AGD 03/19/2024 City of Wichita Falls
City Council Agenda
Tim Short, Mayor e, ;`>
Bobby Whiteley, Mayor Pro Tem/At Large
Michael Smith, District 1
Larry Nelson, District 2
Jeff Browning, District 3 rA a
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Q a 4 Mike Battaglino, District 4 44:4'
TEXAS Tom Taylor, District 5
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Darron Leiker, City Manager
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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 At The MPEC, 1000 Fifth Street, Seminar Room, Tuesday,
March 19, 2024, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:
1. A video of the meeting will be posted on the City's YouTube page
(https://www.voutube.cornicitvofwf)
Item #
1 . Call to Order
2. (a) Invocation: Pastor Bob McCartney
First Baptist Church
(b) Pledge of Allegiance
3. Presentations
(a) Proclamation —American Red Cross Month, American Red Cross
(b) Proclamation —Absolutely Incredible Kid Day, Camp Fire North Texas
4. 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.
CONSENT AGENDA
5. Approval of minutes of the March 5, 2024 Regular Meeting of the Mayor and City
Council.
6. Receive Minutes
(a) Library Advisory Board, October 4, 2023
REGULAR AGENDA
7. Ordinances
(a) Ordinance authorizing the City Manager to execute all documents necessary to
apply for and accept $1 ,329,000 in Texas Department of Transportation Aviation
Division grants for hangar and utility projects at Kickapoo Downtown Airport
8. Resolutions
(a) Resolution authorizing the City Manager to execute a new Potable Water Purchase
Contract with the City of Holliday
(b) Resolution authorizing the City of Wichita Falls' continued participation with the
Atmos Cities Steering Committee and authorizing the payment of five cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation
(c) Resolution authorizing the City Manager to execute all documents necessary for
the purchase and installation service to Allison Aquatics Group in the amount of
$1 ,675,700 for a new Mat Racer Attraction and Timing Light System at Castaway
Cove Water Park
9. Other Council Matters
(a) Staff Reports — Short update on Strategic Planning process — Paul Menzies,
Assistant City Manager
(b) Announcements concerning items of community interest from members of the
City Council. No action will be taken or discussed.
10.Executive Sessions
(a) Executive Session in accordance with Texas Government Code
§551 .071 , consultation with attorney on matter involving pending or contemplated
litigation or other matter in which the duty of the attorney to the governmental body
CITY COUNCIL AGENDA
PAGE 2 OF 3
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to Leetech Solutions, LLC vs. City of Wichita Falls;
Cause No. DC89-CV2022-1832).
(b) Executive Session in accordance with Texas Government Code § 551 .072, to
deliberate the purchase, exchange, lease, or value of real property interests due
to the fact that deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third party (including, but not limited
to, the purchase and/or value of Lake Arrowhead and Lake Kickapoo real estate)
11 .Adjourn
Spanish language interpreters,deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the
current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe,
sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita
Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice.
Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of
whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current
practice of the City Council. Executive sessions described generally hereunder may include consideration
of any item otherwise listed on the agenda plus any subject specified in the executive session notice.
Executive sessions described generally hereunder are closed meetings, may include consideration of any
item otherwise listed on the agenda plus any subject specified in the executive session notice, and may
include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076,
551.084, and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Wichita
Falls Public Library, Wichita Falls, Texas on the 13th day of March, 2024 at 5:00 o'clock
p.m.
I`(ate
City Clerk
CITY COUNCIL AGENDA
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in a regular session 8:30 a.m. on
the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Tim Short - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Mike Battaglino - Councilors
Jeff Browning -
Larry Nelson -
Michael Smith -
Tom Taylor -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Short called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Dr. Mark Bender, First Christian Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Short led the Pledge of Allegiance.
Item 3a — Employee of the Month David Maywald, Fire Department
8:32 a.m.
PAGE 1 of 8
AGENDA ITEM NO.5.
Mayor Short recognized David Maywald as Employee of the Month for March 2024 and
shared a brief video. Mayor Short congratulated Mr. Maywald and presented him with a
plaque, letter of appreciation, dinner for two, and a check, and thanked him for his service.
Item 3b — Proclamation — March for Meals, Meals on Wheels Wichita County
8:35 a.m.
Mayor Short read a proclamation proclaiming March 2024 as March for Meals Month in
Wichita Falls.
Item 3c — Proclamation —Women's History Month, Wichita Falls Alliance
8:38 a.m.
Mayor Short read a proclamation proclaiming March 2024 as Women's History Month in
Wichita Falls.
Item 4 — Comments from Citizens
8:42 a.m.
There were no comments from the public.
Item 5-6 — Consent Items
8:43 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 5—Approval of Minutes of the February 20, 2024, Regular Meeting of the Mayor
and City Council
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
Item 6 — Receive Minutes
(a) Planning & Zoning Commission, January 10, 2024
Item 7a — Resolution 24-2024
8:43 a.m.
Resolution authorizing the City Manager to award bid and contract for the 2024 Water
Budget Utility Improvement Project & Large Valve Replacement to Bowles Construction
Co., in the amount of $1 ,877,904.00.
Moved by Councilor Browning to approve Resolution 24-2024.
Motion seconded by Councilor Nelson and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9a — Resolution 25-2024
8:45 a.m.
Resolution authorizing the City Manager to execute a Consulting Services Agreement
with Garver, LLC for the purpose of developing a Pavement Management Program
Update for Wichita Falls Regional Airport.
Moved by Councilor Browning to approve Resolution 25-2024.
Motion seconded by Councilor Battaglino and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9b — Resolution 26-2024
8:48 a.m.
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
Resolution authorizing the City Manager, or his designee, to make application to FEMA
for the FY 2023 Assistance to Firefighters Grant to support emergency medical training
at a cost of $577,200.00.
Moved by Councilor Nelson to approve Resolution 26-2024.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9c — Resolution 27-2024
8:53 a.m.
Resolution setting the rates at Lake Arrowhead and Lake Kickapoo for leases of City-
owned property.
Moved by Councilor Taylor to table this item.
Motion seconded by Councilor Nelson.
Mr. Hegglund stated that tabling the item now would not allow for any discussion on the
item. Council agreed they wanted to give the public an opportunity to speak.
The motion to table failed by the following vote:
Ayes: None
Nays: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and
Whiteley.
