7i — Resolution 79-2022
9:27 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Economic
Development Corporation (WFEDC/4A) by amending the budget to include an up to
$1,248,000 performance incentive to Winfield Solutions, L.L.0 and Land O'Lakes, Inc.,
as part of the company's planned new facility in Wichita Falls.
Moved by Councilor Browning to approve Resolution 79-2022.
Motion seconded by Councilor Smith.
Taylor Davis, Director of Business Retention and Expansion for the Chamber of
Commerce, discussed the project that will include a 100,000 square foot facility and a
$14.2 million private investment into the local economy.
Shannon O'Hare, Land O'Lakes/Winfield Solutions, stated that the location in the
Business Park was selected based on infrastructure, cost, availability, readiness, access
to transportation, access to employees, and the incentives offered. Eight jobs will be
retained and there will be eight new full-time jobs added over the next two years with a
total annual payroll of over$900,000. There is also a potential for expansion in the future.
Motion carried with the following vote:
Ayes: Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: None
Item 8a — Staff Report — Neighborhood Revitalization Update — Terry Floyd
9:34 a.m.
Paul Menzies, Assistant City Manager, discussed how the Neighborhood Revitalization
area around Old High was chosen.
Terry Floyd, Director of Development Services, recognized staff for their work on this
project, and specifically Fabian Medellin. Mr. Floyd discussed the background of the
project, the boundaries of the Central Wichita Falls Revitalization Area, and how the
project ties to the Strategic Plan. He discussed the public engagement meetings, online
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Agenda Item No.4.
survey, and the five questions used for discussion. Mr. Floyd discussed the three guiding
values that emerged from the discussions which are to preserve, advance, and connect,
discussed the next steps, and the two phase plan for the advancement of the project.
Item 8b - Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
9:58 p.m.
Councilor Brewer thanked everyone for attending, encouraged everyone to attend the
July 4th event, and wished everyone a Happy 4th. He stated that money has to be spent
for growth and there is competition with other cities for businesses to come to our area.
Councilor Smith stated there will be a July 4th parade at 9:00 am that will start downtown
and end at the Kell House where there will be various activities. He discussed the open
arena time for horse riding at the J.S. Bridwell Ag Center on Tuesday nights. He
discussed non-profit involvement with other organizations during COVID and their work
with an emphasis on federal funds available for rent assistance to keep citizens from
being evicted. There were 1,190 households in Wichita Falls and the surrounding area
that were facing eviction, and $7,600,000 in assistance provided.
Councilor Browning wished everyone a Happy 4th
Councilor Nelson thanked everyone for attending. He discussed the new Commander
coming to Sheppard Air Force Base, the new planes they have, and the new hospital
project. He stated that he supports non-profits and anything for veterans, and he thanked
Russell Schreiber for the 7th Street railroad crossing project. Councilor Nelson reiterated
that he was not complaining about any work being completed, he is just concerned with
how contracts are being written. He feels that we are giving contractors a way to bid
higher and opening the door for too many contract changes and amendments. He stated
that he has experience with contract law with the government and once you bid on
something with the government, you eat it. He feels that we should reiterate that, stated
nothing could be done right now, but he is working on it.
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
10:08 a.m.
There were no comments from the public.
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June 21, 2022
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Agenda Item No.4.
Item 10 — Executive Session
10:08 a.m.
No executive session was held.
Item 11 —Adjourn
Mayor Pro Tern Whiteley adjourned the meeting at 10:09 a.m.
PASSED AND APPROVED this 19th day of July 2022.
Bobby Whiteley, Mayor Pro Tern
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
June 21, 2022
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Agenda Item No.4.
LIBRARY ADVISORY BOARD MINUTES
March 22, 202Z
MEMBERS PRESENT:
Kym Acuna
Emily Adams (chair)
Kristen Garrison
Suhua Huang
Katherine Love
Jim Sernoe
Jana Hausburg
MEMBERS ABSENT
Daniel Juarez
Emily Reeves
Dena Webb
Librarian's report
Ms. Adams called the meeting to order at 4:37 p.m. Minutes were approved from September of 2021.
Ms. Hausburg welcomed new board member Kristen Garrison. She then introduced the two new librarians:
Angela Fortin, Systems Specialist, and Fox Baker, Program Specialist, both of whom had been promoted from
Library Assistant. Ms. Hausburg explained about a recent restructure in the library's chain of command and
distributed an organizational chart. Eliminating the Librarian III and Librarian II positions allowed for the hiring
of the two Librarian Is and a part time Library Assistant. Ms. Hausburg has interviewed to replace the two
vacant Library Assistant positions and hopes to have people in place before the start of Summer Reading.
Having given the library's annual report for 2021, board members were asked if they had any questions,
comments or concerns.There being none, Ms. Hausburg then discussed upcoming plans for Summer Reading
and fall and winter programs.
A question was asked about a book challenge the library received in January. A Professional Reevaluation
Committee met to discuss the complaint and determined that the book A Day in the Life of Marlon Bundo
would not be removed from the library's Youth Picture Books collection. A written response about our
decision was sent to the customer without further challenge.
There being no further business, meeting was adjourned at 5 p.m.
Next meeting is set for June 21 at 4:30 p.m.
Signature:
E it Adams, Chairperson
Page 1 of 1
Agenda Item No.5.a
WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH BOARD MINUTES
°`C°°"'y March 25, 2022
447.
Wichita Falls-Wichita County Public Health District
1700 Third Street - Parker Conference Room
~ Wichita Falls, Texas
Public Health
BOARD MEMBERS PRESENT:
Keith Williamson. M D., Chair Physician - City Appointment
Tonya Egloff, D.D.S. Dentist—County Appointment
Melissa Plowman Restaurant Association - City Appointment
Jered Harlan, D.V.M. Veterinarian —City Appointment
BOARD MEMBERS EXCUSED ABSENCE:
Lauren Jansen, Ph.D., R.N., Vice-Chair Registered Nurse—City Appointment
Paris Ward, M.A., B.S., Secretary Citizen At-Large- City Appointment
David Carlston, Ph.D. Citizen At-Large - County Appointment
OTHERS PRESENT:
Lou Kreidler, R.N., B.S.N. Director of Health
Amy K. Fagan, M.P.A. Assistant Director of Health
Michael Smith Council Liaison
Woodrow W. Gossom, Jr. County Judge
I. CALL TO ORDER
Keith Williamson, Chair called the meeting to order at 12:01 pm after a quorum of members attained.
II. MEMBER RE-APPOINTMENT
Lou Kreidler, Director of Health, Staff Liaison conducted the re-appointment of Tonya Egloff, County appointed
Practicing Dentist.
III. APPROVAL OF MINUTES AND ABSENCES
Keith Williamson called for the review and approval of the January 14, 2022. minutes. Tonya Egloff introduced a
motion to approve the minutes as presented and Melissa Plowman seconded the motion. The motion passed
unanimously.
Excused absence noted for Paris Ward, Lauren Jansen and David Carlston.
IV. COVID-19 UPDATE
Amy Fagan introduced Paige Hollingsworth as a force behind the COVID numbers to present the latest totals as
of today: 33, 982 cases, 33,385 recoveries, 584 deaths, this week 13 active cases with 9 home and 4 hospitalized,
1 death.
Judge Gossom asked if there are other contributors in people with longer durations of recovery.
Amy Fagan replied over time recovery times changed, started at 14 days to 10 days now 5 days, people still with
symptoms are not indicated as recoveries there is a follow-up process for that. It has been interesting to read
the literature as time changes with each different variant, also unusual who gets sick for the long duration, it is
not always the expected over 70 or prime of life, people in their 20s cannot entirely clear symptoms There is
evidence of brain fog associated with Delta, heart, and brain issues based on each variant.
Paige Hollingsworth said the Health District now tracks up to date fully Vaccinated Breakthrough (VBT) cases for
the weeks of 2/26/22 to 3/18/22 had 46 total cases and 6 deaths. VBT cases identified as the following variants
to the present are Alpha from 4/18/21, Delta from 5/8/21, and Omicron from 12/18/21. Presentation of a
Hospitalization graph from the beginning of COVID shows the variants and surges but now on a steady decline
this week and last week remain constant at 4.
Page 1 of 3
Agenda Item No.5.b
Lou Kreidler stated it is the same 4 that have been in the hospital it is not different people coming in and out.
Amy Fagan said in the framework of confirmed cases in Texas what was seen locally is what was seen in the
State of Texas, it happened fast and declined fast. Overtime the new sub-linage of Omicron expectations are to
take on more of the culprit but not concerned at this time since the Work Health Organization has not said anything
specific to the linage. Denmark saw a drastic increase in the BA.2 variant and released mitigation measures at
that time but not seen anything have not seen here with the first variant Omicron the B.1.1.529. Pfizer and
Moderna seek approval for the fourth dose for specific populations and been known to help people should there
be another surge or variant. Hispanic and Black populations are the focus again being the most under vaccinated
and compared to the population density in the community. Texas numbers appeared up last week, which was
confusing because it declined locally the CDC moved to a risk model with 9 cases locally was ranked a medium
risk it does not coincide. The CDC statistics have been a little different the entire time but have trusted the local
data to post and provide information.The posting of numbers on the website have gone from daily to weekly and
moved the every Friday social to every other Friday, will continue to be transparent with numbers and provide
engagement. The Workforce grant COVID money funds sixteen staff, the six health educators/case investigators
will train in Health Preventions, Diabetes Prevention and Education, Chronic Disease Health Managements, to
offer the public classes being relevant to COVID since those with chronic medical conditions or less healthy had
been the sickest or died.
V. ANIMAL ORDINANCE UPDATE
Lou Kreidler stated at the last Board meeting a unanimous vote was made to move the Animal Ordinance
changes on to Council unfortunately it did not happen due to miscommunication with the Legal Department.
Evidently, the entire ordinance had not gone to Legal for review only one part, most of the Legal changes are
grammar, punctuation, and some areas with potential to change the intent of what the ordinance says.A meeting
was set with Legal and Animal Control yesterday but with an individual out was unable to attain an answer for
today. She will send an email if there are no changes to the ordinance as previous reviewed and voted by the
Board to precede to Council or if changes the ordinance will be on the agenda of the next meeting to review and
vote again.
VI. ENVIRONMENTAL HEALTH OVERVIEW
Samantha Blair Environmental Health Administrator explained, "What is Environmental Health" primarily. the
inspectors doing inspections in Wichita County with the majority being Retail Food establishments, generally
issue about 1,000 permits per year and the Food Ordinance regulates all of Wichita County.Also, regulate hotels,
motels, tattoo parlors within Wichita Falls city limits, public and semi-public aquatic facilities, not concerned with
the backyard pools concerned with apartment complexes, spas, campgrounds, the public places, and grease
traps. The on-site sewage facilities (OSSF) program lately has busted at the seams and home sells bloomed not
sure of the reason but environmental has been overwhelmed with the amount of existing inspections and new
construction for OSSF (septic tanks and aerobic treatment systems). Annual school and private school safety
item inspections and provide that information to the Administrators. Annual daycare facility inspections as
requested by the State for daycares that care for 12 or more children in Wichita County. Foster home inspections
as a local Health District when someone becomes a new foster home provider an inspection is done as well as
a State inspection, no decisions are made only review for safety hazards and pass information to the decision
makers.
Another part is complaint investigation; Environmental takes calls from citizens with a complaint against a facility
and investigates. In addition do enforcements a part of doing inspections can find violations, while the primary
goal is to educate sometimes enforcement action are taken using citations for corrections to be made. Education
is the focus with the end goal to protect public health and safety, the best cooperation found is whenever the
inspectors are engaging with the establishments teaching, trouble shoot on how to correct and move forward.
Often it is combating normal human behavior and habits, it is about how to build better habits to make the
employees aware and make that brain connection another reason education is important. Hand washing is the
number one violation seen a minor re-contamination. Plan review is when a new establishment is opening an
inspection is done then a plan review done working close with other City departments.
During the summer, the mosquito control program does both passive and active mosquito surveillance. The
passive mosquito control is set with a hot line people can call to report mosquitoes in their area and request to
spray the area, for Wichita Falls then Wichita County but not in the incorporated areas of Burkburnett, Iowa Park,
and Electra. Active surveillance starts when the State opens their Lab up for testing generally the end of April
early May. The State allows the program to send live mosquitoes collected to Austin for identification and test for
the presence of diseases. The last few years the Labs only test for West Nile virus due to their focus on COVID
but hope at one point in time will test again for all other mosquito borne illnesses.
2
Page 2 of 3
Agenda Item No.5.b
Environmental Health is a team of 10 full time employees; Division Health, Senior Administrative Clerk, two Public
Health Officers, six Sanitarians or Sanitarians-In-Training, and part time seasonal Vector Control workers.
Mosquito control in the summer generally consists of 2-4 night sprayers to go around in the mosquito trucks at
night to spray. The goal is to hire 4-6 daytime workers those that do the nitty gritty to go out find water sources
where mosquitoes are breeding, check for the presence of mosquito larvae and treat those water sites.
Susan Morris the Division Head retired and Samantha Blair took over in February 2020 then COVID happened,
as Division Head the entire year was COVID.The Health Department had to make changes did a lot of scrambling
and came together as a team to assure information got out to the citizens in a timely matter.
Done a whole lot of inter-departmental cooperation shortly after taking over as Division Head then shortly after
July 2020 got a new Wichita County Fire Marshall then 6 months later a new Building Official. The three together
have worked hard to eliminate some of the back in forth that was seen with business owners trying to open
businesses in Wichita County. When opening a new establishment or going into a building not functional or
operational for a long time, now predevelopment meetings are held with the establishment and all City
departments that possibly might be involved. What it does and so beneficial is to eliminate what he said, what
she said, not have to call 19 different offices to try to get an answer, there is a face with the name and actually
engage with the people. Now business owners are more likely to call and ask questions, that piece is very
important to make allowance for people to do what they want in a safe manner.
There are two ordinances in the process of an update: Lodging Ordinance and Food Ordinance. The majority of
the Lodging Ordinance was written in 2006 with a minimal update in 2010 the world has changed, adjustments
are needed for the current market. Now with the home sharing, Airbnb, those sorts being residential homes, there
should be an assurance those are not collected under the Lodging Ordinance that is not the intent of the
ordinance, only for public hotels/motels. The Food Ordinance last update was in 2015 when the State changed
the Texas Food Establishment Rules (TFER). Last summer the State updated the TFER again, so the Food
Ordinance will need an update to align with the State. The amount of sales taken place electronically with food,
deliveries, third party deliveries, and ghost kitchens, all those have weird nuances that came about with COVID
that need addressed. Over the past few years there has been some confusion at what point is the restaurant no
longer responsible for the food if a third party delivery service is used.
Lou Kreidler said one thing Samantha did not mention is the on-site sewage facilities program monitors the lake
lots at Lake Kickapoo and Lake Arrowhead because those are local water sources that need to be secured so
on-site sewage facilities around the Lakes do not send sewage directly into the Lake.
Melissa Plowman had a question about the Food Ordinance, she knew the State has talked about the Managers
Certification being full time their establishment has been required for at least one manager not necessarily in the
building, will that be going into the ordinance.
Samantha Blair replied yes, the new TFER update did include a Certified Food Manager present at all times so
with that expectation would be the Shift Managers to have a Certificate as well.
Keith Williamson commented that it was a real good presentation and grateful Samantha had taken over with big
shoes to fill sure she was capable.
Lou Kreidler and Amy Fagan appreciate that because Samantha literally came on in February COVID started in
March she trained herself and done an amazing job.
Keith Williamson thinks there is a bright spot in the pandemic because many people stepped up and were able
to shine just because they had to.
VII. NEXT MEETING DATE
Friday, May 13, 2022
VIII. ADJOURN
Keith Williamson adjourned the meeting at 12:40 pm.
VVYV`''
Signature
D \Koack. St
Print Name-Keith Williamson, MD, Chair, Lauren Jansen, PhD, RN, Vice-Chair, Paris Ward, MA, BS, Secretary
3
Page 3 of 3
Agenda Item No. 5.b
LANDMARK COMMISSION
MINUTES
April 26th, 2022
MEMBERS PRESENT:
Michele Derr • Chairperson
John Dickinson ■Member
Christy Graham • Member
Joel Hartmangruber ■Member
Andy Lee ■Member
Noros Martin • P&Z Liaison
Nadine McKown ■Vice-Chairperson
Marcela Medellin ■Member
Janet Ponder Smith • Member
Tim Brewer ■ Council Liaison
Amy Gardner, Legal Liaison ■ City Staff
Terry Floyd, Development Services Director • City Staff
Karen Gagne, Principal Planner ■ City Staff
Christal Ashcraft, Development Services Admin. Asst. ■ City Staff
ABSENT:
GUESTS:
Jana Schmader,Director • DWFD
I. Call to Order, Introductions and Administer Oath of Office
Chairperson Michele Derr called the meeting to order at 12:00 p.m. Ms. Derr had
Commission members, staff and guests, introduce themselves.
11. Review & Approval of Minutes from: March 22nd 2022
Chairperson Derr called for review and approval of the March 22nd 2022 Landmark
Commission meeting minutes. Mr. Noros Martin made a motion to approve the minutes,
Mr. John Dickinson seconded the motion. Minutes were unanimously approved 9-0,
Regular Agenda Item
III. Action Item: 726 Scott Avenue — American Trust Building/Holiday Inn: Review &
Consideration of Support for a Nomination to the National Register of Historic Places
Ms. Gagne stated many of the Commission members would be familiar with this project
also known as the "Petroleum Building" was constructed in the years 1966 — 1968. An
original drawing done by George A. Thomason dated March 6, 1965 was shown and noted
the plans were modified to the current design when the project was assigned to architects
Killebrew, Cupit and Associates. Ms. Gagne stated it was mid-century modern design and
one of the first buildings in Wichita Falls from the 1960's to be nominated to the National
Register of Historic Places.
Page 1 of 5
Agenda Item No. 5.c
Landmark Commission 2 April 26, 2022
Ms. Gagne advised the Texas Historic Commission (THC) has scheduled the application
to go before the State Board of Review (SBR) on May 21st, 2022. A required endorsement
regarding the nomination, by the Landmark Commission and the highest elected official
(Mayor) must be submitted prior to May 20th, 2022. Ms. Gagne advised the entire
application could be found in the book provided to all Commission members for their review.
Ms. Gagne stated key criteria for the nomination which is based on four elements:
a) Association with important events contributing significantly to broad pattern of our
history; or
b) Be associated with the lives of persons significant in our past; or
c) Embody distinctive characteristics of a type, period or method of construction;
represents work of a master or possesses high artistic values or represents a
significant & distinguishable entity whose components lack individual distinction; or
d) Have yielded, may likely to yield, information important in prehistory or history.
The area of significance for this project is, association with important events contributing
significantly to the broad pattern of our history with the period of significance 1966-1972.
This structure is an example of post-war commercial building using curtain wall technology.
Curtain wall design wraps around each end of the L-shaped tower until reaching red brick
masonry stair tower. The American Trust Life Insurance corporate headquarters, located
on the 10th floor, started in Wichita Falls in May 1953 and was licensed in 10 states. By
1966 the company had assets worth $6.3million and became the largest insurance
company in west/central Texas. When oil revenues declined in the 1960s, the company
was considered a stabilizing force on the economy in North TX. With the exception of some
alterations in the 1970s and in 1993, the building generally retains its mid-century modern
historic integrity.
Mr. Martin asked what the purpose was of two restrooms, shown in one of the photos. Ms.
Gagne stated it was most likely done during one of the early renovations.
Ms. Medellin asked what the four elements of criteria were, with Ms. Gagne repeating. Ms.
Ponder-Smith asked Ms. Gagne to explain about the important event(s). Ms. Gagne
advised of the unique construction elements associated with the building as well as the
important role American Trust & Insurance Company played in the development of Wichita
Falls and in Texas. Ms. Ponder asked about the history of previous owners trying to make
a business plan work in this location. Mr. Floyd advised the 4B Board has a current
commitment of funding for this project.
Ms. Graham made a motion to recommend the Commission's endorsement and approval
of the nomination. Ms. Medellin asked how the nomination would work without the original
façade and would the owner be able to go back and change it. Ms. Gagne advised it was
not a local nomination so no design guideline review and not as many stipulations.
Chairwomen Derr asked if changes were made, would they come before the Landmark
Commission for approval. Ms. Gagne advised they would not. They would only be for
informational purposes. Mr. Hartmangruber seconded the motion, the motion passed 9-0.
Page 2 of 5
Agenda Item No.5.c
Landmark Commission 3 April 26, 2022
IV. Action Item: 900-1008 Indiana Avenue — Indiana Avenue Historic District: Review &
Consideration of Support for a Nomination to the National Register of Historic Places
Ms. Gagne stated staff had worked with Post Oak Preservation Solutions, Downtown
Wichita Falls Development, Inc. (DWFD) and the City of Wichita Falls TIF#4 Board to cover
costs associated with the research and application fees with the consultant for submission
of the Indiana Ave. Historic District for a National Register Nomination. The process was
slowed during the Covid pandemic and recommendations from Texas Historic Commission
(THC) National Register Coordinator as the 900 block of Ohio was originally planned for
inclusion. THC indicated they could not support a NRHP application nomination with the
Indiana and Ohio blocks combined as they were deemed to have different periods of
significance, era of development and overall purpose. Based on the City's involvement with
this project, staff recommended supporting the national register nomination for the Indiana
district.
Ms. Gagne stated for this project the determination for eligibility for National Register of
Historic Places would be based on the four elements previously discussed:
a) Association with important events contributing significantly to broad pattern of our
history; or
b) Be associated with the lives of persons significant in our past; or
c) Embody distinctive characteristics of a type, period or method of construction;
represents work of a master or possesses high artistic values or represents a
significant & distinguishable entity whose components lack individual distinction; or
d) Have yielded, may likely to yield, information important in prehistory or history.
Ms. Gagne advised the criteria for qualification of this nomination would be: a) as it reflects
commercial growth downtown, encompassing the early 1900s to the oil boom, through post
WWII period in which key anchor buildings include: Perkins-Snider-Radio Building (known
as the First Texas Building); Wichita Theatre; Perkins-Timberlake Building; and Filgo-
Bailey-Moline Building and c) the nomination based on architecture and being an intact
collection of early to mid-20th century commercial buildings with a high degree of integrity.
Ms. Gagne stated just as with the previous nomination, the Texas Historic Commission
(THC) has scheduled the application to go before the State Board of Review(SBR) on May
21st, 2022. A required endorsement regarding the nomination, by the Landmark
Commission and the highest elected official (Mayor) must be submitted prior to May 20th,
2022.
This nomination includes 14 properties, 12 of which are contributing structures with a period
of significance from 1908 to 1960. The main era of construction was the 1920's — 1930's,
after 1918 when oil was discovered in Burkburnett, development expanded westward from
the railroad/Ohio Avenue area.
The architects/builders associated with this district include Sanguinet, Staats, Hedrick &
Pate, Voelcker & Dixon, along with Burke, Kober & Nicholais in the Commercial Classical
Revival style. Photos were shown of some of the various buildings in the proposed district;
• 900 Indiana — Perkins-Timberlake, 1960
• 917 Indiana — Noble Hardware, 1980
• 925 Indiana —Wichita Theatre, 1980
Page 3 of 5
Agenda Item No. 5.c
Landmark Commission 4 April 26, 2022
• 927 Indiana — Parisian, 1955
• 1000 Indiana — Filgo/Bailey-Moline, 1950's
Ms. Gagne stated the application for this nomination could be found in the meeting book in
its entirety for review.
Mr. Lee made a motion to support the recommendation that the Landmark Commission
approve and endorse the Indiana Ave. Historic District nomination to the National Register
of Historic Places and stated the historic tax credit should be substantial in helping to bring
the buildings up to meet current code requirements. Mr. Martin asked what the tax credit
would amount to and how others would be taxed due to this. Ms. Graham explained this
would have nothing to do with appraisal value, that it was not property tax but rather an IRS
credit to an individual/company's taxes based on an authorized THC or federal historic tax
credit restoration/rehabilitation project. Ms. Ponder-Smith seconded the motion and it was
passed with a vote of 9-0.
V. Other Business:
a) Monthly Reports
Depot Square:
Ms. Derr gave the following updates:
• April 26th— MSU Texas Night Downtown @ 5pm
• May 5th —Art Walk
• May 7th — Mother's Day Tea, Kell House
• May 13th— Gallery Night, Wichita Falls Art Association
• May 14th— Opening Reception for the Sculpture Garden, Kemp Center
• May 14th— Cajun Fest, Downtown 11 am — 7pm
• Now-May 8th — Frozen, Wichita Theater
• Now-May 21st— Cover of Life, Backdoor Theater
Kell House Restoration/Rehab Project:
Staff provided brief status report
West Floral Heights:
Ms. Ponder-Smith gave the following updates:
• Neighborhood Clean-Up in May
b) Resources & Periodicals:
• National Trust: National Preservation Month (May) — Overview & Project:
Staff outlined a proposal to engage other community preservation partners
(Wichita Co. Heritage Society, Wichita Co. Historical Commission and Museum
of North Texas History)for a multi-year preservation month project of researching,
identifying and restoring THC historic markers across the city. In addition, staff
challenged the Landmark Commission members to consider creating a volunteer
team to refurbish a marker during the month of May. Staff will conduct a basic
training 'How To' session using THC's Bob Brinkman video kicking off
preservation month on National Historic Marker Day April 29, 2022. Staff will put
together a marker supply box with all materials necessary to refurbish a marker.
