AGD 08/15/2023 City of Wichita Falls
City Council Agenda
Stephen Santeliana, Mayor
Bobby Whiteley, Mayor Pro Tem/At Large ' \ .
Michael Smith, District 1
Larry Nelson, District 2 �.
\--Uc4i4
Jeff Browning, District 3 rA s�4 a S Tim Brewer, District 4 � � c�,r 1
TEXAS Steve Jackson, District 5 `�� . 4,1
S/ue5Aie:4o/deo 0 ortumities:
�� Darron Leiker, City Manager �rA A,tt.5"
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, August 15, 2023, 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/citvofwichitafalls)
3. A video of the meeting will be posted on the City's YouTube page
(https://www.voutube.com/citvofwf)
Item #
1 . Call to Order
2. (a) Invocation: Minister Ken Holsberry
Tenth & Broad Church of Christ
(b) Pledge of Allegiance
3. Presentations
(a) Proclamation — League of Women Voters Equality Day/League of Women Voters
CONSENT AGENDA
4. Approval of minutes of the Mayor and City Council:
1 . August 1 , 2023 Regular Meeting
2. August 8, 2023 Special Meeting
5. Resolutions
(a) Resolution authorizing the City Manager to execute all documents necessary to
purchase the 175 Solarmax LED Ballfield Lights from Solarmax LED, INC. to
replace aging lights at the youth baseball fields located at Kiwanis and Lake
Wichita Parks in the amount of $83,125
(b) Resolution authorizing the City Manager to apply for non-matching Grant Funds
from the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program in
the amount of $37,692.00 with co-applicant, Wichita County Sheriff's Office
6. Receive Minutes
(a) Metropolitan Planning Organization - Technical Advisory Committee, April 6, 2023
(b) Metropolitan Planning Organization — Transportation Policy Committee, April 25,
2023
(c) Lake Wichita Revitalization Committee, June 13, 2023
REGULAR AGENDA
7. Public Hearings and Ordinances
(a) Public hearing and consideration to rezone 2203 Missile Road (+/-3.43 Acres of
the Lewis Wells Survey, Abstract 323), from Limited Commercial (LC) to Planned
Unit Development — Residential Use (PUD-RU) zoning district to allow for the
construction of a 48-unit multi-family complex
i. Public Hearing
ii. Take Action
(b) Ordinance amending Chapter 94, Article I, Section 94-15 to allow for the expansion
of the use area, creating new hours of operation, and limiting the speed of Personal
Mobility Devices within the Central Business District
8. Public Hearings and Resolutions
(a) Public Hearing on the Fiscal Year 2024 Proposed Operating Budget and
Resolution Setting a Date for Adoption of the FY 2024 Budget
i. Public Hearing
ii. Take Action
(b) Resolution expressing the City Council's intent to place a proposal on a future
Council agenda approving a property tax rate that exceeds the no new tax rate,
but does not exceed the voter-approval tax rate; scheduling one public tax rate
hearing, and establishing the date to vote on same
CITY COUNCIL AGENDA
PAGE 2 OF 4
(c) Resolution nominating Howmet Castings & Services, Inc., located in Wichita Falls,
to the Office of the Governor, Economic Development and Tourism through the
Economic Development Bank for designation as a Single Enterprise Project
(Project) under the Texas Enterprise Zone Program (EZP) under the Texas
Enterprise Zones Act, Chapter 2303, Texas Government Code (Act)
(d) Resolution accepting the Health Official's Report regarding the need for local
governmental requirements pertaining to agricultural operations, as required by
House Bill 1750, to retain and enforce Chapter 14, Animals, and related ordinances
of Wichita Falls
(e) Resolution authorizing the City Manager to Execute a Raw Water Purchase
contract with Oklaunion Power Station LLC
9. Other Council Matters
(a) Staff Reports
1 . Memorial Auditorium Building Renovation Update— Dick Bundy & Steve Wood
from BYSP Architects, Blake Jurecek
(b) Announcements concerning items of community interest from members of the City
Council. No action will be taken or discussed.
10.Comments from the public to members of the city council concerning items that are
not on the city council agenda. People wishing to address the council should sign up
prior to the start of the meeting. A three-minute time frame will be adhered to for those
addressing their concerns. Since comments from citizens are not posted agenda
items, the City Council is prohibited from deliberating or taking any action, other than
a proposal to place the item on a future agenda. Staff may provide factual statements
in response to inquiries or recite existing policy.
11 .Executive Sessions
(a) Executive Session in accordance with Texas Government Code § 551 .087, to
discuss or deliberate the offer of a financial or other incentive to a business
prospect that the City Council seeks to have, locate, stay, or expand in or near the
territory of the City of Wichita Falls and with which the City and/or economic
development corporations created by the City are conducting economic
development negotiations
(b) Executive Session in accordance with Texas Government Code § 551 .072, to
deliberate the purchase, exchange, lease, or value of real property interests due
to the fact that deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third party
12.Adjourn
CITY COUNCIL AGENDA
PAGE 3 OF 4
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 9th day of August, 2023 at 5:50 o'clock p.m.
llll City Clerk I
CITY COUNCIL AGENDA
PAGE 4 OF 4
City of Wichita Falls i - 3
J r `fln
City Council Meeting ,r ,� > >
'
.....� Minutes ,, "�� � �,� '.
idiC4/44
a August 1 , 20235 �6�rt ,'b "1 4
TEXAS \ 'fv ' �
$/Skies 4o/dera O�parturyties ,
Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in regular session at 8:30 a.m.
on the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Minister Scott Franks, Edgemere Church of Christ, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3a — Employee of the Month — Natali Jimenez, Police Department
8:33 a.m.
PAGE 1 of 11
AGENDA ITEM NO.4.a
Mayor Santellana recognized Natali Jimenez as the Employee of the Month for August
2023 and shared a brief video. Mayor Santellana congratulated Ms. Jimenez and
presented her with a plaque, letter of appreciation, dinner for two, and a check, and
thanked her for her service.
Proclamation — Safe Digging Week and National 811 Day, Atmos Energy/Pam
Hughes-Pak
8:38 a.m.
Mayor Santellana read a proclamation proclaiming August 6-12, 2023, as Safe Digging
Awareness Week and August 11 , 2023, as National 811 Day in Wichita Falls, and urged
all citizens to focus on the vital message of calling 811 before you dig.
Proclamation — Farmers Market Week 2023, Downtown Wichita Falls
Development/Jana Schmader
8:42 a.m.
Mayor Santellana read a proclamation proclaiming August 6-12, 2023, as Farmers Market
Week 2023 in Wichita Falls and urged all citizens to join him in furthering awareness of
the importance and impact of Farmers' markets on a community and to ask everyone to
support our local market August 6-12 in conjunction with Farmers Market Week.
Item 4-5 — Consent Items
8:45 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Nelson and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith and
Whiteley
Nays: None
CITY COUNCIL MINUTES
August 1, 2023
PAGE 2 OF 1 1
PAGE 2 of 11
AGENDA ITEM NO.4.a
Item 4—Approval of Minutes of the July 18, 2023, Regular Meeting of the Mayor and
City Council
Item 5 — Receive Minutes
(a) Library Advisory Board, April 4, 2023
(b) Wichita Falls —Wichita County Public Health Board, May 12, 2023
(c) Fire Fighters and Police Officers' Civil Service Commission, May 22, 2023
(d) Planning & Zoning Commission, June 14, 2023
Item 6a — Ordinance 40-2023
8:46 a.m.
Ordinance calling a General Election by the qualified voters of the City of Wichita Falls to
be held on Tuesday, November 7, 2023, for the purpose of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5; and authorizing a contract with
Wichita County to furnish election services and equipment.
Moved by Councilor Brewer to approve Ordinance 40-2023.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 6b — Ordinance 41-2023
8:47 a.m.
Ordinance making an appropriation to the Special Revenue Fund in the amount of
$4,000.00 for reimbursement funding from the Treasury Executive Office for Asset
Forfeiture (TEOAF) Reimbursement Program administered by the Office of the Secret
Service Administration.
Moved by Councilor Browning to approve Ordinance 41-2023.
CITY COUNCIL MINUTES
August 1, 2023
PAGE 3 OF 1 1
PAGE 3 of 11
AGENDA ITEM NO.4.a
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 6c — Ordinance 42-2023
8:49 a.m.
Ordinance authorizing the City Manager to approve a request from Raul Rodriguez and
Jessyca Martinez to close, vacate, and abandon a 9' X 29.5" alley between 1311 Bell
Street and 1401 Bell Street as well as between 1310 Giddings Street and 1312 Giddings
Street that consist of approximately 2,614.5 square feet more or less as depicted and
indicated on the attached exhibit.
Moved by Councilor Brewer to approve Ordinance 42-2023.
Motion seconded by Councilor Browning.
Moved by Councilor Brewer to amend the main motion to change 9' x 29.5" to 9' x 290.5'
in the caption and body of the Ordinance.
Motion to amend seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
The main motion as amended was approved by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 6d — Ordinance 43-2023
8:52 a.m.
CITY COUNCIL MINUTES
August 1, 2023
PAGE 4 OF 1 1
PAGE 4 of 11
AGENDA ITEM NO.4.a
Ordinance authorizing the City Manager to execute all documents necessary to apply for
and accept up to $1 million in 2023 Federal Aviation Administration Entitlement grants at
Wichita Falls Regional Airport.
Moved by Councilor Brewer to approve Ordinance 43-2023.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 6e — Ordinance 44-2023
8:55 a.m.
Ordinance authorizing the City Manager to execute all documents necessary to apply for
and accept up to $100,000 in Texas Department of Transportation Aviation Division
Routine Airport Maintenance Program (RAMP) Funds for FY 2024 Projects at Kickapoo
Downtown and Wichita Falls Regional Airports.
Moved by Councilor Browning to approve Ordinance 44-2023.
Motion seconded by Councilor Smith.
Charisma Thrash, KFDX News, asked for a breakdown of the this grant as well as the
previous agenda item. John Burrus, Director of Aviation, Traffic, and Transportation
stated he will provide Ms. Thrash that information. Mr. Leiker stated that an agenda item
from the previous meeting includes the contract and breakdown of the funds.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Mayor Santellana moved to item 7a.
CITY COUNCIL MINUTES
August 1, 2023
PAGE 5 OF 1 1
PAGE 5 of 11
AGENDA ITEM NO.4.a
Item 7a — Resolution 83-2023
8:58 a.m.
Resolution approving a substantial amendment to the 2021 Action Plan to amend the
HOME-American Rescue Plan (HOME-ARP)Allocation Plan and re-allocate $714,872 in
HOME-ARP funding.
Moved by Councilor Brewer to approve Resolution 83-2023.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7b — Resolution 84-2023
9:03 a.m.
Resolution approving the 2023 Annual Action Plan to allocate Community Development
Block Grant (CDBG) funds in the amount of $1 ,220,974 and HOME funds in the amount
of $459,482, and reallocating $200,000 in prior year CDBG Funds; authorizing the City
Manager and Assistant City Manager to execute all HUD documents.
Moved by Councilor Brewer to approve Resolution 84-2023.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7c — Resolution 85-2023
9:06 a.m.
Resolution authorizing a contract for professional services to Brinkley Sargent Wiginton
Architects, Inc. (BSW) in association with Bundy, Young, Sims, and Potter (BYSP)
Architects for a Public Safety Facilities Study for the Wichita Falls Police Department
CITY COUNCIL MINUTES
August 1, 2023
PAGE 6 OF 1 1
PAGE 6 of 11
AGENDA ITEM NO.4.a
Headquarters (PDHQ) and Fire Stations #1 , 2, 4, & 6, in the amount not to exceed
$169,030.
Moved by Councilor Browning to approve Resolution 85-2023.
Motion seconded by Councilor Whiteley, and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7d — Resolution 86-2023
9:18 a.m.
Resolution authorizing the repair of a raw water pump and motor in the Lake Kemp Pump
Station at Headquarters Road through the BuyBoard Purchasing Cooperative from Smith
Pump Company, Inc., in the amount of $130,495.00
Moved by Councilor Brewer to approve Resolution 86-2023.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7e — Resolution 87-2023
9:20 a.m.
Resolution authorizing the sole-source replacement of a Brine Pump at the
Microfiltration/Reverse Osmosis Brine Pump Station within the Cypress Water Treatment
Facility, from Xylem Water Solutions U.S.A., Inc., in the amount of $180,080.00.
Moved by Councilor Browning to approve Resolution 87-2023.
Motion seconded by Councilor Jackson and carried by the following vote:
CITY COUNCIL MINUTES
August 1, 2023
PAGE 7 OF 1 1
PAGE 7 of 11
AGENDA ITEM NO.4.a
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7f— Resolution 88-2023
9:23 a.m.
Resolution authorizing the City Manager to approve Change Order#1 & Final for the 2023
Sewer Budget Utility Improvement Project Phase 1 for a decrease in the amount of
$622,456.00.
Moved by Councilor Brewer to approve Resolution 88-2023.
Motion seconded by Councilor Browning.
Russell Schreiber, Director of Public Works, stated these funds will be rolled into next
year's Sewer Budget Utility Improvement Project.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8a — Staff Reports Proposed Personal Mobility Device Ordinance Changes —
John Burrus
9:26 a.m.
John Burrus, Director of Aviation, Traffic, and Transportation, gave a presentation
regarding the proposed changes to the mobility device Ordinance. The proposed changes
include expanding the boundaries in the Downtown area, setting hours of operations from
6:00 a.m. — midnight, requiring companies to report accidents, limit the speed limit to 25
mph, and remove restrictions regarding the limit of the number of mobility devices allowed
per company. Mr. Burrus suggests that during the permitting process, each company
provide the maximum number of scooters they will have that year. There was brief
discussion regarding the minimum age, expanding services to Midwestern Parkway, and
safety concerns.
CITY COUNCIL MINUTES
August 1, 2023
PAGE 8 OF 1 1
PAGE 8 of 11
AGENDA ITEM NO.4.a
Item 8b — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
9:34 a.m.
Councilor Whiteley congratulated Natali Jimenez, Employee of the Month, and stated that
he is excited to see the study on the Fire and Police facilities and would like to find the
money to help make that happen. Congratulations to all acknowledged during the
Proclamations this morning.
Councilor Browning stated with Hotter'N Hell coming this month, there is a need for more
housing and he encouraged individuals to volunteer.
Councilor Smith discussed calls he received concerning the drought and lowering lake
levels. He stated there is a plan and a committee to monitor this, and this is a regional
issue since we sell water to other individuals. He discussed a study from TML showing
that our water rates are in the middle of rates across the state, even though we are still
paying for the water reuse project. He praised the water reuse system that assists with
getting approximately 10,000 gallons of water per day back into our lakes, and stated he
would like to alleviate any fears or concerns as we have a great water system and plan.
If you have any questions, please reach out to your City Councilor or City staff.
Councilor Brewer thanked Marie Balthrop, City Clerk, for her work on the TML Region V
meeting, and thanked Christi Klyn for her work getting individuals hired to fill positions. If
you are looking for a job come see her and she will put you to work.
Councilor Jackson thanked Mr. Burrus for the new bus stops in his district. He asked
individuals to please be careful with cigarettes since we are in a burn ban and drought.
He encouraged everyone to be aware, and stay hydrated during the heatwave.
Mayor Santellana thanked Jana Schmader for bringing forward the Farmers Market
Proclamation and encouraged citizens to visit the market. He suggested everyone go to
see the new sign on the Delta Hotel. He attended the first meeting at the Wichita Falls
Country Club of a new group to help with revitalization and raising money for things the
City may not have funding for. The meeting was well attended and it was a good meeting
with both Mayoral candidates in attendance. He discussed the upcoming Hotter `N Hell
event and encouraged people to attend and volunteer.
Councilor Nelson discussed the body cam grant and how we should hear if we are being
awarded the grant soon. He stated there are four candidates in the audience and asked
them to stand.
CITY COUNCIL MINUTES
August 1, 2023
PAGE 9 OF 1 1
PAGE 9 of 11
AGENDA ITEM NO.4.a
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:47 a.m.
There were no comments from citizens.
Item 10 — Executive Sessions
City Council adjourned into Executive Session at 9:47 a.m. in accordance with Texas
Government Code §551 .071 and §551 .072.
City Council reconvened at 10:28 a.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
Mayor Santellana returned to item 6f
Item 6f— Ordinance 45-2023
10:28 a.m.
Ordinance of the City of Wichita Falls, Texas Determining the Necessity of Acquiring Real
Property for the Construction of a Public Park on Property Located at 100 Central East
Freeway, owned by Wichita Falls Hospitality, Inc.; Authorizing Appropriation of the Real
Property and/or the Use of the Power of Eminent Domain to Acquire the Real Property
for Public Use; and Delegating Authority to Initiate Condemnation Proceedings to the City
Manager.
Moved by Councilor Smith that the City of Wichita Falls authorize the use of the power of
eminent domain to acquire 100 Central East Freeway, Wichita Falls, Texas also known
as Lot 1 , Block B-1 Scotland Gardens Addition, pursuant to the amended final plat of
record in Volume 26, Pages 215-216 Wichita County Public Records containing 12.655
acres more or less for the public purpose of a public park.
Motion seconded by Councilor Jackson.
Paul Menzies, Assistant City Manager, discussed the need for public access to The Falls,
discussed how the City currently owns and operates an RV Park to the northwest of the
CITY COUNCIL MINUTES
August 1, 2023
PAGE 10 OF 1 1
PAGE 10 of 11
AGENDA ITEM NO.4.a
property, and recently acquired the 14-acre tract between the RV park and this property
for public use. If acquired, 100 Central East Freeway would be used for a public park
project. Approval of this Ordinance will authorize the use of eminent domain powers, if
necessary, but staff will work with the owners to acquire the property voluntarily.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Councilor Smith stated that there is a draft plan for the public park that is attached to this
agenda item and available for the public to see. This plan includes trails and bike paths
to add to activities already available in that area.
Item 11 —Adjourn
Mayor Santellana adjourned the meeting at 10:34 a.m.
PASSED AND APPROVED this 15th day of August 2023.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
August 1, 2023
PAGE 11 OF 11
PAGE 11 of 11
AGENDA ITEM NO.4.a
City of Wichita Falls i - 3
J r `fln�:
City Council Meeting �Y
/r
r ¢
.....� Minutes ,,', ,l � ' • Pi
.
)),�,��• 4 a
August 8, 20235 �6�rt 'b " 4
1
�V I .,Flp�'_ � iZ "
T E X A S '* fir 11.1.6'1 y";
$/ i SAY-F.Cfo/dera O�pa1fiu 7ie5 ,
Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in a special session at 8:30 a.m.
on the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Father Elmer Miguel, Church of the Good Shepard, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3 — Work Session to Consider Proposed FY 2023-2024 Budget
8:31 a.m.
PAGE 1 of 4
AGENDA ITEM NO.4.b
Jessica Williams, Director of Finance/CFO, presented an overview of the Water Fund,
Sanitation Fund, and other funds for the 2023-2024 fiscal year Proposed Budget. Ms.
Williams noted that the City was awarded the Distinguished Budget Presentation Award
from GFOA for the 2022-2023 fiscal year, and discussed the City's stewardship and
financial transparency. The proposed budget is a balanced budget that continues current
service levels; reduces the property tax rate from $0.694321 to $0.680000 per $100
assessed value; increases employee pay for Civil Service up to 6.5%, and all other
employees up to 6%; increases stability pay for employees with five or more years of
service; increases contributions to TMRS and the Firefighter's Pension Fund; proposes
increases in sanitation fees; and includes a 5% increase in water rates which was
approved last year. $30 million is included for infrastructure projects and $10 million from
the 2022-2023 fund balance will be set aside for future capital improvement projects. Ms.
Williams suggested tying utility rates to the Municipal Cost Index to keep up with inflation.
The proposed budget includes the addition of 13.5 full-time equivalent positions and staff
provided justification for the additional positions. There was a brief discussion regarding
the dedicated bike advocate position that was requested by the bicycle community and
how those duties will be included in other positions in various departments.
Chief Borrego gave an update on the new in-car and body-worn camera project. He
anticipates state grant funding to be lower than expected and has not received a response
regarding federal grant funds.
Mayor Santellana recessed the meeting at 10:13 a.m. for a short break and reconvened
at 10:27 a.m.
Ms. Williams provided an overview of the General Fund, Water/Sewer Fund, and other
funds revenue and expenditures. She discussed the small change in property tax
revenues due to certified tax rolls being released after the proposed budget was
completed. Increases in property valuations will increase property tax revenues by
approximately 7.59%. It was noted that appraisal values are set by the appraisal district
under state-mandated formulas. Ms. Williams provided an in-depth overview of the two
portions of the tax rate (I&S and M&O), the voter approval rate, the no new revenue rate,
and the proposed rate.
The next steps include the budget public hearing and the approval of the Resolution
regarding the intent to vote on a tax rate on August 15, 2023. The tax rate public hearing
notice will be published on August 25, 2023, and the tax rate and budget will be approved
on September 5, 2023.
Councilor Whiteley discussed concerns with employee pay being below average and
issues with losing trained employees to other cities.
CITY COUNCIL MINUTES
August 8, 2023
PAGE 2 OF 4
PAGE 2 of 4
AGENDA ITEM NO.4.b
Item 4 — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
11 :59 a.m.
Councilor Jackson encouraged everyone to be careful with cigarettes, and keep up with
maintenance on vehicles to prevent fires during the drought. Over 500 acres recently
burned, and he expressed he appreciation to our Firefighters for the homes saved.
Councilor Brewer thanked Jessica and her staff for the presentation today and for their
hard work.
Councilor Browning reminded everyone that school will be starting soon and to pay
attention to school zones.
Councilor Nelson visited the Junior Police Academy with Councilor Brewer and he would
like to raise awareness of that program.
Mayor Santellana thanked Jessica and her staff for their informative presentation and he
noted this presentation is a vast improvement from when he first started on Council. He
encouraged Councilors to reach out to staff with any questions.
Item 5 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
12:04 a.m.
There were no comments from citizens.
Item 6 — Executive Sessions
City Council adjourned into Executive Session at 12:05 a.m. in accordance with Texas
Government Code §551 .074.
City Council reconvened at 5:50 p.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
CITY COUNCIL MINUTES
August 8, 2023
PAGE 3 OF 4
PAGE 3 of 4
AGENDA ITEM NO.4.b
Item 7 —Adjourn
Mayor Santellana adjourned the meeting at 5:51 p.m.
PASSED AND APPROVED this 15th day of August 2023.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
August 8, 2023
PAGE 4 OF 4
PAGE 4 of 4
AGENDA ITEM NO.4.b
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to execute all documents
necessary to purchase the 175 Solarmax LED Ballfield Lights from
Solarmax LED, INC. to replace aging lights at the youth baseball
fields located at Kiwanis and Lake Wichita Parks in the amount of
$83,125.
INITIATING DEPT: Parks and Recreation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The 2022-23 Budget includes $90,500 to upgrade and replace
outdated ballfield lighting. This 2023 was the first year of a three-year project to replace
all the ballfield lighting at Kiwanis and Lake Wichita Parks. This purchase will allow us to
have new LED lights to increase efficiency and reduce maintenance costs.
Bids were received from 6 vendors for 125 new LED lights. The bid came in less than
anticipated, so we were able to purchase an additional 50 lights. Parks will work with our
Traffic Division for installation. BID Tabulations are attached.
The Solarmax 460WINS-NV-L5-00-60D-5080-DSF-SL-V is a 500W light and carries a 5-
year warranty.
Staff recommends approving this purchase in the amount of $83,125.00
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 5.A
Resolution No.
Resolution authorizing the City Manager to execute all documents
necessary to purchase 175 Solarmax LED Ballfield lights from
Solarmax LED, INC. to replace aging lights at the youth baseball fields
located at Kiwanis and Lake Wichita Parks in the amount of$83,125
WHEREAS, the City's 2022-23 budget is $90,500 to replace and upgrade aging
ballfield lighting; and
WHEREAS, this Solarmax lights unit carries a 5-year warranty; and
WHEREAS, the existing lighting is beyond its useful life and requires additional
maintenance; and
WHEREAS, quotes were received from six vendors, and Solarmax LED, INC.
RIVERSIDE, CA was low bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Resolution authorizing the City Manager to execute all documents necessary to
purchase the 175 Solarmax LED Ballfield Lights from Solarmax LED, INC. to
replace aging lights at the youth baseball fields located at Kiwanis and Lake
Wichita Parks in the amount of $83,125.
PASSED AND APPROVED this the 15th of August, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 5.A
5/12/2023 BID TABULATION
BID #23-12
BALLPARK LIGHTING
(1 ADDENDUM)
LED SPORT LIGHT,600W SLIP FITTER ADAPTER
VENDOR BRANDIMODEL (OW=125) (OTY=125j TOTAL
EACH SUBTOTAL EACH SUBTOTAL
BSE LIGHTING SOLUTIONS ASD
CANTON,OH ASD-SPFL-500D50-PRM WI $581.70 S72,712.50 $86.28 $10.785 $83,497.50
ASD-SF-SPFL-300)500
IKIO $58.700
DYNAMO3
ELLIOTT ELECTRIC SUPPLY CO
WICHITA FALLS,TX ASD
ASD-SPFL-500D50-PRM WI $68,700
ASD-SF-SPFL-300f500
NUNN ELECTRIC SUPPLY CO ASD
WICHITA FALLS-TX ASD-SPFL-500D50-PRM WI $492 $61,500 $73 S9.125 $70,625
ASD-SF-SPFL-3001500
PALCO SUPPLY COMPANY SPORTS ARENA $12$396 25
BATON ROUGE,LA PSAHM480L54BR4020VS
SOLARMAX LED.INC. SOLARMAX
RIVERSIDE,CA 460WINS-NV-L5-00-60D- $499.75 $62,468.75 INCLUDED $62,468.75
5080-DS F-S L-V
THE REYNOLDS COMPANY ASD
WICHITA FALLS,TX ASD-SPFL-500D50-PRM WI $492.63 $61,578.75 $72.95 $9,118.75 $70,597.50
ASD-SF-SPFL-3001500
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 5.A
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to apply for non-matching
Grant Funds from the FY 2023 Edward Byrne Memorial Justice
Assistance Grant Program in the amount of $37,692.00 with co-
applicant, Wichita County Sheriff's Office.
INITIATING DEPT: Police
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The City of Wichita Falls is eligible to apply for a non-matching grant
from the FY 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of
$37,692.00. These funds will be shared by the Wichita Falls Police Department
($20,730.60) and the Wichita County Sheriff's Office ($16,961.40). The Police
Department intends to use these funds to assist in the purchase of equipment for the
Special Operations Section, Criminal Investigation Section, and Traffic Unit. Staff
recommends that the City Council approve the resolution authorizing the City's grant
application and expenditure of these funds for this purpose.
® Police Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 5.B
Resolution No.
Resolution authorizing the City Manager to apply for non-matching
Grant Funds from the FY 2023 Edward Byrne Memorial Justice
Assistance Grant Program in the amount of $37,692.00 with co-
applicant, Wichita County Sheriff's Office
WHEREAS, the City of Wichita Falls has been notified that it is eligible to apply for
a non-matching grant in the amount of $37,692.00 from the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program; and,
WHEREAS, the City Council desires to authorize the City Manager to submit an
application to obtain any available funds from the Edward Byrne Memorial Justice
Assistance Grant Program; and,
WHEREAS, these funds will be shared by the Wichita Falls Police Department
($20,730.60) and the Wichita County Sheriff's Office ($16,961 .40), co-applicant for such
grant; and,
WHEREAS, the use of these funds is planned to be used to assist in the purchase
of equipment for the Special Operations Section, Criminal Investigation Section, and
Traffic Unit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to apply as a co-applicant from the Edward
Byrne Memorial Justice Assistance Grant Program for funding in the amount of
$37,692.00.