Moved by Councilor Browning to approve Resolution 27-2024.
Motion seconded by Councilor Whiteley.
Pat Hoffman, Property Management Administrator, discussed the history of lake lot
leases, the rate setting process, the last lease rates set in 2019, and the independent
appraisals completed for all lots showing that rates should be increased. The lease
agreements include a 5-year escalation clause with a 30% cap. Staff recommends a 30%
increase to lots at Lake Arrowhead, and a 10% increase to lots at Lake Kickapoo.
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
There was brief discussion regarding the revenue for leases at each lake, how the
revenue is used to fund Lake Lot responsibilities in Property Management as well as
support Parks and Streets, and how the City is the landlord for these leases since the
property is outside of city limits. There was discussion regarding the responsibilities of
Archer County and Clay County in regards to roads since they receive property taxes,
previous meetings held with County officials, and previous attempts to annex the property.
It was noted that there was a de-annexation election in 1977 and prior to the de-
annexation the City did have municipal responsibilities. Mrs. Hoffman discussed the over
65 and low/moderate income provisions in the lease which starts at $82.80 and caps the
lease at $258. There was brief discussion regarding the old fifty-year leases that were
very low cost, and that lease holders pay property taxes. Council discussed how they
have been overwhelmed with information since last Thursday, the possible need for a
committee of stakeholders, and their willingness to work through the issues. There was
brief discussion regarding roads at the lakes, yearly costs to the City to maintain these
roads, and how the roads are on a routine maintenance cycle.
Michael Nolan, K8 East Lake Arrowhead, stated he disagrees with the 30% increase and
asked when older generation leases will end over the next several years. He discussed
the increase of City income, funds budgeted for Lake Lots, previous legal action taken
against the City, the de-annexation process in past years, and how the lease holders pay
the property tax. He stated the lake is a recreational area, discussed issues with trash,
and recommended yearly clean-up days.
Lisa McLachlan, 266 Cherokee Trail, Lake Arrowhead, discussed the history of her lake
lot lease cost which was $53 when she assumed the lease and within a few months she
was required to sign a new lease that increased to $1000. She discussed that although
the City has no municipal responsibilities, but they are required to follow City regulations.
She discussed the city revenue, versus the property tax collected, and how the property
taxes collected are minimal and also support the school as well as the County. Ms.
McLachlan discussed the revenue from leases, how the revenue is used, and how
technology could be used to reduce expenses. Ms. McLachlan stated it is unfair that the
City is not required to pay property taxes as an exempt governmental entity but the tax
burden is passed to the lease holders.
Tim Sheppard, 157 Blackfoot Trail, said lease holders do not see any benefits from the
revenue collected, discussed street issues, and the lack of utility and safety services. He
said that although the City has no municipal responsibility, lease holders are required to
pay city permit fees, follow city rules, and pay an additional $40 for inspections due to
their location, yet lease holders cannot vote for any city offices, and have no one to
represent them on the City Council. Mr. Sheppard discussed his concerns with a recent
experience where he was denied the ability to build on a lake lot.
Stacy Darnell, 6785 FM 2606, Lake Arrowhead, expressed her concerns about any
vested interest in the citizens at Lake Arrowhead, stated she is against the increases, and
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
discussed the increase from $48 to $1000 in 2019, with zero benefits from this increase.
Ms. Darnell acknowledged that $48 per year was probably not sufficient. She expressed
concerns with how the revenue is used, and the lack of representation or voice in how the
rules are set. She asked the Council to consider more impactful changes to improve the
quality of life, bring revenue to the City, and let residents see results from the lease
increase. She suggested elected or appointed representation in Wichita Falls, set dollar
amount from each lease to go to the Lake Arrowhead Fire Department, the ability to have
short-term rentals, the ability to work or operate a business from home, pothole repairs,
community clean-up days, and asked the Council to decline the decrease or table this
item. Ms. Darnell encouraged Councilors to visit the lake properties.
Jaqueline Cooper, 218 Catfish Point, Lake Kickapoo, stated they have the crappie house,
fishing barge, and cabins, discussed the lot lease increase of 600% since she acquired
the property, and the increase in property taxes. She discussed how the proposed 10%
increase would affect her small business, and she invited all Councilors to visit Lake
Kickapoo to see the condition of the roads.
Paul Barham, 7853 FM 2606, Lake Arrowhead, thanked the staff and Council for all they
do. He discussed the need to possibly establish a Lake Lot Committee that would
represent both lakes and the City to serve as a voice for the Lake Communities. He
discussed the challenges with financing new homes on leased property, and asked the
Council vote against or table this item. Mr. Barham understands the need to review the
lease agreements every 5 years, but a review does not always necessitate an increase.
Mr. Barham is the Chief of the Lake Arrowhead Volunteer Fire Department stated he
appreciates the reduced lease rate for the department, and discussed challenges they
face and the need for financial support.
Jennifer Featherston, 279 Crow Trace, leased her lot in August, and moved in to her
home in December. She stated her lot is 8000 sq. feet, and she pays $1000 for less than
an acre lot and is against the 30% increase. She asked for individual lot increases rather
than general increases, and would like to see funds support the Volunteer Fire
Department, roads, and trash issues. She asked the Council to take baby steps, and
expressed concerns with her neighbor paying much less for his lease and not following
code regulations.
Councilor Smith moved to table this item until May 7, 2024.
Motion seconded by Councilor Taylor and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
Item 8a - Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
9:49 a.m.
Councilor Taylor stated that he felt this meeting was a great example of democracy as
two sides came together, voiced concerns, and were open to coming to an agreement.
Councilor Whiteley congratulated David Maywald for being employee of the month. He
agreed with Councilor Taylor and stated he appreciates everyone showing up and
conducting themselves in a professional and diplomatic manner.
Councilor Browning discussed this being the last meeting in this Council
Chambers. He is excited to see the renovation of this building, and stated the new space
will be bigger to accommodate crowds like we had today. He discussed the turmoil for
employees as they move, and asked citizens for their patience.
Councilor Battaglino thanked everyone for coming out today to discuss the Lake issues,
and stated that they may not have a representative on the Council, but they have a
Council who genuinely cares about their issues, and he is for establishing a committee.