Page 4 of 5
Agenda Item No. 5.c
Landmark Commission 5 April 26, 2022
There will also be a proclamation at the May 3rd City Council meeting proclaiming
May as National Historic Preservation Month and encouraged all preservation
board members to participate.
• Friends of THC -Webinar: Exploring Undertold Stories of Texas (Historic
Markers Program) May 12 @ 6pm
c) Design Review— Staff Authorized — Minor Alteration/Repairs
• 2715 9th St (Morningside National Register District) — residential remodel;
information only
• 1608 Tilden (West Floral Heights HD) — plumbing permit/water heater
VI. Adjourn
Meeting adjourned at 12:39 p.m.
Next regularly scheduled meeting May 24, 2022 - 12p.m.
Michele Derr, Chairperson to
Page 5 of 5
Agenda Item No. 5.c
Wichita Falls Park Board Meeting
April 28, 2022
W.F. Recreation Center
600 11th Street Room 205
Time: 1:30pm
Presiding: Jim Heiman
Members Present: Thomas Taylor, Alan Donaldson, Larri Jacoby,
Dorcas Chasteen, Michael Battaglino
Members Absent: Crystal Byrd, Sandy Fleming, Jessica Traw, Patrick
Hearn
City Council Representative: Absent: Steve Jackson
Other: Blake Jurecek, 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 March 24, 2022, were put before the Board for approval.
Dorcas Chasteen made the motion to approve the minutes and Larri Jean Jacoby
seconded the motion.
4. DEPARTMENTAL REPORT:
A. Recreation: Attached
B. Parks: Attached
C. Blake Jurecek: Asst. City Manager
• Spoke to the board about the Lake Wichita Parking Lot and turf
for the Sports Complex being a priority for the ARPA funds.
• Developing partnerships with groups such as the Disc Golf
Association to fund other projects and needs
• Updated possible move of the original Veteran's Memorial to the
Vietnam Veteran's Memorial along with consolidating other
memorials in the same central location.
D. Lake Wichita Revitalization Committee: Mike Battaglino
• Question and discussion about the Memorial Flame now at
Memorial Auditorium being moved to the new memorial area and
what it would take to do that. A propane gas supply would need
Page 1 of 2
Agenda Item No.5.d
to be installed and decision on who would be responsible for
operating it when scheduled.
• The committee has sold over 900 bricks for the Veteran's
Memorial and are in the process of verifying those purchases to
see how many bricks they actually have.
• Committee discussed naming the Memorial in honor of Harry
Patterson but Patterson family declined at this time.
• Question about creating bricks from the lake bottom was that it
would make a good brick but not cost effective to do so.
• The consolidation of the memorials will result in new engineering
cost as well longer time frame for completion.
• Discussion/ questions regarding how ARPA funding awarded,
Blake explained that each department could use all that money
just for themselves but the goal was to give a little of it to as
many departments as they could.
4. Circle Trail Update: Terry Points
• New section of trail may be completed earlier than expected.
• Problem with people walking through Larry's Marine property
when the trail ends.
5_ Parks Review Update: Tom Taylor
• Limited feedback on report. Will continue to collect feedback and
present to board.
• Discussion of Councilman Nelson being representative for Park
Board.
• Rotary Park Dedication will be May 15.
6. Other Business, Announcements, Comments:
Motion by Dorcas Chasteen to adjourn. 2' by Larri Jean Jacoby
Meeting was ad-ourned at 2:33
Signature:
Jim eiman (First Chair)
Page 2 of 2
Agenda Item No.5.d
MINUTES
CONSTRUCTION BOARD OF ADJUSTMENT
June 13, 2022
PRESENT:
James Cox •Member
Michael Grassi •Member
David Hartwell • Member
Anthony Inman ♦Vice-Chair
Pete Johnson ♦ Member
Allen Moore • Member
Gary Oatman • Member
Luke Oechsner • Member
Ripley Tate ♦Member
Tanner Wachsman •Member
Councilor Browning •Council Liaison
Kinley Hegglund, City Attorney • City Staff
Paul Menzies, Assistant City Manager •
Terry Floyd, Development Services Director •
Ricky Horton, Interim Chief Building Official •
Ken Prillaman, Fire Chief ♦
Cody Melton, Fire Marshal •
Brad Scates, Assistant Building Official ♦
Samantha Blair, Environmental Health Administrator ♦
Christal Ashcraft, Development Services Assistant •
ABSENT:
Leo Lane •Chairman
Doug Marchand •Member
Johnny Ozee •Member
I. CALL TO ORDER
The meeting was called to order by Mr. Anthony Inman, vice-chairman of the board
at 3:00 p.m.
III. PUBLIC COMMENTS
Vice-Chairman Inman asked if there were any comments from the public. With no
response, Mr. Inman closed public comments.
IV. APPROVAL OF MINUTES
Mr. Allen Moore made a motion to accept the March 23Pd 2022 minutes. Mr. Luke
Oechsner seconded, motion passed 10-0.
VII. REGULAR AGENDA
A. Discussion of the 2021 International Fire Code (IFC)
Page 1 of 8
Agenda Item No. 5.e
Construction Board of Adjustments 2 June 13, 2022
Fire Chief, Ken Prillaman, thanked the Board for their time and stated his
presentation would be for educational purposes only and there would be no
vote to adopt. Chief Prillaman stated he wanted to provide some insight on how
the code process worked for the entire family of codes. He stated it was a
government consensus process where all changes were voted on by
International Council Code (ICC) members, which consisted of 15,362
government employees and 55,549 from the private sector. Making this
process possibly the most transparent in all government.
The International Fire Code (IFC) applies almost exclusively to commercial
buildings. Code changes are made to address one or more, of four specific
issues and works hand-in-hand with the International Building Code (IBC) to
address bonafide safety issues. One change is of a safety issue, dealing with
employee communication abilities while on a call. At times, due to the amount
of steel and/or concrete in a structure, the ability for fireman to communicate is
hindered, creating a safety issue. The new code also increases the required
amount of light to exit signs in a stairwell which are most frequently used to
evacuate people in an emergency situation.
Chief Prillaman also stated there was corrections made to the 2021 IFC for
clarity as well as updating vehicle reference to include electric cars. Chief
Prillaman advised the 2021 IFC also expanded and updated various quantity
limits in charts as well as cleaned up code conflicts.
One example given, the 2015 IFC would require the Red River Hospital to do
fire alarm testing, 4 times a year, for all 3 shifts, requiring all occupants to exit
the building into the street. The 2021 IFC still has those same requirements,
only the employees are required to exit the building, therefore, not having to
evacuate patients.
in an effort to provide design and compliance information for new and
emerging risks, processes and technology, the 2021 IFC now has information
on; food trucks; THC processing facilities; on-demand mobile fueling and 3D
printing operations.
Chief Prillaman advised the Board that Texas State law allows jurisdictions to
add, delete and/or modify code provisions. Chief Prillaman stated he and staff
strongly recommend and believe the IFC should be adopted with the IBC. Chief
Prillaman encouraged the Board to read the codes and communicate back to
staff what they did not like and/or don't agree with so that can be discussed
and a solution obtained. Staff would like to be no more than one code cycle
behind due to the amount of time the adoption process takes, about 12-18
months, putting the codes 6-8 years behind.
The ICC website gives key changes for every code there is with easy to
recognize changes in blue lettering. Chief Prillaman stated previous codes can
also be accessed and compared side by side to see changes.
Page 2 of 8
Agenda Item No.5.e
Construction Board of Adjustments 3 June 13, 2022
Mr. Allen Moore asked if the IFC could be adopted without adopting the IBC.
Chief Prillaman stated that yes, technically the IFC could be adopted without
the IBC, however, there would be unintended conflicts between the two codes
created, making development difficult.
Vice-Chair Inman called for any comments from the public. With no comments
Mr. Inman asked if there were any comments or questions from the Board
regarding the IFC. Mr. Gary Oatman asked if there were currently any known
conflict issues. Chief Prillaman stated there were none he was aware of at the
time but could not be certain without conferring with Mr. Ricky Horton, interim
Chief Building Official. He stated Wichita Falls had a history of adopting every
other code cycle, where he is from they adopted the most current cycle
available. He stated if the 6 years was too big of a time frame to adopt he
would be open to discussions on adopting every 3 years. Chief Prillaman
expressed concerns about being so many years behind on the adoption of the
code and asked the Board for their recommendation on a good way to remain
more current. Chief Prillaman reminded the Board that the City Council allowed
modifications to be made to the codes and encouraged them to take
advantage of that benefit not offered in other cities. It was also noted staff
could not talk to the Board about issues if they did not voice them and give staff
an opportunity to resolve them.
Mr. Allen Moore stated they had previously never been given the opportunity to
change anything up till the last 8 months. He advised previously there was a
lack of communication and they didn't have access to talk to anyone and that
he didn't understand why they can't adopt one code and not others. Chief
Prillaman advised staff wants to know about conflicts and challenges and have
open discussions on them for a resolution. The Chief urged the Board to be
careful of adopting the IFC without adopting the building codes and the
unintended conflicts it would create in the future as they work together. as all
the family of codes do for safety. Mr. Floyd reminded the Board to please turn
on the mics so that they could be heard.
Mr. Michael Grassi stated the last time the Board met was in 2014 and asked
Mr. Heggiund how the CBOA agendas are created. Mr, Hegglund advised the
City Council directs staff based on the wants and needs, for instance the last
meeting held, City Council requested the 2017 NEC be reviewed, The City
Council talked with the Mayor, then the Mayor discussed with Mr. Floyd who in
turn created the agenda to request a meeting.
Chief Prillaman advised he would be happy to return noting the approval of Mr.
Hegglund and Mr. Floyd. Mr. Moore asked if they wanted something to be on
the agenda how they could do so. Mr. Hegglund advised the Board members
could not. They would have to follow the process and make that request to the
Chairman, who would contact the Board's Council liaison to discuss with the
Mayor to direct staff to call a meeting.
Vice-Chairman Inman asked Mr. Floyd since this was not an action item on the
agenda if it could be voted on. Mr. Floyd advised it could not as it was listed
Page 3 of 8
Agenda Item No. 5.e
Construction Board of Adjustments 4 June 13, 2022
only as discussion on the agenda, however, it could be brought back once
vetted by the Board for a vote and that he would relay to the City Council. Mr.
Moore asked if they could request an adhoc committee and when. Mr. Floyd
advised the department was short staffed but would schedule it as soon as
possible. Mr. Moore made the request to have a round table or adhoc for the
2021 IFC. Mr. Ripley Tate asked Chief Prillaman what would be a good time
for him to return before the Board. The Chief stated as soon as possible,
although he would continue to be patient. Chief Prillaman did note he
researched with pier cities and the City of Wichita Falls is the only city
proposing to adopt the IFC without adopting the IBC, stating, either all those
cities are wrong or this is something they need to look at. Chief Prillaman
stated he would set his expectations of significant progress by the 2nd quarter
of 2023.
Mr. Grassi asked what the state standard of adoption on the IFC was. Chief
Prillaman advised the Board did not have to adopt any code. If none adopted if
would fall to the State Fire Marshal whom advised via email any city not
adopting the IFC, it would default to the 2015 NFPA standards.
Mr. Luke Oechsner asked if the Chief was aware of anything that presented a
clear danger or anything pressing. Chief Prillaman stated there was nothing he
was aware of and that he would be comfortable waiting another 6 months to
adopt the 2021 IFC.
At this time Vice-Chair Inman thanked staff for their time and presentation to
the Board.
B. Conduct a Public Hearing and take action related to the recommendation
of adoption of the 2018 International Swimming Pool and Spa Code
(ISPSC) and associated amendments
Vice-Chairman Inman declared the public hearing open at 3:34pm and asked
Mr. Ricky Horton to present the item. Mr. Horton presented the 2018
International Swimming Pool and Spa Code (ISPSC) and associated
amendments and advised in the Boards packet was the ordinance amending
Article X — Swimming Pool as codified in Chapter 22 Of the City's Code of
Ordinances.
Mr. Horton stated the ordinance included one staff-proposed amendment from
the Health Department to require carbon monoxide detectors be installed in
public pool equipment rooms when fuel-fired equipment is housed inside the
equipment room.
Mr. Horton gave a brief timeline of meetings previously held over the ISPSC
and advised after much discussion staff was recommending moving forward
with the adoption of the 2018 ISPSC, which is in accordance with the minimum
code as adopted by the State in the Texas Local Government Code — Section
Page 4 of 8
Agenda Item No. 5.e
Construction Board of Adjustments 5 June 13, 2022
214.103. Staff had received no other proposed amendments and believed
there was a general consensus to move forward with the adoption, as staff
recommended, the 2018 ISPSC.
Vice-Chairman Inman called for any comments from the public. With no
comments, Mr. Inman closed the hearing to the public at 3:36pm and opened
the floor for a vote. Mr. Gary Oatman made a motion to adopt the 2018
ISPSC. Mr. Allen Moore seconded the motion.
Mr. Grassi asked if there were any big changes for residential pool contractors.
Mr. Horton advised there didn't seem to be. Vice-Chairman Inman asked if the
carbon monoxide detector was a simple battery operated alarm. Mr, Horton
advised yes, with the alarm to sound nearby. Mr. Inman asked if there was any
issues from pool builders and/or pool maintence supervisors. Mr. Horton
advised none that he knew of and asked Ms. Samantha Blair to advise of
anything she was aware of.
Ms. Blair stated she has spoken to the pool managers and facility maintenance
workers actively working in the pool storage rooms and have found them to be
over crowded, contain a lot of chemicals, a lot of water and electricity run
through them that presents a potential hazard. Ms. Blair advised most all of the
workers are very open to safety codes and she has had no negative feedback
when discussing issues with them, noting there have been a couple of
incidences of people passing out due to over exposure to chemicals.
Mr. Moore asked if the alarm is to be installed inside the storage room who
would be able to hear it sound off. Mr. Horton advised they would look into the
issue. Mr. Moore stated he wasn't sure it would be of much help if the only
person to hear the alarm was passed out inside the storage room. Ms. Blair
advised her office would be open to looking into the issue for a resolution. Mr.
Inman asked if there was anything else discussed or debated about in the
ISPSC sub-committee meetings. Mr. Horton advised he was not a part of those
previous meetings but had not heard of anything. A Board member asked Vice-
Chair Inman if any of the Board members where a part of those meetings. Mr.
Tanner Wachsman stated he was not present due to a previous engagement.
Ms. Christal Ashcraft advised the Board in the packet handouts were notes
from previous ISPSC sub-committee meetings and had listed at the top who
was in attendance. Mr. Floyd advised Mr. Wachsman was in attendance at the
meeting held March 7th, 2022.
Mr. Horton stated Chief Prillaman had a comment to make regarding the
proposed amendment. Chief Prillaman advised most carbon monoxide
detectors would alert at 75ppm, OSHA guidelines are 150ppm for up to 8hours.
The CO detectors are a very early warning system not a system that identifies
an environment that is immediately dangerous to life and health and gives the
user plenty of time to remove themselves from harm.
Page 5 of 8
Agenda Item No.5.e
Construction Board of Adjustments 6 June 13, 2022
Mr, Gary Oatman stated there was some discussion of the professionals
working on the pools being licensed and unlicensed, and asked for clarity. Mr.
Horton advised they would need to be a pool contractor registered and bonded
with the City of Wichita Falls. Mr. Oatman stated at some point there had to be
a licensed electrician to perform work. Mr. Horton stated that was correct and
the same applied for plumbing and gas. Mr. Oatman asked if the amendment
requiring the CO detector was for gas-fired equipment only and what
percentage of pools had that. Mr. Horton confirmed that was correct and
advised most commercial would have gas-fired equipment. Mr. Oatman asked
if staff was aware of any deaths near pools due to electric shock in the last
5yrs. There were none known.
Vice-Chairman Inman called for a vote to recommend adoption of the 2018
International Swimming Pool and Spa Code to the City Council. The vote
passed unanimously 10-0.
C. Conduct a Public Hearing and take action related to the recommendation
of adoption of the 2017 National Electric Code (NEC) and associated
amendments
Vice-Chairman Inman declared the public hearing open at 3:46pm and asked
Mr. Ricky Horton to present the item. Mr. Horton presented the 2017 National
Electric Code (NEC) and associated amendments with no changes. Mr. Horton
stated the City Council met on June 7th, 2022 to discuss the adoption of the
2017 NEC where it was tabled for review by the CBOA to vet and give their
recommendation at the next City Council meeting scheduled July 19th, 2022.
Mr. Horton stated staff proposed the 2017 NEC to CBOA for recommendation
to City Council.
With no comments from the public Vice-Chairman Inman closed the hearing to
the public at 3:47pm and called for a motion to adopt. Mr. Grassi advised he
would rather discuss the item first. Mr. Inman stated when he reviewed the
2017 NEC it was just clarifying language. Mr. Horton stated that was correct
and it was also the removal of the Board of Electrical Examiners and replacing
it with the Construction Board of Adjustments.
Vice-Chair Inman advised the city had been operating under the 2017 NEC
and he discussed the code with 6 electricians, 5 of those were commercial
electricians and 1 a residential electrician, and they advised he found they had
no issues with the 2017 code but rather the 2021 code that brought challenges
to be discussed. Mr. Luke Oechsner stated he has been operating under the
2017 NEC and had no issues with it.
Mr. Grassi asked Mr. Hegglund to describe to the Board what Texas state law
required. Mr. Hegglund stated as it related to the NEC, the City is governed by
the Texas Local Government Code 214.214 which sets out what municipalities
such as, Wichita Falls can and can't do as it relates to adopting the NEC. Mr.
Hegglund advised it established a minimum if the City wished to adopt a code,
Page 6 of 8
Agenda Item No. 5.e
Construction Board of Adjustments 7 June 13, 2022
the state law says you have to adopt at least the 1999 NEC. If the City
chooses not to adopt a NEC, then at that time it would fall to TDLR to handle
the enforcement elements.
Vice-Chair Inman asked Mr. Brad Scates if there was anything he liked or didn't
like and how he view the 2017 NEC from his standpoint. Mr. Scates advised
he also served as a Subject Matter Expert (SME) for Texas Department of
Licensing and Regulation (TDLR), helping write the exams for all state
licensing. Mr. Scates stated according to the Attorney General, we have to
meet or exceed what the state minimum is and gave an example of ground
faults. Mr. Scates stated as of September 1st of this year, the State will be
under the 2023 NEC and states for the safety and well-being of the public and
property we should meet what is the state minimum.
Mr. Scates advised with previous code adoptions, the Board of Electrical
Examiners and staff went over all the codes, line by line and take their
recommendation to City Council. When TDLR took over, the first code cycle
taken to City Council, staff did what had been done previously. At that time, the
current City Attorney stated since the State was taking over the codes that it
was no longer needed to take the code adoption recommendation to City
Council. At that time there was no response from anyone about making any
changes to the code.
Mr. Grassi stated he believes the electrical community should have an
opportunity to go over the 2017 NEC before the Board votes on the
recommendation. Vice-Chairman Inman asked Mr. Floyd about the crunched
timeline and if we could have a sub-committee meet to discuss the 2017 NEC,
have them bring that back to a CBOA meeting, and still have it to the City
Council before the July 19th meeting. Discussion among staff about notification
deadlines and potential meeting times. Mr. Floyd advised staff would schedule
a meeting for the sub-committee to meet Monday, June 20th and Wednesday,
June 22nd at 2pm in room 500 to discuss the 2017 NEC. Staff would also set a
tentative meeting date of June 29th for CBOA to convene to determine their
recommendation for City Council July 19th 2022. Vice-Chair Inman asked
Councilman Browning if this arrangement was agreeable. Mr. Browning
advised yes it was. Mr. Floyd stated staff would notify the Board once dates
and times were set.
VIII. ADJOURN
Vice-Chairman Inman asked if there was any other business. Mr. Floyd thanked the
Board for their time and being present. Vice-Chair Inman adjourned the meeting at
4:07pm.
Page 7 of 8
Agenda Item No.5.e
Construction Board of Adjustments 8 June 13, 2022
t 7 - 0 — ZL.
Ch irman, Lev Lane Date
7
Terry Fl yd!ffector of Development Services Date
Page 8 of 8
Agenda Item No. 5.e
ANRRAkIa ... aaHxu wuPtUIIW w,rosr.�v w w—m.—,;15.c ,,xww+mw.immw�••..
MINUTES
LAKE WICHITA REVITALIZATION COMMITTEE
June 14, 2022
PRESENT:
•Members
David Coleman, Chair
Matt Marrs
Sharon Roach
Mike Battaglino
Austin Cobb
Blane Boswell, City Engineer ■staff
Robert Mauk, TP&W ■Guests
Bob French, DAV
ABSENT: Tim Brewer, Steve Gamer, Ford Swanson, John Strenski, Alison Sanders,
Kendrick Jones, Alicia Castillo, Rick Hernandez
1. Call to Order: David called the meeting to order at 10:07 am and declared a quorum.
He introduced our guest, Mr Bob French of the Disabled American Veterans local chapter
2. Approval of Minutes: May meeting minutes were approved unanimously.
3. Project Updates:
3.a. Veteran's Plaza Project: David informed the group that he made a presentation to WF
City Council on June 7th regarding the question of whether the Veterans Memorial Plaza
(VMP) should be constructed at Lake Wichita Park, rather than at the Boat Ramp site.
During that presentation, Steve Gamer explained to City Council that he has spoken to
Brenda Patterson and Bob Howard, both of whom gave their approval for this site
change. It was not a Council action item, so no vote was taken, but Council clearly
supported moving the VMP to Lake Wichita Park.
At the next City Council meeting on June 21st, Council will consider approving the change
order to the KHA design contract for$63,000 to amend construction plans for the site
change. David stated that he is working to transfer the funds in PayPal (approx. $35,000)
to the City to help cover the cost of the re-design work, with the remainder of the funding
taken from the approx. $50,000 the City is holding for potential change orders.
David informed the group that the Saluting Soldier statue is now complete, and funds
($14,500) have been requested from the WFACF to pay the remainder of the statue's
cost ($12,500) plus shipping ($2,000). David is working with Terry Points to find a place
to store the statue until it's ready to be installed at the Plaza. Michael stated he might
have a place to store the statue, and he will check on that.
David informed the group that a progress payment is being processed through the
WFACF in the amount of$21,500 for the Gold Star Family monument. This will leave a
final balance of$10,750 due when the monument is completed.
June 14, 2022
Page 1 of 2 Agenda
Item No.5.f
1 nniui aMP. .rcwvvmv^,gv ""^`^+*'+ll\lWNIIiMM:,WN1WW4ttV9tl41CW •
David stated that on June 20th, the City Council of Lakeside City will consider approval for
John Strenski to submit a "Grant Request"to the WFACF to do two things: First, pay the
Polar Engraving invoice of$24,753.50, and second, (after Polar is paid)transfer the
remaining balance in that account(which would then be approx. $5,000)to the City of WF
to help cover design costs.
The Committee discussed the wording for the GSF Monument's Descriptive Marker.
David provided draft wording, and after a few suggestions, a final version was agreed
upon unanimously. David will communicate this wording to the Woody Williams
Foundation Rep, so they can begin production of the Marker.
3.b. Lake Deepening: No discussion.
3.c. Kayak Launch Grant: Awaiting delivery of the Launch equipment.
4. Discussion of Brick Sales and Fundraising Initiatives: David stated that he edited
all 743 of the brick orders, and we await action by Lakeside City to get the Polar invoice
paid. Bricks should be delivered late August, and before then, we must find a place to
store the bricks and decide upon a method of getting the Replica Bricks to the people
who ordered them.
5. Other Business Matters: None.
5.a. Website Changes: On hold.
6. Adjournment: The meeting adjourned at 10:40 am.
12S 22
David Coleman, Chair Date
June 14, 2022
Page 2 of 2 Agenda
Item No.5.f
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance adopting
the 2018 International Swimming Pool and Spa Code (ISPSC) and
associated amendments.
INITIATING DEPT: Development Services
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
BACKGROUND:
• March 7, 2022 — Initial ISPSC meeting held with CBOA committee members and
contractors to discuss ISPSC.
• March 23, 2022 — CBOA considers amendments to the current building codes and
votes to stop all pursuit of the 2021 ICC codes, except for the ISPSC. Directs staff
to continue meeting schedule for ISPSC as proposed.
• May 19, 2022 — Staff holds additional ISPSC meeting with CBOA members and
contractors to finalize any further amendments and/or items related to adoption of
the ISPSC.
• June 13, 2022 — CBOA recommends adoption of the 2018 ISPSC with staff
recommended amendments.
• July 19, 2022 — City Council consideration of adoption of the 2018 ISPSC
COMMENTARY:
The International Swimming Pool and Spa Code (ISPSC) is a model code that regulates
the minimum requirements for the design, construction, repair, and maintenance of
swimming pools, spas, hot tubs, and aquatic facilities. The 2018 version of the ISPSC is
the minimum standard required under state law.
The attached ordinance would formally adopt the 2018 version of ISPSC as
recommended by the City's Construction Board of Adjustments (CBOA). The attached
ordinance amends Article X—Swimming Pool as codified in Chapter 22 of the City's Code
of Ordinances.
The ordinance also includes one staff-proposed amendment to require carbon monoxide
detectors be installed in public pool equipment rooms when fuel-fired equipment is
housed inside the equipment room.