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 5.B
A
WICHITA FALLS METROPOLITAN PLANNING ORGANIZATION
Technical Advisory Committee
Minutes
Thursday,April 6, 2023
Voting Members Present:
Lin Barnett,Wichita Falls MPO, MPO Director,TAC Chairperson
Blane Boswell,City of Wichita Falls, City Engineer
Callan Coltharp,TxDOT,Area Engineer
David Rohmer,TxDOT, Director of Operations
Doug Wooster, City of Wichita Falls, Interim Traffic Superintendent
Karen Montgomery-Gagne, City of Wichita Falls, Planning Administrator
Monty Brown, TxDOT, Director of Construction
Scot Reaves,TxDOT, Director of TP&D
Terry Floyd, Director of Development Services
MPO Staff
Jaimie Lee,Wichita Falls MPO, Senior Transportation Planner
Visitors:
Cody Stahr, City of Wichita Falls,Traffic
Mark McBurnett, SAFB
I. Welcome&Introduction
Mr. Barnett, TAC chairperson, called the meeting to order at 9:35 a.m. and welcomed
everyone in attendance.
II. Public Comment on Agenda and Non-Agenda Items
Mr. Barnett asked for any public comments on agenda and non-agenda items. Receiving
none,the committee moved on to the next agenda item.
III. Review and Approval of the January 13, 2023 Technical Advisory Committee's
(TAC) Meeting Minutes
Mr. Barnett asked for any comments or corrections to the January 13,2022 TAC meeting
minutes. Receiving none,he asked for a motion to approve the minutes.Ms.Montgomery-
Gagne made the motion to approve. Mr. Reaves seconded the motion, which passed
unanimously.
IV. Review and Comment Regarding the January 24, 2023 Transportation Policy
Committee's (TPC's) Meeting Minutes-No Action Required
Wichita Falls MPO TAC Meeting April 6, 2023 1
PAGE 1 of 3
AGENDA ITEM NO.6.a
Mr.Barnett asked for comments on the January 24,2023 TPC meeting minutes.Receiving
none,the committee moved on to the next agenda item.
V. Review and Recommendation to the Policy Board to Approve the FY 2024-2025
Unified Planning Work Program (UPWP)
Mr. Barnett directed the committee's attention to the 2024-2025 Unified Planning Work
Program (UPWP). He stated this document would guide the work of WFMPO staff over
the next two years. Mr. Barnett summarized minor updates to the subtasks and revisions
made to the new UPWP. He stated WFMPO will hire a consultant to perform the
development of the 2025-2050 MTP update. Mr. Barnett discussed the Budget Summary
Tables for FY 2024 and FY 2025 explaining the figures were estimates of forecasted
funding levels and expenses. He asked for any comments or questions regarding the
2024-2025 Unified Planning Work Program. Receiving none, he asked for a motion to
forward the document to the Policy Board for their review and approval. Mr. Coltharp
made the motion to forward the document to the Policy Board. Mr. Brown seconded the
motion,which passed unanimously.
VI. Review and Discuss MPO Staff Summer Work Preparations for the 2024 Prioritized
Project List Fall Update
Mr. Barnett directed the committee's attention to the 2023 Prioritized Project List
handout. He stated over the summer, WFMPO staff will review the current 2023
Prioritized Project List for completed, under construction and "let" projects. Mr. Barnett
stated staff will contact City,County and TxDOT for new project additions,and for updates
to projects currently on the list. He informed the committee the process will kick-off in
mid-August.
VII. Update on the 2023 Bicycle Friendly Community Application for Bronze Level
Renewal
Mr. Barnett directed the committee's attention to the hard copy of the Bicycle Friendly
Community application. He stated the application was for renewal of the CWF Bronze
Level award. Mr. Barnett stated the application is due by August 30th in order to retain
our Bronze designation and stated it's possible that we could achieve the Silver Level.Mr.
Barnett asked for comments or questions regarding the Bicycle Friendly Community
Application.Receiving none,the committee moved on to the next agenda item.
VIII. Other Business:
a. Discussion&Overview of Progress on Local Transportation Projects- City and
TxDOT staff(Quarterly Review)
City: Mr.Boswell reported Taft Blvd.widening was 99% complete. 2023 Asphalt St.
Rehab was 5% complete. The Business Park Streets and Drainage Project is 80%
complete.2022 Concrete St. Rehab project was 60%complete.
TxDOT: Mr. Coltharp reported four current projects: SH 240 intersection
improvements, FM 369 Districtwide Seal Coat, FM 1814 Roadway Widening,and LP
473 Mill at Gutters are currently under construction.
Wichita Falls MPO TAC Meeting April 6, 2023 2
PAGE 2 of 3
AGENDA ITEM NO.6.a
b. MPO Quarterly Financial Report (1st Quarter FY 2023 - October, November,
December)
Mr.Barnett reported on the 1st quarter expenses for the MPO. He stated that the MPO
had spent 22%of its total allocation for FY 2023.Mr. Barnett asked for any comments
or questions on the first quarter financial report. He received none.
c. Grouped TxDOT CSJ Projects Report
Ms. Lee reported on the 1st quarter grouped CSJ projects report. Ms. Lee discussed
the changes to the projects over the quarter.
d. Other Items
There were no other items for business
IX. Meeting Adjournment
The meeting adjourned at 10:40 a.m.
lag/M/YvPIZr_
Irvan F."Lin" Barnett Jr.
MPO Transportation Planning Director
Wichita Falls MPO
Wichita Falls MPO TAC Meeting April 6, 2023 3 1 Page
PAGE 3 of 3
AGENDA ITEM NO.6.a
WICHITA FALLS METROPOLITAN PLANNING ORGANIZATION
Transportation Policy Committee
Minutes
Tuesday,April 25, 2023
Voting Members Present:
Stephen Santellana, Chairperson,Wichita Falls Mayor
Blane Boswell,Proxy for Russell Schreiber,City Public Works
Dennis Wilde, North Texas Regional Planning Commission
Michael Smith,Proxy for Bobby Whiteley,City Council
Mike Beaver,TxDOT, District Engineer
MPO Staff
Lin Barnett,WFMPO,Transportation Planning Director
Absent:
Cory Glassburn, Mayor, Lakeside City
Jaimie Lee,Wichita Falls MPO,Senior Transportation Planner
Bobby Whiteley,City of Wichita Falls,City Council
Jeff Watts,City of Pleasant Valley,Representative
Judge Jim Johnson,County Judge, Wichita County
Larry Nelson,City of Wichita Falls,City Council
Russell Schreiber,City Public Works Director
Visitors:
Scot Reaves, TxDOT
Callan Coltharp,TxDOT
Adam Steed,NORTEX RPC
I. Welcome&Introduction
Mayor Santellana, the TPC chairperson, called the meeting to order at 8:30 a.m. and
welcomed everyone in attendance.
II. Public Comment on Agenda and Non-Agenda Items
Mayor Santellana asked for any public comments on agenda and non-agenda items.
Receiving none,the committee moved on to the next agenda item.
III. Review and Approval of the January 24, 2023 Transportation Policy Committee's
(TPC) Meeting Minutes
Mayor Santellana asked for any comments or corrections to the January 24, 2023 TPC
meeting minutes. Receiving none, he asked for a motion to approve the minutes. Mr.
Wilde made the motion to approve. Mr. Beaver seconded the motion, which passed
unanimously.
IV. Review and Comment Regarding the April 6, 2023 Technical Advisory Committee
(YAC) Meeting Minutes-No Action Required
Mayor Santellana asked for any comments or corrections to the April 6, 2023 TAC
meeting minutes. Receiving none,the committee moved on to the next agenda item.
Wichita Falls MPO TPC Meeting April 25, 2023 Page I 1
PAGE 1 of 3
AGENDA ITEM NO.6.b
V. Review and Approval of the FY 2024-2025 Unified Planning Work Program(UPWP)
Mr.Barnett directed the committee's attention to the 2024-2025 Unified Planning Work
Program (UPWP). He stated this document would guide the work of WFMPO staff over
the next two years.Mr. Barnett summarized minor updates to the subtasks and revisions
made to the new UPWP. He stated WFMPO will hire a consultant to perform the
development of the 2025-2050 MTP update. Mr. Barnett discussed the Budget Summary
Tables for FY 2024 and FY 2025 explaining the figures were estimates of forecasted
funding levels and expenses. Mayor Santellana asked for any comments or questions
regarding the 2024-2025 Unified Planning Work Program. Receiving none, he asked for
a motion to approve the 2024-2025 UPWP. Mr. Wilde made the motion to approve. Mr.
Smith seconded the motion,which passed unanimously.
VI. Update on MPO Staff Summer Work Preparations to develop and complete the
2024 Prioritized Project List for Policy Board FYI
Mr. Barnett directed the Policy Boards attention to the 2023 Prioritized Project List
handout. He stated over the summer, WFMPO staff will review the current 2023
Prioritized Project List for completed,under construction and "let" projects. Mr. Barnett
stated staff will contact City,County and TxDOT for new project additions,and for updates
to projects currently on the list. He informed the Policy Board the process will kick-off in
mid-August. Mayor Santellana asked for any comments or questions regarding the 2023
Prioritized Project List.Receiving none,the committee moved on to the next agenda item.
VII. Progress Report on the 2023 Bicycle Friendly Community Application for Bronze
Level Renewal
Mr. Barnett directed the committee's attention to page 46 of the meeting packet,which
contains a copy of the Bicycle Friendly Community application.He stated the application
was for renewal of the CWF Bronze Level award. Mr.Barnett stated the application is due
by August 30th in order to retain our Bronze designation and stated it's possible that we
could achieve the Silver Level. Mayor Santellana asked for comments or questions
regarding the Bicycle Friendly Community application. Receiving none, the committee
moved on to the next agenda item.
Other Business:
a. Discussion &Overview of Progress on Local Transportation Projects—City and
TxDOT staff(Quarterly Review)
City: Mr. Boswell reported Taft Blvd.widening was 99% complete. 2023 Asphalt St.
Rehab was 5% complete. The Business Park Streets and Drainage Project is 80%
complete. 2022 Concrete St.Rehab project was 60%complete.
TxDOT:, Mr. Coltharp reported four current projects: SH 240 intersection
improvements, FM 369 Districtwide Seal Coat, FM 1814 Roadway Widening, and LP
473 Mill at Gutters are currently under construction.
b. MPO Quarterly Financial Report (1st Quarter FY 2023 — October, November,
December)
Mr.Barnett reported on the 15t quarter expenses for the MPO.He stated that the MPO
had spent 22%of its total allocation for FY 2023.Mr.Barnett asked for any comments
or questions on the first quarter financial report. He received none.
Wichita Falls MPO TPC Meeting April 25,2023 Page 12
PAGE 2 of 3
AGENDA ITEM NO.6.b
c. Grouped TxDOT CSJ Projects Report
Mr.Barnett reported on the 1st quarter grouped CSJ projects report.He discussed the
changes to the projects over the quarter.
d. Other Items
Scot Reaves informed the committee about a new Carbon Reduction funding category
through TxDOT. He briefly discussed the stipulations for projects considered under
this funding category and stated the projects need to be listed inside the STIP to be
eligible for funding.
VIII. Meeting Adjournment
The meeting adjourned at 9:30 a.m.
H norable Stephen L.Santellana
Mayor Wichita Falls
Wichita Falls MPO TPC Meeting April 25,2023 Page 13
PAGE 3 of 3
AGENDA ITEM NO.6.b
ma.
MINUTES
LAKE WICHITA REVITALIZATION COMMITTEE
June 13, 2023
PRESENT:
■Members
David Coleman, Chair
Steve Garner, Vice Chair
Tim Brewer, City Council Rep
Rick Hernandez
Sharon Roach
Matt Marrs
Blake Jurecek, Asst City Manager
Blane Boswell, City Engineer ■Staff
Terry Points, Parks Administrator
Steven Hise, TP&W ■Guests
ABSENT: Ford Swanson, Alison Sanders, Kari Shaw, Michael Battaglino
Alicia Castillo, John Strenski, Austin Cobb
1. Call to Order: David called the meeting to order at 10:03 am and introduced Steven
Hise, who is filling in for Wes Dutter, TX Parks &Wildlife.
2. Approval of Minutes: May meeting minutes were approved unanimously.
3. Project Updates:
3.a. Veteran's Plaza Project:
Construction is complete and the Dedication Ceremony was held on 29 May. Total
expenses were$2,901.99 and the Committee unanimously approved David to reimburse
himself from PayPal for these costs, which included 3 replica tiles for Mrs. Wiechman.
Steve took Mark Shallenberger on a tour of the Plaza and thanked him for his support in
letting us store the walkway bricks and statue in his warehouse. They discussed the
need for a formal entryway to the Plaza, and Steve will look for some good examples.
Terry agreed to place a sign at the driveway off Fairway Blvd to direct drivers to the
Veterans Memorial Plaza, and more signs will be considered when the parking lot and
driveways are repaved in the near future. An ADA inspection of the site revealed that the
saluting soldier statue must be raised approximately 2 feet, and the Committee voted
unanimously for the City Engineer to negotiate a change order with Marrs Patriot
Construction, using the funds already in the City account.
Sharon asked about relocating the Eternal Flame monument from City Hall to the
Veterans Plaza, and after some discussion the group agreed to let the City's update of
the Parks Master Plan develop a long range plan for this "Veterans Park" area. Sharon
will contact one of the WFISD members to see if there's any discussion regarding
relocating the Veterans Memorial on the north side of the football stadium.
June 13, 2023
PAGE 1 of 2
AGENDA ITEM NO.6.c
3.b. Lake Deepening:
David informed the group that he talked with two NRCS reps regarding potential
properties for the settling basin, which would need to be approximately 150 acres. NRCS
identified properties on the west side and south side of Lake Wichita that are candidates,
and David will do some research to locate these properties and contact the owners.
3.c. Kayak Launch Grant: The City installed the launch equipment, project is complete
and looks great.
3.d. Former Yacht Club Rehabilitation: Carey Dodson agreed to create a project
rendering, and he will visit the site this week. Rick suggested we build two jetties rather
than three, to keep more water in the basin, and this was approved unanimously.
3.e. Lakeside City Boat Ramp Dredging Project: Steve visited the site last week, and
work has begun. The approach has been cleared, with new dirt placed and the ramp
area has been deepened. Work will continue.
4. Discussion of Brick Sales and Fundraising Initiatives: David has continued to
contact donors who purchased Replica Tiles, and after starting with 250, is now down to
19 donors who cannot be contacted. David provided a list of names with addresses, and
Steve will mail hand-written notes to each of them. David informed the group that Austin
Stone&Monument is working with their engraver to establish a process and pricing to
engrave the blank bricks that were installed in the Plaza walkway.
5. Other Business Matters: Additions to the Veterans Memorial Plaza were discussed,
see item 3.a.
6. Adjournment: The meeting adjourned at 10:45 am.
AlIt--41,..---CtA,‘- ' 23
David Coleman, Chair Date
June 13, 2023
PAGE 2 of 2
AGENDA ITEM NO.6.c
CITY COUNCIL AGENDA
August 15, 2022
ITEM/SUBJECT: Public hearing and consideration to rezone 2203 Missile Road (+/-
3.43 Acres of the Lewis Wells Survey, Abstract 323), from Limited
Commercial (LC) to Planned Unit Development — Residential Use
(PUD-RU) zoning district to allow for the construction of a 48-unit
multi-family complex.
INITIATING DEPT: Development Services/ Planning
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods
COMMENTARY:
• January 11 , 2023— Staff met with the applicant to discuss proposed development.
Staff outlined the site's zoning, allowed uses, adjacent districts, the process to
rezone to a PUD-RU, and the need for a Master Plan
• May 10, 2023— Staff met with the applicant to discuss the prepared Master Plan.
The applicant and staff discussed specific development regulations for the PUD,
and staff began preparing regulations based on the discussed guidelines.
• June 1 , 2023 — Staff met with the applicant to discuss and agreed to the prepared
developmental regulations. The applicant submitted an application.
• June 23, 2023 — 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 July 12, 2023 P&Z meeting.
• June 25, 2023 — Notice of July 12, 2023 P&Z public hearing published in the Times
Record News (TRN).
• June 30, 2023 — Planning staff mailed notifications of the proposed rezone to
property owners within 200 feet of the subject property for the upcoming City
Council Meeting on July 18, 2023
• July 2, 2023 — Notice of July 18, 2023 City Council public hearing published in the
Times Record News (TRN).
• July 12, 2023 — P&Z conducts public hearing and recommends to the City Council
approval of the rezoning requested by unanimous vote.
• July 18, 2023 — City Council heard the petition and voted to table the item until
August 15, 2023.
• July 24, 2023 — Staff mailed notices to properties within 200 feet of the subject
property notifying of the Planning and Zoning public presentation on August 12,
2023 and the consideration by City Council on August 15, 2023.
• July 27, 2023 — Notice of August 12, 2023 P&Z public presentation published in
the Times Record News (TRN).
PAGE 1 OF 26 PAGES
AGENDA ITEM NO. 7.A
• July 30, 2023 — Notice of July 18, 2023 City Council public hearing published in
the Times Record News (TRN).
• August 9, 2023 — Planning and Zoning Commission holds an additional public
hearing on the item.
• August 15, 2023 — Council consideration of item (per July 18, 2023 action to table
the item).
Summary
The property owner, Michael Grassi, is petitioning the City to change the zoning on the
subject tract to accommodate the construction of a 48-unit, market rate multi-family
development with enhanced landscaping. The current Limited Commercial ("LC") zoning
would allow for up to 85 multi-family units "by right"; however, the applicant is proposing
reduced building setbacks along the front (Missile Road) and sides to accommodate an
increased buffer between the proposed new residential buildings and the existing single-
family homes on Pebblestone Drive (see site plan). To facilitate the reduced setbacks,
the owner has agreed to the City's request to limit the maximum number of units on the
site to 48 (currently allowed is 85), as well as the developer providing for enhanced
landscaping improvements above and beyond the City's current ordinance requirements
for such. Approval of the rezoning request from LC to the PUD would provide for all of the
above.
The item was presented to Council on July 18, 2023 and tabled until August 15, 2023 to
allow for additional public comments and the applicant opportunity to meet with concerned
property owners. The Planning and Zoning Commission held a public hearing on August
9, 2023 to allow for additional public comments.
Analysis
Staff met with the owner, Michael Grassi, in January 2023 to discuss constructing a multi-
family development at the subject site. Staff discussed the general developmental
regulations for the proposal. Mr. Grassi and the staff addressed the desire to reduce
setbacks in order to accommodate the proposed structures on the site. Staff advised of
the options to create a Planned Unit Development — RU (PUD-RU) as a unique zoning
district allowing the flexibility Mr. Grassi was seeking. The Planning staff outlined the
rezoning process for Mr. Grassi. PUDs can deviate from standard developmental
ordinances; however, there is a need for balance and harmony with surrounding
properties and uses. When a shift from the standard regulations occurs, there is also an
opportunity to exceed usual development standards to create something unique.
Discussed options with Mr. Grassi for his proposal to exceed in other project areas to
create a true PUD.
The applicant prepared a site plan and followed up with staff to discuss the developmental
regulations for the proposal. With its current zoning designation (Limited Commercial LC),
a property owner could build a multi-family development up-to 85 units and structures up-
to 35 ft. in height. Additionally, uses such as churches, schools, medical offices and
daycares (less than 1 ,200 sq. ft.), along with other commercial/assembly-type uses are
allowed by right. The LC zoning allows for developments of more than 25 units per acre,
PAGE 2 OF 26 PAGES
AGENDA ITEM NO. 7.A
convenience stores and retail/restaurant uses by Conditional Use. In this PUD, Mr. Grassi
presented a proposal with 12 quadplexes, totaling 48 units. Each unit is one-story, which
is significantly less than could potentially be developed by right with the current LC zoning.
The PUD zoning would require that only those items/uses proposed are developed on the
site if approved. Any future changes to those items/uses beyond what is outlined in the
PUD document would require a process of Planning Commission consideration and
subsequent approval by the City Council.
As part of the site plan, the applicant is requesting reductions in the front and side
setbacks and curb-cut clearances from adjacent properties and alleys. The standard
multi-family front and side setbacks are 25' in LC zoning, however, the plans show both
the side and front setbacks reduced to 15'. The site shows two curb cuts, with one on
each side street. The access points are only 5' from the rear property line, whereas the
minimum would be 17' for Greentree Street and 7' for Hooper Drive under standard LC
zoning. Staff advised that increased landscaping and screening above what is required
in LC zoning would offset any potential negative impacts to adjoining properties. Staff
then began drafting developmental regulations for the site, and after a discussion with Mr.
Grassi, the applicant submitted a rezoning application, to zone the site as a PUD.
The petition was presented to City Council on July 18th, and after discussion and public
comments, the Council voted to table the item until August 15, 2023 to allow for the
applicant time and opportunity to meet with the neighborhood. Following the City Council
meeting, the applicant reached out to the concerned property owners and shared the
details of the project and expressed his desire to build a quality development. The item
was presented at the Planning and Zoning Commission meeting on August 9, 2023 to
allow for additional public comments prior to the final consideration by Council. No
additional action was needed by the Commission.
Evaluation Criteria
The site is isolated from the surrounding residential subdivisions by street right-of-way.
The primary frontage is adjacent to Missile Road, while its sides are adjacent to residential
streets, Hooper Drive, and Greentree Avenue. The rear of the property is adjacent to a
20' alley and shares a property line with a single tract (a single residential property). The
proposed site plan complies with parking, open space requirements, and increased
setbacks from a residence as outlined in City ordinances. The site design and
developmental regulations emphasize mitigating measures to protect the adjacent
properties while enhancing the neighborhood.
Staff believes increases in screening in landscaping would protect adjacent properties
from any visual and auditory impacts created by the proposed development. With the
proposed site separated from other residences by right-of-way, the applicant and the staff
believe providing views of the landscaped screening would improve the visual corridor
while protecting the adjacent uses as well.
PAGE 3 OF 26 PAGES
AGENDA ITEM NO. 7.A
Traffic was also a consideration in the selection of uses and site design. Missile Road is
a thoroughfare road where access to the road should be limited, as the purpose of this
street is to move persons from the neighborhood roads to other neighborhoods or larger
roads to travel to other parts of the city. The site design provides access from the side
streets to reduce stoppages or slowdowns on Missile Road. With the proposed
development adjacent to the thoroughfare, staff anticipates little to no traffic impacting the
adjoining neighborhood.
1. Changed Conditions: The property has remained undeveloped while the
neighborhood developed around the site since the 1980s. The proposed use
will support the need for additional housing options throughout the city.
2. Relationship to the Comprehensive Plan: With the proposal, the land use is
in direct alignment with the long term designation of Low Density Residential.
Staff are not recommending an amendment to the designation to further
promote the long term designation.
3. The nature and degree of impact upon neighboring lands: Based on the
requested developmental regulations, staff believe the increased landscaping
and screening will sufficiently create a barrier protecting the single family uses.
Any increase in public infrastructure (water and sewer) strain will be calculated
during the construction plan review, and any upgrades needed will be at the
cost to the applicant.
Staff and Planning & Zoning Commission Recommendations
The Planning & Zoning Commission convened on July 12, 2023 to consider the rezoning
case with staff's favorable recommendation for approval to allow for the unique
development. The commission unanimously recommended the zoning change from
Limited Commercial (LC) to Planned Unit Development— Residential Use (PUD-RU).
On August 9, 2023 the Planning & Zoning Commission convened to hear a public
presentation of the petition to allow for additional public comments.
If council approves the rezone to Planned Unit Development — Residential Use (PUD-
RU), the applicant is subject to all other zoning and building code regulations for
commercial-related project; particularly adhering to any zoning requirements that may
help lessen potential impacts to the adjacent properties. Rezoning the tracts to Planned
Unit Development— Residential Use (PUD-RU) would be in harmony with the area.
Staff recommends approval of the proposed rezoning request of +/- 3.43 acres at 2203
Missile Road to Planned Unit Development — Residential Use (PUD-RU).
® Assistant City Manager ® Department Director
ASSOCIATED INFORMATION: Exhibit A — Aerial Map; Exhibit B — Photos of Subject
Property & Area; Exhibit C — Notification Response Map; Exhibit D —Zoning & Land Use
PAGE 4 OF 26 PAGES
AGENDA ITEM NO. 7.A
Map; Exhibit E— Existing Zoning Uses in Limited Commercial district; Exhibit F— Planning
& Zoning Commission - July 2023 Minutes Excerpt; Exhibit F — 2203 Missile Rd. Master
Plan; Ordinance; Attachments 1 and 2.
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 5 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit A — Aerial Location Map
2
.0 ' i
..., _
. f 4fr, I,
° on yy„XIwi,4, „go n3pep.1`L22aZ liar
,o aYtti
Jrh' _ .+J —" AGE" -` __._. $.;:,. liF i.,. Y i 1 iiiimmis I
ROCKH„��"
Y�ii mg] 2215 2213 22j11 2209 • �19 .,
u I
MI z
ce aiN
5408 54O6 a-S M'!YJ ' -� ,• H
Fes_ 7
I—
Oz ,.
- PAGEIDR alb }
2 .. p ■ 4�3
�.e
wig
6(85 5407 l e hZ•7°lU ,,'
11, 5501 0o I MD
2203 Missile Rd. „n, v CA IN UU
MISSILE-RD 90
W
DOROTHY ST—a
2305 Q I ■ t
5409 a -, a
k d 5404 ,146MC)
tn , 5404
9
p
+' 5402 { - "'^ 4 t r� . Y� o o 6Ea x� W',� .I
y. 5400 1 j
CF/111.1
DORIS ST '5401 ' z Fa,1=e,w Ali.
E 3
,�•�
40 5306 ft 531, 540 I . ?
3 E T�2307 2305,230 -, 09! ¢S400� tW5300 I5302 5 04 ' iWR)
5304 p53 a co i
1;. M
2306 2304 2302 ;: 15307 5324 t { 5323 a ■ alei ..,
,. I 5305 4 301 ° ;D W u
5300 ;I
.:r7� F - 322 t • 5321 5 • u -
2212�a RD�' S
REILLY R e SILL
�.- Q r5303 5320 �1.5319 a'' ,wF .t SANDCA
` �. oil „�r5318 . 5317�. 4,,,2216 } . Z
a 22'18 , - 221i,
km =` 53,16 a 5315i -
III i i —i — I s313*- Y I 2220 �,' �Y 7 1 ,. a • "• =h9
0 145 290 580 Feet j":,, ki,, 2222.E it, t 07�
R 23-03
2203 Missile Road
Aerial Map Legend
CITY OF NACHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY:Cedrc Hu - Subject Property
DATE PRODUCED:7 June 2023
Parcels
0 apttely�ounp6y,ps.an on g ne su p ems y pp imaie,Nawe mcNion of
PAGE 6 OF 26 PAGES
AGENDA ITEM NO. 7.A
EXHIBIT B - Rezoning Request — 2203 Missile Rd.
Photo 1 —View of Subject Property from Trout St. 1
t- 4: ,- 36,„y ', k, t 4 `0.� . ' ..- {.'. p -•� ,vcv� 3f n`F `�'n S
L;''''': ' ''''';'''' '''''';:e'-'*!iir0;'...1;; '11:r#44.kntell.;'''.:Ll',<:' '''' '' ':- ,,Z4ti,liZAJI ''''' Ik,''', '''.' ,'>')
4'9
.0 8 " 5 ai �J� �. emu'» �iy�6 �9,� � a 1 '.�y �•
.,�� �'}�a
_ ,.,T i '' . 3.v wr .f 3 i ,r:.y,Ylae.,F",g G '� h+s,
<t
Photo 11 2 —View north�I from the subject property along Missile Rd.