He looks forward to continuing the dialogue and stated the issue is not being kicked down
the road and will be taken care of. He expressed his thoughts and prayers to all those
that are fighting fires and the eleven Wichita Falls Firefighters deployed. He discussed
the St. Patrick's Day event downtown on March 16th and he encouraged everyone to
attend.
Councilor Nelson asked about vehicles for Development Services, and asked Amy
Fagan, Director of Health, about the doors at the Health Department. Mr. Burrus stated
he is waiting on vehicles to come in, and Mrs. Fagan stated two doors were received, one
was damaged during installation, and the new restrooms are operational. He asked Pat
Hoffman to step up and stated she should be employee of the century and applauded her
work.
Councilor Smith thanked Pat Hoffman for the information she has provided, and thanked
her and her staff for their work. He stated that this is the last Council meeting in this
building, as he is not running again. During the next two years all City offices have moved
to either Big Blue or Wichita Towers, and some departments permanently moved to other
facilities. Citizens can find information regarding where offices are located on the City
website, and Council meetings will be held in the Seminar Room at the MPEC during the
renovation. Daylight savings time is coming, and he encouraged everyone to call their
Senator to get that changed.
Mayor Short thanked everyone from the lake communities for their involvement and
passion in local government and stated that the Council looks forward to working with
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
them. He thanked the Wichita Falls Fire Department and the strike teams deployed, and
asked everyone to pray for their safety along with those in the path of the fires. He
encouraged everyone to go vote, and asked everyone to stay seated after the
adjournment for a decommissioning ceremony.
Mayor Short stated that the Wichita Falls City Council has been meeting in this Council
Chambers for over six decades, and he discussed the historic decisions made over the
years. There have been almost 1500 Council meetings in the chambers, and today it is
decommissioned as the official meeting room for the City Council. The first meeting at the
MPEC Seminar Room will be on March 19th, and when we return to this building after the
renovation the Council Chambers will be in a larger space on the 3rd floor with easier
access for citizens. Councilors removed their nameplates from the dais.
Item 13 —Adjourn
Mayor Short adjourned the meeting at 9:59 a.m.
PASSED AND APPROVED this 19th day of March 2024.
Tim Short, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
March 5, 2024
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AGENDA ITEM NO.5.
LIBRARY ADVISORY BOARD MINUTES
Oct. 04, 2023
MEMBERS PRESENT:
Marianne Dowdy MEMBERS ABSENT
Kristen Garrison Emily Adams (chair)
Daniel Juarez Amy Bobrowitz
Shunta McFadden Katherine Love
Betty Richie
Blake Jurecek
Jana Hausburg
Librarian's report
In the absence of Ms. Adams, Ms. Hausburg called the meeting to order at 4:35 p.m. Minutes
were approved from July of 2023.
There being no old business to discuss, Ms. Hausburg introduced new library assistant Evan
Villalpando, who told the board a little bit about himself.
Ms. Hausburg then talked about upcoming Fall/Winter programs, highlighting the Eclipse Party
on Oct. 14, 11 a.m. to 1 p.m., and the Holiday Open House on Dec. 2 from 2 to 3:30 p.m.
Another exciting addition to the library's regular October programming will be the distribution
of a new book, written by library staff, called "I'm Not Scared" —it features library mascots
Booker and Paige and will be given out during the Halloween storytime to attending children.
Ms. Hausburg distributed a new locker policy and talked about how the addition of 14 new
lockers has helped cut down on customers leaving their items unattended.
During the last three weeks, there have been three separate incidents of customers
complaining about library materials. One was in regard to LGBTQ+ materials in the juvenile
collection (no specific titles were given), one was a complaint about storytime transparency,
and the last was a complaint about pornography in an adult book. Since none of the customers
filled out a Materials Complaint Form, there will be no action taken at this time. Ms. Hausburg
asked board members to be thinking about library lovers or First Amendment advocates who
might be called upon to support the library should further challenges be received.
The Board was then taken on a tour of the Lonesome Dove, an exhibition produced by the
Wittliff Collections at the Alkek Library, Texas State University, presented in partnership with
Humanities Texas, the state affiliate for the National Endowment for the Humanities. The
exhibition will be available to the public from August 29 to October 10, 2023.
Meeting was adjourned at 5:05 p.m.
PAGE 1 of 2
AGENDA ITEM NO.6.a
In lieu of our next meeting, the board was invited to attend the library's Holiday Open House on
Saturday, December 2, 2 to 3:30 p.m.
Signature: LSuhlitO_ RU4 ill
Suhua Huang, Chairperson
PAGE 2 of 2
AGENDA ITEM NO.6.a
CITY COUNCIL AGENDA
March 19, 2024
ITEM/SUBJECT: Ordinance authorizing the City Manager to execute all documents
necessary to apply for and accept $1,329,000 in Texas Department
of Transportation Aviation Division grants for hangar and utility
projects at Kickapoo Downtown Airport.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Provide quality infrastructure
STRATEGIC OBJECTIVE: Upgrade or replace outdated public facilities
The City of Wichita Falls has the opportunity to receive $1 ,329,000 from two Texas
Department of Transportation (TxDOT) Aviation grants. These funding sources are
TxDOT Non-Primary Entitlement grants and Infrastructure Investment and Jobs Act
grants. There will be a local match requirement on these grants of $147,667. It is
anticipated that these funds will come from income generated at Kickapoo Downtown
Airport. The total amount allotted to upcoming projects is as follows:
• Infrastructure Investment and Jobs Act $879,000
• Non-Primary Entitlement Grant $450,000
• Local Match Requirements $147,667
Total: $1 ,476,667
These and future grant funds will be used to complete the following projects on the airfield:
• Construction of new hangars
• Demolition of existing City-owned hangars
• Extension of a sanitary sewer line
• Installation of a fire hydrant centrally located on the airfield.
If approved by City Council, it is anticipated that the Texas Transportation Commission
will formally award these funds sometime this summer. Subsequently, staff anticipates
this work starting in the fall of 2024.
Therefore, the staff requests the support of the City Council via this ordinance to pursue
and apply for TxDOT Aviation funding of $1 ,329,000.
® Director, Aviation, Traffic, & Transportation
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.A
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.A
Ordinance No.
