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AGD 10/04/2022 City of Wichita Falls City Council Agenda Stephen Santellana, Mayor Bobby Whiteley, Mayor Pro Tem/At Large Michael Smith, District 1 � Larry Nelson, District 2 Ak4i4 ( Jeff Browning, District 3{�j�' Tim Brewer, District 4 ° 2,e• P14) TEXAS Steve Jackson, District 5 ;4 %•x id; Pme,5Afe5.#aiderk 0 ortrtnrties 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, October 4, 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/CityofWF) 3. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.com/cityofwf) Item # 1. Call to Order 2. (a) Invocation: Reverend John McLarty First United Methodist Church (b) Pledge of Allegiance 3. Presentations (a) Employee of the month - Charlene Carey, Recreation (b) Proclamation — Domestic Violence Awareness, First Step, Inc. (c) Proclamation — National Arts and Humanities Month, Wichita Falls Alliance for Arts & Culture (d) Proclamation - Financial Aid Awareness, Zavala & Café con Leche CONSENT AGENDA 4. Approval of minutes of the September 20, 2022 Regular Meeting of the Mayor and City Council. 5. Resolutions (a) Resolution authorizing the City Manager to execute the Joint Funding Agreement for Water Resources Investigations, Number 23SJJFATX039000, with the U.S. Geological Survey for $86,463.00 (b) Resolution authorizing the purchase of one (1) Automated Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of$357,932.00, one (1) Automated Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $368,353.00 and one (1) Automated Side Loader Crane Carrier Chassis LET2-46 through the BuyBoard Purchasing Cooperative from Bond Equipment Company, Inc. in the amount of $207,724.00 and Labrie Automated Right Hand 31 CY ASL through the BuyBoard Purchasing Cooperative from Reliance Truck & Equipment in the amount of $177,252.24 (c) Resolution authorizing the purchase of one (1) Front Loader through the TIPS Purchasing Cooperative from Ved Heritage Properties, Ltd. dba Volvo & Mack Trucks of Waco in the amount of$335,400.00 (d) Resolution authorizing the purchase of one (1) Commercial Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of$289,847.00 (e) Resolution approving extension of the contract for operation and maintenance of jointly owned lake and canal systems by the City of Wichita Falls and the Wichita County Water Improvement District No. 2 in the amount of$290,124.00 6. Receive Minutes (a) Planning & Zoning Commission, August 10, 2022 CITY COUNCIL AGENDA PAGE 2 OF 5 REGULAR AGENDA 7. Public Hearings & Ordinances (a) Conduct a public hearing and take action on an ordinance to rezone +/-4.11 acres of land located at 4413, 4415, & 4419 Sisk Road (G. Tompkins Addition, Lots 1, 2, & 3) from Light Industrial (LI) to Single Family 2 (SF-2) i. Public Hearing ii. Take Action (b) Conduct a public hearing and take action on an ordinance granting franchises for ambulance service to American Medical Response Ambulance Service, Inc. and Transtar Inc. i. Public Hearing ii. Take Action (c) Ordinance making an appropriation to the Special Revenue Fund for the Tuberculosis Prevention and Control Program Federal in the amount of $16,052 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same (d) Ordinance accepting funds in the amount of$421,136.36 received from the FY 2021 Assistance to Firefighters Grant (AFG) and authorizing the City Manager to execute contracts and other documents related thereto (e) Ordinance modifying the appropriations in the Sanitation Fund budget for the 2022-23 fiscal year to allocate $347,840.57 from Sanitation fund balance for the purchase of the Landfill Compactor through the Sourcewell Cooperative Purchasing from Yellowhouse Machinery Co. John Deere in the amount of$1,420,840.57, and declaring an emergency 8. Resolutions (a) Resolution appropriating a total of $173,800 of American Rescue Plan (ARPA) Funding for renovation of 2 restrooms located at the Health District (b) Resolution appropriating a total of $250,000 of American Rescue Plan (ARPA) Funding to the Arts Community through the Wichita Falls Alliance for Arts and Culture in compliance with all federal, state and local rules and requirements for use of the funds (c) Resolution appropriating a total of $1,500,000 of American Rescue Plan (ARPA) funding to support grants to local Nonprofit Organizations (d) A Resolution of the City of Wichita Falls, Texas, authorizing the City Manager to execute a professional services contract with McKool Smith, CITY COUNCIL AGENDA PAGE 3 OF 5 P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC for legal services on a contingent fee basis for collection of unpaid franchise fees subject to approval by the Office of the Attorney General (e) A Resolution of the City of Wichita Falls, Texas, finding that Oncor Electric Delivery Company LLC's ("Oncor" or "Company") application to change rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the Company and legal counsel (f) Resolution authorizing the purchase of one (1) Tymco Model 600 Regenerative Air Sweeper through the Houston-Galveston Area Cooperative (H-GAC) from Tymco, Inc. in the amount of$327,260.00 9. Other Council Matters 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 Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to Oncor and On-line streaming companies). 12. 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 CITY COUNCIL AGENDA PAGE 4 OF 5 language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the 28th day of September, 2022 at 4:00 o'clock p.m. (71 City Clerk CITY COUNCIL AGENDA PAGE 5 OF 5 CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Employee of the month. INITIATING DEPT: Recreation NAME: Charlene Carey DEPARTMENT: Recreation HIRE DATE: June 7, 2021 PRESENT POSITION: Recreation Program Coordinator COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, dinner for two and check for $100). ® Director of Human Resources ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 1 PAGES AGENDA ITEM NO. 3.A City of Wichita Falls =� City Council Meeting ,.,..�. Minutes , ham \\I;ldic4i4 5,74 , September 20, 2022 TEXAS �� $/ i* 4/& 97;rt t(e-5. Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in regular session at 8:30 a.m. on the above date in the Council Chambers at Memorial Auditorium with the following members present. Stephen Santellana - Mayor Bobby Whiteley - Mayor Pro Tem/At-Large Tim Brewer - Councilors Steve Jackson - Larry Nelson - Michael Smith - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Jeff Browning, Councilor District 3 Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Brian Bosworth, Floral Heights United Methodist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Page 1 of 15 Agenda Item No.4. Item 3a — Proclamation — National Forensic Week, Wichita Falls Police Department 8:32 a.m. Mayor Santellana read a Proclamation proclaiming September 18-24, 2022, as National Forensic Science Week in Wichita Falls and urged residents to express their appreciation for people, facilities, and technologies that make reliable forensic science possible in our community. Item 3b — Proclamation —Walk to End Alzheimer's, Alzheimer's Association 8:37 a.m. Mayor Santellana read a Proclamation proclaiming September 24, 2022 as Wichita Falls Walk to End Alzheimer's Day in Wichita Falls and welcomed everyone to participate in the largest event held to raise awareness and funds for the care, support, and research, so that one day we can have our first Alzheimer's survivor. Item 3c — Proclamation — National Hispanic Heritage Month, Wichita Falls Alliance for Arts and Culture and Zavala Hispanic Cultural Initiative 8:41 a.m. Mayor Santellana read a Proclamation proclaiming September 15, 2022, through October 15, 2022, as National Hispanic Heritage Month in Wichita Falls and called upon residents to build a community that is more just and peaceful, and celebrates the culture by taking part in events during this month long celebration. Mayor Santellana recognized the Zavala Hispanic Cultural Initiative, Potencia Projects, and the Mexican American Veterans Association of Wichita Falls, and the Zavala International Dancers performed a dance. Item 3d— Proclamation —Constitution Week, Daughters of the American Revolution 8:51 a.m. Mayor Santellana read a Proclamation proclaiming September 17-23, 2022, as Constitution Week in Wichita Falls and asked citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Item 3e — Professional Firefighters Association Presentation of MDA Award CITY COUNCIL MINUTES September 20, 2022 Page 2 Page 2 of 15 Agenda Item No.4. 8:54 a.m. Al Vitolo, Wichita Falls Professional Firefighters Association President, presented the MDA Award for collecting the fifth highest amount of money for MDA in Texas and Oklahoma, and thanked the Mayor and Council for allowing Wichita Falls Firefighters to collect for MDA on and off duty. MDA Fill the Boot begins this week and he encouraged citizens to give. Mayor Santellana congratulated them for collecting $54,708.80 last year and encouraged citizens to give more this year. Item 3f — Texas Commission on Environmental Quality Water Partners: Water Systems Helping Water Systems Award — City of Wichita Falls 8:56 a.m. Russell Schreiber, Director of Public Works, recognized the City of Wichita Falls Public Works Utility Division, and congratulated them for receiving the Texas Commission on Environmental Quality Water Partners: Water Systems Helping Water Systems Award. This award recognizes their hard work and dedication for not only keeping the city's water system up and running during Winter Storm Uri but also for assisting other municipal water systems in the area with emergencies, treatment processes, and getting their systems back up and running during the winter storm. Mr. Schreiber thanked the team for all they do on a daily basis to support the City of Wichita Falls and the entire region. Mayor Santellana expressed his appreciation and gratefulness for the Public Works Utility Division employees and congratulated them on receiving this award. Item 4-5 — Consent Items 9:02 a.m. Paul Menzies, Assistant City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith to approve the consent agenda. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 4 — Approval of Minutes of the September 6, 2022, Regular Meeting of the Mayor and City Council CITY COUNCIL MINUTES September 20, 2022 Page 3 Page 3 of 15 Agenda Item No.4. Item 5 — Receive Minutes (a) Wichita Falls Economic Development Corporation, June 6, 2022 (b) Wichita Falls-Wichita County Public Health Board, July 8, 2022 (c) Lake Wichita Revitalization Committee, August 9, 2022 Item 6a — Ordinance 41-2022 9:03 a.m. Ordinance reappointing Mike Whalen as Substitute Judge of the Municipal Court for a term of two years. Moved by Councilor Brewer to approve Ordinance 41-2022. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 6b(i) — Public Hearing on an Ordinance to rezone 1304 Trout St. from Single Family-2 (SF-2) to Planned Development — Mixed Use (PUD-MU) zoning district 9:04 a.m. Mayor Santellana opened the public hearing at 9:04 a.m. Terry Floyd, Director of Development Services, discussed the proposed rezoning project timeline and benefits. The project includes redevelopment of the former school building into 15 dwelling units and spaces to support two non-profits, and future Phase II projects. This is an owner initiated rezoning request and it was unanimously approved by the Planning and Zoning Commission, and staff recommends approval. Mr. Hegglund stated that Councilor Nelson does have an ownership interest in this property and he has complied with all state conflict of interest laws, filed an affidavit with the City Clerk prior to the meeting, and will recuse himself from discussion and voting on this item. CITY COUNCIL MINUTES September 20, 2022 Page 4 Page 4 of 15 Agenda Item No.4. Dr. Cinetrea Grace-Williams discussed the proposed project that will include future civic centric services in the area during Phase 1. Services will include the William Masters School of Theology, 619 Productions Arts Center, community room, auditorium, feeding program through Our Father's Kitchen, food pantry, and community garden. Pastor Kenneth Williams expressed his appreciation for the atmosphere and culture of Wichita Falls. Pastor Williams discussed the first part of Phase II, which would include constructing 14 apartment units that are ADA accessible and have a common area. Beverly Ellis, 1605 Parkdale, addressed the Council and asked why we are not able to get land from the community to build grocery stores, and why there are no service stations in the area. She expressed concerns with building apartment complexes when what they need in Eastside are houses, and stated she has asked for these things to be considered in the past. She asked the Council to consider development in Eastside, expressed her concerns about the developer's credentials, and expressed concerns about deals being made behind closed doors. Councilor Jackson asked if Pastor and Dr. Williams are residents of Wichita Falls. Pastor Williams stated that they are in the process of securing housing in Wichita Falls, but will keep their home in Fort Worth. Their interest is in serving this community to meet the needs of people in Wichita Falls, and he did not believe there was a requirement to be a resident of Wichita Falls to serve the community. He is not aware of any deals being made, but they have worked hard on this project and have not asked for any favors. His wife has served many non-profit communities throughout Texas over the past 20 years and they currently serve in Our Father's Kitchen serving meals six days a week to those in need. Dr. Cinetrea Grace-Williams addressed the question regarding her credentials and stated that she is a graduate of Texas Women's University, attended LSU, received her Life Coaching Degree, attended a Bible College, is an honorary doctoral recipient for Arts, Letters, and Publications, and has a doctoral degree. She has served communities for many years, was named one of the Great Women of Texas in 2013, and their non-profit has received awards from the City of Fort Worth and other cities. It is an honor to serve others, and she agreed that there is a need for a grocery store, would be honored to help with that need, and is willing to meet with anyone that would like to speak to them. Mayor Santellana addressed Ms. Ellis' concerns and acknowledged the need for grocery stores and service stations, but does feel that should hinder or stop a different kind of project in the area. He welcomes any type of development on Eastside and welcomes outside interests and investment in our community. Penny Rhodes, 1706 Avalon PI., addressed the Council and stated that she is excited about the new development, but agreed with Ms. Ellis and said she has been talking about these needs with the City for many years. There are certain things the city can do CITY COUNCIL MINUTES September 20, 2022 Page 5 Page 5 of 15 Agenda Item No.4. to entice businesses, and even before Vision 20/20, Wichita Falls hired a consultant that said development in downtown and Eastside had to be done. Affordable housing is needed to help citizens in Eastside become homeowners and beat the cycle of poverty. The need for a grocery store has been discussed for years, and maybe the City can piggyback off this project to bring other development in the area. Ms. Rhodes recognized former City Councilor, DeAndra Chenault for helping get the Dollar Store built in Eastside. Mayor Santellana closed the public hearing at 9:23 a.m. Item 6b(ii) — Ordinance 42-2022 9:24 a.m. Ordinance to rezone 1304 Trout St. (+/- 1.98 Acres out of Block 5, J.A. Scott Survey, No. 12, Abstract 269) and 1400 Trout St. (+/- 5.34 Acres out of Block 6, J.A. Scott Survey, No. 12, Abstract 269), from Single Family-2 (SF-2) to Planned Unit Development - Mixed Use (PUD-MU) zoning district to allow for civic centric development offering community social services and housing. Moved by Councilor Brewer to approve Ordinance 42-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Smith, and Whiteley Nays: Councilor Jackson Councilor Nelson recused himself from voting this item. Item 6c(i) — Public Hearing on an Ordinance to rezone 1811 E. Central Fwv., 1825 E. Central Fwv., and 0 E. Central Fwv from General Commercial to Light Industrial zoning district. 9:25 a.m. Mayor Santellana opened the public hearing at 9:25 a.m. Mr. Floyd discussed the proposed rezone project timeline and benefits of the project that would allow for the development of a heavy equipment sales and service center. This project was unanimously approved by the Planning and Zoning Commission and staff recommends approval. CITY COUNCIL MINUTES September 20, 2022 Page 6 Page 6 of 15 Agenda Item No.4. Steve Lin, CDS Muery, thanked the Council for their consideration, thanked staff for their assistance, and discussed the proposed project. The current plan is to develop the front portion of the building first, which will be a showroom and office space. Mayor Santellana asked how far they are along in the project, and Mr. Linn stated they are in the design phase and hope to submit plans to Development Services in October. Mayor Santellana closed the public hearing at 9:33 a.m. Item 6c(ii) — Ordinance 43-2022 9:33 a.m. Ordinance to rezone 1811 E. Central Fwy. (Lot 2, Block 1, Knox Addition), 1825 E. Central Fwy. (14.54 Acres of Block 16, Kemp & Newby Subdivision of DCSL A-33) and 0 E. Central Fwy. (10 Acres out of Lot 1, Block 1, Knox Addition) from General Commercial (GC)to Light Industrial (LI) zoning district and amend the Land Use Plan from Commercial to Light Industrial to allow for the development of a heavy equipment sales and service center. Moved by Councilor Brewer to approve Ordinance 43-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Mayor Santellana moved to Item 7(a) Item 7(a) — Resolution 110-2022 9:35 a.m. Resolution appropriating a total of $100,000 of American Rescue Plan (ARPA) Funding to the City's General Fund for a funding allocation to the Helen Farabee Centers for mental health and substance abuse services. Moved by Councilor Jackson to approve Resolution 110-2022. Motion seconded by Councilor Nelson and carried by the following vote: CITY COUNCIL MINUTES September 20, 2022 Page 7 Page 7 of 15 Agenda Item No.4. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7b — Resolution 111-2022 9:36 a.m. Resolution authorizing the City Manager to enter into a Master Services Agreement with HCH Enterprises Corp dba HCH Enterprises Corp providing professional services related to training for program management and administration of the City's American Rescue Plan Act(ARPA)funding plan in accordance with the U.S. Treasury State and Local Fiscal Recovery Fund (SLFRF) rules. Moved by Councilor Brewer to approve Resolution 111-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7c — Resolution 112-2022 9:38 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase replacement lockers, including installation, for Fire Stations 1, 2, 4, and 6 from Gear Grid, Inc. in the amount of $54,953.00 and appropriating American Rescue Plan Act (ARPA) funds for such Moved by Councilor Brewer to approve Resolution 112-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7d — Resolution 113-2022 CITY COUNCIL MINUTES September 20, 2022 Page 8 Page 8 of 15 Agenda Item No.4. 9:47 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase fifty (50) sets of personal protection equipment (PPE)from Casco Industries in the amount of $142,050.00 and appropriating American Rescue Plan Act (ARPA) funds for such. Moved by Councilor Whiteley to approve Resolution 113-2022. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7e — Resolution 114-2022 9:53 a.m. Resolution authorizing the City Manager to approve Change Order No. 2 for the 2022 Asphalt Rehabilitation Project to Freeman Paving, LLC in the amount of $149,875.00. Moved by Councilor Brewer to approve Resolution 114-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7f— Resolution 115-2022 9:56 a.m. Resolution of the City of Wichita Falls authorizing and approving the reappointments of individuals to the Board of Directors of the Nortex Housing Finance Corporation. Moved by Councilor Whiteley to approve Resolution 115-2022. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES September 20, 2022 PAGE 9 OF 15 Page 9 of 15 Agenda Item No.4. Item 7g — Resolution 116-2022 9:57 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) Budget for Fiscal Year 2022-23. Moved by Councilor Brewer to approve Resolution 116-2022. