AGD 10/03/2023 City of Wichita Falls
City Council Agenda
Stephen Santeliana, Mayor
Bobby Whiteley, Mayor Pro Tem/At Large ' \ .
Michael Smith, District 1 �41 ,
Larry Nelson, District 2 s�4�.
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Jeff Browning, District 3a a S Tim Brewer, District 4 � � c�,r ito
TEXAS Steve Jackson, District 5 `�� d`.
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�� Darron Leiker, City Manager �rA0FA,tt57'
Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300
Seventh Street, Tuesday, October 3, 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: Pastor Ron Redding
Sunnyside Baptist Church
(b) Pledge of Allegiance
3. Presentations
(a) Employee of the Month — Fox Baker, Library
(b) Proclamation —Arts and Humanities Month, Wichita Falls Alliance for Arts and
Culture
CONSENT AGENDA
4. Approval of minutes of the September 19, 2023 Regular Meeting of the Mayor and
City Council.
5. Resolutions
(a) Resolution authorizing the purchase of three (3) Automated Side Loaders solid
waste collection trucks through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of
$1 ,172,937.00
(b) Resolution authorizing the purchase of one (1) commercial front end loader solid
waste collection truck through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of
$366,818.00
(c) Resolution authorizing the purchase of one (1) Commercial Side Loader solid
waste collection truck through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of
$307,430.00
6. Receive Minutes
(a) Planning & Zoning Commission, August 9, 2023
(b) Landmark Commission, August 22, 2023
REGULAR AGENDA
7. Ordinances
(a) Ordinance amending Sections 11 b-4, 11 b-6, and 11 b-8 of Ordinance No. 52-2023,
the fee schedule applied to Sanitation, Sewage, & Stormwater; providing for
severability; providing that such Ordinance shall not be codified; and providing an
effective date
8. Resolutions
(a) Resolution authorizing the City Manager to execute the Joint Funding Agreement
for Water Resources Investigations, Number 24SJJFATX039000, with the U.S.
Geological Survey for $88,673.00
CITY COUNCIL AGENDA
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(b) Resolution authorizing the City Manager to execute Professional Services
Agreement to Biggs and Mathews Environmental, Inc. for engineering services for
the City of Wichita Falls Landfill in the amount of $78,000.00
(c) Resolution authorizing the purchase of a Powdered Activated Carbon feeder for
the Cypress Water Treatment Plant, from Norit Americas Inc., in the amount of
$102,550.00
(d) Resolution restructuring the composition of the Wichita Appraisal District's Board
of Directors in compliance with Senate Bill 2
(e) Resolution authorizing the transfer of ownership of Trustee properties at 1626
Pearl Avenue and 1807 Clark Street to Home For Freedom Inc. for the construction
of low to moderate income housing for military veterans
(f) Resolution to accept the written offers as presented for 3 Trustee parcels and
authorizing execution of the Quitclaim Deed to convey title to Lupe Chavira, Jose
Corona, and Henry Soto
(g) Resolution authorizing award of bid for bicycle lane striping services for the Wichita
Falls Traffic Engineering Division from the low bidder Linear Traffic Markings, LLC
in the amount of $85,214.00
(h) Resolution authorizing award of bid for the City's estimated annual requirement of
automotive lubricating oils and grease to Reladyne/Western Marketing, Inc. in the
amount of $255,489.60
9. Other Council Matters
(a) 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 .Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
CITY COUNCIL AGENDA
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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 27th day of September, 2023 at 5:00 o'clock p.m.
City Clerk
CITY COUNCIL AGENDA
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CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: October Employee of the Month.
INITIATING DEPT: Human Resources
NAME: Fox Baker
DEPARTMENT: Library
HIRE DATE: 11/08/2021
PRESENT POSITION: Librarian
COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of
appreciation, gift card, dinner for two, and a check for $100).
® Director of Human Resources
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 1 PAGES
AGENDA ITEM NO. 3.A
City of Wichita Falls
City Council Meeting
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in regular session at 8:30 a.m.
on the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Pastor Brian Bosworth, Floral Heights United Methodist, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3a — Proclamation — Hispanic Heritage Month, WFAAC Potencia Projects, and
Zavala
PAGE 1 of 15
AGENDA ITEM NO.4.
8:33 a.m.
Mayor Santellana read a proclamation proclaiming September 15 - October 15, 2023, as
Hispanic Heritage Month in Wichita Falls and called upon residents to build a community
that is more just, peaceful, and celebratory of all cultures by taking part in events and
activities during this month of celebration.
Item 3b — Proclamation — Walk to End Alzheimer's, Alzheimer's Association North
Central Texas Chapter
8:41 a.m.
Mayor Santellana read a proclamation proclaiming September 23, 2023, as Walk to End
Alzheimer's Day, and invited everyone to join him in this inspiring event that calls upon
participants of all ages and abilities to join the fight against the disease.
Item 3c— Proclamation— Constitution Week, Daughters of the American Revolution
8:45 a.m.
Mayor Santellana read a proclamation proclaiming September 17-23 2023, as
Constitution Week in Wichita Falls and asked citizens to reaffirm the ideals the Framers
of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us
through this guardian of our liberties, remembering that lost rights may never be regained.
Item 3d — Proclamation — National Forensic Science Week, W.F.P.D. Crime Scene
Unit
8:48 a.m.
Mayor Santellana read a proclamation proclaiming September 17-23, 2023 as National
Forensic Science Week in Wichita Falls and urged residents to express their appreciation
for the people, facilities, and technologies that make reliable forensic science possible in
our community.
Item 4-6 — Consent Items
8:55 a.m.
CITY COUNCIL MINUTES
September 19, 2023
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AGENDA ITEM NO.4.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith and
Whiteley
Nays: None
Item 4 — Approval of Minutes of the September 5, 2023, Regular Meeting of the
Mayor and City Council
Item 5a — Resolution 104-2023
Resolution authorizing the sole-source refurbishment of the inbound Transfer Station
scale to Rusty's Weigh Scale & Service, Inc. in the amount of $109,461.
Item 5b — Resolution 105-2023
Resolution authorizing the City Manager to award bid and contract for the 2023 Sewer
Budget Utility Improvement Project - Phase 2 to Bowles Construction Co. in the amount
of $1 ,458,767.
Item 6 — Receive Minutes
(a) Water Resource Committee, January 17, 2022
(b) Water Resource Committee, October 17, 2022
(c) Wichita Falls-Wichita County Public Health Board, July 14, 2023
(d) Lake Wichita Revitalization Committee, August 8, 2023
Item 7a — Resolution 106-2023
8:56 a.m.
Resolution authorizing the City Manager to Execute a Raw Water Purchase contract with
Oklaunion Power Station LLC
CITY COUNCIL MINUTES
September 19, 2023
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AGENDA ITEM NO.4.
Moved by Councilor Brewer to approve Resolution 106-2023.
Motion seconded by Councilor Browning.
Russell Schreiber, Director of Public Works, discussed the background of the current
1977 agreement, the history of the power plant, proposed changes to the agreement,
details regarding Lake Kemp as a water source, surface water regulations that dictate
how the water can be used, and how the City has never used the full amount of water
dedicated for municipal uses even during the previous drought. The water for this
agreement comes out of the water allocated for industrial uses and does not affect the
city's allotment of water. Water from Lake Kemp comprises on average around 20% of
the city's water source since it is hard to treat, more expensive to treat, and harsh when
blended with other water sources. Mr. Schreiber discussed the history of the power plant,
recent ownership changes, the required minimum $1 million payment, and how revenue
is split between the City and the Wichita County Water District 2 (WCWD 2). The benefits
of the amended agreement include increased revenue, annual rate increases, drought
restrictions, and opens the door for an estimated $4 billion in economic development in
our region.
Steve Taft, 2535 Sleepy Hollow Trail, Frisco, TX, representing the Oklaunion Power
Station (OPS) owners' group, addressed the Council and provided information and the
history of OPS. The power plant was acquired from AEP by Frontier Group of Companies
in 2020. In early 2022 the Jerry Jones Family, Stan Kroenke Organization, and the Wilks
Brothers Development Company joined the Frontier Group of Companies as equal
owners to form OPS. They intend to preserve and improve the asset as a source for local
jobs and an economic engine for the region, and plan to maintain the plant for potential
repowering in the future. Mr. Taft discussed the economic benefits to the region including
a future 64-mile natural gas pipeline, carbon capture for enhanced oil recovery, and if
repowered the plant could employ over 100 full-time positions. They are exploring Green
Hydrogen production with AES and Air Products, which could potentially create over
1 ,800 construction jobs, 115 permanent local operations jobs, and 200 transportation
jobs. Mr. Taft discussed the proposed water contract and stated that they must have the
contract with a minimum forty-year term to move forward with the Air Products/AES
project, and they do not anticipate using the full water allotment.
Jeff Norman, 2730 Imperial Crest Lane, Hellertown, PA, representing Air Products,
discussed the proposed large investment in the project. Air Products is based in the
United States and is the largest hydrogen producer in the country, and AES is also based
in the United States and is a leader in wind, solar, and battery electric storage products.
Mr. Norman discussed how they identified this region as one of the best locations, how
the project will make Texas a leader in hydrogen productions, the benefits of the project,
the capital investment, and the process of bringing together wind and solar energy to
produce green hydrogen. They will build the solar and wind energy infrastructure which
will not burden the local energy grid, and they estimate the plant to be operational in 2027.
CITY COUNCIL MINUTES
September 19, 2023
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AGENDA ITEM NO.4.
He discussed the possible regional economic growth, employment impact, indirect and
induced spending, and the importance of a partnership with local communities with both
local government and community understanding and support. This project will increase
the energy security of the United States, and will establish Texas as a global powerhouse
in the industry. Mr. Norman discussed the importance of safety with the acceptable goal
being zero accidents or incidents.
Kyle Miller, 4927 State Highway 258 West, General Manager of the WCWID 2, addressed
the Council and complimented the knowledgeable City staff that look out for the citizen's
needs. The WCWID 2 is jointly owned with the City under a contract dating back to April
4, 1923. Mr. Miller discussed the state water rights, and proposed budgets noting that the
OPS contract minimum comprises forty percent of their operating budget. He discussed
the district's drought contingency plan that reduces the allotted of 120,000-acre feet for
irrigation to 50,000-acre feet, and he discussed the release of water to Lake Diversion.
Mr. Miller stated that there has been no objection to the proposed agreement from their
2,800 taxable accounts, and the proposed agreement will allow improvements to
pipelines, irrigation canals, and repairs and replacements of aging infrastructure.
Mr. Schreiber noted that this is an amendment to an existing contract, discussed how
diligently the City, the WCWID 2, and OPS have worked together to negotiate the
agreement, and the increased benefits to the City under the amended agreement. Mr.
Schreiber discussed community comments regarding transparency and stated that the
City followed normal procedures for confidential contract negotiations, and the public was
notified once those confidential negotiations were completed. It will be four years before
any additional water is used, and he feels by then, based on NOAA predictions, we will
be out of the drought, and over that 4 years the City will have progressed with the future
Lake Ringgold water supply. Mr. Schreiber stated that the City cannot close its doors to
growth and economic investment due to a drought, and City staff has the best interest of
the City and WCWID 2 in mind with this recommendation.
Councilor Brewer asked how long this project would last. Mr. Norman stated that they
expect the plant to operate for 30-40 years or more and they will operate the plant as long
as they possibly can.
David Gray, 1050 Jan Lee Drive, Burkburnett, asked the Council if they have read the
contract word for word and page for page, and stated that he feels those that have not
read the contract should not vote. He noted the contract is all about water and does not
mention Air Products/AES, and he asked why the City doesn't negotiate directly with AES
instead of allowing OPS to sell the water to AES. He feels this option would please more
citizens and he recommended tabling the vote.
Mr. Leiker addressed Mr. Gray's comments and stated that AES does not own the
infrastructure or existing contract and therefore cannot buy the water directly from the
City. Mayor Santellana addressed Mr. Gray and stated that this process has been
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September 19, 2023
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AGENDA ITEM NO.4.
ongoing for a couple of years and the Council has had the opportunity to ask questions
and fully understand the project.
Councilor Whiteley addressed Mr. Gray and stated that he did not raise his hand because
he felt Mr. Gray was being antagonistic, but he did read the contract, and he feels quite
certain all of the Councilors have read the contract.
Phyllis Cowling, 5104 Crown Ridge Drive, thanked the Council and City Staff for the very
innovative actions taken during the 2011 drought, for their ongoing short and long-term
plans to ensure adequate water supply, for the amended provisions to include drought
restrictions, for supporting economic development for the region, and encouraged support
of the agreement.
Jack Browne, 2000 Margaret Dr., provided a handout in support of the amended contract,
stated we should be looking towards 2050, stabilizing our population, and having a
solution for water. He feels the City has done an outstanding job with the water reuse
project, conservation, and the long-term plan to grow our water supply. He discussed how
we missed the technology boom, and the economic impact and opportunity this project
provides.
Mark Dora, 11068 Hodges Road, Iowa Park, thanked the Council and Staff, and
discussed the importance of this contract to farmers, the City, the County, and
surrounding areas, as well as providing a reliable stream of revenue to the City and
WCWID 2. He read a prepared statement discussing the positive outcomes from this
agreement and how the project will benefit the region. He thanked the City Council, staff,
and WCWID 2 for negotiating a great contract that will benefit the region.
Ava Dora, 11068 Hodges Road, Iowa Park, family farmer and 4-H ambassador,
addressed the Council and Staff and discussed the importance of agriculture in our area,
and the importance of the Irrigation District. She discussed the importance of knowing
where your food comes from, the expenses related to each stage of producing food, and
the importance of water to her family and the agricultural community. Farmers pay
irrigation taxes for the water that help with salaries and maintenance of the Irrigation
District. She thanked the City Manager, City Council, and staff for negotiating a better
contract that supports the future growth of the region.
Samuel Pak, 2918 Kyle Cove, addressed the Council and discussed his concerns
regarding the 2011-2015 drought, and how this is an important issue for those against the
contract because they went through that drought. He attended the public meetings, heard
the frustrations, and listened to City staff speak. Mr. Pak stated that he learned Lake
Kemp still had water during the drought, how water is use it or lose it since it evaporates,
and stated there is enough water to invite other businesses to come in and grow in Wichita
Falls. He wants the City to grow and he wants other companies to know we are open for
business and we encourage economic growth. He has heard suggestions and complaints
CITY COUNCIL MINUTES
September 19, 2023
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AGENDA ITEM NO.4.
from other citizens, but some of their suggestions would actually discourage businesses
from coming to Wichita Falls and would prohibit growth.
Leo Lane, 2403 Martin St., addressed the council and discussed the low population
growth in Wichita Falls, and the high poverty rate. He believes this discussion is about
jobs and not about water, and about those individuals that need better paying jobs with
benefits. He encouraged the Council to vote yes if they want to support more jobs, support
economic growth, and encourage future employers. He urged the Council to have the
courage to overcome the opposition to the project.
Steve Smith, 1 Brass Lantern, stated that he appreciated the attendance at the town hall
meetings, stated that he does not want to do anything to negatively affect our farmers,
but he does not believe not moving forward with the contract would negatively affect the
farmers in his opinion. He discussed the safeguards in the contract, discussed the 50,000-
acre feet for municipal uses, and how that water is unusable by the City. He asked the
Council to consider the agreement since it obligates the City for the next 40 years and he
does not want to see businesses have to close during the next drought.
Dwayne Peirce, 11868 Gulf Lake Road, Iowa Park, stated that he is a farmer, has worked
in multiple irrigation systems around the United States, and we have an irrigation system
here to be proud of. He believes passing the agreement is positive, and is vital for revenue
to the irrigation district and farmers. He discussed how improvements to the irrigation
district have been on hold, how the revenue from this contract is vital to the Irrigation
District and farmers, and he encouraged Council to approve the agreement.