Ordinance authorizing the City Manager to execute all documents
necessary to apply for and accept $1,329,000 in Texas Department of
Transportation Aviation Division grants for hangar and utility projects
at Kickapoo Downtown Airport
WHEREAS, the City of Wichita Falls owns and operates Kickapoo Downtown
Airport; and
WHEREAS, the City has identified the need for using Texas Department of
Transportation Aviation Division Non-Primary Entitlement and Infrastructure Investment
and Jobs Act grants for hangar and utility projects at Kickapoo Downtown Airport; and
WHEREAS, the City desires to apply for $1,329.000 in Texas Department of
Transportation Aviation Division Non-Primary Entitlement and Infrastructure Investment
and Jobs Act funds; and,
WHEREAS, the City anticipates using Texas Department of Transportation
Aviation Division Non-Primary Entitlement and Infrastructure Investment and Jobs Act
funds for the completion of hangar and utility projects at Kickapoo Downtown Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute all documents necessary to
pursue, apply for, and accept the aforementioned Texas Department of Transportation
Aviation Division Non-Primary Entitlement and Infrastructure Investment and Jobs Act
grants for hangar and utility development projects at Kickapoo Downtown Airport.
PASSED AND APPROVED this the 19th day of March, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
March 19, 2024
ITEM/SUBJECT: Resolution authorizing the City Manager to execute a new Potable
Water Purchase Contract with the City of Holliday.
INITIATING DEPT: Public Works/Utilities
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The City of Holliday has been a wholesale potable water customer
of the City of Wichita Falls since 1968. However, their current contract is set to expire.
The City of Wichita Falls is the only water source for the City of Holliday, therefore they
are in need of a new wholesale water contract. The proposed Water Purchase Contract
has established new monthly and annual volumes that reflect a 3-year running annual
average of historical water usage. The new contract term will be for 20 years, requires
the City of Holiday to either follow or have more restrictive water conservation and drought
contingency plans as the City, and establishes all other contract conditions used in all the
other wholesale water agreements.
The City of Holliday adopted the new water purchase agreement on February 12, 2024,
and therefore staff recommends approval of this new agreement.
® Director Public Works
ASSOCIATED INFORMATION: Resolution , Contract
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 8.A
Resolution No.
Resolution authorizing the City Manager to execute a new Potable
Water Purchase Contract with the City of Holliday
WHEREAS, the City of Holliday is organized and established under provisions of
the laws of the State of Texas. One of the duties of the City of Holliday is the operation of
a water distribution system serving water users within its authorized service area, and to
accomplish this purpose, it requires a supply of potable water; and,
WHEREAS, the City owns several water reservoirs and a treatment and
distribution system (the "City System") with capacity capable of serving the present
customers of the City System and the estimated number of water users to be served by
the City of Holliday; and,
WHEREAS, the City and City of Holliday entered into a Water Purchase Contract
on December 1 , 1968, and subsequently agreed to multiple modifications to the contract,
and this Contract replaces all prior contracts between the Parties relating to the purchase
of potable water ("Water"); and,
WHEREAS, immediately prior to the effective date of this Contract, the City of
Holliday was not obligated to purchase Water from City and City was not obligated to sell
Water to the City of Holliday; and,
WHEREAS, by resolution of the City Council of the City of Holliday enacted on the
12th day of February 2024, it authorized the continued purchase of Water by the City of
Holliday under the terms of this new, mutually agreed upon Contract; and,
WHEREAS, the City of Holliday is responsible for operating its water distribution
system, and providing Water to its authorized service area as described herein; and,
WHEREAS the City of Holliday is required by Texas Commission on
Environmental Quality regulations to implement and enforce City's Water Conservation
and Drought Contingency Plan through all subsequent sales of Water and shall include
such obligation in any subsequent contract for sale that the City of Holliday may execute
with any third-party purchaser of Water.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Potable Water Purchase Contract between the City of Wichita Falls and the
City of Holliday is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 19th day of March, 2024.
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 8.A
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 8.A
Potable Water Purchase Contract
THIS CONTRACT for the sale and purchase of potable water(the"Contract")is entered into as of the l Jh day of
vet run ,2024,between the City of Wichita Falls,Texas,hereinafter referred to as"City,"and City
of Holliday,hereinafter referred to as"Customer"(City and Customer are collectively the"Parties").
WHEREAS,Customer is organized and established under provisions of the laws of the State of Texas. One of the
duties of Customer is the operation of a water distribution system serving water users within Customer's authorized
service area,and to accomplish this purpose,Customer requires a supply of potable water;
WHEREAS, City owns several water reservoirs and a treatment and distribution system(the "City System")with
capacity capable of serving the present customers of the City System and the estimated number of water users to be
served by Customer;
WHEREAS, City and Customer entered into a Water Purchase Contract on December 1, 1968, and subsequently
agreed to multiple modifications to the contract, and this Contract replaces all prior contracts between the Parties
relating to the purchase of potable water("Water");
WHEREAS,immediately prior to the effective date of this Contract,Customer was not obligated to purchase Water
from City and City was not obligated to sell Water to Customer;WHEREAS,by resolution of the City Council of Customer enacted on the 1 a Y y,I day of Velo n] a
2024,it authorized the continued purchase of Water by Customer under the terms of this new,mutually agreed u n
Contract;
WHEREAS,Customer is responsible for operating its water distribution system("Customer System"),and providing
Water to its authorized service area as described herein;and
WHEREAS, Customer is required by Texas Commission on Environmental Quality ("TCEQ") regulations to
implement and enforce City's Water Conservation and Drought Contingency Plan through all subsequent sales of
Water and shall include such obligation in any subsequent contract for sale that Customer may execute with any third
party purchaser of Water.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for value received, City and Customer
mutually agree to the following,to wit:
1.0. Delivery of Water. City agrees to sell and to deliver Water under this Contract to Customer at the delivery
point(s)specified herein, and Customer agrees to take at the delivery point(s)all Water required for use during the
term of this Contract,not to exceed the annual quantity of Water. The monthly quantity of Water to be furnished by
City to Customer shall not exceed 8,500,000 gallons per month("Monthly Quantity")not to exceed a maximum of
80,000,000 gallons per year("Annual Quantity")in any Water Year unless a greater amount is approved in writing
by City."Water Year"means the period October 1 of each calendar year through September 30 of the next following
calendar year. Customer shall not take more than the Annual Quantity without prior written consent of City.