111 ! �� 11ui 10
S 's iA 7;Alt S i tr tag I 111I,Cu t :::",
A, T �i..
y
---- <—= _a---_�
� - ._..
—
„"T � ' � � `
> .A ' `," ' . . \ $b ""� �me. 'rh . !- K ''W,-._Y 1 °j6 '' 1 �: t 1.v,a �ti k .
PAGE 7 OF 26 PAGES
AGENDA ITEM NO. 7.A
EXHIBIT B Cont. - Rezoning Request — 2203 Missile Rd.
Photo 3—West view from Subject Property along Missile Rd.
✓ N
say
ETA i 1 t S
", 3
t
tiLtt
Q t
Sq Photo 4— East view from the property along Missile Rd.
•
r 1,
� .xa���s*,.:+ .�. €�.. fir, -✓ � t. % _._, .
, ,�b .,_
�-`'�'ros � �"gi b •�' �.,.v°`
PAGE 8 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit C — Notification Map
'J In Favor
X Opposed
U Undecided/No Opinion SELMA-DR
Acreage Percentage of Notified Area*
Support-Sent in Notice** 0.63 4.86%_
Opposed-All 3.12 24.09%
TOTAL RESPONSES 3.75 28.95%—
TOTAL 200FT RADIUS** 12.95 100%
J
PAGEDR
•
-W—
X — - — — - U
XX X litillEir— --)ibiL_.
200ft.
2203 Missile Rd. —MISSILE RD—
I
I
—DOROTHY ST-a 1 ✓ 1
1 i OO
a
2 v..
X � '
,... 1
.„„,,in
1 1 I_ —
ibigi
G X X J,
DORIS•ST— I m 11111"CI l' ill IHC7 I I LillP II P
W
a
—REILLY-RD— LIsDcL
ASTLE'Rp 1
I I I I I I l I
0 120 240 480 Feet 1 f I
R 23-03 *The Right-of-Way (ROW)is included in the area calculation.
•
For the notified properties,only the area in the 200 ft radius is included.
2203 Missile Road PU D **Subject Property excluded from both the responses&the 200 ft radius.
Response Map Legend
CITY OF WICHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY Cedr.Hu M Subject Property - Supportive Properties
DATE PRODUCED'17 July 2023
` I Notification Buffer Mil All Opposed Properties
en,only Me pp ,nde,.l,lrrl�l.,W Parcels
PAGE 9 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit D — Zoning & Land Use Map
SINGLE SINGLE SINGLE SINGLE SINGLE 3 z EAMLYji SINGLE _ RESIDENTI 4MILY
�� FAMILY
LL SINGLE 'FAMILY SINGL (SINGLE SINGLE` SINGLE
a FAMILY 'F VACANTLI
w LL FAMILY FAMILY FAMILY(FAMILY -rc m AMILY FAMILY FAMILY FAMILY
.�N — WiTHINC'
J y J J J J J LU J J J_ J J_ J J_ J J_ J J_ J ILI J_ J_J J_LLI J J ILI J_ J J J ILI J J Y.
W} W} w
.. z4 <m 2Q z� z< z< z< z< zq z� zcc z.4 zct ze zg zg z [7 03 1
,LOLL a a a a a a a a Q a a a Er; a < z-NI
vQQ ILL NLL ILL ILL CO LL CO LL ILL ILL CO U. ILL ILL LOU ILL TALL CO LL F.a 2 Q y�LL`--emu
y LL CO LL
—ROCKK' AN 2 SELMA DR
r
SINGLE 3 w} w} w y I'.w} w}I w} w} SINGLE SINGLE SINGLE SINGLE �'-
FAMILY SINGLE J J J J J J J J J J J J J J '2
FAMILY z 2 z E z E z E z E z 2 z 2 FAMILY FAMILY FAMILY FAMILY
SINGLE SINGLE ILL ILL ILL ILL yLLI ILL ILL �a
FAMILY SINGLE SINGLE SINGLE SINGLE SINGLE _
a, FAMILY FAMILY FAMILY FAMILY FAMILY Z
FAMILY G.
CI SINGLE SINGLE J J w J w} w} w} w} SINGLE SINGLE SINGLE SINGLE J I =
SINGLE J J J J J J J J FAMILY i
lil FAMILY FAMILY FAMILY z O- - - - FAMILY FAMILY FAMILY Q
- SINGLE SINGLE u7 LL z a a a a a SINGLE I I-
c3 SINGLE y IL I LL I LL I LL I LL SINGLE SINGLE SINGLE FAMILY Z if
- H FAMILY FAMILY FAMILY FAMILY FAMILY FAMILY SINGLE Q
Z SINGLE SINGLE SINGLE J J PAGE DR�j SINGLE SINGLE SINGLE III L--
FAMILY „°
p FAMILY FAMILY FAMILY z AMILY FAMILY FAMILY SINGLE „_
SINGLE SINGLE SINGLE ur LL SINGLE FAMILY L
FAMILY FAMILY ;:;
LLI LU yINGLEJ J f G 2 z z z g z J J ; SINGLE AMILY afINGLE y LL y LL =�
FAMILY z a J J
2203 Missile Rd. —MISSILE•RD Fq4 o g
�Q� Ira W 4 y u
RESIDENTIAL VACANT
LOTWITHIN CITY L�
MI VACANT COMMERCIAL
DOROTHY-ST—a s INousTRIAL W ••E
w} w} w} SINGLE 0 IN CITY 3 W a \
J J J J J J FAMILY = -� j z I-
z� z a z 4 SINGLE SINGLESINGLE w y w} w> SINGLE I11 NJ w> o y c�
I LL N LL N M- FAMILY FAMILY )_FAMILY 0 J J J J J J J CD J J o J J J ...,FAMILY Ce 0 g o z
f7- �C7- rz-
SINGLE wJ z_aL7izmuNz_Qz2z_Q [,E VF zQ
w} w} w} SINGLE FAMILY z 0wEgyLLNLLyM.yLLyLLrz<O IL d1/4„, ILL '0
J J J J J J FAMILY SINGLE. I LL aM CF fNGLe �,
zg zg zg FAMILY 12 -figMiLY w}
a a _a SINGLE SINGLE ( Sj S� J J
m L.L. VI LL co LL FAMILY SINGLE FAMILY L. J J J J J J J J J J J F,gNGCF ,,44/4t,0 =i w}
FAMILY SINGLE O z E z E z E z E z E z E G�J M/CY /Cy a ai=E
SINGLE W Q 4 4 d a a \� z n DORIS_ST FAMILY FAMILY Z CO U. y LL vi U. y)LL yr IL y LL CO�Q� J J SINGLE
w} w} w} SINGLE SINGLE SINGLE 0
w} w} w} w} SINGLE z a FAMILY
J J J J J J FAMILY FAMILY FAMILY I- J J J J J J J J FAMILY '�`%y a LL INGLE
03 03 o L9 L9 71- U' 9
z z z SINGLE SINGLE W cP� C FAMILY ��
of LL y LL I LL SINGLE ?Q ?Q ?a ?a y f� SINC'4E SINGLE =5
FAMILY FAMILY I LL I LL y w y w cA,7 0 11 I %¢
FAMILY M T y Cc, FAIT FAMILY u,J
SINGLE W 4,y03 ��.ce SINGLE a 2 LL
J J J J J J FAMILY SINGLE SINGLE d SINGLE 9 Z - C- T y_ X.z FAMILY Q w
Cry u1 '�i G t 0 r y y Z z r INGLE
z Q'z a z a SINGLE FAMILY FAMILY FAMILY J>- J J rI 7+ z; SINGLE FAMILY
LL rn LL y Li. FAMILY SINGLE SINGLE SINGLE z g z a Tay q3 c r m m m FAMILY 3. SINGLE
FAMILY FAMILY FAMILY rn LL u)Y. �Si r r -<m = FAMILY
REI LLY RD SINGLE SINGLE SINGLE FAMILY FAMILY FAMILY \ Si -74,0 • ``� SA�DCASTLE rm., "m
,p ,y !� SINGLE Ie r$
SINGLE SINGLE SINGLE Si •94A T w y n Y n 7 FAMILY 2$r
FAMILY �AMIL]C FAMILY ANC �Y D g D z 3.o-r G41; "`
SINGLE SINGLE SINGLE , ��/(CF z r-r' T„ SIB *M"
COLLEGESlSCHOOLSiCLASSROOMS FAMILY FAMILY FAMILY, ;F.„1.ts SINGLE F SI m m. SINGLE 1.
I I I I I I I I I SINGLE I -417 NON SINGLE
0 145 290 580 Feet FAMILY J FpNC'LF INGLE NNGLE GN G E SINGLE sMGLE MILY rAMLr
51NGLEFAMILY I M1Lr ill,FAMILY FAMILY FAMILY raf, s.,..1ll
R 23-03
2203 Missile Road
Zoning and Land Use Map Legend
C17Y OF 4MCHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY:Cedric Hu _ Subject Property Zoning
DATE PRODUCED:7 June 2023
Mal Parcels Single Family 2
., u, o .I, el.we I.,I,u w
..1, ... a,..s1112 Limited Commercial
PAGE 10 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit E
Existing Zoning: Limited Commercial (LC) Zoning District
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, duplex two-family
Dwelling, single-family detached
Civic uses:
Day care centers, limited.
Private recreational areas, limited.
The following uses are permitted subject to submittal of a site plan and review by
the Planning Division.
Residential uses:
Bed and breakfast homestay.
Boardinghouse.
Condominium, residential.
Dwelling, multifamily, up to 25 units per acre.
Dwelling, zero lot line, single-family, subject to the provisions of section 5200.
Fraternity and sorority houses.
Townhouse, residential, subject to the provisions of section 5300.
Civic uses:
Day care centers, commercial, 1,200 square feet or less in gross floor area.
Library, public.
Parks.
Public safety services.
Religious assembly.
School, primary and secondary.
Utility service.
Commercial uses:
Bed and breakfast inn.
Medical offices, 1,200 square feet or less in gross floor area.
Offices, 1,200 square feet or less in gross floor area.
Oil drilling, subject to the provisions of appendix A, Subdivision and Development
Regulations, section 6.4 Oil and Gas Well, as amended.
Services, 1,200 square feet or less in gross floor area, excluding automotive repair
services and restaurants
PAGE 11 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
The following uses are permitted following approval by the Planning and Zoning
Commission for a Conditional Use Permit:
Residential uses:
Dwelling, multifamily, exceeding 25 units per acre.
Household care facility
Manufactured homes, subject to the provisions of section 5600.
Civic uses:
Day care centers, commercial, more than 1 ,200 square feet in gross floor area.
Structured sober living facility.
Commercial uses:
Alcoholic beverage sales, subject to the provisions of section 5400.
Art gallery/museum.
Clinic.
Club.
Convenience stores.
Donation box.
Medical offices, more than 1 ,200 square feet in gross floor area.
Offices, more than 1 ,200 square feet in gross floor area.
Restaurant, limited.
Retail trade, excluding automobile sales and supermarkets.
Services, more than 1 ,200 square feet in gross floor area, excluding automotive repair
services and restaurants.
Self-storage facility/mini-warehouse
PAGE 12 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F
MINUTES — EXCERPT
PLANNING & ZONING COMMISSION
July 12, 2023
PRESENT:
David Cook ♦Chairman
Michael Grassi (Recused) ♦ Member
Blake Haney ♦ Member
Mark McBurnett ♦SAFB Liaison
Doug McCulloch ♦ Member
Matt Marrs ♦ Member
Noros Martin ♦ Member
Paul Mason ♦Alternate No.2
Wayne Pharries ♦ Member
Cayce Wendeborn ♦ Member
James McKechnie, Deputy City Attorney ♦City Staff
Terry Floyd, Development Services Director ♦City Staff
Fabian Medellin, Planning Manager ♦City Staff
Christal Cates, Senior Executive Asst. ♦City Staff
ABSENT:
Steve Wood ♦Alternate No.1
Jeremy Woodward ♦Vice-Chair
Councilor Bobby Whiteley ♦Council Liaison
Rezone 23-03 — 2203 Missile Road
Public hearing to consider taking action on a proposed rezone at 2203
Missile Road (3.43 Acres of the Lewis Wells Survey, Abstract 323), from
Limited Commercial (LC) to Planned Unit Development— Residential Use
(PUD-RU) zoning district to allow for the construction of a 48-unit multi-
family complex.
Applicant/Owner: Michael Grassi
*lt is noted Mr. Michael Grassi, P&Z Commission member had recused himself, filing the paperwork
with the City Clerk's Office for record.
Chairman Cook opened the public hearing at 2:01 pm concerning case R 23-03. Mr.
Fabian Medellin presented the case and stated the proposed rezone concerning
2203 Missile Road was not to allow for the development of the multi-residential
complex as that was currently allowed by-right, but to petition for a reduction in the
setbacks. The subject property was an undeveloped parcel of land, zoned as Limited
PAGE 13 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
Commercial (LC), surrounded by single family uses in a Single Family-2 (SF-2)
zoning district.
Mr. Medellin stated staff had previously met with the owner/applicant, Mr. Michael
Grassi for a pre-development meeting to discuss the property and development
options. During discussions to develop the property for multi-family uses staff advised
Mr. Grassi that multi-family uses are allowed by-right, up to 25 units per acre, up to
85 units for this subject property. Development regulations discussed where the 25ft.
setback along frontages, 10ft. setback to the rear and a maximum of 35ft. in height
of the structures.
Mr. Medellin advised the Commission that infrastructure would be reviewed and
addressed in the next development step. The first step of development would be the
land use, which was what the discussion was about that day.
Mr. Medellin stated that the owner, Mr. Grassi, was seeking a reduction of setbacks
from the roadway from 25ft. down to 15ft. and to reduce the separation requirements
for access points adjacent to alleys and other lots. During the pre-development
meeting with Mr. Grassi, staff advised of a rezone that takes a base zoning and
modifies it to support the unique development. Mr. Grassi was requesting the
setbacks so that he could develop a more aesthetically pleasing development by
pushing the structures closer to the roadways, creating more space to the rear of the
property to provide a larger area for parking.
Chairman Cook asked if the public was having issues hearing or if there was another
matter at hand in the audience. A public guest stated they could not hear. Mr.
Medellin adjusted his microphone and moved closer. The public stated they could
then hear. Mr. Medellin recapped all information he had previously given.
Staff advised Mr. Grassi the development of a Planned Unit Development (PUD) had
a give and take. The PUD could relax some of the setbacks while enhancing some
sections of the ordinance to provide a unique and more elegant development.
After the meeting, Mr. Grassi contracted a civil engineer to work on the site designs
and gather preliminary calculations on infrastructure. Mr. Grassi continued working
with staff and provided the site plan the civil engineer had completed, which was also
provided as a handout along with the meetings agenda so that the public could see
the proposed plan as well as the Commission.
Staff reviewed the site plan, noting the setback reductions and curb cut locations as
discussed; however, with Mr. Grassi requesting the PUD, staff also made requests
to protect and enhance the development. Mr. Medellin laid out the requirements staff
had for the PUD.
Conditions of PUD
• Maximum of 48 Dwelling Units (12 Quadruplexes)
PAGE 14 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
• Single story structures only
• Reduced setbacks of 15ft. along street frontages
• Reduction of distance of curb cuts from adjacent properties and alleys
• Decorative wrought iron fencing with brick columns along Hooper Drive, Greentree
Avenue and Missile Road.
• Enhanced landscaping — open space/landscape screening
Mr. Medellin displayed photos of a developed complex provided by the applicant to
show what the fencing would be modeled after, giving an example to the Commission.
Mr. Medellin noted in addition, to the example photos given there would be additional
landscaping required as the photos show only minimal landscaping.
Mr. Medellin displayed the applicant's site plan as well as providing large prints of the
site plan to public attendees. Mr. Medellin noted the dual access points, created one
drive from Hooper Drive to Greentree Avenue. Staff believes this is the best location
to access the site as Missile Road is a minor arterial road on the City of Wichita Falls
Thoroughfare classification, and as such is intended to facilitate and help move traffic
from one neighborhood to the next, or to the next highest classification road to move
them further beyond the neighborhoods to another portion of town. Public Works did
not want to allow any access points along Missile Road as it is a minor arterial road.
Mr. Medellin stated the two entrances would allow for sanitation trucks to enter and
exit safely, allowing each unit its own rolling poly-cart for sanitation services. Staff
believes the two curb cuts will help with the flow of traffic versus funneling all traffic
in and out of one access point.
Mr. Cook asked if the public was having problems hearing again as there continued
to be disruptions in the audience. A member of the public stated staff was "passing
up a lot of things that was ambiguous to the case". Chairman Cook stated this was
the time when staff presented the case to the Commission. Once staff finished the
presenting, the public would have a time to express their opinion and then asked Mr.
Medellin to continue.
Mr. Medellin directed attention back to the site plan and advised at the center of the
plan there was a detention area that captured water and would additionally capture
the increased runoff created by the development.
Another element Mr. Medellin advised the Commission of was the proposed paved,
internal walking trail inside the complex. In addition, Mr. Grassi would also be
constructing a sidewalk outside of the complex, running along Missile Road for
pedestrian's safety. Mr. Medellin stated each unit would consist of 2 bedrooms and 2
bathrooms, geared toward military housing. Each unit would be required to have 2
parking stalls, for a total of 96 parking stalls for the complex.
PAGE 15 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
Mr. Medellin stated staff had mailed 50 notices to surrounding property owners within
200ft. of the subject property. A total of 14 responses had been received, 10 opposed
and 4 in favor of the proposed development. Staff had provided maps, staff reports
and phone calls to concerned citizens to help them make an informed decision. One
of the concerns listed on some of the opposed responses was an increase in traffic
on Missile Road. Mr. Medellin clarified that Missile road was a minor arterial street
with a recommended usage of 16,000 vehicles a day. As of 2020, the recorded usage
was shy of 6,000 vehicles a day, only a one third of the capacity recommended.
Another listed concern was for pedestrian safety, which Mr. Grassi has addressed
with the construction of the sidewalk along Missile Road providing a safe place to
walk. Privacy was another concern listed that staff has also taken into consideration
and it is noted there will be 6ft.fences at the rear of the property. Grading will also be
needed and will be leveled out, lowering the property 3-4 ft. That along with the 6 ft.
fencing would be a 10ft. difference leaving only rooftops visible.
The last item of concern was listed as infrastructure. Utilities will be addressed in the
next phase of platting. Mr. Grassi had already contracted a civil engineer that
produced a site plan with noted future work to be done. The Public Works department
has preformed testing on-site and stated the pressure was adequate and could
handle the requirements the 48 units would need. Mr. Medellin stated there had been
recent work performed by the Public Works department on that area but also stated
there made be some upgrades needed for the sewer lines. As the developer, Mr.
Grassi is aware he will be required to perform such upgrades at his expense.
Mr. Medellin stated after all research and possible impacts taken into consideration,
staff recommended the approval of the proposed rezoning request of +/- 3.43 acres
at 2203 Missile Road to Planned Unit Development— Residential Use (PUD-RU)
subject to the following developmental requirements:
1 . 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.
Chairman Cook asked Mr. Medellin what was allowed by-right in the Limited
Commercial (LC) zoning district. Mr. Medellin stated multi-family uses, up to 25 units
per acre, meaning Mr. Grassi could place up to 85 units on the subject property.
Residential uses and some commercial uses are allowed, all capped by square
footage, along with some civil uses. Mr. Medellin advised the Limited Commercial
(LC) zoning district was intended to serve as a buffer between residential uses and
more intense commercial uses.
PAGE 16 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
Chairman Cook asked if the applicant/owner was present and wished to make a
presentation. Mr. Michael Grassi, #7 Amber Valley, was present and stated staff had
covered everything in their presentation and this was a private investment of $6
million dollars in to the City of Wichita Falls, for use by military families while stationed
at Sheppard Air Force Base. Mr. Grassi stated he is providing more development
amenities than what is required by ordinance to bring an upscale complex to the
neighborhood as well as future improvements to infrastructure.
Mr. Doug McCulloch advised he appreciated that Mr. Grassi was not building the
maximum units that he could by-right as allowed for in the current zoning of the
subject property. He asked about the placement of the sidewalk that would run along
Missile Road and if it would be constructed right next to the curb or further away. Mr.
Grassi stated the sidewalk would not be located right next to the curb, that it would
have a landscaped area between the curb and sidewalk.
Mr. McCulloch next asked about the fencing and what the spread would be between
each column. Mr. Grassi stated he believed it would be about 32ft. but was not sure.
It would be an even number of feet in between. Mr. McCulloch asked if Mr. Grassi
would be provided extra guest parking stalls. Mr. Medellin advised the Commission
the required two stalls factored in allowed for guest parking.
Mr. McCulloch apologized for having many questions but believes this will help make
a better-informed decision. He asked how sanitation utilities would be in the complex.
Mr. Grassi advised each unit would have their own poly-cart that would be rolled to
the specified pick-up location along the fence on the south side of the subject property
for City sanitation trucks.
Lastly, Mr. McCulloch asked if there would be a designated play area and if at anytime
would the quadruplexes be divided and sold. Mr. Grassi stated there is an area for
play and dog park on the subject property and that at no time would the properties
be divided and sold, so it would remain one singular parcel.
Chairman Cook asked Mr. Grassi what the current appraisal was on the property and
what it is projected to be with the development completed for tax purposes. Mr.
Grassi stated currently he is paying taxes for the property appraised at$22,000. Once
development has been completed, it will generate tax revenue off of approximately
$6 million dollars.
Chairman Cook stated the Commission would now hear comments from the public.
The public must come to the microphone, state their address and would be given
three minutes to speak.
Ms. Debra Reed, 5500 Hooper Drive, stated she was upset over the paper notices
she received and not being able to navigate the website. She advised she had
concerns about the exits out of Hooper Drive where there is located a school
crosswalk. Ms. Reed stated she went door to door and collected 25 signatures on a
PAGE 17 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
petition opposing the rezone. She has concerns about pedestrian safety, detention
areas and sewer capacities as she has lived there for 38 years. Ms. Reed also stated
the City of Wichita Falls staff was making decisions regarding a school in the
Burkburnett School District.
Chairman Cook thanked Ms. Reed for her work in the community and gathering the
signatures, and advised the petition be given to Mr. Fabian Medellin as this would go
to City Council on July 18th, 2023. Mr. Cook apologized to Ms. Reed about the website
not working for her and advised there were other options given for contacting City
staff. Chairman Cook stated street, pedestrian safety and infrastructure could not be
addressed by the staff or the Commission as those were issues addressed in the
next phase of platting by the Public Works department and outside of the Planning &
Zoning Commissions jurisdiction. The Commission and staff could address the
rezone and the zoning process and any questions related to it. Chairman Cook
advised Ms. Reed she could present her questions to the Public Works staff and City
Council at the public meeting July 18th, 2023 in the very same council room the
current meeting was taking place.
Ms. Margaret Hawkins, 5502 Hooper Drive, stated her husband used to be a City
Councilman and she has never heard a chairman tell the public there was nothing
they could do or couldn't help. Ms. Hawkins stated the area was too hazardous for
children as it was and the City was going to allow additional use. She stated the staff
didn't care about the children or their safety. Ms. Hawkins advised there was no need
for the additional housing as there were available apartments to rent at other
complexes and that staff for one should consider what the tax payers want and be
considerate of them and not what staff wants.
Chairman Cook stated that, it was not being said that staff didn't care about the
children, to which Ms. Hawkins stated that wasn't true and she didn't want to talk to
Chairman Cook. Mr. Cook stated since Ms. Hawkins wished not to continue the floor
would be given to the next in line for public comments.
Mr. Lamar Murphey, 5501 Hooper Drive, stated he was upset about the curb cut on
Hooper Drive and the fact that the paper notices sent had a different last name for
the email address to return responses than what was listed on the website even
though he mailed his in and called the office and had multiple conversations with the
planning manager and Director of Development Services. Mr. Murphy was also upset
about detention and that the fencing Mr. Grassi would be installing would not stop
trash from blowing around, and also that the community was told in the original plans
that there would be no access on Hooper Drive. Mr. Murphey then stated the only
issue he had was increased traffic.
Chairman Cook asked Mr. Grassi if he could address the comments about an original
plan. Mr. Grassi stated the site plan he presented and that was given to the
Commission and handed out to the public was the only site plan he has done for the
subject property and has no idea what original plan Mr. Murphey was talking about.
PAGE 18 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit F Continued
It is believed there may have been previous plans possibly another owner of the
vacant property.
Mr. Terry Floyd, Director of Development Services apologized for the typo on the
notification letters that were mailed out and advised corrections have been made so
that this mistake would not happen in the future.
Chairman asked if there were any other comments from the public. Ms. Hawkins
stated she wanted to go again. Chairman Cook asked it there were any comments or
questions from the Commission. Ms. Cayce Wendeborn stated Mr. Grassi could have
went much larger than he presented in his site plan, but has chosen to not do so and
had committed to more than what was required.
Mr. Cook stated again to the public that the Planning & Zoning Commissions could
not speak for other departments or make concessions on their behalf. The issues the
public has would need to be addressed by those departments on July 18th, at the City
Council meeting. Mr. Paul Mason asked for clarification on the quadruplexes, if they
would all be 2 bedrooms. Mr. Grassi advised that was correct.
Ms. Hawkins approached the microphone and stated she apologized for her previous
behavior and language but that when she listened to Chairman Cook speak she only
heard negativity and that she couldn't handle that. She asked that Chairman Cook
please accept her apology. Chairman Cook accepted the apology and reminded the
public there would be a City Council meeting held at 8am on July 18th, 2023 where
they could voice their concerns.
Mr. Cook closed the public hearing at 2:57 pm and asked for a motion to recommend
the approval of the rezone to City Council. Ms. Cayce Wendeborn made the motion
with Mr. Noros Martin seconding. Chairman Cook called for a vote and the motion
passed unanimously 8-0.
PAGE 19 OF 26 PAGES
AGENDA ITEM NO. 7.A
Exhibit G — 2203 Missile Road Master Plan
sg
u,LL
gW F z` ,
an = u
y u, o
P
— era
B
L
�v
a
! .?j
< a x P. 5:. :
Wiflc M N I.,
-.a� I " I I
_.1 I__ y .da,F.8., ;II A:,...!... .„..,„;-.,_,-..‘NI:..\ i.. .., - -
1S c,
F t i r,
s
s z Y a N s .- 5 dq se , i.
Q li w A a' �'m - . u
a - W I _ d' a E
< .
,,I.
7.
W t 1
�' ;.
DQQ O : SQx , I.
• Fr! tltl ;1�tl
(/'y� N z c.-a. a i i E '� tl
�J (� �-' $ Ochs.: ;r:.... I l lt: 1' i ,H.L i 1
9'
L� - ' f
i 11113 Iiiiiiii is,! hr4.q d
1 easy rr3t
JINIrPi
If!iiiin
c¢ 1;;i tlg3 N elf tl g gg
i t
1 ibh a • :tl4. ri
r r r €hi
PAGE 20 OF 26 PAGES
AGENDA ITEM NO. 7.A
Ordinance No.
Ordinance rezoning 2203 Missile Road (+/-3.43 Acres of the Lewis
Wells Survey, Abstract 323), from Limited Commercial (LC) to Planned
Unit Development— Residential Use (PUD-RU) zoning district
WHEREAS, the Planning and Zoning Commission considered the proposed
rezoning request at its July 12, 2023 meeting, and voted favorably to recommend
approval of this request; and
WHEREAS, the City Council has reviewed this request and has determined that
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 . 2203 Missile Road (+/-3.43 Acres of the Lewis Wells Survey, Abstract 323), as
depicted on the attached map incorporated in this ordinance as Attachment "1", is
hereby rezoned from Limited Commercial (LC) to Planned Unit Development —
Residential Use (PUD-RU) and shall be regulated as follows:
Use and Development Regulations:
A conceptual plan represented by a Preliminary Master Plan for development entitled
"Planned Unit Development Site Plan" is herein incorporated as part of this ordinance as
Attachment "2". The development regulations shall be as follows:
1 . Land use regulations:
A. Primary uses, allowed by right:
1 . Residential dwelling, multi-family — Setting a maximum number of
dwelling units up to 48 as outlined in the included site plan.