Ron Kitchens, 5307 Waterford Dr., CEO of the Chamber of Commerce, thanked Mr.
Leiker and his team for the negotiation of the contract and stated we should be proud of
the work they did to secure better rates on an existing contract as they represented the
citizenry in an amazing fashion. The greatest force of change is a job, and if we want to
change our community it takes more and better jobs, and this contract helps provide that.
AES is committed to hiring local whenever possible, and committed to working with the
Chamber to encourage other business to come to Wichita Falls. We will become the
center of Hydrogen production, and this is a pivotal point and opportunity to create a new
industry. He discussed the lack of jobs worldwide, the war for better jobs, and how we
have been losing that war. He encouraged the Council to approve the agreement.
Bobby Baumer, 2785 S. Bell Road, Iowa Park, spoke on behalf of the WCWID 2 as
President of the Board. The WCWID 2 is in partnership with the City and they voted
unanimously on August 15th to approve adopting the contract with no opposition from their
constituents. He expressed his appreciation for the City Council and encouraged them to
approve the contract.
Dick Bundy, 2022 Avondale, stated that this is definitely an economic development
decision for the City of Wichita Falls. Our citizens voted for a 1/2 cent sales tax for
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September 19, 2023
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AGENDA ITEM NO.4.
economic development and he encouraged the council to vote for approval of the
agreement today.
Glenn Barham, 3506 Copperas Cove, stated that this is a very important topic that no one
is taking lightly including city management and staff. It is unfortunate the citizens do not
get to hear the confidential negotiations, but he knows the Council has received the
information they need, and have had their questions answered. Mr. Barham sated he is
the Chair of the Water Resources Commission and the majority of the board supports the
approval of the contract. He stated that if the rate had been set at$1 .30 when negotiations
began in 2020 with a CPI increase included, today the rate would be $1 .54. He
encouraged Council to vote for the project.
Annie Jackson, 1022 Crescent Lane, asked where the hydrogen would be stored, and
why they chose this area. Mr. Norman stated that Air Products distributes the hydrogen
through pipelines, over the road transportation and other technologies they have
developed. There will be some storage at the facility but the hydrogen will be moved out
on a daily basis. On site storage is not a current commitment but may be in the future.
Carla Schmehl, 1 Summer Tree Court, stated she attended both water meetings, and her
observation is that the problem has been communication. She feels the confidential
negotiations are a problem and the public is not informed that they are even negotiating
a contract and does not have an opportunity to discuss the issue before the Council votes.
She feels during the 2 years this has been discussed the City could have updated citizens.
She felt Mr. Kitchens broke protocol and decorum at one of the meetings by raising his
voice at a citizen for quoting incorrect information. She feels citizens should be involved
in the process.
Mayor Santellana asked why one side is allowed to be passionate and the other side is
not, as nothing is said when Council and staff are screamed at. He attended the public
meetings and he did not feel Mr. Kitchens was inappropriate, but he was very passionate.
He does not understand why the same group of passionate citizens that ask for growth
are also opposing this agreement. We have an opportunity for growth and regional
development, we have Mr. Kitchens who is passionately supporting our local economy,
and he feels that a no vote is against farmers, industry, and economic growth. Mayor
Santellana discussed restrictions on communication during contract negotiation, how
negotiations were private due to the law, the two town hall meetings held on the issue,
his support of the constitutional right to speak against government and projects, and how
the City fights for transparency within the bounds of the law. Mayor Santellana said he
attended both public meetings and has spent hours talking to citizens and answering
questions. Ms. Schmehl feels like going forward, having a town hall meeting before it
becomes a giant fire would be a better option.
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September 19, 2023
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AGENDA ITEM NO.4.
Hardy McAlister stated he was on the Council when the initial project was approved in
1977, and the current council and staff have done a much better job of negotiating the
contract and encouraged Council to move forward.
Gary McLendon, 5129 Tower Drive, discussed how executive sessions are designed so
you can discuss incentives without disclosing information to other cities competing for the
same projects, and he fully supports the contract.
Danny Breegle, 1616 Ridgemont Dr., expressed his concerns over the process, and
although he understands the legal requirement to have negotiations behind closed doors,
but he would have liked to have seen the presentation given earlier in the process and
provide the citizens an opportunity to ask questions prior to a vote. He stated that
concerned citizens initiated the town hall meetings, not the City, and he appreciates the
information provided during those meetings and today. He addressed OPS, and AES and
addressed the statement made regarding the importance of community partners. He feels
that they established partnerships with the Council and staff, but not citizens. He
suggested OPS and AES have town hall meetings to answer citizen questions. Mr.
Breegle addressed Councilor Whiteley in reference to saying Mr. Gray was antagonistic
and stated he did not feel that was appropriate and it offended him.
Mayor Santellana addressed the common theme of the citizens not being informed and
the lack of transparency. Council and staff provided information as soon as legally
possible, and even though they did not call a town hall, they negotiate over 350 contracts
over the year and it is hard to determine which contract will rise to this level of concern.
An example is the prairie dog agenda item that unexpectedly became a big issue. Council
and staff have tried to answer all questions, city staff produced a Q&A and put it on the
website, created social media posts, provided a copy of the contract to the public, and
there were newspaper articles and candidates discussing the issue. He is not sure what
other outlet they could have used to disseminate information, but he is open to
suggestions for another avenue for citizen involvement. The City cannot have a town hall
meeting on every contract, but you can always reach out to your elected officials and/or
the City Manager. Mr. Breegle asked the Council to have the wisdom and discernment to
know when a subject is important and the public needs to be educated.
Mr. Leiker addressed Mr. Breegle's concerns and stated this was on the agenda August
15, 2023, and one of the reasons it was pulled from the agenda was because the public
asked for more information. Even though the City did not initiate the town hall meetings,
they attended both town hall meetings, have been on the radio and television, and
provided social media posts. The City has not turned down any request for more
information. Mr. Leiker reiterated that the Council is representing the citizens in
discussions held behind closed doors, how we cannot be competitive if discussions are
held in an open meeting, how some companies require non-disclosure statements or they
will not negotiate with us, and if we do not agree they will go to another city. All of this is
done for the best interest of the public and not to be secretive.
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September 19, 2023
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AGENDA ITEM NO.4.
Councilor Browning called for a vote.
Motion to call for a vote was seconded by Councilor Whiteley and carried by the following
vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Main motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: Councilor Jackson
Item 7b — Resolution 107-2023
10:51 a.m.
Resolution authorizing the expenditure of $176,000.00 from the General Fund to be
carried over to the 2023-2024 budget for the purchase of Safety Storage Vaults for the
Police SUV's.
Moved by Councilor Browning to approve Resolution 107-2023.
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 7c — Resolution 108-2023
10:53 a.m.
Resolution authorizing the City Manager to execute a one-year lease with the Wichita
Falls Railroad Museum, a Texas nonprofit corporation, for the use of City owned property
located at LaSalle and 9th Streets downtown.
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September 19, 2023
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AGENDA ITEM NO.4.
Moved by Councilor Brewer to approve Resolution 108-2023.
Motion seconded by Councilor Smith.
Paul Menzies, Assistant City Manager, discussed the lease agreement and the following
proposed changes.
• Allowing two additional one-year renewals as opposed to one.
• Reducing the amount of commercial property insurance to $250,000
• All materials within the museum and museum grounds shall remain the property
of the City of Wichita Falls, including the 304 locomotive and all rails cars, and the
City nor the Wichita Falls Railroad Museum shall not sell such.
Alyssa Johnston, 2307 Speedway, said she is honored to be here at the culmination of
their hard work and she encourages the Council to vote yes. They will be filing a DBA and
rebranding the Wichita Falls Railroad Museum. She read a prepared statement
discussing their intent to have a successful downtown museum site.
Moved by Councilor Smith amend the main motion with the changes discussed by Mr.
Menzies.
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
Main motion as amended carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8a — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
11 :01 a.m.
Mr. Leiker recognized Jessica Williams, CFO/Director of Finance, publicly thanked her
for all of her efforts over the past 4 1/2 years, and stated she will be leaving the City for a
new endeavor.
CITY COUNCIL MINUTES
September 19, 2023
PAGE 11OF15
PAGE 11 of 15
AGENDA ITEM NO.4.
Jessica Williams thanked the City Manager, Council, Staff, and colleagues, said it has
been a pleasure to serve, and her leaving has nothing to do with her satisfaction
professionally, but is an opportunity for her personally.
Mayor Santellana stated he knows we made the right hire 4 1/2 years ago, and he
appreciates all she has done and all of the awards she has received. The City has been
blessed to have her, and he thanked her again for all she did for Wichita Falls, for getting
the City through COVID, and wished her the best in her future endeavors.
Councilor Browning thanked everyone for attending, and for the positivity. He feels we
did something good today to help Wichita Falls move forward.
Councilor Whiteley echoed Councilor Browning's statement, and he appreciates the
respectful decorum. He apologized if he offended anyone today, but the public does not
always know the conversations held behind the scenes. Citizens that contacted him were
10/1 in favor of approving the amended agreement. Councilor Whitely said he appreciates
the Dora family for their comments, especially the comments from Ava Dora.
Councilor Nelson thanked Darron for the information he provided that assisted him in
explaining the contract information. The Oklaunion area is underprivileged and this
contract will help that area and provide jobs. He discussed upcoming projects in his
district.
Mayor Santellana has spent a lot of time the last couple of months on the water
agreement, and of those that contacted him at least 10 or 20 to 1 supported the
agreement. He spent a lot of time trying to get information out to the community to explain
why he supported the project, he thanked the staff for their hard work and research and
stated that he feels we made the right decision. This agreement will help the City of
Vernon and be a game changer for our region.
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
11 :11 a.m.
Carol Murray, 3203 Beech, asked the Council to consider term limits for boards after
having approved board members that have served for over 10 years. She reminded the
Council that there are 8 applications to consider for the appointments being made today.
Item 10 — Executive Sessions
CITY COUNCIL MINUTES
September 19, 2023
PAGE 12 OF 15
PAGE 12 of 15
AGENDA ITEM NO.4.
City Council adjourned into Executive Session at 11 :13 a.m. in accordance with Texas
Government Code §551 .074 and §551 .087.
City Council reconvened at 11 :36 a.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
Item 11 — Appointments to Boards and Commissions
11 :36 a.m.
Moved by Councilor Jackson to appoint Carol Murray to Place 2 on the Wichita Falls
Economic Development Corporation Board with a term to expire 09/30/2026.
Motion seconded by Councilor Nelson and failed by the following vote:
Ayes: Councilors Jackson, and Nelson
Nays: Mayor Santellana, Councilors Brewer, Browning, Smith, and Whiteley
Moved by Councilor Whiteley to appoint Leo Lane to Place 3 on the Wichita Falls
Economic Development Corporation Board with a term to expire 09/30/2026.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: Councilor Jackson
Moved by Councilor Whiteley to appoint David Toogood to Place 2 on the Wichita Falls
Economic Development Corporation Board with a term to expire 09/30/2026.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: Councilor Jackson
CITY COUNCIL MINUTES
September 19, 2023
PAGE 13 OF 15
PAGE 13 of 15
AGENDA ITEM NO.4.
Moved by Councilor Smith to appoint John Pezzano to Place 4 on the Lake Wichita
Revitalization Committee with a term to expire 07/31/2027.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Moved by Councilor Smith to appoint Adam Arruda to Place 9 on the Lake Wichita
Revitalization Committee with a term to expire 07/31/2027.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Moved by Councilor Smith to appoint Rick Hatcher to an unexpired term for Place 1 on
the Tax Increment Financing District, Reinvestment Zone #2 Board with a term to expire
12/31/2023.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Moved by Councilor Smith to appoint Richard Milhollon to an unexpired term for Place 5
on the Water Resources Commission with a term to expire 12/31/2023.
Motion seconded by Councilor Browning and carried by the following vote:
CITY COUNCIL MINUTES
September 19, 2023
PAGE 14 OF 15
PAGE 14 of 15
AGENDA ITEM NO.4.
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 12 —Adjourn
Mayor Santellana adjourned the meeting at 11:41 a.m.
PASSED AND APPROVED this 3rd day of October 2023.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
September 19, 2023
PAGE 15 OF 15
PAGE 15 of 15
AGENDA ITEM NO.4.
CITY COUNCIL AGENDA
OCTOBER 3, 2023
ITEM/SUBJECT: Resolution authorizing the purchase of three (3) Automated Side
Loaders solid waste collection trucks through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck
Sales, Inc. in the amount of $1 ,172,937.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Delivery City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The Sanitation Division annually replaces three Automated Side
Loaders (ASL) based on the age of the vehicle, mileage, and maintenance expenses.
The ASLs are used for curbside solid waste collection. Each ASL is comprised of a Mack
LR64 cab and chassis from Bruckner Truck Sales, Inc. and a Labrie Automated Right
Hand 31 CY Automated Sideloader for the unit cost of $390,979.00 each.
Texas Local Government Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements. This chapter does not apply to expenditure for. . . (12) personal property
sold under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391.
The Sanitation Division budgeted $1 ,253,871 .00 for the purchases of three ASL
replacements. Staff recommends award for the purchase of three (3) turnkey automated
side loaders through the H-GAC in the amount of $1 ,172,937.00.
® Director of Public Works
ASSOCIATED INFORMATION: Resolution, Quote
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 5.A
Resolution No.
Resolution authorizing the purchase of three (3) Automated Side
Loaders through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the
amount of$1,172,937.00
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and
WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering three
(3) turnkey Automated Side Loaders through H-GAC Purchasing Cooperative comprised
of the Mack LR64 cab and chassis from Bruckner Truck Sales, Inc. and the Labrie
Automated Right Hand 31 CY Automated Sideloader, and it is in the best interest to
purchase equipment in accordance with the Cooperative Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase three (3)
turnkey automated side loaders through the H-GAC Purchasing Cooperative from
Bruckner Truck Sales, Inc. in the amount of $1 ,172,937.00.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 5.A
REPLACING:
SANITATION 1150 2019 Mack LR64 57,182
SANITATION 1156 2019 Mack LR64 48,538
SANITATION 1157 2019 Mack LR64 51,914
1 ili.,,,ii,,,I,--77i,n,,,in:,___n, 70 ...
i u
0 •
•
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 5.A
C�GF'�'J Bruckner's Truck & Equipment
13 TRUCK a Retail Proposal
EQUIPMENT
Date: September 18. 2023
CJSTOMER INFORMATION !Stock*:
EQUIPMENT IN=ORMATION
Name: City of Wichta Falls Stock#: Ordered LNITIJ
Name:
Address: PO Box 1431 I"ear: 2025 BODY Labrie ASL
lCSZ: Wichita Falls,TX 76307 (Make: Mack
Phone: 940-761-7931 Cell: 940 631-5549 Model: LR64
Fax: Contact: Teresa Rose VIN: Ser att009872,009873,&009874
Email: teresa-roselawichitafallstx.gov Salesperson: Josh Phillips
EQUIPMENT SPECIFICATIONS
Engine Make: Mack MP7-355C Wheelbase: 210"w/ 185"Clear CT&137"AF
Horsepower: 355hp wl 1250 Lb-ft Torque Frame: 9.5mm Steel wl2,037,600 Lb-in RBM
Engine Brake: Yes-Mack Powerleash Far MP7 Interior Trim: TE Steel Gray wl Fabrifaam Seats
Transmission: Allison 450DRDS-BSpd Automatic Wheels Front: Acride Steel Powder Coated White
Front Axle: Mack-20,000# Wheels Rear: Ac uride Steel Powder Coated White
Rear Axle: Mack-46,D00#wl Full Locking Rears Tire Size: 3125f80R22.5
Rear Suspension: Mack-mRide413-46,000#3-Leaf Parabolic Tire Front: Bridgestone M870
Ratio: 5.31 ITire Rear: Bridgestone M870
Chassis Includes the Following Local Extras:
New Truck Prep-Includes PDI,Bruckner Muciflaps, Pricing Is Based On 25A Pricebook As Of 7125123
Bruckner Floarmats,$100 Fuel,Truck Wash wl And Will Be Built In 2024- Price Is Subject To Any
Interior Detail,&State Inspection Material Surcharges Mack Or Labile May Add.