Staff held meetings with members of the CBOA, local pool contractors and other
interested parties on March 23 and May 19, 2022, to discuss adoption of the ISPSC. Staff
is recommending moving forward with adoption of the 2018 ISPSC at this time, which is
PAGE 1 OF 8 PAGES
AGENDA ITEM NO. 6.A
in accordance with the minimum code as adopted by the State in the Texas Local
Government Code - Section 214.103. International Swimming Pool and Spa Code.
The CBOA unanimously approved a formal recommendation to adopt the proposed
ordinance with the proposed amendment at the June 13, 2022, meeting.
RECOMMENDATION:
Staff recommends (1) the Council open the public hearing and received citizen
comments, and (2) approval of the ordinance.
® Development Services Director ® Assistant City Manager
ASSOCIATED INFORMATION: Ordinance; Notes from March 7 & May 19, 2022,
ISPSC Code Meetings
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 8 PAGES
AGENDA ITEM NO. 6.A
Ordinance No.
Ordinance amending Chapter 22 Article X of Buildings and Building
Regulations to formally adopt the 2018 International Swimming Pool
and Spa Code, and making grammatical and semantic clarifications,
and providing for codification
WHEREAS, City Staff recommends moving forward with the 2018 International
Swimming Pool and Spa Code (ISPSC) with local amendments; and,
WHEREAS, the 2018 ISPSC is formally adopted by the State of Texas as codified
in Texas Local Government Code - Section 214.103. International Swimming Pool and
Spa Code; and,
WHEREAS, staff and members of the Construction Board of Adjustment and
Appeals (CBOA) have met with local pool contractors and stakeholders on March 7 and
May 19, 2022, to discuss possible adoption of the ISPSC; and,
WHEREAS, both City staff and the CBOA has formally recommended to the City
Council adoption of the 2018 ISPSC with local amendments; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The following amendments to Article X of Chapter 22 of the City's Code of
Ordinances, Buildings and Building Regulations, to formally adopt the 2018 International
Swimming Pool and Spa Code and existing local amendments.
ARTICLE X. SWIMMING POOLS*
Sec. 22-676. International Swimming Pool and Spa Code adopted by reference.
The International Swimming Pool and Spa Code (ISPSC) 2018 edition, published by the
International Code Council (ICC), is adopted by reference as though copied fully in this
section.
Sec. 22-677. Changes, Deletions and Amendments.
a. Where a pool is open to the public the following requirements apply in addition to
any ISPSC requirements:
i. Texas Administrative Code, Title 2,5 Chapter 265, Subchapter L and M;
ii. Texas Health and Safety Code Sections 341.064, 341.0645, and
341.0695.
b. Where a pool is owned, controlled, or maintained by the owner of a multi-unit rental
complex or by a property owners association the following requirements apply, in
PAGE 3 OF 8 PAGES
AGENDA ITEM NO. 6.A
addition to any ISPSC requirements:
i. Texas Health and Safety Code Chapter 757
c. Where a public pool is in operation, Carbon Monoxide Detectors shall be provided
in equipment rooms when fuel-fired equipment is housed inside the equipment
room.
Sec. 22-678. Fences required; specifications.
Every person in possession of land within the city, either as owner, purchaser under
contract, lessee, tenant or licensee, upon which is situated a swimming pool, shall at all
times maintain upon the lot or premises on which the swimming pool is located and
completely surrounding the swimming pool, lot or premises a fence, wall or other solid
structure designed to prevent small children from inadvertently wandering into the pool.
Such fence or other solid structure shall not be less than four feet in height, with no
openings therein, other than doors or gates, larger than six inches square. All such doors
opening directly into such enclosure shall be equipped with self-closing and self-latching
devices designed to keep and capable of keeping such doors or gates securely closed at
all times when not in actual use. Such latching device shall be attached to the upper
quarter of the gate or door. However, the door of any dwelling occupied by human beings
and forming any part of the enclosure need not be so equipped. It shall be unlawful to
maintain any swimming pool in the city which is not fenced in accordance with this section.
(1966 Code, sec. 7-1; 2001 Code, sec. 22-676)
Sec. 22-679. Compliance with plans.
All plans submitted to the city for swimming pools to be constructed shall show
compliance with the requirements of section 22-676, and the final inspection and approval
of all pools constructed shall be withheld until all requirements of section 22-676 shall
have been complied with by the owner, purchaser under contract, lessee, tenant or
licensee. (1966 Code, sec. 7-2; 2001 Code, sec. 22-677)
Secs. 22-680-22-699. Reserved.
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 19th day of July 2022.
PAGE 4 OF 8 PAGES
AGENDA ITEM NO. 6.A
MAYOR
ATTEST:
City Clerk
PAGE 5 OF 8 PAGES
AGENDA ITEM NO. 6.A
CBOA SUB-COMMITTEE NOTES
ISPSC CODE ADOPTION
March 7, 2022
PRESENT:
Tanner Wachsman •CBOA Member
Pam Hughes Pak •Atmos
Monty Priddy •Priddy Electric
JP Price •Priddy Electric
Jose Garcia •Garcia Const.
Terry Floyd,Development Services Director •City Staff
Wayne Smith, Chief Building Official •
Stephanie Taylor, Sanitarian, Health Department ♦
Christal Ashcraft,Development Services Assist. •
*The purpose of the Code Adoption Meetings are to discuss the new code and recommendations to the Construction Board of Adjustments(CBOA)
in the future.
I. 2021 INTERNATIONAL SWIMMING POOL & SPA CODE (ISPSC) ADOPTION
Mr. Wayne Smith gave a brief introduction and introduced staff and guests. Mr. Smith
advised the City of Wichita Falls had not previously adopted the 2018 ISPSC as the
state had and, therefore, there were no significant changes books to review and also
no current amendments in place.
Mr. Smith went through names of chapters and stated there were not many changes
from 2018 to 2021 code that he was recommending to adopt. Mr. Smith stated there
were many references back to other codes for electrical and plumbing.
II. Proposed Amendment(s)
• 324.8.2.3 Combustion Equipment Interior Equipment Storage
Mr. Smith advised there was one proposed amendment to the 2021 code under
Section 324.8.2.3, that stated, "Pool equipment stored in a storage area with a gas
fired heater will be required to have a carbon monoxide detector installed".
Mr. Smith and Ms. Stephanie Taylor discussed the changes the Department of Health
Services and the City Health Department were making. It was noted that if anyone
was to encounter a situation where there was a conflict between the Health
Department and what the ICC stated to contact Mr. Smith. He will be tracking those
conflicts along with any situations (as long as it was not a life or safety issue) that do
not fit with the City of Wichita Falls for future proposed amendments. It was also noted
the Health Department does not regulate residential pools and spas.
III. Next Meeting
April 14th, 2022, 1 p.m.
PAGE 6 OF 8 PAGES
AGENDA ITEM NO. 6.A
CBOA SUB-COMMITTEE NOTES
ISPSC CODE ADOPTION
May 19, 2022
PRESENT:
Cody Parks ♦Guest
Bill Byrd ♦Guest
Chris Scott ♦Guest
Rick Dixon ♦Guest
Syd Litteken ♦Guest
Terry Floyd,Development Services Director ♦City Staff
Wayne Smith, Chief Building Official ♦
Martin Wolfe,Plumbing Inspector ♦
Stephanie Taylor, Sanitarian, Health Department ♦
Christal Ashcraft,Development Services Assist. •
*The purpose of the Code Adoption Meetings is to discuss the new code and recommendations to the Construction Board of Adjustments(CBOA)
in the future.
IV. INTRODUCTION
Mr. Terry Floyd gave a brief introduction on the State adopted 2018 International Swimming
Pool & Spa Code. Mr. Floyd stated the City of Wichita Falls has no adopted ISPSC and the
State-adopted minimum is the 2018 ISPSC. Mr. Wayne Smith stated local amendments
could be provided. Mr. Floyd advised discussions on adopting the 2021 ISPSC were
started previously, but the Construction Board of Adjustments (CBOA) voted to cease
pursuit of the adoption of the 2021 ICC codes, except for the ISPSC, which is anticipated to
be considered for recommendation by the CBOA on June 13th
Introductions of staff were given and also guests present.
V. INTERNATIONAL SWIMMING POOL & SPA CODE (ISPSC) ANALYSIS
Mr. Smith advised that the City of Wichita Falls had not previously adopted any ISPSC as
the state had, and, therefore, there were no significant changes books to review and also
no current amendments in place.
Mr. Smith stated there were not a lot of changes from the State adopted 2018 ISPSC and
the 2021 ISPSC. Most if any were transcribed from 2018 version and there would be a risk
of being in conflict with State Health Codes with significant changes. Mr. Smith advised
amendments could be made, however, he noted anything in the ISPSC is superseded by
the State Health Department.
VI. PROPOSED AMENDMENT
• 324.8.2.3 Combustion Equipment Interior Equipment Storage
Mr. Smith advised there was one proposed amendment to the code that was requested by
the Health Department in Section 324.8.2.3. That section states that "Pool equipment
stored in a storage area with a gas fired heater will be required to have a carbon monoxide
detector installed". Ms. Taylor stated that unless the amendment is passed by City Council,
the Health Department could only recommend the installation of the carbon monoxide
detector; they could not require installation. Mr. Smith advised if adopted, this requirement
PAGE 7 OF 8 PAGES
AGENDA ITEM NO. 6.A
would only be for new construction and renovations. The City does not make current pools
install the detector, nor does the Building Inspections Department do retroactive
inspections on pools, unless it is a life or safety issue. Mr. Smith stated currently everything
goes through the Health Department.
A guest asked if front motors had to be GFI protected, and that some pools were over 50
years old, do they have to be GFI protected? Mr. Smith advised ISPSC stated if it was legal
at the time of installation then it was in compliance. State rules require updating on
commercial items. An inspection is required if new equipment is installed, but if a contractor
is changing a component such as a breaker, no inspection is required.
Mr. Smith stated staff had no issues adopting the 2018 ISPSC, however, the State in 2023,
may adopt the 2021 codes. At that time, the City may then consider adoption of the 2021
ISPSC. Mr. Smith advised there was not much change from the 2018 to the 2021 code, it
was mostly clarifying language, except for equipment rooms and what can be stored in
them.
A guest asked if pool installers had to be licensed. Mr. Smith stated anyone can install a
pool up to where it taps into the plumbing with no license. A guest asked about regulations
for marines and docks. Mr. Smith stated those fall under the County/State inspections.
Another question asked was regarding required fencing. Mr. Smith stated there are fencing
regulations in the 2021 ISPSC for pre-digs to have barriers in place to keep people from
falling in.
Mr. Smith asked if there were any concerns/questions/input. A guest asked why carbon
monoxide detectors were required if chlorine was not allowed to be stored in the same
area. Mr. Smith clarified, carbon monoxide detectors were only required if there were gas
fired equipment in the same storage area.
It was also noted the Health Department does not regulate residential pools and spas.
• Meeting Ended @ 10:47am.
PAGE 8 OF 8 PAGES
AGENDA ITEM NO. 6.A
CITY COUNCIL AGENDA
July 19, 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 directs the Construction Board of Appeals and
Adjustments (CBOA) to review and make a recommendation on the proposed
adoption of the 2017 NEC on or before July 12, 2022, for consideration by the City
Council on July 19, 2022.
• June 13, 2022 — CBOA meeting to consider review and action on recommendation
of adoption of 2017 NEC and associated amendments. CBOA requests staff hold
additional meetings with electrical contractors to discuss 2017 NEC adoption and
associated amendments.
• June 20, 2022 — Staff held a meeting with local contractors and CBOA members
to discuss the 2017 NEC adoption and associated amendments.
• June 22, 2022 - Staff held a meeting with local contractors and CBOA members to
discuss the 2017 NEC adoption and associated amendments.
• July 6, 2022 — CBOA conducts public hearing and makes a recommendation to
adopt of 2017 NEC and associated amendments with three additional board
member-initiated amendments.
• July 19, 2022 — City Council consideration of adoption of the 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
PAGE 1 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
that was established in the 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.
As directed by the Council at the June 7, 2022, meeting, the CBOA met to consider a
recommendation of adoption of the 2017 NEC with associated amendments on June 13,
2022. At that meeting, the Board directed staff to hold additional code adoption meetings
with local contractors. Staff held two meetings with local contractors and the CBOA on
June 20 and June 22, 2022. From that meeting, staff received the comments, all of which
were provided by one local home builder. No other comments related to potential code
amendments were provided by those in attendance and/or contractors in contact with
staff following the meeting.
The CBOA met on July 6, 2022, to again consider a recommendation of adoption of the
2017 NEC. The Board conducted a public hearing and voted to recommend adoption of
the 2017 NEC and associated amendments, along with three additional amendments
(see "Exhibit A") related to:
1. Amendment to language in 410.16 (c) (1) to allow for proximity measurements for
lighting luminaires relative to closet spacing.
2. Adding language to section 210.52 subsection 2, subsection 1, to add floor level
windows as an exception to wall space and other floor level interruptions.
3. Electrical plugs are not required in peninsula and island counter top space,
specifically on hard counter tops.
PAGE 2 OF 46 PAGES
AGENDA ITEM NO. 6.B
RECOMMENDATION:
Staff recommends approval of the ordinance including "Exhibit A".
® Director of Development Services ® Assistant City Manager
ASSOCIATED INFORMATION: Formal CBOA Proposed Amendment Language;
Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 3 OF 46 PAGES
AGENDA ITEM NO. 6.B
Exhibit A
Formal 2017 NEC Amendment Language as recommended by CBOA
Sec. 22-401. National Electrical Code
(a) Adoption.
The National Electrical Code, 2005 2017 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 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.
(b) Changes, deletions and amendments.
The following changes, deletions and amendments are made to the specified
sections in the 2017 edition of the National Electrical Code in section 22-
401(a). Where an adopted section of the 2017 National Electrical Code not
been changed, deleted, or amended by this ordinance, it is adopted as
worded in the 2017 National Electrical Code.
(1) 210.52(A)(2)(1): Any space 600 mm (2 ft) or more in width (including
space measured around corners) and unbroken along floor line by
doorways and similar openings, fire places, fireplaces, fixed cabinets
that do not have countertops or similar work surfaces, windows that
extend to the floor plate, and decorative or ornamental walls, as noted
on the plan set, such as stone, brick, marble, or other material as
determined by the Chief Building Official. In any event, a receptacle
shall be mounted as close as possible to a decorative wall.
(2) 210.52(C)(2) Island Countertop Spaces. A receptacle is not required
for Island Countertop Spaces. A small appliance wire shall be run to
the island and be enclosed in a box under the island for future use.
(3) 410.16(C)(3) 150 mm (6 in) for recessed incandescent installed in the
wall or ceiling. LED luminaires with a completely enclosed light source
may be installed without regard to distance.
PAGE 4 OF 46 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 discuss, 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 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 local amendments.
ARTICLE III. ELECTRICITY
DIVISION 1. GENERALLY
Sec. 22-56. Declaration of policy.
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 cxamincrs, and it is in the best interest of the
PAGE 5 OF 46 PAGES
AGENDA ITEM NO. 6.B
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.
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.
PAGE 6 OF 46 PAGES
AGENDA ITEM NO. 6.B
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,
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.
PAGE 7 OF 46 PAGES
AGENDA ITEM NO. 6.B
(b) The electrical inspector and assistants shall be appointed by the building and
code administrator Chief Building Official with the approval of the city managcr 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.
Sec. 22-115. Conflict of interest.
No person discharging the duties of electrical inspector under this article shall be an
PAGE 8 OF 46 PAGES
AGENDA ITEM NO. 6.B
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. 22 116. 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.
The Board of Electrical Examiners shall consist of scvcn mcmbcrs, who shall scrvc
without compcnsancsc mcmbcrs shall includc two master electricians, one
journcyman cicctrician, onc mcmbcr who is an cmploycc of thc local cicctric utility
company, onc mcmbcr who shall bc a rcprcscntativc of industry, onc mcmbcr who shall
PAGE 9 OF 46 PAGES
AGENDA ITEM NO. 6.B
the electrical 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
for tcrms of two ycars; howcvcr, no mcmbcr shall scrvc for morc than thrcc consccutivc
terms. Terms shall be staggered and shall end on July 31 . Members shall serve until thcir
cucccssors arc appointcd.
(b) Thc chairperson and vicc chairperson shall bc cicctcd by the members of
be replaced by the council.
Sec. 22-119. Supplies.
The city shall provide the Board of Electrical Examiners with proper books of record,
blank forms, stati crry; .i ppliec proper and adeq late fnr the condi ct of its b iciness
Sec. 22-150. Quorum.
Any four of the seven members of the board of electrical examiners shaeen-titutc
numbcr is spccifically rcquircd by othcr scctions of this articic.
Sec. 22-151. Rules, policies.
(a) Thc Board of Elcctrical Examincrs is dircctcd to adopt such policics and
promulgatc such rulcs and rcgulations, not inconsistcnt with this articic and thc Chartcr
and thc city cicctrical codc, as it may find n000ccary to expedite the enforcement and
administration of such dutics as arc in this articic dcicgatcd to thc board. All policies,
rulcs and rcgulations which shall bc adoptcd by thc board shall bc rcduccd 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 rulcs and rcgula4eRs.
Sec. 22 152. Recommendation for improvement of electrical code.
Thc Board of Elcctrical Examincrs is dircctcd to submit to thc city council its writtcn
adopted in this article.
Sec. 22-153. Powers and duties.
The electrical inspector shall act as the secrctary of the Board of Electrical
Examiners with the power and duty to:
(1) Kccp and maintain a full rccord of all procccdings of thc board.
(2) Administcr oaths in hcarings hcld bcforc thc board conccrning thc granting,
article.
(3) Ccrtify all official acts of thc board.
('1) I sue ci bpoenac fnr attendance of wi ccec and produs
r-�--r�a�caau�vcr�-rvrcrcc ca-��-rcr
PAGE 10 OF 46 PAGES
AGENDA ITEM NO. 6.B
and papers at all hcarings bcforc thc board conccrning thc granting, dcnying,
si ispension or revocation of a registration req jested or issi ied p irsi cant to this
article.
(5) To the extent requcsted by the board, assist the board in keeping all forms
up to date 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 socks to perform cicctrical work in thc city shall rcgistcr his statc license
with thc Building and Codc Administration Division prior to work bcing donc.
(b) Upon rcgistration of a statc liccnsc, an cicctrical contractor may perform
electrical work in the city, provided such work is within thc scopc of his statc license and
city ordinanccs.
Sec. 22 155. Interpretation of electrical code.
(a) When a proper appeal has been made in accordance with section 22 '103,
thc Board of Elcctrical Examincrs is authorizcd, cmpowcrcd and dircctcd to intcrprct any
word, clausc, scntcncc, paragraph or othcr provision containcd in thc city cicctrical codc.
When a question arising by appeal is acted upon by the board, such action shall bc by a
majority vote of the board hcaring thc appeal, and the board's decision in cach case shall
be reduced to writing and filcd in thc office of thc cicctrical inspcctor.
()Eachddecis�Tendeer by hoard in accordance wit-la-s-ubbss n (a) of
this scction shall bc final, subjcct, however, to such remedy as any aggricvcd party might
have at law or in cquity.
(c) Any dccision rcndcrcd by thc board in accordancc with this scction may bc
modified or revoked when the board finds that facts and circumstances warrant such
action. Any dccision madc undcr this-subscction which substantially changcs, modifies,
or revokes a prior decision of the board made under this section shall not bccomc
effective until tcn days aftcr thc dccision of thc board has been filcd in thc office of tho
cicctrical incpcctor, unlc-s specifically ordered to the contrary by thc board.
(d) This scction shall ncvcr by construcd as granting any legislative powcr to tho
board, such power bcing cxclusivcly in the city council.
(e) A copy of any decision of the board rcndcrcd undcr this scction shall bc
mailcd to every rcgistcrcd mastcr cicctrician or industrial cicctrician within thc city
affcctcd by such dccision and to any othcr person dcsignatcd by the board to rcccivc thc
decision.
Sec. 22 156. Procedure for conduct of hearings.
\Won a p blic hearing is ai ithorized or regi aired to be hold by the Board of Electrical
Examincrs, thc following procedures shall be followed:
(1) A record of thc entire procccdings shall be made by tape recording or by any
othcr means of permancnt rccording determined to bc appropriate by thc board.
(2) In addi+�,.,n +,., record of proce ing made by hoard any n n
t� tFt�rrttr cra-vr c �u�c-�� , P e��
app aring before the board may, at his expense, have the proceeding rccordcd by
PAGE 11 OF 46 PAGES
AGENDA ITEM NO. 6.B
a duly ccrtificd court rcportcr. Whcn a court reporter is employed, the person
employing thc rcportcr shall furnish a transcript of thc h oring as produccd by the
rcportcr to thc board at-Re Gest to thc board.
(3) Thc board may grant a continuancc of a hcaring for good cause 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 hoard
(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 (Name)
ADDRESS
"You arc hcrcby notificd that a hcaring will bc hcld bcforc thc City
ofof Wiichitaa Falls Board of Elec lE am-i-n-ers at oo-rni the
day of , 20 at the hour of o'clock .m.
Thc subjcct mattcr of thc hcaring is as follows:
You may bc prcscnt at thc hcaring and may rcprcscnt yoursclf or
bc rcprcscntcd by lcgal counscl of your choicc.
You 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 othcr mattcrs by filing a writtcn rcqucst 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 hcaring bcforc thc board. It shall, howcvcr, bc thc obligation of thc
rcqucsting party to furnish to thc sccrctary of the board all necessary information
for thc proper issuancc 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 fairness.
(8) Thc sccrctary of thc board shall not issuc any subpocna whcn thc
requesting party fails to providc thc necessary information to thc sccrctary for its
issuance.
(9) Thc right to cross cxamination shall bc allowed to all partics to a hcaring
hcld bcforc thc board.
PAGE 12 OF 46 PAGES
AGENDA ITEM NO. 6.B
(10) Thc right to bc rcprcscntcd by lcgal counsel shall be extended to all parties
to a hcaring bcforc thc board.
(11) Thc right to call a witncss on his bchalf shall bc cxtcndcd to all partics to a
hcaring bcforc this board.
(12) In cvcry casc whcrc thc subjcct matter of the hearing before the board is
the suspension or revocation of the registration of any statc liccnscc, thc burdcn of
proof shall bc upon thc person commcncing such action.
(13) During a hcaring held before the board, any member of the board shall
have the right to direct any question to cithcr party to such hcaring.
(1/I) Oral cvidcncc shall bc takcn only on oath or affirmation of thc witncs
offering such evidence.
(15) Any rcicvant cvidcncc may bc admittcd if it is thc type of cvidcncc on which
rcsponsiblc persons arc accustomcd to rcly in thc conduct of scrious affairs,
rcgardlcc of thc cxistcncc of any common law or statutory rulc which might makc
improper thc admission of such cvidcncc ovcr objcction in civil actions in courts of
compctcnt jurisdiction in this statc.
(16) Thc board shall havc in mind that it is conducting an administrativc hcaring
and consistent with this section may adopt any ri Iles necessary to cond ict si ich
0 0
hcaring hcld bcforc it.
(17) The board shall render its decision in writing within fivc days of the
conclusion of any hcaring held bcforc it.
Subdivision -V III. Permits
Sec. 22-146 146. 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:
(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.
PAGE 13 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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.
(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
PAGE 14 OF 46 PAGES
AGENDA ITEM NO. 6.B
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. 22-1-88148. Classification.
The following types of permits for electrical work may be issued by the c,ectrical
inspcctor Chief Building Official:
(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.
PAGE 15 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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. 22484 149. Applications.
Application forms for any type of electrical permit authorized by section 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 aectrical 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—Chief
Building Official board of electrical examiner:).
(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
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
PAGE 16 OF 46 PAGES
AGENDA ITEM NO. 6.B
reduced in coverage. This defect may be cured by compliance with the terms of
section 22-349.
Sec. 22490150. Plans and specifications required.
(a) Two sets of electrical plans and specifications may be required by the clectrical
inspcctor 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 clectrical 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
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
PAGE 17 OF 46 PAGES
AGENDA ITEM NO. 6.B
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. 22494- 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 c,ectrical 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. 22-4-92 152. Temporary installations.
(a) The cicctrical inspcctor 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
PAGE 18 OF 46 PAGES
AGENDA ITEM NO. 6.B
shall prove to the clectrical inspector 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. 22494 154. 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. 22495 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
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
PAGE 19 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
homeowner.
(4) The type of inspection requested, which shall be as follows:
E 1 Construction tap
PAGE 20 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
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
PAGE 21 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
or outdoor lighting, and the utility has been made aware of such fact by the
electrical inspector.
PAGE 22 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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
Subdivision I. In General
PAGE 23 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
as the city contact during such period of absence.
(4) At any time the designated master electrician's registration is
PAGE 24 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 cxaminersChief Building Official 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.
Sec. 22-349. Fee and insurance requirements.
PAGE 25 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
shall 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 clectrical 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 cicctrical
inspector 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 clectrical
inspcctor 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
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.
PAGE 26 OF 46 PAGES
AGENDA ITEM NO. 6.B
Sec. 22-351. Business address.
(a) Every master electrician and industrial electrician shall file with the aectrical
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 aectrical 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 aectrical inspector 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.
(a) The holder of a journeyman electrician registration shall notify the aectrical
inspector 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
PAGE 27 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 cicctrical inspcctor 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 cicctrical inspcctor 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 c,ectrical inspector 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
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.
PAGE 28 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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.