B. Accessory uses allowed in conjunction with the primary uses only:
1 . Accessory uses - Typical amenities for multifamily development, e.g.,
dog walk area, outdoor seating, or congregation areas.
2. Development Regulations: All development shall be consistent with Section 3370
Limited Commercial (LC) development regulations, as amended. The guidelines
shall apply to the entire site except as indicated below:
A. Front Setback: 15 ft. minimum.
B. Exterior Side Setback: 15 ft. minimum.
PAGE 21 OF 26 PAGES
AGENDA ITEM NO. 7.A
C. Rear Setback: 30 ft. minimum, shall comply with Section 4670 for structures
greater than 30 ft. in height.
D. Building Coverage: 55 percent of lot area, maximum
E. Open Space: 20 percent of lot area
F. Height: 35' Maximum.
G. Residential Density: 48 primary dwelling units per the Planned Unit
Development-Residential Use acreage.
H. Parking, Off-Street: Minimum on-site parking spaces shall be provided as
outlined:
Dwelling, multi-family with multiple bedrooms: 2 spaces per dwelling unit (96
parking spaces)
I. Parking Lot Layout, Curb Cut Design, and Paving Materials shall be regulated
by Section 6200 of the Zoning Ordinance, City of Wichita Falls, as amended.
The development will be granted two curb cuts for the entirety of the site with
a single cut on each of the respective side exterior streets, Hooper Drive and
Greentree Avenue. The access points will be aligned to create a single linear
drive bisecting the property, running parallel and adjacent to the south property
line traveling west to east. An alley clearance of 10' will be granted to the
proposed cut on Greentree Avenue. A 5' interior lot line curb cut radii return
will be allowed for the proposed access point on Hooper Drive.
J. Screening Requirements: Shall be regulated by Section 4600 Screening
Regulations of the Zoning Ordinance, City of Wichita Falls, as amended. A six-
foot high wooden fence shall be required on the rear property line to form a
barrier to adjacent single-family residential uses. The screening will taper down
to 3' in height within the building limit lines of Hooper Drive and Greentree
Avenue. Consideration will be given to any existing screening if the
replacement of any existing fencing is opposed, in writing by a residential
property owner with shared lot lines with the subject site.
Screening on the west, north, and east property lines shall be provided with a
four-foot-tall decorative metal fence. The metal will be coated with a sealant or
paint to prevent rusting or showing signs of wear. The metal fence will provide
50% of the screening face area clear of any opaque materials to provide
visibility of the open & green spaces from the right-of-way. The fencing must
ensure no persons can access the site through the screening face area to be
left clear. Brick columns will be placed at a maximum of every 50' of metal
fencing, measured from column centerline to centerline.
K. Landscaping: To promote open space & green spaces, encourage outdoor
activities, and stimulate the visual corridor of Missile Road, the proposed site
PAGE 22 OF 26 PAGES
AGENDA ITEM NO. 7.A
will provide enhanced perimeter landscaping equal to double the standard
calculations.
Section 6800 (Landscaping) of the Zoning Ordinance, City of Wichita Falls, as
amended, will determine the standard requirement. Based on the total frontage
of Hooper Drive, Missile Road, and Greentree Avenue (1 ,239.36'), 60 perimeter
trees will be required. The required plant material ratio may use any methods
available under Section 6810.12 Minimum Landscape Requirements or an
alternate ratio approved by the Director of Development Services.
Or.
The ratio of 17 canopy trees, 17 understory trees, and 110 five-gallon shrubs
will be accepted as an alternative to the ratios outlined in the zoning ordinance.
Due to the site's proximity to Sheppard Air Force Base (SAFB) and being
located within the SAFB Birds and Wildlife Strike Hazard Zone, the landscape
will be provided through deciduous vegetation, and priority will be given to
plantings at walking heights. Canopy trees shall have a mature max height of
25', understory trees shall have a maximum height of 20', and shrubs shall have
a maximum size of 6' tall.
L. Green Circle Trail: A 5' wide concrete sidewalk shall be provided encircling the
site to allow for the enjoyment of the open and & green spaces.
M. Outdoor Lighting: shall be directed away from adjacent residential uses and
regulated by Section 5975 of the Zoning Ordinance, City of Wichita Falls, as
amended.
3. Sign Regulations: Signs shall be regulated by the zoning ordinance with the same
restrictions as applied in the Limited Commercial (LC) district for Apartment sign
types, Section 6700 — Sign Regulations
4. Master Plan For Development: The configuration of the parking lot, location of the
residential dwelling units, and design of the stormwater drainage shall be as
indicated on the Master Plan for Development, Attachment "B," subject only to the
changes which may need to occur due to engineering considerations design and
review and aesthetic constraints, as constructed and measured drawings are
prepared before actual development. Additionally, the developer may make minor
changes following Section 3690 (Planned Unit Development District —
amendments and changes) of the Zoning Ordinance of the City of Wichita Falls,
as amended.
5. Other Requirements: All zoning ordinance regulations not addressed explicitly in
this ordinance shall apply to this Planned Unit Development — Residential Use
(PUD-RU) Ordinance and are hereby made a part hereof and included herein.
PAGE 23 OF 26 PAGES
AGENDA ITEM NO. 7.A
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 24 OF 26 PAGES
AGENDA ITEM NO. 7.A
Attachment "1 "
5603 / /
2306 \ 2310 2312 2314� 2316 \ ' 2320 5602----f I 563
\ 2300
2302 5601 2226 2224 2222 2220 2218 2216 2214 2212 2210 2208 2206 2204 5600 5601 2142 ''{213
'
#) I I I
—ROCKV%-- SELMA DR
5512
5513 2227 5511 5512 5513 18
2221 2219 2217 2215 2213 2211 2209 _
5511 5510
5511 5509 5510 5511 17
— Z—
CI
5509 5508 5509 5412 5410 5507 5508 16 Hi— 5408 5406 5404 5402 5509 15 H
CD 5507 5506 5505 5506
5507 5507 Q—
Z — J 14
05505 5504 5505 PAGE DR 5503 5504 —
5505
— M _______— 13
5503 Proposed Rezone from 5502
—
Limited Commercial to 5411 54091 5407 5405 54031
5401 5501 5503 12 I
5501 Planned Unit Development I l ssoo
_ Single Family-2, / ,; 1 5501 11
�� MISSILE RD
10
w
DOROTHY ST -o 2203
WL119 rnited'al
5406 0 ,//1 / >
C rnme
2307 2305 2303 — LU 1901
5404 5409 5410 W
5404
5412 15416 5420 5424 fr
5407
5407 CD
5408
5402 5400
2306 2304 2302 5405 r 5405 -
5400 5403 5406 p: \
5403 \ `5209
W 541354151
5417 5419 5421 54231 5314
DORIS.ST 5401 5404 Z 5213
5401
5306 5311 5402 I-
2307 2305 2303 5300 5304 5308 5313 5215 /-
:::
5309 5400 00 5315 5217
m
0_ 5309
a 5219 Ot
5307 {0
2306 2304 2302 5307 5324 5323 5305\ 2202
5300 2214 5301 112206 __I---------
J
j —
5305 5322 5321
REILLY-RD 5303 5320 5319 ' �pCASTLE RD��
CG
5301 2
:: :
5385303 5316 5315
2211 2207
2220 2213 5305
I I I 5313 f
0 140 280 560 Feet 2222 5307 !
R 23-03 Legend
2203 Missile Road _ Subject Property
Rezone Map re* Rezone Area
CITY PRODU ITAPRODUCED
BY Cedric Hu PLANNING DIVISION I_I Zoning Boundary
MAP PRODUCED BV.Cedric Hu.
DATE PRODUCED:22 June 2023 I- - —
"&I"ef Parcels
cry of wmIe F•e ys nas enemprea m tansy me arcue cy of ins imwmerion conieinea in ins fd io.rg
urory totem nnoi n r
It lags n at represent N.onlho.lropne swey ana.eVeseMs only the spprommage relemcbaton m as
propcmOM.
PAGE 25 OF 26 PAGES
AGENDA ITEM NO. 7.A
Attachment "2"
QUAD9L-X D-V-LOPV _\ '9
2203 MISSILE ROAD, WICHITA FALLS, TX r,— r;;
CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS
FEUARY 2023
CACER/DE`F-LOP-R. SLR VEY NE FIR V. CIVIL ENGINE-R FIRel
MICFAEL GR550II PROVEN SURVEYING M.WOOD ENG NEERIVG, FL_C
DBA GRASSI CONSTRJCTION _LC 2106 KELL B ED. F.G. B0X 513 N
7 AMBER VALLEY COURT .A12111 TA F.A_LS, TX 76309 I CLL DAY, TEXAS 76365
ANICHTS 7.4L_E TX 763E8 (940)322-6050 (970) 556- 0.352
(910) 782-5837. TB'LS #3013000 -NP° FRM-21932
a_x—
�v:n o.inc.rao.nux xMr...n-wr." QUADPI FF
, DEVELOPMENT
,,,� - - - - WICHITA FALLS,T%
-
"
1 iáT:
s n r x /SA j '1.. "if 1 1 1 -`F t l C_t 'Ili: {-1 1) H' H I k`1 I{ a{ 1I I _ _ . I,
It
�I
CONCLVIUAL OIL
PLAN FOR
._... QUADFLEX
DEVELOPMENT
1OF1
PAGE 26 OF 26 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Ordinance amending Chapter 94, Article I, Section 94-15 to allow for
the expansion of the use area, creating new hours of operation, and
limiting the speed of Personal Mobility Devices within the Central
Business District.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Create a Live, Work, Play Downtown
COMMENTARY: Over the last six months, staff has reviewed Section 94-15 (Personal
Mobility Devices), and changes are recommended to the ordinance. These changes are
as follows:
• Expanding the boundaries within which personal mobility device operators can
operate
• Removes the limit of 20 personal mobility devices by an operator
• A requirement that operators report all injury/accidents involving their personal
mobility devices on a monthly basis
• Personal mobility device operators will be required to set the maximum speed of
their equipment to 25 mph. The operator can choose a slower speed if they desire.
• Hours of operation are set from 6 a.m. to midnight.
With the growth and development outside of the core Downtown area, adjustments to the
ordinance were required. These changes will allow personal mobility device operators to
expand into these areas. To date, the program has been successful, and the lone operator
in the Downtown area has fulfilled all obligations to the City of Wichita Falls. Staff will
continue to work with Personal Mobility Device operators to further develop alternative
modes of transportation.
Staff recommends these amended items to Section 94-15.
® Director, Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Ordinance; Map
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 7.B
Ordinance No.
Ordinance amending Chapter 94, Article I, Section 94-15 to allow for
the expansion of the area, creating new hours of operation, and
limiting the speed of Personal Mobility Devices within the Central
Business District
WHEREAS, the City Council has previously determined the redevelopment of
downtown was part of the City's long-term Strategic Plan; and,
WHEREAS, the use of Personal Mobility Devices enhances the City of Wichita
Falls downtown area by allowing alternative transportation; and
WHEREAS, staff believes this ordinance will expand Personal Mobility Devices will
use and continue to lead to an increase in transportation options, and increased sales;
and
WHEREAS, the City Council concurs with staff's recommendation to amend the
Code of Ordinances at Chapter 94, Article I, Section 94-15.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Wichita Falls Code of Ordinances Chapter 94, Article I, Section 94-15 is hereby
amended and shall hereafter read as follows:
Sec. 94-15 Personal Mobility Devices
(a).Definitions
i. Customer means a person who rents or otherwise uses a Personal Mobility
Devices from an operator
ii. Director means the director of the department designated by the city manager
to enforce and administer this article and includes representatives, agents, or
department employees designated by the director.
iii. Personal Mobility Devices means an electric bicycle, or an electric motor-
assisted scooter, pursuant to the definitions set forth in Texas Transportation
Code, Sections 541 .201 and 551 .351 , that can be located and unlocked using
a smartphone app whether placed in a docking bay, self-standing, or standing
with a kickstand.
iv. Personal Mobility Device Systems means a collection of Personal Mobility
Devices owned and operated by an operator within the City of Wichita Falls
pursuant to and in accordance with this section.
v. Geo-Fence Zone means an area used for Personal Mobility Devices in the City
and which is designated in accordance with this Article defined by GPS or RFID
that registers when a Personal Mobility Device enters or leaves such
designated area and in which operator is allowed to conduct certain activities
as set forth in this Article.
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 7.B
vi. Street means a public roadway, street, or alley in which the municipality has an
interest.
vii. Operator means an individual or company that has been issued an operating
authority permit under this article.
(b).General Duty and Authority of Director.
i. The director shall implement and enforce this article and may by written order
establish such rules or regulations, consistent with this article and state or
federal law, as he determines are necessary to discharge his duty under, or to
affect the policy of, this article, including but not limited to, rules or regulations
on hours of operation, slow zones, and areas where riding Personal Mobility
Devices are prohibited. The director may contract with vendors to assist with
data collection and analysis and to collect and store Personal Mobility Devices
deployed or parked in violation of this chapter.
(c).Location
Personal Mobility Device Systems shall only be allowed to operate within the
Downtown Area located within the boundaries as follows:
• Beginning at the Northwest corner of the intersection of the Circle Trail
and Burnet Street, heading southeast following the east side of Burnett
Street to the intersection of Burnett Street and 15th Street;
• Continuing West following the south side of 15th Street to the intersection
of 15th Street and Scott Avenue and Kell West Boulevard;
• Continuing Northeast along the north side of Kell West Boulevard to the
intersection of Kell West Boulevard and the BNSF Railway rail tracks;
• Continuing Northwest along the eastside of the BNSF Railway rail tracks
to the intersection of the BNSF Railway rail tracks and the Circle Trail;
• Continuing East along the southside of the Circle Trail to the intersection
of the Circle Trail and Burnett Street where it ends.
ii. The boundaries of the "Downtown Area" include and incorporate an area 100
feet from the furthermost curb line of the boundary. Wherever boundaries are
drawn at street intersections, the entire intersection is included inside the
boundaries. Legal description controls over any map. (Exhibit A)
ii. Personal Mobility Devices that are privately owned are not subject to this
ordinance and may be used according to state law.
(d).Permit Required
i. Personal Mobility Device systems are allowed pursuant to this Article, and
Personal Mobility Devices may operate in the City only in accordance with the
terms of a City permit and must comply with all the provisions of this Article and
applicable law. Permits shall be issued upon payment for a 12-month period
unless expressly provided otherwise in this Article.
ii. A permit fee shall be set by a separate ordinance.
(e).Permit Application.
i. A person desiring to provide a Personal Mobility Devices system must first
submit an application for a permit or for renewal of a permit, and may not
PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 7.B
operate such system until the permit or renewal thereof is approved by the City.
The permit application shall contain the following:
1 . The name and form of business of the operator;
2. The name, phone number, and business street address (and mailing
address if different) of the operator and operator's agent for service of
legal process, if different;
3. The name, phone number (including cell number), street address of the
local representative of the operator to the City available and authorized
to act on behalf of the operator;
4. Size and location of the fleet;
5. A photographic image or visual representation of each type of bicycle to
be deployed as part of operator's Personal Mobility Devices system;
6. A description of an internet-enabled mobile device application to be used
by customers to register membership to locate, use, pay for, lock, and
unlock each bicycle;
7. The proposed geo-fence zones, including any area in which operator
plans to expand its Personal Mobility Devices system during the permit
period;
8. Proposed home zones in the City, if any;
9. A plan for operator to maintain each bicycle in a safe and operable
condition, and to recover and repair Personal Mobility Devices
discovered or reported to be unsafe or inoperable before redeployment;
10.A plan for an operator to rebalance and relocate Personal Mobility
Devices
11 .A plan for educating customers on the safe use of a bicycle, knowledge
of compliance of all applicable laws and proper bicycle parking;
12.Proof of current coverage of insurance as required by this Article;
13.Payment of a permit fee in the amount applicable to the operator as
specified in this Article;
14.The provision of any other information reasonably requested by the City
in making its determination.
(f). Granting and Renewing Permits, denial of permits, and revocation of permits.
i. Granting or renewing permit. A person may operate a Personal Mobility
Devices system only with a properly granted or renewed City permit as set forth
in this Article, and only in accordance with applicable law.
ii. Denial of permit. The application shall be denied and no permit shall be issued
if the City finds that:
1 . Any statement made in the application is incomplete, inaccurate,
misleading, or false;
2. The operator, its partners, officers, owners, and other principals have
not paid to the City all fees due under this Article; or
3. The operator has otherwise not complied with this Article or has had a
history of noncompliance with the provisions of this Article.
iii. Revocation of permit.
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 7.B
1 . The City may revoke a permit due to operator's failure to comply with its
permit, this Article, or any applicable federal, state, or local law or
regulation.
2. Permits may also be revoked for one or more of the following reasons:
a. Poor customer response or service;
b. Posing an unreasonable risk to the health, safety and welfare of
the general public;
c. Having a history of violating one or more requirements of this
Article;
3. Notice of denial or revocation. The City shall provide written notice within
ten days of the denial or revocation of a permit to operator, which notice
shall state the reason(s) for the decision and inform the operator of its
right to appeal the decision in writing including by when and to whom it
must be delivered.
(g).Operations
i. Each operator shall provide Personal Mobility Devices to accommodate a wide
range of users.
ii. Each Personal Mobility Device permitted under this article must display the
emblem of the operator along with a unique identification number.
iii. Personal Mobility Devices must meet all requirements of local, state, and
federal law. Personal Mobility Devices must be high quality and sturdily built
to withstand the effects of weather and constant use for five years.
iv. Personal Mobility Devices must be well maintained and in good riding condition.
v. Each Personal Mobility Devices permitted under this article must be equipped
with active global positioning system technology and display a unique
identification number with characters no less than one inch in height per
character.
vi. Spoken word alarm systems are prohibited on Personal Mobility Devices.
vii. Operators shall maintain a staffed operations center.
viii. Operators shall maintain a 24-hour customer service number posted on each
Personal Mobility Devices for customers and citizens to report safety concerns,
make complaints, ask questions, or request a Personal Mobility Devices be
relocated.
ix. Operators shall rebalance Personal Mobility Devices daily.
x. Operators shall provide the director with contact information for someone who
can rebalance and relocate Personal Mobility Devices The operator shall
rebalance or relocate Personal Mobility Devices s within two hours of receiving
notification on weekdays between 6:00 a.m. and 6:00 p.m. (excluding holidays)
and within 12 hours of receiving notice at all other times. An operator shall
notify the director within 24 hours of a change of contact information.
xi. An operator shall remove any inoperable Personal Mobility Device, or a
Personal Mobility Device that is not safe to operate, from the right-of-way within
24 hours of notice from the director. A Personal Mobility Device removed from
the right-of-way in accordance with this subsection must be repaired before it
is returned to revenue service.
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 7.B
xii. An operator shall provide the director with special access, via the operator's
app or other device, to immediately unlock and remove Personal Mobility
Devices that are blocking access to city property or the public right-of- way.
xiii. The director may remove a Personal Mobility Device from city property or the
right-of-way that is parked in violation of this article. The operator is responsible
for the costs of removal and storage set by a separate fee ordinance.
xiv. If the city incurs any costs addressing or abating any violations of this article,
or incurs any costs of repair or maintenance of public property, the operator
shall reimburse the city for the costs within 30 days of receiving written notice
from the director.
xv. An operator shall not place or attach any personal property (other than
Personal Mobility Devices), fixtures, or structures in the public right-of-way
without the separate written permission of the director. Any permission to place
items in the public right-of-way must be incorporated into the permit.
xvi. An operator shall not adversely affect the property of any third parties during
the use of city property or the public right-of-way.
vii. An operator shall notify the Director monthly of any accidents or injuries
involving a Personal Mobility Device.
xviii. An operator shall be limitcd to a total numbcr of 20 Personal
(h).Parking, and Deployment
i. Personal Mobility Devices may only be operated on public streets within the
designated area herein.
ii. Personal Mobility Devices shall be limited to no more than a speed of 25 mph.
iii. Personal Mobility Devices shall be limited to the hours of operation from 6:00
a.m. to 12:00 a.m. (midnight).
iv. Personal Mobility Devices may not be parked in a manner that would impede
normal and reasonable pedestrian access on a sidewalk or in any manner that
would reduce the minimum clear width of a sidewalk to less than 36 inches.
v. Personal Mobility Devices may not be parked in a manner that would impede
vehicular traffic on a street or alley.
vi. Personal Mobility Devices may not be parked in a manner that would impose a
threat to public safety or security.
vii. Personal Mobility Devices may not be parked on a public street without specific
permission from the director.
viii. Personal Mobility Devices may not be deployed on a block where the sidewalk
is less than 36 inches in width, or on a block that does not have sidewalks
unless a docking zone is safely created for this block. The director may
determine other blocks where deploying dockless vehicles is prohibited.
ix. Personal Mobility Devices may only be deployed on private property with the
permission of the property owner, or on government owned or controlled
property with the permission of the governmental official.
x. Personal Mobility Devices must stand upright while parked.
xi. Personal Mobility Devices may not be parked in a visibility triangle.
xii. Personal Mobility Devices may not be parked within five feet of a crosswalk or
curb ramp unless given specific permission by the director. Personal Mobility
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. 7.B
Devices must be parked in a manner to provide a 20-foot clear zone around
transit stops, shelters, or platforms.
xiii. Personal Mobility Devices may not be parked in a way that blocks:
1 . Transit stops, shelters, or platforms.
2. Commercial loading zones.
3. Railroad tracks or crossings.
4. Passenger loading zones.
5. Disabled parking zones.
6. Street furniture that requires pedestrian access (for example, benches
or parking pay stations).
7. Building entryways.
8. Vehicular driveways.
xiv. Personal Mobility Devices that are parked in an incorrect manner must be re-
parked or removed by the operator within two hours of receiving notice from
the director between 5:00 a.m. and 12:00 a.m. (midnight) on a daily basis.
xv. The director may remove and store any Personal Mobility Devices that is left
unutilized at the same location for five or more consecutive days.
xvi. The director shall invoice the operator for the cost of removal and storage.
xvii. The director may identify designated Personal Mobility Devices parking zones.
Subject to advance approval of the director, an operator may indicate virtual
Personal Mobility Devices parking areas with paint or decals where appropriate
in order to guide riders to preferred parking zones in order to assist with orderly
parking of Personal Mobility Devices throughout the city.
xviii. Every person riding a Personal Mobility Devices upon the streets of the city
shall be subject to provisions of all laws and ordinances applicable to the
operator of any other vehicle, except those provisions of laws and ordinances
which, by their very nature, can have no application.
xix. A person commits an offense if the person rides a Personal Mobility Devices in
violation of time of day or locational restrictions or on a public sidewalk.
(i). Insurance Requirements.
i. An operator shall procure and keep in full force and effect no less than the
insurance coverage required by this section through a policy or policies written
by an insurance company that:
1 . is authorized to do business in the State of Texas;
2. is acceptable to the city; and
3. does not violate the ownership or operational control prohibition
described in this section.
ii. The insured provisions of the policy must name the city and its officers and
employees as additional insureds, and the coverage provisions must provide
coverage for any loss or damage that may arise to any person or property by
reason of the operation of a dockless vehicle.
iii. An operator shall maintain the following insurance coverages:
iv. The commercial general liability insurance must provide single limits of liability
for bodily injury (including death) and property damage of $1 million for each
occurrence, with a $2 million annual aggregate.
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 7.B
v. If an operator will utilize motor vehicles in its operations, the business
automotive liability insurance must cover owned, hired, and non-owned
vehicles, with a combined single limit for bodily injury (including death) and
property damage of $500,000 per occurrence.
vi. Worker's compensation insurance with statutory limits.
vii. Employer's liability insurance with the following minimum limits for bodily injury
by:
1 . Accident, $500,000 per each accident; and
2. Disease, $500,000 per employee with a per policy aggregate of
$500,000.
viii. Insurance required under this article must:
1 . Include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 30 days before
cancelling the insurance policy (for a reason other than non-payment) or
before making a reduction in coverage;
2. Include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 10 days before
cancelling for non- payment;
3. Include an endorsement to waive subrogation in favor of the city and its
officers and employees for bodily injury (including death), property
damage, or any other loss.
4. Cover all dockless vehicles during the times that the vehicles are
deployed or operating in furtherance of the operator's business;
5. Include a provision requiring the insurance company to pay every
covered claim on a first-dollar basis;
6. Require notice to the director if the policy is cancelled or if there is a
reduction in coverage; and
7. Comply with all applicable federal, state, and local laws.
ix. No person who has a 20 percent or greater ownership interest in the operator
may have an interest in the insurance company.
x. An operator may not be self-insured.
xi. Any insurance policy required by this article must be on file with the city within
45 days of the issuance of the initial operating authority permit, and thereafter
within 45 days of the expiration or termination of a previously issued policy.
(j). Data Sharing:
i. An operator shall comply with the mobility data specification (MDS) standard
and cooperate with the city in the collection and analysis of aggregated data
concerning its operations.
ii. An operator shall provide live MDS data to city data vendors. City data vendors
shall supply the director a daily report of aggregated data for the previous 24
hours. City data vendors shall not supply the director with live MDS data. The
director may request aggregated data from data vendors at other times when
necessary for law enforcement and other emergencies.
(k).Crim inal Offenses.
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 7.B
i. A person commits an offense if he violates or attempts to violate a provision of
section 94-15. A culpable mental state is not required for the commission of
an offense under this article unless the provision defining the conduct expressly
requires a culpable mental state. A separate offense is committed each day in
which an offense occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this ordinance may be
renumbered or relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or the
Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or
the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
5. This ordinance shall become effective on September 14, 2023.
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 7.B
� fist ..0
v �4r'" rtvr . !M F` F._ lie" '�\y -
,, ° � ,,,9L 9� c�C. <4 9 y ifiliti
5T—
�G? F ,. O •
O ° g'C 'A �+ l
ki Y '1 ; .:�: ,` �� , ' G�..51.5)
� •� t'S� ' 'CEP 'A CLAUGHLINST
Q e 9GF ��•
N 2NDK!,,•\ \ • ''' ' , :'41\4 i
4004/
+' TULSA�ST
rt;
.� �,:4 ,O e _ •FLOOD S T
� � �,u�nit
Or�
1
• .15 4, og. ...• ,,... .,I.d, ;:.i.,-, ..;,, 'N (t‘ :,17.X, ';:'
lb"
F ..
,tip q�� �,.
if) I®'•, !' -�G '' lµ BARWISE ST
i .; ' `0,..,,, 4,„ ,, , .'3, - -'.. ,' • ' '*...,-\;\ ? . '''''. -'44.Nc)-.410\\I r — -
Uf: -' '''' '' \Y e -4' , To,. ti"' . '•'1 or ;\, ,- /0. Nr.-.V.;\' i•-• '''' 0 ' 5
> • \\* . ,› , ,;,:\f'7,..,.ji, 0" .- .,,40,,x5,\ ;73, 4 .1.. -i, ,,,i, ... ..,,. ,\_; "-IT;$41_,--“n ---- 1, -
\ili
0 l,- 'r�"a. / �' V 0� •�` '1� ..- \ * NO ,fir :2 "�� I� ELM I. .
r;if r y � G ` g�a .: _�rI °y.
,-. ,. wriir'. .\�G� '�.,�-- .,���� • nJ ' ' ,' Sr, AL ��. WlALNUT-ST
A s t!; •
. ��, �. y.%).