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 7h — Resolution 117-2022 10:06 a.m. Resolution authorizing the City Manager to execute all documents necessary and to appropriate American Rescue Plan (ARPA) funds for the purchase and installation of synthetic turf on the four (4) north fields at the Wichita Falls Sports Complex by Hellas Construction, Inc. in the amount of $3,300,000. Moved by Councilor Jackson to approve Resolution 117-2022. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Mayor Santellana returned to item 6d Item 6d(i) — Public Hearing on an Ordinance finding certain buildings and/or structures to be dangerous. 10:14 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 10 OF 15 Page 10 of 15 Agenda Item No.4. Mayor Santellana opened the public hearing at 10:14 a.m. Mr. Floyd, addressed the council and discussed the dangerous structure criteria, demolition process, notice timeline, and presented the following dangerous structures for demolition: 2001 11th St., main structure — Date of notice April 26, 2022, and there were no public comments. 1514 15th St., main structure — Date of notice April 22, 2022 and there were no public comments. 1516 15th St., main structure — Date of notice July 8, 2022 and there were no public comments. 1209 21st St., main structure — Date of notice June 21, 2022. Cassandra Castro, P.O. Box 664, and her fiancé addressed the Council and stated that they purchased this property together and would like to restore the property. There has been little progress due to recent high temperatures. Rita Miller discussed the fire that happened in 2018, and stated that since the property is not owner occupied, a contractor would have to be hired to complete the work, and if a restoration permit were granted the owners would have 90 days to have substantial completion of the restoration. There was brief discussion regarding the timeline and required resources. Ms. Miller stated that with a restoration permit the property stays on the list and if substantial completion is not met in 90 days the property would move forward on the demolition list. 1412 Bluff St., main structure — Date of notice April 25, 2022, and there were no public comments. 4430 Burkburnett Rd., main structure — Date of notice April 22, 2022, and there were no public comments. 600 Burnett St., main structure — Date of notice May 19, 2022. Rex Hendrix, 1707 Hayes, addressed the Council and stated that this building has a lot of potential, has been cleaned up and secured, and he had a buyer interested in putting in a cabinet shop until Code Enforcement placed the building on the demo list. There was brief discussion about the repairs needed and the 90 day timeline. Cody Melton, Fire Marshall, noted a permit has not been issued for work at this location, there was a fire in this building, and since the building is over 2500 sq. foot a sprinkler system will be required for a commercial business. Ms. Miller encouraged the potential buyer to schedule a predevelopment meeting before moving forward. 404 Dallas St., main structure — Date of notice April 25, 2022. This property has an active demolition permit, but staff recommends keeping this property on the list. There were no public comments. CITY COUNCIL MINUTES September 20, 2022 PAGE 11OF15 Page 11 of 15 Agenda Item No.4. 1610 Enterprise St., main structure — Date of notice April 25, 2022. A roofing permit was recently issued for this property. Jose Garcia, 1450 44th Street, addressed the Council and stated that he is currently accessing the roof to see if the building is worth saving. 2915 Kessler Blvd., main structure— Date of notice May 5, 2022, and there were no public comments. 811 Linda Ln., main structure — Date of notice April 28, 2022, and there were no public comments. 1220 Redwood Ave., main structure — Date of notice April 25, 2022, and there were no public comments. 916 E. Scott St., main structure — Date of notice May 5, 2022, and there were no public comments. Mayor Santellana closed the public hearing at 11:04 a.m. Item 6d(ii) — Ordinance 44-2022 11:04 a.m. Ordinance finding certain buildings and/or structures to be dangerous; requiring property owners to demolish said buildings and/or structures within thirty (30) days of the date of this ordinance and declaring an emergency and immediate effective date. Moved by Councilor Jackson to approve Ordinance 44-2022 and allow 1209 21st, 600 Burnett St., and 1610 Enterprise to obtain a restoration permit. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8a — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 11:06 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 12 OF 15 Page 12 of 15 Agenda Item No.4. Councilor Jackson stated that he appreciated the consideration to allow a 90-day extension for the three structures, especially for the young couple and the possible cabinet shop that would bring business downtown. He thanked everyone for attending, and being here for all of the proclamations, and encouraged citizens to get out and vote. Councilor Whiteley stated that he appreciates the Firefighters and the MDA award presented to the City Council, and encouraged everyone to support the MDA Fill the Boot campaign. He discussed the money appropriated for the bunker gear this morning being a big deal as cancer is the leading cause of death in firefighters across the nation. Carcinogens resulting from a fire are now more dangerous to firefighters than entering a burning building. In reference to the demolition properties, he stated that less than 1% of people that ask for a restoration permit actually complete the project. The Council is not against restoration, but past history has shown that these projects are hard to complete. Councilor Nelson enjoyed the carnival and thanked the MPEC for opening a concession stand when the carnival concession stands ran out of food. The carnival was very secure and he appreciated that, and feels like the MPEC is a better location than Sikes Senter. He thanked Blake Jurecek for the work on the baseball fields and asked for repairs to the concession stands at the sports complex. Councilor Jackson supported comments made by Councilor Whiteley regarding the MDA campaign, keeping fire gear clean to prevent cancer, and expressed his thanks to Fire Department for all they do for our community. Mayor Santellana recognized and welcomed four MSU students that attended the entire Council meeting. Councilor Smith reminded everyone of the recent Police Academy graduation where 13 new officers graduated, and stated it was a well-attended and inspiring event. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:35 a.m. Beverly Ellis, 1605 Parkdale, addressed the Council and stated she is very glad to be back in Wichita Falls and at the City Council meetings. She thanked the Council for allowing time for the young couple to restore their property and become taxpaying homeowners, and she thanked the Firefighters for watching out for our citizens. She was very happy to see the Zavala dancers and she looks forward to seeing them again at the October 8, 2022, Senior Expo. The 12th Annual Senior Expo will be at the Stone Palace, 1211 Indiana, from 9-2 on October 8, 2022. The Senior Benefit Resource Group is asking for assistance to identify resources available, and there will be 20-30 Vendors on sight to provide information to senior citizens and disabled adults. Ms. Ellis thanked the members CITY COUNCIL MINUTES September 20, 2022 PAGE 13 OF 15 Page 13 of 15 Agenda Item No.4. of the U.S. Army as she is a veteran, and she thanked the MSU students that attended today. Item 10 — Executive Session City Council adjourned into Executive Session at 11:19 a.m. in accordance with Texas Government Code §551.74. City Council reconvened at 11:31 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Item 11 —Appointments to Boards and Commissions 11:02 a.m. Moved by Councilor Smith to reappoint Darron Leiker to Place 1 on the Type A Wichita Falls Economic Development Corporation with a term to expire 09/30/2025. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Nelson, Smith and Whiteley. Nays: Councilor Jackson Moved by Councilor Smith to appoint Kari Shaw to Place 3 on the Lake Wichita Revitalization Committee with a term to expire 07/31/2027. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith and Whiteley. Nays: None Item 12 —Adjourn Mayor Santellana adjourned the meeting at 11:34 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 14 OF 15 Page 14 of 15 Agenda Item No.4. PASSED AND APPROVED this 4th day of October 2022. Stephen Santellana, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES September 20, 2022 PAGE 15 OF 15 Page 15 of 15 Agenda Item No.4. CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution authorizing the City Manager to execute the Joint Funding Agreement for Water Resources Investigations, Number 23SJJFATX039000, with the U.S. Geological Survey for$86,463.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: For 33 years, the City of Wichita Falls has participated in funding existing gauging stations operated and maintained by the U.S. Geological Survey (USGS). The stations the City has historically participated in funding are listed below: ■ Wichita River: @ FM 368 @ Loop 11 @ Seymour Texas ■ Little Wichita River: @ Hwy 79 @ Lake Arrowhead @ HWY 287 ■ Holliday Creek ■ Diversion Lake near Dundee, TX ■ South Wichita River near Benjamin, TX The purpose of the stations is to monitor lake levels, track water rights requirements, monitor water quality, and serve as a flood warning system. Additionally, the water quality monitoring is essential to track the water pH and conductivity for the City's Reverse Osmosis (RO) Plant at Cypress Water Treatment Plant that discharges into the Wichita River. This data will assist with future permit renewals and approvals potentially impacting the RO Plant operations. The regional USGS gauge locations are depicted on the attached map. The total cost to operate and maintain the stations for 2022-2023 is $113,880.00. The City will fund $86,463.00 for the annual operations and maintenance costs with the USGS funding $27,417.00. Funding for this agreement is budgeted from two funding sources; Water/Sewer Fund and Stormwater Utility Fund in the amount of $86,463.00. Staff recommends approving PAGE 1 OF 8 PAGES AGENDA ITEM NO. 5.A the Joint Funding Agreement with the USGS in the amount of $86,463.00 for the annual maintenance and operations of nine gauging stations. ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Agreement, and Location Map ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 8 PAGES AGENDA ITEM NO. 5.A Resolution No. Resolution authorizing the City Manager to execute the Joint Funding Agreement for Water Resources Investigations, Number 23SJJFATX039000, with the U.S. Geological Survey for $86,463.00 WHEREAS, the City of Wichita Falls desires to enter into joint funding agreement with the U.S. Geological Survey to operate and maintain a series of stream flow and reservoir-content gauging stations within the Little Wichita River Water Shed; and, WHEREAS, U.S. Geological Survey is proposing to do this work for an amount of $86,463.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Joint Funding Agreement for Water Resources Investigations, Number 23SJJFATX039000, with the U.S. Geological Survey is approved in the total amount of $86,463.00, and the City Manager is authorized to execute the agreement with the said agency for the operations and maintenance of such gauging stations. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 8 PAGES AGENDA ITEM NO. 5.A Form 9-1366 LI ;, C:e:;; =nen:of the Interior Customer 4:6000000H9 (May20181 LI StrFvey Agreement#:235JJFATXI 39000 ..: rt F_: 'chi— ert Project#:5Jo09ME F I_: TIN it:75-6000714 Wat&I ¢itions Fixed Cost Agreement YES(X]NO( ] THIS AGREEMENT is entered into as of the October 1,2D22,by the U.S.GEOLOGICAL SURVEY,Oklahoma-Texas Water Science Center,UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the City of Wichita Falls party of the second part 1.The parties hereto agree that subject to tre av3 l bility of a.pp•cpriaticns and in accordance with their respective authorities there shall be m3 .:_,: a -.-e...._. .._. :.:.,•;e Investigations(per attachment),herein called the program.The USGS legal aLthc.ri.y is 43 JSC 36C;43 JSC: O.and 43 USC 50b_ 3.The fcllow'ng an-cuis s- ll he ccrtihutec :c dove:.a I of tie cos:cf tie re.es=a y field and analytical work directly related to this prcg•am 2iD:• nclt+ce t':iJ-Ce -:es r tie amoi-nto=5J.J0 (a) $27,417 by the par.y of tie first Da- :1.r nil:he period Cc:obe• 1, 2022 to Seo:e--oe• 2J23 (b) $136,463 by the pry of the second part duriong the period October 1,2022 to September 30,2+023 (c). Contributions are provided by the party of the first part through other USGS regional or national programs, In the amount of:50 Description of the USGS regional/national program: (d) Add':iora'c•reduced amours by each party duriig the above Dercd or sjcce.edirg periods as may be cater}re:I _•, m_r._al ag,•ee-€rt 3-c set`d-i i ar e:.h3-^ye :=leie°s :•etsv=ei:-e 2:3rtes. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3.The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4.-ie=ielc a :l arc;':i:3'w: t: -is •a-- s-a I be under the direction of or subject to periodic review by 3r autiorzea •ep•eseit.:i'ae of tie party of tree first part. 5.Tie a.rea.s tc De irc&jced r:-e p•og•a.m sh:.l'be determ'iec by rn.�:ua agteer-ert"_.etweer tie part es hereto or tie•a_t-:rzeJ -eo;•eserra.ti•.es Tie me: c"Ja e p lye❑ n -e fe c 39- cff-ce sh3, be:-c=e 3cop:ec Li the rar.;of the first part to insure the required standards of accuracy st_b.e,t t: --:dification by mutual agreement_ 6.During the cc..roe of:- a ::•:• •:m,all fe d and analgt xa or D`=i:-er sta- p era ri-g::This _ror3-- shall be o pen to the ins:e M.ci a= a :: = p 3rt]'. 3 c i=the v.c'k is dot L e rig Da-tied c i i a mu:t.a.ly sa:isfactor, manner, either party ma.; :e1 -ate:-.s e-n it up.- EJ c=,s wrter i.. ._:o tie oche Dirty. 7.The original records resulting from this program wilt be depos tad in the office of origin of those records.Upon request,copies of the original records will be provided to the office cf -e other party. B.The maps,records or reports resulting- :+ni this program sh i'', h e --ode ava :.: e ._ -• a DM,.as poss.b'e.-he naps. records or recoos io•-rahy....I be^:'-b isiec Dy tie F3'ty:=: -frst :ar. I- •sere° tie _: y cf tie secord oar.-e_en-eS the .ght:a p.iD sr tie res_i:_ This 3ic i=a e_ is p.iD she:l : The =cry :=the first-:r.=-al. _pci e:l_es:. DE=ur-isi_cby ie a-t; c• tie'r_:: ar.. at :.at. _=ors autaoe-o___roos=_sof rocu,t:isml r:ati3:fc i :h: ectigis :.:, vi3so _ arx. T-ereaps. recorJsorreo: o_i::•Ishedby e the-D3'.y'sh3 ccrt.3ii a.state--ere o=the c Doi:eta t•-=r_a:iors tet'.4'eei:he D.-es.The Par.e_ .c•:iowiedgethat sc ertii rfo•--a:ior aid data deve cpec as a resu.t of:re Scope.c ;`.'or+ : -.::,re subject to::•p i•:able USGS review,appro•wa 1,and release requirements,which are available on -e L.1.3_,F_.-c3^-=rt3 S.irDe '°a,tces websi..:e(h:tps:i;www.uses.pavrabautrorpanizationiscience-supportlscrence-auality-and-ir,te::•: -'-` :1=.-vital-science- p ra ctices). PAGE 4 OF 8 PAGES AGENDA ITEM NO.5.A For n 9-1366 U.S.. Department of tl•e Inxr.vr =. rt: _ _: 60.)C00CS09 ;May 2C1151 U.S. Geo.4gica .'r..:r __ = `t 4: 233.1JFAT7f039O00 Joint Funcli:lg Agreement : . .. = S-��9P 1E FOR = 7=-6000714 Water Resource Investigations E I s.+ ee -' : :. .._ e cere::: qua-terly n;: :es not paid - : :he billing date will bear Inte e=t. 1erat.ea. 3 : =. :ati;e cos-at -a an-t.a rate o-:rsuantthe Deo:Col.ection Act of 11 2,(codified at }, J.S.:=. ' 571 e=t,:: s-s:: .-e USGS Technical Point of Contact Customer Technical Point of Contact `lame -.-is:ne Bliokenstagf Name: Teresa Rose, P.E. Eanon Cn e`- n'tegrstec =ev_r.? 2 rector -:?cro �;'+_,,t3 :. .-_e Address: •KO-. 2t.-eet Address: C1 r_'. =e r. :r_et B cg 4 W Dh t: =3Is.TX 7$3U7 _p-t -'i pin. 751 15 —e eFnore: Telepr ore: ,E•32 3' : -C23 7'3 Fax: '32 i' --2 Email: teresa.r seiiivr ch ta`a sx.gov Email: ko icvters:arf usgs.gov USGS Billing Point of Contact Customer Billing Point of Contact Name: Kandis Bechar Name ?4_sel Scn'e bar EL..]Jet Ara xs: =i a :° :`=ublic Works Address: "1 W.Fell. 2t•eet 3 :Ig 2A Address: '2 _ 1L31 _:rt Worth_T'`-E'1 nr' pit ta =_,Is,TX 7E1 7 Telephone: 3E2.!31e-FC5: —eat no-e: -_ Fax: Fax: g43.-:a'-oe..r3 Email: a -er'jusgs.gov Email: russell.sahreiberenviciitafallstx.gav U.S.Geological Survey United,States City of Wichita Falls Department of Interior TI MOTH II9 14THf PA�INEsignatures Byl RAI IN )Date: s o •is co' Date: By Date: Name: T 'o:hy H.Raines Name: Title: =rector Title: By Date: Name: Title: By Date: Name: Title: PAGE 5 OF 8 PAGES AGENDA ITEM NO.5.A City of Wichita Falls 235JJ FATX03900 0 City of .:atior No. Duff. USGS Wichita lu :•er Descriplion Code Units Factor Funds Falls Funds Total Cost 001 SURFACE WATER .'i •:.y _,',nrc i:a R'r'Y__E i,'-.i =u I Range 2 train'c,v 2ta:cn OCONT 0.68 1 $5,466 $5,700 $11,1000 LACE Tu sa fun:ls 32.7'w Site Totals: $5,400 $5,700 $11,100 C731'gC6 Wichita River near .a---c_i'.TX Fu I ?Sibs 2tream`cw 2taton OCONT 0.68 1 $3,066 $8,100 $11,1000 (USACE Tu.sa funds$520.3) Site Totals: $3,000 $8,100 $11,100 3'2 ia- Lake near Dundee,TX F.eserwa7'2tc2e Orly RES-E 0.37 6.9 $1,037 $1,203 $2,244 LACE Tu ss.funds$3835) Site Totals: $1,037 $1,203 $2,240 C73112330 Wichita FIN at FM 368 nr Iowa Park,TX S:a2e,Continuous STGCONT 1 1 $0 $7,866 $7,800 Site Totals: $0 $7,800 $7,800 0731261 D Hcll'd ay Sk._t to Falls. FuI Rants2tr_amfc,ti'2 tat on OCONT 1 1 $0 S16,300 $18,300 Site Totals: $0 $16,300 $16,300 D73145601 Little Wichita River near Archer City,TX Full Range Streamflow Station OCONT 1 1 $5,865 $10,415 $18,300 Site Totals: $5,885 $10,415 $16,300 0i7314866 Lake Arrowhead near Henrietta,TX Reservoir Stage Only RES-E 1 1 $410 $6,340 $8,750 Site Totals: $410 $8,340 $6,750 07314966 Little Wichita River above Henrietta,TX Full Range Streamflow Station OCONT 1 1 $5,885 $10,415 $113,300 Site Totals: $5,885 $10,415 $16,300 SURFACE WATER TOTAL $21,617 $66,273 $07,890 003 'WATER QUALITY C7312506 4L"icnta River a:-'ti chita Falls,TX 0&t,' c',"r"ater-Q_al x F,'c r for T,SC 1 6.84 $5,800 $9,400 $15,290 Ccl 3.=:cn a-c ana y=ic v"-'ti a:er-Quai:y 7,an -'..SUER 6 10.94 $1U,766 $16,700 `0'3.1 cSSD.=e:l rc a', D iors 21322 6 1.0 Ds=cvei -_tren-.sa-c .-thD -os_hata 21734 6 1.0 Site Totals: $5,800 $20,190 $25,990 WATER QUALITY TOTAL $5,800 $20,190 $25,990 PAGE 6 OF 8 PAGES AGENDA ITEM NO.5.A CITY OF WIC HITA USGS FALLS TOTAL PROJECT FUNDS FUNDS COST SURFACE WATER.C0160 $21,617 $66,273 $87,890 WATER QUALITY:00380 $5,800 $20,1E10 $25,9CID PROJEC:TTOTAL S27.417 $96,463 $113,880. PAGE 7 OF 8 PAGES AGENDA ITEM NO.5.A 01 Q • a d O 1 c0 W Qp U z Q W 4 p 1 ii ! ll Ili ! IF '•, _ l m R '05 IfiIHfl ! I ! —t— a 1) q■ 44-41144 °'44 t 1 T • l s iK , ° of L_ ,, TT i I. 7n S —M , r'y] YY H �, Y ill 1,4:y..,,› t.•r, , 1 - . � 1 • \ , -1-..-t__411. . . .. . • .. . . . . . .' ; 4ice .- - -., ,' L • L ^-F ,r� f7� V '� L,✓ ♦fit - .ityz, 4,1-- >-- C ', 1 � a .J ' it"� `� \ , r•,r 1a ..d.2N31 1-131YI I.w 1 -1I R1NJI2,1 @ t ..01-H0.-.l 1110x,,-inUeRI..IIB F!Abll AtlllA]A 10001i'%01..1."'.,R'.+..J.10"3-u+ CITY COUNCIL AGENDA OCTOBER 4, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Automated Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of$357,932.00, one (1) Automated Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $368,353.00 and one (1) Automated Side Loader Crane Carrier Chassis LET2-46 through the BuyBoard Purchasing Cooperative from Bond Equipment Company, Inc. in the amount of $207,724.00 and Labrie Automated Right Hand 31 CY ASL through the BuyBoard Purchasing Cooperative from Reliance Truck & Equipment in the amount of$177,252.24. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: The Sanitation Division annually replaces three Automated Side Loaders (ASL) based on the age of the vehicle, mileage, and maintenance expenses. The ASLs are used for curbside solid waste collection. For FY22-23, the available cab and chassis production has been very limited. Bruckner Truck Sales, Inc. was able to locate a 2023 Mack model that will be available in May 2023 and allocate a 2024 Mack model set to build summer of 2023. Each ASL is comprised of a Mack LR64 cab and chassis from Bruckner Truck Sales, Inc. and a Labrie Automated Right Hand 31 CY Automated Sideloader for the unit cost of $357,932.00 and $368,353.00, respectively. The difference in price is based on the year manufactured. Unfortunately, Mack did not have any remaining chassis's available. Therefore, Staff investigated and recommends the purchase of a Crane Carrier LET2-46 with a Labrie Automated Right Hand 31 CY Automated Sideloader for the unit cost of$384,976.24. The three (3) ASLs are within the budgeted allocation for Collections equipment replacements in FY22-23. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. PAGE 1 OF 10 PAGES AGENDA ITEM NO. 5.B The Sanitation Division budgeted $1,780,523 for the purchases of 5 solid waste collection vehicles. The total cost for all 5 is less than the total budget amount. Staff recommends award for the purchase of three (3) turnkey automated side loaders through the H-GAC and BuyBoard Purchasing Cooperatives in the amount of$1,111,261.24. ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Quotes ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 10 PAGES AGENDA ITEM NO. 5.B Resolution No. Resolution authorizing the purchase of one (1)Automated Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $357,932.00, one (1) Automated Side Loader through the Houston- Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $368,353.00 and one (1) Automated Side Loader Crane Carrier Chassis LET2-46 through the BuyBoard Purchasing Cooperative from Bond Equipment Company, Inc. in the amount of$207,724.00 and Labrie Automated Right Hand 31 CY ASL through the BuyBoard Purchasing Cooperative from Reliance Truck & Equipment in the amount of $177,252.24 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering two (2)turnkey Automated Side Loaders through H-GAC Purchasing Cooperatives comprised of the Mack LR64 cab and chassis from Bruckner Truck Sales, Inc. and the Labrie Automated Right Hand 31 CY Automated Sideloader, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs; and WHEREAS, the City Council finds that Bond Equipment Company, Inc. is offering one (1) Crane Carrier LET2-46 cab and chassis through BuyBoard Purchasing Cooperatives and Reliance Truck& Equipment is offering one (1) Labrie Automated Right Hand 31 CY Automated Sideloader through BuyBoard Purchasing Cooperatives, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase three (3) turnkey automated side loaders through the H-GAC and BuyBoard Purchasing Cooperatives in the amount of $1,111,261.24. PAGE 3 OF 10 PAGES AGENDA ITEM NO. 5.B PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 4 OF 10 PAGES AGENDA ITEM NO. 5.B REPLACING: 1 ' _ : 1 M II M I LEAG w ------- 11 SANITATION 1153 2018 Mack LR613 47,747 SANITATION 1155 2018 Mack LR613 54,641 SANITATION 1162 2017 Mack LR613 67,363 , , A ,, ,,„ .. fir,,, ‘,... ,_,,.„r. 0 i., 1 o s , a ` e ; , * .�. yam,/ r' • it "... . A. . ' , ` 4 I ilk, __. . , Wiz . ,_ ._. w2....7 'to:4 ' :'',!, - . :: ii, , ,., - . r—„,, —ft - . ., .1, 1 alli ' 7,W.)..",,, .'.:1,1!„.:,' u •.. „lllYlyr. •u !,y,, FGQ4 '.` PAGE 5 OF 10 PAGES AGENDA ITEM NO. 5.B 13#41A-Sjia "" Bruckner Truck Sales, Inc. Retail Proposal I:ys August :.2022 CJS-OMER =.MAT 0'1 =' E'.T •.=::=.r.4L-r ity of Wichita Falls I =. • - . _ Na-e, .4c aress I ear: 2023 BODY Labrie ASL F711s.TX 73301 [Va..s M7ck P.F one: Cel: el: LRc Teresa R.)-se Err ail: teresa.rose:trek nitar7lIstx.gc.4 I":,a eEcerE::-: Phillips EQJlET2FEC :=AT Engine Make: D.ES, 221 I-orsepower. 35.7to "?50 T.aroue =,a-s: 5mn- Steel 2.030: Lb-in RBM Engine Brake: Yes- Fcwerleash F.D" MP7 r:eic Ti Staloaro LR 3ra.Tin Transmission: Allison 45CO-RDS-6-Spd Automatic %Ai E =ror:: ;40...L0(17,Wnite F awoer Coa:ecl Steel Front Axle: Mack FXL20- 2C.00Crg 2 e .::%0 uricle Wnite F awoer Coa:ecl Steel Rear Axle: Mack 6462R-46 COO?. "e Sze .?'5 770R22 & 1R22 5 Rear Suspension: Mack mRide46- .00Crg Parabolic 3-Leaf "E '=rort- Micheli.)X2U32 Ratio: 5.3f "E Michelk XDN2 7' - :.'• New T-.101-: Prep -IncLices St:0 FLIYil Bruc-ner=laps. Truck Is Soled-lied Tc Complete At Fac:cry Mauk Bru-..kne• Room-at:. Wasn& In: Detail 6.. Ii December Befare Going To_ab-ie For EDay All Local Extras. Install. Labrie Autornizer RH Load ASL Installed Foe City of WF -Cenz'al Sevicee 13a•age Upgrade HP From 325hp To 3.55HP Quoted Price Is Subject To Change If Mack Has Any F.r.:.h7sed Usilg Bru:.kne•'s HGAC C ony.pct Additional Material Surcharges Prior To Build. =HT06-2:. HG:AC Fee Inclucec. Customer Will Have The Right To Cancel Their Order With No Additional Penalty Incurred At The Time Of Notification Of Increase Earh Multiple Total $35T,632.00 Va-s = wl;r115, I Price before TAX 357:632.130 0 -ER CHARGES: -:a and License Fees(Estimated): Purchase Coverage Type: Insurance Type: .0. Dealer Inventory Tax and Doc Fees: 300.00 Cash Down Payment: TOTAL: Dealer Signature: Customer Signature: Date: Date: A documentary fee ls not of:a see. A doc_.-e--.3r fee is not reauireo : : ay he changed to buyers for hancing cipo.Jrents and pehrrr n: servoes .7'a .B.3 L 7.7 : r ee e.:se:, =f:far a motor vehicle contract or a reasona e amount agree: by the p 7'1 i•E'or a-.ea,. :c.-)-)e-c 7 qe- s s t PAGE 6 OF 10 PAGES AGENDA ITEM NO. 5.B Bruckner Truck Sales, Inc. tIC Retail Proposal August 25. 2022 CJ3-01%;ER IN=ORMAT E= RMAT OJ t r..f Wichita Falls #: e..ed L.N PO Br...43i I 2024 BODY Labrie ASL Wichita Falls.T I" M:ck Phone: 9.4C-7.3 1 I =e : 94:-S31-5,549 LF.1134 ;a•: Teresa Rose teres:.roEe;7:wienitar:Ilstx.gc.o I Josh Phillips 2RECIFICA.T Eigine fe:ke: = Wheeloa:e: 2-3 ,-, 'E7 e ower -:,•:,..e Frame •• ree 2,C37,001.1.Lb-in RIM Eigine Brake •e.r; Interior Trim: 1LP. Transmis:ion: - Wheel: =ront r.e ree de-Coxed White Front Axle =• - 2: Wheel: Rear: re.]ree =: • oared White Rex:4Ale: Tire Size: Rex SLIEpillSiOn 1,:L!- Ca--eir ack Tire F..)nt: Ratio.: Tire Rear 1BroL,eir:-e New Prep inc-Lices S1:0 Fuel. Fill DEF. PEI!. Price Is Sulzect To Change Wi:hcu: Nc:ioe If Mack Wash Detail, Has Additional Ma:erial Surcharges Acclecl. C:Lis:cmer Labrie AJtornizer Right Hand 31CY Automated Will Have 1:117,:bn To C:nnoel Order At Tin-e of Side Loader Installed Notification Of Surcharge Wi:h No Penalty. Reliance Ouote:202200;803 FOB: Central Services Garage Chassis Will Be Scheduled To Build In The Second Pu..chased Using Bruck.ner's HOAC Half Of 2023.. FiHT06-20. HOAC Fee Included. Each Multiple Total '31:E S?SS 05?..00 Year: Make: Price.ber)..=TAX 368:053.0C 0-HER Ci-ARGES: Title,and License Fees(Estimated): Purchase Coverage Type: nsurance Type: Dealer Inventory Tax and Doc Fees: 300.0C Cash Down Payment TOTAL: $368.353.00 Dealer Signature: C stcmer Signature: Date. Date: see = :: a L s •e:, •er: 0•,. 1:a.k..,1 L..: -lay Le c-arge..::, no buyers 'cr arc n: servces a: : a :a L e,,ceec 2..7= 'or a rrc:cr ch le :::r4-ac1 or a "i3E0'7.37,e KrEE: a-ea ::•• - s !ea_'EC Ly PAGE 7 OF 10 PAGES AGENDA ITEM NO. 5.B TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOA.RD PRODUCT PURCHASING BASED ON CONTRACT Cosi= Cri Ela.bia Falls 91a2n22 PitaaA ash LEEDctua C79_431E CARMEL LEC A Ship Base Price is 11113..Propo sal Number 631-1P SI 715610 B. Pablishad Optima*i±soliza as:13 ism babwi CusEsixis L9-3501 F 79 3. ?.oar=Lox, 1707 Costlaur tusk 1:cdi ca 3256 113:41 Hui:sr 255 055 EsEso-ki 34-11Lucc r Elar :`d 1 ..U3S P.rs C' iN ='= 3.7S 3-G32 3 L P2CCAbattaiem 364 F-1=-ti 201 Erin r ELs. &kW L - Jii- 4 '...cncs Thar—nizics. 16303 UT e. Erna fas: a7L5 77. 7,1e 171 2;2:: :C.:7=111: 0.1913 Pabitit.d,Option::ASA loB ?Hit:'3-2srord.of C alums] C olu.=2 137,209 C Subtotal Of A+ S194,361 D. LTarishliOsxleptLesis(lbsztisp wait=41:57.. 46400 wicrado 46"-i Adj.Sat Shoal 33-11 Adj.SoA Shock.LEI 24.6 FrtTcarPins !.4e Fsar L.:Rol:cps KddlO of karsonsa 23 Adiustmaax 2924 clx= 13239 7oul r..:.luaic 2I Lnilihi OpLiak:addoi roOiePn .7.3.151.3 ail.of Cow - 30339 E GxEs7.-tPriza Ai-:.i=4c 2 27-7 Jin F. Tat!: -E 92C.4'.704 G QturL-7 ;"213:7, : H El..zboard F.a 41N1 34 on-Egripaard Claps St Csaiit. i Um.Tia Is,Cza:.:EFa=cry Est Marars.3. 0 24520 ""Per truck par_o= Subrou3 Boo equipmcal ea.Loct: L TOTAL n-Rcaksz PEET IIVCIUDING(G 4-11+D 205104 Ekod Equip:milt Compasy. An±J.Bard 2046 Inixes Blvd Dalin.TX 75247 *Cummins Extended Turr2nry per track S26 2 a *Truck inspertimi per person S1200 PAGE 8 OF 10 PAGES AGENDA ITEM NO. 5.B Quote#:202200603 Quote Date: 6/26/2022 Wel QelianeQuo#e Valid Until: 9/11/2022 9818 Green Road Prepared By:Trey Stamps Converse,TX 78109 Phone: (817) 996-0897 E-Mail:tstampsajrequip.net Quote For: City of Wichita Falls Wade Looney Email: wade.looney©wichitafallstx,gav Address: 2100 Seymour Highway, Wichita Falls,Texas 76301 United States +Board BuyBoard Quote-Contract#: 599-19 Equipment Type Delivery Freight Quote Total Per Unit Labrie-Atomizer Right-Hand 31CY-Stock Unit 2022 Refuse 120 - 180 days $177252.24 Equipment Detail Quantity equipment Description 1 Automizer Right-Hand I. Crusher Panel 1 Heavy Duty Arm and Grabber"32 to 95 gal." 1 Grabber counting device: counts number of carts dumped PAGE 9 OF 10 PAGES AGENDA ITEM NO. 5.B y Equipment Description 1 Spill shield: installed behind grabber(Not compatible with AGRA0140) 1 Auxiliary arm controls in-cab: RH-side- (Mini-joystick style) 1 Automatic pump shut off at 50 km/h-32 mph 1 Back up lights: Qty 2 additional on mid-body rubiails-LED type 1 Back up lights: Qty 2 additional on tailgate position 2/3-4"LED type 1 LH-side hopper(L) Lights: amber-alternating-strobing 4" LED in front-of-body- Qty 2(located in bulkhead except for CNG Behind Cab where it's 1 a on a raised structure) 1 Light:amber strobe 6"Whelen L10 in center of tailgate: in-cab switch-Qty 1 Multifunction Lights Package: Multifunction round amber lights(4). Oval center brake light-red-in upper tailgate(1).Round 1 brake lights-red-in upper tailgate light bar(2) 1 RH-side post(3) 1 Work light kit:dual- in-cab single manual switch-LED type Triple Zone Defense cameras(no shutter): (Only model available with DVR monitor). Monitor must be selected separace,y. 1 Heater. No Shutter 1 Zone Defense 7"color LCD monitor: Included in system base price. Split screen.Touch screen 1 Body floor liner at front-of-body:0.160"Hardox 450 steel-48"long 1 Body Side Wall liners: 1/8"x 18"x 24"Hardox 450 1 Clean out took(broom-hoe and shovel kit including brackets;installed at front-of-body) 1 Fire Extinguisher- 20 lbs(standard position: body curbside unless specified otherwise by regulation) 1 Hopper floor liner: 0,250"Hardox 450 steel 1 Body: 1 Color Urethane Body Paint Included in unit base price.Includes bolt-on parts painted body color 1 CAUTION THIS VEHICLE STOPS AND BACKS FREQUENTLY-74.5in x 23.5in(black on yellow background) Additional Requests Quantity Description 1 Hydraulic Cooler 1 Larger Cleanout Doors and Foldable Ladder 1 Retainer Shark Teeth 1 Wire Braided Rodent Resistant Camera Cables PAGE 10 OF 10 PAGES AGENDA ITEM NO.5.B CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Front Loader through the TIPS Purchasing Cooperative from Ved Heritage Properties, Ltd. dba Volvo & Mack Trucks of Waco in the amount of $335,400.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Delivery City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: The Sanitation Division is scheduled to replace one Front End Loader(FSL) in 22-23 budget based on the age of the vehicle, mileage, and maintenance expenses. Sanitation Division will use this unit for front end commercial refuse collection. The Front End Loader will be comprised of Mack TE64R cab and chassis and Labrie Wittke commercial front load through Volvo & Mack of Waco in the total amount of $335,400.00. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. The Sanitation Division budgeted $1,780,523 for the purchases of 5 solid waste collection vehicles. The total cost for all 5 is less than the total budget amount. Therefore, staff recommends the purchase of one (1) turnkey front end loader through the TIPS Purchasing Cooperatives in the amount of$335,400.00. ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Quote ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 5.0 Resolution No. Resolution authorizing the purchase of one (1) Front Loader through the TIPS Purchasing Cooperative from Ved Heritage Properties, Ltd. dba Volvo & Mack Trucks of Waco in the amount of $335,400.00 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Volvo & Mack Trucks of Waco is offering one (1) turnkey Front End Loader through the TIPS Purchasing Cooperatives comprised of the Mack TE64R cab and chassis and the Labrie Wittke commercial front loader body, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase one (1) Front Loader through the TIPS Purchasing Cooperatives in the amount of $335,400.00 from Ved Heritage Properties, Ltd. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 5.0 REPLACING: DEPARTMENT UNIT YEAR MAKE MODEL SANITATION 1109I 2009 Mack MRU613 179 789 ye , , : 11°114. 714*******".11. —''''--'41/21"'"'"'---_*,•4: : 4 S • Rt' yr . + f k, ki mei f ur �` , „ spa g " � II ��Ulllu tWu A yA PAGE 3 OF 4 PAGES AGENDA ITEM NO. 5.c Contract Number: 200,802 dale 05-25-2022 Contractor; Volvo& Mack Trucks of Waco •TIPSV Prepared By: Justin Clark Phone: (254)662-0911 Email:jclamk@volvomackwaco.corn Fax: (254) 662-0559 rBu yin rj Agency: -city of Wichita Falls Contact Person: Teresa Rose Flack TEt34 w!Wittke Sr= Phone: Quote valid until 10-1 Fax, Email: #eresa,rose(r&wichitafallstx,com Product Description]Terrap ro 64R JP0 Number -F A. Product Item Unit Price I $155,000 B. Published Options-Itamrzed Below Description Cost Description Cost MP7.1 `It1: ,4(}CY 00 Locking rear difte{ential Allison 6 speed transmission-4540 ROS $41.700.t1D 2023 year model price increa �.uJL:i Ir: arc} o. .15;le S23.400.00 bad< $26,700.00 '12 X.:} x.::^::;"frame $14,0h10.f0 Pull=rjme invr $11,900.00 200-24a inch v:h i k,d:sr $16,910.L1U 5cQ4lrlk on ot-in F* 148,750.0 i PTO ,7(F0 00 _..... w 'See attached specs 5ubtatal From Additional SheetN: Subtotal 11:1 ,9oo.00 C. Bod 0. -ons & Un.ublisl'Ned Or. •ons- Itemized Below Description Cost Description Cost Front Loader S158,000.00 Discount on body $500,00 'See attached specs *Reliance-Wlttke Starlight Subtotal From Additional Sheet s Subtotal C: 157,500_00 D.Total Cost Before Any Applicable Trade-In/Other Allowances/Discounts(A4-B+C) Quantity Ordered I 1I ..Subtotal of A.yB*l $335.400,00 l Subtotal 0: $336,400,00 F.Trade-Ins/Special Discounts/Other Allowances/Freight/Miscellaneous Charges Descr(.tion Cost Description Cost Subtotal F: ••0,00 Delivery Date:I0112 2023 G.Total Purchase Price(1:+E.F) $33,5.400.00 PLEASE EMAIL A COPY OF THE QUOTE AND PO TO TIPSVITIPS-USA-COM Volvo Mack Trucks of Waco 1287 Sun Valley Rd-, Rohinyan,TX 76706 Page 1 PAGE 4 OF 4 PAGES AGENDA ITEM NO. 5.0 CITY COUNCIL AGENDA OCTOBER 4, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Commercial Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of$289,847.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Delivery City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: The Sanitation Division is scheduled to replace one commercial side loader for alley service in 22-23 budget based on the age of the vehicle, mileage, and maintenance expenses. The commercial side loader will be comprised of Mack Terrapro Cabover MRU612 cab and chassis from Bruckner Truck Sales, Inc. and Curb Master RH08-137 Commercial Side Loader body with Eject Unloading from Kann Manufacturing Corporation in the amount of$289,847.00. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. The Sanitation Division budgeted $1,780,523 for the purchases of 5 solid waste collection vehicles. The total cost for all 5 is less than the total budget amount. Therefore, Staff recommends the purchase of one (1) turnkey commercial side loader through H-GAC Purchasing Cooperatives in the amount of $289,847.00. ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Quote ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 5.D Resolution No. Resolution authorizing the purchase of one (1) Commercial Side Loader through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $289,847.00 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering one (1)turnkey Commercial Side Loader through H-GAC Purchasing Cooperatives comprised of the Mack TE42 cab and chassis from Bruckner Truck Sales, Inc. and the Kann Curb Master RH08-137 Commercial Side Loader body with Eject Unloading from Kann Manufacturing Corporation, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase one (1) Commercial Side Loader through the H-GAC Purchasing Cooperatives in the amount of $289,847.00. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 5.D REPLACING: DEPARTMENT UNIT YEAR MAKE MODEL MILEAGE SANITATION 1182 2007 Autocar WX42 128,020 '., KANN9 h • B�,J PAGE 3 OF 4 PAGES AGENDA ITEM NO. 5.D 0,014,s_kagiBruckner Truck Sales, Inc. Retail Proposal Au just 2S.2022 CJS-DM ER Dame: City of Wichita Falls :x#: LNITID Name: 'Address: PO Bo1431 I`'e:, 2024 BODY Kann Alley ICSZ: Wichita FaIIs,T7{76'307 ."3•:a Mack PFame: 91:-7e1- 931 _ : 91:-531-5`49 i4." ce TE4.R IFa.:. Tres=R7=7e En a.il teresa.rose4t wichitafallstx.gov i=•:+eaoar-, Josh Phillips EQUIPME,: T 3FEC= AT.v#.', Engine Make: P.13c•. rs'F -i c? Wheeloase: 150' Clear CA Horsepower :S FoWv;. '_3CLb-ftTorque Frame Steel ,;.2.37,013DLb-inRBI.1 Engine Brake •ea-r,acl.'c.te•a3ah =c-t,'=' Interior Trim --"raf"c =' x Transmission: a:- ,.C= F:IP._tc, :.tc Wheels Front - crce2teel'cwder Coated White Front Axle t^::. _ Wheels Rear: : rce.2teel Powder Coated White Rear Axle: f.'s•tc-R3 oC-125-ry_'.7 6# Tire Size: Rear Suspension t.^_,:•: Multilea:-3D,C5C=Spring Tire Front: = c:1st.:9 1%.1=?0 Ratio: E. _ Tire Rear: E mast:ne 1%.1=7'0 Cnassis .r.cludes:Fe =, :wing_c Er- 3s New Truck Prep-Includes$100 Fuel,Fill❑EF,PDI, Quoted Price Is Subject To Change If Mack Has Any &Truck Wash w;Interior Detail- Additional Material Surcharges Prior Tc Build. KannMfg-RHOS-137 Curb Master Commercial Side Customer Will Have The Right To Cancel Their Order Loader. With No Additonal Penalty Incurred At The Time Of FOB:Central Services Garage Notif-ica:ion i:ii Increase. Current Estimated Mack Build Date Is-2nd Half of"23 Purchased Using Bruckner's HGAC Contract ;HTOG-20- HGAC Fee Included. Each Multiple Total -rad•e-In r form a:ion: Ira.:a ' - __. $289,547.00 Allowances: VIN Make. Model: Payoff: Quantity [ 1 Price bef re TAX 28:.317.0: OTHER CHARGES: Tide,and License Fees(Estimated): Purchase Coverage Type: Insurance Type: Dealer Inventory-fax and Doc Fees_ 30C.00 Cash Down Payment TOTAL: 2 85.847.00 Dealer Signature: Customer Signature: Date: Date: A:ocumen:ay=ee s na sr o fcia 'es. A doc-..-entary fee is not re:uire: by I .b..: may be ccarged to buyers 'cr ram'ng coc.:r^ent=_ and se.-.;as 3..a;. .-.,.___. -_ -- _-. :y r: - -- _:_ ,.:3.._:_. a;,reea:c byte partes'or{a heady c.nr.niercalueriaecontract This rotica s req.ired by avr. PAGE 4 OF 4 PAGES AGENDA ITEM NO. 5.D CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution approving extension of the contract for operation and maintenance of jointly owned lake and canal systems by the City of Wichita Falls and the Wichita County Water Improvement District No. 2 in the amount of$290,124.00. INITIATING DEPT: Public Works / Utilities Administration STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: The City of Wichita Falls has contracted with Wichita County Water Improvement District No. 2 (WCWID #2) for the operation and maintenance of the Irrigation Canal System, Lake Kemp, and Lake Diversion since 1961. The current agreement which was adopted in 2020 is set to expire on October 1, 2022. City Staff and the District Manager have discussed the current agreement and agree that due to the increase in costs of operation over the past 2 years an increase in the annual maintenance costs associated with this contract are in order. The increase in the annual amount is approximately 3.25% over the past two years. This is well below the average of the Consumer Price Index for the same period. The new contract would be effective October 1, 2022 and will expire on September 30, 2024. The Board of Directors for the WCWID#2 approved the new agreement at their September 13, 2022 meeting. City staff has budgeted for the new contract amount in the 22/23 budget and recommends approval today. ® Director of Public Works ASSOCIATED INFORMATION: Resolution , Contract ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 9 PAGES AGENDA ITEM NO. 5.E Resolution No. Resolution approving extension of the contract for operation and maintenance of jointly owned lake and canal systems by the City of Wichita Falls and the Wichita County Water Improvement District No. 2 in the amount of $290,124.00 WHEREAS, the City of Wichita Falls has previously entered into an agreement with the Wichita County Water Improvement District No. 2 for operation and maintenance of Lake Kemp, the Diversion Reservoir, main canals, laterals, and other facilities used in connection therewith; and WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement District No. 2 are willing to extend the current contract for an additional two-year term commencing on October 1, 2022, and have agreed on a new annual fee of$290,124.