Customer agrees that City is under no obligation to provide Customer with a sufficient amount of Water for
Customer to meet its minimum production, storage, service pump, or pressure maintenance requirements, or any
other requirements imposed on Customer under Texas Administrative Code, Chapters 290 or 291, or any other
requirement of law. Customer also agrees that City is under no obligation to increase any of its water utility
infrastructure or capacity in order to satisfy any of the provisions of this Contract.
1.1 Delivery Point. The delivery point(s) shall be located on a 10 inch(10")main on the south side of Seymour
Highway, approximately 750 feet inside the city limits of City, or another satisfactory delivery point with the
approval of City.
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AGENDA ITEM NO. 8.A
1.2 Quality of Water. City will exercise due diligence and follow best management practices to meet the applicable
drinking water quality standards for Water and any requirement of law for Water furnished to Customer pursuant to
this Contract.
1.3 Customer System Requirements. Once Customer takes Water from the delivery point(s),Customer is solely
responsible for complying with the requirements under Texas Administrative Code, Chapters 290 or 291, or any
other requirement of law. Customer shall have the responsibility to transport the Water from the delivery point(s)to
its consumers,including imparting additional pressure to adequately serve Customer's consumers.
1.4.Metering.Customer shall furnish, install, operate and maintain at its own expense at the delivery point(s),the
necessary metering equipment, including a meter house or pit, and required devices of standard type for properly
measuring and recording the quantity of Water delivered. City and Customer shall agree on the type of any
replacement meter before purchase by Customer. Metering equipment shall be calibrated by Customer whenever
requested by City, but not more frequently than once every 12 months. Within 30 days after such calibration,
Customer shall furnish a certification of such calibration to the Director of Public Works of City,or his designee.A
meter registering not more than 2%above or below the rated capacity of the meter shall be deemed accurate.The
previous reading of any meter disclosed by test to be inaccurate shall be corrected for the 12 months previous to such
test in accordance with the percentage of inaccuracy found by such tests and existing records.If any meter fails to
register for any period,the amount of Water furnished during such period shall be deemed to be the amount of Water
diverted in the corresponding period immediately prior to the failure, based on existing records unless City and
Customer shall agree in writing upon a different amount.If Customer's measuring equipment is out of service for 30
days or more,City may purchase,install and maintain any required measuring equipment,as determined by City,and
charge the expense therefore to Customer.
During any reasonable hours,City shall have access to the metering equipment.City shall further have access to all
records pertinent to determining the measurement and quantity of Water actually delivered. Customer agrees that
City may furnish, install,operate and maintain check meters, should City so choose. Customer also agrees that the
design and construction of its metering equipment will facilitate City's installation and operation of check meters.
City will read the Customer water meter on the first normal work day of each month during the term of this Contract.
Customer and City shall have free access to read meters daily if they so desire.City will provide Customer,no later
than the 10th day of each month, with an itemized statement showing the amount of Water metered to Customer
during the preceding month and the resulting charges. Customer shall pay to City the amount of the itemized
statement no later than the 20th day of the month in which the charges are billed.
All services on Customer's System shall be separately metered.
2.0. Water Rates. Until changed by City, the cost of Water purchased by Customer shall be $5.6778 per 1,000
gallons or$4.2470 per 100 cubic feet. The rates to Customer for Water shall be subject to change each year as a
result of a cost-of-service study using the rate principles in section 2.1.When a cost-of-service study is conducted,
City will provide the results and the new rates to Customer.The new rates will become effective at the beginning of
each Water Year. Adjustments to rates does not constitute an amendment to the Contract. If Customer exceeds
either the Monthly Quantity or the Annual Quantity, the City shall be entitled to bill for such exceedance and
Customer hereby agrees to pay for such exceedance at 2.0 times the water rate.
2.1.Annual Changes to Water Rates.Customer authorizes the rates for Water to be changed annually,based on the
following rate setting principles:
a. Revenue requirements to be determined on utility basis at an agreed test year's original Cost adjusted
30%toward current cost to cover its cost and as compensation for ownership.
b. The test years shall be the average of the City's previous three year's consumption of retail customers of
the City of Wichita Falls and all the wholesale customers. The peaking factor will be calculated
similarly using an average of the max month for the last three years divided by the average monthly
Page 2 of 8
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 8.A
consumption. The consumption and peaking share play a large role in assigning costs between the
wholesale and retail classes..
c.City to receive a Rate of Return on the agreed adjusted value Rate Base equal to a composite of the utility's
test year embedded cost of money weighted on the debt portion of capital invested in plant in service and the
utility's latest cost of money weighted on the remaining equity portion of plant in service to cover its risks.
d.All existing reservoirs and associated facilities to be included in common rate base. Wholesale customers
as class(either raw water only,raw water transmitted,treated water only and transmitted treated water)will
pay their proportionate share of all costs based on current use.
e.A flat rate(volume only),shall be charged,with allocation of 100%current use to encourage conservation
and thereby resulting in efficient utilization of the water system; provided,however,that the amount billed
each month shall never be less than any agreed monthly minimum charge.
f. The risk of financing all future raw water transmission lines and reservoirs must be borne by the City
Water utility,and all costs will be allocated to all wholesale customers on current use basis.
The rates will be considered changed on the later of(1)the date the City's Director of Public Works sends a written
Notice of Rate Modification to Authority's address as provided in this agreement or(2)the effective date of the
aforementioned Notice of Rate Modification.
2.2.Disputed Rates.Customer stipulates and agrees that the rate,rate setting methods,and policies specified in this
Contract are fair,just,and reasonable,and without discrimination.Further,if Customer believes that rates have been
modified in a manner that fails to conform to the aforementioned principles or are otherwise established in a manner
that is not just or reasonable,then Customer must send a written Notice of Appeal,containing the written approval of
the Directors, to City's City Manager, 30 calendar days after City's written issuance of the new rates to the
Customer. To be effective,such Notice of Appeal must contain a statement,sworn to by all directors of Customer
and all experts the Customer intends to use to assert the improper,unjust,or unreasonable manner of the rates,that
entirely states the full and complete basis upon which the Customer believes that the rates were improperly,unjustly
or unfairly established. Upon receipt of the Notice of Appeal, City's City Manager will consider the appeal and
examine the rate determination process and result. If City's City Manager determines the appeal is well founded,
he/she may reconsider the rates and issue new,higher or lower rates based on the information submitted and other
information determined by subsequent investigation thereof.