��; ELF _.
il 9 ,
I I I I I I I I ' HENRIETTA S C ;
�� 9
0 500 1,000 2,000 Feet Si:A, A�.: '� 1A�
Personal Mobility Device Systems
Allowable Downtown Area
Aerial Map Legend
CITY OF WGHITA FALLS,PLANNING DIVISION
MAP PRODUCED NY:Cedric Hu Operable Area
DATE PRODUCED.1 August 2023
Parcels
ora,,'oo7'..'ffi
PAGE 10 OF 10 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Public Hearing on the Fiscal Year 2024 Proposed Operating Budget
and Resolution Setting a Date for Adoption of the FY 2024 Budget.
INITIATING DEPT: City Manager's Office/Finance
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY:
Timeline:
• March 2023 — Fiscal Year 2024 budget process initiated by City staff;
• May 2023 — Department Directors finalize budget requests; City Manager
conducts individual budget meetings with Directors;
• June 20, 2023 — FY 2024 budget workshop: City staff presents to City Council
initial overview of projected revenues and the major operating funds;
• July 25, 2023 — City Manager's proposed FY 2024 budget conveyed to City
Council;
• July 26, 2023 — Proposed budget filed with the City Clerk, and posted on the City's
website;
• August 4, 2023 — Notice of forthcoming August 15, 2023, public hearing on FY
2024 budget published in accordance with State law;
• Auqust 8, 2023— City Council conducts a work session on the proposed FY 2024
budget;
• Auqust 15, 2023 — City Council scheduled to (1) conduct public hearing on FY
2024 budget, and (2) vote to forward a proposed property tax rate and to set a
public hearing on such rate for September 5, 2023;
• Auqust 25, 2023 — Pending action on August 15, 2023, City staff to publish notice
of the September 5, 2023 public hearing on the proposed tax rate in accordance
with State law;
• September 5, 2023 — Pending action on August 15, 2023 City Council scheduled
to (1) consider ordinance adopting FY 2024 budget, and (2) conduct public
hearing on proposed property tax rate related to FY 2024 budget, and (3) consider
ordinance adopting related property tax rate;
• September 30, 2023 — FY 2023 ends;
• October 1 , 2023 — FY 2024 begins.
Summary
This item is to seek public comment on the FY 2024 Proposed Operating Budget, which
covers the fiscal period beginning October 1 , 2023 and ending September 30, 2024. In
PAGE 1 OF 3 PAGE
AGENDA ITEM NO. 8.A
general, the City Manager proposes a balanced budget for FY 2024 totaling
approximately $232.9M, which represents a decrease of approximately $864K from the
FY 2023 (current year) adopted budget. This is a decrease of-0.37%. The City's General
Fund, representing approximately 45% of the total budget, has proposed expenditures in
FY 2023 of approximately$103.4M or an increase of approximately$86K from the current
year. The proposed budget assumes a decrease in the current City of Wichita Falls
property tax rate of $0.694321 to $0.68000 per $100 of assessed value.
The proposed operating budget can be viewed in its entirety on the City's website at:
https://www.wichitafallstx.gov/1668/Annual-Budgets
Staff recommends the City Council open the public hearing to receive comments. The
City Council is scheduled to consider adoption of the FY 2024 budget on September 5,
2023.
® CFO & Director of Finance
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGE
AGENDA ITEM NO. 8.A
Resolution No.
Resolution setting a Date for Adoption of the FY 2024 Proposed
Operating Budget
WHEREAS, state law prescribes specific procedures that local governments must
follow when setting Public hearings related to the adoption of budgets for the ensuing
year; and,
WHEREAS, the City Council has held the required public hearing on the proposed
budget and now takes action thereafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The City Council of the City of Wichita Falls hereby expresses its intent to place
an item on the City Council agenda of September 5, 2023, to consider adopting the FY
2024 budget.
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGE
AGENDA ITEM NO. 8.A
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution expressing the City Council's intent to place a proposal
on a future Council agenda approving a property tax rate that
exceeds the no new tax rate, but does not exceed the voter-approval
tax rate; scheduling one public tax rate hearing, and establishing the
date to vote on same.
INITIATING DEPT: Finance/CFO
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: State law provides the guidelines that local governments must follow
when setting property tax rates for the ensuing tax year. Specifically, when a city
considers adopting a tax rate that city must hold one public hearing and, post notice of
the hearing for seven (7) consecutive days prior to the hearing on the City's website and
on free access TV. Public Hearing notice must also be published in the newspaper
indicating the date, time, and place of the public hearing at least five (5) days prior to the
date the hearing is held. The city must then officially adopt the budget and tax rate prior
to September 30, 2023.
The current property tax rate for the City of Wichita Falls is $0.694321 per $100 of
assessed value, and the no-new-revenue tax rate is $0.639708. The no-new-revenue tax
rate is essentially the rate that generates the same tax revenue as the prior year from
properties that were on the tax roll in both tax years. The voter-approval rate is$0.685010.
The voter-approval tax rate is the rate the City may adopt, but not exceed.
The Proposed Tax Rate is $0.680000. The maintenance and operations portion of this
tax rate will raise $0.010466 per $100 of assessed value over the no-new-revenue-tax
rate, and the same assessed value as the voter-approval-tax rate. This tax rate is 6.29%
higher than the no-new-revenue tax rate.
The proposed FY 2024 budget recommends a tax rate of$0.680000, which is 2.1% lower
than the tax rate in FY 2023 (current year). This tax rate does not exceed the voter-
approval tax rate.
The tax rates considered in this resolution will be calculated and certified by the Wichita
County Tax Assessor-Collector, Tommy Smyth.
This resolution has been prepared with a blank for the proposed tax rate in order to allow
the City Council to conduct the budget hearing prior to deciding on a proposed tax rate.
After completing the budget hearing, the City Council must take a record vote expressing
its intent to adopt a tax rate that equals the tax rate in the Proposed Budget or expresses
PAGE 1 OF 3 PAGES
AGENDA ITEM NO.8.B
its intent to adopt a tax rate other than the rate in the Proposed Budget. Council may vote
to adopt a tax rate between the no-new-revenue tax rate of $0.639708 and the voter-
approval tax rate of $0.685010.
Because the Proposed Tax Rate exceeds the no-new-revenue tax rate, but is below the
voter-approval tax rate, a record vote of this Council is required. It should be noted, that
the resolution must include a proposed tax rate.
Approval of this agenda item expresses the governing body's intent to hold a public
hearing on the proposed tax rate on September 5, 2023, and its intent to vote to adopt a
tax rate on September 5, 2023, at its regularly planned Council meeting.
Staff recommends the City Council, by record vote, approve the resolution proposing a
property tax rate for FY 2024 to be considered at a public hearing on September 5, 2023.
® CFO
ASSOCIATED INFORMATION: Resolution
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO.8.B
Resolution No.
Resolution expressing the City Council's intent to place a proposal on
a future Council agenda approving a property tax rate in accordance
with the Texas Property Tax Reform and Transparency Act of 2019;
scheduling one public tax rate hearing, and establishing the date to
vote on same
WHEREAS, state law prescribes specific procedures that local governments must
follow when setting property tax rates for the ensuing year; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The City Council of the City of Wichita Falls hereby expresses its intent to place
an item on the City Council agenda of September 5, 2023, to consider adopting a property
tax rate of $_ per $100 of assessed property value.
2. The City Council furthermore expresses its intent to conduct a public hearing to
discuss the property tax rate on September 5, 2023 at 8:30 a.m. to be held in the City
Council Chambers.
PASSED AND APPROVED this the 15th day of August, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO.8.B
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution nominating Howmet Castings & Services, Inc., located in
Wichita Falls, to the Office of the Governor, Economic Development
and Tourism through the Economic Development Bank for
designation as a Single Enterprise Project (Project) under the Texas
Enterprise Zone Program (EZP) under the Texas Enterprise Zones
Act, Chapter 2303, Texas Government Code (Act)
INITIATING DEPT: Development Services/Planning
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Support Implementation of the Economic Development
Strategic Plan
COMMENTARY:
• 1979 — Howmet facility opened in Wichita Falls (6200 N Central Fwy); company is
a global manufacturer of equinox super alloy blades and vanes for commercial and
military aero-engine and industrial gas turbines.
• June 6, 2017 — City Council approved renewal of 5-year non-annexation/incentive
agreement with company; currently negotiating renewal.
• 2022-2023 Biennium —Wichita Falls (population < 250,000) had six designations
available to nominate qualified business entities via the Texas EZP.
• Auqust 2, 2023 — Howmet formally requests the City nominate their Wichita Falls
facility for a single Enterprise Project designation. Enterprise Project designation
allows the company to apply to the State of Texas for a rebate of state sales and
use tax for five-years based on capital reinvestment and jobs created/retained.
• Auqust 15, 2023 — City Council to consider supporting request.
• September 1, 2023 — Project application due to the State.
Howmet Castings & Services, Inc., a subsidiary of Howmet Aerospace, is committed to
invest $10.2M+ in capital upgrades and improvements to their Wichita Falls facility,
including expansion of the generated steam dewax operations (removes wax from
ceramic molds) along with replacement of the gas fired dewax furnace. During the 5-year
Enterprise Project period (2023-2028), the company anticipates maintaining its existing
workforce and retaining up to 500 full-time jobs. Additionally, 35% of new or replaced
personnel are to be residents of an enterprise zone, considered economically
disadvantaged, and/or a veteran.
City Council action (via resolution) to officially nominate the company for the state
program is required prior to the company's application submittal to the State. The
Enterprise Project Designation allows the company to apply to the State of Texas for a
PAGE 1 OF 9 PAGES
AGENDA ITEM NO. 8.0
rebate of State sales and use tax for five-years based on capital reinvestment and jobs
created/retained.
RECOMMENDATION:
Staff recommends Council approve the resolution nominating Howmet Castings &
Services, Inc. for potential economic development incentives available through the Texas
EZP.
® Director of Development Services
® Assistant City Manager
ASSOCIATED INFORMATION: Exhibit A—Location Map, Exhibit B—Aerial View, Exhibit
C—Request Letter: Howmet Castings & Services, Inc., Resolution
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 2 OF 9 PAGES
AGENDA ITEM NO. 8.0
EXHIBIT A
Project Location - Howmet Castings & Services, Inc.
6200 North Central Freeway, Wichita Falls, Texas
t , 1
i v
° o rn) 11 i
z
\\\ 7
BACON SWITCH RD
j
4>
4p'O (A
.,_____
ie� 1m
p,
,,,,
.,
J/j0000,,,,"t, \
Project Site
Howmet Castings&Services,Inc.
6200 N Central Freeway T
�� JO
i\� % 4
i
f
1\*4
13
\D \
ID
�J \ REILLY RD f
\\ \ \\ oN
PAGE 3 OF 9 PAGES
AGENDA ITEM NO. 8.0
EXHIBIT B
Aerial View of Project Site - Howmet Castings & Services, Inc.
6200 North Central Freeway, Wichita Falls, Texas
\--Uciki6 a r
•
F6�OJ.w..fa.Faw1'dF^4wPir � � 1 +'�,' I Y ti i s
' r4
41,
�y.
—�.�—
BACON SWIT H RD
F /
• /
'w Project Site
Howment Castings&Services Inc_
6200 N. Central Freeway ,I
Project Location Legend
Howmet Castings & Services. Inc. rim Project Site
OW OFWM-1ffV=AML5.PLANNINGO7.'ISIOH
L45P PRODUCED 6V.amen Medellin
DATE=ROOMED: =nrualy 2618
Yrowxa air Wei Yirya ti.irwr .x a�eNmr.�.m�sa•.na 0 36{} 720 1.440 Feet
II
PAGE 4 OF 9 PAGES
AGENDA ITEM NO. 8.0
EXHIBIT C
Request Letter— Howmet Castings & Services, Inc.
rn Howmet Aerospace, Inc.
INU 201 I st bei!i St:ii 7-$t Sri ige
110111111111T Potshiary, PA n212 358
Liummart "er 4•'2 553 4545
Fax 412 4498
August 2, 2023
Mr,Paul Menzies Ms. Adriatta Cruz
Assistant City Manager Executive Director
Economic Development Services Economic Development&Tourism
snm
City of Wichita Falk Office of the Governor
1300 7Th Street, Room 105 PO_ Box 12428
Wichita Falls,Texas 76301 Austin Texas 78701
Re: Project Description Letter For Howtnet Castings& Services, Inc.
City of Wichita Falls,Texas Enterprise Project Application-Tab 12
Dcau Mr_Menzies and Ms. Cruz:
Howmet Castings& Services, Irtc_ {-Howmet") is a subsidiary of Howmet Aerospace, which is
headquartered in Pittsburgh.Pennsylvania and is a leading global provider of advanced engineered
solutions for the aerospace and trarisp rtation industries. Hct;rrnet Aerospace's primary businesses
arc focused on jet engine components, aerospace fastening systems and airframe structural
components necessary for mission-critical performance and efficiency in aerospace acid defense
applications, as well us fnrgcU, ,,i•tiniinram wheels for commercial tran5pc,rtatiOir. How-rriet
Aerospace(formerly known anti Ai i ii Inc.and prior to that Alcoa Inc.)was founded in 1888 and
has operations in various Coil Far t" and regions outside of North.America and Europe, including
China and Japan, In 2022, llownrct Actospace generated$5.7 billion in revenue and has 21,400
employees in more than 20 countries around the world_
l lawmct Castings & Services, Inc. is part of the l lowmct Aerospace Engine Products business
segment, which has operations in Cari && China, Czech Republic. France, Germany, Japan,
Mexico, United Kingdom. and the United States. The Flowmei Aerospace Engine Products
business acgrnent generated S2.7 billion in sales in 2022 and is aworld-class producer of aero
engine and industrial gals turbine components, including airfoils, rings, disks and forgings.
Howmet Castings&services,.Inc.owns and operates one location in Texas located at 6200 Central
Freeway North,Wichita Fallti, Tcxs.,
From AprIl 28. 2023 tlimJgh September 1.2028, Howmet anticipates spending more than S10.2 rnilliorl
to upgrade arid improve their Wichita Falls Nciliry.Planned capital investment includes an estimated$2
million to expand the generated steam dewax operations, which removes wax hem ceramic maids by
employing a proprietary process to control the rate at which the wax is rnelteu. Howmet anticipates
PAGE 5 OF 9 PAGES
AGENDA ITEM NO. 8.c
EXHIBIT C
Request Letter Cont'd — Howmet Castings & Services, Inc.
Mr. Paul isieriri , 'ply \;iritrrr;r(Cur
City of Wichita.I'ai'Is 1.1::jte.of the Gov'4'rix r
1 c,rriotrric t)cvclnpnwiii and I t'uri:,rn
spending an additional$1.9 million across 2024 and 2025 to replace the existing gas fired dewax furnace
as part of their Plant 2 Monoshell upgrade. Additionally, Howmet expects to spend $700,000 to add a
third wax assembly robot cell to production in 2025.Howmet currently has one cell in production and will
have a second cell delivered at the end of 2023,The wax assembly robot cell is a completely automated
process, which utilizes robots and produces a completed wax assembly with great precision,Lastly,over
the next live years, HOwrnet piaris t0 spend $5-6 million to complete various building renovations and
equipment upgrades, which includes the addition of a solar panel,replaLement of air conditioning units
and plant air compressors,and upgrades to their heat treat control panel and preheat combustion safety
systems,Howmet does not have additional transportation needs at this rime.
As of April 28, 2023, Howmet employed 672 full-time employees at the Wichita Falls facility. Howmet
expects to maintain its existing level of employment and retain up to 500 full-time jobs for benefit under
the Texas Enterprise Zone Program. These jobs meet the definition of a "retained job" in Texas
Government Code §2303.401[2]because they currently exist, provide and will continue to provide„ at
least 1,820 hours of employment annually, and will be employment positions for the longer of the
duration of the project's designation period or three years after the expiration date of the claim period
for receipt of state benefit.
Howmet qualifies under Government Code 5 2303,404 to receive the enterprise project designation,
because Cl) it involves an expansion, renovation,or new construction:(2) it will be completed within a
predetermined period of time not to exceed 5 years; end (3] Howmet utilizes a Cost center based
accounting system that allows for tracking of income and expenses related to the Wichita Falls facility,
ftver the five-year designation period, How-met, through the iowbmxct Aerosrwiie Foundation.,
expects to continue its current level of participation in support of vfwrioac civil: activities and
organizations.Throughout 2023. and 2024, Iinwrnct Aerospace Foundation ha*pledged.$122,0110
to local organsrttions and STEM programs in Wichita Falls and the surrounding community,
including grants to the Young l;ngiriecring Summer Camp-STEM and the l'3urkburacti Senior
Litizens Center. We are proud to invest in STEM and technical education and workforce
development initiatives„ with an emphasis on increased access for STEM fields for
underrepresented individuals, Howrnet has strong ties to the Wichita Falls business community
and will continue to be an active participant- contributor.and corporate citizen in Wichita Falls,
Texas,
I lowmct's investment in their Wichita Falls facility is an ii ir,t .,rot ii nc; r11 part of r'od 1•usirress
community, We look foirward to Working with the Texas EnterTr ,i /.i:4' Program. Hit. City of
Wichita Falls,and the State of Texas in the corning years.
Sincerely,
aviti Adonis
`ico Pri'sident,Tax
Howmif 4 .Minis& St"-vices, Inc.
PAGE 6 OF 9 PAGES
AGENDA ITEM NO. 8.0
Resolution No.
Resolution nominating Howmet Castings & Services, Inc., located in
Wichita Falls, to the Office of the Governor, Economic Development
and Tourism through the Economic Development Bank for
designation as a Single Enterprise Project (Project) under the Texas
Enterprise Zone Program (EZP) under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Act)
WHEREAS, on May 18, 2010, the City of Wichita Falls (the "City") previously
passed Ordinance No. 29-2010 electing to participate in the Texas Enterprise Zone
Program, and the local incentives offered under this resolution are the same on this date
as were outlined in Ordinance No. 29-2010; and,
WHEREAS, the Office of the Governor Economic Development and Tourism
(EDC) through the Economic Development Bank (Bank) will consider Howmet Castings
& Services, Inc. (the "Company") as an enterprise project pursuant to a nomination and
an application made by the City; and,
WHEREAS, the City Council of the City of Wichita Falls, Texas, desires to pursue
the creation of the proper economic and social environment in order to induce the
investment of private resources in productive business enterprises located in the City and
to provide employment to residents of enterprise zones and to other economically
disadvantaged individuals and veterans; and,
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone
Act, Texas Government Code (the "Act"), Howmet Castings & Services, Inc., located
in Wichita Falls has applied to the City for designation as an enterprise project; and,
WHEREAS, the City finds that Howmet Castings & Services, Inc. meets the
criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the
Act on the following grounds:
1 . Howmet Castings & Services, Inc. is a "qualified business" under Section
2303.402 of the Act since it will be engaged in the active conduct of a trade or
business at a qualified business site within the governing body's jurisdiction
located outside of an enterprise zone and at least thirty-five percent (35.0(Y0) of the
business' new or replacement personnel for certified jobs will be economically
disadvantaged persons, veterans or enterprise zone residents; and
2. There already is and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
3. The designation of Howmet Castings & Services, Inc. as an enterprise project
will contribute significantly to the achievement of the strategic plans of the City for
PAGE 7 OF 9 PAGES
AGENDA ITEM NO. 8.0
accelerating economic growth and revitalization through supporting
implementation of the City's Economic Development Plan.
WHEREAS, the City finds that Howmet Castings & Services, Inc. meets the
criteria for tax relief and other incentives adopted by the City and nominates Howmet
Castings & Services, Inc. for enterprise project status on the grounds that it will be
located at the qualified business site, will create a higher level of employment, economic
activity and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate
Howmet Castings & Services, Inc. as an enterprise project pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
1 . The findings of the City and its actions approving this resolution taken at the council
meeting are hereby approved and adopted.
2. The City finds that Howmet Castings & Services, Inc. is a "qualified business",
as defined in Section 2303.402 of the Act, and meets the criteria for designation
as an enterprise project, as set forth in Section 2303, Subchapter F of the Act.
3. The City nominates Howmet Castings & Services, Inc. to the State of Texas for
Enterprise Project status.
4. The enterprise project shall take effect on the date of designation of the enterprise
project by the EDC and terminate 5 years after the date of designation.
PASSED AND APPROVED this 15th day of August, 2023.
MAYOR
THE STATE OF TEXAS
COUNTY OF WICHITA
I, of the City of Wichita Falls, Texas
do hereby certify that the above and foregoing is a true and correct copy of Resolution
Number passed by the City of Wichita Falls City Council on this the
day of , 20
(City Seal)
Marie Balthrop
City Clerk
PAGE 8 OF 9 PAGES
AGENDA ITEM NO. 8.0
THE STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally appeared
of the City of Wichita Falls, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 20
Notary Public, State of Texas
My commission expires:
(Notary Seal)
PAGE 9 OF 9 PAGES
AGENDA ITEM NO. 8.0
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution accepting the Health Official's Report regarding the need
for local governmental requirements pertaining to agricultural
operations, as required by House Bill 1750, to retain and enforce
Chapter 14, Animals, and related ordinances of Wichita Falls.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: During the 88th Legislative Session, House Bill (H.B.) 1750 was
passed by both the House and Senate and subsequently signed into law by Governor
Abbott on 06/02/23, with an effective date of 09/01/23. This legislation expands the
definition of livestock and prohibits a city from imposing a governmental requirement that
applies to agricultural operations located within the corporate boundaries of the city
unless certain conditions are met.
The governing body may make a finding, based on a report issued by the Health Official,
that such requirements contained in a city's code of ordinances are necessary to protect
public health. That report must include clear and convincing evidence of health hazards
related to agricultural operations and a determination as to the necessity of regulation
and the manner in which the agricultural operation should be regulated. H.B. 1750 also
directs Texas A&M AgriLife Extension Service to develop a manual as soon as practicable
after the effective date of the Act. The manual is to include generally accepted agricultural
practices and indicates which of those practices do not pose a threat to public health.
Based on these requirements, a report regarding the need for local regulations pertaining
to agricultural operations from the Wichita Falls — Wichita County Public Health District
Local Health Official and Local Health Authority has been made available.
Staff recommends the adoption of the report and retention of Chapter 14, Animals, of the
Code of Ordinances.
® Director of Health
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 30 PAGES
AGENDA ITEM NO. 8.D
Resolution No.
Resolution accepting the Health Official's Report regarding the need
for local governmental requirements pertaining to agricultural
operations, as required by House Bill 1750, to retain and enforce
Chapter 14, Animals, and related ordinances of Wichita Falls
WHEREAS, the Texas Legislature has passed House Bill 1750, which is effective
on September 01 , 2023; and,
WHEREAS, House Bill 1750 prohibits a city from imposing a governmental
requirement that applies to agricultural operations located in the corporate boundaries of
the city unless certain conditions are met including a Health Official report; and
WHEREAS, a Health Official's Report regarding the need for local governmental
requirements pertaining to agricultural operations has been reviewed; and
WHEREAS, said report identifies evidence of health hazards related to agricultural
operations and determines the necessity of the City regulations and the manner of
regulation related to agricultural operations; and,
WHEREAS, Chapter 14, Animals, and related ordinances should be retained and
enforced to protect the health and safety of citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls City Council has reviewed the report, attached hereto as
Exhibit A, and finds that clear and convincing evidence exists, and Chapter 14, Animals,
and related ordinances are necessary to the public health, and protect persons who
reside in the immediate vicinity or persons on public property in the immediate vicinity of
the agricultural operation from the imminent danger and hereby adopts the report.
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 30 PAGES
AGENDA ITEM NO. 8.D
��G�oc,O0NTyp, I�\Ga ,OUNTypb_`/C'
oy ti
d
Tbra
r ti I. . a
TEXAS4
Public Health Health
Np
ce. 5AlES 4,!den,Oprortwit1Gj Pre,em.Promote.Protect. • •, . •,
ANIMAL SERVICES
A Report Regarding the Need for Local Governmental Requirements
Pertaining to Agricultural Operations
from the Wichita Falls—Wichita County Public Health District
Local Health Official and Local Health Authority
Overview of H.B.1750
During the 88th Legislative Session, House Bill (H.B.) 1750 was passed by both the House and Senate and
subsequently signed into law by Governor Abbott on 06/02/23,with an effective date of 09/01/23. Briefly,
the bill does the following:
• Expands the definition of"Agricultural operation" to include the following: growing vegetation
for human food, animal feed, livestock forage for wildlife management, etc. The definition
already included(h) raising or keeping livestock or poultry
• Defined"Governmental requirement"as any rule, regulation,ordinance,zoning, license or permit
requirement, or other requirement or restriction enacted or promulgated by a county, city, or
other municipal corporation that has the power to enact or promulgate the requirement or
restriction.
• Amends Section 251.005(c)of the Agriculture Code to read as follows:(2)applies to an agricultural
operation located in the corporate boundaries of the city only if the governmental requirement
complies with section 251.0055,which reads as follows:
Limitations on city governmental requirements applicable within corporate boundaries.
(a) A city may not impose a governmental requirement that applies to agricultural operations
located in the corporate boundaries of the city unless:
(1) there is clear and convincing evidence that the purposes of the requirement cannot
be addressed through less restrictive means and that the requirement is necessary to
protect persons who reside in the immediate vicinity or persons on public property in
the immediate vicinity of the agricultural operation from the imminent danger of:(A)
explosion; (B)flooding; (C) an infestation of vermin or insects; (D) physical injury; (E)
the spread of an identified contagious disease that is directly attributable to the
agricultural operation; (F) the removal of lateral or subjacent support; (G) an
1
PAGE 3 OF 30 PAGES
AGENDA ITEM NO. 8.D
identified source of contamination of water supplies; (H) radiation; (I) improper
storage of toxic materials.
(2) the governing body of the city makes a finding by resolution, based on a report by
subsection(b),that the requirement is necessary to protect public health;and
(3) the requirement is not otherwise prohibited by this section.
(b) Before making a finding described by Subsection (a)(2), the governing body of the city must
obtain and review a report prepared by the city health officer or a consultant that:
(1) identifies evidence of the health hazards related to agricultural operations;
(2) determines the necessity of regulation and the manner in which agricultural operation
should be regulated;
(3) states whether each manner of regulation under Subdivision (2) will restrict or prohibit a
generally accepted agricultural practice listed in the manual prepared under Section 251.007;
and
(4) if applicable,includes an explanation why the report recommends a manner of regulation
that will restrict the use of a generally accepted agricultural practice that the manual indicates
does not pose a threat to public health.
(c)A city may not impose a governmental requirement that directly or indirectly:
(1)prohibits the use of a generally accepted agricultural practice listed in the manual prepared
under Section 251.007,except as provided by Subsections(a)and (b);
(2) prohibits or restricts the growing or harvesting of vegetation for animal feed, livestock
forage,or forage for wildlife management,except as provided by Subsection(d);
(3) prohibits the use of pesticides or other measures to control vermin or disease-bearing
insects to the extent necessary to prevent an infestation;or
(4) requires an agricultural operation be designated for:
(A)agricultural use under Section 1-d,Article VIII,Texas Constitution;or
(B) farm, ranch, wildlife management, or timber production use under Section 1-d-1,
Article VIII,Texas Constitution.
• Directs Texas A&M AgriLife Extension Service to develop a manual as soon as practicable after the
effective date of the Act. The manual is to include generally accepted agricultural practices and
indicate which of those practices do not pose a threat to public health.