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The extension of the attached contract for operation and maintenance of jointly owned lake and canal systems by the City of Wichita Falls and Wichita County Water Improvement District No. 2 in the amount of $290,124.00 per year, for a term of 2 years from October 1, 2022, is approved, and the City Manager is authorized to execute said contract for the City, with changes as are approved by the City Attorney. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 9 PAGES AGENDA ITEM NO. 5.E STATE OF TEXAS § COUNTY OF WICHITA § CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 This agreement, made and entered into by and between the City of Wichita Falls, Texas, hereinafter called "City," and Wichita County Water Improvement District No. 2, hereinafter called "District," both being municipal and political corporations and subdivisions of the State of Texas, each acting herein by and through its respective officers hereunto duly authorized, WITNESSETH: WHEREAS, City and District, who are the joint owners of Lake Kemp, the Diversion Reservoir, main canals, laterals, and other facilities used in connection therewith, make and enter into this agreement for the maintenance and operation thereof for the mutual benefits to be derived therefrom by each of these contracting parties, and for the consideration hereinafter set out, the covenants and agreements to be paid, kept and performed, it is agreed by the parties as follows: 1 . Notwithstanding anything herein contained, it is agreed that no construction or interpretation of any of the terms of this agreement shall be construed to alter, change or modify the ownership of the jointly owned facilities, including the ownership of or rights to the use of the waters in Lake Kemp and the Diversion Reservoir, but that such ownership shall remain the same as set out in a certain agreement made and entered into by and between Wichita County Water PAGE 3 OF 9 PAGES AGENDA ITEM NO. 5.E Improvement District No. 1 and Wichita County Water Improvement District No. 2 dated April 4, 1923. As established by that agreement, City owns an undivided 66.11% interest in said facilities, and District owns 33.89% interest. 2. As provided in the said contract dated April 4, 1923, District shall have the full use of sufficient water for the irrigation of lands in said District. City shall have the full use of sufficient water required by it for municipal purposes. City shall have and retain the right to the prior use of the water of said entire system to the extent of a supply of water sufficient for the uses of the City, not to exceed a reserve supply of 50,000 acre feet of stored water, so that if at any time the supply of water available to said system in the reservoirs should be used to the extent that only that amount of water is available or in storage, then same shall be reserved for the uses of said City. If the storage reservoir is at any time emptied, then all waters in the Diversion Reservoir shall be reserved for the use of the City. 3. Except as set out in the two paragraphs immediately preceding, this agreement is made and entered into in lieu of and instead of any and all contracts and agreements which may have heretofore been made and entered into by City and District or District and Wichita County Water Improvement District No. 1 . 4. It is expressly not the intent of City and District to create, participate in, operate or maintain a joint enterprise by entering into this agreement. As a part of the consideration of this agreement, District shall have total and complete control of all maintenance, operational, design and improvement functions of the jointly PAGE 4 OF 9 PAGES AGENDA ITEM NO. 5.E owned facilities, to the complete exclusion of the City, regardless of ownership interests, except as provided herein. It is agreed that District shall, when requested by City, release so much water as is required by City for its purposes. District shall have total and complete control over the hiring and firing of its employees, as well as the sole right of control over its employees, to the complete exclusion of City. District and City acknowledge the only commonality of purpose in the ownership of the jointly owned facilities is the furnishing of water, as required, from Lake Diversion to City and Oklaunion Power Station, LLC an Electric Power Company, with the transport, delivery and sale of irrigation water being the sole purpose and responsibility of District. City shall not participate in revenues from the sale of irrigation water. 5. The term of this agreement shall be for a period of two years from October 1, 2022. 6. Further, as a part of the consideration for this agreement, City shall pay to District $290,124.00 per year for each of the remaining years of the contract. Such payments shall be made in monthly installments; the first such monthly installment shall be paid on or before October 15, 2022, and other monthly installments shall be paid on or before the 15th day of each month thereafter during the term of this agreement. In consideration of the City's payment to the District, the District shall perform the following services: a. provide a full-time employee at Lake Kemp to provide routine and preventive maintenance at Lake Kemp, for municipal irrigation and flood control. PAGE 5 OF 9 PAGES AGENDA ITEM NO. 5.E b. maintain adequate and constant water supply for the City's MF/RO reservoir and pump station, except during periods of time when it becomes necessary for the District to engage in maintenance work on the supply canal. c. provide maintenance and operation of the Lake Diversion Dam and main canal outlet works. d. maintain and operate approximately 160 miles of canal and lateral irrigation systems. e. provide water to Lake Wichita, as requested by City not to exceed the amount permitted by the State of Texas. f. provide adequate and constant supply of water to Oklaunion Power Station, LLC (OPS) at Lake Diversion. g. maintain approximately 75 miles of drainage ditches. h. perform administration and billing for the Lake Kemp Project with the U.S. Corps of Engineers. 7. In addition to all other consideration herein agreed upon, City and District with the United States Army Corps of Engineers shall annually agree to and implement a maintenance and operation plan and proposed budget for Lake Kemp separately from the operation and maintenance activities and division of costs as covered by this agreement. It is mutually agreed and understood that costs to implement the Lake Kemp operation and maintenance plan shall be borne as follows: Corps of Engineers shall bear 51.6% of the total cost, District shall bear 66.11% of the remaining local share of 48.4%, and the City shall bear 33.89% of the remaining local share of 48.4%. PAGE 6 OF 9 PAGES AGENDA ITEM NO. 5.E District shall invoice, with back-up material, City and Corps of Engineers monthly for the Lake Kemp operation and maintenance costs. 8. Any expense of unforeseen and emergency repairs to Lake Kemp, the Diversion Reservoir and the main canals occasioned by an act or acts of God, as that term is usually defined, in addition to all other consideration herein agreed upon, shall be borne by both parties in proportion to their joint ownership therein; that is, City shall bear 66.11% and District shall bear 33.89%. Such repairs shall be recommended solely by District and before the repairs provided for in this paragraph are made, they shall be approved by both City and District. 9. The proceeds of the sale of water shall be collected by District and shared equally by City and District, with the exclusion of proceeds from the sale of irrigation water for which District is exclusively entitled. The accounting and distribution of shared proceeds shall be made quarterly, providing that any water sales contracts shall be mutually agreed upon by District and City before the same shall be binding. 10. District shall, during the term of this agreement, keep its accounting records to conform to the fiscal year of City and such records shall be open for inspection by City at all times. Such records shall continue the chart of accounts as now used. There shall be made annually an outside audit by an auditor acceptable to both City and District, and a copy of such audit shall be submitted to City within ninety (90) days after the close of District's fiscal year. 11 . If either party hereto shall become dissatisfied with the terms of this agreement, excluding that part of this agreement contained in paragraph 1 hereof, then in such event, such dissatisfied party shall, only during the final year of the term of this PAGE 7 OF 9 PAGES AGENDA ITEM NO. 5.E agreement and on or prior to six months preceding the termination date, notify the other party in writing setting forth specifically its grounds therefore, immediately following which the parties shall attempt to renegotiate this contract by mutual agreement. If on or prior to four months of the expiration of the final year term the parties are unable to agree upon a renegotiation, or having failed or neglected to agree upon a renegotiation, the matter or point of disagreement shall be submitted to a Board of Arbitration in the manner provided by law, such Board consisting of the City Manager of City, the General Manager of District, and a third disinterested and unbiased person selected by a majority of the district judges of Wichita County, Texas. The decision or renegotiation of this contract by such Board shall be final and binding upon the parties hereto unless the substantive legal rights of either party are violated. 12. City and District jointly owning the facilities, anticipating their continued ownership perpetually in themselves, their successors or assigns, recognize their ownership responsibility one to the other, and by this and the immediately preceding paragraph, it is meant that this ownership responsibility shall not cease or fail but that during such joint ownership of such facilities there shall exist an operation agreement between the parties hereto reached by mutual agreement or arbitration as the case may be. 13. The District has occupied office space in City-owned structures for many years. The City will, during the term of this agreement, authorize the District to occupy office space at 402 East Scott. There will be no charge to the District for such office space, but the District will in turn, and as consideration, not levy any taxes against the City for City-owned property within the District during the term of this agreement and PAGE 8 OF 9 PAGES AGENDA ITEM NO. 5.E for all previous years in which the District has occupied City-owned office space. The City, after reasonable notice to the District, shall be allowed to furnish comparable facilities mutually agreeable to both parties at a different location if City needs this space for other City purposes, or if City disposes of such property. Such comparable facilities shall be furnished under the same terms and conditions set forth above. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on this the day of , 2022. CITY OF WICHITA FALLS, TEXAS By: City Manager ATTEST: City Clerk WICHITA COUNTY WATER IMPROVEMENT DISTRICT No. 2 By: x_o Pre ident Board of Directors September 13, 2022 ATTEST: Secretary, Board of Directors September 13, 2022 PAGE 9 OF 9 PAGES AGENDA ITEM NO. 5.E MINUTES PLANNING & ZONING COMMISSION August 10, 2022 PRESENT: David Cook ♦Chairman Michael Grassi ♦Member Blake Haney •Member Steve Lane • Member Matt Marrs •Alternate No 2 Wayne Pharries •Member Jeremy Woodward •Vice-Chair James McKechnie, Deputy City Attorney • City Staff Terry Floyd, Development Services Director • City Staff Fabian Medellin, Planning Manager •City Staff Christal Ashcraft, Development Services Admin. Assist. •City Staff Cedric Hu, Planning Technician ♦City Staff ABSENT: Mark McBurnett ♦SAFB Liaison Doug McCulloch • Member Noros Martin • Member Cayce Wendeborn ♦ Member Steve Wood •Alternate No.1 Councilor Whiteley • Council Liaison I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. Chairman Cook proceeded to make the following comments: a. This meeting is being televised live on Channel 1300. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case-by-case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. Page 1 of 7 Agenda Item No.6.a Planning and Zoning 2 August 10, 2022 d. Commission members, when speaking please remember to press the button to turn on your microphone. e. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. III. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public. With no response, Mr. Cook closed public comments. IV. APPROVAL OF MINUTES Mr. Michael Grassi made a motion to adopt the July 13, 2022, minutes. Mr. Wayne Pharries seconded the motion. The motion was passed unanimously, 6-0 VII. CONSENT AGENDA Case P 22-14 — G. Tompkins Addition, Lots 1-3, Block 1 Case P 22-15 — Wichita Falls Business Park, Lots 6 &9 Case P 22-16 — J. L. Powell Estate, Lot 2, Block 5U Chairman Cook asked if anyone had an item to be moved to the regular agenda. Nothing to be moved. Mr. Wayne Pharries made a motion to approve the consent agenda. Mr. Blake Haney seconded the motion. Motion passed unanimously, 6-0. VIII. REGULAR AGENDA 1. Case C 22-15 — 4613 Cove Road: Consider taking action on a conditional use to allow for a carport in the front setback in a Single Family-2 (SF-2) zoning district. Applicant: Rance Hogue Owner: Brian Clark Mr. Michael Grassi made a motion to approve the case. Mr. Blake Haney seconded the motion. Mr. Cedric Hu presented the case and stated the applicant and contractor, Mr. Rance Hogue had met with staff regarding this petition to construct a 8ft. X 20ft. carport in the front setback at 4613 Cove Road. The subject property is a single family residence located in a Single Family-2 (SF-2) zoning district in the southwestern part of Wichita Falls. The residence is near Lake Wichita, west of Lake Wichita Park. The proposed carport will be constructed to the front property line, 6ft. from the side property line with 4, 8ft. support columns. In a review of the neighborhood, 9 other carports within 200ft. were discovered. Page 2 of 7 Agenda Item No.6.a Planning and Zoning 3 August 10, 2022 Staff notified 31 property owners within 200ft. of the residence and received back a total of 5 responses, all in favor of the proposal. Staff recommends approval of this Conditional. Use carport request for 4613 Cove Road with the following conditions: 1. Further site plan review by planning and building inspections at the time of permitting for construction to verify conformance with Sec. 4220 and all other applicable codes and ordinances. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, was present for Commission questions, but gave no presentation. Mr. Cook asked if there were any comments from the public. With no comments, Chairman Cook closed the public comments and opened the floor for the Commission. With no other questions Chairman Cook called for a vote. The motion passed unanimously with a vote of 7-0. 2. Case R 22-02 — 1811, 1825 & 0 East Central Freeway: Public hearing to consider taking action on a proposed rezone at 1811 E. Central Fwy. (Lot 2, Block 1, Knox Addition), 1825 E. Central Fwy. (14.54 Acres of Block 16, Kemp & Newby Subdivision of DCSL A-33) and 0 E. Central Fwy. ( 10 Acres out of Lot 1, Block 1, Knox Addition) from General Commercial (GC) to Light Industrial (LI) zoning district and amend the Land Use Plan from Commercial to Light Industrial to allow for the development of a heavy equipment sales and service center. Applicant: Steve Lin, CDS Muery Owner: PC5 Properties, LLC Chairman Cook opened the public hearing at 2:05 pm concerning case R 22-02. Mr. Fabian Medellin presented the case and stated the petition for rezoning would allow for a new dealership of busses and semi-trucks as well as a service station for those vehicles. Mr. Medellin advised the current zoning of the property was General Commercial (GC) which did not allow for the sales and service of those vehicles. The zoning ordinance does differentiate between heavy equipment sales and service versus a standard passenger vehicle. Mr. Medellin stated staff met with the applicant, Mr. Steve Lin, Civil Engineer for CDS Muery to discuss the proposed dealership. During that time staff outlined the allowed uses in General Commercial (GC) and the potential to rezone to a Light Industrial (LI) district to allow for the proposed use. The subject property is a combination of three lots, approximately 28.5 acres located on US Central 287 East frontage road, east of Windthorst Road and west of McKinney. All of the proposed land is undeveloped with adjacent uses to the north being a manufactured home park, to the east, industrial uses along the frontage leading back to the Industrial Business Park. To the south are Page 3 of 7 Agenda Item No.6.a Planning and Zoning 4 August 10, 2022 undeveloped land out to the city limits and to the west, along the frontage, commercial uses and behind that a residential subdivision. Mr. Medellin advised the Commission the proposed dealership would be developed on the parcel addressed as 1811 Central Freeway and no other development on the other parcels at this time. The proposed site plans showed an approximately 15,000 sf. dealership for sales and service. A map of current zoning district designations and uses was displayed as Mr. Medellin stated the proposal was to extend the Light Industrial (LI) zoning district to the east, to encompass the 3 properties, all 28.5 acres. Prior to meeting with the applicants, staff identified this zoning issue as a potential barrier of the development of the site. Staff looked at the site, the proposed use, adjacent uses, some of recent development in the area and how the rezone would affect all areas. Staff determined all recent development and re-development as happened to the east and was all industrial uses leading back to the Business Park. There are a couple of other commercial uses industrious in nature, contractor offices and yards to the north side of the residential district and to the west, Big Texas Truck & Trailers abutting the subject property. While staff reviewed the development over the last few years and the trend of what would happen in the future, it was believed the Business Park being one of the cities employment centers would grow and there is a need for compatible and symbiotic uses to support the Business Park. Mr. Medellin advised there were already several heavy equipment dealers along US 281 and with those trends, staff supports the proposed rezone. Mr. Medellin stated staff notified 30 adjacent property owners and received back 2 responses, one in favor and one opposed. The citizen in opposition was concerned about dust from construction, in which staff believes the acreage buffer will eliminate this concern. Staff recommends approval of the proposed rezoning request of +/- 28.54 acres at 1811, 1825, and 0 E. Central Freeway to Light Industrial (LI), and amending the Land Use Plan designation to Light Industrial. If approved, the applicant is subject to all other zoning and building code regulations for commercial-related projects. Adhering to the zoning requirements may help lessen the potential impact on the abutting and adjacent residential neighborhood and include but are not limited to the following: 1. Prior to issuance of a Certificate of Occupancy, and new development must submit plans for review, approval, and inspection prior to beginning operations. 2. All outdoor lighting (Zoning Ordinance - Section 4650) must be directed away from the residential areas north, south and east of the property. 