If Customer at any time disputes the amount to be paid by it to City,Customer shall nevertheless promptly make the
disputed payment or payments. If it is subsequently determined by or agreed that the disputed amount paid by
Customer should have been less or more, City shall revise and reallocate Customer's payments in a manner that
Customer or City will recover the amount properly due.
If a court,the Commission,or any federal or state regulatory authority finds that City's rates or policies for delivering
Water to Customer under this Contract are unreasonable or otherwise unenforceable,City may immediately terminate
this Contract without liability to Customer.By signing this Contract,Customer stipulates and agrees that City and its
other customers will be prejudiced if Customer avoids the obligation to pay the rates for Water specified in this
Contract while accepting the benefits of obtaining Water from City.Nothing in this Contract shall be construed as
constituting an undertaking by City to furnish Water to Customer except pursuant to the terms of this Contract. If
Customer initiates or participates in any proceeding regarding City's rates and policies under this Contract and
advocates a position that is adverse to City and City prevails, Customer shall pay City for its expenses, including
attorneys' fees and expert witness fees, in the proceeding within 30 days after City's demand for payment.
Notwithstanding,City shall never have any obligation to pay the attorneys'fees or expert fees of Customer as a result
of any fee determination or proceeding relating to this Contract.
2.3.Additional Charges. In the event that any sales or use taxes,or taxes,assessments,or charges of any similar
nature are imposed on diverting,storing,delivering,gathering,impounding,taking,selling,using,or consuming the
Page 3 of 8
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AGENDA ITEM NO. 8.A
Water received by Customer from the Delivery Point,the amount of the tax,assessment,or charge shall be borne by
Customer, in addition to all other charges, and whenever City shall be required to pay, collect, or remit any tax,
assessment,or charge on Water received by Customer,then Customer shall promptly pay or reimburse City for the
tax,assessment,or charge in the manner directed by City.
2.4.Default in Payments.All amounts due and owing to City by Customer shall,if not paid when due,bear interest
at the Texas post judgment interest rate set out in Tex.Finance Code. § 304.003,or any successor statute,from the
date when due until paid.If any amount due and owing by Customer to City is placed with an attorney for collection,
Customer shall pay to City,in addition to all other payments provided for by this Contract,including interest,City's
collection expenses, including court costs and attorneys' fees. City shall, to the extent permitted by law, suspcnd
delivery of Water from the Delivery Point to Customer if Customer remains delinquent in any payments due
hereunder for a period of 60 days and shall not resume delivery of Water while Customer is so delinquent and may,
at its option,terminate this Contract without further liability to Customer.City shall pursue all legal remedies against
Customer to enforce and protect the rights of City,City's customers,and the holders of City's bonds.It is understood
that the foregoing provisions are for the benefit of the holders of City's bonds.
3.0.Purpose and Place of Use.Customer shall not be required to furnish Water to any resident of City.The Parties
hereby agree that City shall continue to serve these areas.If City extends its City limits,Customer will continue to
provide Water to any consumer of Water from Customer until City is able to extend its own distribution system to
provide such customers with City's Water. The Water will be used for municipal use, including residential and
commercial uses, by Customer within the authorized service area of the Customer. Customer's authorized service
area is [the area located within Customer's Extraterritorial Jurisdiction("ETJ")boundary]/ [the area authorized in
Customer's certificate of convenience and necessity("CCN")]. Unless written permission is obtained from City,
Water shall not be provided to other municipalities and/or residential and/or commercial subdivisions outside the
authorized service area. Such permission will not be given to serve a subdivision within the City's Extraterritorial
Jurisdiction("ETJ")unless the subdivision complies with the Subdivision Regulations of the City of Wichita Falls.
Customer shall not sell any Water to any private party for resale by such private parties to third parties. Customer
shall be allowed to make single connections to Customer system with notification to City of such action,provided the
Annual Quantity allowable as set out in the Contract is not exceeded. Customer shall not sell Water to any consumer
outside of the Customer's authorized service area without the approval of City.
3.1.Subsequent Sales of Water/Connections.City and Customer agree that for any area of service being provided
by Customer that Customer will comply with applicable City procedures for purposes of connection and connection
approvals in any area lying within City's ETJ boundary(or within the city limits). Further,it is agreed by City and
Customer that in the event of a prospective customer's application for service outside of City's ETJ boundary,no pre-
conditions are to be established or enforced by City in connection with any request for service made by any applicant
for water service.
Customer expressly agrees that it will not furnish Water to any user without first requiring proof from the applicant
that the property to be serviced has been platted in accordance with Texas Local Government Code Chapter 212,as it
may be amended from time to time, within the Contract term. When a meter is approved by the Customer, such
approval shall be tied to the land and automatically approved to the current owner of the land.
4.0.Water Shortages. In the event of an extended shortage of Water, or the supply of Water available to City is
otherwise diminished over an extended period of time so that it becomes necessary to ration the Water sold to
citizens of City,the supply of Water to Customer shall be reduced or diminished in the same ratio or proportion as
the supply to the citizens of City is reduced or diminished. The Water to be distributed shall be further divided in
accordance with Texas Water Code§ 11.039.
4.1.Water Conservation and Drought Contingency Plan.The Customer agrees to implement and enforce City's
Water Conservation and Drought Contingency Plan through all subsequent sales of Water and shall include such
obligation in any subsequent contract for sale that Customer may execute with any third party purchaser of Water.
Further, the Customer agrees to initiate at least the restrictions of said Drought Contingency Plan that are being
implemented within the City. The Customer may implement more severe restrictions than City, but shall not enact
less severe restrictions than are currently in effect in the City.If Customer fails to implement a drought contingency
Page 4 of 8
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 8.A
plan with restrictions that emulate or exceed City's Drought Contingency Plan when trigger conditions occur,then
City's City Manager is authorized to institute rationing pursuant to any applicable wholesale water contracts,
including this Contract, as well as enforce any contractual, statutory, or common law remedies available to City
necessary to protect the public welfare. City's Water made available to Customer when Customer is not in
compliance with City's Water Conservation and Drought Contingency Plan will be reduced to the amount of Water
that City's City Manager estimates would be necessary to satisfy Customer's demand if Customer was operating in
compliance with both City's and Customer's Drought Contingency Plans.