Purpose of this Report
The purpose of this report, as required in H.B. 1750, is to provide clear and convincing evidence that
retaining a governmental requirement regarding agricultural operations located in the corporate
boundaries of the City of Wichita Falls is necessary to protect the health and safety of the residents and
animals as allowed by H.B. 1750.The dangers regarding lack of such requirements are specific to sections
(C)an infestation of vermin or insects;(D)physical injury;(E)the spread of an identified contagious disease
2
PAGE 4 OF 30 PAGES
AGENDA ITEM NO. 8.D
that is directly attributable to the agricultural operation;and (G)an identified source of contamination of
water supplies identified in H.B. 1750 as 251.006.This report focuses on the raising or keeping of livestock
or poultry, as referenced in aforementioned definition of Agricultural operation (251.005(c)) within the
corporate limits of the City of Wichita Falls and the inherent issues with maintaining those animals.
This is a preliminary report that reviews the current requirements for the management of animals by the
City of Wichita Falls and discusses potential consequences and dangers associated with less restrictive
means for the ownership of livestock and poultry.The Texas Agriculture Code does contain laws regarding
livestock, to include enforcement actions being the responsibility of the Wichita County Sheriff's Office.
Further review and discussion regarding state law and responsibilities are warranted. These
recommendations can be reviewed again upon the issuance of the report to be completed by Texas A&M
Agrilife Extension Service,per H.B. 1750.
City of Wichita Falls Code of Ordinances,Chapter 14
Chapter 14, Animals, of the City of Wichita Falls Code of Ordinances, sets forth rules regarding animals
within the city limits of Wichita Falls. It also assigns the Wichita Falls—Wichita County Public Health District
the responsibility to protect the health and safety of residents through the management and control of
animals within the jurisdiction. Sections of the Code include permits, animal control, rabies control,
cruelty to animals,and control of animals.
The current ordinance generally prohibits livestock and poultry unless specific provisions are met allowing
a resident to procure a Livestock Permit. Issuance of such a permit requires certain things regarding
setbacks and the amount of land necessary for the number and types of animals. It also prohibits owning
exotic livestock,swine,and roosters within the city limits. However,state law and local ordinances differ
in terms but not meaning.The following outlines the terms as defined by state law and the City of Wichita
Falls ordinance counterpart.
Definitions of Livestock&Poultry
Texas Agriculture Code and Texas Administrative Code
According to the Texas Agriculture Code,the term "Livestock" means cattle, horses, mules,asses,sheep,
goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise defined. TEX. AGRIC. CODE § 1.003
(LExisNExis 2023).
According to the Texas Administrative Code, "Exotic livestock" means grass-eating or plant-eating,single-
hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates,
including animals from the swine, horse, tapir, camel, llama, rhinoceros, elephant, deer, and antelope
families.TEX.ADMIN.CODE,TITLE 4,PART 2, §51.1(13)(LExisNExis 2023).
Poultry is defined as chickens, turkeys, game birds of all ages, and other domestic fowl, except baby
poultry (Any newly hatched poultry that has not been fed or watered.) TEX. ADMIN CODE,TITLE 4, PART 2,
§57.10(10)(LExIsNExls 2023).
Wichita Falls Code of Ordinances, Chapter 14
3
PAGE 5 OF 30 PAGES
AGENDA ITEM NO. 8.D
Livestock is defined as a domestic animal generally used or raised on a farm for profit or use, including
but not limited to, bovine,equine (includes horses &donkeys),sheep,goats, swine,or any other animal
defined as livestock by the state agriculture code,whether commonly domesticated or not. Wichita Falls,
Tex.,Code of Ordinances Chapter 14,art. I, §14-1(2022).
Livestock Production Areas are defined as any parcel of land within the city limits in excess of 25 acres
that is used to raise livestock, are exempt from setback, minimum space, odor,vector, pest control and
manure container requirements.Id.
Fowl includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl, and other domestic
feathered creatures regardless of age or sex,except parakeets,canaries,or similar small-size birds,or any
exotic birds,such as parrots, provided they are continuously confined within the residence or business of
the owner/harborer. Id.
For purposes of this report and later enforcement of City of Wichita Falls code of ordinances, the City of
Wichita Falls definition shall control where in conflict.
Chapter 14 Permitting Requirements to Own Livestock&Poultry
Livestock
A livestock permit is required within the city limits. Wichita Falls, Tex., Code of Ordinances Chapter 14,
art. III, §14-198 (2022). A resident must submit an application within 10 days of acquiring livestock and
submit a renewal application annually. Id. An Animal Care Officer (ACO) must annually inspect the
property to ensure all requirements are met.An annual fee is required for the permit. Id.
To have livestock,there is a 200-foot setback requirement from another residence with a minimum of 600
square feet per head of livestock required on the property. Id. Shelter and shade of reasonable size for
the number of livestock are required.Id.;Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. VI, §14-
452(1)(b) (2022).
Property housing livestock shall be kept free of offensive odor, flies, rodents, and other pests. Wichita
Falls,Tex.,Code of Ordinances Chapter 14,art. III, §14-198 (2022). A manure container that is protected
from flies, rodents and other vermin must be on the property, and must be cleaned and disinfected
weekly. Id.
Livestock may not be at-large or on property without confinement. Id.
Revocation of the permit may occur for the following: health & safety violations, cruelty or neglect as
defined by the Texas Penal Code,or have two or more citations for livestock-at-large within a year. Id.
Fowl(a broader class, including poultry)
A fowl permit is required (14-197) for any person owning, possessing, or harboring any fowl within the
city limits. Wichita Falls,Tex., Code of Ordinances Chapter 14, art. III, §14-197 (2022). A resident must
submit an application and submit a renewal application annually and an Animal Care Officer (ACO) will
annually inspect the property to ensure all requirements are met. Id.
4
PAGE 6 OF 30 PAGES
AGENDA ITEM NO. 8.D
To have fowl, there must be a 75-foot setback for any coop, pen, or housing utilized for fowl from any
residence excluding the residence of the owner or harborer of the fowl. Id.There must be a minimum of
12 square feet of floor or ground area for each fowl. Id.
Any structure housing fowl must be cleaned thoroughly at least weekly to ensure there are no noxious
and unpleasant odors emitted from the structure. Id. Any structure used to house fowl must be treated
with an approved disinfectant at least once every six (6) months to discourage insects,flies, ticks, mites,
mosquitoes,and flies. Id.
Residents may not own,possess,or harbor guineas, peafowl,or roosters. Id.
Swine
Swine, pigs,potbellied pigs,or hogs are not permitted within the corporate city limits.Wichita Falls,Tex.,
Code of Ordinances Chapter 14,art. III, §14-204(2022).
Danger Regarding Lack of Requirements,Specific to(C)an Infestation of Vermin or Insects
There are a number of concerns regarding the potential for infestation of vermin or insects with
unfettered ownership of livestock or poultry within the city limits. According to an Assistant Professor and
Extension Entomologist with the Texas A&M System, AgriLife Extension, in her publication entitled
Managing External Parasites of Texas Cattle, external parasites (ectoparasites) can be costly, harm
animals,and transmit disease(Swiger 2012). Cultural control,biological control and chemical control are
necessary components of efficient pest management. Pests specific to livestock include the following:
horn fly,house fly,stable fly,screwworm fly, blow fly, heel fly(cattle grub), horse fly,deer fly, mosquito,
black fly,lice,mites,and ticks. These pests can spread fungal,protozoan,viral and bacterial pathogens.
As detailed in the aforementioned report, the control of horse and deer flies is difficult. Management
recommendations include moving livestock from infested areas or having shelter or barriers to protect
animals from these type of biting flies (Swiger 2012). Stable flies breed in mixtures of decaying litter,
urine, and manure; they live near confined animals, and larvae (maggots) develop in wet hay, manure
accumulations, and straw bedding. The University of Florida Entomology and Nematology Department
states the following(Kaufman et al. 2015):
"In the U.S. stable flies feed mainly on large ungulates such as cattle and horses. However,
they are known to feed on goats, sheep, swine, donkeys, cats, dogs and humans. On large
animals, such as cattle and horses, the flies congregate on the legs, moving to other areas
such as the belly and lower sides when populations are large (>25 flies per leg). On smaller
animals,such as dogs,they feed around the ears due to the superficial blood vessels,and on
the head and legs. Humans usually get bitten on the legs, behind the knees, and on the
elbows.
Stable flies have great capacity for flight and can fly at speeds of 5 mph without wind.Studies
have demonstrated their ability to disperse locally, particularly on farms or between farms,
from their breeding sites to feeding sites and vice versa. A study of flies collected on equine
facilities in Florida found that only 24.3% of the flies captured on horse farms had fed on
horses;64.6%had fed on cattle,9.5%had fed on humans and 1.6%had fed on dogs.The flies
5
PAGE 7 OF 30 PAGES
AGENDA ITEM NO. 8.D
that had fed on cattle had travelled between 0.8 and 1.5 km after feeding on cattle to the
equine facility."
There are concerns regarding stable flies, in particular, being a vector of blood-borne zoonotic diseases
such as anthrax,equine infectious anemia(EIA),and anaplasmosis(Kaufman et al.2015). E.coli and other
pathogens can be spread when house flies infest cattle wounds with maggots(Swiger 2012).
Health District vector control staff work to reduce the mosquito population within the city limits to control
the spread of disease. Having an increased number of livestock and poultry may increase the mosquito
population due to standing water for feeding. The type of mosquito, Culex quinquefasciatus, that are a
primary vector for West Nile Virus(WNV) (Rochlin et al. 2019) are present in the Wichita Falls area,with
two pools of mosquitos testing positive for WNV in 2023 (DSHS 2023). WNV is of concern as
manifestations of infection in humans range from asymptomatic to neuroinvasive disease leading to
flaccid paralysis and death(Jani et al. 2022).
Insect reproduction is encouraged when poor sanitary conditions exist in and around agricultural
operations;those who are responsible for livestock should take necessary measures to minimize breeding
conditions,including:quick removal of carcasses,disposal of manure and spilled feed,removal of hay that
has urine or feces,and wounds on cattle should be cleaned and dressed quickly(Swiger 2012).
Chapter 14 has requirements specific to sanitation,odor,vector control and cage sizes.Animal waste must
be disposed of on a daily basis,and the premises must be kept clean and free from noxious and unpleasant
odors.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. III, §14-197,§14-198 (2022).Some form of
chemical control must be used at reasonable intervals to keep the premises free from flies, mosquitoes,
ticks,fleas,and other vectors.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art.VII, §14-487(2022).
Owners are also required to keep all premises, pens, or enclosures in such a manner as not to give off
offensive odors or as to breed or attract flies and other insects Wichita Falls,Tex., Code of Ordinances
Chapter 14,art. III, §14-109 (2022). Permit holders are required to keep all feed provided for animals in
a rat-proof, fly-proof container. Wichita Falls, Tex., Code of Ordinances Chapter 14, art. VII, §14-488
(2022).
The permitting process, including inspection of the property,ensures that the above conditions are met.
The potential for permit revocation provides a method to ensure compliance to protect the health and
safety of the community. Based on my training and experience as a health official, a clean livestock
environment, as required by the cited ordinance above, has a direct impact on human health. Poorly
managed animal waste and unsanitary conditions can contaminate air,soil,and water sources,creating a
breeding ground for harmful bacteria, viruses, and other pathogens. These contaminants can enter the
food chain, posing serious health risks to consumers. By ensuring cleanliness in livestock environments,
we can prevent the spread of zoonotic diseases and reduce the likelihood of foodborne illnesses within
the City of Wichita Falls.
Danger Regarding Lack of Requirements,Specific to(D)Physical Injury
There are substantial concerns regarding safety if livestock and poultry are allowed within the city limits
without the permitting process,as required by Chapter 14.These concerns include large farm animals and
safety of owners,as well as aggressive breeds of livestock and exotic livestock.
6
PAGE 8 OF 30 PAGES
AGENDA ITEM NO. 8.D
Texas is an open-range state,where livestock owners are not required to fence in their livestock to prevent
them from roaming at large, made clear a century ago when Texas Supreme Court stated the following,
"It is the right of every owner of domestic animals in this state...to allow them to run large." Clarendon
Land,Investment&Agency Co. v.McClelland,23 S.W.576(1893).Wichita County is a closed-range county;
however,enforcement of these rules is limited by the number of available personnel in the Wichita County
Sheriff's Office (WCSO). The Agriculture Code (Title 6 Chapter 142; Section 142.009) designates that the
WCSO will impound an estray and hold it for disposition if: the owner is unknown,the owner cannot be
notified; the estray is dangerous to the public; the estray is located on public property and is not
immediately removed by the owner; or the estray is located on public or private property and is not
redeemed within 5 days after notification. If the number of livestock increased within the city limits,the
burden would be with the WCSO to handle estray animals. Without the permitting process included in
Chapter 14, information regarding livestock within the city will be reduced significantly. WCSO will not
have a database of owner information, to include the number and types of animals and how to contact
the owner.This could delay removing the animal(s)from public property.
An increase in the number of livestock and poultry within the city limits increases the potential for those
animals to be in the public thoroughfare.This may lead to an increase in vehicle crashes,animal bites,and
other injuries. According to the Insurance Institute for Highway Safety, Highway Loss Data Institute,
Fatality Facts 2021, collisions with fixed objects and animals, "Over the past 10 years, Texas had the
highest numbers of deaths from collisions with animals. The numbers reflect the size of the driving
population,the size of the animal population and the percentage of rural roads. Among animal-involved
crash deaths in 2021,63 percent occurred in crashes in which the most harmful event was a collision with
an animal. Rollover and collisions with fixed objects were the next most common most harmful events,
accounting for 16 and 9 percent of deaths,respectively"(IIHS 2021). Potential increases to the number of
at-large animals on roadways has the potential to increase motor vehicle crashes.
Additionally, housing livestock that is loose becomes the responsibility of the WCSO. The City of Wichita
Falls Animal Services Center (ASC) was only designed to handle a limited number of livestock (typically
one at a time) to include one species at a time being housed in the livestock pin. As such,the ASC would
not be able to assist the WCSO with storage of these animals. The ASC would be responsible for at-large
poultry. Staff and facility resources are at maximum capacity without the addition of other types of fowl
that are currently not allowed under Chapter 14, to include roosters,game birds, and pea fowl.There is
only one exotics room within the ASC and it is typically occupied by animals that are seized,at-large, or
surrendered by their owner; in the first six months of 2023,animals included a chinchilla,ferret, rabbits,
chickens, roosters, ducks, guinea pigs, and goats.The ASC is at or exceeding capacity with the current
number of animals within the city. Lessening restrictions would increase the number and potentially put
the staff and animals at risk with supplemental crates in hallways,staff handling animals with which they
are unfamiliar,and the ratio of animals to humans.
As such, maintaining ordinances to protect persons from physical injury is paramount to the goals of
Chapter 14.
Chapter I4 requirements regarding at-large
Chapter 14 sets requirements regarding containment of animals and also provides for Animal Services
staff to enforce such provisions. Keeping these animals contained and fenced is imperative to maintaining
7
PAGE 9 OF 30 PAGES
AGENDA ITEM NO. 8.D
safety of our citizens, encompassing the well-being of the animals, ensuring their safety, protecting
surrounding ecosystems,and promoting efficient and sustainable agricultural practices.
Regarding at-large of animals, including fowl or livestock,within the city is prohibited. Wichita Falls,Tex.,
Code of Ordinances Chapter 14,art. IV, §14-297,§14-377(2022). All animals, including fowl or livestock,
must be restrained by some physical means.Id.The Animal Services Center may impound any animal that
is at-large.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. IV, §14-377,§14-378(2022). Livestock
will be held for five (5)working days past the date of impoundment at which time they will be available
for adoption or transfer to an appropriate rescue group. Wichita Falls,Tex.,Code of Ordinances Chapter
14, art. IV, §14-377, §14-378 (2022). The owner of livestock impounded may reclaim the livestock by
providing proof of ownership and paying all expenses, including any fee associated with the capture of
the animal,boarding fee,impound fee,and any other expenses incurred by the ASC.Id. Livestock at-large
with no known owner will be considered estray and be the responsibility of the WCSO as required by state
law.Id.
Regarding at-large fowl, §14-378 sets forth that chickens, turkeys, or other fowl may not run at-large
within the city limits and may be impounded by the MC. Wichita Falls,Tex.,Code of Ordinances Chapter
14,art. IV, §14-378(2022).The owner of any fowl impounded may redeem such by paying any applicable
impound and boarding fees incurred during the impoundment period. Id.
Animals must be in an enclosure sufficient to prevent its running at-large. Wichita Falls, Tex., Code of
Ordinances Chapter 14,art. VII, §14-487(2022). Such enclosure shall be of sufficient size to maintain the
animal comfortably and in good health.The animal must be able to stand,turn around,sit,and lie down
in a natural position.
As previously stated, the enclosure requirements are aimed at maintaining the safety of the citizens of
Wichita Falls while still maintaining spacing for the animals to move freely. Based on my training and
experience as a health official, fencing is vital for the welfare and safety of livestock. Fencing provides a
designated area where animals can graze, roam,and engage in natural behaviors while being protected
from external dangers. It prevents them from wandering onto roads,getting lost,or coming into contact
with potential hazards, such as vehicles or individuals. Furthermore, fencing is crucial for preserving the
integrity of surrounding ecosystems. Livestock, if left uncontained, can have a detrimental impact on
natural habitats, water sources, and native plant species. Uncontrolled grazing can lead to overgrazing,
soil erosion,and degradation of vegetation,compromising biodiversity and ecological balance. Moreover,
fencing plays a pivotal role in biosecurity and disease prevention. It helps to establish a physical barrier
that restricts contact between domesticated animals,wildlife,and humans,minimizing the risk of disease
transmission. This is especially important in regions where wildlife populations may carry diseases that
can be harmful or fatal to livestock.
Cattle Egrets&Aviation—Sheppard Air Force Base
A concern of great significance for the City of Wichita Falls is the safety of Airmen flying at Sheppard Air
Force Base as well as citizens flying to and from the Regional Airport and Kickapoo Downtown Airport. On
May 09, 2023, the City of Wichita Falls issued a press release regarding a cattle egret roost that had
established itself in the southeast portion of Wichita Falls, and increased the threat to general,
commercial,and military aviation safety. The impact of birds on aircraft can cause extensive damage to
8
PAGE 10 OF 30 PAGES
AGENDA ITEM NO. 8.D
an aircraft,with the potential for crashes and loss of life.A Notice to Airmen(NOTAM)was issued to advise
pilots in the local area that there is an increased bird strike threat due to this roost. The last cattle egret
strike known to have occurred in Wichita Falls was in July 2013,resulting in the ejection of two Sheppard
AFB pilots and the complete loss of a T-38 aircraft,valued at$8M.
Based on my training and experience as a health official, without restrictions detailed in Chapter 14
regarding the ownership of cattle, it can be presumed that the number of cattle, horses, and other
livestock will increase within the city limits. This increase has the potential to increase the number of
cattle egrets in the area.This has the potential consequence of raising the risk for aviation and the safety
of the community.
Zoning
Zoning refers to the division of land into specific zones or districts with predetermined regulations and
restrictions governing the types of land use and development allowed within each designated area. It is a
planning tool used by local governments and municipalities to guide and control the use of land in a
systematic and organized manner. Zoning regulations often incorporate provisions to safeguard public
health and safety.These may include requirements for setbacks from roads,water bodies,or hazardous
areas,as well as provisions for fire safety,parking,and infrastructure standards.
The City of Wichita Falls maintains zoning regulations concerning agriculture uses.Wichita Falls,Tex.,Code
of Ordinances Appendix B. §2030 (2022). Based on my training and experience, the zoning regulations
help protect individuals from physical injury, maintaining sufficient distance from animals by limiting
disease,and reducing infestation of vermin and insects.
Danger Regarding Lack of Requirements, Specific to (E)the Spread of an Identified Contagious Disease
that is Directly Attributable to the Agricultural Operation
There are a multitude of concerns regarding contagious disease that is directly attributable to agricultural
operations. Information presented in this report is not intended to be comprehensive, rather provide an
overview of concerns specific to livestock and poultry.There are many infectious diseases associated with
animals to include those that are enteric(intestinal),internal parasites,in the saliva and/or mouth,in the
skin and external parasites. Enteric bacteria and parasites pose the highest risk for human disease from
animals in public settings (LeJeune & Davis 2004). Studying disease transmission in this type of setting is
important when considering limited oversight and requirements in municipal settings. Single family
dwellings can often be close together, have limited barriers between properties, and be occupied by
residents who welcome guests to their property or have unwelcomed guests. According to a study
published in 2012 by a group of investigators studying the burden of enteric illness attributable to animal
contact in the United States (Hale et al. 2012). The following pathogens were included in the study:
Campylobacter spp., Cryptosporidium spp., nontyphoidal Salmonella enterica, STEC 0157:H7, non-0157
STEC strains, Listeria monocytogens, and Yersinia enterocolitica. Investigators reported an estimated
445,213 illnesses, 4,933 hospitalizations, and 76 deaths attributable to these pathogens as a result of
animal contact in both public and private settings(Hale et al. 2012).The top disease-causing organisms in
this case study were as follows: Campylobacter spp (17%), Cryptosporidium spp (16%), nontyphoidal S
enterica(11%),non-0157 STEC strains(8%),and STEC 0157:H7(6%).
9
PAGE 11 OF 30 PAGES
AGENDA ITEM NO. 8.D
Transmission of enteric pathogens most often occurs via fecal-oral route. Fecal organisms can be harbored
on animal fur, hair, feathers, scales, skin, and saliva (Keen & Elder 2002). Additionally, transmission can
occur when people pet,feed,touch,or are licked by animals (JAVMA 2017). Transmission of pathogens
has also been documented with exposure to contaminated materials including animal bedding, clothing,
shoes,and environmental surfaces that were exposed to fluid and excreta of animals(Sayers et al. 1996;
Friedman et al. 1998; Durso et al. 2005; CDC 2009). Some enteric pathogens can persist in contaminated
environments for extended periods of time; as an example, E.coli 0157:H7 can survive in soil for months
(Durso et al. 2005; Keen et al. 2006;Varma et al. 2003).
The increases of agriculture operations within cities and human-modified urban and peri-urban socio-
ecosystems are of great concern due to animals living in close contact to dense human populations
(Dobigny & Morand 2022). Concerns regarding potential new infectious threats arise when living
organisms, including reservoirs, vectors and pathogens, undergo strong selective pressures leading to
zoonotic emergence attributable to spillover from animals to humans from increased interactions
(Dobigny & Morand 2022). The integration of agricultural operations into cities may provide novel
opportunities for pathogens to shift causes new and additional disease (Santiago-Alarcon & MacGregor-
Fors 2020). It has been noted that large cities surrounded by agricultural land-uses have higher
probabilities for human emergent infectious diseases(Allen et al. 2017).
According to the American Veterinary Medical Association (AVMA), the number of backyard poultry
owners climbed 23% in five years, with 1.1% of all households in the United States owning backyard
poultry in 2016(AVMA 2017). A review of zoonotic diseases specific to non-traditional pets(NTPs),which
include backyard livestock and poultry, found that contact with NTPs increases the risk of exposure to
zoonotic pathogens, which spread between people and animals (Varela et al. 2022). Regarding exotic
livestock, which may be imported from around the globe, the risk for emerging or reemerging zoonotic
disease to people and animals increases(Smith et al. 2012).Agricultural operations without oversight and
management may increase the number of NTPs in households within the city limits. Zoonotic pathogens
can be transmitted by direct or indirect animal contact. Transmission of such pathogens can be through
direct or indirect contact with a surface or environment contaminated with an animal's body fluids,
including urine, feces, blood, saliva, and nasal secretions (Varela et al. 2022). Additional concerns
regarding spread of disease via infectious droplets or aerosols are also warranted (Daly et al. 2017).
Influenza viruses and other pathogens can spread from people to animals in some situations, especially
close contact (Influenza in Animals, 2018). There is a potential for new strains of pathogens to emerge
based on mutation or reassortment; new strains may be capable of adapting to new hosts or ecological
environments(Ghai et al. 2021).
In a literature review conducted by the Centers for Disease Control and Prevention (CDC) covering the
period of 1996 to 2017, studying outbreaks and case reports associated with NTP species in the United
States, four primary pathogens were identified: Salmonella bacteria (Behravesh et al. 2014; Hale et al.
2012), lymphocytic choriomeningitis virus (LCMV), Streptobacillus moniliformis bacteria (rat bite fever),
and Seoul virus (a member of the hantavirus family) (Varela et al. 2022). Using the Animal Contact
Outbreak Surveillance System (ACOSS) (ACOSS 2020), reported through the National Outbreak Reporting
System (NORS) (NORS 2019),243 outbreaks and case reports were reviewed,which include 9,875 human
illnesses attributable to the aforementioned four pathogens. Of those,15%occurred in children younger
than five years old. Eighteen percent of the illnesses required hospitalizations, and there were 0.3% of
10
PAGE 12 OF 30 PAGES
AGENDA ITEM NO. 8.D
deaths in the studied cohort. Other pathogens identified during the review include Campylobacter
species,monkeypox virus,and Francisella tularensis(Tularemia) (Varela et al. 2022).
Backyard poultry most commonly includes domestic land fowl(chickens,turkeys),game birds(pheasants),
and domestic water fowl (ducks, geese). Concerns with disease transmission to people from these types
of animals include Salmonella and Campylobacter. There are concerns that practices regarding care and
keeping of poultry increase risk factors for the spread of disease.These practices include allowing poultry
to enter the home, kissing or snuggling birds, cleaning poultry supplies inside the home, and wearing
shoes outside while caring for animals and cleaning and then tracking materials inside(Basler et al. 2016;
Varela et al. 2022).
Distribution and purchase systems for poultry include operations that range from commercial production
systems to backyard flocks, with birds from each of these systems having the opportunity to encounter
each other at certain points in the supply chain. These encounters may increase the risk of transmitting
pathogens, with salmonella being the most common (Varela et al. 2022). In a study of outbreaks of
Salmonella,a link to backyard poultry was determined that indicates that individuals who were ill mostly
purchased baby poultry through agricultural retail stores. Most of those retail store usually source the
birds from a variety of mail-order hatcheries around the United States (Habing et al. 2013; "Hatcheries
work with CDC" 2018; Nichols et al. 2018).
Feeder animals are also a concern;these include rats,mice,rabbits or chicks that are fed to other animals.
These animals can carry zoonotic pathogens and have been implicated in multiple multistate disease
outbreaks,including Salmonella(Basler et al.2016).They may also carry pathogens such as Streptobacillus
moniliformis(the cause of rate bite fever), LCMV and other disease risks(Basler et al,2016;Cartwright et
al.2016;Goupil et al,2012;"Notes from the Field: Infections with Salmonella,"2012;CDC Pet Food Safety,
2022; "Salmonella Typhimurium Infections,"2014).
Excreta
The waste produced by livestock and poultry can significantly contribute to the spread of diseases if not
managed properly. Animal waste, such as manure and feces, can harbor various pathogens including
bacteria, viruses, parasites, and fungi, which have the potential to infect both animals and humans.
Animals carrying human enteric pathogens can shed the organisms in feces while symptomatic and
asymptomatic(Keen et al. 2006).
Chapter 14 addresses waste produced by animals providing every owner, possessor, or harborer of
animals, fowl, and livestock, shall dispose of animal excreta at least weekly or more often as needed to
prevent a public health nuisance. Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. II, §14-109
Additionally, Chapter 14 requires that the owner, caretaker, harborer, or possessor of every animal be
responsible to immediately and properly dispose of excreta deposited by the animal on public walks,
recreation areas, public, or private property. Wichita Falls, Tex., Code of Ordinances Chapter 14, art. I,
§14-12 (2022). This includes assigning responsibility to the owner or their appropriate representative of
any multifamily living complex to enforce or remove waste deposited by any animal being
housed/harbored on such property. Id. It defines the rules for committing an offense for not upholding
the assigned responsibilities and ties excessive excreta to the nuisance regulations. Id.