3. Parking sufficient to meet the needs of the development per the standards of Section 6200. Page 4 of 7 Agenda Item No.6.a Planning and Zoning 5 August 10, 2022 4. Increased setback requirements for non-residential uses adjacent to single family uses as outlined in Section 4600. 5. Landscaping shall be provided to meet the needs requirements of Section 6800. Chairman Cook asked if there was anyone from the public that would like to comment. Ms. Laura Liles and companion, 2707 South Bandera Drive, had various questions and concerns Mr. Medellin answer. With no other comments, Mr. Cook closed the public hearing at 2:18 pm and asked for a motion to open the item for discussion. Mr. Wayne Pharries made the motion with Mr. Blake Haney seconding. There was no discussion among the Commission. Chairman Cook called for a vote from the Commission. The vote was 7-0 in favor of the rezoning recommendation. 3. Case R 22-03 — 1304 & 1400 Trout Street: Public hearing to consider taking action on a proposed rezone at1304 Trout St. (+1- 1.98 Acres out of Block 5, J.A. Scott Survey, No. 12, Abstract 269) and 1400 Trout St. (+1- 5.34 Acres out of Block 6, J.A. Scott Survey, No. 12, Abstract 269), from Single Family-2 (SF-2) to Planned Unit Development - Mixed Use (PUD-MU) zoning district to allow for civic centric development offering community social services and housing. Applicant: Pastor Kenneth Williams & Dr. Cinterea Grace-Williams Owner: New Haven Christian Church and Sahara Enterprises Chairman Cook opened the public hearing at 2:19 pm concerning case R 22-03. Mr. Fabian Medellin presented the case and stated this proposed rezone request was not for a standard district, but rather a Planned Unit Development (PUD). Staff met with Pastor and Dr. Williams to discuss the potential development at 1400 Trout Street. The subject property currently has a structure located on it, a former elementary school and has more recently been used as a church, The applicants long-term, phase 1 plan, is to occupy this structure and remodel it to apartments and community center. Their phase 2 plans are to develop the remaining acres of 1400 and 1304 Trout Street into more apartment units. The site is located on Trout Street, between Harding and Martin Luther King Jr. Boulevard, south of Booker T. Washington Elementary School. Mr. Medellin stated the majority of the property at 1400 Trout Street was undeveloped, except for the former school and all of 1304 Trout Street remained undeveloped. The existing adjacent uses are residential, with a large apartment complex to the east and other non-residential uses further north and south. The proposal for the apartments is a total of 101 units, 15 inside the former school and 86 of them being brand new. Staff feels this doesn't meet the current zoning district of Single Family-2 (SF-2) and to try to petition to a different district would fall in the realm of "spot zoning". The proposed floor plan of 9,000sf. located at former school would be the 15 apartment units. The 14,000sf. would be remodeled into a community center to support their two existing non-profits, the Williams Master's Page 5 of 7 Agenda Item No.6.a Planning and Zoning 6 August 10, 2022 School of Theology and 619 Productions Art Center. Space will also be offer to other non-profits to possibly use as a meeting space. Mr. Medellin stated the owners are also looking to incorporate a food pantry. The old auditorium for the elementary school will be maintained and repurposed to allow for an event venue for their non-profit art productions and other community events, as well as a commercial kitchen. Mr. Medellin stated these uses did not fit the Single Family-2 (SF-2) zoning district and staff could not rezone to General Commercial (GC) as this would be considered "spot zoning". Residential Mixed Use (RMU) was also considered, however, there are many properties between that district and the subject property that would have had to be included in the rezoning petition. If the rezone to Residential Mixed Use (RMU) had been accepted and recommended by the Commission and approved by City Council, the owners would have had to come back before the Commission to request a conditional use permit as their uses are not allowed by right. Staff studied the allowed uses in the Single Family-2 (SF-2) zoning district, those allowed by right, which are residential but also a number of civic uses. When examining the uses and how they related to each other, staff believed the relationship to the comprehensive plan and the nature and degree if impact up neighboring lands, the Planned Unit Development (PUD) would best fit the community needs. Mr. Medellin advised the Commission one thing he did want to modify was the open space requirement, which typically requires apartment complexes to dedicate 20% of their property to open space. Staff wanted to afford the immediate residential neighbors more protection from the proposed uses by requiring 30% open space, and the owners have agreed to this requirement. Staff notified 42 property owners within 200ft. of this proposal and received a total of 3 responses, all in opposition to this rezone. Those opposed voice concerns of housing homeless and increased traffic and taxes in the area. Staff was able to contact one of the opposing residents and explained these units would not be for homeless and the taxation process from the Wichita County Appraisal District. Staff recommends approval of the proposed rezoning request of +1- 7.32 acres at 1304 & 1400 Trout Street to Planned Unit Development — Mixed Use (PUD-MU), If approved, the applicant is subject to all other zoning and building code regulations for commercial-related projects. Adhering to the zoning requirements may help lessen the potential impact on the abutting and adjacent residential neighborhood and include but are not limited to the following: 1. Prior to issuance of a Certificate of Occupancy, and new development must submit plans for review, approval, and inspection prior to beginning operations. 2. All outdoor lighting (Zoning Ordinance - Section 4650) must be directed away from the residential areas north, south and east of the property. Page 6 of 7 Agenda Item No.6.a Planning and Zoning 7 August 10. 2022 3. Parking sufficient to meet the needs of the development per the standards of Section 6200. 4. Increased setback requirements for non-residential uses adjacent to single family uses as outlined in Section 4600. 5. Landscaping shall be provided to meet the needs requirements of Section 6800. Chairman Cook asked if there was anyone from the public that would like to comment. With no other comments, Mr. Cook closed the public hearing at 2:31 pm and asked for a motion to open the item for discussion. Vice-Chair, Jeremy Woodward made the motion with Mr. Blake Haney seconding. There was no discussion among the Commission. Chairman Cook called for a vote from the Commission. The vote was 7-0 in favor of the rezoning recommendation. IX. ADJOURN Chairman Cook adjourned the meeting at 2:31 pm. ,,7-- -------3 7/41// 2-Z JeCny,Woo ard. Vice-Chairman Date Terry Floyd, Director of Development Services Date Page 7 of 7 Agenda Item No.6.a CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance to rezone +/- 4.11 acres of land located at 4413, 4415, & 4419 Sisk Road (G. Tompkins Addition, Lots 1, 2, & 3) from Light Industrial (LI) to Single Family 2 (SF-2). INITIATING DEPT: Development Services/ Planning STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods COMMENTARY: • August 1, 2022— Staff met with the owner and applicant to discuss proposed development. Staff outlined the site's zoning, allowed uses, adjacent districts, and the process to rezone. The applicant and the owner, soon thereafter, submitted an application. • August 26, 2022 — Planning staff mailed notifications of the proposed rezone to property owners within 200 feet of the subject property. Rezone signage was posted at the property notifying of the September 14, 2022 P&Z meeting. • August 28, 2022 — Notice of September 14, 2022 P&Z public hearing published in the Times Record News (TRN). • September 14, 2022 — P&Z conducts public hearing and recommends to the City Council approval of the rezoning requested by unanimous vote. • September 16, 2022 - Notice of October 4, 2022 City Council public hearing mailed to all property owners within 200 feet of the subject property. Posted rezone signage revised to list city council public hearing date. • September 18, 2022 - Notice of September 20, 2022 City Council public hearing published in TRN. • October 4, 2022 — City Council scheduled to conduct public hearing and consider ordinance rezoning the subject property. Background The council action item comes upon the request of the property owner, George Tompkins, who plans on constructing his residence at the site. However, after a recent subdivision, one of the developable lots was primarily left within a Light Industrial (LI) zoning district which does not allow for residential uses. As such, the owner requests a change in zoning of the site (see maps below) from LI to SF-2 to allow the proposed residential use. Rezoning to SF-2 would be consistent with other single-family residential zoning in the area, as well as consistent with the City's current long range Land Use Plan classification of Low Density Residential. PAGE 1 OF 11 PAGES AGENDA ITEM NO. 7.A If Council approves the rezone to Single Family 2 (SF-2), the applicant is subject to all other zoning and building code regulations for a residential project. Recommendation The Planning and Zoning Commission (P&Z) unanimously recommended approval of the rezone at the September 14, 2022, meeting. Staff recommends the approval of the ordinance rezoning the property to SF-2. ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: : Exhibit A — Aerial Map; Exhibit B — Photos of Subject Property & Area; Exhibit C — Notification Response Map; Exhibit D —Zoning & Land Use Map; Exhibit E — Allowed Uses in Single Family 2; Exhibit F — Planning & Zoning Commission — September 2022 Minutes Excerpt; Ordinance; Attachments 1. ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 11 PAGES AGENDA ITEM NO. 7.A Exhibit A — Aerial Location Map ilit r * 1 {� v P 9 , ; irb '"i ) ' .,00 ,, 4',.., ,...,,, rrpp� ,,..��««� i. 4 �W w'II:,;' "r%,,. r4 --- �xaa., fib , ., ., . u'�,"' ,. 5u,' IN) s VIP I U l —�r'_ �' - � � y� .^ PI 1, � ?V� x' i' r- '^` » '�r r� 4 'fis 4:� *#f'- ~ ' r„ I l ,' k X '°,. N' k 'a'�0"'�' x TL Il 17 ^ ° r III I .j `. h. . \ 16 ' 7 ' 4. l'-' : Pr'-'',/ kirk, ' 1 .:1 ''j, i/ii.4 -,';',7,1,4.. " ''', ' ''' 'ikt% ,: rha''— '11.: ilir'irf ' f' r_n.c. it ..-n:i r .., ,, n st--ii''' . 4.40. ' . v � . --ram , UX,_ Y OR n 5 . aLe3 n71,*It Yam. . h r PC ti , w e l I � .. 4 'rr € ,4 ti'o � � a °W. d;*t7a l 1' +, —'� DAVIT) ST1 ,'r i '1.ELkOSD Like i i P. -0 4413. 44' 5 & 4419 Sisk Road Aerial Mapdrr srn I..Ht k.'rid EaNtIwaN46f..tu 4-e. 6MJG:2 Ern" Slbjmi.'.P' I,''I•i� ,-io'wenw"""' ",..;"7 m7x rwr"%N�y r .. vaw.-,Iw:M— PAGE 3 OF 1 1 PAGES AGENDA ITEM NO. 7.A ng Requ est — 4413, 4415, & 4419 Sisk Rd. Photo 1 —View of Subject Property from Sisk Rd. �'' „`:�. ..y �tiL' .'' 4.a • • wi a, s r -, yy : 41 +r�e— yy��JJ � e Photo 2—View west from the subject property along Sisk Rd. , r �yy a �re � "1""`s„-. ''4 0'"": fix; . : , " .. • • • a .. n` PAGE 4 OF 11 PAGES AGENDA ITEM NO. 7.A EXHIBIT BCont. - Rezoning Request — 4413, 4415, 814419 4419 Sisk Rd. Photo 3— North view from Subject Property along Sisk Rd. 1 Uhl • • 4 r A. mp�g�q • y� • • Photo 4—South view from the property along Sisk Rd. 54 rye.. • • y. PAGE 5 OF 11 PAGES AGENDA ITEM NO. •7.A Exhibit C - Notification Map FrI�RAL L ANB .1 ' GYAJAL.�IIECr FOR AG 1 '�¢�(16 VALUE AND IMPS A I CZ IP to VACANTcurlr1 iI.x,.x ' .1 si mou$TmLiu_Ira 1-, * 1aM 4,113. 4d15 L&-• 19 also. Rd. .h .1 r kl �5 � 1 4 ^dM11L`' OP - \iiii, lt,.,‘ ..(,1-�r lY SINGLE A.§ILY FAMILY It s SINGLE i 1'.r•11LT if} ii a SItiCLE F;Ar.11_V SINGLE rAMILY RESIDENTIAL o z r2iI. II `_I INCI L.E VACANT LAST 'W 5 ^ ', rr`r1 LY 41QE,.E WITHIN CITY P. Lw • 3' „ , III . M1:I,.f W..y} l}.LI o-u)-_,I Y1 .PW r^.U0J,-, }.WkW} cr f J,�,,,,vJJJJJJJ�JJJJoJJ 1J JJJ CC .�, " _'uG'-'. 0,aafo zu.,Eog:a.t2zo21.22oicio a {�§, 2.SINIDLE f" 6. . ILLU. LPLL -L { ' � FNrLY ' V'.V.L.av' w .L.Mwya� - ✓P- �!: ` oxLEY DR c0:AG ct.4 .r.GLE of .--_.,11r ws w. w id�-.. Y -I J-i-,, _ .J J.J-J J JJ Jv J F �'ti:,..." . ;4:Y SINGLE £n� 4u'Zd Z#2�gw_-.i ZrZ Z¢.�DL5 .: ,- 4�M5 FP 5' 'L,,.II V ca" wurrv6V iwr u9,N 4Z.ira W' 4a'ter ua}gT y 6_ayr y'i..f'f ,a�,t,6 . . SINGLE U 3 -'F' 7,- 1.67,.L,,rt 6- ,�--;,,:.'. FAMILY w Lv Ate; ,1.401.6 G SINGLE :.I J:.' I- SINCLI w} W> la1 W} u }.ShGL= woof J JJt 9J_ JJ FAIaLI�Y` .r SIrc,E FCIm1.Y IWIAiY '�.- SIraGLE aP R;f 0- i7 Ca a a♦='a FlpLY raL FAPOIL. :jr(.;LE 1 I•A1 VI. r iy,Z.1: .1 -Z X.Y T."sx ` �' Y SIA a:I- �hI411Lr SINGLE .. "' ' Vi-,- en...7.,L� F n.!.. '- S un FAmL'. FA►C.- .,y4s r-" DAVIDSi ,uM , SINCLE;,5h11Y vi„„ :I = F 1;L� 2 NGs 6 *'.'4C:Lf t,I. S'p;G:.ry J -..,,,...,...I.' -AS1IL4' FAMILY `I`�-L-' j FAr,11�r r'�°fJi.rS P.c. ,�'Y- ±;Ivt.Li ,,-- S.IPCLE IL r ..„. ,. 1 3INC_E 5'°- '-. 3 rsd .u, -L '•ANYFY IIILY ct i c a FAN_'+ I' AM1_Y F4) r ,F kl:" -Y \ SINGLE J,r� , � = Dry j C NGLE ;: Note: No Responses Were FAMILY 1 i FA r,'ILY f,q ▪r(1.1::F:.ri I V r N,� .. ,, Received. E_ u'f I EL L. L>r S,vI'01.. 0 2.C. GZO 814 F .L I 1'r er R 22-04 4413, 4415 & 4419 Sisk Road Legend Zoning and Land Use Map = Subject Properties Multi-Family Residenilai I▪I119COL . .: . Parceks - General Commercial Zoning ihJYill11J1ilil�, LighllndiAlr►al ''�• . _ ,.`" I'_ Single Family 2 PAGE 6 OF 11 PAGES AGENDA ITEM NO. 7.A Exhibit E Proposed Zoning: Single Family 2 (SF-2) The following uses are permitted without any further review by the Planning and Zoning Commission. For additional regulations or definitions, contact the Planning Division. Residential uses: Dwelling, single-family detached Group homes The following uses are permitted subject to submittal of a site plan and review by the Planning Division. Residential uses: Dwelling, zero lot line, single-family Civic uses: School, primary and secondary The following uses are permitted following approval by the Planning and Zoning Commission for a Conditional Use Permit: Residential Uses: Bed and breakfast homestay Dwelling, duplex or two-family Limited multi-family residential uses, subject to the provisions of Section 5920 Manufactured Home, subject to the provisions of Section 5600 Personal Care Home Civic Uses: Day care centers, commercial (nonresidential building). Day care centers, limited (not conducted as a home occupation). Library, public. Private recreation areas, limited. Public safety services. Religious assembly. School, secondary. Utility service. Commercial uses: Bed and breakfast inn. Oil drilling, subject to the provisions of Appendix A, Subdivision and Development Regulations, section 6.4 Oil and Gas Well, as amended. Structured sober living facility PAGE 7 OF 11 PAGES AGENDA ITEM NO. 7.A Exhibit F MINUTES — EXCERPT PLANNING & ZONING COMMISSION September 14, 2022 PRESENT: Michael Grassi ♦ Member Blake Haney ♦ Member Steve Lane ♦ Member Mark McBurnett ♦SAFB Liaison Wayne Pharries ♦ Member Cayce Wendeborn ♦ Member Steve Wood ♦Alternate No.1 Jeremy Woodward ♦Vice-Chair James McKechnie, Senior Asst. City Attorney ♦City Staff Terry Floyd, Development Services Director • Fabian Medellin, Planning Manager • Christal Ashcraft, Development Services Admin. Asst. • Cedric Hu, Planning Technician • ABSENT: David Cook ♦Chairman Mark McBurnett ♦SAFB Liaison Matt Marrs ♦Alternate No.2 Noros Martin ♦ Member Councilor Whiteley ♦Council Liaison Case 22-04 — 4413, 4415, & 4419 Sisk Rd. Public hearing to consider taking action on a proposed rezone at 4413, 4415, & 4419 Sisk Road (G. Tompkins Addition, Lots 1, 2, & 3) from Light Industrial (LI) to Single Family 2 (SF-2) zoning to realign and correct three split zoned residential lots. a) Public Hearing b) Take Action Vice-Chairman Woodward opened the public hearing at 2:02 pm concerning case R 22-04. Mr. Cedric Hu presented the case and stated the petition before the Commission was to rezone 4.11 acres of land at 4413, 4415 & 4419 Sisk Road from Light Industrial (LI) to Single Family-2 (SF-2) zoning district. Mr. Hu advised the PAGE 8 OF 11 PAGES AGENDA ITEM NO. 7.A Exhibit F Continued Commission the subject property had recently been replatted into three individual lots which was approved by the Commission on the August consent agenda. Mr. Hu advised the existing residence located on 4415 Sisk Road was already zoned Single Family-2, however, the remaining property behind the rear of the structure, approximately 4.11 acres was zoned Light Industrial (LI) and was the subject of the petition to rezone. Mr. Hu advised all three properties are adjacent and located in the southwest part of Wichita Falls east of the Kell Boulevard and Southwest Parkway intersection. The subject property is a residential property with other residential properties in the area. To the north is primarily vacant land with the exception of one residence north of 4413 Sisk Road. To the east is more vacant land and to the south and west residential uses. Rezoning the 4.11 acres will help to keep the zoning character in line with the applicant's properties and surrounding residential properties. Photos displayed show the subject properties have Single Family-2 (SF-2) zoning to the west of the properties and Light Industrial (LI) to the east. When the City of Wichita Falls adopted the zoning ordinance in 1985, it was anticipated this area would be commercial development with intensive uses and was therefore zoned Light Industrial (LI) with a low density land use. In the Light Industrial (LI) zoning district, new residential structures are not allowed. Mr. Hu pointed out 4413 Sisk Road was a flag pole shaped lot to meet the minimum frontage development requirement of 50ft. Mr. Tompkins petition for rezoning to Single Family-2 (SF-2) would allow for residential development on his 3 lots, leaving the land use as low density. Mr. Hu advised 14 property owners within 200ft. of the subject property had been notified with no responses received. Staff recommends approval of the proposed rezoning request of +/- 4.11 acres of land at 4413, 4415 & 4419 Sisk Road (G. Tompkins Addition, Lots 1, 2, and 3) to Single Family-2 (SF-2) Residential. Vice Chairman Woodward asked if there was anyone from the public that would like to comment. Mr. Tompkins, the owner and applicant, residing at 4413 Sisk Road advised he had nothing to add to the presentation, but was available for any questions the Commission might have. With no other comments, Mr. Woodward closed the public hearing at 2:11 pm and asked for a motion to open the item for discussion. Mr. Blake Haney made the motion with Ms. Cayce Wendeborn seconding. Mr. Doug McCulloch asked if there was just one metal home to be constructed on 4413 Sisk Road, to which Mr. Tompkins advised that was correct. Mr. McCulloch asked how he would access the property and Mr. Tompkins advised by private drive. Mr. Fabian Medellin clarified to the Commission the flag shaped lot would provide entrance to the property. There was no further discussion among the Commission. Vice-Chairman Woodward called for a vote from the Commission. The vote was 8-0 in favor of the rezoning recommendation. PAGE 9 OF 11 PAGES AGENDA ITEM NO. 7.A Ordinance No. Ordinance rezoning approximately +/- 4.13 acres of land located at 4413, 4415 & 4419 Sisk Rd. (G. Tompkins Addition, Lots 1, 2, and 3) from Light Industrial (LI) to Single Family-2 (SF-2) Residential WHEREAS, the Planning and Zoning Commission considered the proposed zoning change at its September 14, 2022 meeting, and voted to recommend approval of this request; and WHEREAS, the City Council has reviewed this request and has determined the herein described zoning amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Approximately +/- 4.13 acres of land located at 4413, 4415 & 4419 Sisk Rd. (within the G. Tompkins Addition, Lots 1, 2, and 3), as depicted on the attached map incorporated in this ordinance as Attachment "1", is hereby rezoned from Light Industrial (LI)to Single Family - 2 (SF-2). PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 10 OF 11 PAGES AGENDA ITEM NO. 7.A Attachment "1" .ci '&.1w .P. General Commercial . -- set' ':: *f �� (.......„......., ....----'---.'"