5.0. Rules and Regulations. To the extent permitted by applicable law, Customer's tariff and applicable TCEQ
regulations, Customer expressly agrees that it will not furnish Water to any user without first requiring proof from
the applicant that any wastewater generated from the use of Water supplied will be disposed of in a manner
consistent with current TCEQ regulations. Customer agrees to terminate water service to any user with a continuing
unabated public nuisance,as defined in the Texas Health and Safety Code,upon receiving written notice requesting
such termination from TCEQ or its designated representatives.
5.1.Backflow Protection.Customer and City shall have the authority and responsibility of inspection to determine
that no cross connections or conditions of backflow or back-siphonage exist on that portion of the system receiving
Water under pressure from City's water mains.City shall have the authority to disconnect the Water until correction
within the Customer System is made. City shall also have the right to suspend delivery of Water in the event
Customer fails to construct, maintain and operate City's portion of the water distribution system in substantial
compliance with such standards referred to hereinabove. Provided, however, unless substantial noncompliance
constitutes a safety and/or health hazard, City shall not suspend the delivery of Water without first notifying
Customer in writing of such noncompliance and affording Customer a reasonable opportunity to correct such
noncompliance. Provided, further, in no event shall City suspend delivery of Water to any portion of Customer's
system not necessary in isolating the location of such noncompliance.
6.0.Term.This Contract shall extend for a term of 20 years from the date of Contract execution.Unless a written
notice of non-renewal is sent by either party prior to expiration hereof,at the end of the original term, it shall then
automatically renew on a year-to-year basis. Either party may cancel prior to expiration of a term for breach or non-
performance.City may cancel this Contract at any time during any term of the Contract in the event Customer fails to
make any payment due hereunder within 60 days after same becomes due or,if the Customer breaches any covenant
herein other than payment of the monthly statement,and such breach continues for 60 days after City gives Customer
written notice thereof.
7.0.No Assignment or Discrimination.This Contract shall not be assignable by either party without the approval of
the other party. The Parties hereto shall not discriminate against any employee or applicant for employment or
service because of race,religion,color,sex,national origin,age,or handicap.
8.0. Independent Contractor. This Contract is intended to create an independent contractor relationship, and the
employees of each party shall never be considered the employees of the other party.
9.0.Notices to Customer.Notices from City representatives to Customer issued pursuant to this Contract shall be
effective when sent to the Customer at the following address:
City of Holliday
Attention:Director of Public Works
P.O.Box 508
Holliday,Texas 76366
If a document is sent to Customer via certified mail, notice shall be considered received by the Customer if a
representative of the Customer fails to sign for or accept said document within 5 days after receipt thereof.
10.0.Title to Water.Title for liability purposes to all Water supplied hereunder to Customer shall be in City up to
the Point(s)of Delivery,at which point title shall pass to Customer.Notwithstanding,Customer will not obtain any
water rights in any wastewater effluent flows or the continuation thereof.
Page 5 of 8
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 8.A
11.0 City Right to Execute other Water Supply Contracts. City maintains its right to enter into any other water
supply contracts without restriction.
12.0.No Third-Party Beneficiaries.
This Contract shall inure only to the benefit of the Parties hereto,and third persons not privy hereto shall not,in any
form or manner,be considered third-party beneficiaries of this Contract.Each party hereto shall be solely responsible
for the fulfillment of its customer contracts or commitments, and City shall not be construed to be responsible for
Customer's contracts or commitments by virtue of this Contract or any provision contained herein.
13.0.Choice of Venue.
All acts performable under the terms of this Contract and all amounts due under this Contract, including, but not
limited to,payments due under this Contract or damages for the breach of this Contract,shall be paid and be due in
Wichita County,Texas,said Wichita County,Texas,being the place of performance agreed to by the Parties to this
Contract.In the event that any legal proceeding is brought to enforce this Contract or any provision hereof,the same
shall be brought solely in Wichita County,Texas.
14.0.Pledge of Revenue.
Customer represents and covenants that all payments to be made by it under this Contract shall constitute reasonable
and necessary operating expenses of its system, and that all such payments will be made from the revenues of its
water system. Customer represents and has determined that the water supply to be obtained from City is absolutely
necessary and essential to the present and future operation of its water system and is the only available and adequate
source of supply of Water therefore, and, accordingly, all payments required by this Contract to be made by
Customer shall constitute reasonable and necessary operating expenses of Customer's system or systems as described
above with the effect that the obligation to make such payments from revenues of such system or systems shall have
priority over any obligation to make any payments from such revenues,whether of principal, interest,or both,with
respect to all bonds heretofore or hereafter issued by Customer with the exception of any loan to Customer from the
United States of America for financing Customer's water system. With respect to Customer's obligations to the
United States of America for financing Customer's water system,the City and the United States of America shall
have equal priority. Customer agrees throughout the term of this Contract to continuously operate and maintain its
water system and to fix and collect such rates and charges for water services to be supplied by its water system as
will produce revenues in an amount equal to at least(i) all of its payments under this Contract and (ii) all other
amounts as required by the provisions of the ordinances or resolutions authorizing its revenue bonds or other
obligations now or hereafter outstanding.Unless otherwise specifically provided in writing by subsequent Contract
between City and Customer, all payments due by Customer are to be made from the revenues and income received
by Customer from the ownership and operation of its water system.
15.0. Indemnity. Customer shall defend, indemnify and hold harmless City and City's officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorneys' fees and
expenses brought for any injuries to persons or damages to property in connection with the performance or attempted
performance of this Contract. Customer expressly agrees to defend, indemnify and hold harmless City and City's
officers,agents,and employees in accordance with this clause regardless of whether the injury or damage is caused
in whole or in part by the acts,or omissions,including negligence,of City or its officers,agents or employees or any
condition of City's property.
16.0. Amendments to be in Writing. The Parties to this Contract agree that they have read all provisions of this
Contract and any exhibits hereto.This Contract and any exhibits hereto are the complete and exclusive statements of
the terms agreed upon, superseding all prior Contracts or statements, either written or oral. No modification,
amendment,or addition to this Contract is valid unless in writing and signed by all Parties hereto,except that rates
may be established by City as provided above.