(a) Tho Board of c aI . minors icy au rized r try of ispend (for a
�,�--r��T ect�+c T -�T�a �e+t eT���a
period of time not to exceed one year) or revoke the registration of any statc licensee for
proper causc as set forth in section 22 360.
(b) Thc board shall follow thc following proccdurcs in exercising thc powers set
forth in subsection (a-) of-this section:
(1) Whcn thc board is to dctcrminc whcthcr or not an electrician's
rcgistration is to be suspended or rcvokcd, thc board shall procccd upon a
sworn affidavit of thc cicctrical inspcctor or upon thc 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 suspend or rcvokc thc
registration in question, together with sufficient facts in supportt'hcrcof.
(2) When the eleG inspector aggrie� p rson seeks to
commcncc action to suspend or rcvokc the rcgistration of an cicctrician, he
shall prcparc thc required affidavit in writing and shall filc thc original and
n,ith t e eleG�pector, ,n shaI-all ote the date--and-ticime of
filing of ci ich affidavit and chall forward a cony to the chairpercon of the
board and to thc cicctrician who is thc subject of thc allegations. Thc
eleG�pect9� 1 retai f the affidavi #ilex Tho
f" Iw�TTRQ'LrOT TfG7�l1T
cicctrical inspector shall forward the 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 day., from the
datc of rcccipt of such affidavit to filc a sworn responsc to thc charges set
forth in the affidavit. Thc cicctrician in question shall filc thc responsc and
two copics with the secretary 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 directed. The cicctrical inspector shall rctain thc
original response in his office.
(11) Thc chairperson of the 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 member of thc board has been notificd of thc affidavit of complaint,
PAGE 29 OF 46 PAGES
AGENDA ITEM NO. 6.B
the hoard shall moot at a regi filar mooting or a special mooting called hey 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
cuspcndcd 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 hey certified moil reti irn receipt req jested at least ten days
o
prior to thc datc of thc hcaring sct by thc board.
(5) Thc board shall thcrcaftcr mcct at thc timc and placc sct forth in it&
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 scrvcd upon the
electrician in q iestion hey certified moil reti irn receipt req jested and shall
o
filc a copy of its order with the electrical inspector.
(7) Whcn thc chairperson of thc board has rcccivcd thc affidavit of
complaint which, in thc unanimous opinion of thc board, scts 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
temporary order of suspension.
(8) Whcn an cicctrician has had his rcgistration suspcndcd by ordcr of
thc board, he 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
automatically bc rcinstatcd or rcncwcd in accordancc with this articic, and
he may oncc again undcrtakc cicctrical work within thc city.
(9) Whcn an cicctrician has had his rcgistration rcvokcd by ordcr of thc
board, he shall not be cligiblc to undcrtakc any cicctrical work within thc city
i intil si ich time as he has si iccessfi illy q ialified fora new registration as
provided in this article. Any electrician whose registration has bccn rcvokcd
shall rt�gi e to pply Te r Jura} n f pperiod of one year
from the datc of the ordcr of the board rcvoking samc.
Sec. 22-360. Grounds for suspension or revocation.
(a) One or more of the following shall constitute cause for suspension or
revocation for an y class of electrical registration issi ied b y the Board of Electrical
Examincrs:
PAGE 30 OF 46 PAGES
AGENDA ITEM NO. 6.B
(1) The failure or rcfusal by an electrician, after due notice from the
eleG�spector t Tect any electrical work fo ind tobbe i a' n of
this articic or thc cicctrical codc.
(2) Thc furnishing of fa1sc or incorrcct information in any application
submitted to the board for licensing under the board's powers.
(3\ Knowingly r allowing wiring to he coverer) or concealer) from
C �vu�c��crca-vrcvrrccurca�-rvrrr
sight prior to inspcction by thc cicctrical inspcctor.
(11) Thc rcfusal to uncovcr or makc availablc for inspcction by the
cicctrical inspcctor any cicctrical wiring or work inadvcrtcntly covcrcd or
conccalcd by thc cicctrician.
(5) A final conviction in a court of law of any violati-e-n-ef-t-h+s articic or thc
cicctrical code.
(6) A pica of nolo contcndcrc cntcrcd by any cicctrician licensed by thc
state to any complaint or charge against him in which hc is charged with a
viola#ae ^f articic or thc cicctrical codc and upon which thc court has
cntcrcd a judgmcnt of conviction against thc cicctrician.
(7) Thc habitual viola of this articic or thc cicctrical codc. Thc term
"habitual violation" shall mcan thrcc or morc scparatc violations of a similar
or idcntical naturc occurring at scparatc job sites within any 12 month
period, cxccpt minor violations of subdivision II of division 11 of this articic.
(8) Any violation of this articic or thc cicctrical code, which violation is a
clear and present clanger to life or property
(9) Thc failurc of any registered mastcr cicctrician or industrial cicctrician
t� main n arl peryision over all iourneyn an and others registered
c�--n�uirrt�Irracre�C�te�Fcivr.�rvrrv-� i�-ern--crr�rvcr-r�Tsrc9rzccrccr
undcr this articic, working dircctly undcr or for him on any projcct or job for
which a permit has bccn secured by thc mastcr cicctrician or industrial
clectrician. The term "adequate supervision," for thc purpose of this
cru-bccction, shall m n that thc mastcr cicctrician or industrial cicctrician
chall maintain such contact with a job or projcct for which hc has obtaincd a
permit as necessary to ensure that those electricians under his control and
direction arc complying and have complicd with all applicable sections of
this articic and provisions of thc cicctrical codc.
(b) It shall be a ground for suspension or rcvocation of a registration issued to a
,
cicctrician if thc board of cicctrical cxamincrs finds by a prcpondcrancc of cvidcncc that
such cicctrician has 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
PAGE 31 OF 46 PAGES
AGENDA ITEM NO. 6.B
issucd othcr than thosc cicctrician rcgistcrcd by thc board undcr his dircct cmploymcnt
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 thc
permit is obtained.
(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 suspension of a registration issucd by thc Board of
Electrical Examiners if a holder of a registration required to furnish a certificate 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
cicctrical cxamincrs if an applicant for rcncwal of such rcgistration 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 be a ground for suspension or revocation of a registration issucd to a
such cicctrical work is not undcr thc supervision of a mastcr cicctrician or industrial
clectrician.
(g) It shall bc a ground for suspcnsion, only of a rcgistration issucd to a mastcr
tcicphonc numbcr and address on file with the electrical inspector
(h) It shall bc a ground for rcvocation of a rcgistration issucd to any class of
rcgistration has bccn suspcndcd by thc board.
(i) It shall bc a ground for suspension or rcvocation of a registration for any
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.
//innall be a ground for si ispensnsi Tevocati nn o Tegistr ttion issue tom'
undertaken under the terms of the registration hcld by such cicctrician.
(k) It shall he a groi ind for si ispension or r ocation of a regis to
Tn7--iron a�crrlr�T-r-vrT2�urcccrncrr-vrzrrcgr.�t�tfA�FS�{� cv
any mastcr cicctrician or industrial cicctrician to allow any person to perform cicctrical
PAGE 32 OF 46 PAGES
AGENDA ITEM NO. 6.B
work on a job sitc for which thc cicctrician has sccurcd a permit whcn such person is not
authorizcd by this articic to perform such cicctrical work.
Sec. 22 361. Appeal of revocation or s-uspension.
(a) Any person whosc rcgistration has bccn rcvokcd or suspcndcd by action of
thc Board of Elcctrical Examincrs or any applicant for any clad of rcgistration who fools
that he has bccn aggricvcd by the action of the board bccausc of any allcgcd arbitrary or
capricious action of the board, may app al this dccision to the city council within ton days
aftcr the writtcn dccision of the board has bccn filcd in the officc of the sccrctary of the
board and a copy has bccn scrvcd on the rcgistrant. The filing of the noticc of appcal by
the registrant whose registration has bccn suspcndcd or rcvokcd shall operatc to stay thc
suspcnsion or rcvocation ordcr until the city council renders its decision.
(b) The sccrctary of the board shall notify the city managcr upon rcccipt of
writtcn noticc of appcal filcd in accordancc with this scction. The city managcr shall, upon
such noticc, placc the app I on the ncxt convcnicnt city council agcnda in accordanco
with this Codc. The city council may affirm, modify or vacatc any finding of the board of
cicctrical cxamincrs or cntcr any ordcr which it may doom ncccssary. On cntry of such
ordcr, the board shall within a rcasonablc timc comply with such ordcr, not to cxcccd /15
days from the cxccution of such ordcr by the city council.
Sec. 22-3-62 359. 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, 2005 20` 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, i05 2017 edition, shall be
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.
PAGE 33 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 sccrctary 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
determine in any such case whether or not a true emergency exists, and its
decision in this regard shall be final.
PAGE 34 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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
undertaken and such plans are found to conform to this article.
PAGE 35 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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.
(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
PAGE 36 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 clectrical inspector 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,
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
PAGE 37 OF 46 PAGES
AGENDA ITEM NO. 6.B
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.
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
PAGE 38 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
concrete slab.
PAGE 39 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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
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
PAGE 40 OF 46 PAGES
AGENDA ITEM NO. 6.B
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
installations moved outside shall conform to this article.
PAGE 41 OF 46 PAGES
AGENDA ITEM NO. 6.B
(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.
Sec. 22-446. Building remodeling and additions.
PAGE 42 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 clectrical 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
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
PAGE 43 OF 46 PAGES
AGENDA ITEM NO. 6.B
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.
(a) Approved equipment. All electrical equipment, including materials,
apparatuses, fixtures and appliances used on electrical installations, shall conform to
PAGE 44 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 45 OF 46 PAGES
AGENDA ITEM NO. 6.B
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 19th day of July 2022.
MAYOR
ATTEST:
City Clerk
PAGE 46 OF 46 PAGES
AGENDA ITEM NO. 6.B
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Ordinance authorizing the City Manager to approve a request from
Lloyd Taylor to vacate and abandon a portion of Kenley Avenue
consisting of approximately 0.15 acres running North and South
along Central Freeway.
INITIATING DEPT: Property Management
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods
COMMENTARY: Lloyd Taylor, property owner of 1437 Central Freeway, has applied
for the closure, abandonment, and vacation of 0.15 acres of an unimproved public street
right-of-way (ROW) on Kenley Avenue located adjacent to his property as indicated and
depicted per the attached Exhibit A and Property Location Map. This request is for the
purpose of development opportunities.
In accordance with City policy on street, easement, and alley closures, the "fair market
value" of the 0.15 acres as determined by an independent certified appraiser to be
$13,068.00, which has been submitted to the Property Management office where it is in
suspense pending the approval of this ordinance. An additional check in the amount of
$475.00 was also submitted and has been deposited to pay for the cost of the appraisal.
Notifications were sent to all utility companies and affected City departments, and all have
responded with approval of the requested partial vacation.
The staff recommends approval of the ordinance.
® Asst. City Manager ® Property Administrator
ASSOCIATED INFORMATION: Ordinance, Exhibit A, Property Location Map
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 6.0
Ordinance No.
Ordinance authorizing the City Manager to approve a request from
Lloyd Taylor to vacate and abandon a portion of a public street
consisting of approximately 0.15 acres running North and South along
Central Freeway
WHEREAS, Lloyd Taylor of 1437 Central Freeway has requested the closure,
abandonment, and vacation of a portion of a public street consisting of approximately
0.15 acres; and
WHEREAS, all affected utility companies and City departments have reviewed this
request and have recommended approval to close, abandon, and vacate a portion of said
public street; and
WHEREAS, it has been determined to be in the best public interest to close,
abandon, and vacate a portion of said public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council hereby authorizes the abandonment and elects to sell the public
street consisting of 0.15 acres known as Kenley Ave. shown on the attached Exhibit A
and Property Location Map for $13,068.00 to Lloyd Taylor to promote development
opportunities and enhance the area, and determines this is in the best interest of the
public.
PASSED AND APPROVED this the 19th day of July, 2022
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 6.0
EXHIBIT A
i
E . SCURRY SURVEY A - 481
LLOYD J. TAYLOR III
REVOCABLE LIVING TRUST
SE1 , EAST sEr sGIKE aaAIL DOCUMENT #20217419
4O_0O' O. P. R. W. C.
0.15
\ u cr
ACRE
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:, L.) -LACE OF + . "�q„
BEGINNING
rt SAI— F IVA1 LLC
,:7 � VOL- 3V7 1, PG, 277
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,.J PAGE 1 OF 2
PA : `., OF BEARING IS THE NOR11-1 LINE OF THE E. WALE' 1'- 5°'
. .,,c42< vi xo SCURRY SURVEY BEING: EAST/WEST scale: r - 50'
_
VACATION OF 015 ACRE OF KENLEY AVENUE,
Y. THE ABOVE DESCRIBED TRACT WAS
Q PREPARED JUN 9TH, 2022 AND THE DIMENSIONS E. SCURRY SURVEY, A-481
E. SHOWN APE HEREBY CERTIFIED TO BE TRUE AND
CORRECT.
ki
E WICITi', -'' I-S. WIICHITA COUNTY, TEXAS
100.---- 77,)4--- /' I .,:.Y FOR: LLOYD TAYLOR
DEVIN G. SMITH c[.1I .I..E` -1'.PROBS'I'Zit BOYD. I',LLC..
i REGISTERED PROFESSIONAL L LAND SURVEYOR NO, 5849 i ENGINEERS ek SURVEYORS •l& OLD.ACK 1WRC}Er..c]T•IWAY
T9+PLS-10054t-00 TR#PE F-279 FFL(9417 723-1455.FAX 194U;3974)549 WICF{rTA FALL ti, IF]{AS, Jei I2.
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 6.0
FIELD NOTES
FIELD, NOTES OF A 015 ACRE TRACT OF LAND OUT OF ICENLEY AVENUE IN THE E.
SCURRY SURVEY. A-481, WICHITA FALLS, WICHITA COUNTY, TExAS, AND MORE
PARTICULARLY DESCRIBED BY METES AND l30UNDS AS FOLLOWS:
BEGINNING of an Iran rod lounc in the East line of Kenley Avenue at the most Southerly
EcJthwest corner of o tract nI 'ord Gor•,+eyred to Lloyd J. Taylor III Revocable Living Trust
by deed recorded in Racurnen q'[ 1;'�1'1, Official Public Reco-ds of Wichita County, for the
Southeast corner of this tract,
THENCE West a distance of 40 Ct;; 'cct to
^ iron rod set in the West line of Kn*,I,yp
Avenue and the Ecst line of 'n :t ,C ;onve'L+ed to -MC North Texas LLC dead
recorded n DoCurnent 201912194, Official ublcc Records a' WiGh-ta County. fa,- !ha
Southwest Corner of to s tract;
THENCE North, wr-th the West line of Kenity Avenue and the East line of said FIJO North
Texas LLC tract, a distance of 16601 feet to or iron rod set in the South line of said
Lloyd J. Tayio° I. Kevoca'tIv Lying Trust tract of the the NorthenSt Corner of Said FMG
North Texas LLC Iroct, for the \6"hwrst corner of this tract;
TH:FNCF East. with the North 'He o{ said Keeley Avenue pod the South line of said Lloyd J.
Tap4or all RevOCo9le Living Trust tract„ o distance of 40-CO feet to a spike nail set at tho
Nortneost corner of so`d Ken ey kvenJc and an ell corner of said Lloyd J. Tayla' Ill
Revocable Living Trust tract. fir the Norilr•ast corner of this tract;
THENCE South. with the East line of sad .enley Aven_.e pod the West line of said Lloyd .1.
Taylor Hi Revocable Living Trust trout, n distance of 15E..01 PLACE of HEGIHNING end
ontatning 0.15 acre of fond.
f
.........................
nF:v'lti c; -iM1T!i
•
#..C]t..F ;sSuO, ;x1 ;
PAGE 2 O: 2
BASIS OF BEARING NS -HE NOR!F1 LINE OF
WO/122-0170 SCURRY SURVEY EEING: FAS-iWFST {,role. 1
la I `lACATIN OF 0,15 ACRE OF KENI.EY AVENUE,
1HE tHOVF. DESTRIDED -RACT WAS
PREPARED JUNE 9TH. 2022 AND TH7 CIP ENiSIONS E. SCURRY SURVEY, A-4B,'
SHOWN ARE HEREBY CERTIFIED TO EE TRUE AND
CORRECT,
,'.1 H FALLS, WC-- COUN I XAS
.R\ih.V FDR: —.. TA..YI .
DEl`i i c SUITE- CORLETT, PROBST e 1 OYD. P,LL,C,
RECISTEREJ PROFESS'ONAL LAND SURVEYOR NO. ".':- FNICJINUFR.SA 5CIRVt.YOBS UAL,01J?f.4L:KSltOR(tIIICIF[WAY
r rents-1ck:4'-00 T9PE' F t,: w][.iy4ii:!r;t 145%,I,\N;94-51495-it.t Wir.'1ET1A FA!,l,,',TEXAS, Ffd..1)..
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 6.0
PROPERTY
LOCATION MAP
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PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 6.0
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Ordinance appointing a Municipal Judge for a term of two years to
begin on August 1, 2022.
INITIATING DEPT: Legal
STRATEGIC GOAL: N/A
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The current Municipal Court Judge, Larry Gillen, is retiring on July
31, 2022. Section 30.00006 of the TEXAS GOVERNMENT CODE authorizes the
appointment of a qualified person to serve as Municipal Judge. State law requires that
the governing body shall provide by ordinance for the term of office of its municipal
judge. The tenure must be for a definite term of two or four years.
® City Attorney
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 6.D
Ordinance No.
Ordinance appointing a Municipal Judge for a term of two years to
begin on August 1, 2022
WHEREAS, Texas Government Code § 30.00006(a) — (d) provides:
(a) A municipal court of record is presided over by one or more municipal
judges.
(b) The governing body shall by ordinance appoint its municipal judges.
(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; and
(4) have two or more years of experience in the practice of law in this
state.
(d) The governing body shall provide by ordinance for the term of office of its
municipal judges the term must be for a definite term of two or four years;
and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The City Council hereby appoints as Wichita Falls
Municipal Judge for a term of two years, beginning August 1, 2022.
2. The base salary of the Municipal Judge is established at a rate of $135,000
per year. The Municipal Judge shall be additionally entitled to the benefits as generally
provided to other city employees.
PASSED AND APPROVED this the 19th day of July, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 6.D
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Public Hearing to receive citizen comments concerning Redistricting
of City Council Districts
INITIATING DEPT: City Clerk
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY:
This public hearing is an opportunity to receive feedback from the public prior to the
adoption of the Redistricting Plan on August 2, 2022. According to the 2020 United States
Census data, the City's Council Districts are not of equal population and must be redrawn
to comply with the "one-person one-vote" principle, Voting Rights Act, and applicable
federal and state law. On December 7, 2021, the City Council approved Resolution 151-
2021 initiating the process of Redistricting City Council Districts, established criteria for
Redistricting, and appointed an Advisory Committee.
The initial assessment of the 2020 Census data showed a total maximum population
deviation in excess of 10% requiring the City to redraw Council District boundaries. The
Advisory Committee met with Bob Bass, Allison, Bass, & Magee, L.L.P., on March 21,
2022, and reviewed the initial demographic assessment and proposed plan presented
today.
The City's consultant will provide a presentation at the meeting outlining the proposed
changes to the council district boundaries. No action is required; consideration by the
City Council will be on August 2, 2022.
Recommendation:
Open the public hearing to receive citizen comments. No action is required.
® City Clerk
ASSOCIATED INFORMATION: Proposed redistricting plan and map.
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.
71-1- ..
Texxs
2022 Proposed Redistricting Plan
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PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.
7f&+2022 Proposed Fan 2020 census Data
City of Wichita Falls:Texas
islo.l last Mill...
P:l. r*F ffn lasir B ,.a.i
Precinct` =;248 20463 -215 -1.05%
Preccoct 2 20394 20463 -69 -0.34%
Preckuct 3 2(1286 20463 -177 -0.87`,.0
Precinct. 2(r945 20463 482 2.35%
Precinct 2(1443 20463 -10 -0.10%
Total 102316 102316
let :'..-.-.:;LnyL.ve-.-L..ii.:•! - - -
[]M1eA.vl Mitt-7a.eY
4uL'.• 9.1u6 Am.9o. . . FriT.:a,. flan'Nr L/. Chia Null. .',
Pil.dna 1 1.2702 1104 190 579 464E 11 62 947 _._ 19.79%
Precinct 2 7059 -5 6 169 129 7431 5 33 952 2339= 19.93%
Precinct 13050 1S 103 535 3671 22 146 276 .0216 1993%
Peetsd4 13957 172. ill 698 3.72 30 85 1103 30943 26.47%
Redact 10950 ;s&: 14E 464 4139 36 53 1035 X,143 1490%
Tatai 57750 .J.=. 737 2464 23 591 124 404 4913 102316 :00.0%
1.cff awry 56=1% !2.3:'= 0.72% 2.41% 22.63% 0.12% 040% 4.70% 100.0e>
Ethel::,:
Precinct ._-A=: 5.451'. 094% _2:'`. 2296'ro :.:. 031% 4.30% 100.ce,
r or_ct2 =='l:, 22.4'= 0.83% :...: - 3660% 9.D2% 0.31% 4.10% 100.03":
Ptemncr: . 9.21:. 051'. _.. - 1110% 0.11% 0 Tr.. 4.32% 102',_.
Precinct :0};'. 3 C,6]'= 3.3:"_ 15 33'. I1', o_1' ._ : !C.:: :
m m
24
Ptebncr 1 10632 n2: 152 4193 30 7) 3 .. -f_-. 19.6E%
Precinct 5976 32:: 133 13 493E 3 123 14675 1893"6
Precinct 19470 1513 95 436 2541 13 525 33 15669 2021%
Precinct 11304 1213 94 531 1985 23 63 94 15329 19.77%
Precincts 939D 311! 111 397 3352 49 32 150 16552. 21-40%
TatiC 45172 9961 3716 21107 15336 46 306 514 77523 103%
'1afCaurn' 62.14% !2.05': 072% 2.59% 20.49% an-. 034% OA7%% 1W°.
1inr:Ae%
Redact 59.79% 5.41% 1.00% 3.0': 2D,i2'. 3..7- 026% 0.43% 100.00%
Precinct 2 40.71% 22.48% 0.91'.a 1.1:'_ 33&'% .,_- 029% 0.841:i, 100.0 2%
9tdnct3 6937% 9.65% 055'. 2.79''. 1612'. 2.DB'. 0.82% 0.53% 103.90'.
Precinct 4 73.14% 7.91% 0.61% 359': 1195% 0.154 0. a 0.51". 1CI3.02%
Precinct 5 5659% 18,7-7i. 067'. 2.39 2D.03'. 0.30'. 019% 090'. ICJ.OY'>
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 7.
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Public Hearing to receive citizen comments concerning the proposed
Substantial Amendment to the 2019 Community Development Block
Grant (CDBG) Annual Action Plan to reallocate $600,305 and
continue certain previous programmed funding through the CDGB —
Coronavirus program
INITIATING DEPT: Development Services / Neighborhood Resources
STRATEGIC GOAL: Accelerate Economic Growth and Actively Engage & Inform the
Public
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods and
Strengthen Supportive Partnerships with the Non-For-Profit Community
COMMENTARY: During 2020 Congress passed the CARES Act authorizing the City
of Wichita Falls to receive funding through the Community Development Block Grant
(CDBG) — Coronavirus program to prevent, prepare for, and respond to the COVID-19
threat. The U.S. Department of Housing and Urban Development rolled this funding out
in waves and allowed each entity to amend its 2019 Action Plan once per year. Last year
the City amended the PY 2019 Action Plan and received an additional $594,749, for a
total allotment of$1,328,013 in CARES Act funding. This subsequent year's amendment
will allow the City to access the second round of funding available to the City in the amount
of$594,749 for use in the upcoming FY 2023 fiscal year.
Certain programs like the Arts Council cancelled funding, and funding was reduced to
Catholic Charities and Salvation Army who will continue to draw down their allotment, but
were struggling to expend remaining funds.
A public hearing is required due to the substantial amendment to the 2019 Annual Action
plan.
The City Council Subcommittee on Outside Agencies (Brewer, Browning, Nelson), who
met with agency representatives on May 26, 2022, propose to use CDBG-CV entitlement
funding in the amounts as follows:
CDBG-CV: City Departments
Grant Administration / Operational & administrative costs for CDBG $118,949.80
Program (Continued from previous year)
Emergency Repair Program / Immediate-need home repair for low- $67,504.95
income homeowners
Parks— Rehabilitation of Bridwell, Morningside, and Tenth Street Pocket $357,800.00
Park
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 7.B
Transportation — Bus Shelter Rehabilitation and Construction $175,000.00
Council will consider a formal Resolution to adopt the amended plan that will appropriate
the funds at the August 2, 2022, meeting.
RECOMMENDATION:
Staff recommends the City Council open the public hearing to receive citizen comments.
No action is required.
® Director of Development Services
® Assistant City Manager
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Public Hearing to receive citizen comments concerning the proposed
Substantial Amendment to the 2021 Community Development Block
Grant (CDBG) Annual Action Plan and the Draft HOME-American
Rescue Plan (HOME-ARP) Allocation Plan to allocate $1,572,080 in
funding.