-- S....:\ Proposed Rezone from 17 Light I nd u stri al to ef 5701 General singleFamily•2 Light Industrial omrneroial 4412 ❑ �`�� III I11� I��wl II 6774 TIT' 44r54 1 4416 4�42d i17 4i 19 11 44.24 Single Family-2 ily a42' � ]" ..: Arid ArAki Brea ' 4428 • 4429 676tl26 2a 22 20 19 ib 14 12 10 9 6 4 L-m-fi 44M 6758OXLEY-DR 6T54 25 23 21 ig 15 13 0 7 $ • d411 1f • 11 3 1 6750 4.446 4445 15 R l 5245 4600 4561 f Carl 5742 6610 6516 0014 5012 0610 66086606 6644 4420 -._ 4500e —D VIDST14, — 6743 V16 4546 4_ , 4 '502 a ;;11- .. 4500 4501 Si Ga _r 1 c i r I 1 I 504 503 " 4562 ' 4503 0 175 350 700 Feet T. , ;' alas R 22-04 Legend 4413, 4415 & 4419 Sisk Road mi Sint; c:l P«oFarr i,th Rezone ap Rcz0r6 Are a (3I5'Ii0 WI.I I4.4 PI,.I-I' ,lIF `{re SOH AID - MJJ''FRC[+..r�COLY Jc6•cru p rV1F'-.1?+5151M"FIS P 4r.rry .171y7- - ' iF I'lill} 4};i{II}il�'�I ParceL5 rmu.+e nor-/'�-v+.ti p.+.�aK�aa'r•...w. ..e.Mc..+m• nveY{mq'n PAGE 11 OF 11 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance granting franchises for ambulance service to American Medical Response Ambulance Service, Inc. and Transtar Inc. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: In 2011 the City Council approved a revision to Chapter 42 which set up franchises for ambulance services operating in Wichita Falls. American Medical Response Ambulance Service (AMR) and Transtar Inc. (Transtar) were both granted franchises in 2011. Both companies have completed renewal applications and have met all the necessary requirements to be granted a franchise to operate for a period of five years. Staff recommends approval of the ordinance. ® Health Director ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.B Ordinance No. Ordinance granting a franchise for ambulance service to American Medical Response Ambulance Service Inc., and Transtar Inc. WHEREAS, the Wichita Falls - Wichita County Public Health District received applications from American Medical Response Ambulance Service Inc. and Transtar Inc. for ambulance franchises, and a public hearing was held to receive comments regarding the granting of such franchises; and WHEREAS, the applications submitted meet the requirements as set forth in Chapter 42 of the City's Code of Ordinances regulating ambulances, and each applicant represented that it: (1) has its primary facility located in the territorial limits of Wichita Falls; (2) maintains at least four ambulances currently licensed by the State of Texas, based at its primary facility; and (3) meets the minimum vehicle, equipment and staffing requirements for each ambulance as established by the Texas Department of State Health Services; and WHEREAS, the City Council finds the public convenience and necessity requires the operation of the ambulance services described herein, and the applicants are fit to conduct the ambulance business and have complied with the applicable requirements of Article II of Chapter 42 of the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Franchises for ambulance service within the city limits of Wichita Falls are hereby granted to: ❑ American Medical Response Service Inc., and ❑ Transtar Inc. 2. These franchises shall expire on October 4, 2027. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Tuberculosis Prevention and Control Program Federal in the amount of $16,052 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: This is a renewal grant for the Tuberculosis program. There is a required match of 20% or$3,210 which makes the total grant budget $19,262 The match requirement is met by in kind services from the City of Wichita Falls. There is one FTE covered by this grant who primarily performs directly observed therapy, contact investigations and provider education. The contract period for this grant is January 1, 2023 to December 31, 2023. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.0 Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Tuberculosis Prevention and Control Program Federal in the amount of $16,052 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same WHEREAS, the Health District and the Department of State Health Services desire to enter into a contract for continued Tuberculosis prevention and control; and WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the 2021 - 2022 budget, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $16,052 for the Tuberculosis Program and the City Manager is authorized to enter into a contract with the Department of State Health Services for the Wichita Falls-Wichita County Public Health District. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Ordinance accepting funds in the amount of $421,136.36 received from the FY 2021 Assistance to Firefighters Grant (AFG) and authorizing the City Manager to execute contracts and other documents related thereto. INITIATING DEPT: Fire STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: On December 7, 2021 the city council approved the application to the Federal Emergency Management Agency (FEMA) for replacement portable radios through the AFG grant program. On August 31, 2022 we were notified that the application was funded in the amount of$421,136.36. This amount covers portable radios for the fire department and will significantly reduce the impact to the IT fund for replacements. The grant requires a 10% match equaling $42,113.64. Staff recommends approval. ® Fire Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.D Ordinance No. Ordinance accepting funds in the amount of$421,136.36 received from the 2021 Assistance to Firefighters Grant (AFG) and authorizing the City Manager to execute contracts and other documents related thereto WHEREAS, the fire department has received notice of the award of 2021 AFG grant from the Federal Emergency Management Agency; and WHEREAS, the fire department desires to receive these funds to continue providing services to the city; and WHEREAS, these funds will be used to replace portable radios that have reached the end of their expected life; and WHEREAS, the receipt of these funds will significantly reduce the burden on the City's IT fund; and WHEREAS, a condition of accepting the funds is a city match of 10% which equals $42,113.64. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The 2021 Assistance to Firefighters Grant in the amount of$421,136.36 is hereby accepted and the City Manager is authorized to execute a contract with the Federal Emergency Management Agency accepting the grant and other documents related thereto. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Ordinance modifying the appropriations in the Sanitation Fund budget for the 2022-23 fiscal year to allocate $347,840.57 from Sanitation fund balance for the purchase of the Landfill Compactor through the Sourcewell Cooperative Purchasing from Yellowhouse Machinery Co. John Deere in the amount of $1,420,840.57, and declaring an emergency. INITIATING DEPT: Finance STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: COMMENTARY: In FY21-22, the City began saving for the replacement of one of the compactors at the Landfill and budgeted what was estimated to be the remaining funds to replace the Unit in FY22-23. $270,000 was set aside in FY21-22 and $803,000 was budgeted in FY22-23 for a total budget of $1,073,000. Once the budget was approved, Staff received an updated quote in the amount of $1,420,840.57 and delivery of March 2023. The vendor stated that due to the rising costs in steel, shipping and freight to get the parts to assemble, fuel, and inflation have increased dramatically over the last 4 months. Unit 1050 Compactor was purchased in 2006 and has had three overhauls. Unit 1050 has exceeded its lifespan and has been inoperable for the last 277 days. The repair costs exceed the unit's value and since it was set for replacement, it has not and will not be repaired. Meanwhile, the second unit, Unit 1066, was purchased in 2013 and has had an engine rebuild in 2020. Unit 1066 is now overdue for another overhaul to continue operations which is expected to take 6 months to complete. Over the last year, Unit 1066 has been inoperable for 68 days. Therefore, the Landfill has operated pushing, compacting, and placing the nightly cover with a D9 or D6 Dozer and excavator. When the compactors are not available, the landfill loses 15-30% of its compaction ratio and the operations to cover can take 2-3 operators and an additional two hours to complete the process. Based on airspace calculations, the landfill lost approximately 20 days of disposal space during these 68 days the compactors were both inoperable. In addition to lost disposal space, the Landfill had to expend over 270 hours of overtime costing the City approximately $6,120 to complete the daily cover requirements. Use of the dozers and excavator for compaction purposes also leads to safety and maintenance concerns as this equipment is not designed to operate on these unstable slopes and in this environment. PAGE 1 OF 9 PAGES AGENDA ITEM NO. 7.E In summary, Staff recommends approving Sanitation fund balance in the amount of $347,840.57, in addition to the currently budgeted amount of$1 ,073,000.00 to purchase the replacement Compactor. The timely purchase of the new compactor is critical to ensuring the landfill operations are efficient, safe, and economically beneficial to the City. ® CFO/Finance ® Director, Public Works ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 9 PAGES AGENDA ITEM NO. 7.E Ordinance No. Ordinance modifying the appropriations in the Sanitation Fund budget for the 2022-23 fiscal year to allocate $347,840.57 from fund Sanitation fund balance for the purchase of the Landfill Compactor through the Sourcewell Cooperative Purchasing from Yellowhouse Machinery Co. John Deere in the amount of $1,420,840.57, and declaring an emergency BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, the City is currently operating in the 2022-23 fiscal year; and, WHEREAS, Texas Health and Safety Code 363.003 finds "the improper management of solid waste creates hazards to the public health, can cause air and water pollution, creates public nuisances, and causes a blight on the landscape"and "the control of solid waste collection and disposal should continue to be the responsibility of local governments and public agencies."; and, WHEREAS, due to unforeseen historic inflation resulting in dramatically increased equipment costs, the City of Wichita Falls, FY 2022-23 Budget needs modification; and, WHEREAS, the City of Wichita Falls has determined that an emergency exists as the purchase of the Landfill Compactor is immediately required to combat a grave public necessity as the City was unaware of the extent of the increased costs of this equipment and it is necessary to perform this action to allow the City to properly dispose of municipal solid waste, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. All recitals above are hereby incorporated herein and The City of Wichita Falls Council finds all recitals and evidence as true and correct. 2. That pursuant to state law, no expenditure of the funds of the City shall hereinafter be made except in compliance with the budget and applicable state law; provided however, that in the case of grave public necessity emergency expenditures to meet unusual and unforeseen conditions may from time to time be authorized by the City Council as amendments to the original Budget and does, based on evidence presented herein and during the Council meetings, hereby find a grave public necessity exists to modify the original budget and said grave public necessity was unforeseen. 3. $347,840.57 of unrestricted fund balance will be used to increase the FY 2022- 23 Operating Budget to allow for the purchase of the aforementioned Landfill PAGE 3 OF 9 PAGES AGENDA ITEM NO. 7.E equipment from Yellowhouse Machinery Co. John Deere in the amount of $1 ,420,840.57, and that this ordinance is effective immediately. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 4 OF 9 PAGES AGENDA ITEM NO. 7.E --/ , . ii: 'A, i3P: ''''''‘ I\ II*111-1 iii'7':‘ * . - ' ''' \\10. 4 . 1 P ',"',, ,,,,' ' ,. ..,,I . \Ili ili\ \III\ 1 1\\ l' ' II 7 1\111 lilt k' ,,. :„ ,, , ,,,,,,tw ' -.,' — , '- II `ql°a� t J 1 m PAGE 5 OF 9 PAGES AGENDA ITEM NO. 7.E gl JOHN DEERE d deUSE $Nuke&orilmary Prepared For: Prepared By; CITY OFW'ICHITA FALLS GEOFF DRYSDALE PO BOX 143 Yellam-louse.Macrrinery Co. mootI-A FALLS, IX 75307 2800 Can'ra!E Freeway Busine$3 .140,751,74e.45 Wichita Falls. TX 76.301 JENNIFER.BAbINEAU% ' {'iWITAFALLSTX.GQV Pho-o 940.322-3337 Sec Idig oilawhause us "'Saure(weIPQucrtei" Ouotc Id: 27470"6 Toefilvery FF I March 202 G waled On; 20 September 2022 Last Modified On: 20 September 2022 Expiration Dale: 20 October 2022 E uiptitilietSummary S.elllr Price Qty Extended 30MAG BC 1'73 RB-5 5 1,274,840.57 X 1 = S'.270.540.57 TOPCON COMPACTiOV SYSTEM S 40.000 00 X 1 = $410.000 DO lot n 1 i r PrevtrIz8titi°e $45.000 00 X $.15.004.00 Mawntenarce-5 OCO HOUR MAIN E:NC..ET AGREEMENT' Jcnn Deere Extended Warranty-54 5 05,000 00 X. 1 = S 65 000 OD MONTH OR 5,D00 HOUR PREMIER COVERAGE Sub Total $1,420,840.0' Equipment Total $1,4 ,$4O57 Quote Su►nmaryr Equipment Total 5 1 420,540.67 SubTotal $ 1 420,a40.57 Total $1 420. 4C 57 0.cwr•Payment 10 CO) Periad Apphei7 (0 CO) Balame Due $1,420,844057 PAGE 6 OF 9 PAGES AGENDA ITEM NO.7.E JHN DE1E Selling � �E ui ment A # Quota Id; 2747,0116 Customer; tip,'or Wl HI`A AL " R.OAMA C RC 1171 R B=5 Hours; 0 Stock Number: Code Description Qtyl BASE BC 1173 R R-5 1 sun darl Options-Pier Unit EEC BOMAG TELEMAT;O POWER 1 FF1 PROTECC-IvF GRIT l 1 FL 1 FIRE EXTINGUISHER SYSTEM 1 FL2 FIRE EXTINGUISHER 1 S&4 OPERATOR EFFIC PACK LSA 1 Swi SERVICE KIT 3OCHR 1 T85 PR+tiMIUM VVHLE S 1 Y10 DOZER BLADE XL 1 Service Aw1*11100 11 TOPCON cciMIPAcTIoN r�TEM John Deere Preweniative Maintenance -5.000 HOUR MAINTENCE AGREEMENT John Deere Exiended Warranty-60 MONTH OR 5.000 HOUR PREMIER COVERAGE PAGE 7 OF 9 PAGES AGENDA ITEM NO.7.E IC Illrggnl Cornract NYS.032119.13AI Mtec. 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AJI sales by SOOIAc3 Americas, Inc.or any adtiltaila or sty :.Mt Awnencaa.Inc.cif products heari.-y lh813IOMAG'nerve are as ptbllaAe9'Terme and Gxttlltlana at Sale"at E1OMAG Arnarlcz=. rM Wp.a&ar such+ernrs and cDediiioma tr:,ale erury OLained horn th. Inc.r ciilly inindied at 125 Me Granite Parkway_Ridgeway,S' 19134. SALES O F14'E 126 Bale Grants Parlc+ay Fatiromf,SC 2SOIS Phone Number. MD3)337-0700 PAGE 9 OF 9 PAGES AGENDA ITEM NO.7.E CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution appropriating a total of $173,800 of American Rescue Plan (ARPA) Funding for renovation of 2 restrooms located at the Health District. INITIATING DEPT: Finance/Health STRATEGIC GOAL: Accelerate Economic Development STRATEGIC OBJECTIVE: Look for Post-Pandemic Economic Opportunities COMMENTARY: On June 14, 2022, the City Council approved a resolution adopting a general plan related to the future appropriations of the City's approximately $29.1M in federal ARPA funds. The plan included $173,800 for the renovation of 2 restrooms at the Health District. The restrooms are original to the building and are not ADA compliant. Additionally, the facility houses the Women, Infants and Children Program, a federally funded supplemental food and nutritional program for pregnant, postpartum, nursing mothers, infants, and children up to the age of 5 years. The project to renovate the 2 public restrooms will incorporate the space from an attached locker room which will make each stall larger and ADA compliant. The facility is located within a Qualified Census Tract and the primary beneficiaries of the project will be low and moderate-income patients and WIC program participants. The city has determined that adaptation of the restrooms will contribute to preventing person-to-person transmission of COVID-19 and other airborne infections. The following Resolution formally allocates these funds to the City's General Fund for this renovation. If approved, staff will begin the process of working with a local architect to complete plans and put the project out for bid. The City Council will consider approval of awarding the bid and construction contract at a later date. Staff recommends approval of the resolution. ® Director of Health ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.a Resolution No. Resolution appropriating a total of$173,800 of American Rescue Plan (ARPA) Funding for renovation of 2 restrooms located at the Health District WHEREAS, the City of Wichita Falls has received funding from the American Rescue Plan; and WHEREAS, City Council passed a non-binding resolution on June 14, 2022; and WHEREAS, funding of$173,800 was allocated for the renovation of two restrooms at the health District; and WHEREAS, the guidance from the American Rescue Plan Act allows for the appropriation of these funds, for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to appropriate a total of $173,800, of American Rescue Plan funding through the grant performance period, ending December 31, 2026, for the renovations of two restroom facilities at the Health District. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.a CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution appropriating a total of $250,000 of American Rescue Plan (ARPA) Funding to the Arts Community through the Wichita Falls Alliance for Arts and Culture in compliance with all federal, state and local rules and requirements for use of the funds. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth; Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Look for Post-Pandemic Economic Opportunities; Strengthen Partnerships with the Not-for-Profit Community COMMENTARY: On June 14, 2022, the City Council approved a non-binding resolution approving a general plan related to the future appropriations of the City's approximately $29.1M in federal ARPA funds. The plan included $250,000 for a funding allocation to the Arts Community through a process managed by the Alliance, similar to the current process used annually to allocate hotel occupancy tax (HOT)funds to the arts community. Due to losses during the COVID-19 pandemic, the Alliance needs, and meets the requirements, to be provided assistance utilizing ARPA funds. This project will provide funding for the local arts community through the Wichita Falls Alliance for the Arts and Culture (Alliance). The organization is a 501(c)3 non-profit and serves as the designated arts and culture grant-making entity for the City of Wichita Falls. The organization guides projects that broaden access to arts experiences and local arts tourism in Wichita Falls and the surrounding region. It also presents programs that highlight the diversity of the city, supports arts learning for children, and provides leadership to expand the capacities of local arts organizations. City staff and representatives from the Alliance will be at the meeting to make a short presentation and answer any questions. Staff recommends approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.b ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.b Resolution No. Resolution appropriating a total of$250,000 of American Rescue Plan (ARPA) Funding to the Arts Community through the Wichita Falls Alliance for Arts and Culture in compliance with all federal, state and local rules and requirements for use of the funds WHEREAS, the City of Wichita Falls has received funding from the American Rescue Plan; and WHEREAS, City Council passed a non-binding resolution on June 14, 2022; and WHEREAS, funding of $250,000 was allocated to support grants to the local Arts Community affected by the Covid-19 Pandemic; and WHEREAS, the guidance from the American Rescue Plan Act allows for the appropriation of these funds, for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to appropriate a total of $250,000 of American Rescue Plan (ARPA) Funding to the Arts Community through the Wichita Falls Alliance for Arts and Culture to be distributed in compliance with all federal, state and local rules and regulations for the use of funds. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.b CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: Resolution appropriating a total of $1,500,000 of American Rescue Plan (ARPA) funding to support grants to local Nonprofit Organizations. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth; Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Look for Post-Pandemic Economic Opportunities; Strengthen Partnerships with the Not-for-Profit Community COMMENTARY: During the COVID-19 Pandemic, local non-profit organizations were impacted. These impacts included reduced revenue due to cancelled annual fundraisers, loss of staff due to revenue shortages, decreased volunteer assistance, increased services provided due to financial and social impacts from the pandemic. These impacts were varied across many of the non-profit organizations due to the variety of services they provide. In order to assist these non-profits in restoring their pre-pandemic revenue and staffing levels, the city will provide assistance to non-profits that provide services in Wichita Falls. These will be for non-profit organizations that provide services to the public, specifically those services within the city limits. On June 14, 2022, the City Council approved a resolution adopting a general plan related to the future appropriations of the City's approximately $29.1M in federal ARPA funds. The plan includes $1.5M for a funding allocation to local nonprofit/tax-exempt organizations that have been impacted by the pandemic. Eligible nonprofits would have to apply to the City for funding, and any approved funding would have to otherwise meet the federal ARPA guidance. The process to apply for and receive funding is still being formalized; however, the overall plan for distribution of these grant funds is as follows: • Mayor Santellana recently appointed a five (5) person ad-hoc committee that includes (1) Councilor Smith, (2) Councilor Browning, (3) Leslie Schaffner - WF Area Community Foundation, (4) Vanda Cullar - SBDC at MSU, and (5) Marla Malone - Nonprofit Management Center at MSU; • The committee's charge is to work with City staff (Terry Floyd) in promoting the program and guidelines, setting up timelines for applications and review, reviewing applications and conducting interviews, and making a recommendation to the City Council on December 20, 2022 or January 17, 2023 for allocation of the grants. PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.0 Staff recommends approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.0 Resolution No. Resolution appropriating a total of $1,500,000 of American Rescue Plan (ARPA) funding to support grants to local Nonprofit Organizations WHEREAS, the City of Wichita Falls has received funding from the American Rescue Plan; and WHEREAS, City Council passed a non-binding resolution on June 14, 2022; and WHEREAS, funding of $1,500,000 was allocated to support grants for local nonprofit organizations affected by the Covid-19 pandemic; and WHEREAS, the guidance from the American Rescue Plan Act allows for the appropriation of these funds, for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to appropriate a total of $1,500,000 of American Rescue Plan (ARPA) Funding to support grants to local Nonprofit Organizations. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: A Resolution of the City of Wichita Falls, Texas, authorizing the City Manager to execute a professional services contract with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC for legal services on a contingent fee basis for collection of unpaid franchise fees subject to approval by the Office of the Attorney General. INITIATING DEPT: Legal STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Under Chapter 66 of the Texas Public Utility Regulatory Act ("PURA"), Tex. Util. Code § 66.001 et seq., a Texas municipality can collect a franchise fee from a video service provider if its programming is delivered over wireline facilities, even partly in the public right-of-way. See Tex. Util. Code §§ 66.005 & 66.002(10)—(11). Cable providers, which are also subject to Chapter 66, have remitted these franchise fees for many years. In recent years, more citizens have gone to subscription-based streaming services, such as Disney DTC LLC, Hulu, LLC, and Netflix, Inc., to watch movies and TV programs. These companies transmit their video programming through wireline facilities that are at least in part in the public right-of-way. Therefore, they are obligated to obtain a state- issued certificate of franchise authority and pay the required franchise fees. These companies have ignored these obligations. Consequently, they have deprived Texas cities of the required compensation for the use of the right-of-way. So far, 25 Texas municipalities have joined in a lawsuit against the three companies mentioned above, asserting that the companies are subject to PURA and have failed to comply with its requirements. The lawsuit was filed in Dallas County on behalf of Abilene, Allen, Amarillo, Arlington, Austin, Beaumont, Carrollton, Dallas, Denton, Frisco, Fort Worth, Garland, Grand Prairie, Houston, Irving, Lewisville, McKinney, Mesquite, Nacogdoches, Pearland, Plano, Rowlett, Sugar Land, Tyler and Waco. The petition asks that the Court award monetary damages and declaratory relief to the municipalities for damages owed for failure to pay franchise fees and order these companies and other video service providers (VSPs) to pay franchise fees going forward. Because the City requires legal counsel that specialize in complex litigation and are highly knowledgeable and experienced in the legal issues surrounding the non-payment of franchise fees by the VSPs, this Resolution would authorize the City Manager to enter PAGE 1 OF 18 PAGES AGENDA ITEM NO. 8.D into a contingent fee contract for legal services with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC ("Counselors") to represent the City in this Litigation. ® City Attorney ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 18 PAGES AGENDA ITEM NO. 8.D Resolution No. A Resolution of the City of Wichita Falls, Texas, authorizing the City Manager to execute a professional services contract with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC for legal services on a contingent fee basis for collection of unpaid franchise fees subject to approval by the Office of the Attorney General WHEREAS, the City intends to pursue claims for monetary damages, declaratory relief, and other legal remedies ("Damages") against Netflix, Inc., Hulu LLC, Disney DTC LLC, and other video service providers ("VSPs") as determined for non-payment of franchise fees as required in the Texas Video Service Providers Act, Texas Utilities Code Sec. 66 (the "Litigation"); and WHEREAS, the City's desired outcome in the Litigation is to recover from the VSPs Damages owed to the City for failure to pay franchise fees and obtain an order requiring the VSPs to pay the franchise fees going forward, in addition to other relief allowed under the law; and WHEREAS, the VSPs deliver video programming to their customers via broadband internet through wireline facilities located at least partially in the public right of way; and WHEREAS, the VSPs do not pay franchise fees to the City as required in section 66.005 of the Texas Utilities Code; and WHEREAS, the City has a substantial need of the legal services of counsel to represent it in the Litigation; and WHEREAS, the City requires legal counsel that specialize in complex litigation and are highly knowledgeable and experienced in the legal issues surrounding the non- payment of franchise fees by the VSPs; and WHEREAS, the City now desires to enter into a contingent fee contract ("Contract") for legal services with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC ("Counselors") to represent the City in the Litigation; and WHEREAS, Subchapter C of Chapter 2254 of the Texas Government Code ("Chapter 2254") requires that a political subdivision of the State of Texas, including the City, may enter into a contingent fee contract for legal services only after: (i)the governing body of the political subdivision has provided written notice to the public stating certain provisions enumerated within Chapter 2254; (ii) the governing body of the political subdivision approved such contract in an open meeting called, in part or in whole, for the purposes of considering such contract; and (iii) the governing body of the political subdivision stated in writing certain findings made by the governing body upon the approval of such contract; and PAGE 3 OF 18 PAGES AGENDA ITEM NO. 8.D WHEREAS, before the contingent fee contract for legal services is effective and enforceable, the City must receive approval of the Contract by the Office of the Attorney General of Texas or the Contract is otherwise allowed under Tex. Gov't Code Ch.2254, as amended; and WHEREAS, the City has caused notice of this Resolution, this meeting, and certain provisions enumerated within Chapter 2254 to be provided to the public in accordance with the Texas Open Meetings Act and Chapter 2254; and WHEREAS, the meeting at which this Resolution is being considered is an open meeting called, in part or in whole, for the purpose of considering: (i) the City's need for legal counsel to represent it in the Litigation; (ii) terms of the Contract; (iii) the competence, qualifications, and experience of the Counselors; and (iv) the reasons that the Contract is in the best interest of the City and complies with Chapter 2254; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 2. That the City Council hereby finds that: (i) there is a substantial need for the legal services to be provided in the Litigation; (ii) the legal services to be provided in the Litigation cannot adequately be performed by the attorneys and supporting personnel currently employed by the City; (iii) the legal services to be provided in the Litigation cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the Litigation and without imposing an unnecessary cost and burden on the City's finances; and (iv) the relationship between the City or the City Council and the Counselors is not improper and would not appear improper to a reasonable person. SECTION 3. That based on the findings by the City Council described above, the City Council hereby authorizes the City Manager to execute a legal services contract with McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC, approved as to form by the City Attorney, effective only upon approval by the Office of the Attorney General of Texas or as otherwise allowed under Tex. Gov't Code Ch.2254, as amended. SECTION 4. That it is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551 as amended, Texas Government Code. PAGE 4 OF 18 PAGES AGENDA ITEM NO. 8.D SECTION 5. That the City will pay the Counselors a contingency fee and expenses in accordance with the rates in Attachment A to this Resolution and contingent upon the recovery, if any, by the City in the Litigation. SECTION 6. That this Resolution shall take effect November 3, 2022 in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly so resolved. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney PAGE 5 OF 18 PAGES AGENDA ITEM NO. 8.D ATTACHMENT A rolz rizoi-TryiNc SLIZN (T1 '1 ()1.-V1/4 !LIMA ( ()NI.:( 1.1 11 IZE(.01,1 1.14.).....\(.11.1Sr. I Ana!h.,. Iwo. ',nil, h. Tiller. I c. .Anil 7'L I I -1 ....111,1 pro\ILL 011 I IiiIl . I 111C ( 01114:i:lk Zink. :-.crvi‘xs; lhe (otins..;li.)rs: shall 1... .rs the 1. PROI:E S Si .‘1, LEGAL SF [CRS are hen:II,. ..nod 1.. I. 111.: Hr.; in %R.tilt litition titi`-. ;u3(.1 other Annihilate Croin 'Hifi._ LTC, 1).1(.... 1 .1 c Hid service ("DJ,1'11,1;11'4.s") as flay for thiz 1.-1:1:11114-.0 1.21.21...11,...2(.1 in Secticii 01 L . I the The services to pciforni I ....•1.11 the 1...2rn1:- Contract. This Cowl 11.. 0.1 on by { il I rtp. 1k, i (.] from Lfltt tty iLtL ii hoth opn and cloNeLl of LEL,.! ii 2. li ihe pi l'ormark:i::- ()V ProissionAI I Lc. hR1advattee of Counselors, Cotin!.:..ior..; .Ind ivimbursi2 cost out of any recovery as detailed on A Ii.1%.1.1 3. RI.CI \ .S .( ) II .\... .E.riC) Ct C11.2254 Cr'1,111S.!ICIN- Further di.LtiQ, in i no: ith I QX. (.74JV't Code Ch. 2234,as amended,are eL .r.it in 1.\.-11-1- \, TERNI The term %hall iii )E) .:111%:r i1 i I . (.)1.1.20. Of'ffiC AilorTiOv (.;;.141.11 or 1 , ; ' 4:11 11114.S.S. i C'enni.Ac; I I ,i .'ii Set .ices under Jr,. 1., 15., -1L11...,--n1 5. TFRVITN: \ It )\ .1 -.2 City .‘111.‘i.n.2.., or 1/40111out ins i.,.211 (10) 'Ilk: notice mt.tst IIi id email Anil by,: T1.11 .,.1.1 niii1 Vi."11.111\;,..111 Er the Cii PAGE 6 OF 18 PAGES AGENDA ITEM NO. I 1� rr7ill,:l,., : 'tk iiht rrl Calrse; (i if City terr11iiial2 this Contract without �211k. �'. ( ��lnl�tls,r. .?`;III I':,' ','Ii• il,w' 1.:.1•..i17..1':I. i:11,;_' n1't'`w Icgal senriecg provided plus reintlittis,.:7r.,:11i for ;III CL) 'k ilk:1.1114 cl ;I'; III .illla I I I• i:.-t it) if the City resolves the lhroLLJ.1 II":II -c11.t'iii.i71, a\}:IP't'... s}1' I11115. Iii..'lll Fills:lor4 shall be paid httc}iis4\w' I.i I}ur,tt;rlli to Exhibit :1 ,kt the illtt .L kQL'L).er). 1._tiiti7.Ltt.':L ti'Llll C'au'c: 1r( t}11J7*v1151k laud t4] k;ltisfatit.1:'Jll '}tir=,7C[tl airy maieH;;I Isi11 Liiid1.r 1I11Comm..- IIL'll 1:111111-. tii".: 1'1111r.'. ;L ]}ct`1LL11. ]1 {`L7LL1lS.l�i1-k rail 10 w,It1-I:Lct•.'-11:. .tir. ;L f)t'I:Illll t\I. ':ii iIiirt4 (" [] tialciiLl:ii tl:i\ti •}t rvtiil\L1ig t4(ill_r1 iltrli'.' I''.'•'r" IIt. [ i11 -1',kkii'; i,,:' 11: 111 or lltw l t;1;111. '17, C i':, „t;Ik I, ,°`'.u111St this CS�II'._:L.L ':.�I'ti.tLl*:" I:: 3i IiicII t:l*ti ti.71111,,;11`.IL'I�`I1 mid L.ltic ( •'Llll::ti�.. ,'..`. '.I :IIIti"shall bt; c;.t1.ttlate(1 considering f::n1', Ia1;lr f:i.'1 ;117f{ .' r LLitt 1;11i. i1t�.114 •. •11 %11, I4:i1r.11 anon. s1-1.1 paid only out . ,ktl`• I y. t .bI"�. ] Counselor:-: rimy t ithdr'aw as permitted under the Rules of Pr(YIc i i[t%1I Conduct of iii. Stale. Ilan. !'•I ]L'\.]ti. 1111dcr ti5'hi.11 \ti lihilr27\S E1. 1s perrnincd iiicitl4ls the Ii}Ilt?Y.irl'.: r..lt the CIty consents. (1)) the Cr. it 1.111=ti;1'.7.1:Ih10 difficult 1...r 4 tiiiii•c1ors to carry out the ernplt}}'rucir: (r=) t11i . 11' lad.- to pay _\lto.}ll':,:`.-. °Lc- o}1' Co-.1.!, <i- icL[LILrc:1 Er, this C..,: tla'tit: or I'Ll) iIci.•1`111it1C it i-, ,ii,1 .', "t,liiit';111\' 1'k~,7 x'''31U Itwl' .'ll" .'I„-'k '•, l}..1'117r1i7 111,' Ser.. I:tiF. .; (.•.''...I I;a1,11`• l,ri']h_':I_, '.4 il.ialr..',4 I]S}]]] ='ti ll_'tikci iti1]'_ illc l:Li1-did:at Li' {•ii ��'i '11`i,,}�' ii 11c ;k11S1: it 1S rtic'I.J11`til'. 1.o do io 1 `, 117t 1111.' i,I L`i'�11.: 41i'11.11 {_•.•I iil;.:i.t. I.l:t' � I'.1 ;i i L. t{i 4;"'i11,i'r 11 :Itti (_ ilLri`c'1o1:. �':lli .' t,l ' I•: ;Il x..'r\':,•:� '}rt,','ic{�'41. 111kts 1' "i11':3ti-'w mL-i11 l•i'r C t,-lw 'lltt "atll:b ,il LTA. •..;111 [HA and ". -IILI"41 l5<I" tiI1C (3.i,33" It Ol tli. t, It'. total or" r'tirnhtirs.t1 i l ;L17 17•'111-1 ' 1},..i', 11:111 1ii.,I t\L'c.2t1 117t llt),.1-1\ i.11,; "•I', \ itl.t. Irl 1'..�1111}ll A. Ser:t]o17 : LI1 ;1 >:II 11,111si1t. both 1' 4` .911k1 rcEL1iI1Ii -..`m....11 oh( Cti \vall 134' paid I7 ('11.t7.1 []Elie a ]kcco\"c1-\. Ik cdxll :I:•"1: Ei. tllti C.it_,. II'Ca}u]1i-lt'rs - _ ii 'kc11Luii L_ itk ]:par-L1:L[Lt to stab ''t.LI ttAI ap I L° I .11i••\v" .lator11c\s 1 c. e.r_1'.1 t`1111 .1••I .'.I1',. *17.'.-- he :a14:4aatc 1 t:i.}]1'•:LI�L'.II l}:111.:'c al'.L[' fact!, tank] cirLLLi1]'•La]]L'c i• I'1',•:cl I11 r..t11 withd ';-Y.;al_ mid only, out of slit\' I ..'l'i', t' '... °tll 11 171 It1S rl',";1,d•.17!' i 17,: - I: i,1,'1'I)' value or :ti It Itiv,',Ll 4tiit oe,. (ir° L`c}r•tw r:Ii:i I tic ]tic'_.•;ii.d by the .itidi:'i,il .1rl,itr,tli 'It and St:rviix (J. \1 )• t,ili1 ]:: IN(.; LAW t_.ontr:lcl i "•LLl4` x111'14'L't to.. the Charter <rIr41 .}"41117.t''.e' ''I t17v amended, :dill all ;Lpplie;.ih':,, l;1'.:w or,hc St;tt4 tit` I4'.:Is 1 17 :; L + 11 r:7.; i . p..r1driiio1\le i11 ]).',11t1 { •}tllli'.. 1:'..L*. .L17L1 \�-uc It`r:7L1\ lee I action u17C1.r° C_.i"tr.1 ? -Ii.:1i IIv i - I s}Li Ics:l : :LIt..1 Ili ti, `:ll..11l 'w i`:7[l.r:i.ti1. -114 l:l3l* a_=.1 ti `tll .1iti1`°'•.''ll, 1`1 .S.IIk 411 '.�tlt_` I•.5",.7lkfllls' l v reosorial l•_` 4'.I:..w •} Itis.'.11 W.•_1'\ _e- '�I' C •,,1 : ,hall Ex� Ltli:Iti:l : `, 11'62 . ti•". .la] .lrEiiti'.3[_t}]l.lild l di:1',.i..i1i ',i. •. 1.\1` '' Ocl'.irc PAGE 7 OF 18 PAGES AGENDA ITEM NO. 7. ( II' ANY A,OVERSF: •11:11 We.... are not ..:.urrectv involved lifi2.ation in ...k.hieh it reprent., a pail. C.P.-;42 h cliff Cir.... and .:r.....-...c Chat thev fo,ill not und2r.ffke any I if 10 th... City or to au cillpierVee i 11.2 %%lili riir diselo..,ure to 1.1.11 con.,,ent t . the Cll., 8. CONFLICTS 11..c and Coun—..10ft intik....Anal entities nix.. -.eel,. to he I iii:ation and rcprescnted hv The that thc: !IL.% actual contlicts intcre:q Couns,elors. in Iiii.Jarion Iii.. theI ir:.f.ation. 11CCCity under!..ianLls tHt t would 1itoits •.) ;1171,,, r11.:1Vcnh.iee the C.a.'.40 thr,2 ha- 111,2 C.f., •••necl that I. in it, inferc,:tf: Lk, V. I or conilic.,f, or nix. 0,2cur, fr- a city p01. :111:t1 Ina\ tho C00'er ill !hi:, I ;ff....Ilion or 9. R EP R ES],NTATION OF RE!,.kTED INTER I. E'S shall have the right to repre..-;cnt other tnunic;palitics. :.0,..-Inncroal sulnlivisi.m>, hanchise ion con;:cia Rule, ... oncInci onilfc.is The City acknowledoes and agree,. that it is ..lif,:....rcenterff,; and differences rnav an.! ri 11,111 ( 1111 ill 7! ;11 iii LE12 ;1:1 .../k. 1-1iii ditiil and ILA lo resol... H.:. any the City and air,. other Client Group frfernher cannot res-oFve their differences and Conn....clop%:Jett-Th.1in.. con iir.iL I linAit their ability to provide conipetent and ...lir ai ion CI in this I.itif2ation. :hen the Citv agr.c.c:,.,that Coun.-:,. .•-•-• ri;i T..% 101 onus.... 17mu11....p-c,...f..ingCiry as re.solv.L. the conlici. iiitei i he 111;11 ( 11.10,V, at their de4.1.i01). re..v....-;ent other Client Uroup trierribers.alter....it v., li ii, T%.:. City aekil..0.4 that ore of the necessary of.t•ui rn rvpk11.!..1i011 iS ih, infor-9 Heim %21.)1„:c!rtling die Counselors noi co- Coutr......lors and for Chem all other conlideriti:11 Hi lotion by the City IA:II be p.01,...,1...2.. to the extent required ili1C4 of proi.e..,si..nal et....thliwt or of-4,1,...1-01.a, propQrjirrisdi....fion. The (_it,. IV n. itJ, ..7.orruhum„.11 con.2.2rnin5,,rhi!,; T %%ill 11,2 di PAGE 8 OF 18 PAGES AGENDA ITEM NO. Graup I Iiiii the 171 ,inwd 01 the Clicri I ,..11 iii111.!)er that ni:ide Cornm....mca':ion or 4,1,k.i..1,1,2diiiIiriiii iii ilie 01\ Ei1:11 conmL ni,:alions or inl....1111.1,.11 1h: 1 i(.1,2s to Couil,,:.1..1 %. and i;.,]...7111.17.ion. 7.7',;1% SIVI'V With '11.' 1)111,1 Ciik-.1 k irolip [he C. ill,- And n., •11 tlii re,ult of itlkiLly.al Ii aLi.. 01 a ...ciir•c1 01 ink:I ..A c'..hei ( ow" . ;in:\ inlorni:ilion ihi‘ relimin*, Chen.. Ciroup 10. CONTI.,TCT OF INTF.RE:ST It j imil.,T,.1t)0L1 and rd that the %%ill -.lir\ iFw Cii in the potential for any contlik.:t of interest in any legal nlau,z1.1.)f case \\;thin 24 hours of iisdis.c.c)v,:ry.. 11. ricES 0111,1'0, in S....Llion 14, any na\-mont. sta1.2m,,mt. i leniand required or permitted Lind 711isC. 11raLI I-) .2.i1her party to the other .1.1 I by cmall and pep...km:1.1 •ii 9,.\I I.Ii it tr liy Ina:_. plc-paid. Hied ....11...111 he adsin.. od Lk) th.e partie, at di._ 'Jan.\ nia\ cliaii.4e by written rilic.2 .11 9%. nolic:s shall b2 fico-n1/4;ki s)Ithrec Alter 311.C.1-::', 11 iiiiiid .l !.•1 R. F..•nlev .71" Ci \115111 \ OEN VVichi..1 I all,. .1.,.nz;ls 13(.11:1 71 Wielnta Fall,.-I 76307 kinie,,..tio2,glund.rivvichitarat1 tx.gov if-intended for Counselors, to: Wolens Li Smith .WO Ct.. Sic. 1500 1)s11;!,. IN 75201 rnA001....inith.cotn I :Ter.L.../n2v 1..I.0 507.* \ 7111 ti .ct. Sic, 3600 SE. I() 61101 Kiwi]. Si 4 PAGE 9 OF 18 PAGES AGENDA ITEM NO. ,E C 13:5 1N 7:<7(.1 -ail: Coiins;dor‘. (1..) not .ii.,..Ltrce1irirk.Wid,:' XIV repro0:2111;ltion hv i1L.I h:lt described i Section 1.0 pro., .1....ontraci, a SCE); i17„11 Coir1-:.1.)7',. :Ind 111, ( ii'. ::11 I), 13. Al rr()krn. ircav ion ; ;101:11111. 11IS L'1.7111C'L'Ll2(.1 '‘,.1111 handlirw ol`1112 I 2•.2 Atioin..n 11,2 !•-;hc. faith ,L'fforts 14. Arr.()1?\ \ ,i in to ill,. 1%1 1:c\ds I.)i" .icorn.2vs. recs. Lin,: cos.1.s. on 1. iiii : 4 :I....lion Om]. IA it-- I or the ('IL. this ;Intl on ;ill recovery ec,)-11i..,.-ctod(\vh,L.'111c.r1r.. ',All...111,2-M. Court judohnit, or 1 c()\EArt-VC iv It E-,111-11c-,• I mid. Jr., thc City ..11.iormn.. air.; othc.r 1)2r-4cm C'iEy tit bc. ry ard .I 10 hirn .11 (.01.131S.211‘TS LIII:iftSL". \VOL:114 10 it2.1.Kil to 'it h rn;:.iiA. or C'oirs.21.)- !--. ol ('ory,.217,11-1(12.1.1.:c [OR-yarded to h At 16. NO ASSII iNMENT Counselors shall not or convey (...'ontrut. in v..h.:ife or iii part. without the prior written :1: City A.ttorney. 17. COI.N.IMPAR 11 Contra...t in any nurnbc.r t ;........tmt..11)ar.D.. .2:.tch of which shall bc. ;in on, thk (•,..n11..h..1 ex.2.cuta in --.11;,111 only as of the k:,.\47ctition Cet int,."111:17i. I Ii I li Ant, .1' [hi:- (...ontra,-, to h xcatted. Any si.i,Tritur2. if.