Page 6 of 8
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 8.A
Kinley Hegglund,City Attorney
Page 8 of 8
PAGE 10 OF 10 PAGES
AGENDA ITEM NO. 8.A
CITY COUNCIL AGENDA
March 19, 2024
ITEM/SUBJECT: Resolution authorizing the City of Wichita Falls' continued
participation with the Atmos Cities Steering Committee and
authorizing the payment of five cents per capita to the Atmos Cities
Steering Committee to fund regulatory and related activities related
to Atmos Energy Corporation.
INITIATING DEPT: Legal
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice effective governance
COMMENTARY: The Atmos Cities Steering Committee ("ACSC") is composed of 185
municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division that
have retained original jurisdiction. Atmos is a monopoly provider of natural gas. ACSC
protects the authority of municipalities over the monopoly natural gas provider and
defends the interests of residential and small commercial customers within the cities.
Although many of the activities undertaken by ACSC are connected to rate cases (and
therefore, expenses are reimbursed by the utility), ACSC also undertakes additional
activities on behalf of municipalities for which it needs funding support from its members.
It is actively involved in appeals, rulemaking, and legislative efforts impacting the rates
charged by Atmos within the City. These activities will continue throughout the calendar
year. Additional efforts may be necessary on new issues that arise during the year, and
it is important that ACSC be able to fund its participation on behalf of its member cities. A
per capita assessment has historically been used as the method for the members to bear
the burdens associated with the benefits received from the membership.
On December 7, 2023, the Atmos Cities Steering Committee ("ACSC") held a quarterly
meeting with representatives from Atmos Energy. During the meeting, the group
discussed upcoming natural gas issues and approved the assessment for ACSC
membership. Using the population-based assessment protocol previously adopted by
ACSC, the assessment for 2024 is a per capita fee of $0.05. This amount is the same as
was adopted for 2019-2023.
® City Attorney
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 8.B
Resolution No.
Resolution authorizing the City of Wichita Falls' continued
participation with the Atmos Cities Steering Committee; and
authorizing the payment of five cents per capita to the Atmos Cities
Steering Committee to fund regulatory and related activities related to
Atmos Energy Corporation
WHEREAS, the City of Wichita Falls is a regulatory authority under the Gas Utility
Regulatory Act (GURA) and has exclusive original jurisdiction over the rates and services
of Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal boundaries
of the City; and
WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically
intervened in Atmos rate proceedings and gas utility-related rulemakings to protect the
interests of municipalities and gas customers residing within municipal boundaries; and
WHEREAS, ACSC is participating in Railroad Commission dockets and projects,
as well as court proceedings and legislative activities, affecting gas utility rates; and
WHEREAS, the City is a member of ACSC; and
WHEREAS, in order for ACSC to continue its participation in these activities,
which affects the provision of gas utility service and the rates to be charged, it must
assess its members for such costs.
NOW, THEREFORE, BE IT RESOLVED that we, the City Council of the City of
Wichita Falls, Texas:
1 . That the City is authorized to continue its membership with the Atmos Cities
Steering Committee to protect the interests of the City of Wichita Falls and protect the
interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and
conducting business within the City limits.
2. The City is further authorized to pay its 2024 assessment to the ACSC in the
amount of five cents ($0.05) per capita for a total amount of $5,343.80.
3. A copy of this Resolution and approved assessment fee payable to "Atmos Cities
Steering Committee" shall be sent to:
Brandi Stigler
Atmos Cities Steering Committee
do Arlington City Attorney's Office, Mail Stop 63-0300
101 S. Mesquite St., Suite 300
Arlington, Texas 76010
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 8.B
PASSED AND APPROVED this the 19th day of March, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 8.B
CITY COUNCIL AGENDA
March 19, 2024
ITEM/SUBJECT: Resolution authorizing the City Manager to execute all documents
necessary for the purchase and installation service to Allison
Aquatics Group in the amount of $1 ,675,700 for a new Mat Racer
Attraction and Timing Light System at Castaway Cove Water Park.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: Complete Signature Public Improvement Projects
COMMENTARY: In August of 2023, the City and H Two Management and Marketing,
who manages the Park on the City's behalf, worked together to publish a Request for
Proposals for the design-build of a new waterslide feature and a timing light system.
Proposals were received on September 27, 2023. Allison Aquatics Group was the only
bidder.
The project is comprised of the assembly and installation of a Whitewater multi-lane mat
racer and a Whitewater timing light system. It will include site work, slide foundation, slide
pumps, sump pit and surge tank, plumbing, and electrical. Whitewater representatives
will be onsite during the construction of the slide for technical support and oversight.
The FY 2024 budget includes $1 ,130,000 for a new attraction, which is funded by
$919,000 from Water Park fund balance and $211,000 from Water Park operations. In
addition, the FY 2023 budget included a one-time transfer from excess general funds in
the amount of $575,000 for a new attraction. The total available budget from these
sources is $1 ,705,000.
Staff recommends the award of bid for the construction of a new water slide feature and
timing light system to Allison Aquatics Group in the amount of $1 ,675,700.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 8.0
Resolution No.
Resolution selecting the proposal of Allison Aquatics Group for the
new Mat Racer Attraction and Timing Light System for Castaway Cove
Water Park and authorizing execution of an agreement for
construction in an amount not to exceed $1,675,700
WHEREAS, the City Council finds that the City has complied with all prerequisites
of Texas Government Code §2269.151 , et seq. for acceptance of the proposal of Allison
Aquatics Group and authorization to execute a contract therewith for the New Mat Racer
Attraction and Timing Light System for Castaway Cove Water Park; and
WHEREAS, the City of Wichita Falls advertised and requested competitive
proposals for the completion of a new water slide and timing light system for Castaway
Cove Water Park, and bids were received and publicly opened on September 27, 2023;
and
WHEREAS, one proposal was received that met the City's requirements; and
WHEREAS, the proposal submitted by Allison Aquatics Group was determined to
be in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City selects the proposal of Allison Aquatics Group for the New Mat
Racer Attraction and Timing Light System for Castaway Cove Water Park
and authorizes City staff to execute all documents necessary, in forms
approved by the City Attorney, for construction not to exceed $1 ,675,700.
PASSED AND APPROVED this the 19th of March, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 8.0
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PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 8.0