11
PAGE 13 OF 30 PAGES
AGENDA ITEM NO. 8.D
Based on my training and experience as a health official,the presence of excreta on properties permitted
to have livestock and poultry increases the probability of potential disease and disease spread to owners
and neighbors. Dried or aerosolized particles from livestock waste can become airborne, carrying
pathogens with them.These pathogens can be inhaled by both animals and humans, potentially causing
respiratory diseases and infections. Further, accumulated waste serves as a breeding ground for flies,
mosquitoes, and other pests. These insects can carry disease-causing organisms on their bodies and
transmit them to both livestock and humans,increasing the risk of vector-borne diseases.
Death and Disposal
The proper disposal of livestock and fowl is a critical aspect of responsible animal management. When
animals are not disposed of in a timely fashion, the potential for vermin or insects to increase is
substantial. Moreover, based on my training and experience as a health official, animals that have died
due to disease or other health issues can harbor pathogens that may be harmful to humans. Improper
disposal methods,such as leaving carcasses exposed or allowing them to contaminate water sources,can
increase the risk of disease transmission. Further,contagious diseases can rapidly spread among animals
within a farm or even across different farms if infected carcasses are not properly disposed of. Carcasses
left exposed or disposed of inappropriately can contaminate soil,water,and air,leading to pollution and
ecological damage. The owner or operator of a property, farm,or facility is responsible for disposal in a
timely and sanitary manner.4 TAC Section 59.12 requires that animals that die from a disease recognized
as communicable by the veterinary profession must be disposed of within 24 hours by burial or burning.
Animals dying from anthrax or ornithosis must be killed,then burned on-site within 24 hours(TCEQ 2021).
Persons residing in traditional single-family homes within the corporate boundaries of Wichita Falls will
have significant challenges meeting these requirements.
Without oversight through the permitting process, tracking of such animals, to include where deceased
animals are buried would be impossible. Assurances regarding containment of disease would be lost.
Chapter 14 requires that for one to retain a permit for livestock or foul,owners are required to dispose of
deceased animals and livestock lawfully within 24 hours of discovery by or notification of the responsible
party.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. I, §14-09(2022).
The following sections cover some of the top concerns regarding the potential for the spread of disease
associated with agricultural operations:
E.coli
Cattle are asymptomatic carriers of E.coli 0157:H7,and are the primary reservoirs of the bacterium (Zhao
et al. 1995).Cattle shed bacteria in their feces sporadically(Bach et al.2002). E.coli populations can reach
10s colony-forming units (CFU)/g of feces and survive for weeks under natural conditions (Wang et al.
1996). A study published in the Journal of Medical Entomology, regarding the persistence of Escherichia
coli (E. coli) in the larval growth of the house fly and stable fly,documented the observations that house
fly larvae use E. coli as a food source for growth and maturation and survival (Rochon et al. 2004).
Additional serogroups of public health concern include 026 and 0103(Patterson et al. 2022).
Direct or indirect exposure to cattle are important potential sources of infection(Wilson et al.1997).Shiga
toxin-producing E. coli (STEC) infection can cause a variety of illnesses, including watery diarrhea,bloody
diarrhea and the hemolytic uremic syndrome, a potentially fatal condition involving acute renal failure
12
PAGE 14 OF 30 PAGES
AGENDA ITEM NO. 8.D
(Griffin & Tauxe 1991). Studies using spatial regression analysis demonstrated a strong association
between human STEC infection and cattle density(Valcour 2002). There are multiple causes for outbreaks
of STEC infection, to include direct contact with cattle (Renwick et al. 1993) and consumption of water
from shallow wells. Endemic STEC infection and exposure to agricultural environments has also been
found (Wilson et al. 1996). Past studies have also indicated goats and sheep as reservoirs for STEC(Parry
et al. 1998). Environmental exposures resulting in STEC was also studied using spatial association between
STEC 0157 human infections and exposure to livestock in the Netherlands over a nine-year period of time.
Authors of that study reported that human exposure to small ruminants was associated with an increase
of the incidence rate of human STEC 0157 infections (Mulder et al. 2020). STEC can spread to humans
directly through contact with livestock or via contaminated food,such as fresh produce,or water(Ongeng
et al. 2014; Doyle& Erickson 2006; Mughini-Gras et al. 2018). Foodborne outbreaks in the United States
can be caused by enteric pathogens,and STEC is one of the main types (CDC 2014&Conrad et al. 2016).
In a study of 16 farms across four regions of California,positive STEC samples were detected in all sampled
livestock species; testing included cattle, goats and swine. E. coli 0157:H7 was only found in cattle
(Patterson et al. 2022).
Salmonella
Healthy poultry can carry Salmonella,which can be transmitted to people via handling raw poultry as well
as contact with infected poultry and their environment(Basler et al. 2016;Gaffga et al. 2012; Loharikar et
al.2012). This is a public health concern as asymptomatic poultry can shed the bacteria in their droppings
and contaminate any surface where birds live and roam,to include their feathers, body and feet(Basler
et al. 2016). The number of reported outbreaks of Salmonella infections in adults and children has
increased as the popularity of backyard flock ownership has increased(Behravesh et al.2014). The highest
number of backyard poultry-associated outbreaks with Salmonella infections and outbreak-associated
illnesses in a one-year period on record for the United States was documented in 2020 through the
national laboratory network for enteric disease surveillance (Varela et al. 2022). Of the 1,722 outbreak-
associated Salmonella illnesses that were linked to contact with privately-owned poultry during 2020,
there were 12 Salmonella subtypes identified (Nichols et al. 2018).
Campylobacter
Healthy poultry can also carry Campylobacter bacteria in their intestinal tract and be asymptomatic. The
majority of human cases reported in the United States occur from eating raw or undercooked poultry or
coming in contact with surfaces that had raw or undercooked poultry(CDC 2021). Butchering poultry and
contact with contaminated eggs is the next most commonly associated cause. A study conducted on
Campylobacter infections in Minnesota residents during 2012-2106 who reported an animal agriculture
exposure prior to their illness found that,of the 934,54% had contact with poultry or their environment
(Klumb et al. 2020). People with Campylobacter infection usually have diarrhea (often bloody),fever,and
stomach cramps. Nausea and vomiting may accompany the diarrhea.These symptoms usually start 2 to
5 days after the person ingests Campylobacter and last about one week. Infections may cause
complications, such as irritable bowel syndrome,temporary paralysis, and arthritis. In people with
weakened immune systems, such as those with a blood disorders, with AIDS, or receiving
chemotherapy,Campylobacter occasionally spreads to the bloodstream and causes a life-threatening
infection (CDC 2023).
13
PAGE 15 OF 30 PAGES
AGENDA ITEM NO. 8.D
Cryptosporidium
One of the most common parasitic pathogens causing enteric disease in humans is the intracellular
protozoan parasite Cryptosporidium (Chalmers 2014); it is also documented in a broad range of animals
worldwide. The intracellular protozoan parasite is a leading cause of waterborne diarrhea) disease
outbreaks throughout the world. Transmission of the parasite occurs via the fecal-oral route by ingestion
of infective oocysts, which are highly stable in the environment and resistant to almost all conventional
disinfection methods and water treatments (Khan & Witola 2023). Contact with animals, manure or
contaminated water and food has been found to lead to infections in humans(Xiao et al. 2004). Infected
animals excrete the parasite; contamination of the environment serves as a source of infection for
susceptible human and animal hosts. Oocysts are highly stable in the environment and resistant to almost
all water treatments and conventional disinfection methods (Fayer et al. 2000). Also recognized as an
important foodborne pathogen, Cryptosporidium has been linked to more than 40 foodborne outbreaks
and more than 8 million cases of foodborne illnesses annually(Zahedia & Ryan 2020).
There are at least four main Cryptosporidium species that infect cattle (Lindsay et al. 2000; Santin et al.
2007, Fayer et al., 2005; Fayer et al., 2008), and are a significant cause of diarrhea in neonatal farm
ruminants,including calves(Khan&Witola 2023). Sheep and goats also carry this parasite,as well as pigs
(Zahedi &Ryan 2020).
There are limited treatment options available for Cryptosporidium infections due to limitations on genetic
tractability,absence of conventional drug targets,and unique intracellular location within the host(Khan
&Witola 2023).Additionally,there are no effective therapeutic drugs available for the treatment of these
infections in young children, immunodeficient patients and neonatal livestock.
Avian Influenza
The infection of birds with influenza type A viruses is referred to as avian influenza (Al);the natural hosts
for these viruses include many species of wild waterfowl and domestic water and land birds(Influenza in
Animals 2018).AlVs are classified as highly pathogenic or low pathogenic based on the ability of the virus
to cause disease in chickens in the laboratory and/or genetic markers of pathogenicity(Varela et al.2022).
Highly pathogenic avian influenza A (HPAI) and low pathogenic avian influenza A (LPAI) have been
reported in recent years in the United States. Poultry flocks can experience a range of illness,to include
death; flocks may also be asymptomatic. Infected birds have virus in their saliva,feces and mucous(CDC
2023).
A severe outbreak of infections with HPAI in 2014-2015 affected 211 commercial and 21 backyard flocks,
with a total of 50 million birds lost or eliminated to stop the spread of disease(Final report for the 2014-
2015 Outbreak of Highly Pathogenic Avian Influenza (HPAI) in the United States, 2016). The transmission
of AIV from birds to people can occur via direct contact with infected birds as well as indirect contact with
surfaces that have been contaminated with the virus(CDC 2023).AIV can also be transmitted through the
inhalation of virus in the air via droplets or dust(Avian Influenza A Virus Infections in Humans 2022). It is
imperative to monitor poultry for outbreaks to limit the possibility that AlVs could change through
reassortment or mutation and gain the ability to spread easily between people(Varela et al. 2022).
14
PAGE 16 OF 30 PAGES
AGENDA ITEM NO. 8.D
Virulent Newcastle Disease
Newcastle Disease is caused by avian paramyxovirus that can cause a range of illness in birds, including
asymptomatic presentation to 100% mortality, depending on the strain. While Newcastle rarely infects
people,symptoms include flu-like illness.Virulent Newcastle Disease(vND)is the most severe form of the
disease in poultry, with domestic poultry being particularly susceptible, with large outbreaks of vND
occurring periodically in commercial poultry. One outbreak in the western United States was primarily
associated with backyard exhibition chickens raised or smuggled illegally for fighting. Due to the
movement of exposed and infected birds,hundreds of premises have been affected,including homes with
backyard flocks in other states(USDA APHIS vND 2021).
Q Fever
An area studied in The Netherlands experienced an outbreak of Q fever between 2007-2010, resulting in
more than 4,000 cases. Studies of that outbreak linked infection through inhalation of air contaminated
with Coxiella burnetii, the bacterium causing Q fever, by aerosols and dust emitted from infected dairy
goat farms, and some sheep farms (Dijkstra 2012). Goats, sheep and cattle are the most frequently
implicated animal sources of human infection with Cburnetiid bacterium in the United States (Smith et
al. 2011). Cases of Q fever have been linked to viewing of animal births (Whelan et al. 2009) due to the
aerosolization during birthing and inhalation of aerosolized organisms can lead to infection in people
(JAVMA 2017). Symptoms in humans can range from an acute influenza-like illness to life-threatening
endocarditis, premature birth,stillbirth,and miscarriage in pregnant women (Anderson et al. 2013).
Vancomycin-Resistant Enterococcus spp. (VRE)
A substantial increase in the incidence of Vancomycin-resistant Enterococcus spp. (VRE) nosocomial
infections in intensive care units was noted in the late 90s (NNINS 1999). A bacterium that develops
resistance to treatment is of significant clinical and public health concern. Additional concerns focus on
VRE contamination of groundwater and recreational water(Harwood et al.2001).VRE that are intrinsically
resistant to low levels of vancomycin have been isolated from bird feces (Sellin 2000) as well as certain
types being isolated from chickens and farm lagoons (Coque 1996). The horizontal transmission of VRE
from animals to humans has been demonstrated in epidemiological studies in Europe(Bates 1997; Bates
et al. 1993;Stobberingh 1999).
Community-Acquired Pneumonia (CAP)&Other Respiratory Illness
A study of electronic health records of general practitioners in a livestock-dense area in The Netherlands
examined potential risk sources and disease outcomes in the population. An association between
proximity to goat farms and increased risk for pneumonia in data from 2009-2013 was found, with 5.4%
of community-acquired pneumonia (CAP) cases in the population being attributable to the proximity to
goat farms (Kalkowska et al. 2018). This study expanded upon prior studies that found associations
between CAP in humans and living close to poultry and goat farms(Maassen et al. 2016; Hagenaars et al.
2017). These findings are similar to a study of >90,000 patients in Denmark, where an increased
occurrence of pneumonia was found in individuals living within 1 kilometer of at least one poultry farm
(Smith et al. 2012). Data analysis regarding proximity to goat farms also indicated an association between
proximity and CAP(Fried) 2017).
15
PAGE 17 OF 30 PAGES
AGENDA ITEM NO. 8.D
In a study following approximately 4 million individuals residing in The Netherlands for respiratory
mortality, including respiratory system diseases, pneumonia and chronic lower respiratory diseases,
evidence was found that living within 2000 meters of pig farms was associated with respiratory mortality
(Simoes et al. 2022). Authors indicated limited availability of studies regarding physical, chemical, and
biological exposures leading to respiratory mortality and morbidity.
Danger Regarding Lack of Requirements,Specific to(G)an Identified Source of Contamination of Water
Supplies
The two primary concerns regarding the contamination of water supplies with agricultural operations are
from waste and pesticides.The runoff from agricultural land that has been treated with manure has the
potential to contaminate wells that supply water for human consumption and local surface water(Great
Lakes Commission 1996).
A scoping review of 151 articles published between 1988 and 2019 dealing with the assessment of
residential exposure to agricultural pesticides found that pesticide exposure appears to be largely
correlated with the spatial organization of agriculture activities in a territory (Teysseire et al. 2020). The
meta analysis reviewed epidemiological studies investigating possible links between the onset of adverse
health effects,such as cancer,and pesticide exposure. Pesticides are used to influence the life processes
of plants and conserve plant products by protecting crops against undesirable organisms or diseases
(European Parliament 2009). Application methods of pesticides differ and can affect the compound
mobility and persistence in the environment. Contamination of soils, water or air can occur. Pesticides
can also be transferred into ground water (Brown et al. 2008). Spray drift during application and
volatilization of pesticides after their applications are possible; dermal exposure or ingestion via food or
hand can occur (European Food Safety Authority 2014). Transference of chemical in carpets was also
identified as a good proxy for indirect residential long-term exposure(Deziel 2015). Numerous studies of
those reviewed indicated a significant association between an increased risk to adverse health effects and
residential exposure (Teysseire et al. 2020).
As previously documented,the presence of Cryptosporidium in a variety of animals is present in excreta.
This bacterium caused the largest documented drinking water outbreak in United States history, which
affected an estimated 403,000 people in Milwaukee, Wisconsin, and resulted in over $96 million in
combined healthcare costs and productivity losses(MacKenzie et al. 1994; Hoxie et al. 1997; Corso et al.
2003). The majority of the global protozoal water outbreaks that occurred from 2004 to 2010 have been
attributed to Cryptosporidium (Karanis 2018)and pose the biggest pathogen threat to the water industry
(Chalmers 2014).
The waste of livestock contains nitrogen in both inorganic and organic compounds (Sahoo et al. 2016).
Nitrate and nitrite are both converted from ammonia, which is produced from microbial action in the
decomposition of waste containing organic nitrogen (Sahoo et al. 2016). Nitrate is predominant in
decomposed waste (Lokesh 2013). Improper management of waste produced by livestock can pose
serious thread to groundwater. This can occur from surface water runoff, improper discharge, and
excessive land application of wastes(Sloan et al. 1999; Gerber et al. 2006).
Nitrate contamination of groundwater can cause adverse effects on human health via drinking water
(Sugimoto&Hirata 2006; Roy et al. 2007; Kim et al.2009;Wongsanit 2015).These harmful effects include
16
PAGE 18 OF 30 PAGES
AGENDA ITEM NO. 8.D
methemoglobinemia, hypertension, stomach cancer, thyroid disorder, cytogenetic defects and birth
defects (Horing 2004). Studies regarding a contamination of Walkerton, Ontario, Canada's municipal
water system with E. coli 0157:H7 and Campylobacter with manure runoff from a nearby farm that
entered via a shallow well (Bruce-Grey Owen Sound Health Unit 2000).
Sanitation, odor, and vector control concerns are addressed within Chapter 14. Whereby every owner,
possessor, or harborer of animals, fowl, and livestock, shall dispose of animal excreta at least weekly or
more often as needed to prevent a public health nuisance. (§14-109)
Additionally, Chapter 14 requires that the owner, caretaker, harborer, or possessor of every animal be
responsible to immediately and properly dispose of excreta deposited by the animal on public walks,
recreation areas, public, or private property. This includes assigning responsibility to the owner or their
appropriate representative of any multifamily living complex to enforce or remove waste deposited by
any animal being housed/harbored on such property. It defines the rules for committing and offense for
not upholding the assigned responsibilities and ties excessive excreta to the nuisance regulations (§14-
12)
Public Nuisance,as defined by Chapter 14
Public nuisance is defined in Chapter 14 as any action or condition that has the potential to affect the
health, safety,or welfare of the public, including any animal, fowl, or livestock that: repeatedly at-large
(two or more times in a 36-month period),defiles public property,chases or attacks other animals,"barks,
whines, howls, crows, or makes other noise in an excessive or continuous fashion." Wichita Falls, Tex.,
Code of Ordinances Chapter 14,art. IV, §14-298 (2022). The definition also includes the following: fecal
matter,garbage,or other organic wastes deposited,stored,discharged,or exposed in such a way as to be
a potential instrument or medium in disease transmission;a condition or place that is a breeding ground
for flies and/or rats; a place or condition harboring rats; a collection of water in which mosquitoes are
breeding;an object,place,or condition that is a potential medium of disease transmission to humans;any
animal, fowl, or livestock which damages, soils, defiles, urinates,or defecates on private property other
than the owners; a place or condition that has the potential to produce obnoxious or foul odors. Id.
In addition to the concerns previously detailed regarding ownership of livestock and poultry within the
city limits,there is a significant concern regarding noise disturbances. Individuals residing within city limits
generally have the expectation that their residential neighborhoods are free from unreasonable
disturbances to the peace. Allowing for additional livestock and poultry without regulation would disturb
the peace. Based on my training and experience as a health official,loud noises from livestock and poultry
can cause sleep disturbances.There are both psychological and physical effects of noise exposure. Over a
extended duration, noise can cause fatigue, irritability, and communication problems. Noise can cause
constriction of small arteries in the fingers,toes,skin,and abdominal organs.The heart pumps less blood
with every beat in noisy environments;subsequently,the natural resistance to disease can be weakened
(Oskam & Mitchell 2023).
This type of regulation is necessary and expected by the residents within the city limits. Allowing for
livestock and poultry will also allow for their noises,to include crowing, mooing, bellowing,snorting and
bleating. Staff would be unable to enforce the noise component of Chapter 14 relating to livestock and
poultry.An excessive number of these types of animals has the potential to create noise pollution. Limited
information could be found regarding agricultural operations within a city and the noise produced from
17
PAGE 19 OF 30 PAGES
AGENDA ITEM NO. 8.D
livestock and poultry. It is well documented that noise-induced hearing loss (NIHL) is a common and
preventable injury for farmers. Farmers rank among the top three occupations and industries with the
highest risk for hearing loss (Ehlers&Graydon 2011).
Care of Animals
There are current requirements in Chapter 14 specific to the care of animals. Wichita Falls,Tex.,Code of
Ordinances Chapter 14,art.VI, §14-452 (2022).These include rules specific to owners providing animals
sufficient, good, and wholesome food and water; adequate shelter, shade, and protection from the
weather; adequate space; humane care and treatment; and reasonable veterinary care as needed to
prevent suffering. Id. Shelter includes construction for animals to remain dry and protected from the
elements. Id. Specific to livestock, they must be provided access to shelter to allow them to remain dry
during rain and snow and protected from severe weather. Id.The shelter must have three solid sides and
a roof and be structurally sound and in good repair to protect the livestock from injury. Id. Such a shelter
will provide a minimum amount of space sufficient to accommodate all livestock confined within the
shelter, as provided in section 14-198(e). Either natural or artificial shade shall be provided to protect
livestock from direct sunlight.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art.VI, §14-452(2022).
If shade is provided by the enclosure,allowance shall be made for adequate ventilation.A suitable method
shall be provided to eliminate excess water from the shelter area.
It is also unlawful to keep livestock on a chain or rope that is placed in a manner that makes it possible for
the animal to become entangled with the restraints of other animals or livestock or with any other objects
(14-452).This helps ensure the safety and well-being of livestock and other animals.
While these types of restrictions are specific to the care and keeping of animals, and the focus of H.B.
1750 is on people, based on my training and experience, removing restrictions has the potential to also
affect the owners,neighbors,and others.Without limitations regarding space and setbacks,the care and
keeping of animals becomes more important and of greater concern.
Summary
It is imperative that the current restrictions regarding livestock and poultry be maintained within the city
limits, based on the above stated issues. While agricultural operations within the state of Texas are
important and necessary entities to sustain people and the economy,additional regulations for our local
jurisdiction ensure the protection of health and safety.
With the goal of mitigating the potential negative impacts of small-scale animal husbandry, our local
municipal code provides regulation specific to all animals,including livestock and poultry. In a study of 22
municipalities across the nation that had revised ordinances and/or zoning codes to allow for urban
livestock, 20 chose to utilize a permitting process; the two cities that did not use a permit did have
requirements to be met upon inspection. Most ordinances included requirements specific to setback,
enclosures and the disposal of waste (Butler 2012). These are the same type of regulations currently
required in Chapter 14 to protect the health and safety of the public.
Again, this is a preliminary report; further review and discussion regarding state and federal law are
warranted. These recommendations can be reviewed again upon the issuance of the report to be
completed by Texas A&M Agrilife, per H.B. 1750.
18
PAGE 20 OF 30 PAGES
AGENDA ITEM NO. 8.D
Amy Fagan
Director of Health
44.0
Dr. Robert McBroom
Local Health Authority
Wichita Falls—Wichita County Public Health District Medical Director
19
PAGE 21 OF 30 PAGES
AGENDA ITEM NO. 8.D
References
Allen, T. et al. (2017). `Global Hotspots and Correlates of Emerging Zoonotic Diseases', Nature
Communications,8: 1124.
Anderson, A., Bijlmer, H., Fournier, P.E., et al. (2013). Diagnosis and management of Q fever-United
States, 2013: recommendations from CDC and the Q Fever Working Group. MMWR Recomm Rep. 62:1-
30.
Animal Contact Outbreak Surveillance System (ACOSS). CDC. (2020). Available from:
https://www.cdc.gov/acoss [Last accessed: 7/20/2023].
Avian Influenza A Virus Infections in Humans. Avian Influenza (Flu). (2022). Available from:
https://www.cdc.gov/flu/avia nflu/avia n-in-hu ma ns.htm?web=1&wd LOR=c4E3671 B3-130C-
43E7-93C0-0A121988B077[Last accessed: 7/23/2023].
AVMA Pet Ownership and Demographics Sourcebook. American Veterinary Medical Association. (2017).
Available from: https://www.avma.org/resources-tools/reports-statistics [Last accessed: 7/19/2023].
Bach, S.J., McAllister,T.A.,Viera, D.M.,Gannon,V.P.J.,and Holley, R.A. (2002).Transmission and control
of Escherichia coli 0157:H7-a review. Canadian Journal of Animal Science. 82:475-490.
Basler, C., Nguyen, T.-A., Anderson, T.C., et al. (2016). Outbreaks of human salmonella infections
associated with live poultry, United States, 1990-2014. Emerging Infectious Diseases. 22(10):1705;
doi:10.3201/E I D2210.150765
Bates,J. (1997). Epidemiology of vancomycin-resistant enterococci in the community and the relevance
of farm animals to human infection.J. Hosp. Infect. 37:89-101.
Bates, J., Jordens, Z., and Selkon, J. B. (1993). Evidence for an animal origin of vancomycin-resistant
enterococci. Lancet 342:490-491.
Behravesh, C., Brinson, D., Hopkins, B., et al. (2014). Backyard poultry flocks and Salmonellosis: A
recurring, yet preventable public health challenge. Clinical Infectious Diseases.58(10):1432-1438; doi:
10.1093/CI D/CIU067
Brown, C., Alix, A., Alonso-Prados, J.-L., and Auteri, D. (2008). The Final Report of the FOCUS Working
Group on Landscape and Mitigation Factors in Ecological Risk Assessment.Vol.1: Extended Summary and
Recommendation. [Internet]. https://esdac.jrc.ec.europa.eu/public_path/projects_data/focus/
Im/docs/FOCUS_LM_Volume_1 v2_0.pdf[Last accessed: 7/28/23].
Bruce-Grey Owen Sound Health Unit. (2000). The investigation report of the Walkerton outbreak of
waterborne gastroenteritis May-June. Owen Sound, Ontario:The Unit; 2000.
Butler, W. H. (2012). Welcoming Animals Back to the City: Navigating the Tensions of Urban Livestock
Through Municipal Ordinances.Journal of Agriculture,Food Systems, and Community Development,2(2),
193-215. https://doi.org/10.5304/jafscd.2012.022.003 [Last accessed: 7/24/23].
20
PAGE 22 OF 30 PAGES
AGENDA ITEM NO. 8.D
Cartwright, E.J., Nguyen, T., Melluso, C., et al. (2016). A multistate investigation of antibiotic-resistant
salmonella enterica serotype 14,[5],12:l: Infections as part of an international outbreak associated with
frozen feeder rodents. Zoonoses Public Health. 63(1):62-71;doi: 10.1111/ZPH.12205.
Centers for Disease Control and Prevention (CDC). (2021). Campylobacter and Pets. Campylobacter.
Available from: https://www.cdc.gov/campylobacter/pets.html [Last accessed: 7/21/2023].
Centers for Disease Control and Prevention (CDC) (2018). Hatcheries Work with CDC to Teach Customers
How to Prevent Human Salmonella Infections from Backyard Flocks.What We Do. NCEZID.Available from:
https://www.cdc.gov/ncezid/what-we-do/partnership-in-action/prevent-salmonella-flocks.html [Last
accessed: 7/26/2023].
Centers for Disease Control and Prevention (CDC). (2010). Multistate outbreak of human Salmonella
Typhimurium infections associated with aquatic frogs—United States, 2009. MMWR Morbidity and
Mortality Weekly Report. 58:1433-1436.
Centers for Disease Control and Prevention (CDC), National Center for Emerging and Zoonotic Infectious
Diseases (NCEZID) , Division of Foodborne, Waterborne, and Environmental Diseases (DFWED).
https://www.cdc.gov/campylobacter/symptoms.html [Last accessed: 7/26/2023].
Centers for Disease Control and Prevention (CDC). (2022). Pet Food Safety. Healthy Pets, Healthy People.
Available from: https://www.cdc.gov/healthypets/keeping-pets-and-people-healthy/pet-food-
safety.html [Last accessed: 7/20/2022].
Centers for Disease Control and Prevention (CDC). (2014). Salmonella Typhimurium Infections Linked to
Frozen Feeder Rodents. June, 2014. Available from: https://www.cdc.gov/salmonella/typhimurium-
rodents-05-14/index.html [Last accessed:8/24/2021].
Centers for Disease Control and Prevention (2014).Surveillance for foodborne disease outbreaks, United
States, 2012. Annual Report. Atlanta, Georgia: US Department of Health and Human Services, CDC.
Available at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.cdc.gov/foodsafety/
pdfs/foodborne-disease-outbreaks-annual-report-2012-508c.pdf[Accessed 7/24/23].