Customer Can Cancel Order At Time Of Notification
Labrie Automizer RI-I 31cyASL Installed& Delivered Of Surcharge Without Any Penalry.,
To Bruckner's-Wichita Falls
Reliance Quote*202300823
Purchased Using Bruckner's HGAC Contract
FOB:Central Service garage #HT06-20- HGAC Fee Included-
Chassis IBuilds Scheduled-Jan,Feb,&Apr.
Each Multiple Total
-f: i733:or: T ac Trade 2: $390,679.00 $1,172,037.00
Al,owance s: •
VIN:
Year:
Make:
Model:
Payoff:
Quantity [ 2 I
OTHER CHARGES:
Title,and License Fees(Estimated}: -
Purchase Coverage Type:Insurance Type: -
Dealer Inventory Tax and Doc Fees: 300-00 900-00
Cash Down Payment
TOTAL: $390,979-00 $1,172,937-00
Dealer Signature: Customer _.'g r 3:_re
Date: Date:
A documentary fee is not an official fee. A documentary fee is not required by law, but may he charged to buyers for handling documents and
performing services relating to the dosng of a sale. A documentary fee may not exceed $50 for a motor vehicle contract or a reasonable amount
agreed to by the parties for a heavy commercial vehicle contract This notice is required bylaw.
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 5.A
CITY COUNCIL AGENDA
OCTOBER 3, 2023
ITEM/SUBJECT: Resolution authorizing the purchase of one (1) commercial front end
loader solid waste collection truck through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck
Sales, Inc. in the amount of $366,818.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Delivery City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The Sanitation Division is scheduled to replace one Front End
Loader (FSL) in 23-24 budget based on the age of the vehicle, mileage, and maintenance
expenses. Sanitation Division will use this unit for front end commercial refuse collection.
The Front End Loader will be comprised of Mack TE64R cab and chassis from Bruckner
Truck Sales, Inc. and Labrie Wittke commercial front load through Bruckner Truck Sales,
Inc. in the total amount of $366,818.00.
Texas Local Government Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements. This chapter does not apply to expenditure for. . . (12) personal property
sold under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391.
The Sanitation Division budgeted $413,584.00 for the purchase of one commercial front
end loader collection vehicle. Therefore, staff recommends the purchase of one (1)
turnkey front end loader through the H-GAC Purchasing Cooperative in the amount of
$366,818.00.
® Director of Public Works
ASSOCIATED INFORMATION: Resolution, Quote
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 5.B
Resolution No.
Resolution authorizing the purchase of one (1) commercial front end
loader through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the
amount of$366,818.00
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering one
(1) turnkey Front End Loader through the H-GAC Purchasing Cooperative comprised of
the Mack TE64R cab and chassis and the Labrie Wittke commercial front loader body,
and it is in the best interest to purchase equipment in accordance with the Cooperative
Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase one (1)
Front Loader through the H-GAC Purchasing Cooperatives from Bruckner Truck Sales,
Inc. in the amount of $366,818.00.
PASSED AND APPROVED this the 3rd day of October 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 5.B
REPLACING:
DEPARTMENT UNIT YEAR MAKE MODEL MILEAGE
SANITATION 1190 2010 MACK MRU613 159,701
-44
•
II j
b I
16
1 g a II
)Ir . 0.imim.mod#10110010 1.
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.
PR.
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PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 5.B
p GF 'J Bruckner's Truck & Equipment
TRUCF:E Retail Proposal
EQUIPMENT
Date: July 28,2023
CJSTOMER IN=ORMATION I EQJIP.1EIT IN=ORMATION
Name: City of Wichta Falls Stock#: Ordered UNITID
Name:
Address: PO Box 1431 I Year: 2025 BODY Labrie CFL
ICSP: Wichita Falls,TX 76307 (Make: Mack
Phone: 940-761-7931 Cell: 940 631-5549 Model: TE64R
Fax: Contact: Teresa Rose VIN:
!Email: teresa-rosewichitafallstx.gow i (Salesperson: Josh Phillips
EQJIP.1EFT SFECIFIC A.T ONS
Engine Make: Mack MP7-355C Wheelbase: 210"Iv/ 185"Clear CT&137"AF
Horsepower: 355hp wl 1250 Lb-ft Torque Frame: 9-5mm Steel w12,037,600 Lb-in RBM
Engine Brake: Yes-Mack Powerleash For MP7 Interior Trim: TE Standard Gray w1 Fabrifoam Seats
Transmission: Allison 450DRDS-BSpd Automatic Wheels Front: Accuride Steel Powder Coated White
Front Axle: Mack-20 Dgp# Wheels Rear: Accuride Steel Powder Coated White
Rear Axle: Mack-4B,Dt10# Tire Size: 315080R22.5
Rear Suspension: Mack-mRide45-45,00fl##3-Leaf Parabolic Tire Front: Bridoestcne M870
Ratio: 5.31 Tire Rear: Bridgestcne M873
Chassis Includes the Following Local Extras:
New Truck Prep-Includes PDI,Bruckner Mudflaps, Pricing Is Based On 25A Pricebook As Of 7126123
Bruckner Floormats,$100 Fuel,Truck Wash wi And MAY Be Subject To Any Material Surcharges
Interior Detail,&State Inspection That Mack Or La brie May Add. Customer Can
Cancel At The Time Of Notification Of Surcharge
Labrie Wittke CFL Installed&Delivered To Without Any Penalty.
Bruckner's-Wichita Falls
Reliance Quote-202300759
Purchased Using Bruckner's HGAC Contract
FOB:Central Service Garage #iHT06-20- HGAC Fee Included-
Each Multiple Total
Trade-In life m is or: Tide 1: —rade 2: S366,518-00
Allowances: -
VIN:
Year:
Make:
Model:
Payoff:
Quantity I I
OTHER CHARGES:
Title,and License Fees(Estimated): -
Purchase Coverage Type:Insurance Type: -
Dealer Inventory Tax and Doc Fees: 300-00
Cash Down Payment
TOTAL: $366.818.00
Dealer Signature: Customer Signature:
Date: Date:
A documentary fee is not a^ °Tidal fee. A documentary fee is not required by law,but may be charged to buyers for handing documents and
performing services relat ng tc the dosng of a sale. A documentary fee may nal exceed $50 for a motor vehicle contract or a*easana c.a amount
agreed to by the parties'or a heavy commercial vehicle contract This notice is required by law.
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 5.B
CITY COUNCIL AGENDA
OCTOBER 3, 2023
ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Commercial Side
Loader solid waste collection truck through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck
Sales, Inc. in the amount of $307,430.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Delivery City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The Sanitation Division is scheduled to replace one commercial side
loader for alley service in 23-24 budget based on the age of the vehicle, mileage, and
maintenance expenses. The commercial side loader will be comprised of Mack Terrapro
Cabover MRU612 cab and chassis from Bruckner Truck Sales, Inc. and Curb Master
RH08-137 Commercial Side Loader body with Eject Unloading from Kann Manufacturing
Corporation in the amount of $307,430.00.
Texas Local Government Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements. This chapter does not apply to expenditure for. . . (12) personal property
sold under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391.
The Sanitation Division budgeted $317,368 for the purchases of one alley sideload solid
waste collection vehicle. Therefore, Staff recommends the purchase of one (1) turnkey
commercial side loader for the alley service through H-GAC Purchasing Cooperatives in
the amount of $307,430.00.
® Director of Public Works
ASSOCIATED INFORMATION: Resolution, Quote
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 5..0
Resolution No.
Resolution authorizing the purchase of one (1) Commercial Side
Loaders through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from Bruckner Truck Sales, Inc. in the
amount of $307,430.00
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and
WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering one
(1)turnkey Commercial Side Loader through H-GAC Purchasing Cooperatives comprised
of the Mack TE42 cab and chassis from Bruckner Truck Sales, Inc. and the Kann Curb
Master RH08-137 Commercial Side Loader body with Eject Unloading from Kann
Manufacturing Corporation, and it is in the best interest to purchase equipment in
accordance with the Cooperative Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase one (1)
Commercial Side Loader through the H-GAC Purchasing Cooperatives from Bruckner
Truck Sales, Inc. in the amount of $307,430.00.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 5..0
REPLACING:
DEPARTMENT UNIT YEAR MAKE MODEL MILEAGE
SANITATION 1190 2010 MACK MRU612 117,003
94
ill
i
kANN]
mm.
I03
'' r
0
Ili IN
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 5..0
Bruckner's Truck & Equipment
111 TRRetail Proposal3141 ---1kEOrlifrUller:ENI8T
Date: July 26,2023
CJSTOMER IN=ORMATION I EQUIPMENT INFORMATION
Name: City of Wichta Falls !Stock#: Ordered LNITID
Name:
Address: PO Box 1431 Year: 2025 BODY KANN Alley
ICSZ: Wichita Falls,TX 76307 Make: Mack
Phone: 940-761-7931 Cell: 940 631-5549 Model: TE42R
Fax: Contact: Teresa Rose VIN:
Email: teresa_roseawichitafallstx.gov Salesperson: Josh Phillips
EQUIPMENT SPECIFICATIONS
Engine Make: Mack MP7-355C Wheelbase: 175"wl 150"Clear CA&B3'AF
Horsepower: 355hp w!1250 Lb-ft Torque Frame: 9.5mm Steel wf 2,037,600 Lb-in RBM
Engine Brake: Yes-Mack Powerleash For MP7 Interior Trim: TE Steel Gray wJ Fabrifoam Seats
Transmission: Allison 450DRDS-BSpd Automatic Wheels Front: Aca.vride Steel Powder Coated White
Front Axle: Mack FXL2U-20,0U0# Wheels Rear: Acouride Steel Powder Coated White
Rear Axle: Mentor-31:1,00fl#d Tire Size: 315f8DR22.5
Rear Suspension: Mack 30,000#Multileaf Tire Front: Bridgestone M870
Ratio: A.49 Tire Rear: Bridgestone M870
Chassis Includes the Following Local Extras:
New Truck Prep-Includes PDI,Bruckner Mudflaps, Pricing Is Based On 25A Pricebook As Of 7f26123
Bruckner Floormats,$100 Fuel,Truck Wash wl And Will Be Ordered For A 2024cy Build. Price
Interior Detail, &State Inspection Is Subject To Change If Mack Or KANN Have Any
Material Surcharges Added Prior To Build.
KAHN Mfg RH00-I37 Curb Master Commercial Side
Loader Installed&Delivered To Bruckner's-WF
KAHN Quote ID#9037
Purchased Using Bruckner's HGAC Contract
#HT06-20. HGAC Fee Included.
FOB:Central Service Garage
Each Multiple Total
Trace-In lr.f -ma:or: T-ace1 Trade 2: $307,130.00
Allowances: -
VIN:
'fear:
Make:
Model:
Payoff:
Quantity I I
OTHER CHARGES:
Title,and License Fees(Estimated): -
Purchase Coverage Type:Insurance Type: -
Dealer Inventory Tax and Doc Fees: 300.00
Cash Down Payment
TOTAL: $307,430.00 '
Dealer Signature: Customer Signature:
Date: Date:
A documentary fee is not arm official fee. A documentary fee is not required by law, but may he charged to buyers for handing documents and
performing services relat ng to the dos'ng of a sale. A documentary fee nay not exceed $50 for a motor vehicle contract or a reasonable amount
agreed to by the parties'or a heavy commercial vehicle contract This notice is required by law.
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 5..0
MINUTES
PLANNING & ZONING COMMISSION
August 9, 2023
PRESENT:
Michael Grassi ♦ Member
Blake Haney ♦ Member
Doug McCulloch ♦ Member
Matt Marrs ♦ Member
Noros Martin ♦ Member
Paul Mason ♦Alternate No.2
Wayne Pharries ♦ Member
Jeremy Woodward ♦ Vice-Chair
James McKechnie, Deputy City Attorney ♦ City Staff
Monica Aguon, City Attorney ♦ City Staff
Paul Menzies, Assistant City Manager ♦City Staff
Terry Floyd, Development Services Director ♦City Staff
Fabian Medellin, Planning Manager ♦ City Staff
Christal Cates, Senior Executive Asst. ♦City Staff
ABSENT:
David Cook ♦ Chairman
Mark McBurnett ♦ SAFB Liaison
Cayce Wendeborn ♦ Member
Steve Wood ♦ Alternate No.1
Councilor Bobby Whiteley ♦Council Liaison
I. CALL TO ORDER
The meeting was called to order by Vice Chairman, Mr. Jeremy Woodward, at 2:00
p.m. Vice Chairman Woodward proceeded to make the following comments:
III. PUBLIC COMMENTS
Vice Chairman Woodward asked if there were any comments from the public. With
no response, Mr. Woodward closed public comments.
IV. APPROVAL OF MINUTES
Mr. Noros Martin made a motion to adopt the July 12, 2023, minutes. Mr. Matt
Marrs seconded the motion. The motion was passed unanimously, 7-0
VII. CONSENT AGENDA
Case P 23-13 — Trophy Park, Section 5
Case P 23-14 — Luther Nichols Ill Addition, Lot 1, Block 1
PAGE 1 of 5
AGENDA ITEM NO.6.a
Planning and Zoning 2 August 9, 2023
Case P 23-15 — Plum Creek Commercial Addition, Lot 1, Block 3
Vice Chairman Woodward asked if there were any items that needed to be moved
the regular agenda. Mr. Medellin stated there were no items to be moved to the
regular agenda, however, Case P 23-13 — Trophy Park, Section 5, was requested
to be pulled from the consent agenda by the applicants.
With Case P 23-13 removed, Mr. Wayne Pharries made a motion to approve the
consent agenda with Mr. Marrs seconding. The vote passed unanimously 7-0.
VIII. REGULAR AGENDA
1. Case R 23-03 — 2203 Missile Road - Rezone:
Public hearing to discuss 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
pit is noted Mr. Michael Grassi, P&Z Commission member had recused himself, filing the
paperwork with the City Clerk's Office for record.
Vice Chairman Woodward opened the public hearing at 2:02 pm concerning case
R 23-03. Mr. Fabian Medellin presented a review of the case. 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 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
were the 25ft. setback along frontages, 10ft. setback to the rear and a maximum of
35ft. in height of the structures.
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.
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
PAGE 2 of 5
AGENDA ITEM NO.6.a
Planning and Zoning 3 August 9, 2023
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.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)
• 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.
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 3 of 5
AGENDA ITEM NO.6.a
Planning and Zoning 4 August 9, 2023
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 for the first responses. After
the second notice, only 2 responses were received, both in opposition. One of the
original 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 the item was presented to Council on July 18, 2023 with staff's
favorable recommendation and the unanimous recommendation for approval from
the Planning & Zoning Commission. The Council tabled the discussion until August
15, 2023 to allow for additional public comments and the applicant opportunity to
meet with concerned property owners.
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. Staff will recommend approval of the proposed
rezoning request of +/- 3.43 acres at 2203 Missile Road to Planned Unit
Development — Residential Use (PUD-RU) to City Council on August 15, 2023
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.
Mr. Martin stated he had questions about the notices and the State laws requiring a
super majority required for City Council. Mr. Martin also asked why the City Council
tabled the case. Mr. Medellin explained it was to give the applicant time to meet
PAGE 4 of 5
AGENDA ITEM NO.6.a
Planning and Zoning 5 August 9, 2023
with concerned neighbors to gather additional feedback as requested by the City
Council. Mr. Martin asked why they would have to vote on this again when the
Commission had already recommended approval. Mr. Terry Floyd advised the
meeting was for discussion only and no voting would be happening since they had
already voted to recommend to Council the previous month.