INITIATING DEPT: Development Services / Neighborhood Resources
STRATEGIC GOAL: Accelerate Economic Growth and Actively Engage & Inform the
Public
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods and
Strengthen Supportive Partnerships with the Non-For-Profit Community
COMMENTARY: In 2021, Congress passed the American Rescue Plan Act
authorizing the City of Wichita Falls to receive a special allocation of funding through the
HOME Investment Partnership—American Rescue Plan (HOME-ARP) program to reduce
homelessness and increase housing stability. The U.S. Department of Housing and
Urban Development (HUD) required each entity to develop an allocation plan specifically
for the HOME-ARP Program and allowed each entity to amend its 2021 Action Plan once
per year. This HOME-ARP Allocation Plan must be approved and accepted by the City
and HUD and included in the 2021 Annual Action Plan with an amendment.
After extensive research into the regulations, City staff concluded that among the
activities the City could potentially undertake with this funding, only the non-congregate
shelter acquisition and rehabilitation program activity would produce a lasting community-
wide effect. As such, staff reached out to non-profits in the area to solicit input and
applications from sub-recipients. Two applications were received from not for profit
entities. After an analysis of their organizational finances, stability, and ability to carry out
activities within required time frames, it was determined that only one organization had
the ability to carry out the activity at this time.
A public hearing is required due to the substantial amendment to the 2021 Annual Action
Plan and as part of the process of adopting the Draft HOME-ARP Allocation Plan.
The City Council Subcommittee on Outside Agencies (Brewer, Browning, Nelson), who
met with agency representatives on May 26, 2022, propose to use HOME-ARP funding
in the amounts as follows:
HOME-ARP Funding:
(CITY) Grant Administration / Operational & administrative costs for $157,208.00
CDBG Program (Continued from previous year)
First Step, Inc. — Non-Congregate Shelter Rehabilitation $700,000.00
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 7.0
Unreserved — Future Non-Congregate Shelter Project $714,872.00
Council will consider a formal Resolution to adopt the amended plan that will appropriate
the funds at the August 2, 2022, meeting.
RECOMMENDATION:
Staff recommends the City Council open the public hearing to receive citizen comments.
No action is required.
® Director of Development Services
® Assistant City Manager
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 7.0
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Public Hearing on Action Plan to allocate FY 2022-2023 Community
Development Block Grant (CDBG) funds in the amount of
$1,203,986, and FY 2022-2023 HOME Investment Partnership
Program (HOME) funds in the amount of$449,845.
INITIATING DEPT: Development Services / Neighborhood Resources
STRATEGIC GOAL: Accelerate Economic Growth and Actively Engage & Inform the
Public
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods and
Strengthen Supportive Partnerships with the Non-For-Profit Community
COMMENTARY: Each year, the U.S. Department of Housing and Urban Development
(HUD) requires the City to develop an Annual Action Plan to address local needs identified
in the current Five-Year Consolidated Plan, a document that serves as the basis for
establishing annual funding allocations. The scheduled Public Hearing provides an
opportunity for citizen comments on the proposed PY 2022 (next fiscal year: FY 2023)
Annual Action Plan). The Action Plan identifies federal resources available to the City
during the upcoming fiscal year and describes the activities expected to be undertaken.
The allocations being recommended to the City Council by the Council Subcommittee on
Outside Agencies are a result of its May 26, 2022, meetings with local non-profit agencies
and City departments interested in applying for CDBG funding. Funding requests totaling
$1,630,299.20 were submitted to the subcommittee. CDBG funds available for projects
totaled $1,303,986, including the 2022-2023 allocation of $1,203,986 and $100,000 in
reprogrammed funds from the prior fiscal year. Funding for public service type activities
is further limited to no more than 15% of the new annual grant amount.
To be considered, an approved activity eligible for funding, HUD requires that projects
meet local needs and priorities identified in the Consolidated Plan. Activities must also
meet specific criteria for eligibility defined in federal regulations and meet one of the
following three national objectives:
1. Benefit low and moderate income persons.
2. Aid in the prevention or elimination of slum and blight, or
3. Meet an urgent need to remove a serious and immediate threat to health or
safety.
The City must also make certain that no less than 70% of CDBG expenditures will be
used for activities that benefit the low and moderate-income population within our
community.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.D
The City Council Subcommittee on Outside Agencies (Brewer, Browning, Nelson), who
met with agency representatives on May 26, 2022, propose to use FY 2022-2023 CDBG
and HOME entitlement funding in the amounts as follows:
CDBG: Outside Agencies
Child Care, Inc. / Child care subsidies for low-income working families $126,418.00
Christmas in Action / Home repair for elderly and handicapped owners $100,000.00
Senior Citizens Services of North Texas / Meals on Wheels Program $54,179.00
TOTAL $280,597.00
CDBG: City Departments
Code Enforcement / Demolition and clearance of hazardous structures $177,592.00
Code Enforcement / Demolition and clearance (Carryover from PY 2021) $200,000.00
Code Enforcement / Administration & operational costs $80,000.00
CDBG Program Delivery Costs / Minor & Emergency Repair Programs $30,000.00
Grant Administration / Operational & administrative costs for CDBG $240,797.00
Program
Minor Repair Program / Minor home repair for low-income homeowners $213,000.00
Emergency Repair Program / Immediate-need home repair for low- $167,000.00
income homeowners
Parks / MLK Safety, Security, and General Rehab Improvements $65,000.00
Traffic—Audible Pedestrian Signals $50,000.00
TOTAL $1,023,389.00
HOME Program
First-Time Homebuyer Program /Acquisition assistance costs for down $307,384.00
payment, closing costs, minor repairs
Affordable Housing Program / Closing costs/principle reduction for Habitat $30,000.00
home buyers
CHDO Set-Aside / Statutory 15% of Entitlement amount $67,477.00
HOME Administration / Operational & administrative costs for HOME $44,984.00
Program
TOTAL $449,845.00
Council will consider a formal Resolution to adopt the amended plan that will appropriate
the funds at the August 2, 2022, meeting.
RECOMMENDATION:
Staff recommends the City Council open the public hearing to receive citizen comments.
No action is required.
® Director of Development Services
® Assistant City Manager
ASSOCIATED INFORMATION:
® Budget Office Review
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.D
® City Attorney Review
® City Manager Approval
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 7.D
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Conduct a public hearing to receive citizen comments and take
action on a resolution for the proposed 2022 Third Year Annual
Action Plan of the adopted Five Year 2020-2024 Public Housing
Agency (PHA) Plan.
INITIATING DEPT: Development Services/Housing
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Support Neighborhood Revitalization
COMMENTARY: The City Council annually reviews and approves the documents that
guide operations of the City's Housing Choice Voucher (formerly Section 8) Program, this
being the 2022 Third Year Action Plan of the adopted 2020-2024 Five Year Public
Housing Agency Plan. A public hearing is required for the approval of this plan.
The Public Housing Agency Plan serves as a broad document outlining the programs the
Housing Division intends to provide. Staff is not recommending any modifications to the
Third Year of the Five Year Action Plan. It has been customary during the annual review
of the PHA plans to also review the status of the program. Below are a few current
program details:
• 820 families currently being assisted (July 5th) with 37 vouchers issued searching
for units
• 500 individuals/families currently on the waiting list
• $375 current average cost per unit per month
• $25 increase from last year due to the rising cost of rent per unit.
Staff recommends (1) the Council open the public hearing to receive citizen comments,
and (2) the approval of the Resolution.
® Neighborhood Services Manager
® Director of Development Services
® Assistant City Manager
ASSOCIATED INFORMATION: PHA Third Year Action Plan of the adopted Five-Year
PHA Plan
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 1 OF 6 PAGES
AGENDA ITEM NO.8.A
RESOLUTION NO.
Resolution Approving the 2022 Third Year Annual Action Plan of the
Adopted 2020-2024 Five Year Public Housing Agency (PHA) Plan
WHEREAS, the Housing Division must annually submit for City Council approval,
the Division's Annual Action Plan as part of the Five Year PHA Plan;
WHEREAS, as a result of this year's review of the Third Year Annual Action Plan,
city staff is recommending no modifications be made;
WHEREAS, the City Council has conducted the required Public Hearing for this
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The attached Third Year Action Plan of the adopted Five Year Public Housing
Agency Plan is hereby approved.
PASSED AND APPROVED this the 19th day of July, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 6 PAGES
AGENDA ITEM NO.
Streamlined Annual U.S.Department of Housing and Urban Development OMB No.2577-0226
Office of Public and Indian Housing Expires 02/29/2016
PHA Plan
(HCV Only PHAs)
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and
requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and
members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and
extremely low-income families
Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of
a Standard PHA,Troubled PHA,High Performer PHA,Small PHA,or Qualified PHA do not need to submit this
form.Where applicable,separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
1) High-Performer PHA—A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers,
and was designated as a high performer on both of the most recent Public Housing Assessment System(PHAS)and Section Eight
Management Assessment Program(SEMAP)assessments if administering both programs,or PHAS if only administering public housing.
(2) Small PHA-A PHA that is not designated as PHAS or SEMAP troubled,or at risk of being designated as troubled,that owns or
manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550.
(3) Housing Choice Voucher(HC)Only PHA-A PHA that administers more than 550 HCVs,was not designated as troubled in its
most recent SEMAP assessment,and does not own or manage public housing.
(4) Standard PHA-A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total
combined units exceeds 550,and that was designated as a standard performer in the most recent PHAS and SEMAP assessments.
(5) Troubled PHA-A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent.
(6) Qualified PHA-A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined,and is not PHAS
or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: City of Wichita Falls PHA Code:TX498
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 10/2022
PHA Inventory(Based on Annual Contributions Contract(ACC)units at time of FY beginning,above)
Number of Housing Choice Vouchers (HCVs) 989
PHA Plan Submission Type: ®Annual Submission ❑Revised Annual Submission
Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the
public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the
public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how
the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan,but excluded from their
streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at the main office or central office of the PHA.
PHAs are strongly encouraged to post complete PHA Plans on their official website.
❑PHA Consortia: (Check box if submitting a joint Plan and complete table below)
Participating PHAs PHA Program(s)in the Program(s)not in the No.of Units in Each
Code Consortia Consortia Program
Lead HA:
PAGE 3 OF 6 PAGES
AGENDA ITEM NO.
B. Annual Plan.
B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?
Y N
❑ ® Housing Needs and Strategy for Addressing Housing Needs.
❑ ® Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions.
❑ ® Financial Resources.
❑ ® Rent Determination.
❑ ® Operation and Management.
❑ ® Informal Review and Hearing Procedures.
❑ ® Homeownership Programs.
❑ ® Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
❑ ® Substantial Deviation.
❑ ® Significant Amendment/Modification.
(b) If the PHA answered yes for any element,describe the revisions for each element(s):
B.2 New Activities
(a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year?
Y N
❑ ® Project Based Vouchers.
(b)If this activity is planned for the current Fiscal Year,describe the activities. Provide the projected number of project-based units and
general locations,and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N N/A
❑ NE
(b) If yes,please describe:
BA Civil Rights Certification
Form HUD-50077,PHA Certification of Compliance with the PHA Plans and Related Regulations,must be submitted by the PHA as an
electronic attachment to the PHA Plan.
B.5 Certification by State or Local Officials.
Form HUD 50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by
the PHA as an electronic attachment to the PHA Plan.
B.6 Progress Report.
Provide a description of the PHA's progress in meeting its Mission and Goals described in its 5-Year PHA Plan.
The PHA continues to work towards improving housing lease-up rates and maintain the maximum number of families under lease
that the budget limits will support.2.To provide outreach to property owners to increase housing stock outside of the poverty areas.
PAGE 4 OF 6 PAGES
AGENDA ITEM NO.
3.To provide a comprehensive analysis of the rental market,which will allow the highest payment standards that the funding limits
will support without reducing the number of participating families.4.To promote self-sufficiency and asset development by our
tenants and the community. 5.Improve SEMAP score. 6. Increase customer and landlord satisfaction.
Maintain or increase lease-up by establishing payment standards that will enable families to rent throughout the jurisdiction.
Undertake affirmative measures to ensure access to assisted housing regardless of race,color,religion,national origin,sex,familial
status,and disability.Undertake affirmative measures to ensure access to assisted housing regardless of gender(LGBT)related to
the equal access rule.
Continue to protect clients and family members of clients who are victims of domestic,dating violence,or stalking from being
terminated from housing based in acts such violence against them in accordance with the VAWA act.
B.7 Resident Advisory Board(RAB)Comments.
(a) Did the RAB(s)provide comments to the PHA Plan?
Y N
0 El
(a) If yes,comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing
their analysis of the RAB recommendations and the decisions made on these recommendations.
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
A. PHA Information.All PHAs must complete this section. 24 CFR§903.23(4)(e))
A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning(MM/YYYY),Number of Housing Choice
Vouchers(HCVs),PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the
public hearing and proposed PHA Plan.
PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table. 24 CFR§943.128(a))
B. Annual Plan. All PHAs must complete this section.(24 CFR§903.11(c)(3))
B.1 Revision of PHA Plan Elements.PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA.To specify which elements have been revised,
mark the"yes"box.If an element has not been revised,mark"no."
❑ Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income,very
low-income families who reside in the PHA's jurisdiction and other families who are on the Section 8 tenant-based waiting list.The
statement must identify the housing needs of(i)families with incomes below 30 percent of area median income(extremely low-income),(ii)
elderly families and families with disabilities,and(iii)households of various races and ethnic groups residing in the jurisdiction or on the
waiting list based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available
data. The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location. (24
CFR 6903.7(a)(1)and 24 CFR§903.7(a)(2)(i)). Provide a description of the PHA's strategy for addressing the housing needs of families in
the jurisdiction and on the waiting list in the upcoming year.24 CFR 6903.7(a)(2)(ii)
❑ Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions. A statement of the PHA's policies that
govern resident or tenant eligibility,selection and admission including admission preferences for HCV.(24 CFR§903.7(b))
❑ Financial Resources. A statement of financial resources,including a listing by general categories,of the PHA's anticipated resources,
such as PHA HCV funding and other anticipated Federal resources available to the PHA,as well as tenant rents and other income available to
support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program,and
state the planned use for the resources.(24 CFR§903.7(c))
❑ Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based
assistance,discretionary minimum tenant rents,and payment standard policies.(24 CFR§903.7(d))
❑ Operation and Management. A statement that includes a description of PHA management organization,and a listing of the programs
PAGE 5 OF 6 PAGES
AGENDA ITEM NO.
administered by the PHA.(24 CFR§903.7(e)(3)(4)).
❑ Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available
to its applicants.(24 CFR§903.7(f))
❑ Homeownership Programs. A statement describing any homeownership programs(including project number and unit count)
administered by the agency under section 8y of the 1937 Act,or for which the PHA has applied or will apply for approval.(24 CFR
§903.7(k))
❑ Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of
any PHA programs relating to services and amenities coordinated,promoted,or provided by the PHA for assisted families,including those
resulting from the PHA's partnership with other entities,for the enhancement of the economic and social self-sufficiency of assisted families,
including programs provided or offered as a result of the PHA's partnerships with other entities,and activities under section 3 of the
Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the
program's size(including required and actual size of the FSS program)and means of allocating assistance to households. (24 CFR
903.7(1)(i)) Describe how the PHA will comply with the requirements of section 12(c)and(d)of the 1937 Act that relate to treatment of
income changes resulting from welfare program requirements. 24 CFR§903.7(1)(iii)).
❑ Substantial Deviation. PHA must provide its criteria for determining a"substantial deviation"to its 5-Year Plan.(24 CFR
903.7(r)(2)(i))
❑ Significant Amendment/Modification. PHA must provide its criteria for determining a"Significant Amendment or Modification"to its
5-Year and Annual Plan. Should the PHA fail to define`significant amendment/modification',HUD will consider the following to be
`significant amendments or modifications': a)changes to rent or admissions policies or organization of the waiting list;or b)any change
with regard to homeownership programs. See guidance on HUD's website at:Notice PIH 1999-51.(24 CFR 6903.7(r)(2)(ii))
If any boxes are marked"yes",describe the revision(s)to those element(s)in the space provided.
B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers(HCVs)for new Project-Based
Vouchers(PBVs)in the current Fiscal Year,mark"yes"for this element,and describe the activities to be undertaken in the space provided.
If the PHA does not plan to undertake this activity,mark"no." (24 CFR§983.57(b)(1)and Section 8(13)(C)of the United States Housing
Act of 1937.
❑ Project-Based Vouchers(PBV). Describe any plans to use HCVs for new project-based vouchers.If using PBVs,provide the projected
number of project-based units and general locations,and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any fmdings,mark"yes"and
describe those fmdings in the space provided. (24 CFR§903.11(c)(3),24 CFR ?903.7(p))
BA Civil Rights Certification. Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related
Regulation,must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil
Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if:it can document that it examines its
programs and proposed programs to identify any impediments to fair housing choice within those programs;addresses those impediments in
a reasonable fashion in view of the resources available;works with the local jurisdiction to implement any of the jurisdiction's initiatives to
affirmatively further fair housing;and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction.(24
CFR§903.7(o))
B.5 Certification by State or Local Officials. Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency
with the Consolidated Plan,including the manner in which the applicable plan contents are consistent with the Consolidated Plans,must be
submitted by the PHA as an electronic attachment to the PHA Plan.(24 CFR§903.15)
B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan,a PHA must include a brief statement of the
PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan.(24 CFR§903.11(c)(3),24 CFR§903.7(r)(1))
B.7 Resident Advisory Board(RAB)comments.If the RAB provided comments to the annual plan,mark"yes,"submit the comments
as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR
§903.13(c),24 CFR§903.19)
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PAGE 6 OF 6 PAGES
AGENDA ITEM NO.
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Resolution awarding Construction Services Contract to MARRS
Patriot Construction, LLC for the Health Department, Women,
Infants and Children Ramp Renovation Project for the amount of
$104,566.88.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: A need has existed to redesign the existing accessibility ramp at the
main entrance of the Health District. The ramp currently services the outside entrance
into the WIC office located adjacent to the front entrance of the Health District. There is
currently no accessibility ramp servicing the main entrance of the Health District. State
WIC offered us funding for renovation of the WIC facilities. This project will also
reconfigure the current accessibility parking spaces and adjacent accessibility path. A
contract was signed, on March 1, 2022, with SLA architects for design and over sight of
the project. A request for bids (RFB) for construction services was sent out on May 9,
2022.
A bid opening was held on May 26, 2022, the City received one bid from General
Contractors. The bid is as follows:
Marrs Patriot Construction, LLC $104,566.88
The anticipated cost for the total project are as follows; Architect $7,200, sole bid
received $104,566.88 Total $111,766.88. This project is 100% funded with grant
funding from the Department of State Health Service.
Staff recommends approval of the resolution.
® Director of Health
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 53 PAGES
AGENDA ITEM NO. 8.B
Resolution No.
Resolution awarding Construction Services Contract to MARRS
Patriot Construction, LLC for the Health Department, Women, Infants
and Children Ramp Renovation Project for the amount of
$104,566.88.
WHEREAS, The City of Wichita Falls wishes to undertake renovation of the
existing WIC accessibility ramp addition located at the Health Department; and,
WHEREAS, the renovation of this area will create a functional accessibility
entrance for not only the exterior WIC entrance but also the Main entrance of the
Health Department; and,
WHEREAS, Marrs Patriot Construction, LLC has submitted a bid for completion
of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The construction agreement for the amount of $104,566.88.with Marrs Patriot
Construction, LLC for the City of Wichita Falls Health Department WIC ramp renovation
is hereby approved, and the City Manager is authorized to sign the agreement in a form
approved by the City Attorney.
PASSED AND APPROVED this the 19th day of July, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 53 PAGES
AGENDA ITEM NO. 8.B
CITY OF WICHITA FALLS
WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT
ENTRANCE RAMP RENOVATION AGREEMENT
This Agreement("Agreement")is entered into on this day of July, 2022,by and between the City of
Wichita Falls,"Owner,"by and through the Wichita Falls-Wichita County Public Health District,"Owner",
and Mans Patriot Construction,LLC, "Contractor."
Recitals
A. Owner is seeking to renovate the entrance ramp for the Wichita Falls-Wichita County Public Health
District(Project)located at 1700 3rd Street,Wichita Falls,Texas 76301,see Exhibit A; and,
B. Contractor submitted a bid and was awarded the Project by the City of Wichita Falls;and,
C. Contractor is a licensed contractor in the building remodeling business, properly licensed and
bonded, and has the capability to construct the Project in accordance with generally accepted
demolition practices and procedures;and,
D. SLA Architects will oversee the work on behalf of Owner and shall work with Contractor to
complete the Project; and,
E. The parties desire to enter into this Agreement upon the terms and conditions that follow.
Now,therefore,in consideration of S 1.01,013.07 and other good and valuable consideration,the receipt and
sufficiency of which is acknowledged,the parties agree as follows.
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 Basic Definitions
§1.1.1 The Contract Documents.The Contract Documents are enumerated in the Agreement between the
Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the
Contract(General, Supplementary and other Conditions),Drawings, Specifications, Addenda issued prior
to execution of the Contract, attached hereto as Exhibit A, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the
Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or(4)a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the
Agreement,the Contract Documents do not include the advertisement or invitation to bid, Instructions to
Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or
proposals,the Contractor's bid or proposal,or portions of addenda relating to bidding requirements).
§ 1.1.2 The Contract, The Contract Documents form the Contract for Construction. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements,either written or oral. The Contract may be amended or modified only by a
Modification. The Contract Documents shall not be construed to create a contractual relationship of any
kind(1)between the Contractor and the Architect or the Architect's consultants, (2) between the Owner
and the Construction Manager or the Construction Manager's consultants, (3)between the Owner and the
1
PAGE 3 OF 53 PAGES
AGENDA ITEM NO. 8.B
Architect or the Architect's consultants, (4)between the Contractor and the Construction Manager or the
Construction Manager's consultants, (5)between the Owner and a Subcontractor or Sub-Subcontractor(6)
between the Construction Manager and the Architect, or(7)between any persons or entities other than the
Owner and Contractor.The Construction Manager and Architect shall,however,be entitled to performance
and enforcement of obligations under the Contract intended to facilitate performance of their duties.
§ 1.1.3 The Work. The term "Work" means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor,materials, equipment
and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
§1.1.4 The Project, The Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by other Multiple Prime
Contractors and by the Owner's own forces, including persons or entities under separate contracts not
administered by the Construction Manager and in general includes work required by City of Wichita Falls
Bid#22-39.
§ 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents
showing the design,location and dimensions of the Work, generally including plans,elevations, sections,
details, schedules and diagrams.
§1.1.6 The Specifications.The Specifications are thatportion of the Contract Documents consisting of the
written requirements for materials, equipment, systems, standards and workmanship for the Work, and
performance of related services.
§ 1.L7 Instruments of Service.Instruments of Service are representations, in any medium of expression
now known or later developed,of the tangible and intangible creative work performed by the Architect and
the Architect's consultants under their respective professional services agreements. Instruments of Service
may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other
similar materials.
§ 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to
render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement
under Section 14.2.2.
§1.2 Correlation and Intent of the Contract Documents
§ 1,2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is
required by one shall be as binding as if required by all; performance by the Contractor shall be required
only to the extent consistent with the Contract Documents and reasonably inferable from them as being
necessary to produce the indicated results.
§1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings
shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of
Work to be performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such recognized
meanings.
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§ 1.3 Capitalization
Terms capitalized in these General Conditions include those that are(1)specifically defined, (2)the titles
of numbered articles or(3)the titles of other documents published by the American Institute of Architects.
§ 1.4 Interpretation
In the interest of brevity,the Contract Documents frequently omit modifying words such as"all"and"any"
and articles such as "the"and"an,"but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement.
ARTICLE 2 OWNER
§2.1 General
§2.1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The Owner may designate in writing a representative who
shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval
or authorization.Except as otherwise provided in Article 4,the Construction Manager and the Architect do
not have such authority. The term"Owner"means the Owner or the Owner's authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,
information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien
rights. Such information shall include a correct statement of the record legal title to the property on which
the Project is located,usually referred to as the site,and the Owner's interest therein.
§2,2 Information and Services Required of the Owner
§2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations
under the Contract Thereafter, the Contractor may only request such evidence if(1) the Owner fails to
make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially
changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the
Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition
precedent to commencement or continuation of the Work or the portion of the Work affected by a material
change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial
arrangements without prior notice to the Contractor.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract
Documents, including those required under Section 3.7..1, the Owner shall secure and pay for necessary
approvals, easements, assessments and charges required for construction,use or occupancy of permanent
structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract
Documents,the Owner,through the Construction Manager, shall secure and pay for the building permit.
§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility
locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to
rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating
to the safe performance of the Work.
§2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents
with reasonable promptness. The Owner shall also furnish any other information or services under the
Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness
after receiving the Contractor's written request for such information or services.
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§2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor
one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction
Manager and shall contemporaneously provide the same communications to the Architect about matters
arising out of or relating to the Contract Documents.
§2.3 Owner's Right to Stop the Work
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract
Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract
Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,
until the cause for such order has been eliminated; however,the right of the Owner to stop the Work shall
not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any
other person or entity, except to the extent required by Section 6.1.3.
§2.4 Owner's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and
fails within a ten-day period after receipt of written notice from the Owner to commence and continue
correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to.
other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order
shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of
correcting such deficiencies, including Owner's expenses and compensation for the Construction
Manager's and Architect's and their respective consultants' additional services made necessary by such
default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject
to prior approval of the Architect, after consultation with the Construction Manager. If payments then or
thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner.
ARTICLE 3 CONTRACTOR
§3.1 General
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed,if
required in the jurisdiction where the Project is located. The Contractor shall designate in writing a
representative who shall have express authority to bind the Contractor with respect to all matters under this
Contract if required by Owner.The term"Contractor"means the Contractor or the Contractor's authorized
representative.