Centers for Disease Control and Prevention (CDC), US Department of Health and Human Services. How
Infected Backyard Poultry Could Spread Bird Flu to People. www.cdc.gov/flu/avianflu. [Last accessed
07/26/23].
Chalmers,R. M. (2014). "Cryptosporidium,"in Microbiology of waterborne diseases. Eds.S. L. Percival, M.
V.Yates, D.W. Williams, R. M. Chalmers and N. F.Gray(Elsevier Ltd), 287-326.
Conrad, C. et al. (2016). Shiga toxin-producing Escherichia coli and current trends in diagnostics. Animal
Frontiers 6,37-43.
Coque,T. M.,J. F. Tomayko, S. C. Ricke, P. C. Okhyusen, and B. E. Murray. (1996). Vancomycin-resistant
enterococci from nosocomial, community, and animal sources in the United States. Antimicrob. Agents
Chemotherapy. 40:2605-2609.
Corso, P. S., Kramer, M. H., Blair, K.A.,Addiss, D.G., Davis,J. P.,and Haddix,A.C. (2003).Cost of illness in
the 1993 waterborne Cryptosporidium outbreak, Milwaukee, Wisconsin. Emerg. Infect. Dis. 9 (4), 426-
431.doi: 10.3201/eid0904.020417
21
PAGE 23 OF 30 PAGES
AGENDA ITEM NO. 8.D
Daly RF, House J, Stanek D, et al. (2017). Compendium of measures to prevent disease associated with
animals in public settings. Journal of the American Veterinary Medical Association 2017a;251(11):1268-
1292;doi: 10.2460/JAVMA.251.11.1268
Deziel, N.C.,Colt,J.S., Kent, E.E.,Gunier, R.B., Reynolds, P., Booth, B.,et al. (2015). Associations between
self-reported pest treatments and pesticide concentrations in carpet dust. Environmental Health:A Global
Access Science Source [Internet]. 14(1). Available from:
https://www.scopus.com/inwa rd/record.uri?eid=2-s2.0-84925858891&doi=10.1186%2 Fs12940-015-
0015-x&partnerl D=40&md5=34bb381c2db8594b26c0aa 9 b44797e87
Dijkstra, F., Van der Hoek, W., Wijers, N., Schimmer, B., Rietveld, A., Wijkmans, C.J., et al. (2012). The
2007±2010 Qfever epidemic in The Netherlands:characteristics of notified acute Qfever patients and the
association with dairy goat farming. FEMS Immunol Med Microbiol; 64(1): p. 3±12.
Dobigny, G.; Morand, S. (2022). Zoonotic emergence at the animal-environment-human interface: the
forgotten urban socio-ecosystems. Peer Community Journal, Volume 2, article no. e79. doi :
10.24072/pcjourna 1.206.
Doyle, M.P. and Erickson, M.C. (2006). Reducing the carriage of foodborne pathogens in livestock and
poultry. Poultry Science 85,960-973.
Durso, L.M., Reynolds, K., Bauer, N. Jr., et al. (2005). Shiga-toxigenic Escherichia coli 0157:H7 infections
among livestock exhibitors and visitors at a Texas county fair. Vector Borne Zoonotic Diseases. 5:193-201.
Ehlers,J.J., and Graydon, P.S. (2011). Noise-induced hearing loss in agriculture: creating partnerships to
overcome barriers and educate the community on prevention. Noise Health. Mar-Apr;13(51):142-6. doi:
10.4103/1463-1741.77218. PM ID: 21368439.
European Food Safety Authority (EFSA). (2014) Guidance on the assessment of exposure of operators,
workers,residents and bystanders in risk assessment for plant protection products. EFSA J[Internet].2014
Oct 1 [cited 2019 Jun 28]; 12(10):3874. Available from: http://doi.wiley.com/10.2903/j.efsa.2014.3874
[Last accessed 07/27/23].
European Parliament. (2009). Regulation (EC) No 1107/2009 of the European Parliament and of the
Council of 21 October 2009 concerning the placing of plant protection products on the market and
repealing Council Directives 79/117/EEC and 91/414.
Fayer, R., Morgan, U., and Upton,S.J. (2000). Epidemiology of Cryptosporidium: transmission,detection
and identification. Int.J. Parasitol. 30(12-13),1305-1322. doi: 10.1016/s0020-7519(00)00135-1.
Fayer, R., Santin, M., and Trout, J. M. (2008). Cryptosporidium ryanae n. sp. (Apicomplexa:
Cryptosporidiidae) in cattle (Bos taurus). Vet. Parasitol. 156 (3-4), 191-198. doi:
10.1016/j.ve t p a r.2008.05.024
Fayer, R., Santin, M., and Xiao, L. (2005). Cryptosporidium bovis n. sp. (Apicomplexa: Cryptosporidiidae)
in cattle(Bos taurus).J. Parasitol. 91(3), 624-629.doi: 10.1645/GE-3435.
Final Report for the 2014-2015 Outbreak of Highly Pathogenic Avian Influenza (HPAI) in the United States
Public Version. (2016). United States Department of Agriculture. Available from:
22
PAGE 24 OF 30 PAGES
AGENDA ITEM NO. 8.D
https://www.aphis.usda.gov/animal_health/emergency_management/downloads/hpai/2015-hpai-final-
report.pdf[Last accessed: 7/21/2023].
Freidl, G.S., Spruijt, I.T., BorleAe, F., Smit, L.A.M., van Gageldonk-Lafeber, A.B., Heederik, D.J.J., et al.,
(2017). Livestock associated risk factors for pneumonia in an area of intensive animal farming in the
Netherlands. PLoS ONE. 12(3): e0174796. https://doi.org/10.1371/journal.pone.0174796 PMID:
28362816.
Friedman, C.R., Torigian, C., Shillam, P.J., et al. (1998). An outbreak of salmonellosis among children
attending a reptile exhibit at a zoo.Journal of Pediatrics. 132:802-807.
Gaffga, N.H., Behravesh,C.B., Ettestad, P.J.,et al. (2012). Outbreak of Salmonellosis linked to live poultry
from a mail-order hatchery. New England Journal of Medicine. 366(22):2065-2073; doi:
10.1056/N EJ M OA1111818.
Gerber, P., Menzi, H. (2006). Nitrogen losses from intensive livestock farming systems in Southeast Asia:
a review of current trends and mitigation options. Volume 1293, Pages 253-261.
Ghai, R.R., Carpenter, A., Liew, A.Y., et al. (2021). Animal reservoirs and hosts for emerging
a 1phacoronaviruses and betacoronaviruses. Emerging Infectious Diseases. 27(4):1015-1022; doi:
10.3201/EID2704.203945
Goupil, B.A.,Trent, A.M., Bender,J.,et al. (2012). A longitudinal study of salmonella from snakes used in
a public outreach program. Journal of Zoological Wildlife Medicine. 43(4):836-841; doi: 10.1638/2011-
0281R1.1
Great Lakes Commission.(1996).An agricultural profile of the Great Lakes basin:characteristics and trends
in production,land-use and environmental impacts.Ann Arbor, MI: The Commission.
Griffin, P.M. & Tauxe, R.V. (1991). The epidemiology of infection caused by E. colie 0157:H7, other
enterohemorrhagic E.coli,and the associated hemolytic uremic syndrome. Epidemiol Rev. 13: 60-97.
Habing, G.G., Kessler,S.E., Mollenkopf, D.F.,et al. (2015). Distribution and diversity of Salmonella strains
in shipments of hatchling poultry, United States, 2013. Zoonoses Public Health. 62(5):375-380.
doi:10.1111/ZPH.12157.
Hagenaars, T., Hoeksma, P., De Roda Husman, A.M., Swart, A., Wouters, I. (2017). Veehouderij en
Gezondheid Omwonenden (aa nvullende studies)±Analyse van gezondheidseffecten, risicofactoren en
uitstoot vanbio-aerosolen, Bilthoven.
Hale,C.R.,Scallan, E.,Cronquist,A.B.,et al.(2012). Estimates of enteric illness attributable to contact with
animals and their environments in the United States.Clinical Infectious Diseases. 54(suppl_5):5472-5479;
doi: 10.1093/CI D/CI5051.
Harwood, V.J., Brownell, M., Perusek, W. and Whitlock,J.E. (2001). Vancomycin-Resistant Enterococcus
spp. Isolated from Wastewater and Chicken Feces in the United States. Applied and Environmental
Microbiology;Vol. 67, No. 10; p 4930-4933.
Hiring,H.,Chapman,D.(2004). Nitrates and nitrites in drinking water,World Health Organization Drinking
Water Series. London: IWA Publishing.
23
PAGE 25 OF 30 PAGES
AGENDA ITEM NO. 8.D
Hoxie, N.J., Davis,J.P.,Vergeront,J.M., Nashold, R.D.,and Blair, K.A. (1997). Cryptosporidiosis-associated
mortality following a massive waterborne outbreak in Milwaukee,Wisconsin.Am.J. Public Health 87(12),
2032-2035. doi: 10.2105/ajph.87.12.2032.
Influenza in Animals. Seasonal Influenza (Flu). (2018). CDC. Available from:
https://www.cdc.gov/flu/other/index.htm I?web=1&wd LOR=cB52 DFC13-E1D2-44F7-8422-
60BOEF365FE3 [Last accessed: 7/22/2023].
Insurance Institute for Highway Safety (IIHS) (2021), Highway Loss Data Institute, Fatality Facts 2021.
https://www.iihs.org/topics/fatality-statistics/detail/collisions-with-fixed-objects-and-animals [Last
accessed:07/23/23]
Jani,C., Kakoullis, L.,Abdallah, N., Mouchati,C., Page,S.,Colgrove, R.,Chen, L.H. (2022). West Nile virus:
another emerging arboviral risk for travelers? Current Infectious Disease Reports. 24(10):117-128. doi:
10.1007/s11908-022-00783-4. Epub 2022 Aug 4. PMID: 35965880; PMCID: PMC9362398.
Kalkowska, D.A., Boender, G.J., Smit, L.A.M., Baliatsas, C., Yzermans, J., Heederik, D.J.J, et al. (2018)
Associations between pneumonia and residential distance to livestock farms over a five-year period in a
large population-based study. PLoS ONE 13(7):e0200813. https://doi.org/10.1371/journal.pone.0200813
[Last accessed:07/22/23].
Karanis, P. (2018). "Cryptosporidium: Waterborne and foodborne transmission and worldwide
outbreaks," in Recent advances in environmental science from the Euro-Mediterranean and surrounding
regions(Cham:Cham:Springer),41-44.
Kaufman, P., Weeks, E. (2015). University of Florida Entomology and Nematology Department Featured
Creatures Publication. Publication No EENY-642.
Keen,J.E., Elder, R.O. (2002). Isolation of Shiga-toxigenic Escherichia coli 0157 from hide surfaces and the
oral cavity of finished beef feedlot cattle. Journal of the American Veterinary Medical Association.
220:756-763.
Keen,J.E., Wittum,T.E., Dunn,J.R., et al. (2006). Shiga-toxigenic Escherichia coil 0157 in agricultural fair
livestock, United States. Emerging Infectious Diseases. 12:780-786.
Khan,S.M.,Witola,W.H. (2023). Past, current, and potential treatments for cryptosporidiosis in humans
and farm animals: A comprehensive review. Front Cell Infectious Microbiology. 2023 Jan 24;13:1115522.
doi: 10.3389/fcimb.2023.1115522. PM ID: 36761902; PMCID: PMC9902888.
Kim, K., Yun, S., Choi, B., Chae, G., Joo, Y., Kim, K. (2009). Hydrochemical and multivariate statistical
interpretations of spatial controls of nitrate concentrations in a shallow alluvial aquifer around oxbow
lakes(Osong area,central Korea).Journal of Containment Hydrology. 107:114-27.
Klumb,C.A.,Scheftel,J.M.,Smith, K.E. (2020). Animal agriculture exposures among Minnesota residents
with zoonotic enteric infections. Epidemiology&Infection. 148:1-11;doi: 10.1017/S0950268819002309.
Lindsay, D.S., Upton, S.J., Owens, D.S., Morgan, U.M., Mead, J.R., and Blagburn, B.L. (2000).
Cryptosporidium andersoni n. sp. (Apicomplexa: Cryptosporiidae) from cattle, Bos taurus. J. Eukaryot
Microbiol. 47(1),91-95.doi: 10.1111/j.1550-7408.2000.tb00016.x.
24
PAGE 26 OF 30 PAGES
AGENDA ITEM NO. 8.D
LeJeune,J.T., Davis, M.A. (2004). Outbreaks of zoonotic enteric disease associated with animal exhibits.
Journal of the American Veterinary Medical Association 224:1440-1445.
Loharikar, A., Briere, E., Schwensohn, C., et al. (2009). Four multistate outbreaks of human salmonella
infections associated with live poultry contact, United States. Zoonoses Public Health 2012;59(5):347-
354;doi: 10.1111/J.1863-2378.2012.01461.X.
Lokesh, L.A. (2013). Study of nitrate contamination in groundwater of Delhi, India. Asian J Water
Environmental Pollution.91-4.
Maassen, K.,Smit, L.,Wouters, I.,Van Duijkeren, E.,Janse, I., Hagenaars,T.,et al. (2016). Veehouderij en
gezondheid omwonenden, Bilthoven.
MacKenzie, W.R., Hoxie, N.J., Proctor, M.E., Gradus, M.S., Blair, K.A., Peterson, D.E., et al. (1994). A
massive outbreak in Milwaukee of cryptosporidium infection transmitted through the public water supply.
New England Journal of Medicine. 331(3), 161-167. doi: 10.1056/NEJM199407213310304.
Mughini-Gras, L.et al. (2018). Attribution of human infections with Shiga toxin-producing Escherichia coli
(STEC)to livestock sources and identification of source-specific risk factors,The Netherlands(2010-2014).
Zoonoses and Public Health 65,e8-22.
Mulder,A.C.,Van de Kassteele,J., Heederik,D.,Pijnacker,R., Mughini - Gras,L.,&Franz, E. (2020).Spatial
effects of livestock farming on human infections with shiga toxin - producing escherichia coli o157 in small
but densely populated regions:the case of the Netherlands. GeoHealth,4,e2020GH000276.
National Nosocomial Infections Surveillance System (NNISS). (1999). National Nosocomial Infections
Surveillance(NNIS)System report,data summary from January 1990—May 1999, issued June 1999. Am.J.
Infect.Control 27:520-532.
National Outbreak Reporting System (NORS). (2019). CDC. Available from:
https://www.cdc.gov/nors/index.html [Last accessed:8/19/2021].
Nichols, M., Stevenson, L., Whitlock, L., et al. (2018). Preventing human salmonella infections resulting
from live poultry contact through interventions at retail stores.Journal of Agricultural Safety and Health.
24(3):155-166; doi: 10.13031/jash.12756.
Notes from the Field: Infections with Salmonella (2012). 14,[5],12:l: Linked to Exposure to Feeder
Rodents—United States, August 2011—February 2012. MMWR. Available from:
https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6115a6.htm [Last accessed: 7/24/2023].
Oskam,J., Mitchell,J. (2023). Noise Exposure and Agriculture. Oklahoma Cooperative Extension Service;
Division of Agricultural Sciences and Natural Resources; Oklahoma State University. F-1722.
https://nasdonline.org/926/d000770/noise-exposure-and-agriculture.html [accessed 07/26/23].
Ongeng, D. et al. (2014). Modeling the fate of Escherichia coli 0157:H7 and Salmonella enterica in the
agricultural environment:current perspective.Journal of Food Science 79, R421—R427.
Patterson, L., Navarro-Gonzalez, N.,Jay-Russell, M.T., Aminabadi, P., Pires, A.F.A. (2022). Risk factors of
Shiga toxin-producing Escherichia coil in livestock raised on diversified small-scale farms in California.
25
PAGE 27 OF 30 PAGES
AGENDA ITEM NO. 8.D
Epidemiological Infections. 150:e125. doi: 10.1017/S0950268822001005. PMID: 35641482; PMCID:
PMC9274804.
Parry, S.M., Salmon, R.L., Willshaw, G.A., Cheasty, T. (1998). Risk factors for and prevention of sporadic
infections with verocytotoxin (shiga toxin) producing Escherichia coli 0157. Lancet. 351:1019-22.
Public Veterinary Medicine.(2017).Compendium of Measures to Prevent Disease Associated with Animals
in Public Settings.Journal of the American Veterinary Medical Association(JAVMA).Vol 251. No.11.1268-
1292.
Renwick, S.A., Wilson, J.B., Clarke, R.C., Lior, H., Borczyk, A.A., Spika,J., et al. (1993). Evidence of direct
transmission of Escherichia coli 0157:H7 infection between calves and a human. Journal of Infectious
Diseases. 168:792-3.
Rochlin, I.,Faraji,A., Healy,K.,Andreadis,T.G.(2019).West Nile Virus Mosquito Vectors in North America.
Journal of Medical Entomology. 56(6):1475-90.
Rochon, K., Lysyk,T.J. & Selinger, L.B. (2004). Persistence of Escherichia coil in Immature House Fly and
Stable Fly(Diptera: Muscidae) in Relation to Larval Growth and Survival.Journal of Medical Entomology.
41(6): 1082-1089.
Roy,S.,Speed,C., Bennie,J.,Swift, R.,Wallace, P. (2016). Identifying the significant factors that influence
temporal and spatial trends in nitrate concentrations in the Dorset and Hampshire Basin Chalk 186 Curr
Pollution Rep. 2:178-187 aquifer of Southern England. Quarterly Journal of Engineering Geology and
H yd rogeo l ogy. 2007;40: 377-92.
Sahoo, P. K., Kim, K.,&Powell, M. A. (2016). Managing groundwater nitrate contamination from livestock
farms: implication for nitrate management guidelines. Current Pollution Reports,2, 178-187.
Santiago-Alarcon, D., MacGregor-Fors, I. (2020). Cities and pandemics: urban areas are ground zero for
the transmission of emerging human infectious diseases,Journal of Urban Ecology, Volume 6, Issue 1,
juaa 012.
Santin, M.,Trout,J. M. (2007). "Livestock,"in Cryptosporidium and cryptosporidiosis. Eds. R. Fayer and L.
Xiao(Boca Raton, FL:CRC Press),451-484.
Sayers, G.M., Dillon, M.C., Connolly, E., et al. (1996). Cryptosporidiosis in children who visited an open
farm. Communicable Disease Report CDR Rev. 6:R140-R144.
Sellin, M., Palmgren, H., Broman, T., Bergstrom, S., and Olsen, B. (2000). Involving ornithologists in the
surveillance of vancomycin-resistant enterococci. Emerging Infectious Disease 6:87-88.
Simoes, M., Janssen, N., Dick,J.J., et al. (2022). Residential proximity to livestock animals and mortality
from respiratory diseases in The Netherlands: A prospective census-based cohort study. 161:40.
Environment International. https://doi.org/10.1016/j.envint.2022.107140 [Last accessed 07/26/23].
Sloan,A.J.,Giliam,J.W., Parsons,J.E., Mikkelsen, R.L., Riley, R.C. (1999).Groundwater nitrate depletion in
swine lagoon effluent-irrigated pasture and adjacent riparian zone. Journal of Soil and Water
Conservation. 54:651-6.
26
PAGE 28 OF 30 PAGES
AGENDA ITEM NO. 8.D
Smit, L.A.M.,Van der Sman-de Beer, F., Opstal-van Winden,A.W., Hooiveld, M., Beekhuizen,J.,Wouters,
I.M., et al. (2012). Q Fever and pneumonia in an area with a high livestock density: a large population-
based study. PLoS ONE, 2012; 7: e38843.
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0038843 [Last accessed:07/26/23].
Smith, K.A.,Campbell,C.T., Murphy,J.,et al. (2011). Compendium of measures to control Chlamydophila
psittaci infection among humans (psittacosis) and pet birds (avian chlamydiosis), 2010 National
Association of State Public Health Veterinarians(NASPHV).Journal of Exotic Pet Medicine 20:32-45.
Smith, K.M.,Smith, K.F., D'Auria J.P. (2012). Exotic pets: Health and safety issues for children and parents.
Journal of Pediatric Health Care. 26(2):e2-e6; doi: 10.1016/J.PEDHC.2011.11.009.
Stobberingh, E.,Van den Bogaard,A., London, N., Driessen,C.,Top,J.,and Willems, R. (1999). Enterococci
with glycopeptide resistance in turkeys, turkey farmers, turkey slaughterers, and (sub)urban residents in
the south of The Netherlands: evidence for transmission of vancomycin resistance from animals to
humans? Antimicrobial Agents Chemotherapy. 43:2215-2221.
Sugimoto,Y., Hirata, M. (2006). Nitrate concentration of groundwater and its association with livestock
farming in Miyakonojo Basin,southern Kyushu,Japan. Japanese Society of Grassland Science. 52:29-36.
Swiger, S.L. (2012). Texas A&M AgriLife Extension. Assistant Professor and Extension Entomologist.
Managing External Parasites of Texas Cattle. E-570. 8/2012.
Texas Commission on Environmental Quality (TCEQ). (2021). Disposal of Livestock Carcasses. RG-419.
Revised 09/2021. Available from: chrome-extension://efaidnbm nnnibpcajpcglclefindm kaj/https://
www.tceq.texas.gov/downloads/publications/rg/disposaI-of-livestock-carcasses-rg-419.pdf. [Last
Accessed 07/26/23].
Texas Department of State Health Services(DSHS). (2023).Arbovirus Mosquito Report.Sample#3498985
(AVA2302139). Collection date:06/27/23. Report date:06/29/23.
Teysseire, R., Manangama, G., Baldi, I., Cartes, C., Brochard, P., Bedos, C., et al. (2020). Assessment of
residential exposures to agricultural pesticides: A scoping review. PLoS ONE 15(4): e0232258.
https://doi.org/10.1371/journal.pone.0232258 [Last accessed:07/24/23].
United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS)
Virulent Newcastle Disease (VND). (2021). Available from:
https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/virulent-
newcastle/vnd [Last accessed: 7/27/2023].
Valcour, J.E., Michel, P., McEwen, S, and Wilson, J. (2002). Associations between indicators of livestock
farming intensity and incidence of human shiga toxin-producing Escherichia coli infection. Emerging
Infectious Diseases.Vol.8, No. 3. March.
Varela, K., Brown, J.A., Lipton, B., et al. (2022). A Review of Zoonotic Disease Threats to Pet Owners: A
Compendium of Measures to Prevent Zoonotic Diseases Associated with Non-Traditional Pets Such as
Rodents and Other Small Mammals, Reptiles,Amphibians, Backyard Poultry,and Other Selected Animals.
Vector-Borne and Zoonotic Diseases. Volume 22, Number 6.
27
PAGE 29 OF 30 PAGES
AGENDA ITEM NO. 8.D
Varma, J.K., Greene, K.D., Reller, M.E., et al. (2003). An outbreak of Escherichia coli 0157 infection
following exposure to a contaminated building.Journal of the American Medical Association. 290:2709-
2712.
Wang, G., Zhao, T., Doyle, M.P. (1996). Fate of enterohemorrhagic Escherichia coli 0157:H7 in bovine
feces. Applied and Environmental Microbiology. 62: 2567-2570.
Whelan,J.,Schimmer, B., De Bruin,A.,et al. (2012). Visits on 'lamb-viewing days'at a sheep farm open to
the public was a risk factor for Q fever in 2009. Epidemiological Infections. 140:858-864.
Wilson,J.B.,Johnson R.P.,Clarke R.C., Rahn K., Renwick S.A.,Alves D.,et al. (1997).Canadian perspectives
on verocytotoxin-producing Escherichia coli infection.Journal of Food Protection. 60:1451-3.
Wilson, J.B.., Clarke, R.C., Renwick, S.A., Rahn, K., Johnson, R.P., Karmali, M.A., et al. (1996).
Verocytotoxigenic Escherichia coli infection in dairy farm families. Journal of Infectious Diseases.
174:1021-7.
Wongsanit, J., Teartisup, P., Kerdsueb, P., Tharnpoophasiam, P., & Worakhunpiset, S. (2015).
Contamination of nitrate in groundwater and its potential human health:a case study of lower Mae Klong
river basin,Thailand.Environmental science and pollution research international,22(15), 11504-11512.
https://doi.org/10.1007/s11356-015-4347-4[Last accessed:07/20/23].
Xiao, L., Fayer, R., Ryan, U., and Upton, S. J. (2004). Cryptosporidium taxonomy: recent advances and
implications for public health.Clin. Microbiol. Rev. 17(1), 72-97.doi: 10.1128/CMR.17.1.72-97.2004
Zahedi, A., and Ryan, U. (2020). Cryptosporidium - an update with an emphasis on foodborne and
waterborne transmission. Res. Vet.Sci. 132, 500-512. doi: 10.1016/j.rvsc.2020.08.002.
Zhao,T., Doyle, M.P., Shere,J., and Garber, L. (1995). Prevalence of Escherichia coli 0157:H7 in a survey
of dairy herds.Applied and Environmental Microbiology. 61:1290-1293.
28
PAGE 30 OF 30 PAGES
AGENDA ITEM NO. 8.D
CITY COUNCIL AGENDA
August 15, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to Execute a Raw Water
Purchase contract with Oklaunion Power Station LLC.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVES: Complete Public Improvements Projects
COMMENTARY: On January 1 , 1977, the City and the Wichita County Water
Improvement District#2 (District)entered into a raw water purchase agreement with West
Texas Utilities to provide up to 20,000 acre-feet of water per year of cooling water for the
power plant to be constructed in Oklaunion. The raw water is supplied through the Lake
Kemp/Diversion system. Since 1977 ownership of the power plant site has changed
several times, with the last sale of the property being to Oklaunion Power Station LLC
(OPS). The power plant has been off-line since early 2020 and remains off-line today.
While OPS investigates to financial feasibility of converting the existing coal fired power
plant to a cleaner gas fired power plant, they have entered into negotiations with a
company to produce "green" hydrogen. This new hydrogen plant would be located on or
near their existing 1700 ac site.
The existing raw water contract specifies the water can only be used for cooling purposes
of the coal fired power plant and does not allow for other uses of the water. Therefore,
the new owners have requested the contract be modified to allow the water to be used
for other industrial purposes. City staff and the Manager of the District have been in
negotiations with OPS since 2021 to modify the existing water agreement to allow other
uses of the water. A comparison of the existing contract conditions and the new contract
conditions are listed below:
Existing 1977 Agreement New Agreement
• Volume 20,000 ac-ft/yr Volume 20,000 ac-ft/yr
• Minimum Payment $1 .0M/yr Minimum Payment $1 .0M/yr
• Rate $0.40 /1000gals Rate $1 .30/1000 gals
• Rate increase (other power plants) Rate increase based on CPI
• $2.0M termination fee $2.0M termination fee
• Term 60 yrs (Exp 2037) Term 40 yrs
• Power generation only Power and other industrial uses
Drought Restriction Provisions
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 8.E
Staff, the District Manager, and OPS believe the new contract conditions are beneficial to
all parties. The District approved the agreement at their August 15, 2023 Board Meeting
and therefore, staff is recommending approval today.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , Contract
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 8.E
Resolution No.
Resolution authorizing the City Manager to Execute a Raw Water
Purchase contract with Oklaunion Power Station LLC.
WHEREAS, the City of Wichita Falls has historically provided raw water to the
Oklaunion power plant previously owned by American Electric Power; and
WHEREAS, American Electric Power has sold the facilities to Oklaunion Power
Station LLC (OPS); and
WHEREAS, OPS desires to expand the use of the raw water to include industrial
process water; and
WHEREAS, the City has agreed to allow for these expanded uses of the water.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the Raw Water Purchase contract with
Oklaunion Power Station LLC in a form to be approved by the City Attorney.
PASSED AND APPROVED this the 15th day of August 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 8.E