Mr. Paul Mason asked Mr. Medellin what the benefits of the approved rezone would
be. Mr. Medellin stated the enhanced landscaping and the open space and
landscape screening would benefit the neighborhood.
Vice Chairman Woodward asked if there were any other questions from the
Commission. Mr. Woodward asked if there was anyone from the public that would
like to speak, there were no members of the public present. Vice Chairman
Woodward closed the public hearing at 2:15 pm.
IX. ADJOURN
Vice Chairman Woodward adjourned the meeting at 2:16 pm.
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PAGE 5 of 5
AGENDA ITEM NO.6.a
LANDMARK COMMISSION
MINUTES
August 22, 2023
MEMBERS PRESENT:
Michele Derr ■ Chairwoman
John Dickinson • Member
Christy Graham • Member
Joel Hartmangruber ■ Member
Andy Lee • Member
Noros Martin • P&Z Liaison
Janel Ponder Smith • Member
Tim Brewer • Council Liaison
Monica Aguon, Assistant City Attorney ■ City Staff
Terry Floyd, Development Services Director • City Staff
Karen Montgomery-Gagne, Principal Planner/HPO ■ City Staff
Christal Cates, Administrative Assistant ■ City Staff
ABSENT:
Nadine McKown ■Vice-Chairwoman
Marcela Medellin • Member
GUESTS:
Kim Tigrett, WFHHD President ■ 1301 Grant St.
Bill Andersen, Owner of 522 Ohio Avenue ■4403 Post Oak
I. Call to Order, Introductions and Welcome
Chairwoman Michele Derr called the meeting to order at 12:01 p.m. Ms. Derr had
Commission members, staff and guests, introduce themselves.
II. Review & Approval of Minutes from: July 12th, 2023
Chairwoman Derr called for review and approval of the July 12, 2023 Landmark
Commission meeting minutes. Mr. Joel Hartmangruber made a motion to approve the
minutes, Mr. John Dickinson seconded the motion. Minutes were unanimously
approved 7-0.
Regular Agenda
III. Action Item: Design Review —522 Ohio Avenue (Depot Square District—local &national
designation)
Request to Rehabilitate Ohio Facade:
• New windows (3): double pane, wood frame, tempered lowE glass
PAGE 1 of 7
AGENDA ITEM NO.6.b
Landmark Commission 2 August 22,2023
• New doors (2): Belleville smooth fiberglass entry door
Ms. Karen Montgomery-Gagne presented the case and stated the owner and applicant,
Mr. Bill Andersen, was requesting approval from the Commission to rehabilitate the
structure located at 522 Ohio Avenue. Ms. Gagne advised the Commission the structure
was a non-contributing structure, however, it still had significance having both local and
national designations.
Ms. Gagne stated the subject property was located at 522 Ohio Avenue, between 5th
and 6th Streets. The structure, known as the H. C. Lueke Building, was built in 1909 in
part of the downtown service area. In 1925 it was combined with the adjacent building
for a tractor, implement and tin shop. Inventory photos from 2013 showed the brick
veneer facade added in the 1950's. The second photo from the 2019 inventory showed
doors repaired/replaced with wood panels.
Ms. Gagne advised the proposal she was presenting was for 3 new windows and 2 new
doors and that there were no changes to the facade. Both windows and doors proposed
for replacement with a fiberglass smooth finish commercial style door and a Lincoln-
brand wood framed double-pane tempered lowE window. Ms. Gagne stated the
precedent for use of fiberglass replacement doors had previously been set in the Depot
Square Historic District and reminded the Commission this was a non-contributing
structure. Staff recommended the proposal as it was in keeping with the City's design
standards using materials accepted in the district and the original windows were not
functional.
Mr. Noros Martin asked the owner the intended use of the building. Mr. Andersen stated
it was currently used for storage (props and costumes) by the Backdoor Theatre and
would remain storage. He added Backdoor Theatre had leased space at 600 6th St but
additional space was needed for the Sixth Street Winery so he purchased abutting
building. Mr. Andersen said he was petitioning to make changes for facade
beautification while making the structure more secure.
Chairwoman Derr asked if there were any comments from the public. With no comments
from the public, Ms. Derr asked if there were any further questions from the
Commission. Mr. Andy Lee made a motion to approve the design review request at 522
Ohio Ave., a non-contributing building, to install 3 commercial windows with wooden
frames and 2 commercial smooth fiberglass entry doors all utilizing existing
openings. Project as outlined determined to be in compliance with Wichita Falls Design
Guidelines and Standards Sec. 4 Item 6 (Windows and Screens) and Item 7 (Doors).
Ms. Janel Ponder-Smith seconded. The motion passed with a vote of 7-0.
IV. Action Item: Design Review — Non-Compliance — 1501 Tilden Street (West Floral
Heights Historic District)
Non-Conforming Items:
• Windows — vinyl; simulated divided lites
• Front Entry Door— double door; altered glazing; no side-lites
PAGE 2 of 7
AGENDA ITEM NO.6.b
Landmark Commission 3 August 22,2023
Ms. Karen Montgomery-Gagne presented the case and stated this petition was to
consider the owner's request for additional delay in enforcement to give owner another
extension of time to submit a revised design review application deemed sufficient for
review by the Commission at the November 28, 2023 meeting. Ms. Gagne gave a brief
overview of the project and timeline. The applicant was not present due to work
scheduling. Ms. Gagne apologized to the Commission and stated she still had not
received a fully completed revised application from owner.
Staff stated the subject property was located at 1501 Tilden Street, corner of Avenue E
and Tilden Street in the West Floral Heights Historic District. The structure, built in 1920
was designated in 2004 and is contributing to the district. Inventory photos from 2013
showed the façade essentially unchanged other than paint and a missing shutter. The
photos clearly show the 2nd story windows as 6 over 1 pattern, the 1st story, 5 over 1
windows and the 9 over 9 windows on the south wing. The home has a two-story entry
porch with a flat roof with Greek style columns that are a defining feature. In 2017 the
Commission approved design review alterations to address water leak damage to the
interior; replacing the tile roof with alternate materials and flashing added along with
alternate materials around the dormers. However, there were also unauthorized
alterations made by a previous owner sometime in 2017/2018 that included replacing
dormer windows with 2 over 2 pattern and other windows on the rear, side and upper
story.
A stop-work order was issued December 19, 2022 for no building permits or design
review authorization for alterations. Alterations included vinyl window inserts installed
with an alternate pattern 4 over 1 instead of original 5 over 1 style; simulated divided
lites and single hung. Original windows were constructed of wood with exterior muntins
(wood strips separating glass panes); double-hung. The owners indicated replacement
windows were installed for improved energy efficiency, conservation and security. On
February 10, 2023, an on-site meeting was held to view the removed windows. It was
determined by an Architect and Craftsman from the Landmark Commission that the
original wood windows(from Tilden façade 1st story; 5 over 1 pattern); could be repaired;
deglazed and repainted.
Ms. Gagne advised, the Secretary of the Interior Standards for wood stated replacement
elements must match the design and detailing of the original or historic feature as
closely as possible, and they must be replicated using similar elements at the site as a
template or through the use of historic photographs. Ms. Gagne further advised the
Design Guidelines for the City of Wichita Falls stated for windows (pages 56-57) the
following:
b. Retain & restore original windows, window surrounds, and screens unless
deteriorated beyond repair.
c. Storm windows may provide increased energy efficiency without damaging historic
windows.
d. If original windows or screens deteriorated beyond repair, replacement windows
shall maintain the same size, profile, configuration, finish and details as the original
windows.
PAGE 3 of 7
AGENDA ITEM NO.6.b
Landmark Commission 4 August 22,2023
f. False muntins inserted inside the glass are not permitted; true divided lites or
dimensional muntins on outside of glass and spacers inside glass provide
appearance of true divided lites.
h. Although some substitute materials, such as extruded aluminum, may be used
for replacement windows, the appearance of the window from the public right-of-
way shall closely resemble the original in size, configuration, profile, and finish.
Vinyl is not an appropriate substitute material.
On March 28, 2023 the Landmark Commission unanimously voted to deny the illegally
installed sunroom windows as they did not meet the requirements (City's Design Review
Guidelines Sec. 4, Item 6—Windows/Screens)for replacement windows as they needed
to be replaced with wood, aluminum or aluminum clad wood, exterior muntins and a 5
over 1 configuration. Also voted to deny the illegally installed replacement windows on
Tilden facing facade (City's Design Review Guidelines Sec. 4, Item 6 —
Windows/Screens)and recommended replace with an appropriate material with exterior
muntins and same configuration of 5 over 1. At this same meeting the Commission
unanimously voted to deny the illegally replaced double front doors as installed as they
do not meet the City's Design Review Guidelines Sec. 4, Item 7 — Doors and submit a
new application for a single front door with paired side lites that maintain the same
configuration and design as original.
Current photos taken August 14, 2023 clearly show the non-compliant double front
doors painted black. Ms. Gagne advised since the Commission's ruling in March only a
partial design review application was submitted in April for replacement door options
and windows. The Commission unanimously passed a motion at the May 23, 2023
meeting requiring action from owner within 90-days for submission of a revised Design
Review application deemed sufficient for consideration by Landmarks. That time frame
expired August 21, 2023.
Ms. Gagne stated the owner contacted staff August 7th requesting another 3 month or
sooner extension after a significant 2nd floor water leak. Photos sent from the owner
show damage to downstairs ceiling/walls. Insurance claim was denied as pipe burst not
a faulty shower pan. Also discovered drainage pipes under house need replacement.
Service Master was contacted to dry out walls and ceiling. The applicant was working
with Scott Hollars at Builders Lumber, to obtain spec sheets for new door and aluminum
clad windows with exterior muntins. Ms. Gagne did note that as of August 22, 2023, no
permits were on file to initiate plumbing repairs.
Mr. Joel Hartmangruber asked if this motion was to enforce the non-compliance issues
and if any action was taken against the contractor. Ms. Gagne advised the contractor
was issued a ticket that was paid and a lengthy meeting with staff to explain why they
were issued a ticket. Mr. Terry Floyd stated replacing windows required a permit even
if they are not historical and the contractor had previous projects replacing windows.
Mr. Lee stated he felt a design review was needed with the applicant present and would
like the Commission to consider possibly allowing an extension to be granted. Ms.
Gagne stated staff recommended no more than a 30-day extension be given due to the
PAGE 4 of 7
AGENDA ITEM NO.6.b
Landmark Commission 5 August 22,2023
lack of progress. Mr. Martin asked if the extension was granted if staff believed the
applicant would comply since they had not in the previous 6 months. Ms. Gagne stated
it would be up to the Commission to grant an extension. The previous 90-day extension
given was lengthy with no progress made and staff believed a 30-day extension was
enough time to have all paperwork submitted with a completed design review
application.
Discussion among the Commission on an exact time-frame with the Labor Day weekend
and exactly what would be due at the time given for voluntary compliance. Mr. Martin
made a motion to approve a 30-day extension with a design review application due on
September 5, 2023. After brief discussions on the correct wording, Mr. Martin recanted
his motion. Chairwoman Derr made the motion granting an additional time extension for
1501 Tilden until the next Landmark Commission meeting scheduled for Tuesday,
September 26, 2023 and the applicant is informed the revised design review application
(sufficiently complete for consideration) shall be made to City staff in a timely manner
by Tuesday, September 5, 2023 to be considered by the Landmark Commission. Mr.
Martin seconded the motion that passed unanimously with a vote of 7-0.
V. Action Item: Design Review — Non-Compliance — 1416 Hayes Street (West Floral
Heights Historic District)
Non-Conforming Items:
• Windows — vinyl; simulated divided lites
• Front Entry Door— solid steel; no glazing; storm door
Ms. Karen Montgomery-Gagne presented the case and stated this non-compliance
case was being brought before the Commission after lapse of 60-days the Commission
provided to encourage owner's voluntary design review compliance, consider staff's
plan to proceed with enforcement, including but not limited to issuance of any
appropriate municipal court citations under supervision of the director.
Ms. Gagne stated the subject property, located at 1416 Hayes Street, northwest corner
of Hayes Street and Avenue E was constructed in 1925 and was a contributing structure
in the West Floral Heights Historic District. A brief overview of the previous proposal
was given and a photo taken in 2019 showing a screen door added to the primary front
entry and the former windows on Hayes Street façade with a 6 over 1 pattern and the
east façade windows 6 over 6 pattern in place. In February, City staff were alerted to
window installation being conducted by Home Depot. The installation was essentially
completed when staff was notified with no permits or design review having been
obtained. Ten windows had been replaced on the east and south facades, with direct
visibility from Hayes Street and Avenue E. At the March 28, 2023 Landmark
Commission meeting the Commission unanimously approved the denial of windows as
installed with vinyl which did not meet the City's Design Review Guidelines Sec. 4- Item
6 Windows/Screens. The windows would need to be replaced with either wood,
aluminum or aluminum clad materials, any color, muntins on exterior and 6 over 6
configurations, with the middle single window (Hayes facade) being 8 over 8
configurations.
PAGE 5 of 7
AGENDA ITEM NO.6.b
Landmark Commission 6 August 22,2023
On March 7, 2023 a stop-work order was issued during the process of removing and
replacing the primary front entry door without an approved design review. The former
front door had 8-lites and beveled glass. The door appeared original based on design
and unique size (43.5 x 85.75 inches). The replacement door was a JELD-WEN steel
single door unit with no glazing did not match the style, materials and design to fit the
Craftsman architectural style or meet the minimum design review guidelines. At the
March 28, 2023 Landmark Commission meeting the Commission unanimously denied
the replacement solid steel door and recommended either repair original wood door or
replace with either a wood or fiberglass door that matches the same architectural style.
Home Depot agreed to work with the homeowner and agreed to return the custom
ordered door and replace it with a recommended door that would meet the design
guidelines. A photo from May 17, 2023 showed the steel front entry door denied by
Landmark Commission on March 28, 2023 then installed by homeowner. The contractor
for Home Depot attempted to work with applicant/owner to exchange the custom steel
door with a typical Craftsman-style accepted by Commission. Owner requested
contractor leave the premises. Vinyl windows still remain in place with no compliant
alternative that meets Wichita Falls Design Review Guidelines. Owner indicated in May
no funds to replace.
During preparation for the proposal, staff found the homeowners met with Home Depot
and started designing the window project in September 2022. It was noted there would
have been an abundance of time to come before the Commission for a design review
approval for acceptable materials used on this project. The 60-day extension given by
the Commission to submit a design review application expired July 21, 2023. During the
most recent conversation with staff on August 9, 2023 the owner re-iterated, the
windows and door will not be replaced due to inability to afford new replacements after
already spending $15,000.
Chairwoman Derr asked if there were any comments from the public, no comments
made. Ms. Graham stated the Commission could enforce this case, however, it would
only result in a one-time fine of$500. Assistant City Attorney, Ms. Monica Aguon, stated
it could be up to $500 per day, each day the owner was in non-compliance. Mr. Floyd
stated a ticket could legally be written every day but this case would be reviewed before
each citation written. Ms. Aguon stated it was recommended staff prepare as it was the
Commission's duty to enforce the non-compliance while staff continued to work with the
property owner to bring the items into compliance. Mr. Floyd stated the frequency of the
citations issued would increase with the amount of time the owner continued in non-
compliance with no communication to staff. Mr. Floyd advised it was his and staffs
wishes to work with the owner and move into compliance as soon as possible.