§3.1.2 The plural term"Multiple Prime Contractors"refers to persons or entities who perform construction
under contracts with the Owner that are administered by the Construction Manager. The term does not
include the Owner's own forces,including persons or entities under separate contracts not administered by
the Construction Manager.
§3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Construction Manager or Architect in their
administration of the Contract, or by tests, inspections or approvals required or performed by persons or
entities other than the Contractor.
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§3.2 Review of Contract Documents and Field Conditions by Contractor
§3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the
site, become generally familiar with local conditions under which the Work is to be performed and
caudated personal observations with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each
portion of the Work, carefully study and compare the various Contract Documents relative to that portion
of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field
measurements of any existing conditions related to that portion of the Work, and shall observe any
conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and
construction by the Contractor and are not for the purpose of discovering errors, omissions, or
inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the
Construction Manager and Architect any errors,inconsistencies or omissions discovered by or made known
to the Contractor as a request for information submitted to the Construction Manager in such form as the
Construction Manager and Architect may require. It is recognized that the Contractor's review is made in
the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise
specifically provided in the Contract Documents.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with
applicable laws, statutes, ordinances, codes,rules and regulations, or lawful orders of public authorities,
but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity
discovered by or made known to the Contractor as a request for information submitted to Construction
Manager in such form as the Construction Manager and Architect may require.
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or
instructions the Architect issues in response to the Contractor's notices or requests for information pursuant
to Sections 3.2.2 or 3.2.3,the Contractor shall make Claims as provided in Article 15.If the Contractor fails
to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to
the Owner as would have been avoided if the Contractor had performed such obligations.if the Contractor
performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages
resulting from errors,inconsistencies or omissions in the Contract Documents,for differences between field
measurements or conditions and the Contract Documents, or for nonconformities of the Contract
Documents to applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public
authorities.
§3.3 Supervision and Construction Procedures
§3,3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.
The Contractor shall be solely responsible for, and have control over, construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under the Contract,
unless the Contract Documents give other specific instruction concerning these matters. If the Contract
Documents give specific instructions concerning construction means,methods, techniques, sequences or
procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be
fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or
procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures
may not be safe, the Contractor shall give timely written notice to the Owner,the Construction Manager,
and the Architect and shall not proceed with that portion of the Work without further written instructions
from the Architect,through the Construction Manager.If the Contractor is then instructed to proceed with
the required means,methods,techniques,sequences or procedures without acceptance of changes proposed
by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those
Owner-required means,methods,techniques,sequences or procedures.
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§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's
employees, Subcontractors and their agents and employees,and other persons performing portions of the
Work for, or on behalf of,the Contractor or any of its Subcontractors.
§3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to
determine that such portions are in proper condition to receive subsequent Work.
§3.4 Labor and Materials
§3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation,and other facilities and services necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
§3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with
Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after
evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a
Change Order or Construction Change Directive.
§3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and.
other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or
persons not properly skilled in tasks assigned to them.
§3.5 Warranty
The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment
furnished under the Contract will be of good quality and new unless the Contract Documents require or
permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the
Contract Documents and will be free from defects, except for those inherent in the quality of the Work the
Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements
may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by
abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance,
improper operation,or normal wear and tear and normal usage.If required by the Construction Manager or
Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
§3.6 Taxes
The Contractor shall pay sales, consumer,use and similar taxes for the Work or portions thereof provided
by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not
yet effective or merely scheduled to go into effect.
§3.7 Permits,Fees,Notices, and Compliance with Laws
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction
Manager,shall secure and pay for the building permit.The Contractor shall secure and pay for other permits,
fees, licenses and inspections by government agencies necessary for proper execution and completion of
the Work that are customarily secured after execution of the Contract and legally required at the time bids
are received or negotiations concluded.
§3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,
codes,rules and regulations,and lawful orders of public authorities applicable to performance of the Work.
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§3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,
codes,rules and regulations, or lawful orders of public authorities,the Contractor shall assume appropriate
responsibility for such Work and shall bear the costs attributable to correction.
§3.7.4 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1)
subsurface or otherwise concealed physical conditions that differ materially from those indicated in the
Contract Documents or (2)unknown physical conditions of an unusual nature that differ materially from
those ordinarily found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, the Contractor shall promptly provide notice to the
Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than
21 days after first observance of the conditions. The Architect and Construction Manager will promptly
investigate such conditions and,if the Architect,in consultation with the Construction Manager,determines
that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required
for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or
Contract Time,or both.If the Architect,in consultation with the Construction Manager,determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that
no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner,
Construction Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes
the Architect's determination or recommendation,either party may proceed as provided in Article 15.
§3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence
of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor
shall immediately suspend any operations that would affect them and shall notify the Owner,Construction
Manager, and Architect.Upon receipt of such notice,the Owner shall promptly take any action necessary
to obtain governmental authorization required to resume the operations. The Contractor shall continue to
suspend such operations until otherwise instructed by the Owner but shall continue with all other operations
that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract
Time arising from the existence of such remains or features may be made as provided in Article 15.
§3.8 Allowances
§3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.
Items covered by allowances shall be supplied for such amounts and by such persons or entities as the
Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the
Contractor has reasonable objection.
§3.8.2 Unless otherwise provided in the Contract Documents:
.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the
site and all required taxes,less applicable trade discounts;
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead,
profit and other expenses contemplated for stated allowance amounts shall be included in the
Contract Sum but not in the allowances;and
.3 Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted
accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference
between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's
costs under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable
promptness.
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§3.9 Superintendent
§3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during performance of the Work. The superintendent shall represent the
Contractor, and communications given to the superintendent shall be as binding as if given to the
Contractor.
§3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Owner and Architect through the Construction Manager, the name and qualifications of a proposed
superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating
(1)whether the Owner,the Construction Manager,or the Architect has reasonable objection to the proposed
superintendent or(2)that any of them require additional time to review.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction
Manager or Architect has made reasonable and timely objection. The Contractor shall not change the
superintendent without the Owner's consent,which shall not unreasonably be withheld or delayed.
§3.10 Contractor's Construction Schedules
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the
Owner's and.Architect's information and the Construction Manager's approval a Contractor's construction
schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents,
shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall he
related to the entire Project schedule to the extent required by the Contract Documents, and shall provide
for expeditious and practicable execution of the Work.The Contractor shall cooperate with the Construction
Manager in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no
delay in,the work or activities of other Multiple Prime Contractors or the construction or operations of the
Owner's own forces.
§3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and
thereafter update it as necessary to maintain a current submittal schedule,and shall submit the schedule(s)
for the Construction Manager's and Architect's approval. The Architect and Construction Manager's
approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated
with the Contractor's construction schedule, and (2) allow the Construction Manager and Architect
reasonable time to review submittals. If the Contractor fails to submit a submittal schedule,the Contractor
shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time
required for review of submittals.
§3.10.3 The Contractor shall participate with other Contractors,the Construction Manager and Owner in
reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the
Construction Manager. The Contractor shall make revisions to the construction schedule and submittal
schedule as deemed necessary by the Construction Manager to conform to the Project schedule.
§ 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules
submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project.
schedule.
§3.11 Documents and Samples at the Site
The Contractor shall maintain at the site for the Owner one copy of the Drawings,Specifications,Addenda,
Change Orders and other Modifications,in good order and marked currently to indicate field changes and
selections made during construction,and one copy of approved Shop Drawings,Product Data,Samples and
similar required submittals. These documents shall be available to the Architect and delivered to the
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Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as
constructed.
§3.12 Shop Drawings,Product Data and Samples
§3,12.1 Shop Drawings are drawings, diagrams,schedules and other data specially prepared for the Work
by the Contractor or a Subcontractor, Sub-Subcontractor,manufacturer,supplier or distributor to illustrate
some portion of the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Contractor to illustrate materials or equipment for some
portion of the Work.
§3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
§3.12.4 Shop Drawings,Product Data, Samples and similar submittals are not Contract Documents. Their
purpose is to demonstrate the way by which the Contractor proposes to conform to the information given
and the design concept expressed in the Contract Documents for those portions of the Work for which the
Contract Documents require submittals. Review by the Architect and Construction Manager is subject to
the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction
Manager and Architect are not expected to take responsive action may be so identified in the Contract
Documents. Submittals that are not required by the Contract Documents may be returned by the
Construction Manager or Architect without action.
§3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to
the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the
Contract Documents in accordance with the Project submittal schedule approved by the Construction
Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable
promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple
Prime Contractors or the Owner's own forces. The Contractor shall cooperate with the Construction
Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar
submittals with related documents submitted by other Multiple Prime Contractors.
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor
represents to the Owner, Construction Manager, and Architect, that the Contractor has (1)reviewed and
approved them, (2) determined and verified materials, field measurements and field construction criteria
related thereto, or will do so, and (3) checked and coordinated the information contained within such
submittals with the requirements of the Work and of the Contract Documents.
§3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require
submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective
submittal has been reviewed and approved by the Architect.
§3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be
relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's
approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has
specifically informed the Construction Manager and Architect in writing of such deviation at the time of
submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the
Work,or(2) a Change Order or Construction Change Directive has been issued authorizing the deviation.
The Contractor shall not be relieved of responsibility for errors or omissions in.Shop Drawings, Product
Data, Samples or similar submittals by the Architect's approval thereof.
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§3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product
Data, Samples or similar submittals,to revisions other than those requested by the Construction Manager
and Architect on previous submittals. In the absence of such written notice, the Architect's approval of a
resubmission shall not apply to such revisions.
§3.12.10 The Contractor shall not be required to provide professional services that constitute the practice
of architecture or engineering unless such services are specifically required by the Contract Documents for
a portion of the Work or unless the Contractor needs to provide such services in order to carry out the
Contractor's responsibilities for construction means,methods,techniques, sequences and procedures. The
Contractor shall not be required to provide professional services in violation of applicable law. If
professional design services or certifications by a design professional related to systems, materials or
equipment are specifically required of the Contractor by the Contract Documents, the Owner and the
Architect will specify all performance and design criteria that such services must satisfy. The Contractor
shall cause such services or certifications to be provided by a properly licensed design professional,whose
signature and seal shall appear on all drawings, calculations, specifications,certifications, Shop Drawings
and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work
designed or certified by such professional, if prepared by others, shall bear such professional's written
approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the
adequacy, accuracy and completeness of the services, certifications and approvals performed or provided
by such design professionals, provided the Owner and Architect have specified to the Contractor all
performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the
Architect will review, approve or take other appropriate action on submittals only for the limited purpose
of checking for conformance with information given and the design concept expressed in the Contract
Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria
specified in the Contract Documents.
§3.13 Use of Site
§3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,
ordinances,codes,rules and regulations,and lawful orders of public authorities and the Contract Documents
and shall not unreasonably encumber the site with materials or equipment.
§3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of,the
Construction Manager before using any portion of the site.
§3.14 Cutting and Patching
§3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work
or to make its parts fit together properly, All areas requiring cutting,fitting and patching shall be restored
to the condition existing prior to the cutting,fitting and patching,unless otherwise required by the Contract
Documents.
§3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or
otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such
construction by the Owner's own forces or by other Multiple Prime Contractors except with written consent
of the Construction Manager,Owner and such other Multiple Prime Contractors;such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
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§3.15 Cleaning Up
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor
shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and
surplus materials from and about the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or
Construction Manager with the Owner's approval, may do so and the Owner shall be entitled to
reimbursement from the Contractor.
§3.16 Access to Work
The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in
preparation and progress wherever located.
§3.17 Indemnification
§3.17.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,
Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and
employees of any of them from and against claims,damages, losses and expenses,including but not limited
to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim,
damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property(other than the Work itself)but only to the extent caused by the negligent
acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense
is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge
or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person
described in this Section 3.18.
§3.17.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the
Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they
may be liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor
under workers' compensation acts, disability benefit acts or other employee benefit acts.
ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER
§4.1 General
§4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully
practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as
the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in
number.
§ 4.1.2 Architect may act as Owner's Construction Manager. That person or entity is identified as the
Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular
in number.
§ 4.1,3 Duties,responsibilities and limitations of authority of the Construction Manager and Architect as
set forth in the Contract Documents shall not be restricted, modified or extended without written consent
of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably
withheld.
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§4.1.4If the employment of the Construction Manager or Architect is terminated,the Owner shall employ
a successor construction manager or architect as to whom the Contractor has no reasonable objection and
whose status under the Contract Documents shall be that of the Construction Manager or Architect;
respectively.
§4.2 Administration of the Contract
§4.2.1 The Construction Manager and Architect will provide administration of the Contract as described
in the Contract Documents and will be the Owner's representatives during construction until the date the
Architect issues the final Certificate for Payment. The Construction Manager and Architect will have
authority to act on behalf of the Owner only to the extent provided in the Contract Documents.
§4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise
agreed with the Owner,to become generally familiar with the progress and quality of the portion of the
Work completed, and to determine in general if the Work observed is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract Documents.
However,the Architect will not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner
reasonably informed about the progress and quality of the portion of the Work completed,and report to the
Owner and Construction Manager(1)known deviations from the Contract Documents and from the most
recent Project schedule prepared by the Construction Manager, and(2) defects and deficiencies observed
in the Work.
§ 4.2.3 The Construction Manager, and Architect will not have control over, or charge of, construction
means, methods, techniques, sequences or procedures, or for the safety precautions and programs in
connection with the Work, since these are solely the Contractor's rights and responsibilities under the
Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the
Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.
Neither the Construction Manager nor the Architect will have control over or charge of or be responsible
for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons
or entities performing portions of the Work.
§ 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the
Contract Documents or when direct communications have been specially authorized, the Owner and
Contractor shall endeavor to communicate with each other through the Construction Manager, and shall
contemporaneously provide the same communications to the Architect about matters arising out of or
relating to the Contract Documents. Communications by and with the Architect's consultants shall be
through the Architect. Communications by and with Subcontractors and material suppliers shall be through
the Contractor. Communications by and with other Multiple Prime Contractors shall be through the
Construction Manager and shall be contemporaneously provided to the Architect if those communications
are about matters arising out of or related to the Contract Documents. Communications by and with the
Owner's own forces shall be through the Owner.
§4.2.5 The Construction Manager and Architect will review and certify all Applications for Payment by
the Contractor,in accordance with the provisions of Article 9.
§4.2,6 The Architect and Construction Manager have authority to reject Work that does not conform to the
Contract Documents and will notify each other about the rejection. The Construction Manager shall
determine in general whether the Work of the Contractor is being performed in accordance with the
requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and
deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the
Construction Manager will have authority to require additional inspection or testing of the Work in
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accordance with Sections 13.5.2 and 13.5.3,upon written authorization of the Owner,whether or not such
Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be
subject to the provisions of Sections 4.2.16 through 4.2.18 inclusive, with respect to interpretations and
decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to
act under this Section 4.2.6 nor a decision made by either of them in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction
Manager to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees,
or other persons performing any of the Work.
§4.2.7 The Construction Manager will receive and promptly review for conformance with the submittal
requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings,
Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will
also check and coordinate the information contained within each submittal received from Contractor and
other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By
submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager
represents to the Owner and Architect that the Construction Manager has reviewed and recommended them
for approval. The Construction Manager's actions will be taken in accordance with the Project submittal
schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with
reasonable promptness while allowing sufficient time to permit adequate review by the Architect.
§ 4,2.8 The Architect will review and approve or take other appropriate action upon the Contractor's
submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking
for conformance with information given and the design concept expressed in the Contract Documents. The
Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in
the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time
in the Architect's professional judgment to permit adequate review.Upon the Architect's completed review,
the Architect shall transmit its submittal review to the Construction Manager.
§4,2.9 Review of the Contractor's submittals by the Construction Manager and Architect is not conducted
for the purpose of determining the accuracy and completeness of other details such as dimensions and
quantities,or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as required by the Contract Documents. The Construction
Manager and Architect's review of the Contractor's submittals shall not relieve the Contractor of the
obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the Construction
Manager and Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a
component.
§4.2.10 The Construction Manager will prepare Change Orders and Construction Change Directives.
§ 4.2.11 The Construction Manager and the Architect will take appropriate action on Change Orders or
Construction Change Directives in accordance with Article 7 and the Architect will have authority to.order
minor changes in the Work as provided in Section 7.4.The Architect,in consultation with the Construction
Manager, will investigate and make determinations and recommendations regarding concealed and
unknown conditions as provided in Section 3.7.4.
§ 4.2.12 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at
the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data,
Samples and similar required submittals, in good order and marked currently to record all changes and
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selections made during construction. These will be available to the Architect and the Contractor, and will
be delivered to the Owner upon completion of the Project.
§ 4.2.13 The Construction Manager will assist the Architect in conducting inspections to determine the
dates of Substantial Completion and the date of final completion; issue Certificates of Substantial
Completion in conjunction with the Architect pursuant to Section 9.8;and receive and forward to the Owner
written warranties and related documents required by the Contract and assembled by the Contractor
pursuant to Section 9.10. The Construction Manager will forward to the Architect a fmal Application and
Certificate for Payment or final Project Application and Project Certificate for Payment upon the
Contractor's compliance with the requirements of the Contract Documents.
§4,2.14 If the Owner and Architect agree,the Architect will provide one or more project representatives to
assist in carrying out the Architect's responsibilities at the site. The duties,responsibilities and limitations
of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the
Contract Documents.
§4.2.15 The Architect will interpret and decide matters concerning performance under, and requirements
of the Contract Documents on written request of the Construction Manager, Owner or Contractor through
the Construction Manager. The Architect's response to such requests will be made in writing within any
time limits agreed upon or otherwise with reasonable promptness.
§4.2,16 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably
inferable from the Contract Documents and will be in writing or in the form of drawings. When making
such interpretations and decisions, the Architect will endeavor to secure faithful performance by both
Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations
or decisions so rendered in good faith.
§4.2.17 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the
intent expressed in the Contract Documents.
§4.2.18 The Construction Manager will receive and review requests for information from the Contractor,
and forward each request for information to the Architect, with the Construction Manager's
recommendation.The Architect will review and respond in writing to the Construction Manager to requests
for information about the Contract Documents. The Construction Manager's recommendation and the
Architect's response to each request will be made in writing within any time limits agreed upon or otherwise
with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings
and Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§5.1 Definitions
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a
portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents
as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.
The term"Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other
Multiple Prime Contractors.
§5.1.2 A Sub-Subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor
to perform a portion of the Work at the site. The term"Sub-Subcontractor"is referred to throughout the
Contract Documents as if singular in number and means a Sub-Subcontractor or an authorized
representative of the Sub-Subcontractor.
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§5.2 Award of Subcontracts and Other Contracts for Portions of the Work
§5.2,1 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as
soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for
review by the Owner, Construction Manager and Architect, the names of persons or entities (including
those who are to furnish materials or equipment fabricated to a special design)proposed for each principal
portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing
stating(1) whether the Owner,the Construction Manager or the Architect has reasonable objection to any
such proposed person or entity or,(2)that the Construction Manager,Architect or Owner requires additional
time for review.
§5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,Construction
Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to
contract with anyone to whom the Contractor has made reasonable objection.
§ 5.2.3 If the Owner; Construction.Manager or Architect has reasonable objection to a person or entity
proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction
Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was
reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or
decreased by the difference, if any,occasioned by such change,and an appropriate Change Order shall be
issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract
Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and
responsively in submitting names as required.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the
Owner,Construction Manager or Architect makes reasonable objection to such substitution.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
§6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts
§6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the
Owner's own forces, which include persons or entities under separate contracts not administered by the
Construction Manager, and to award other contracts in connection with other portions of the Project or
other construction or operations on the site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance and waiver of subrogation.If the Contractor
claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall
make such Claim as provided in Article 15.
§ 6,1.2 When the Owner performs construction or operations with the Owner's own forces including
persons or entities under separate contracts not administered by the Construction Manager,the Owner shall
provide for coordination of such forces with the Work of the Contractor,who shall cooperate with them.
§6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or
operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to
the same obligations and to have the same rights that apply to the Contractor under the Conditions of the
Contract,including,without excluding others,those stated in Article 3,this Article 6, and Articles 10, 11,
and 12.
§6.2 Mutual Responsibility
§ 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple
Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and
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performance of their activities, and shall connect and coordinate the Contractor's construction and
operations with theirs as required by the Contract Documents.
§ 6.2,2 If part of the Contractor's Work depends for proper execution or results upon construction or
operations by the Owner's own forces or other Multiple Prime Contractors, the Contractor shall,prior to
proceeding with that portion of the Work, promptly report to the Construction Manager and Architect
apparent discrepancies or defects in such other construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner's own forces or other Multiple Prime Contractors' completed or partially completed construction is
fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable_
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are
payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays,
improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for
costs the Contractor incurs because of delays,improperly timed activities,damage to the Work or defective
construction by the Owner's own forces or other Multiple Prime Contractors.
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or
partially completed construction or to property of the Owner, separate contractors,or other Multiple Prime
Contractors as provided in Section 10.2.5.
§6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting
and patching as are described for the Contractor in Section 3.14.
§6.3 Owner's Right to Clean Up
If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding area free from
waste materials and rubbish, the Owner may clean up and the Construction Manager, with notice to the
Architect,will allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
§7.1 General
§7.1.1 Changes in the Work maybe accomplished after execution of the Contract,and without invalidating
the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work,
subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.
§7.1.2 A Change Order shall be based upon agreement among the Owner,Construction Manager,Architect
and Contractor;a Construction Change Directive requires agreement by the Owner,Construction Manager
and Architect and may or may not be agreed to by the Contractor;an order for a minor change in the Work
may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,
and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction
Change Directive or order for a minor change in the Work.
§7.2 Change Orders
A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner,
Construction Manager, Architect and Contractor, stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment,if any, in the Contract Sum; and
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.3 The extent of the adjustment,if any, in the Contract Time,
§7.3 Construction Change Directives
§ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and
signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to
agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by
Construction Change Directive, without invalidating the Contract, order changes in the Work within the
general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
§7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order.
§7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment
shall be based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating
data to permit evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed
or percentage fee; or
.4 As provided in Section 7.3.7.
§7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities
originally contemplated are materially changed in a proposed Change Order or Construction Change
Directive so that application of such unit prices to quantifies of Work proposed will cause substantial
inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted.
§7.3.5 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the
change in the Work involved and advise the Construction Manager and Architect of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Sum or Contract Time.
§ 7.3,6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.
Such agreement shall be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,including,in
case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement,
or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section
7.3.3.3,the Contractor shall keep and present,in such form as the Construction Manager may prescribe, an
itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract
Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:
.1 Costs of labor,including social security,old age and unemployment insurance,fringe benefits
required by agreement or custom,and workers'compensation insurance;
.2 Costs of materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
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.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and
.5 Additional costs of supervision and field office personnel directly attributable to the change.
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that
results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction
Manager and Architect. When both additions and credits covering related Work or substitutions are
involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if
any,with respect to that change.
§7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the
Contractor may request payment for Work completed under the Construction Change Directive in
Applications for Payment.The Construction Manager and Architect will make an interim determination for
purposes of monthly certification for payment for those costs and certify for payment the amount that the
Construction Manager and Architect determine to be reasonably justified.The interim determination of cost
shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to
disagree and assert a Claim in accordance with Article 15.
§7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager
and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach
agreement upon the adjustments, such agreement shall be effective immediately and the Construction
Manager shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction
Change Directive..
§7.4 Minor Changes in the Work
The Architect has authority to order minor changes in the Work not involving adjustment in the Contract
Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes will be effected by written order issued through the Construction Manager and shall be
binding on the Owner and Contractor.
ARTICLE 8 TIME
§8.1 Definitions
§8.1.1 Unless otherwise provided,Contract Time is 180 days unless amended by written agreement of both
parties.
§8.1.2 The date of commencement of the Work is the date established in the Agreement.
§8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section
9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
§8.2 Progress and Corn pletion
§8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the
Agreement,the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,
prematurely commence operations on the site or elsewhere prior to the effective date of insurance required
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by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall
not be changed by the effective date of such insurance.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial
Completion within the Contract Time.
§8,3 Delays and Extensions of Time
§8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or
neglect of the Owner, Owner's own forces, Construction Manager, Architect, any of the other Multiple
Prime Contractors or an employee of any of them,or by changes ordered in the Work,or by labor disputes,
fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,or
by other causes that the Architect,based on the recommendation of the Construction Manager,determines
may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as
the Architect may determine.
§8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8,3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other
provisions of the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§9.1 Contract Sum
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount
payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
§9.2 Schedule of Values
Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall
submit to the Construction Manager, before the first Application for Payment, a schedule of values
allocating the entire Contract Sum to the various portions of the Work and prepared in such form and
supported by such data to substantiate its accuracy as the Construction Manager and Architect may require.
This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for
reviewing the Contractor's Applications for Payment.In the event there is one Contractor,the Construction
Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime
Contractors responsible for performing different portions of the Project, the Construction Manager shall
forward the Multiple Prime Contractors' schedules of values only if requested by the Architect.
§9.3 Applications for Payment
§ 9.3.1 The Contractor shall submit to the Construction Manager an itemized Application for Payment
prepared in accordance with the schedule of values, if required under Section 9.2,for completed portions
of the Work. Such application shall be notarized,if required,and supported by such data substantiating the
Contractor's right to payment as the Owner,Construction Manager or Architect may require,such as copies
of requisitions from Subcontractors and material suppliers,and shall reflect retainage if provided for in the
Contract Documents.