•• or including email transmission of a PDF 5 PAGE 10 OF 18 PAGES AGENDA ITEM NO. IR. CAPTIONS c itin to tilt:varioLts lass of th is Contract arQti intiriiiIiona1 purposes only and I not 011.1.1.2 11..\: I , \I \ 1-1(..)Nc; '•, Kialth \ 1i1.:1-..nOrated by critire or 13.011.11 :rid Lo Ili in Contract. [LT.: in [Ilk I i this Contrak:t ittiotut 110•111 Not rt at ILAs quararilec.d h', (1 and LILA 1111:.; Con.11ai21 up.— nit\ rc..sult. City tiirthQr 'Chat it is •.\. or ry.‘rin-1 it b .1 court 1. 11.:‘,2 11[..1.1 to r'.2[5],:sclill, !his Courk...2.1or's I 1.-1' Cit\ not r2 oil) authoHtv or n:.:2,..pon,ibility through this COntra..-. 1.1^ -21.1.1,2 :he ir;ii Ci1yha, 111,...• Th..111,-r .. •.• the Lii•:!..Ition 1),11:111.ofil)..• 6 .inkl 0..nsdors !..;11..11. •lli"...rrn or;ill 22. AT,PEZI)\- \.1. TETI:. .01TICE 1-171 r v . ;i ( )1: un'.11 Lipp"n\ Ili: I PI I 1,1 LK. AttOill Cp.:T.111'A ot isc. tIrrioidc41. CO)..1 \V ITT T CRT \TN VET. 1..\ 1 6T,-aqvcott of Tsrc... I irin .2',2r11•1',..s: 111; •`,..1 ror iLI111L1 iltiiis 11+7110 01.2;.1.L.„.; 111. 111,.• 110%. 011 • ;is 6.11111,2d S [1o11 . 1,X.r101 Fah Fin-n 1:Qrti rws Iltatti Finn" is not L.1.1.2,..14(..J in. J....r;iiion of .',,,groement not io ..:11:4.;ige. in the ty, ol the 00k.„.1-lin1ent .3. . ,712 .1.:no)oies Or Firearm 7 rack Finn ccrtilic-.. Finn do,- i•1.1 11.ive a practice., poiicy. guidancc., ak),:iin.:.1 iircairn ciii ii ir iraide asocial ion. or iNi11 not iiiscrmin.iic: 6 PAGE 11 OF 18 PAGES AGENDA ITEM NO. ;iiiiI '11-11111 11:141.: .10,....6.,1;111...:) 101 1114. 1.1-1 111011 AtIlk .\ 1Voinclit, as :274 i. I I 1:1„: I xs ..3ov.:rnmcn1 • ' • Terrori.vi •;,• For 01.iliL' I ;1,. L:IT1111.:111 1.:1C111 17:1111 9." thn1. at th..2 timc '1•it or al ol Firm_ i., a ..0111 '.1.11":* 11:'• i[1.2 CO/W[10/1LT Of P.1!I AL',OLI- Sti,1.1^th- 22-•'0.• 201 (if' `FtiVIS 64.y....Qrnr1an Ill. 4:.‘11,r;14:1!:. \\!L. pro de suppl i to a foro..;11 F:NEC -11:1) , 1022, COUNSELORS NICKOOL SLI1iL. P C. 1). 1,Volcns. 1,I,C Steven M. Berozney ASHCROFT surroN REYES LLC Austin R. Nimock.s CITY OF WICIIITA FALLS,TEXAS 1)arrron icukcr CiI Manager 7 PAGE 12 OF 18 PAGES AGENDA ITEM NO. \luri ]i.ill]Ie�7rr ]):il City CI.;r}t APPROVED .\'• TO FORM & LEGALITY: R. Finley Heggiund, Jr. City Attorney PAGE 13 OF 18 PAGES AGENDA ITEM NO. AND 1, (•irnipc•ns....ition (9`,Aitt.0111CVS' on :1 c,ontingency fee duLl im behalf City 1-....:.forkl‘ triLt: app,2;11. .:ini.,unt of Thirt% '..) I I. ror I ic Ill 11,1 iii 11 I Iiof Trial 01 iii h▪ 1111111 1iIri ii liii iii i :"..; upon a1p.2.ai in tlic...irnounl. and 0::.--third 'Jo) C-Attoi .▪ 1:co;,1- or -Contin,,....n,:y hi$ 11(A Stit I:0, 1a. bill L.Z 131.;:0 1.)..2k% • th, CI(k tiid COLI.ISellijn, (.-',Irr,OTOrS S11.11.1 li: iNtlitkd to Contin or yid-wilier the ;Iry ;1 ;:n ion oril•-.1n....2 1.2zesdation, ,,oluntary ▪ 7%...,111, 1il'it in .)r some oilier tn.:1110d F....." Shall N.: ;1110k.:all,".1 antiafhl LIN ;Old ;11.1V other ;ix! in the recovei-\ I propo tiwi to the gcoss amount Cl that recover., by eal.,.liparn...:ipant. Ciiy and that the in the p.L iniiu of either or ),All cl11'..1[1Lhi:-;,2 i.Lr Hriod, the thc rk...111 lo ; I .41.1:- CIICC211V.2 slant 11Cri2'flf1,21" 111.2 --I.1 I L'',7C I Lit,: .Ind ti..li Frat1=1116-: lor 1-cforc • 1..,Ics-') .L.A1 I idn,lik.2 on t'r alicr (-Pr City ;.:.[Ki hiiti • tlijr • oliii ion • 1.itigai ion rniOn Tristorical lraiiclii . ror 1,iFicIii I ▪ I ill,: :111101.L111 ;1!7.r.....:niki'nt. or tEiCiL ., iii !IL 'mill LV \\liar 1hin 5.%.0111(H1;! 11A1C. iii .11.1 '11 I 7.111....Inse rees for all inc,..:ding 11.11 ..siive DaL iiIi 11,11.:hm.11- then Co..nsAor$ to Attorn..:...s. hCC in tlic- ...mount ' I 01.111.2 ainouni •••210, ,ir Franthisd lull di,. ][i,tora. 1 ra]],...hiso FooN. I: not.. in, an> horn the City more than 33 1.3' c, of 9.11,2 The o1ec!..ontinL.ermv upon which the City will pay Fees to Corinsclors is a recovery and collection on whether by settlement,court jukiwnent. 0i i: 2, 1Z( ' T114: ▪ ithow ih.; iliCil arty :non. .11' I o lie maLL and 111.2 %;. 11,2 Or.111\ 4)1114.1.'4. 14) .").: 111. 114' And -.11;_s, fair ▪ %Alm' I. 11.111, 01 7V11L.E. :..LI 1)..' .:111 4)1' IL k, 11:5I \ to the ion ..1 11. ILLI2111,;111. PAGE 14 OF 18 PAGES AGENDA ITEM NO. I I IY:,,Iti,111 L�l ,:Ilt j1.n1 01111, 1.:11,2I ltw 1l'L' ( i1x ',+.ill H.: i11 11 1'111 . I F':rt)F"rtiai:x ("In k in:l III,: 1:1111, t"71 LI Il 11r,, ti°r1_. :ills{ kCl'l14`t` irr],!! 11. .:x .}I t'.11,' . ;Ltlrl 114 shall Ile i",71t- ';.L1:.{ 1`,t.rt:d km'.. 111.2 11:'es.Llt i:L[L1i- as t'l the .:ille s tt1ciiie111 ,ii SL=:i] _\iL.aL lud.4 ner.:,. 01 lllti -I1 -*.1L1[I rcr:L [.` be :'tt't:'.ed iliere dtcr. 117c ▪ Lees I.lie value or the In kt:_d i lii %M.IAI be ]laid arp.. I'- 1.,71 kllL_=l'- LI°", 17:L%L1.1e .}:.• 111. llti1t11.{,1 [*. 11 tllt initial Iiirt11' L1 :111;.:i111.;111 i irtsiill c.le-110 11.1. l! 1 "Illwl 1'_ k 111 hill. i11. I :II;!:; -. +.'s.ill klc ]>si[{1 rrclrti S ji)Scc]LLc[l1 x? Lwittc[lts. 011161Q i c0ee1 11clo[ :Irlt ;Il trl}1LL;; ':1l 111 111 ( Il'th.2 1';I [ii* .II :._!i. ,'.i111 -if--}vtiL to t}le 1. t+r;l" 1.11 l ':;7c1 r . tie- 111ti', V%H 17,1, IS)]I0Ns: \\'it11i111]Ii'.'1% 1 [.'I°-'.,LE :,Iti.. 17,.11', 1x"II >tilt..I :.Il :.l`lrl;ll�til4lLl;111ivtl.`.,' ,'IIkIL.ItiI :.II :. I[1]aisal of tire 2L-.;ti l+L :llti 111 l\'.IIC{ 'chef. I.:L.l7 1':,11'4"y ^ti l..-ci°-'i :L"+l 1,11+t`I 55 ill illtilti,IlLtil rir.A.a. and euiiler. }l resolLLlil+r ,71 111,; ili,l°nl 1* 1...0 r",::1,,17 cl kx Neill i ,1\ 1 61; I Ll:lkx 7 1`"11:11 ilf..:I :irlcl ciinl'..r, 111,: appr.liiLr . 'ss ill - 1 l :1 Iltl!,. ,.n:tl Iill,'..n I t :Il• T. L..' 11111c1 :11';}r;ii>cF s va�llialit ;, tie II: I'; lil7:Il ;Iltcl 17i+'.1117 .11 the Parties, to-'.:.Oi11,- if [1... ',HI,' l `i . '.[', rc..ci i^ In } is=tl rtilitil- . 111.+i71v ..,L Fees at,' a LI.. I}1. 111, l\ilitl. Iciitil- l+; tll '.+.ill hti d11:1crr111r1C[t [I'i-.111;3}l t"4 [tt[ltilal ;Lgrckr11.111 s71'th 'Value.;i71 :Ir1 . : Kind relief.they\Nil ]7r7. ti ',4iL11 ;1[7 ;L1r17;`,li:,;I1l;r,lac' '• ,I: r, I57°th Ll}.. ',4, Ir'111er.: 1 no 171011.1:71'+.'" ws7L ', ,tll ,\111'.rrlcvti' :; tell{} L7wts du to Cou.Itwc' i`1'* ;:I141,:r 1111°• 4711tf`t1�1 till,ll1. 17,i14: Croiri thti Citw's I11nc1, 41r the tirtic orrc,.:oveiT, tlr'4} r,7'.lcci `.11. 3. ('nsfs. It ;x ill bttnety-lsarn-for Coons fors to incur andcaclti`nnw',: :�rlcaifi court costs and o1h r gees o�':1�7 11 °+ rt}r the C11', .'l I^ I17,:,.; '1 •.1'; :7flx: 1 1.11 r. peii..,,>: "'.;;I\ Illb ...(l . 1711i are not Ifiiii1,'Li to, the l{)Ilov..i1t jillllc` ;III.' vl'.1:'v 1titit . t'.7 1`, I+1 I11kti`L':v';I`:I°s i k: . li:.rci _.\iL1l`cf llllti'''Llk{I11_:. air tar,2. yir17 ;11(1 11 L1i..iii 11;1 11'll- 5ti 'Itilti Illl t;le:i- I1741'm".'.1 - ;I"'.I Ittti:Ll'): llil"s";L'°'1`1 � fe1ifti I11(I Cbiatt trial :"ei .]ee- 1t:'S}liSltil:'- ll ,II illLl';}]S1 i11 .�lll.L ,I ':k{ lxlrt',1111+11 1ti�: and ecu..ir of a"It 1r;111-..:"I111:< ,,'.- •lll'x:.;'., a71i ;117L1 trier .\p.2r'wLs in llitcll',1,' :. i1 ':a ill to employ (.'1`IIIt-eI,c ';.. \1'1'". prior approval he 111.2 t 11 177.71 e:li 71i7k' .inci. ivy 11Y, ,: \_'�'YI xk'IItE'�w�:<. ilIid within Co., . The. City a€'rcc.4 to minthul`4a. Counselors for all r irotialllc Costs out of it.c. Allaro. of the %71 .\11oriievs. I sre,i ,'t,{ i17 mkt"i'n- I ,11i,{ 111k:ersl:itli'.s that Counselors ---;L L17.'ll" t,`I'l,1" .'\'} li*i . L17.'ILIC',:I15}. 1o1 ti'idi977�71C, tl.l'i; '▪ ,*.'; 11t, I:' ii al1"7-1, 1.111 C▪'Itti I; r,'l' 1i1..1 f_I'lllltii'I,i-c I11;1 h):1S.c1 Cr' Ilti';r` l7"`0 r.1ta share of 11i, `i111'1 ,7;311111:'[l- ;71' en ;;It's' oiltcr t+lllicl1 ;Lll :ll Iwt: ,'41, .'17 1"Ilti ;ii f1111 L11101'11led. - - In \1.+Illti II}a1.t ,t. - I`. I;]"Lx k}°_ 17t t, ,II', 11+1 [..'L117i k,'_' to i tai[l xpec]:ll .1-.1*I.Iti t.".117^tl ll L}"t rll:l'.'.,.r 111.'I 1.11:111 lr'l}�,.;u LLl,lll: III+.; ..'ll+. ` �;1:11 f'lw I'.,\;1rr1I`1:0, i i[1.44lul.atllt ky'aa 11 1�I w 'lllw t11 11%, ;1.`,'°4: 4 It) a t1111 l}:I lll�.., ".''. (..'11', w W:l�,L1111 .I i;,1111111,:1„ multi-party se1tItittwrit may r`c4lLLli`c :iLL Ili PAGE 15 OF 18 PAGES AGENDA ITEM NO. eth:. 01)1111...11 1.1011.1 01 .1 ...cr.!' io hid a del,•11(41 ..4• lIIc & IToithe 711;1.:, 1.2T...1111 01.111.0k.02 1p1.2`...:111. tIi CIL:7 such deente...I. a rail 01C. %Ind ..1`, 11,;:1‘.21111[)L1-`:0!. 10 (...01.177.,: 01':‘; i'.4 CH-0 4', IN,. I 1 )ill,: City rinds ih;:i 4 ,inil on b.Thalf of 111,2 City stk..- costs in 111%. pro\ Ill Li I A. If 11.1...iti 10 V..ill h.:.soldv 01.111. Cost. McK001 Smith.. P.C.'s (1.‘cicKni.)1)oltli“atiotl tO i-noitr and advance Costs. on 11,21:itile or(a) City. an(' •-inaL•ipalitic-... ..):: .2o%a11ni.:2n1 join.:LI iii 'Eh,. ] .i..i.„•.atior. (r,:-,.....‘4:•,11,:ssot wheth,2r sever.:d Ctorn Lk. 1 .•- i-.h 1;:ins ('otais,.,..:ors is Qaprd 41: itmil ithov 711;11 V. ttI.I ii-H2iirr.:c1 will he Anil rimrred 1-o.• Korvin -4. p 111 [or: . I rey s Fees. C'it‘ and s..lek an order for 771;1\--.21.0. :h.:. Ciiv's 'revs 'Tee, (as del jLLd iLlIi-zetions aki I. ii iLe City JL n I]] whole or in Li'jc.;ttion, its Qlforts to supp.Irt any if lite arikci 41`11..1 1.4.7_7,;11{111112. Ati0111,2V:;: 111 caLulalion ii` Section 1 mr.•init 01 ilk: I anc:. ill,. I ),..1....11.11111., as a roalloiiiiI11._ 1•i. r..1‘.111,111 o- .1 lb.:. I and CLC . thin tK dinouni und,2r the Contin*,ilicv Co. nevs" Fee shall [he Fee 47. l'ara.2.1:ipb I or And. in 0)411 ma% (..1.T1. 11;ti t1;.: st;atitory io Coir. lor,. by lb,: th.: l.i.1.(0111ey:LC ftl'eidd oiLLOf in th,2 5. IZca.4onal-114..ness. anti (:onns.:401-, 11.1v,•• •••••,:• r....1:•-onal-111..:ssi of tho fecs pm, ihi, ;17' 1101111\ :1 ZIMICIt1111) 1111..111. soine For io and Counsclois undor ih. ..ontirgono,.. foe is thL2 lid.1 01 LELec-lroit Ic...,tiired, the Ccunselors further the stibst‘ iti.:41 110T. ii. ....onipensated no r.o...0,,C1"5.. TL'Id....)1:1C. tlIL C'ity agro:s that it ill not i.x.mic:st lhe 1t:•-om171,::n.::•N or faimebs of this,....ontingency fele C.40-1.1-Ut. 11 PAGE 16 OF 18 PAGES AGENDA ITEM NO. 6 Possible. Efforts of 1)i.lenglants to invalidate Aerct,hrient., 111....? City ..r.d Counselors ar ..r.,=,-Ate (hot. m the defe...-darns in litig;itio!..! LI.) Li1 1.1iLlati2 public entit.....s and h!•,2iCitY :Lind Coumelors 1i.I that aiTh Li, this Contract uld lack merit Ha: this as set and in th.: joir Counselor.- al opposing Iloviever_ rottrid inu„. Nprki...svii-. 1.1w City ci7.4.uni.-,tanc..:s. 17. 1:11..;-..; 1Q,t),.;:1,... compens.a.:ed ':..aseLl on il...2ieilsonahle ....Zile ...I"its le.4:11s...21...:,:es :.:id V.ill. 11.2 11 Iftliere ]]i. UCCL:11....1;. thi2' rot. Ccs7:.4. 7 1)ivisioil of Attorne:i. I'ocs, Coun,,elors nun. \iiontcys' Fecs. Fir th,,2 this. %AM.' 1;.!..n and City in rLin . ruii 111.h.,‘ irl ht; (K' (Ay, .1.11.: City is inhormed that. tindertlie I;al miel) ntivh Inadc. the 0. ItilL 11 in w.ritinig :..i.di%isiori ill II,: the the laTh unon ill he :int" The ill not zirproval C'ounselor- ri:11.1, hi ....11111: eourNel 8. Recitals Pursuant to .1..e‘, (11. 2254. 8.1 Counselor—hall kc.p current and complete written time and exp,:a.i..-,2 :.,2eor;.18 :hat des;eri he in Li di 11i time and nioney spent each day in p...:rforrning. the eorr1ra....1„ Crc")1. 1 Code ;`,9' 2254,104(a), 8.2. Cowls...dor-, snail 1-.,...rrnit the. governing body or governing officer of the City. tile 0.11.0111Qy slate auditor. or ollwr ...ippropri;Lic. 1,1 or1ian\ time on required under 'Fe\ 6,', -1 11.4(b) 8.3 On cot...,:iusion of di._ uuu.ILftu CA which oere obtained. Cour.s.lois pri..H. Lie the CU., iili compl.le written stinerront that desctili...s the outcome of LIR: or;inv %1110'01 eorr I 1:11.;.41 Of .1111:1.111t ..:•Ontit1120111i , .111..1 expc.ip,2. req..nred Lu1Li r L7..).::11,1,LL: Writt.:11 Stai2McI1L tintki 71116% 1.71.1.1)11.: 1111.T.M.I.11011 SUbj..:',.1 to disclosure 2 V L t'od2. 8,4 All little and expensc records re-dui-red herein are pulilie information .subject to reqi:ir„:41 public disoks...,.re i:nder Texas (ioi.c.-nnieni Code 55.2. in 11.7.09.; Irk.).11 muiibr of thepuuiu wider 103 onb., ii. Ii iddition I t 31-lei:tin...Idle requirements of I? PAGE 17 OF 18 PAGES AGENDA ITEM NO. tbs2 1h. i tIi„:. inr.,rill.irion to pro14,...,1. 17% p..1-..11011 111 nkmdir..2 4iri ' i' ''. Il ;11111,111.114,7..;. litiLatio[L. 1l:•11,:ld [r' in. h)Cti. ink,1111.:11.1011 (hal Li 1...kitiir„:..,Ipublic not he 1/4., and : : r.. tII1LI. re,LEtr.Nd'o:, C▪ iov't Cod.: § 2254.10.4(d). 8.5 or ....11-...porit 1....2rn v h not a !-:11.irdioklo re on I\ d;fll.c.c. with icx. (joy).Code § 2254.1105(4). X. 11i iii▪iIiod Ir p.r....tri.cn1 of iiti...,.1111.11 Iid iIi..i iii']. iCi.k.‘iinhiirs,ink‘ir. Of any di. 111;...,11w1 Fl I 4.111 'be anti:Arm In :ii ion i, iIi FIIO..flL 6.0 225.1.11,30%.. 7 on(1. ill •-.L: t1 lirrul.,:d 8,8 „i‘n1ims,..11I. I : in n..1]...y.ni.Lph 1 ( • •I lc LI-5,:p.2ctecl difhcu1 n ;NA-brining th,,, t in L.T":I Iii isAgri:Q-1147ot.. [5%.' 111._ al ESL or \. long delx,.. I‘or thcl,).J.!....,21‘,2c- in tal i11ilt.._i L roir. pQrlOrrnd hotir on\ niciri11,21.s • 'rm:.;. for ol an hour kr. :...c.nior 'hour for ; iii "...,'s25 pa hour for. cons Oil the rc..A....on;11.)1... ii ii , nlary rate in thc locality for the tvn,. ...11141 di.:I11orrct-A.,7d ability, arid tlh: th„. as rcqui!...,.1 ::;:22'5•1.1.(1r,ia to pol rorill..2d. it' arty. 11\ %In attorn..2\.. clerk. Or I.)„. c01ir,t17,:t1. C11...:11Qr 111,2 rii..11,2!;,,al or i7- provictinL., lor iii. I. i 1irri.L.s111.2 lor thc. )%. tIic. p.:11....d.'g.;11 or is ;L ]LiiILLFIL. 1.,....,tikir2 aI11ouuts. 1.1)c ▪ does Lours or ;ntril)utablle to work pQ-,..lonried by a pen...on I i is not eruplo,,:d 13 PAGE 18 OF 18 PAGES AGENDA ITEM NO. CITY COUNCIL AGENDA October 4, 2022 ITEM/SUBJECT: A Resolution of the City of Wichita Falls, Texas, finding that Oncor Electric Delivery Company LLC's ("Oncor" or"Company") application to change rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the Company and legal counsel. INITIATING DEPT: Legal STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: On May 13, 2022, Oncor Electric Delivery Company LLC ("Oncor" or "Company") filed an application with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by about $251 million or approximately 4.5% over present revenues. The Company asks the City to approve an 11.2% increase in residential rates and a 1.6% increase in street lighting rates. The impact of this requested increase on an average residential customer using 1,300 kWh/month would be about $6.02 per month. In a prior City action, Oncor's rate request was suspended from taking effect for 90 days, the fullest extent permissible under the law. This time period has permitted the City, through its participation with the Steering Committee of Cities Served by Oncor ("Steering Committee"), to determine that the proposed rate increase is unreasonable. Consistent with the recommendations of the experts engaged by the Steering Committee, Oncor's request for a rate increase should be denied. Accordingly, the purpose of the Resolution is to deny the rate change application proposed by Oncor. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of Texas, where the appeal will be consolidated with Oncor's filing (i.e., PUC Docket No. 53601) currently pending at the Commission. All cities with original jurisdiction will need to adopt the Resolution prior to October 30, 2022. ® City Attorney ASSOCIATED INFORMATION: Resolution PAGE 1 OF 4 PAGES AGENDA ITEM NO. 8.E ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 4 PAGES AGENDA ITEM NO. 8.E Resolution No. A Resolution of the City of Wichita Falls, Texas, finding that Oncor Electric Delivery Company LLC's ("Oncor" or "Company") application to change rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the Company and legal counsel WHEREAS, the City of Wichita Falls, Texas ("City") is an electric utility customer of Oncor Electric Delivery Company LLC ("Oncor" or "Company"), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee"), a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost-effectively review and respond to electric issues affecting rates charged in Oncor's service area; and WHEREAS, on or about May 13, 2022, Oncor filed with the City an application to increase system-wide transmission and distribution rates by$251 million or approximately 4.5% over present revenues. The Company asks the City to approve an 11.2% increase in residential rates and a 1.6% increase in street lighting rates; and WHEREAS, the Steering Committee is coordinating its review of Oncor's Application and working with the designated attorneys and consultants to resolve issues in the Company's filing; and WHEREAS, through review of the Application, the Steering Committee's consultants determined that Oncor's proposed rates are excessive; and WHEREAS, the Steering Committee's members and attorneys recommend that members deny the Application; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: Section 1. That the rates proposed by Oncor to be recovered through its electric rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. PASSED AND APPROVED this the 4th day of October, 2022. Section 2. That the Company shall continue to charge its existing rates to customers within the City. Section 3. That the City's reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. PAGE 3 OF 4 PAGES AGENDA ITEM NO. 8.E Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law, and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. That a copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202, and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle& Townsend, P.C., 816 Congress Ave., Suite 1900, Austin, TX 78701. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney PAGE 4 OF 4 PAGES AGENDA ITEM NO. 8.E CITY COUNCIL AGENDA OCTOBER 4, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Tymco Model 600 Regenerative Air Sweeper through the Houston-Galveston Area Cooperative (H-GAC) from Tymco, Inc. in the amount of $327,260.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: The City is required to limit the debris and sediment that drains from the streets into our drainage system per our Municipal Separate Storm Sewer System (MS4) Storm Water Management permit. The replacement unit will be used by the Street Division to meet the storm water drainage system maintenance requirements. The unit will replace a 2009 Tymco that is no longer serviceable. Staff recommends the regenerative model from Tymco because it is a better fit for the City's sweeping requirements and it matches the existing fleet for maintenance purposes. We also have a positive history of customer service, reliability and timely parts delivery with Tymco. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Due to inflation and other rising economic costs, the estimated purchase price of the replacement sweeper increased since quoted in May 2022 when the budget was submitted. The Stormwater Utility fund has the available balance to transfer the needed funds from budgeted capital for FY22-23 to cover the increased cost. Therefore, staff recommends the purchase of one (1) Tymco Model 600 Regenerative Air Sweeper through the H-GAC purchasing cooperative from Tymco, Inc. in the amount of $327,260.00 Budgeted Cost $310,000.00. ® Director of Public Works ASSOCIATED INFORMATION: Resolution , Quote ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO.8.F Resolution No. Resolution authorizing the purchase of one (1) Tymco Model 600 Regenerative Air Sweeper through the H-GAC Purchasing Cooperative from Tymco, Inc. in the amount of $327,260.00 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, THE City Council finds that TYMCO, Inc. is offering one (1) Tymco Model 600 Regenerative Air Sweeper through the H-GAC Purchasing Cooperative, and it is in the City's best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City staff is authorized to execute documents necessary to purchase one (1) Tymco Model 600 Regenerative Air Sweeper through the H-GAC Purchasing Cooperative from Tymco, Inc. in the amount of$327,260.00. PASSED AND APPROVED this the 4th day of October, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO.8.F icon rract - III Liirerj, .17 --- CON (il..A.C:T PRICINC: WOIZKSHEL:1 I . nilly : 1 BuY " r 11,1(Y1T)It V F.H IC.1.F:',. C 1 n13 1 No.: rcd: M. ..7 Cu . , .... . Thi.„ 1,4 or fo..h i)el in pror 11.61 by C'olitractor Ititil given ( i L01(1113.07. 11-er PO is issued, both ihiciluirs 1;ST be iiixed to 11-GA C'ra 713-9 93-4,i48„ Thcrifo.re please Yi'pe oor pri•li frgihiy, Eltignp . -- -r‘k",N1(70, IOC. OSSt..F. 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