Mr. Hartmangruber stated he wished to see this resolved between the contractor and
the homeowner. Mr. Martin made the motion to approve staff enforcement of the non-
compliant items. Mr. John Dickinson seconded and the motion which passed with a vote
6 Commission members in favor and 1 opposed.
PAGE 6 of 7
AGENDA ITEM NO.6.b
Landmark Commission 7 August 22,2023
VI. Other Business:
a) Monthly Reports
Depot Square:
Ms. Derr gave the following updates:
• August 25th— 27th Hotter `N Hell weekend
• September 1st— Burn Shop hosting Block Cook-Off on Ohio
• September 7th—Art Walk
West Floral Heights:
Ms. Ponder-Smith gave the following updates:
• Letter drafted to West Floral Heights Historic District property owners about the
importance of historic preservation and adhering to guidelines.
b) Updates:
• Revision — Chapter 62 Historic Preservation Ordinance
• 502 Ohio Ave. — Depot Square Historic District
• West Floral Heights HD — Marker Project
• THC — CLG Role: Monitoring State & Federally Designated Resources
c) Resources/Periodicals:
• Preservation -National Trust
d) Design Review — Staff Authorized — Minor Alteration/Repairs:
• 600 8th St— Historic Holt Hotel (Depot District/Landmark)—various site repairs (THC
authorized)
• 615 7th St — Depot Square HD —sewer tap
• 617 7th St — Depot Square HD —fencing/shade sail permits (Landmark authorized)
• 1512 Buchanan —West Floral Heights HD — HVAC change out
• 1605 Buchanan —West Floral Heights HD — backflow/sprinkler replacement
• 1712 Buchanan —West Floral Heights HD — replace water heater
• 1300 Tilden —West Floral Heights HD —driveway approach replacement
• 1509 Tilden — West Floral Heights HD — 60ft sidewalk replacement/drive approach
permits
• 1615 Hayes —West Floral Heights HD — in-kind replacement roof
• 1413 Hayes —West Floral Heights HD —meter panel repair/storm damage
• 408 Morningside (NRHP District) — Information purposes only: backflow
test/replacement
VII. Adjourn
Next regularly scheduled meeting September 26, 2023 — 12 p.m.
Meeting adjourned at 1:08 p.m.
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Michele Derr, Chairperson Date
PAGE 7of7
AGENDA ITEM NO.6.b
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Ordinance amending Sections 11 b-4, 11 b-6, and 11 b-8 of
Ordinance No. 52-2023, the fee schedule applied to Sanitation,
Sewage, & Stormwater; providing for severability; providing that
such Ordinance shall not be codified; and providing an effective
date.
INITIATING DEPT: Legal
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice effective governance
COMMENTARY: City Staff has identified an administrative mistake in the fee
calculations outlined in Sections 11 b-4, 11 b-6, and 11 b-8 of the Fee Amendment
Ordinance, which was officially passed and approved on September 5, 2023. A revision
to the fee ordinance has been prepared to rectify this error, substituting the inaccurately
computed fees with the correct ones. Furthermore, this amendment has been formatted
using the tracked changes feature to transparently display the incorrect fees that were
initially approved on September 5, 2023, alongside the accurate fees that will take
immediate effect. The amendment encompasses the following adjustments:
11 b. Sanitation, Sewer, and Stormwater
• 11 b-4. Corrects Sewer Service Rates
• 11 b-6. Corrects Water Usage Rates
• 11 b-8. Corrects Industrial Water Reuse Rates
It is important to note that no residents were adversely affected by this oversight, as the
error was identified prior to the implementation of these rates.
® City Attorney
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 7.A
Ordinance No.
Ordinance amending Sections 11 b-4, 11 b-6, and 11 b-8 of Ordinance
No. 52-2023, the fee schedule applied to Sanitation, Sewage, &
Stormwater; providing for severability; providing that such
Ordinance shall not be codified; and providing an effective date
WHEREAS, the City Council previously enacted Ordinance No. 52-2023 on
September 5, 2023, to provide an updated fee schedule necessary to provide for
services and regulated programs; and,
WHEREAS, it has come to the attention of City Staff that a clerical error occurred
in the calculation of the Sewer Service Rates, Water Usage Rates, and the Industrial
Water Reuse Rate listed in Section 11 b of said fee schedule, increasing the rates by
the incorrect percentage; and,
WHEREAS, the administrative error was identified and rectified before the
erroneous rates could go into effect, ensuring that no harm has been caused to the
citizens; and,
WHEREAS, City Staff has studied the cost of providing the services and
enforcing the regulatory schemes which are currently not being covered by the existing
fees; and,
WHEREAS, after receiving and reviewing the aforementioned costs, the City
Council finds that the fees established herein do not exceed the amount reasonably
necessary to provide the services and administer and enforce the regulatory programs
to which they are related; and,
WHEREAS, the City Council finds that the fines, fees, and rates described
herein are necessary to provide for the services and regulated programs and further
finds that any discrimination established against non-residents in fee amounts does not
provide funds that exceed the taxpayer-funded amount of the described programs; and,
WHEREAS, in order to meet budget requirements for Fiscal Year 2024, an
emergency shall be declared, and this Ordinance shall become effective on October 3,
2024, upon its passage and publication.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The following schedule of fees and charges of section 11 b of Ordinance No.
52-2023 shall be amended and adopted for all City operations, which are authorized to
create or enforce such fees by state or federal law or by the Code of Ordinances:
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 7.A
11 b. Sanitation, Sewage, & Stormwater
11 b-4. Sewer Service Rates:
(1) Retail User Monthly Minimum $8.6205 $8.30 per full billing cycle
(2) Monthly Sewer Usage Rate(Non-Residential) $2.006 $1.9,; for each
100 cubic feet of water
(3) Monthly Sewer Usage Rate (Residential) based upon the average
winter months' water usage
11 b-6. Water Usage Rates:
(1) The minimum monthly bill for all metered treated water service shall be as
follows, exclusive of any water volume charge:
Meter Size (inches) 1 Minimum Bill
3/4 $20.50 $19.75
1 $4a-53 $40.00
1'/2 $76.56 $73.75
2 $118.60 $114.24
3 $216.73 $208.78 I
4 $366.9-1- $343.80 I
6 $707.30 $681.351
8 $1,253.96 $1,207.941
10 I $1,95/1.92 $1,883.18 I
(2) For consumption, the rates per 100 cubic feet for single-family units and
multi-family units up to four units shall be at an inclining block rate as
follows:
• First 200 cubic feet of water at $47 $4.01 per hundred.
• Next 800 cubic feet of water at$4,36 $4.20 per hundred.
• Next 1 ,000 cubic feet of water at$457 $4.40 per hundred.
• Next 2,000 cubic feet of water at $'1.99 $4.81 per hundred.
• Next 2,000 cubic feet of water at$5.27 $5.08 per hundred.
• Next 6,000 cubic feet and above of water at $5.60 $5.39 per
hundred.
• Specific use meters installed for lawn sprinklers, swimming pools,
and other nondomestic uses will also be billed at the inclining
block rate described above.
(3) For Reilly Road Water Fill Station customers, the rates shall be:
• City residents $7.71 per thousand gallons of water.
PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 7.A
• Non-city residents $15/10 $14.84 per thousand gallons of
water.
• Non-resident service fee $28.61 $27.56 per month.
(4) For multi-family units having 5 or more units, and all other non-residential
use meters, the rate shall be a flat rate of$4,46 $4.30 per hundred cubic
feet.
(5) During the first and last billing cycle in which an account is active, the
minimum monthly bill shown in this section shall be prorated for the
number of days the account is active; the prorated daily charge shall be
based on a 30-day month. The amount charged in the first and last
billing cycle for water consumed and the prorated minimum bill shall not
exceed the charges for the same amount of water in a full billing cycle.
(6) The current rate structure for raw water retail customers inside the
corporate city limits is as follows:
• Minimum bill, per month $20.50 $19.75
• Volume charge per 100 cubic feet for consumption $0.60 $0.57
• Retail treated and raw water customers outside the corporate city
limits will pay two times the above rates.
(7) Wholesale Water Rates: The following rates are approved for the
indicated category of wholesale water customer, and shall apply unless
a contract expressly provides for fees to be charged or calculated in a
different manner than as shown below:
Category Per 1,000 100 Cubic
Gallons 1Per
Feet
[Treated water transmitted (TWT) NA $4.2470
Raw water only (RWO) I$0.6924 I NA
The rates in the above part of this section shall apply to the following contract
customers. Unless otherwise shown, the applicable rate will be effective during
the first full billing cycle after October 1 of the year in which the rate was
modified, and thereafter:
Customer Rate Category Remarks
Sheppard Air Force Base TWT, sole Pump station meter
(SAFB) i source
Sheppard Air Force Base TWT iCapehart housing meter
Sheppard Air Force Base TWT Puckett Tower Meter
Archer Co. Municipal Utility TWT
Dist. #1
City of Burkburnett 1TWT 1
rEean Dale Water Supply TWT
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 7.A
Corporation
Friberg-Cooper Water TWT
Supply Corporation
TC-ity of Holliday 1TWT
City of Iowa Park TWT, sole
source
City of Lakeside City TWT
Town of Pleasant Valley TWT
City of Scotland TWT
City of Olney RWO
City of Archer City RWO
Red River Authority of TWT Lake Arrowhead System
Texas
Windthorst Water Supply TWT
Corporation
Wichita Valley Water Supply RWO ]Lake Kickapoo Meter
Corporation
Wichita Valley Water Supply TWT Wranglers Retreat Meter
Corporation
(8) Credit Card Convenience Fee $3.25 per transaction.
(9) City Utilities Division Fees for Service:
• Standard water tap: A three-quarter-inch or one-inch water tap that
does not exceed 15 feet of service line. Excavation is performed
in soil using a backhoe and no additional construction (e.g.
cutting of asphalt or concrete; underground boring or specialized
construction to avoid other utility lines, etc.) is required.
Size of Tap
3/4" $1,593
1" 1$1,695
• Non-standard water tap: A water tap that is larger than one inch or
that includes a service line longer than 15 feet; requires
underground boring, breaking of concrete or asphalt in street,
alley or behind curb, or other non-standard construction
techniques such as carrier pipe encasement or excavation by a
means other than backhoe Determined by job estimate using
standard charges.
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 7.A
• Standard sewer tap: A sewer tap installed on an existing sewer
main line or manhole using standard equipment and materials
where the property owner or agent has excavated and no
additional preparation by the city is required, and where the
excavation meets OSHA standards for trench/excavation safety.
Type of Tap
Pipe $160.10
Manhole ]$340.00
• Non-standard sewer tap: A sewer tap where non-standard
equipment or materials are required; additional preparation by the
city is required; or trench/excavation safety to meet OSHA
standards must be achieved by the city Determined by job
estimate using standard charges.
• Standard charges for labor, equipment and materials. The following
standard charges for labor, equipment and materials will be used
to estimate non-standard water and sewer taps and other special
utility-related services:
Item Charge
Labor (Normal duty hours) ?$23.50/hour
Labor (Overtime) 7-$35.00/hour
Materials Current cost City + 10% for
Administration & Warehousing
Backhoe/ditcher/front-end loader $63.50/hour (4-hour min.)
Crew truck with tools '$40.00/day (1/2 day min.)
Sewer rod truck, or jet cleaner $80.00/hr (Normal duty hours)
with crew $112.50/hr (Overtime)
Sewer Recycle Unit with crew $160.00/hr (Normal duty hours)
$225.00/hr (Overtime)
Air compressor $33.00/hr (2-hour min.)
Tap machine (6" and smaller) $200.00/job
Tap machine (larger than 6") $364.00/job
Lighted arrow board $132.25/day (1/2 day min.)
Standard barricading of $86.00/day (1/2 day min.)
excavation: use of not more than
3 Type I barricades w/lights as
necessary and/or plastic fencing,
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. 7.A
3 standard traffic signs and 6
standard traffic cones. Includes 1
on-site check per day.
Standard manhole (5' deep) $2,148.34 plus $380/ft. over 5'
Fire Hydrant (installed) Determine by job estimate using
standard charges
• Standard charges for general services: The price for the general
utility-related services shown below will be as indicated:
Service Charge
Meter size reduction or Determine by job estimate using
increase standard charges
Underground boring without $476.10/job
casing (up to 60') (for 1" and
less)
Underground boring without
casing Diameter in Inches X $4 +
$4/linear foot
Underground boring with Boring cost plus materials cost
casing
Shoring (if required for other $264.50/day
services)
Backfill and Pavement Repair:
Labor (Normal duty hours) $23.50/hour (2-hour min.)
Labor (Overtime) $35.00/hour (2-hour min.)
Materials Current cost City + 10% for
Administration and Warehousing
Bckhoe/Front End Loader $63.50/hour (2-hour min.)
Dump Truck $74.00/hour (2-hour min.)
Crew truck with tools ]$20.00/hour (2-hour min.)
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 7.A
Pavement repair for water tap $525.00/job min.
Unload septic waste from $0.08 per gallon for loads
vacuum truck at City originating within city limits; $0.16
Wastewater Treatment Plant per gallon for loads originating
outside city limits
Laboratory testing of septic Commercial lab cost plus 10% for
loads with excessive levels of administration and handling
FOG, TSS, or BOD or with
other constituents not
acceptable at plant.
Dewatering and disposal of N/A - refer customer to private
grease and/or grit waste at Type 5 facility
City Waste-water Treatment
Plant
Returned check (no cut-off $30.00
required)
Cut-off/reconnect as per $30.00
request of customer
Service Disconnect and $30.00 plus $20.00 extra if same
Restoration Fee day reconnect requested
Remove meter (up to and $66.00 plus deposit or payment
including 1")
Remove meter (larger than 1 than by job estimate using
standard charges
Meter Reset for Pre-existing r$500.00, unless within 5 years
Residence (up to and after removal of the meter
including 1")
Meter Reset for Pre-Existing Determine by job estimate using
Residence (larger than 1") standard charges
Padlock and saddle damage $37.00
Water-off lid (customer $53.00
damage)
Cut-off/replacement (customer $125.00
damage)
Meter damage (customer '$66.00 plus parts
tampering) up to 1"
Remove/install cut-off and $190.00
install/remove plug customer
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 7.A
service line (up to 1")
Additional measures to i Determine by job estimate using
prevent illegal use of water standard charges
Meter test (of accurate meter) $72.75
(up to 1")
Meter test (of accurate meter) Determine by job estimate using
(larger than 1") standard
Reread (reading accurate) 1$20.00
Establish temporary water $30.00 (includes establishment of
Account account, turn-on/turn-off of water)
Deposit for Fire Hydrant Meter 1$1,900.00 meter deposit plus
$100.00 billing deposit
Manual invoicing (minimum 1$22.50/hr., 1 hr. min.
charge)
Standard barricading of $86.00/day (1/2 day Min.)
excavation: use of not more
than 3 Type I barricades
w/lights as necessary and/or
plastic fencing, 3 standard
traffic signs and 6 standard
traffic cones. Includes 1 on-
site check per day.
11 b-8. Miscellaneous Water/Sewer/Sanitation/Stormwater Fees:
(1) New landscaping fee during Stage 1 & 2 drought... ...$50
(2) New Landscaping Water Rate during Stage 2 ...3 x normal rate over 10
ccf
(3) Stormwater fee ... ... ....$5.00 per unit. Maximum commercial fee ... ...
$1 ,666.65 per month
(4) Street Sweeper Fee $95.00 per hour. Minimum 2-hour charge.
(5) Engineering Construction Bid Plan Set .... $35.00
(6) Late Payment Fee .... $25.00 for every 30 days after due date
(7) Municipal Settings Designation (MSD) Application Fee $2,500.00
(8) Industrial Water Reuse Rate.... $4 7 $4.11/1000 "
(9) Water Bacteriological Analysis .... $60.00 per test
2. The fee schedule established by this Ordinance shall be made available to the
public through the Office of the City Clerk and be published online in such a manner as
to be available to the public.
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 7.A
3. Should any section or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, that decision shall not affect the validity of the
Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
4. To the extent that the Code of Ordinances establishes the existence of a fee,
this Ordinance will govern the amount of that fee, but this Ordinance shall not be
codified.
5. An emergency is declared, and this Ordinance goes into effect on October 3,
2023.