§9.3,1.1 As provided in Section 7.39,such applications may include requests for payment on account of
changes in the Work that have been properly authorized by Construction Change Directives,or by interim
determinations of the Construction Manager and Architect,but not yet included in Change Orders,
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for
which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been
performed by others whom the Contractor intends to pay.
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§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of
materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.
If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably
stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or
off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the
Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's
interest, and shall include the costs of applicable insurance, storage and transportation to the site for such
materials and equipment stored off the site.
§9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to
the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an
Application for Payment all Work for which Certificates for Payment have been previously issued and
payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,
be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor,
Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided
labor,materials and equipment relating to the Work.
§9.4 Certificates for Payment
§ 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the
Construction Manager's receipt of the Contractor's Application for Payment, review the Application,
certify the amount the Construction Manager determines is due the Contractor,and forward the Contractor's
Application and Certificate for Payment to the Architect.Within seven days after the Architect receives the
Contractor's Application for Payment from the Construction Manager,the Architect will either issue to the
Owner a Certificate for Payment,with a copy to the Construction Manager,for such amount as the Architect
determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's
reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction
Manager will promptly forward to the Contractor the Architect's notice of withholding certification.
§ 9.4.2 Within seven days after the Architect receives the Project Application and Project Certificate for
Payment and the Summary of Contractors' Applications for Payment from the Construction Manager,the
Architect will either issue to the Owner a Project Certificate for Payment,with a copy to the Construction
Manager,for such amount as the Architect determines is properly due,or notify the Construction Manager
and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided
in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding
certification to the Contractors.
§9.4.3 The Construction Manager's certification of an Application for Payment or,in the case of Multiple
Prime Contractors,a Project Application and Certificate for Payment shall be based upon the Construction
Manager's evaluation of the Work and the information provided as part of the Application for Payment.
The Construction Manager's certification will constitute a representation that, to the best of the
Construction Manager's knowledge,information and belief,the Work has progressed to the point indicated
and the quality of the Work is in accordance with the Contract Documents. The certification will also
constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified.
§9.4.4 The Architect's issuance of a Certificate for Payment shall be based upon the Architect's evaluation
of the Work, the recommendation of the Construction Manager, and information provided as part of the
Application for Payment or Project Application for Payment. The Architect's certification will constitute a
representation that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated,that the quality of the Work is in accordance with the Contract Documents,
and that the Contractor is entitled to payment in the amount certified.
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§ 9.4.5 The representations made pursuant to Article 9.4 are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and
inspections, to correction of minor deviations from the Contract Documents prior to completion and to
specific qualifications expressed by the Construction Manager or Architect.
§9.4.6 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be
a representation that the Construction Manager or Architect has (1)made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work,(2)reviewed the Contractor's construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment or(4)made examination to ascertain how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
§9.5 Decisions to Withhold Certification
§ 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project
Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in
the Construction Manager's or Architect's opinion the representations to the Owner required by Section
9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify payment in
the amount of the Application,the Construction Manager will notify the Contractor and Owner as provided
in Section 9.4.1 and 9.4.3.If the Contractor,Construction Manager and Architect cannot agree on a revised
amount,the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for
the amount for which the Architect is able to make such representations to the Owner. The Construction
Manager or Architect may also withhold a Certificate for Payment or,because of subsequently discovered
evidence or subsequent observations,may nullify the whole or a part of a Certificate for Payment or Project
Certificate for Payment previously issued, to such extent as may be necessary in the Construction
Manager's or Architect's opinion to protect the Owner from loss for which the Contractor is responsible,
including loss resulting from the acts and omissions described in Section 3.3.2 because of:
.1 defective Work not remedied;
.2 third-party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials
or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract
Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that
the unpaid balance would not be adequate to cover actual or liquidated damages for the
anticipated delay;or
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for
amounts previously withheld.
§9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1,
the Owner may,at its sole option,issue joint checks to the Contractor and to any Subcontractor or material
or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or
material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall
notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate
for Payment.
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§9.6 Progress Payments
§ 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract Documents, and
shall so notify the Construction Manager and Architect.
§9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from
the Owner the amount to which the Subcontractor is entitled,reflecting percentages actually retained from
payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall,
by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-
Subcontractors in a similar manner.
§9.6.3 The Construction Manager will, on request,furnish to a Subcontractor,if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by
the Owner, Construction Manager and Architect on account of portions of the Work done by such
Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has
properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the
Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days,the
Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.
Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the
payment of money to a Subcontractor except as may otherwise be required by law.
§9,6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that
provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project
by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract
Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers
shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished
materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing
contained herein shall require money to be placed in a separate account and not commingled with money
of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach
of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for
breach of the requirements of this provision.
§9.7 Failure of Payment
If the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate
for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager's
receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within
seven days after the date established in the Contract Documents the amount certified by the Construction
Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven
additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until
payment of the amount owing has been received. The Contract Time shall be extended appropriately and
the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay
and start-up,plus interest as provided for in the Contract Documents.
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§9.8 Substantial Completion
§9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion
thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or
utilize the Work for its intended use.
§9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall notify the Construction Manager, and the
Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list
of items to be completed or corrected prior to final payment. Failure to include an item on such list does
not alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents.
§9.8.3 Upon receipt of the list,the Architect,assisted by the Construction Manager,will make an inspection
to determine whether the Work or designated portion thereof is substantially complete. If the Architect's
inspection discloses any item, whether or not included on the list, which is not sufficiently complete in
accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the
Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the
Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In
such case,the Contractor shall then submit a request for another inspection by the Architect, assisted by the
Construction Manager,to determine Substantial Completion.
§9.8,4 When the Architect,assisted by the Construction Manager,determines that the Work or designated
portion thereof is substantially complete, the Construction Manager will prepare, and the Construction
Manager and Architect shall execute a Certificate of Substantial.Completion that shall establish the date of
Substantial Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.
§9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their
written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and
consent of surety,if any, the Owner shall make payment of retainage applying to such Work or designated.
portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the
requirements of the Contract Documents.
§9.9 Partial Occupancy or Use
§9,9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any
stage when such portion is designated by separate agreement with the Contractor,provided such occupancy
or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities
having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat,
utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction
of the Work and commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete,the Contractor and Construction Manager shall jointly prepare
and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be
determined by written agreement between the Owner and Contractor or, if no agreement is reached, by
decision of the Architect after consultation with the Construction Manager.
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§9.9.2 Immediately prior to such partial occupancy or use,the Owner, Construction Manager, Contractor
and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
§9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall
not constitute acceptance of Work not complying with the requirements of the Contract Documents.
§9.10 Final Completion and Final Payment
§9.10,1 Upon completion of the Work,the Contractor shall forward to the Construction Manager a written
notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction
Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will
evaluate the completion of Work of the Contractor and then forward the notice and Application,with the
Construction Manager's recommendations,to the Architect who will promptly make such inspection.When
the Architect,finds the Work acceptable under the Contract Documents and the Contractfully performed,
the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project
Certificate for Payment stating that to the best of their knowledge; information and belief,and on the basis
of their on-site visits and inspections,the Workhas been completed in accordance with terms and conditions
of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final
Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment
or Project Certificate for Payment will constitute a further representation that conditions listed in Section
9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
§9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor
submits to the Architect through the Construction Manager(1)an affidavit that payrolls,bills for materials
and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's
property might be responsible or encumbered (less amounts withheld by Owner) have been paid or
otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain
in force after final payment is currently in effect and will not be canceled or allowed to expire until at least
30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows
of no substantial reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to fmal payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts,releases and waivers of liens, claims,
security interests or encumbrances arising out of the Contract,to the extent and in such form as may be
designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,
the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If
such lien remains.unsatisfied after payments are made,the Contractor shall refund to the Owner all money
that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable
attorneys'fees.
§9,10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through
no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Construction
Manager and Architect so confirm, the Owner shall,upon application by the Contractor and certification
by the Construction Manager and Architect, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work
not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds
have been furnished, the written consent of surety to payment of the balance due for that portion of the
Work fully completed and accepted shall be submitted by the Contractor to the Architect through the
Construction Manager prior to certification of such payment. Such payment shall be made under terms and
conditions governing final payment, except that it shall not constitute a waiver of Claims.
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§9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising
from
.1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents;or
.3 terms of special warranties required by the Contract Documents.
§9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute
a waiver of claims by that payee except those previously made in writing and identified by that payee as
unsettled at the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§10.1 Safety Precautions and Programs
The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract.The Contractor shall submit the Contractor's
safety program to the Construction Manager for review and coordination with the safety programs of other
Contractors. The Construction Manager's responsibilities for review and coordination of safety programs
shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors,
agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the
Work and not directly employed by the Construction Manager.
§ 10,2 Safety of Persons and Property
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage,injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work, materials and equipment to be incorporated therein, whether in storage on or off
the site, under care, custody or control of the Contractor or the Contractor's Subcontractors
or Sub-Subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,pavements,
roadways, structures and utilities not designated for removal,relocation or replacement in the
course of construction;and
.4 construction or operations by the Owner or other Contractors.
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes,
ordinances,codes,rules and regulations and lawful orders of public authorities bearing on safety of persons
or property or their protection from damage, injury or loss.
§10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the
Contract, reasonable safeguards for safety and protection, including posting clanger signs and other
warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites
and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods
are necessary for execution of the Work, the Contractor shall exercise utmost care and cant' on such
activities under supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under
property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2,
10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-Subcontractor,
or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable
and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4,except damage
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or loss attributable to acts or omissions of the Owner,Construction Manager or Architect or anyone directly
or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Section 3.18.
§ 10.2,6 The Contractor shall designate a responsible member of the Contractor's organization at the site
whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless
otherwise designated by the Contractor in writing to the Owner,Construction Manager and Architect.
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause
damage or create an unsafe condition.
§10.2.8 Injury or Damage to Person or Property
If either party suffers injury or damage to person or property because of an act or omission of the other
party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,
whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days
after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 Hazardous Materials
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract
Documents regarding hazardous materials.If the Contractor encounters a hazardous material or substance
not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent
foreseeable bodily injury or death to persons resulting from a material or substance, including but not
limited to, asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor, the
Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the
condition to the Owner,Construction Manager and Architect in writing.
§ 10.3.2 Upon receipt of the Contractor's written notice,the Owner shall obtain the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in
the event such material or substance is found to be present, to cause it to be rendered harmless. Unless
otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor,
Construction Manager and Architect the names and qualifications of persons or entities who are to perform
tests verifying the presence or absence of such material or substance or who are to perform the task of
removal or safe containment of such material or substance. The Contractor,the Construction Manager and
the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable
objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or
Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to
whom the Contractor,the Construction Manager and the Architect have no reasonable objection. When the
material or substance has been rendered harmless, Work in the affected area shall resume upon written
agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended
appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable
additional costs of shut-down,delay and start-up.
§10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of
them from and against claims, damages, losses and expenses,including but not limited to attorneys'fees,
arising out of or resulting from performance of the Work in the affected area if in fact the material or
substance presents the risk ofbodily injury or death as described in Section 10.3.1 and has not been rendered
harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property(other than the Work itself), except to
the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity.
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§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the
Contractor brings to the site unless such materials or substances are required by the Contract Documents.
The Owner shall be responsible for materials or substances required by the Contract Documents,except to
the extent of the Contractor's fault or negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for
remediation of a material or substance the Contractor brings to the site and negligently handles,or(2)where
the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and
expense are due to the Owner's fault or negligence.
§ 10.3.6If,without negligence on the part of the Contractor,the Contractor is held liable by a government
agency for the cost of remediation of a hazardous material or substance solely by reason of performing
Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and.
expense thereby incurred.
§10.4 Emergencies
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's
discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time
claimed by the Contractor on account of an emergency shall be determined as provided in Article .15 and
Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 Contractor's Liability Insurance
§11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor
from claims set forth below which may arise out of or result from the Contractor's operations and completed
operations under the Contract and for which the Contractor may be legally liable,whether such operations
be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or
by anyone for whose acts any of them may be liable:
.1 Claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed;
.2 Claims for damages because of bodily injury,occupational sickness or disease,or death of the
Contractor's employees;
.3 Claims for damages because of bodily injury,sickness or disease,or death of any person other
than the Contractor's employees;
,4 Claims for damages insured by usual personal injury liability coverage;
.5 Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property,including loss of use resulting therefrom;
.6 Claims for damages because of bodily injury, death of a person or property damage arising
out of ownership, maintenance or use of a motor vehicle;and
.7 Claims for bodily injury or property damage arising out of completed operations; and
.8 Claims involving contractual liability insurance applicable to the Contractor's obligations
under Section 3.18.
Insurance will be required in the following amounts:
• Commercial General Liability
a $1,000,000 aggregate or
a $600,000 per occurrence
a Automobile Liability
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AGENDA ITEM NO. 8.B
o $600,000 aggregate or
o $500,000 for personal injury and
o $100,000 for property damage
• Workers Compensation
a Statutory Limits
§ 11.1.2 The insurance required by Section 11.L1 shall be written for not less than limits of liability
specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether
written on an occurrence or claims-made basis, shall be maintained without interruption from the date of
commencement of the Work until the date of final payment and termination of any coverage required to be
maintained after final payment and, with respect to the Contractor's completed operations coverage,until
the expiration of the period for correction of Work or for such other period for maintenance of completed
operations coverage as specified in the Contract Documents.
§11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager
for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter
upon renewal or replacement of each required policy of insurance. These certificates and the insurance
policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the
Owner. An additional certificate evidencing continuation of liability coverage, including coverage for
completed operations, shall be submitted with the final Application for Payment as required by Section
9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required
by Section 11.1.2.Information concerning reduction of coverage shall be furnished by the Contractor with
reasonable promptness.
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents
to include(1)the Construction Manager,the Construction Manager's consultants,the Owner,the Architect,
and the Architect's consultants as additional insureds for claims caused in whole or in part by the
Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an
additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions
during the Contractor's completed operations.
§ 11.2 Owner's Liability Insurance
The Owner is a self-insured home-rule municipality and will maintain insurance requirements as such.
§11.3 Property Insurance
§ 11.3.1 Unless otherwise provided, the Owner may, at the Owner's option, purchase and maintain, in a
company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,
property insurance written on a builder's risk"all risk"or equivalent policy form in the amount of the initial
Contract Sum,plus value of subsequent Contract modifications and cost of materials supplied or installed
by others, comprising total value for the entire Project at the site on a replacement cost basis without
optional deductibles. Such property insurance will be maintained,unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such
insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other
than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
whichever is later.
§ 11.3.1.1 Property insurance, if Owner chooses to provide, shall be on an"all-risk"or equivalent policy
form and shall include,without limitation,insurance against the perils of fire(with extended coverage)and
physical loss or damage including,without duplication of coverage, theft,vandalism, malicious mischief,
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collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris
removal including demolition occasioned by enforcement of any applicable legal requirements, and shall
cover reasonable compensation for the Architect's,Contractor's,and Construction Manager's services and
expenses required as a result of such insured loss.
§11,3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and
with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing
prior to commencement of the Work.The Contractor may then effect insurance that will protect the interests
of the Contractor, Subcontractors and Sub-Subcontractors in the Work, and by appropriate Change Order
the cost thereof shall be charged to the Owner.
§11,3.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of
such deductibles.
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of
the Work in transit.
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance
company or companies providing property insurance have consented to such partial occupancy or use by
endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of
the insurance company or companies and shall,without mutual written consent,take no action with respect
to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.
§ 11.3.2 Boiler and Machinery Insurance. The Contractor shall purchase and maintain boiler and
machinery insurance required by the Contract Documents or by law, which shall specifically cover such
insured objects during installation and until final acceptance by the Owner; this insurance shall include
interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-Subcontractors in the
Work,and the Owner and Contractor shall be named insureds.
§ 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such
insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,
however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's
property,including consequential losses due to fire or other hazards however caused.
§11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or
other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include
such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both,
adjoining or adjacent to the site by property insurance under policies separate from those insuring the
Project, or if after final payment property insurance is to be provided on the completed Project through a
policy or policies other than those insuring the Project during the construction period,the Owner shall waive
all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss
covered by this separate property insurance. All separate policies shall provide this waiver of subrogation
by endorsement or otherwise.
§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each
policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all
generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each
policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits
will not be reduced,until at least 30 days'prior written notice has been given to the Contractor.
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§11.4 Performance Bond and Payment Bond
§ 11.4.1 The Owner shall require the Contractor to furnish bonds covering faithful performance of the
Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
required in the Contract Documents on the date of execution of the Contract.
§11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds
or shall authorize a copy to be furnished.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 Uncovering of Work
§ 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request
or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by
either, be uncovered for their observation and be replaced at the Contractor's expense without change in
the Contract Time.
§ 12.1,2 If a portion of the Work has been covered which the Construction Manager or Architect has not
specifically requested to observe prior to its being covered, the Construction Manager or Architect may
request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with
the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at
the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the
cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or one
of the other Contractors in which event the Owner shall be responsible for payment of such costs.
§ 12.2 Correction of Work
§ 12.2.1 Before or After Substantial Completion
The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing
to conform to the requirements of the Contract Documents,whether discovered before or after Substantial
Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,
including additional testing and inspections,the cost of uncovering and replacement,and compensation for
the Construction Manager's and Architect's services and expenses made necessary thereby, shall be at the
Contractor's expense.
§12.2.2 After Substantial Completion
§ 12.2,2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of
Substantial Completion of the Work or designated portion thereof, or after the date for commencement of
warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the
Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract
Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so,
unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner
shall give such notice promptly after discovery of the condition. During the one-year period for correction
of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the
correction, the Owner waives the rights to require correction by the Contractor and to make a claim for
breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during
that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with
Section 2.4.
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§ 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substantial Completion and the actual completion
of that portion of the Work.
§12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed
by the Contractor pursuant to this Section 12.2.
§12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the
Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed,of the Owner or separate contractors or other Multiple Prime Contractors
caused by the Contractor's correction or removal of Work that is not in accordance with the requirements
of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with
respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-
year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of
the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may
be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
§ 12.3 Acceptance of Nonconforming Work
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract
Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract
Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final
payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 Governing Law
The Contract shall be governed by the laws of the State of Texas with exclusive jurisdiction in Wichita
County.
§ 13.2 Successors and Assigns
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and
legal representatives to covenants, agreements and obligations contained in the Contract Documents.
Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole
without written consent of the other. If either party attempts to make such an assignment without such
consent,that party shall nevertheless remain legally responsible for all obligations under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing
construction financing for the Project,if the lender assumes the Owner's rights and obligations under the
Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such
assignment.
§ 13.3 Written Notice
Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member
of the firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent
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AGENDA ITEM NO. 8.B
by registered or certified mail or by courier service providing proof of delivery to,the last business address
known to the party giving notice.
§ 13.4 Rights and Remedies
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations,rights and remedies otherwise
imposed or available by law.
§ 13.4,2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall
constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to
act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in
writing.
§ 13.5 Tests and Inspections
§13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of
public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with
the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The
Contractor shall give the Construction Manager and Architect timely notice of when and where tests and
inspections are to be made so that the Construction Manager and Architect may be present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become
requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals
where building codes or applicable laws or regulations prohibit the Owner from delegating its cost to the
Contractor.
§ 13.5.2 If the Construction Manager, Architect,Owner or public authorities having jurisdiction determine
that portions of the Work require additional testing, inspection or approval not included under Section
13.5.1,the Construction Manager and Architect will,upon written authorization from the Owner, instruct
the Contractor to make arrangements for such additional testing, inspection or approval by an entity
acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and
Architect of when and where tests and inspections are to be made so that the Construction Manager and
Architect may be present for such procedures. Such costs,except as provided in Section 13.5.3, shall be at
the Owner's expense.
§ 13,5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal
failure of the portions of the Work to comply with requirements established by the Contract Documents,all
costs made necessary by such failure including those of repeated procedures and compensation for the
Construction Manager's and Architect's services and expenses shall be at the Contractor's expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the
Contract Documents,be secured by the Contractor and promptly delivered to the Construction Manager for
transmittal to the Architect.
§13.5.5 If the Construction Manager or Architect is to observe tests,inspections or approvals required by
the Contract Documents,the Construction Manager or Architect will do so promptly and,where practicable,
at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to
avoid unreasonable delay in the Work.
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AGENDA ITEM NO. 8.B
§ 13.6 Interest
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due
at such rate as the parties may agree upon in writing or, in the absence thereof,at the legal rate prevailing
from time to time at the place where the Project is located.
§ 13,7 Time Limits on Claims
The Owner and the Contractor shall commence all claims and causes of action,whether in contract, tort,
breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance
with the requirements of the final dispute resolution method selected in the Agreement within the time
period specified by applicable law, but in any case not more than 10 years after the date of Substantial
Completion of the Work. The Owner and the Contractor waive all claims and causes of action not
commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§14.1 Termination by the Contractor
§14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive
days through no act or fault of the Contractor or a Subcontractor, Sub-Subcontractor or their agents or
employees or any other persons or entities performing portions of the Work under direct or indirect contract
with the Contractor,for any of the following reasons:
.1 Issuance of an order of a court or other public authority having jurisdiction that requires all
Work to be stopped;
.2 An act of government, such as a declaration of national emergency that requires all Work to
be stopped;
.3 Because the Construction Manager has not certified or the Architect has not issued a
Certificate for Payment and has not notified the Contractor of the reason for withholding
certification as provided in Section 9.4, or because the Owner has not made payment on a
Certificate for Payment within the time stated in the Contract Documents;or
.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request,
reasonable evidence as required by Section 2.2.1.
§ 14.1.2 The Contractor may terminate the Contract if through no act or fault of the Contractor or a
Subcontractor, Sub-Subcontractor or their agents or employees or any other persons or entities performing
portions of the Work under direct or indirect contract with the Contractor,repeated suspensions, delays or
interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more
than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,
whichever is less.
§14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven
days'written notice to the Owner,Construction Manager and Architect,terminate the Contract and recover
from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by
reason of such termination,and damages.
§14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor
or a Subcontractor or their agents or employees or any other persons performing portions of the Work under
contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations
under the Contract Documents with respect to matters important to the progress of the Work,the Contractor
may, upon seven additional days' written notice to the Owner, Construction Manager and Architect,
terminate the Contract and recover from the Owner as provided in Section 14.1.3.
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AGENDA ITEM NO. 8.B
§ 14.2 Termination by the Owner for Cause
§14.2.1 The Owner may terminate the Contract if the Contractor:
.1 repeatedly refuses or fails to supply enough properly skilled workers, proper equipment, or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or
lawful orders of a public authority;
.4 substantial evidence that Contractor has abandoned the work or discontinued the performance
of the work and.failure to resume performance within a reasonable time after notice to do;
.5 substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the work;
.6 failure of the Contractor to promptly make good any defects in materials or workmanship, or
any defects of any nature,the correction of which has been directed in writing by the Owner;
.7 repeated and flagrant violations of safe working procedures;
.S the filing by Contractor of litigation against the Owner prior to final completion of the work;
or
.9 otherwise is guilty of substantial breach of a provision of the Contract Documents.
§14.2.2 When any of the above reasons exist,the Owner,after consultation with the Construction Manager,
and upon certification by the Initial Decision Maker that sufficient cause exists to justify such action,may
without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice,terminate employment of the Contractor and may,
subject to any prior rights of the surety:
.1 exclude the Contractor from the site and take possession of all materials, equipment, tools,
and construction equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Section 5.4;and
.3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon
written request of the Contractor, the Owner shall furnish to the Contractor a detailed
accounting of the costs incurred by the Owner in finishing the Work.
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the
Contractor shall not be entitled to receive further payment until the Work is finished.
§ 14,2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Construction Manager's and Architect's services and expenses made necessary
thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to
the Contractor.If such costs and damages exceed the unpaid balance,the Contractor shall pay the difference
to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall,upon application,
be certified by the Initial Decision Maker after consultation with the Construction Manager, and this
obligation for payment shall survive termination of the Contract.
§ 14.3 Suspension by the Owner for Convenience
§14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the
Work in whole or in part for such period of time as the Owner may determine.
§14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused
by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall
include profit.No adjustment shall be made to the extent:
.1 that performance is,was or would have been so suspended,delayed or interrupted by another
cause for which the Contractor is responsible;or
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AGENDA ITEM NO. 8.B
.2 that an equitable adjustment is made or denied under another provision of this Contract.
§14.4 Termination by the Owner for Convenience
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without
cause.
§14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,
the Contractor shall:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of
the Work;and
.3 except for Work directed to be performed prior to the effective date of termination stated in
the notice, terminate all existing subcontracts and purchase orders and enter into no further
subcontracts and purchase orders.
§14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive
payment for Work executed, and costs incurred by reason of such termination, along with reasonable
overhead and profit on the Work not executed.
ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 Claims
§ 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right,
payment of money, or other relief with respect to the terms of the Contract.The term"Claim"also includes
other disputes and matters in question between the Owner and Contractor arising out of or relating to the
Contract The responsibility to substantiate Claims shall rest with the party making the Claim.