PASSED AND APPROVED this 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 10 OF 10 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to execute the Joint
Funding Agreement for Water Resources Investigations, Number
24SJJFATX039000, with the U.S. Geological Survey for$88,673.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: Complete Public Improvements Projects
COMMENTARY: For 34 years, the City of Wichita Falls has participated in funding
existing gauging stations operated and maintained by the U.S. Geological Survey
(USGS). The stations the City has historically participated in funding are listed below:
■ Wichita River:
@ FM 368
@ Loop 11
@ Seymour Texas
■ Little Wichita River:
@ Hwy 79
@ Lake Arrowhead
@ HWY 287
■ Holliday Creek
■ Diversion Lake near Dundee, TX
■ South Wichita River near Benjamin, TX
The purpose of the stations is to monitor lake levels, track water rights requirements,
monitor water quality, and serve as a flood warning system. Additionally, the water quality
monitoring is essential to track the water pH and conductivity for the City's Reverse
Osmosis (RO) Plant at Cypress Water Treatment Plant that discharges into the Wichita
River. This data will assist with future permit renewals and approvals potentially impacting
the RO Plant operations.
The regional USGS gauge locations are depicted on the attached map.
The total cost to operate and maintain the stations for 2023-2024 is $116,090.00. The
City will fund $88,673.00 for the annual operations and maintenance costs which has
increased by$2,210 from the previous year for the water quality monitoring on the Wichita
River at Loop 11 . The USGS funds $27,417.00.
PAGE 1 OF 7 PAGES
AGENDA ITEM NO. 8.A
Funding for this agreement is budgeted from two funding sources; Water/Sewer Fund
and Stormwater Utility Fund in the amount of $88,673.00. Staff recommends approving
the Joint Funding Agreement with the USGS in the amount of $88,673.00 for the annual
maintenance and operations of nine gauging stations.
® Director of Public Works
ASSOCIATED INFORMATION: Resolution, Agreement, and Location Map
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 7 PAGES
AGENDA ITEM NO. 8.A
Resolution No.
Resolution authorizing the City Manager to execute the Joint Funding
Agreement for Water Resources Investigations, Number
24SJJFATX039000, with the U.S. Geological Survey for $88,673.00
WHEREAS, the City of Wichita Falls desires to enter into joint funding agreement
with the U.S. Geological Survey to operate and maintain a series of stream flow and
reservoir-content gauging stations within the Little Wichita River Water Shed; and,
WHEREAS, U.S. Geological Survey is proposing to do this work for an amount of
$88,673.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Joint Funding Agreement for Water Resources Investigations, Number
24SJJFATX039000, with the U.S. Geological Survey is approved in the total amount of
$88,673.00, and the City Manager is authorized to execute the agreement with the said
agency for the operations and maintenance of such gauging stations.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 7 PAGES
AGENDA ITEM NO. 8.A
Form 9-1366 U.S.Department of the Interior Customer NI:6000000609
(May 2018) U.5,Geological Survey Agreeme nt x:245J1 FAT14a3D000
Joint Funding Agreement Project 11:5J0439ME
FOR TIN p=7 5-6 00 0 714
Water Resource Investigations
Fixed cost Agreement Yes[x]No[ I
THIS AGREEMENT is entered into as of the October 1,2023,by the U.S.GEOLOGICAL SURVEY,Oklahoma-Texas
Water Science Center,UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part and the City of
Wichita Falls party of the second part
1.The parties hereto agree that subject to the availabiity of appropr at ons and in accordance with their respective
authorities there shall be maintained in cooperation Water Resource Investgations(per attachment).here n called
The program.The USGS legal authority is 43 USC 36C:43 USC 50,and 43 USC 50b.
2.The foiowlig amour shall be contrbuted to cover all of the cost of the necessary feld and analytical work
directly related to this program.2fb:include In-Kind-Services in the amount of$0.03
(a) $27,417 by the party erne first part during the period
Oeic ter ',2023 to September 30.2024
(b) $38,673 by the party of the second part during the period
October 1,2023 to September 30.2024
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the arnarnt of:$0
Description of the USGS regionaVrsational program:
(d) Additional or reduced amaurts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The peromrance period may be changed by mutual agreement and set forth n an exchange of letters
between re parties-
3.The costs o=this program may be pad by either party in conformity w th t-e laws and regulations respectively
governing each party.
4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5.The areas to be included in the program shall be detemnned by mutual agreement between the parties hereto or
their authorized representatives.The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement,
6.During the course a`this program,all field and analytical work of either party pertain ng to this program shall be
open to the inspeciic-c=the other party.and if the work is not being carried on in a mutually satisfactory manner,
either party may termriate this agreement upon 60 days written notice to the other party.
7.The original records resulting from this program will be deposited in the office of align of those records.Upon
request,copies of the prig nal records will be proviced to the off ce of the other party.,
B.The maps,records or reports resulting from this program shall be made avalable to the public as promptly as
poss isle.The maps,t «• ds or reports no/maiy wit be published by the party of the=brat part.However,the party of
the second part reserves the right to publish the results of this program,and if already a..blis^ed by the party of the
first part shall,upon request,be furnished by the party of the first part,at cost,impressions sw ita ole for purposes of
reproduction einilar to that for which the anginal copy was prepared.The maps.I '•cds or reports pub shed by
either party shall contain a statement of the cooperative relations between the parties.The Parties acknowledge that
scientific information and data developed as a result of doe Scope of Work(SOW)are subject to applicable USGS
review,approval and release requirement,,which are available on the USGS Fundamental Science Practices
website ihtfps:iwww2.usas..povlfsp[l.
PAGE 4 OF 7 PAGES
AGENDA ITEM NO. 8.A
Form 9-1366 U.S.Department of the Interior Customer e:60000(10609
(May 2018} U.S.Geological Survey Agreement Jr:245J1FAT%43940O
Joint Funding Agreement Project#'SJUOBME
FOR TIN#: 754000714
Water Resource Investigations
9.Riling for this agreement Iva be rendered quarterly. I nuoiaes not paid within 60 days from the biing date will bear
Interest,Penalties,and Administrative cost at the annual rate pursuant the Debt Cofecr on Act of 1982,foodified at
31 U.S.C.§3717)established byte U.S.Treasury.
USGS Technical Point of Contact Customer Technical Point of Contact
Name: Ma•sha G Esc- Name: Teresa Rase.P.E.
Branch Ch of-Nc lh Texas Deputy Director
Address: 501 W.Fe x Street Bldg 24 Address: 1300 7th Street
Fart Worth,T{76115 Wichita Falls,TX 76307
Telephone: (682)444-6392 Telephone: (940)761-7477
Fax: (682)310 5022 Fax: (94O)T61-6873
Email: mgipson(usgs.gou Emait teresa.rose xichita'allstK.gou
USGS Billing Point of Contact Customer Billing Point of Contact
Name: Kandis Becher Name: R..ssel Schreiber
Budget Analyst C recto'c=Public Works
Address: 501 W.Felix Sweet Bldg24 Address: PO BOX 1431
Fort Worth,TX 70115 Wichita Falls,TX 78307
Telephone: (682}316-5051 Telephone: (940)761-7477
Fax: (682}316-5022 Fax: (940)761-6873
Email: kkbeohe usgs-goy Emait russell.sdireibergrwichitafallstx.gou
U.S-Geological Survey
United States City of Wichita Falls
Department of Interior
Signature Sitynatures
iHY DrrZ 71[17
rw�onrr nags
RAINES
By x Date: By Date:
Name:T'noihy H Raines Marne:
Tide:Director Title:
By Date:
Name:
Title:
By Date:
Name:
Title:
PAGE 5 OF 7 PAGES
AGENDA ITEM NO. 8.A
City of Wichita Falls
24SJJFATX039000
City of
Station No. Riff- USGS Wichita
Number description Code Units Factor Funds Falls Funds Total Cost
001: SURFACE WATER
D7311801) 3 Wichita Rv nr Benjamin,T<
Full Range StreamflowStation QCONT 0.68 1 $5,400 $5,700 $1 1,100
US ACE Tulsa funds$5200}
Site Totals: $5,400 $5,700 $11,100
137311900 Wichita River near Seymour,T{
Full Range StreamflowStation QCONT 0.68 1 $3,000 $0,100 $11,100
(US ACE Tulsa funds 55200)
Site Totals: $3,000 $8,100 $11,100
07312109 Diversion Lake near Dundee,TX
Reservoir Stage Only RES-E 0.37 0.9 $1,037 $1,203 $2,240
(USAGE Tulsa funds$3336)
Site Totals: $1,037 $1,203 $2,240
0.7312330 Wichita Rv at FM 368 nr Iowa Park,TX
Stage,Continuous STGCONT 1 1 50 $7,8013 $7,80D
Site Totals: $0 $7,000 $7,800
D7312610 Halliday Ck at Wichita Falls,T{
Full Range StreamiiowStation CCONT 1 1 50 516,30D 516,3013
Site Totals: $0 $16,300 $16,300
D73145013 Little Wichita River near Archer City,TX
Full Range 5treamllawStation CCONT 1 $5,886 5113,415 516,301)
Site Totals: $5,885 $10,415 $16,300
D7314800 Lake FvroMtead near Henrietta,TX
Reservoir Stage Only RES-E 1 S410 $6,3413 $6,751)
Site Totals: $410 $6,340 $6,750
D7314500 Little Wichita River above Henrietta,TX
Full Range StreamflowStation CC ONT 1 SF,o35 5'C.-0'5 5 5.30C
Site Totals: $5,8135 $10,415 $16,300
SURFACE WATER TOTAL $21,617 $6.6,273 $87,890
003: WATER QUALITY
D73125130 Wichita River at Wichita Falls,TX
O&M of Water-Quality MonitorT,SC WOMON2 1 S.T,600 $113,961) $10,751)
Collection and analysis off Water-Quality Samples WQSPER 6 1 511,461) 511,461)
Major dissolved inorganic ions 31022 6 1
Dissolved nutrients and orthophosphate 31034 6 1
Site Totals: $5,800 $22,400 $213,200
WATER QUALITY TOTAL $5,800 $22:400 $28:200
CITY OF
WICHITA
USGS FALLS TOTAL
PROJECT FUNDS FUNDS COST
SURFACE WATER:00180 521.E 17 S66,273 $87,890
WATER QUALITY:00380 $F.80C S22,400 $213,200
PROJECT TOTAL $27,417 $88;673 $116,090
PAGE 6 OF 7 PAGES
AGENDA ITEM NO. 8.A
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CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to execute Professional
Services Agreement to Biggs and Mathews Environmental, Inc. for
engineering services for the City of Wichita Falls Landfill in the
amount of $78,000.00.
INITIATING DEPT: Public Works / Sanitation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The City of Wichita Falls Landfill requires annual environmental
engineering services for testing, surveying, and reporting in order to meet Texas
Commission on Environmental Quality (TCEQ) regulations. Annually, the City is required
to submit data and reports on air permitting, landfill capacity evaluation, and groundwater
monitoring. The air permitting requirements include a Greenhouse Gas (GHG) Summary
Report, Emissions Inventory, Air Emissions/Inspection Fee Basis Form, Federal
Operating Permit Annual Compliance, Tier II Testing Report, and other air permits as
required by the EPA and TCEQ. The landfill capacity evaluation requires on-site ground
survey, capacity calculations, and waste-fill drawings. Annual groundwater monitoring
includes sampling, testing, analytical evaluation, and reporting on existing monitoring
wells. The basic services for the annual requirements in 2024 are expected not to exceed
$78,000.
Biggs and Mathews Environmental, Inc. have performed these services for the City for
the past 20 plus years. The staff has been very pleased with the level of service from
Biggs and Mathews Environmental, Inc. They are highly qualified and maintain expertise
to complete these services within the timeline specified while adhering to TCEQ's
reporting processes.
Staff recommends award of the agreement to Biggs and Mathews Environmental, Inc. in
the amount of $78,000.00 for FY 2023 - 2024 basic services. These costs have been
included in this year's budget.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.B
Resolution No.
Resolution authorizing the City Manager to execute Professional
Services Agreement to Biggs and Mathews Environmental, Inc. for
engineering services for the City of Wichita Falls Landfill in the
Amount of$78,000.00
WHEREAS, the City of Wichita Falls has determined that Biggs and Mathews
Environmental, Inc. is qualified to provide Engineering Services for the City of Wichita
Falls Landfill; and
WHEREAS, it is found that the Engineering Services to complete the sampling,
testing, and reporting for the City of Wichita Falls Landfill is an estimated total of
$78,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The engineering services for the City of Wichita Falls Landfill is awarded to Biggs
and Mathews Environmental, Inc., in an estimated total amount of $78,000.00, and the
City Manager is authorized to execute a contract for the City with said Contractor for the
design of such project.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.B
CITY COUNCIL AGENDA
OCTOBER 3, 2023
ITEM/SUBJECT: Resolution authorizing the purchase of a Powdered Activated
Carbon feeder for the Cypress Water Treatment Plant, from Norit
Americas Inc., in the amount of $102,550.00.
INITIATING DEPT: Public Works and Finance/Purchasing
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: The City of Wichita Falls has undergone a transformational period of
ascertaining and attenuating a wide variety of compounds that can produce undesirable
taste and odors in the drinking water supplied to our customers. One of the treatment
processes that has been extremely effective at eliminating these tastes and odors is the
addition of Powdered Activated Carbon (PAC).
Last fiscal year (22/23), Water Purification leased a new PAC feeding unit to test the
feeding accuracy and ease of operation. This testing period has proven to be successful.
The unit is quick to be brought online and easy to operate. The feeding mechanism is
much more precise than the previous method of feeding PAC, which has led to a reduction
of "overfeeds" and lowered the cost of using this expensive chemical in treating drinking
water. The operation of this unit is also much safer for our employees.
Therefore, Water Purification would like to exercise the purchase option in last year's
lease-to-purchase contract. Last year's lease payment would be applied to the overall
cost of the feeder unit.
The purchase of the PAC feeder is currently budgeted in Water Purifications FY23/24
normal operating budget for $110,000.00. The quote for the remaining purchase price
for the PAC feeder is $102,550.00, which is below the FY23/24 budgeted amount.
Therefore, staff recommends award of the purchase of a PAC feeder to Norit Americas,
Inc., at a cost of $102,550.00.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 7 PAGES
AGENDA ITEM NO. 8.0
Resolution No.
Resolution authorizing the purchase of a powdered activated carbon
feeder for the Cypress Water Treatment Plant, from Norit Americas
Inc., in the amount of $102,550.00
WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Adequate
Infrastructure; and,
WHEREAS, the City desires to continue to have a reliable treatment system to
produce drinking water, and,
WHEREAS, the City desires to produce drinking water for its citizens that is as free
of taste and odors as can be achieved, and,
WHEREAS, it is in the best interest of the City of Wichita Falls to exercise the
purchase option of a previous lease-to-purchase contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City staff is authorized to execute all documents necessary to purchase the
Powdered Activated Carbon feeder at Cypress Water Treatment Plant from Norit
Americas, Inc., in the amount of $102,550.00.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 7 PAGES
AGENDA ITEM NO. 8.0
Hydraulic Pia-PAC"' OR IT
NAI 222O9,Rev A i iE—J.'{rEO C0.1KR
Proposal
Hydraulic
P RTA-PA TM
Lease System
for the
City of Wichita Falls
in
Texas
3aju UnlversItu Ave,Marshall, I: I 1(BM MI 9215
LV: norll.00m
PAGE 3 OF 7 PAGES
AGENDA ITEM NO. 8.0
Hydraulic Porta-PACC"
Bid Proposal GRIT
NAI-22209, Rev A RCTI'fT rtaar�
Norit Americas Inc. does hereby propose to sell the existing equipment, property number 2021-04,
currently under lease by,and on the property of,the undersigned.
EQUIPMENT PRICING(USD):
HYDRAULIC PORTA-PACT SYSTEM,MSRP: $109,500.00
FIRST LEASE PAYMENT DISCOUNT: -$6,950.00
EQUIPMENT AGE/CONDITloN DISCOUNT: NJA TOTAL CONTRACT AMOUNT: $102,550.00
This proposal does not include taxes.