§ 15.1.2 Notice of Claims.Claims by either the Owner or Contractor must be initiated by written notice to
the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and
Architect,if the Construction Manager and or Architect is not serving as the Initial Decision Maker.Claims
by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or
within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
§ 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise
agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with
performance of the Contract and the Owner shall continue to make payments in accordance with the
Contract Documents.The Construction Manager will prepare Change Orders and the Architect will issue a
Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial
Decision Maker.
§ 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the
Contract Sum,written notice as provided herein shall be given before proceeding to execute the Work.Prior
notice is not required for Claims relating to an emergency endangering life or property arising under Section
10.3.
§15.1.5 Claims for Additional Time
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as
provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable
effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary.
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AGENDA ITEM NO. 8.B
§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time,could not
have been reasonably anticipated and had an adverse effect on the scheduled construction.
§ 15.1.6 Claims for Consequential and Exemplary Damages. The Contractor and Owner waive Claims
against each other for consequential damages arising out of or relating to this Contract. This mutual waiver
includes:
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit,
financing, business and reputation,and for loss of management or employee productivity or
of the services of such persons;and
.2 damages incurred by the Contractor for principal office expenses including the compensation
of personnel stationed there,for losses of financing,business and reputation, and for loss of
profit except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to
preclude an award of liquidated damages, when applicable, in accordance with the requirements of the
Contract Documents.
§15.1.7 Liquidated Damages for Failure to Complete on Time. The time of completion is the essence
of this Contract. For each day that any work shall remain uncompleted after the time specified in the
Contract Documents, or the increased time granted by the Owner, shall be deducted from the money due
the Contractor at a rate of$240 per day.
The sum of money thus deducted for such delay, failure or non-completion is not to be considered as a
penalty but shall be deemed,taken and treated as reasonable liquidated damages,per day that the Contractor
shall be in default after the time stipulated in the Contractor for completing the work. The said amount is
fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme
difficulty of fixing and ascertaining the actual damages the Owner would sustain and which shall be retained
from the money due, or that may become due,to the Contractor under this Contract; and if such money be
insufficient to cover the amount owing,then the Contractor or its surety shall pay any additional amounts
due.
In the event actual damages incurred by the Owner exceed the amount of liquidated damages, Owner shall
be entitled to recover its actual damages.
§15.1.8 Waiver of Attorneys'Fees.If any action at law or in equity is necessary to enforce this agreement,
each party agrees to pay its own attorneys'fees and will not seek to recover its own attorneys' fees from
the other party. Contractor understands that Texas Local Government Code subchapter I, §271.153(a)(3)
provides that the total amount of money awarded in an adjudication brought against a governmental entity
for breach of a contract includes attorneys' fees. Both Contractor and the Owner expressly waive all
statutory and other rights to recover attorneys'fees pursuant to in §271.153(a)(3)and all other law.
§ 15.1.9 Waiver of Additional Damages. Contractor acknowledges that Texas Local Government Code
subchapter I, §271.153(a)(1)provides that the total amount of money awarded in an adjudication brought
against a governmental entity for breach of a contract brought under subchapter I includes any amount owed
as compensation for the increased cost to perform the work as a direct result of Owner-caused delays or
acceleration. Contractor expressly waives its statutory rights as outlined by§271.153(a)(1)and agrees that
it will not seek to recover from Owner any amount owed as compensation for the increased cost to perform
the work as a direct result of Owner-caused delays or acceleration
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AGENDA ITEM NO. 8.B
§ 15.2 Initial Decision
§15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10,shall be referred to
the Initial Decision Maker for initial decision:The Architect will serve as the Initial Decision Maker,unless
otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial
decision shall be required as a condition precedent to mediation of any Claim arising prior to the date fmal
payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker
with no decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the
Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than
the Owner.
§15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take
one or more of the following actions: (1)request additional supporting data from the claimant or a response
with supporting data from the other party, (2)reject the Claim in whole or in part, (3) approve the Claim,
(4)suggest a compromise,or (5) advise the parties that the Initial Decision Maker is unable to resolve the
Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the
Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be
inappropriate for the Initial Decision Maker to resolve the Claim.
§ 15.2.3 In evaluating Claims,the Initial Decision Maker may, but shall not be obligated to, consult with
or seek information from either party or from persons with special knowledge or expertise who may assist
the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to
authorize retention of such persons at the Owner's expense.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish
additional supporting data,such party shall respond,within ten days after receipt of such request,and shall
either(1) provide a response on the requested supporting data, (2)advise the Initial Decision Maker when
the response or supporting data will be furnished or(3)advise the Initial Decision Maker that no supporting
data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker
will either reject or approve the Claim in whole or in part.
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or
indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1)be
in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction
Manager, if the Architect or Construction Manager is not serving as the Initial Decision Maker, of any
change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the
parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding
dispute resolution.
ARTICLE 16 ANTI-BOYCOTT CONTRACT VERIFICATION
§ 16.1 Pursuant to Texas Government Code Chapter 2270,a company providing a good or service
must state by written verification from the company that it: (1) does not boycott Israel; and (2)will
not boycott Israel during the term of the contract.
Verification.
"I, , being over the age of eighteen years and in my official capacity
representing an entity that is a party to this contract with the City of Wichita Falls,hereby swear
and verify under oath:
37
PAGE 39 OF 53 PAGES
AGENDA ITEM NO. 8.B
(1) Entity does not boycott Israel; and
(2) Entity will not boycott Israel during the term of this contract"
Signature
38
PAGE 40 OF 53 PAGES
AGENDA ITEM NO. 8.B
IN WITNESS WHEREOF,the parties have executed this agreement on the dates indicated below.
City of Wichita Falls Marrs Patriot Construction,LLC
Darron J`.Leiker Signature
Printed name
Attest:
City Clerk
Approved as to form:
City Attorney
3u
PAGE 41 OF 53 PAGES
AGENDA ITEM NO. 8.B
Exhibit A
40
PAGE 42 OF 53 PAGES
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41 - - -
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to apply for the FY 2022
Patrick Leahy Bulletproof Vest Partnership Grant in the amount of
up to $11,025.00.
INITIATING DEPT: Police
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The City of Wichita Falls is eligible to apply for FY 2022 Patrick
Leahy Bulletproof Vest Partnership Grant. The Wichita Falls Police Department has
determined that 15 bulletproof vests will be purchased or replaced in FY 2022 for
officers. The total cost of this vest purchase is $11,025.00, which is $735.00 per vest.
The Grant reimburses local jurisdictions up to 50% of the cost of bulletproof vests; in
this case, the City would be eligible for up to $5,512.50 in reimbursement.
Staff recommends approval of the resolution.
® Police Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.0
Resolution No.
Resolution authorizing the City Manager to apply for the FY 2022
Patrick Leahy Bulletproof Vest Partnership Grant in the amount up to
$11,025.00
WHEREAS, the City of Wichita Falls has been notified that it is eligible for grant
funding from the Patrick Leahy Bulletproof Vest Partnership Grant; and,
WHEREAS, the City of Wichita Falls will submit an application to obtain the
available funds from the Patrick Leahy Bulletproof Vest Partnership Grant; and,
WHEREAS, the City of Wichita Falls will use these funds to purchase bulletproof
vests for the Wichita Falls Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to apply for grant funding for bulletproof
vests from the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant in the amount
up to $11,025.00.
PASSED AND APPROVED this the 19th day of July, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.0
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls 4B Sales Tax Corporation Board of Directors and amending the
budget to include funding up to $35,000 to Downtown Wichita Falls
Development, Inc. (DWFD) for the purchase and installation of
various streetscape elements downtown.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Pursue Public/Private Partnerships
COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The
corporation's authorizing unit will approve all programs and expenditures of a corporation
and annually review any financial statements of the corporation."
Timeline
• June 23, 2022 — Funding request received from DWFD;
• July 7, 2022 — Corporation Board conducts public hearing and approves request;
• July 19, 2022 — City Council to consider approving budget amendment facilitating
project.
At its July 7, 2022 meeting, the Type B Board approved funding in an amount not to
exceed $35,000 to DWFD, Inc. to support the overall $40,000 purchase of various
streetscape elements to be placed in the public space for the public's benefit at various
locations downtown. The proposed items include benches, trash cans, pole banners, and
pet waste stations (see attached from DWFD).
If the funding request supporting the project is approved, (1) all maintenance and costs
therein of the items will be by DWFD, and (2) permits, if necessary, from the City for the
placement of such items in the public right-of-way will be obtained prior to placement.
The organization's executive director will be at the meeting to make a presentation and
to answer questions.
Staff recommends approval of the resolution.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Review
PAGE 1 OF 12 PAGES
AGENDA ITEM NO. 8.D
® City Attorney Review
® City Manager Approval
PAGE 2 OF 12 PAGES
AGENDA ITEM NO. 8.D
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Type B Sales Tax Corporation Board of Directors and amending
the budget to include funding up to $35,000 to Downtown Wichita Falls
Development, Inc. (DWFD) for the purchase and installation of various
streetscape elements downtown
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 July 7, 2022, the Wichita Falls Type B Sales Tax Corporation
approved the project listed below and as stated in its agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The Wichita Falls Type B Sales Tax Corporation's approval and funding of the
following programs and expenditures, in a total amount not to exceed $35,000 as
described below and in said corporation's agenda, is approved:
An amount up to$35,000 to Downtown Wichita Falls Development, Inc.
(DWFD) for the purchase and installation of various streetscape
elements downtown.
2. The current fiscal year budget of the Type B Sales Tax Corporation is amended
to provide for the aforementioned expenditures and changes thereto.
PASSED AND APPROVED this the 19th day of July, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 12 PAGES
AGENDA ITEM NO. 8.D
Wichita Falls Type B Sales Tax Corporation
July 7, 2022
ITEM/SUBJECT: Public hearing and consideration of a funding request from
Downtown Wichita Falls Development, Inc. for various streetscape
improvements downtown.
ATTACHMENTS: request from DWFD, Inc.
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Enhance focus on culture, arts, and entertainment
Staff Summary:
The funding request from DWFD, Inc (attached) is for $35,000 to support the overall
$40,000 purchase of various streetscape elements to be placed in the public space for
the public's benefit at various locations downtown. The proposed items include benches,
trash cans, pole banners, and pet waste stations.
If the funding request supporting the project is approved, (1) all maintenance and costs
therein of the items will be by DWFD, and (2) permits, if necessary, from the City for the
placement of such items in the public right-of-way (ROW) will be obtained prior to
placement.
The organization's executive director will be at the meeting to make a presentation and
to answer questions.
As the proposal advances the City's Strategic Plan, the overall aesthetic and function of
our City's downtown, and at minimal to zero recurring cost to the taxpayers, City staff
recommends approval.
PAGE 4 OF 12 PAGES
AGENDA ITEM NO. 8.D
611
c 19111Pliqi
Judge Gary W,Rutter l7{ti T
_ _
Chairmen June 2Z,2022
VV H I ,- ,c; I- A I N.
Reheom Pantie tt.i DEVELOP F1' T
V1 a Ghalrmah 413 Sales Tax Corporation Board of OirectOr5
Rodney Cam Peal Menzies,Assistant City Manager.City of Wichita Falls
Treasurer
Carla 12ogort
Secretary
Jana Schroeder,Executive Director,Downtown Wichita Fella Development,Inc.
John Dickinson
Guy Dunn
Jool Fla rtniongrubor t'i1 r'lw^ierhyi$5,
Denton Helmer Attached you w+IP find a fundCng requeet for the 4ESTC. on 64;f-a,F s:f Downtown
Wichita Fails DevelDprrient,Inc.for .pgrares to the Dow,-,toArr. Etrer?tEGape.
sper Littc Llregl
The 5uR}ni1551ort package includes a project overvieW, breakdown cF speGFic
Cody Mngana ejects,and the requested annou9t,
Mario ear i rex i luo forware to Shari'g :;ur p-oiect sr,eelfiC'r In person, Should any addltlonal
Gi+ rlc Rhoades rams t *eipUeaTed,my co-tar t .nf irrnatlOrn 1s betpw,
Tyler Sales
Non rie Wlneingrr
��r L J/ li
Jana Schroeder a n li.r`1 1 C .►'r
Exeicuuai Director Exacaitivo Director,DWFD
Jeanette Churns
Marketing Director
Phone. Emelt Addren. _
PAGE 5 OF 12 PAGES
AGENDA ITEM NO. 8.D
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PAGE 6 OF 12 PAGES
AGENDA ITEM NO. 8.D
PROJECT
Downtown Wichita Falls Development project overview: DWFD seeks to
continue community development projects, in line with the Frees & Nichols
streetscapes plan supported by 4B, With a history of completing successful
hardscape and aesthetic projects, we are f OCI,J F,eri on creating and enhancing a
quality of place for residents and visitors. The projects listed below will enhance
gateways and corridors along the main thoroughfares, making it more walkable
and inviting, while also providing infrastructure to keep our sidewalks, streets
and greenspaces free of debris,
Many Prick Total
V.50 3ta,5 70
Trash Gans $750 $10,500
Pure Fanners 70 $110 9-4-.100
Pet S at4orks $200
TOTAL PROJECT COST: ,000
with shipping and installation fees
DWFD CONTRIBUTION:N: 5,0 0 + MAINTENANCE
E
4B REQUEST: $35,000
PAGE 7 OF 12 PAGES
AGENDA ITEM NO. 8.D
BENCHES
The recycled plastic benches would be
cohesive with the current benches in
Downtown that DWFD has purchased.
The dark green and wrought iron
if p details flow well with the Downtown
Streetscape Flan, in addition to the
new lighting poles and street lamps to
be installed in the district as approved
by Council.
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OP NOT Iran•
*Placement contingent on Property Management approval of encroachmeni:s
PAGE 8 OF 12 PAGES
AGENDA ITEM NO. 8.D
TRASH CANS
Downtown Wichita Falls Development
currently has 17 trash cons in the
district. This would add an additional
14 to the area. DWFD currently
contracts with Work Services
Corporation to empty the trash cans 3
days a week, and the cleanliness
project is endorsed by Project Pickup.
P
9
9
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arm
9
4
9
9
9
9
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9
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"Ptacerr nt contingent on Property Management approval of encroachments
PAGE 9 OF 12 PAGES
AGENDA ITEM NO. 8.D
POLE BANNERS
The project would include the addition of 70
pole banners located along the main u,
thoroughfare (down Scott Ave, and becoming
more concentrated at the caret, helping to ''�vitcd' ' �4' �+�
create o sense of destination. .Tov
Banners would be branded with the Downtown
logo and the taglrne, "The Mace to Be.", as well i,
as other Downtown campaigns_
MAP
P orwrie l our Bar.Yr l
p „ 9
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#ate
�'t+awrt 2L
'Plocernnt opproved by CWF Director of AT&T
PAGE 10 OF 12 PAGES
AGENDA ITEM NO. 8.D
PET` ST AT� I N S
The project would add 2 additioncl
pet stations to the district h-inging P,1 Willi E
the total to 2 at Park Central and 1
at Bud Daniel Park. More residents
means more pets and the need for
_PET WASTE
pet infrastructure.These will be ERAteskiixs P75E SE
lam An
Wooed in green spaces that petCLEAN LA5
owners are likely to stop when AFTER
yOV`1R Kr
taking their pets for c walk and they
ore in proximity to the Halt Hotel
Apartments, LoSalle Apartments,
and City Center Apartments_
MAP
Slaacns
.44
9 F I:o+^,la Fit
renlxal (iar'
Bud Uniel
PAGE 11 OF 12 PAGES
AGENDA ITEM NO. 8.D
RECAP
• 116 hardscape/branding pieces
• DWFD agrees to maintenance
TIMELINE
JULY 7: 4B Presentation and possible action
JULY 19: Council budget amendment/possible action
Lead time on products would allow time for shipping
and installation prior to Hotter'N Hell 100 2022. This
would make a significant difference when welcoming
visitors to the largest event in our city.
N'i��, , Y , m
'rr'Fr:t7/a(qq
ti:
R,at
kOlPi
PAGE 12 OF 12 PAGES
AGENDA ITEM NO. 8.D
CITY COUNCIL AGENDA
July 19, 2022
ITEM/SUBJECT: Appointments and Actions regarding Boards and Commissions
INITIATING DEPT: City Clerk
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: Terms for the 4B Sales Tax Corporation, Housing Authority Board
and Library Advisory Board expire on July 31, 2021, one term for the Helen Farabee
Board Trustees expires August 31, 2021, and there are midterm vacancies on the Park
Board, and Planning and Zoning Commission.
*4B Sales Tax Corporation: Glenn Barham, Darron Leiker, and Michael Mills are
eligible for and desire reappointment. Current applicants are Kevin Hunter, Carol Murray,
Lauren Olaya, Josh Phillips, and Tom Taylor.
*Helen Farabee Board of Trustees: Robert Clement's term expires August 31, 2022,
and he is eligible for and desires reappointment. Current applicant is Shammann Smith.
*Housing Authority Board: Ronnie London is eligible for and desires reappointment.
There are no additional applicants. These are mayoral appointments and do not
require council action.
Library Advisory Board: Kym Acuna and Jim Sernoe both desire reappointment, but
have met their term limit. Council can waive their term limit, or appoint new applicants.
Dena Webb — Place 8, and Emily Reeves — Place 9 have both resigned due to moving.
Current applicants are: Amy Bobrowitz, Marianne Dowdy, Abigail Eakin, Madeline
Eubanks, Stephanie Ingle, Larri Jean Jacoby, Jane Ketcham, Melisse McCartney, Shunta
McFadden, Diana Ramsey, Betty Richie, Shammann Smith, and Lisa Wyatt.
Park Board: Crystal Byrd — Place 11 and Charlie Zamastil both resigned due to moving.
Current applicants are: Craig Brown, Austin Cobb, Ben Filer, Kristen Garrison, Simeon
Hendrix, Stephanie Ingle, Josh Phillips, Luis Severin, and Shammann Smith.
*Planning and Zoning Commission: Anthony Vidmar— Place 1 resigned due to a work
conflict. Current applicants are: Matt Marrs, William Parkin, Aston Pecor, and Alan
Sizemore.
The Current Membership Rosters are attached. Applications will be sent to the council by
separate e-mail.
PAGE 1 OF 8 PAGES
AGENDA ITEM NO. 12.
Boards marked with an * can be discussed in executive session.
® City Clerk
ASSOCIATED INFORMATION: Current rosters.
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 8 PAGES
AGENDA ITEM NO. 12.
4B SALES TAX CORPORATION
PLACE NAME APPOINTED EXPIRATION DISTRICT
1 Tony Fidelie,Jr., Chair 06/21/2011 07/31/2023 1
06/04/2013
07/07/2015
07/05/2017
06/18/2019
07/20/2021
2 Rick Hatcher 06/04/2013 07/31/2023 3
07/07/2015
07/05/2017
06/18/2019
07/20/221
3 Glenn Barham 07/05/2016 07/31/2022 1
07/17/2018
07/07/2020
4 Darron Leiker 07/18/2006 07/31/2022 4
07/01/2008
07/06/2010
07/17/2012
07/01/2014
08/23/2018
07/07/2020
5 Nicholas Schreiber 06/18/2019 07/31/2023 4
07/20/2021
6 Michael Mills 12/01/2015 07/31/2022 3
07/05/2016
07/17/2018
07/07/2020
7 Dave Clark 12/04/2012 07/31/2023 1
06/04/2013
07/07/2015
07/05/2017
06/18/2019
07/20/2021
Current applicants: Kevin Hunter, Carol Murray, Lauren Olaya, Josh Phillips, and Tom
Taylor.
PAGE 3 OF 8 PAGES
AGENDA ITEM NO. 12.
HELEN FARABEE REGIONAL MHMR CENTERS BOARD OF
TRUSTEES
PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS
1 Verner Hayhurst, Chair 09/2010 08/31/2023 Archer, Clay, and
Montague Counties
2 Cindy Barksdale 04/2018 08/31/2022 Jack and Wise
Counties
3 Kathy Thorp 02/04/2016 08/31/2023 Throckmorton and
Young Counties
4 Lou Vail 12/06/2018 08/31/2023 Baylor, Haskell, and
Knox Counties
5 Joan Murray 01/01/2018 08/31/2023 Cottle, Dickens, and
King Counties
6 Van R. "Bill"White, Vice-Chair 12/2012 08/31/2022 Childress, Foard,
Hardeman, and
Wilbarger Counties
7 J. Brian Eby 09/2020 08/31/2022 Wichita County
8 Robert Clement 04/2004 08/31/2022 CWF
2018
07/07/2020
9 Steven Sullwold, Secretary 05/2017 08/31/2023 CWF
07/05/2017
06/18/2019
07/20/2021
10 Vacant 08/31/2022 WCSO
Ex-Officio
11 Pat Laughery 11/01/2019 08/31/2022 WCSO
Ex-Officio
Current applicant: Shammann Smith
PAGE 4 OF 8 PAGES
AGENDA ITEM NO. 12.
HOUSING AUTHORITY BOARD
PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT
1 Patricia Daughtery 07/02/2019 07/31/2023 2
07/20/2021
2 Steve Sparks 07/27/2015 07/31/2020 1
07/31/2016 07/31/2022
07/17/2018
07/07/2020
3 Kitty Howard 07/25/2015 07/31/2023
06/27/2017
07/02/2019
07/20/2021
4 Ronnie London 07/01/2014 07/31/2020 3
07/31/2016 07/31/2022
07/17/2018
07/07/2020
5 Shannon D. Gray 03/15/2022 07/31/2023 Tenant of Housing 2
Authority
No additional applicants. These are Mayoral appointments and do not require Council
action.
PAGE 5 OF 8 PAGES
AGENDA ITEM NO. 12.
LIBRARY ADVISORY BOARD
PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT
1 Kym Acuna 10/04/2016 07/31/2022 Term Limit 1
06/18/2019
2 Jim Sernoe 10/04/2016 07/31/2022 Term Limit 4
06/18/2019
3 Kristen Garrison 10/05/2021 07/31/2024 3
4 Daniel Juarez 07/07/2020 07/31/2023 3
5 Katherine Love 07/07/2020 07/31/2023 3
6 Emily Adams 07/31/2018 07/31/2024 3
07/20/2021
7 Suhua Huang 07/05/2017 07/31/2024 3
07/31/2018
07/20/2021
8 Vacant 07/31/2022
Vacant 07/31/2023
Alan Martin Non-voting ex officio,
President Friends of the
Library
Jana Hausburg Non-voting ex officio,
Library Administrator
Current applicants: Amy Bobrowitz, Marianne Dowdy, Abigail Eakin, Madeline
Eubanks, Stephanie Ingle, Larri Jean Jacoby, Jane Ketcham, Melisse McCartney,
Shunta McFadden, Diana Ramsey, Betty Richie, Shammann Smith, and Lisa Wyatt
PAGE 6 OF 8 PAGES
AGENDA ITEM NO. 12.
PARK BOARD
PLACE NAME APPOINTED EXPIRATION DISTRICT
1 Larri Jean Jacoby 12/15/2020 12/31/2023 1
2 Patrick Hearn 08/03/2021 12/31/2021 1
12/21/2021 12/31/2024
J
3 Jessica Traw 11/07/2017 12/31/2020 5
12/15/2020 12/31/2023
4 Sandy Fleming 12/18/2018 12/31/2021 1
12/21/2021 12/31/2024
5 Jim Heiman 12/18/2018 12/31/2021 4
12/21/2021 12/31/2024
6 Dr. Michael Battaglino 07/20/2021 12/31/2022 4
7 Dorcas Chasteen 12/21/2021 12/31/2024 4
8 Thomas Taylor 12/15/2020 12/31/2023 5
9 Alan Donaldson 07/05/2017 12/31/2022 3
12/03/2019
10 Vacant 12/31/2022
11 Vacant 12/31/2022
Current applicants: Michael Battaglino, Kristen Garrison, Patrick Hearn, and Holly
Scheller
PAGE 7 OF 8 PAGES
AGENDA ITEM NO. 12.
PLANNING AND ZONING COMMISSION
PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT
1 Vacant 12/31/2022
2 Blake Haney 12/06/2016 12/31/2021 3
11/07/2017 12/31/2023
12/03/2019
12/21/2021
3 Cayce Wendeborn 01/19/2016 12/31/2021 4
11/07/2017 12/31/2023
12/03/2019
12/21/2021
4 Wayne Pharries 12/21/2021 12/31/2022 Moved from Alt 1
12/21/2021
5 Noros Martin 12/03/2019 12/31/2021 1
12/21/2021 12/31/2023
6 Jeremy Woodward 02/19/2019 12/31/2019 Moved from Alt 1 4
12/03/2019 12/31/2022 12/15/2020
12/15/2020
7 Michael Grassi 09/03/2019 12/31/2021 Moved from Alt. 2 4
12/15/2020 12/31/2023 03/16/2021
12/21/2021
8 Steve Lane 10/04/2016 12/31/2020 Moved from Alt. 4
12/15/2020 12/31/2022 02/19/2019
9 David (Carl)Cook 05/09/2018 12/31/2020 Moved from Alt. 4
12/15/2020 12/31/2022 12/18/2018
10 Douglas McCulloch 03/15/2022 12/31/2023 Alternate 1 4
11 Steven Wood 03/15/2022 12/31/2022 Alternate 2 4
12 Mark McBurnett 01/19/2016 12/31/2021 SAFB Ex Officio 1
11/07/2017 12/31/2023
12/03/2019
12/21/2021
Current Applicants: Matt Marrs, William Parkin, Aston Pecor, and Alan Sizemore.
PAGE 8 OF 8 PAGES
AGENDA ITEM NO. 12.