The included NORITAmericos Inc GENERAL TERMS&CONO1TIONS OF SALE shall govern.
All equipment is warranted fora period of one(1)year from date of purchase.
This proposal is valid from:September 6,2023,thru November 30,2023.
Acceptance of Proposal
Both parties hereby accept the above pricing and conditions.
City of Wichita Falls Signature Date:
4801 Big Ed Neal Drive
Wichita Falls,TX 76310 Name:
Title:
NORIT AMERICAS INC. Signature Date
3200 University Avenue
Marshall,Tx 75670
Name:
Title:
3200 University Ave,Marshall,TX 75670,USA -': +1 5C,71_-1 92 9'
PAGE 4 OF 7 PAGES
AGENDA ITEM NO. 8.0
NORIT AMERICAS INC. OR IT
T
STANDARD TERMS AND CONDITIONS OF SALE 1 1
ACTIVATED P.F.E0R1
FOR NORTH AMERICA
1, Application;Conflicting Terms.
These terms and conditions shall apply to all sales agreements,acknowledgements,or confirmations which incorporate or
reference these terms(each,an"Agreement")and all other sales of goods("Products")by FIORIT Americas Inc cc one of
its affiliates or subsidiaries(each,a"Seller")to a party or parties purchasing Products{each,a"Buyer"),unless otherwise
agreed in writing signed by an authorized representative of Seller. Any representations,warranties, conditions or
indemnities or other terms or conditions proposed or stated by Buyer in connection with any sale of products by Seller
or in any purchase order or other document sent by Buyer which are in conflict with the these terms and conditions are
expressly rejected by Seller and waived by Buyer.Any waiver,.od:fication or amendment of these terms and conditions
shall only be effective as against Seller if such waiver,modification or amendment is contained in a written instrument
duly executed by an authorized representative of Seller.These terms.and conditions shall survive any termination(by
mutual agreement or otherwise)or expiration of an Agreement.
2. Contract Formation_
A quotation oy Seker does not constitute an offer and Seller reserves the right to withdraw or revise any quotation prior
to time of Seller's acceptance of an order from Buyer.A contract for the sale of Products shall he formed at the time
when Buyer's order is confirmed in writing or by means of electronic acknowledgement by Seller, or the date Seller
releases the order for shipment,whichever occurs first
1, Price,
Seller reserves the right to revise the price, point of delivery,shipment and payment terms hereunder upon written
notice to Buyer.Unless other pricing arrangements are set forth in Seller's order acknowledgement,the price applicable
to any order accepted under an Agreement shall be the price in effect on the scheduled shipment date stated in Seller's
order acknowledgement.Unless Seller has agreed to pay for the costs of delivery,Buyer shall be responsible for payment
of all freight charges,and any freight charges incurred by Seller shall be for the account of Buyer and shall be added by
Seller as a separate item to Seller's invoices.
Any tax, tariff, duty or charge which Seller may be required to pay or collect, now or hereafter imposed by any
governmental authority or agency,foreign or domestic, with respect to the sale, purchase, production, processing,
storage,delivery,transportation,use,or consumption of any of the Products or services covered hereby,including all
taxes upon or measured by receipts from sales or services,shall be for the account of Buyer,and any such charges may be
added by Seller as a separate item to Seller's invoices.
4. Delivery;rrtle:and Riks.
If an Agreement provides for multiple shipments over a period longer than a month,Seller shall not be required to ship
Products in any month more than the monthly quantities specified,and if monthly quantities are not spec'fied in an
Agreement,in no event more than the monthly pro rata amount of the whole quantity covered by an Agree-gent_In the
event of failure of Buyer to take pro rata quantity in any month,such deliveries or parts thereof may be canceled or
included in subsequent deliveries hereunder at Seller's option_Each delivery under an Agreement shall be deemed to be a
separate transaction,and the cancellation or rejection of any delivery shall not affect the rights and obligations of the
parties under the Agreement as a whole.
Except as set forth in an Agreement,all stated delivery terms leg ENV,FCA,etc.)shall have the meanings set forth in
INCOTERMS 2010,with title to Products passing to Buyer at the point risk passes under the applicable Inooterm.If no
I ncoterm is specified,the applicable Ineoterm shall be Ex-Works,Norit's facility.Seller's weight designation shall govern.
Dates proposed by Seller for shipment are approximate and Seller shall not be liable for any delay in shipment or delivery
of Products.Time for delivery shall not be of the essence.
S. Paprrent
Unless otherwise agreed in writing by Seller, invoices are issued on the date an order is released for shipment,and
invoices are payable in full within thirty I30J days of date of the invoice and payable in United States Dollars_(unless a
different currency is specified in the invoice),free of foreign exchange fees,discounts,or other charges.Seller may alter
or revoke credit terms at any time without notice_Buyer shall not have the right to suspend,retain or set off any amounts
that are due.If Buyer fails to pay any invoice in full when due,or if Seller shall have any doubt at any time as to Buyer's
financial responsibility or capability,Seller may,without prejudice to any other lawful remedies,defer and/or decline to
make further sh ipment(s),or treat such default as a final refusal by Buyer to accept further shipments hereunder.Seller
reserves the right to request payment or other form of security prior to delivery.In addition,Seller may charge a late fee
specified on the invoice on any overdue amounts.
Rev:March 2022 1
PAGE 5 OF 7 PAGES
AGENDA ITEM NO. 8.0
MORIT AMERICAS INC. 0 1\I T
STANDARD TERMS AND CONDITIONS OF SALE
FOR NORTH AMERICA
6. Force Mafeure.
Seller shall not be liable for any failure to perform or delays in its performance due to forces of nature,acts of God.
strikes,lockouts,acts of the public enemy,wars,blockades,acts of terrorism,insurrections,riots,epidemics,landslides,
lightning, earthquakes, fires, storms, floods or washouts, acts, restraints or requirements of any government or
government agency,civil disturbances,explosions,breakage or accident to machinery or lines of pipe,unavailability of
raw materials or supplies,strandings,perils of the sea,the binding order of any court or governmental authority,or any
other causes or contingencies, whether similar or dissimilar. beyond Seller's reasonable control {a "Force Majeure
Event"].Failure to prevent or settle any labor disputes]or strike{s)shall not be considered a matter within the control of
the Seller.In the case of a Farce Majeure Event Seller may,in its sale discretion,upon written notice to the Buyer,cancel,
delay,reduce or modify its deliveries to Buyer without liability far any damages whatsoever.
Warranty,Claims;Limitation of Liability;and Material Safety Data Sheet.
{a} limited Warranty.(i}The Seller warrants that all Praducts to be supplied by Seller to Buyer shall,on the date an
order is released for shipment,meet Seller's standard p rod uct specifications for such Product then in effect,or such other
specifi®tions that have been expressly made a part of an Agreement.Seller also warrants title to the Products free and
clear of all liens,restrictions,reservations,security interests or other encumbrances,except for any security interest in
favor of an unpaid seller of goods arising under applicable law.Claims in respect of any Products at any time sold or
agreed to be sold by Seller,whether in contract.tort or otherwise{including negligence or misrepresentation],including
claims on account of weight,quality,loss or damage to said Products,are waived by Buyer unless made in writing within
30 days after arrival thereof at destination.In case of a timely claim concerning quality,Buyer shall promptly furnish to
Seller appropriate samples of nonconforming Product for testing and analysis. {ii) Seller makes no warranty,either
express ar implied, as to the accuracy or completeness of, ar the results ta be obtained from, any technical advice
furnished or recommendations made by Seller or a representative of Seller concerning any use or appliretion of the
Products.Buyer assumes full responsibility for quality control,testing and determination of suitability of a Product for
Buyer's intended application or use.{iii}The wa rranties set forth in this paragraph 7(a)extend only to the Buyer.
(b) Disclaimer of Other Warranties.Representations and Conditions.THE LIMTTEDWARRANTY ABOVE SETS FORTH
THE SOLE WARRANT`'OF SELLER WITH RESPECT TO ANY PRODUCTS AT ANY TIME SOLD TO BUYER OR ANY TECHNICAL
ADVICE FURNISHED OR RECOMMENDATIONS MADE BY SELLER.ALL OTHER WARRANTIES AND REPRESENTATIONS AND
CONDITIONS Of ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING UNDER STATUTE OR UNDER
CONVENTION {INCLUDING THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS}, ARE HEREBY EXPRESSLY EXCLUDED AN❑ DISCLAIMED, INCLUDING WITHOUT UMITATION WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PART!INTELLECTUAL
PROPERTY RIGHTS.THIS SHALL APPLY WHETHER THE PRODUCTS ARE USED ALONE OR IN COMBINATION WITH OTHER
SUBSTANCES OR MATERIALS,EVEN IF THE PURPOSES OR USES OF THE PRODUCTS BY BUYER ARE KNOWN BY SELLER OR IF
SELLER HAS BEEN INVOLVED IN THE ANALYSIS OF THE PURPOSES OR USES OF THE PRODUCTS OR HAS PROVIDED ANY
RECOMMENDATIONS, ASSISTANCE OR INSTRUCTIONS IN CONNECTION THEREWITH. BUYER ACCEPTS AND ASSUMES
ALLRISK AND LIABILITY FOR,AND AGREES TO DEFEND,INDEMNIFY AND HOLD SELLER HARMLESS FROM AND AGAINST,
ANY CLAIMS OR UABIUTIES RELATING EITHER TO BUYER'S USE OF THE PRODUCTS OR TO ANY GOODS MANUFACTURED
BY BUYER CONTAINING ANY OF SELLER'S PRODUCTS-
(c) Limitation of Remedies Sellers liability,and Buyer's sole remedy,for any claim in respect of any Products at any
time sold or agreed to be sold by Seller, is limited ta, at Seller's option (i) replacing the particular quantity of
nonconforming Product or(ii)refunding the purchase price of the particular quantity of nonconforming Product,less the
value,if any,to Buyer of the nonconforming Product-No claim or recovery by Buyer of any kind{whether as to Product
delivered or for non delivery of Product] shall be greater than the purchase price of the Product to which the claim
relates.TO THE MAXIMUM EXTENT PERMITTED UNDER LAW,IN NO EVENT SHALL SELLER BE RESPONSIBLE OR LIABLE TO
BUYER OR ANY THIRD PARTY UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES{INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR OTHER ECONOMIC LO554 EVEN
IF ADVISED OF THE POSSIBILITY THEREOF.
(d) Material Safety Data Sheets and Warnings.Buyer adlnowledges and represents that it has received,read and
understands the Material Safety Data Sheet(s){"MSDS{s]M)far the Praduct(s]and will read and undertake to understand
any subsequent MSOS(s)or written warnings provided by Seller from time to time and undertakes to exercise the degree
of care required to protect persons and properties from all hazards of the Products disclosed in the MSDS(S)or roaming,
Rev_March 2022 2
PAGE 6 OF 7 PAGES
AGENDA ITEM NO. 8.0
NORIT AMERICAS INC. O 1\[ I T
STANDARD TERMS AND CONDITIONS OF SALE
FOR NORTH AMERICA I I'J•7�::c d.e ao:•i
including but not limited to Ii)wamingthe employees of Buyer and its affiliates who may become exposed to the Product
of the said hazards of the Product,providing such employees with copies of the latest MSDS{s)and providing necessary
and appropriate safety equipment and taking appropriate measures to assure that such safety equipment is adequately
maintained and properly used,and[iip warning third parties who may purchase or come into contact with the Product or
who handle or transport the Product on behalf of the Buyer of the aforesaid hazards.Sellers Products are not tested for
safety or efficacy in any applications intended for contact with or ingestion in the human body,including,but not limited
to,food or food contact, tobacco, pharmaceuticals,cosmetics, and mediml applications, unless otherwise stated in
Seller's M SDS1s)or in Seller's Product literature available on Seller's website ww w.rorit_com.
S. Intellectual Property.
(al If any Product itself.as and when sold at Seller's product specifications,becomes the subject of a patent infringement
claim,Seller may, at its sole option and expense,either replace or modify such Product,provide for the return of such
Product and refund the purchase price paid by Buyer,or procure for Buyer the right to continue to use such Product.The
foregoing states Seller's entire obligation and liability with respect to any and all intellectual property claims. Seller
reserves the right,without liability to the Buyer,to discontinue deliveries of any Product or terminate an Agreement with
respect to any Product,if in the reasonable opinion of the Seller,such Product's manufacture,sale or use would infringe
any third party intellectual property right now or hereafter issued.
(b)Buyer shall defend,indemnify and hold harmless Seller from and against all loss,costs,expenses,damages and liability
of any kind arising out of any claims of infringement or alleged infringement of any patent or other intellectual property
right with respect to Ii)the use of Products in any application by Buyer or its affiliates, contract manufacturers or
customers, including but not limited to the use of Products alone or in combination with other substances or
components;[ii)any modification to the Products by Buyer or its affiliates,contract manufacturers or customers;or fill
)
Products furnished, or methods used, by Seller in accordance with the specifimtions or instructions furnished by or
expressly or implicitly prescribed by Buyer.
(c)Nothing herein shall be construed as granting a license to use Seller's trademarks without the express prior written
permission of an authorized representative of NORIT Americas Inc
9. Miscellaneous.
Buyer may not assign its rights and obligations under an Agreement without the prior written consent of Seller.Seller may
at anytime assign its rights and obligations under an Agreement without the consent of the Buyer.An Agreement will be
binding upon and inure to the benefit of the parties'successors and permitted assigns.if any provision of an Agreement
shall he held to be invalid,illegal or unenforceable,the validity,legality and enforceability of the remaining provisions
shall not be affected or impaired thereby.The paragraph headings are for convenience only,they form no part of the
terms and conditions and shall not affect their interpretation.Seller's failure to strictly enforce any term or condition of
an Agreement or to exercise any right arising thereunder shall not constitute a waiver of Seller's right to strictly enforce
such terms or conditions or exercise such rights thereafter.
10. Governing Law;Forum Selection;and Consent to Jurisdiction_
Any claim or dispute arising hereunder shall be governed by the laws of The Commonwealth of Massachusetts,U.SA,
irrespective of the choice of law rules thereof.The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any legal proceedings arising out of or relating in any way to an
Agreement shall be commenced only in federal or state court located where Seller has business operations and each of
the parties hereto consents to the jurisdiction of said courts in any such proceedings and waives any objection to venue
laid therein, provided,however,that nothing in this paragraph shall be construed to preclude either party from asserting
cross claims or third party claims in any forum outside The Commonwealth of Massachusetts,U.SA
Rev:March 2022 3
PAGE 7 OF 7 PAGES
AGENDA ITEM NO. 8.0
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution restructuring the composition of the Wichita Appraisal
District's Board of Directors in compliance with Senate Bill 2.
INITIATING DEPT: City Clerk
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: Senate Bill 2 of the Second Called Special Session of the 88th Texas
Legislature added Tax Code §6.0301 for Appraisal Districts in a county with a population
of 75,000 or more changing the composition of the Wichita Appraisal District's Board of
Directors. The Board currently has nine members appointed from the various taxing
entities, with two of the members being appointed by the City of Wichita Falls. With the
legislative changes, the Board will have nine members, five appointed by taxing entities,
three elected at a general election with the first election being in May 2024, and the Tax
Assessor-Collector. These changes will become effective upon the approval of
Proposition 4 at the November election. Lisa Stephens-Musick, Chief Appraiser, is
present to answer any questions.
® City Clerk
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 8.D
Resolution No.
Resolution restructuring the composition of the Wichita Appraisal
District's Board of Directors in compliance with Senate Bill 2
WHEREAS, the method or procedure of selection and appointing of members
serving to the Wichita Appraisal District's ("WAD") Board of Directors was previously
changed in the 1980's from Texas Property Tax Code § 6.03 to one in accordance with
Texas Property Tax Code § 6.031 ;
WHEREAS, Tax Code § 6.031(b) states: "The taxing units participating in an
appraisal district may increase the number of members on the board of directors of the
district to not more than 13, change the method or procedure for appointing the members,
or both, if the governing bodies of three-fourths of the taxing units that are entitled to vote
on the appointment of board members adopt resolutions providing for the change";
WHEREAS, the WAD's Board of Directors was previously increased in accordance
with Tax Code § 6.031 from five members to nine;
WHEREAS, Senate Bill 2 of the Second Called Special Session of the 88th Texas
Legislature added Tax Code Section 6.0301 for Appraisal Districts in a county with a
population of 75,000 or more. Wichita County's population is greater than 75,000
according to the 2020 U.S. Census.
WHEREAS, when effective, Senate Bill 2 will eliminate Texas Property Tax Code
§ 6.031 in counties with a population of 75,000 or more and will require changes to the
composition of the WAD Board of Directors to be nine members as follows:
Five directors appointed by the taxing units;
Three directors elected by majority vote of the public;
The County Assessor-Collector as an ex officio director.
WHEREAS, to be in compliance with the new board composition requirements of
Senate Bill 2 when it becomes effective, the WAD's Board of Directors should prepare
and decrease the size of appointed members from the current number of 9 to 5 members
that are appointed by the taxing units participating in the appraisal district.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . That the findings and recitals in the preamble of this Resolution are hereby found
to be true and correct and are hereby approved and adopted;
2. For the term beginning on January 1 , 2024, that the Wichita Falls City Council
approves the decrease from nine WAD appointed board members to five appointed
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 8.D
members, in addition to a member being the county assessor-collector in accordance with
§ 6.03 or 6.0301 of the Tax Code;
3. That the Wichita Falls City Council approves the method provided in § 6.03 of the
Tax Code to select members serving on the WAD's Board of Directors;
4. This action voids and rescinds any and all previously agreed upon methods of
WAD Board membership selection and composition.
5. The effective date of this resolution shall be immediate upon adoption and shall
govern the appointment of WAD Board of Director members for the term beginning on
January 1 , 2024.
6. Changes enacted by this Resolution remain in effect until changed in a manner
provided for by the Texas Property Tax Code or January 1 , 2025.
7. That it is hereby found, determined and declared that a sufficient written notice of
the date, time, place and subject of the meeting of the Wichita Falls City Council at which
this Resolution was adopted was posted at a place convenient and readily accessible at
all times to the general public for the time required by law preceding this meeting as
required by chapter 551 , Texas Government Code, and that this meeting has been open
to the public as required by law at all times during which this Resolution and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and posting thereof.
PASSED AND APPROVED this the 3RD day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 8.D
Certificate for Resolution
I hereby certify that the foregoing resolution was presented to the Wichita Falls
City Council during a regularly scheduled meeting on October 3, 2023. A quorum of the
City Council being then present, it was then duly moved and seconded that the resolution
be adopted, and such resolution was then adopted according to the following vote:
Ayes:
Nays:
Abstentions:
To certify which, witness my hand this day of September 2023.
By:
Mayor, City of Wichita Falls, Texas
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 8.D
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WICHITA }
BEFORE ME, a Notary Public, on this day personally appeared, Stephen Santellana,
known to me to be the person whose name is subscribed to the foregoing instrument, and having
been sworn, upon his oath stated that he is the Mayor of the Wichita Falls City Council; that he
was authorized to execute such instrument pursuant to resolution of the City of Wichita Falls, City
Council adopted on October 3, 2023; and that said instrument is executed as the free and voluntary
act and deed of such governmental entity for the purposes expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of October
2023.
Notary Public, State of Texas
PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 8.D
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution authorizing the transfer of ownership of Trustee
properties at 1626 Pearl Avenue and 1807 Clark Street to Home For
Freedom Inc. for the construction of low to moderate income housing
for military veterans.
INITIATING DEPT: Property Administration
STRATEGIC GOAL: Accelerate Economic Development
STRATEGIC OBJECTIVE: Support Neighborhood Revitalization
COMMENTARY: In accordance with Section 272.001 and 253.010 of the Texas Local
Government Code, Home For Freedom, Inc., a Texas Domestic Non-Profit Corporation,
has submitted a request for the City of Wichita Falls, as Trustee, to donate two (2) vacant
parcels at 1626 Pearl Ave. and 1807 Clark St. for the construction of new homes for
military veterans.
This item relates to two (2) trustee properties:
• 1626 Pearl Ave. (struck-off value: $11 ,485.85, land market tax appraisal:
$2,000.00, Struck off Date: 07/07/2020)
• 1807 Clark St. (struck-off value: $3,425.30, land market tax appraisal: $2,000.00,
Struck off Date: 07/07/2020)
Staff requests the City Council approve the conveyance of the properties above.
To convey the properties for less than a minimum bid requires the approval of all three
taxing entities.
• August 28, 2023 County Commissioner's Court approved
• September 12, 2023 WFISD School Board approved
The properties will be conveyed "as is" via Quitclaim deeds as abstracts, surveys, and
title policies are not furnished by the City. The proposed non-profit is in good financial
standing with the City of Wichita Falls, Wichita County, and the WFISD.
City staff recommends approval of the resolution authorizing the City Manager to execute
all necessary documents to facilitate the conveyance of the parcels of vacant land.
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 8.E
® Asst. City Manager ® Property Administrator
ASSOCIATED INFORMATION: Resolution, Location Map.
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 8.E
Resolution No.
Resolution authorizing the transfer of ownership of Trustee properties
at 1626 Pearl Avenue and 1807 Clark Street to Home For Freedom Inc.
for the construction of low to moderate income housing for military
veterans
WHEREAS, the County Commissioners and the WFISD School Board have both
voted to accept the conveyance of properties as presented; and,
WHEREAS, in accordance with Chapter § 272.001 and § 253.010 of the TEXAS
LOCAL GOVERNMENT CODE, the City of Wichita Falls may convey property without the
solicitation of bids to non-profit entities for economic development programs authorized
by Title 1 of the Housing and Community Development Act; and,
WHEREAS, Home For Freedom, Inc. desires to construct homes for veterans in
the Wichita Falls Community for the benefit of qualified low-to-moderate income families.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute all necessary documents to
facilitate the conveyance of 1626 Pearl Avenue and 1807 Clark Street to Home For
Freedom, Inc. for the construction of low to moderate income housing for military
veterans.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 8.E
LOCATION MAP — 1626 Pearl Ave. and 1807 Clark St.
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PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 8.E
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution to accept the written offers as presented for 3 Trustee
parcels and authorizing execution of the Quitclaim Deed to convey
title to Lupe Chavira, Jose Corona, and Henry Soto.
INITIATING DEPT: Property Administration
STRATEGIC GOAL: Accelerate Economic Development
STRATEGIC OBJECTIVE: Support Neighborhood Revitalization
COMMENTARY: In accordance with Section 272.001 and 253.008 of the Texas Local
Government Code, written offers have been made for the properties located at 2403
Taylor St. which was struck off on 05/04/2021 , 1911 Polk St. which was struck off on
11/02/2021 , and 502 Virginia Ave. which was struck off on 02/04/2020.
This item relates to three (3) trustee properties:
• 2403 Taylor St. (struck-off value: $33,525.86, land market tax appraisal:
$3,000.00, written offer: $1,200.00, Struck off Date: 05/04/2021 )
• 1911 Polk St. (struck-off value: $5,899.55, land market tax appraisal: $3,000.00,
written offer: $1,200.00, Struck off Date: 11/02/2021.)
• 502 Virginia Ave. (struck-off value: $3,746.68, land market tax appraisal: $970.00,
written offer: $650.00, Struck off Date: 02/04/2020.)
Staff requests the City Council approve the conveyance of the properties above for the
offered amounts.
To convey the properties for less than a minimum bid requires the approval of all three
taxing entities.
• August 21 , 2023 County Commissioner's Court approved
• September 12, 2023 WFISD School Board approved
The properties will be sold "as is" via Quitclaim deeds as abstracts, surveys, and title
policies are not furnished by the City. The proposed buyers are in good financial standing
with the City of Wichita Falls, Wichita County, and the WFISD.
City staff recommends approval of the resolution authorizing the City Manager to execute
all necessary documents to facilitate the sale and conveyance of the parcels as described
on the attached Request to Purchase lists.
PAGE 1 OF 9 PAGES
AGENDA ITEM NO.8.F
® Asst. City Manager ® Property Administrator
ASSOCIATED INFORMATION: Resolution, Request to Purchase, and Location Map.
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 2 OF 9 PAGES
AGENDA ITEM NO.8.F
Resolution No.
Resolution to accept the written offers as presented for 3 Trustee
parcels and authorizing execution of the Quitclaim Deeds to convey
titles to Lupe Chavira, Jose Corona, and Henry Soto
WHEREAS, the County Commissioners and the WFISD School Board have both
voted to accept the bids as presented; and,
WHEREAS, it is determined to be in the best interest of the public to return these
properties to private ownership and put the properties back on the tax roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute all necessary documents to
facilitate the sale of 2403 Taylor St. to Lupe Chavira in the amount of $1 ,200.00, 1903
Polk St. to Jose Corona in the amount of $1,200.00, and 502 Virginia to Henry Soto in
the amount of $650.00.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 9 PAGES
AGENDA ITEM NO.8.F
Request to Purchase
2403 Taylor St.—Lot 11, Block 1, C.W. Walker Addition to the City of Wichita Falls,Wichita County,Texas
Lupe Chavira
Written Offer $1,200.00
Judgement Amount $33,525.86
Tax Appraisal Value (Land) $3,000.00
Struck off Date 05/04/2021
2403 Taylor St.
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PAGE 4 OF 9 PAGES
AGENDA ITEM NO.8.F
LOCATION MAP — 2403 Taylor St.
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PAGE 5 OF 9 PAGES
AGENDA ITEM NO.8.F
Request to Purchase
1911 Polk St. —Lots 11, Block 85A, Highland Addition to the City of Wichita Falls, Wichita County,Texas
Jose Corona
Written Offer $1,200.00
Judgement Amount $5,899.55
Tax Appraisal Value (Land) $3,000.00
Struck off Date 11/02/2021
1911 Polk St.
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PAGE 6 OF 9 PAGES
AGENDA ITEM NO.8.F
LOCATION MAP - 1911 Polk St.
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PAGE 7 OF 9 PAGES
AGENDA ITEM NO.8.F
Request to Purchase
502 Virginia Ave. — Lot 15, Block 32, Barwise & Jalonick Addition to the City of Wichita Falls, Wichita
County,Texas
Henry Soto
Written Offer $650.00
Judgement Amount $3,746.68
Tax Appraisal Value (Land) $970.00
Struck off Date 02/04/2020
�5.02 Virginia Ave.
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PAGE 8 OF 9 PAGES
AGENDA ITEM NO.8.F
LOCATION MAP — 502 Virginia Ave.
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PAGE 9 OF 9 PAGES
AGENDA ITEM NO.8.F
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution authorizing award of bid for bicycle lane striping services
for the Wichita Falls Traffic Engineering Division from the low bidder
Linear Traffic Markings, LLC in the amount of $85,214.00.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Provide quality infrastructure; Accelerate economic growth
STRATEGIC OBJECTIVE: Continue the bicycle friendly initiative; Continue the
alignment of the priorities of the City, Chamber, and EDC Boards
COMMENTARY: On September 12, 2023, the City of Wichita Falls received bids (Bid
23-22) for approximately 102,800 lineal feet of bicycle lane striping. In addition, the bid
requested quotations for the installation of 330 bicycle pavement marking emblems.
Dedicated bicycle lanes will be installed on various thoroughfares in Wichita Falls. These
thoroughfares include 9th Street, Old Seymour Road, Stonelake, Puckett, and Hooper. In
addition, TxDOT has allowed the City to use the shoulders on Barnett Road from Seymour
Highway to the Wichita River as a bicycle lanes.
The Wichita Falls Traffic Engineering Division has stopped using traffic paint to mark
roadway surfaces. Painted pavement markings have a service life of 2-3 months on high
volume roadways, but fade away quickly thereafter. To replace paint as a pavement
marking, staff recommends the use of thermoplastic type materials. These materials can
last up to 3-5 years, depending on traffic volumes and turning movements. These
materials also have better reflectivity performance than paint, particularly at night and in
weather-related driving conditions.
Staff received two bids to perform this work:
Company Amount
Linear Traffic Markings $85,214.00
Traffic Highway Maintenance $145,100.00
Staff recommends the award of bid for roadway striping services from the low bidder,
Linear Traffic Markings, LLC, in the amount of $85,214.00.
Funding for this project will come from the Type B (4B) Sales Tax Corporation for bicycle
related infrastructure. 4B has budgeted $112,650 for the 2023-2024 fiscal year for bicycle
lane improvements. Staff recommends the approval of this resolution.
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 8.G
® Director of Aviation, Traffic & Transportation ® Purchasing
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 8.G
911212023 BID TABULATION
23-22
BICYCLE LANE STRIPING PROJECT
VENDOR TOTAL
LINEAR TRAFFIC MARKINGS $85,214
FORT WORTH,TX
TRAFFIC HIGHWAY MAINTENANCE $145 .100
CEDAR HILL,TX
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 8.G
Resolution No.
Resolution authorizing award of bid for bicycle lane striping services for the
Wichita Falls Traffic Engineering Division from the low bidder Linear Traffic
Markings, LLC in the amount of$85,214.00.
WHEREAS the City of Wichita Falls is responsible for the installation of bicycle
pavement markings on City streets; and,
WHEREAS, the City has determined that additional bicycle lanes are required to
protect the health and safety of the cycling public; and,
WHEREAS, it is found that Linear Traffic Markings, LLC was the low bidder for
102,800 lineal feet of bicycle pavement markings and other work in the amount of
85,214.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City staff is authorized to execute all documents necessary for roadway striping
services from the low bidder, Linear Traffic Markings, LLC, in the amount of $85,214.00.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 8.G
CITY COUNCIL AGENDA
October 3, 2023
ITEM/SUBJECT: Resolution authorizing award of bid for the City's estimated annual
requirement of automotive lubricating oils and grease to
Reladyne/Western Marketing, Inc. in the amount of $255,489.60.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: Bids (Bid 23-19) were opened September 1 , 2023, for the purchase
of the City's estimated annual requirement of automotive lubricating oil, transmission
fluids, hydraulic fluids, and grease used by the Fleet Maintenance Division. Two (2) bids
were received (bid tabulation attached).
Lubrication products are bid for a 1-year contract with a 1-year renewal option.
The FY 2024 budget includes $257,040.00 for this purchase. In FY 2021 when this was
last bid, the total cost was estimated at $183,190.70. As a result, the total cost of these
items has increased by $72,298.90 in the last two years.
Staff recommends award of bid for the City's estimated annual requirement of automotive
lubricating oils and grease to Reladyne/Western Marketing, Inc. in the amount of
$255,489.60.
Budgeted Cost: $257,040.00
Actual Cost: $255,489.60
Budget Savings: $1 ,550.40
® Director of Aviation, Traffic & Transportation ® Purchasing
ASSOCIATED INFORMATION: Resolution; Bid Tabulation Sheet
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 8.H
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Resolution No.
Resolution authorizing award of bid for the City's estimated annual
requirement of automotive lubricating oils and grease to
Reladyne/Western Marketing, Inc. in the amount of$255,489.60
WHEREAS, the City of Wichita Falls advertised and requested bids for the
purchase of the City's annual requirement of automotive lubricating oils and grease; and,
WHEREAS, bids were received and publicly opened on September 1 , 2023; and,
WHEREAS, the City Council desires to purchase lubricating oils and grease for
the City's vehicle fleet.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Authorization is granted to award the bid for the purchase of lubricating oils and
grease to Reladyne/Western Marketing, Inc., in the amount of $255,489.60.
PASSED AND APPROVED this the 3rd day of October, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 8.H