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AGD 08/06/2024 City of Wichita Falls City Council Agenda Tim Short, Mayor Bobby Whiteley, Mayor Pro Tem/At Large Michael Smith, District 1\TAl - Larry Nelson, District 2 • Jeff Browning, District 3 rA IJc4� Q a �S Mike Battaglino, District 4 � c�,r-14 TEXAS Tom Taylor, District 5 "�� &/ue e�:4o/der�Oyportumities: �/y� 'P- Darron Leiker, City Manager A,LL 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, August 6, 2024, 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: Father Elmer Miguel Church of the Good Shepherd (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month — Rebecca Zucker, Police Department (b) Proclamation — National Health Center Week, Community Healthcare Center (c) Proclamation — Farmers Market Week 2024, Downtown Wichita Falls Development (d) Proclamation — Safe Digging Awareness Week and National 811 Day, Pam Hughes Pak/Atmos Energy (e) Presentation — Atmos Fueling Energy Report and Annual Rate Review, Pam Hughes Pak/Atmos Energy 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 July 16, 2024 Regular Meeting of the Mayor and City Council. 6. Receive Minutes (a) Wichita Falls 4B Sales Tax Corporation (WF4BSTC), June 1 , 2023 (b) Wichita Falls Economic Development Corporation, June 15, 2023 (c) Wichita Falls 4B Sales Tax Corporation (WF4BSTC), August 10, 2023 (d) Wichita Falls Economic Development Corporation, August 17, 2023 (e) Wichita Falls Economic Development Corporation, October 19, 2023 (f) Wichita Falls Economic Development Corporation, November 16, 2023 (g) Wichita Falls 4B Sales Tax Corporation (WF4BSTC), February 13, 2024 (h) Wichita Falls Economic Development Corporation, February 15, 2024 (i) Wichita Falls Economic Development Corporation, April 18, 2024 (j) Wichita Falls Economic Development Corporation, May 16, 2024 (k) Wichita Falls Park Board, May 23, 2024 (I) Central Wichita Falls Neighborhood Revitalization Committee, June 25, 2024 (m) Central Wichita Falls Neighborhood Revitalization Committee, July 9, 2024 REGULAR AGENDA 7. Public Hearings and Ordinances CITY COUNCIL AGENDA PAGE 2 OF 6 (a) Conduct a public hearing and take action on text amendment to amend the Code of Ordinances, Appendix A: Subdivision and Development Regulations revising and updating sections addressing: Standards and specifications relating to: utility lines, modification of subdivision regulations (appeal procedure), and providing for modification requirements related to Stormwater Design Manual and the Pavement Design Manual; providing a repealer clause; providing for inclusion i. Public Hearing ii. Take Action (b) Ordinance making an appropriation to the Special Revenue Fund for the FEMA 2023 Assistance to Firefighters Grant Program in the amount of $524,727.27 received from the U.S. Department of Homeland Security, authorizing a contribution of$52,472.23 in matching funds, and authorizing the City Manager to execute all forms and contracts accepting (c) Ordinance making an appropriation to the Special Revenue Fund for the Epidemiology Expansion Program in the amount of $72,247; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same (d) Ordinance appropriating $114,417 of grant funds pursuant to the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024, SB 224 Catalytic Converter Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds (e) Ordinance appropriating up to $192,126 to the Special Revenue Fund for personnel and equipment funding through a local partnership agreement with the Helen Farabee Center for the Wichita Falls Multidisciplinary Behavioral Health Response Team for Years 2024 and 2025 and authorizing the City Manager to accept said funds (f) Ordinance appropriating up to $64,000 to the Special Revenue Fund for the purchase of a Ford Expedition and additional vehicle equipment from the McCoy Foundation Grant Agreement for the Wichita Falls Multidisciplinary Behavioral Health Response Team and authorizing the City Manager to accept said funds (g) Ordinance amending Section 102-108b Altered Prima Facie Speed Limits of the Code of Ordinances of the City of Wichita Falls, to Codify speed zones changes (h) Ordinance calling a General Election by the qualified voters of the City of Wichita Falls to be held on Tuesday, November 5, 2024, to elect a Councilor at large, Councilor District 1 , and Councilor District 2 and authorizing a contract with Wichita County to furnish election services and equipment CITY COUNCIL AGENDA PAGE 3 OF 6 (i) Ordinance authorizing a Special Election to be held on November 5, 2024, to submit the question of whether Chapter 174 of the Texas Local Government Code should be adopted and propose an amendment to the City Charter to add Section 155 Collective Bargaining Impasse, be submitted to the voters during the said election, setting forth the proposed amendments and prescribing the form of the propositions (j) Ordinance approving the submission of additional proposed City Charter amendments to the voters during the general-special election of November 5, 2024; further, setting forth the additional proposed amendments and prescribing the form of the propositions 8. Resolutions (a) Resolution authorizing the City Manager to enter into an agreement with Edgin, Parkman, Fleming & Fleming, PC for Financial Audit Services for the Fiscal Year Ended September 30, 2024, with an option to renew for four additional one-year periods (b) Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (4A) and amending the budget to include funding up to $1 ,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls (c) Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board of Directors and amending the budget to include funding up to $1 ,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls (d) Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board of Directors and amending the budget to include funding to the YMCA of Wichita Falls to support the construction of a new indoor aquatics facility at the existing Bill Bartley YMCA branch in Wichita Falls (e) Resolution authorizing the City Manager to enter into a non-annexation agreement with Panda High Plains Hemp Gin, LLC guaranteeing the company immunity from annexation for a certain term (f) Resolution approving the substantial amendment to the PY 2019 Annual Action Plan to reallocate $207,354.80 and continue certain previously awarded funding through the Community Development Block Grant — Coronavirus (CDBG-CV) program CITY COUNCIL AGENDA PAGE 4 OF 6 (g) Resolution approving the PY 2024 Annual Action Plan to allocate Community Development Block Grant (CDBG) funds in the amount of $1 ,202,286 and HOME funds in the amount of $349,481 , and reallocating $200,000 in prior year CDBG funds; authorizing the City Manager and Assistant City Manager to execute all HUD documents (h) Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a Hike & Bike Trail Camp Fire Property to Lucy Park in the amount of $83,512 (i) Resolution authorizing the City Manager to execute all documents necessary to purchase the Fleet Management Software through the GSA Contract from AssetWorks Inc. in the amount of $62,787.66 (j) Resolution allowing the City Manager to execute an Airport Facilities Lease and Rental Car Concession Agreement at the Wichita Falls Regional Airport with EAN Holdings, LLC (dba Enterprise Rent-A-Car) (k) Resolution authorizing the purchase of two 3/4-ton pickups for the Landfill and Water Purification Divisions through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II, LLC in the amount of $100,150 (I) Resolution approving a mediation settlement agreement between the City of Wichita Falls and Wichita Falls Hospitality, Inc (Cause No. DC30-CV2023-2212) 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.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 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 City of Wichita Falls v. Wichita Falls Hospitality, Inc.). (b) Executive Session in accordance with Texas Government Code § 551 .087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, MSU Student Success and CITY COUNCIL AGENDA PAGE 5 OF 6 Military Education Center, YMCA aquatics facility, and Panda High Plains Hemp Gin). (c) Executive session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to, City Manager and City Attorney). 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 the Wichita Falls Public Library, Wichita Falls, Texas on the 31st day of July, 2024 at 5:00 o'clock p.m. City Clerk / CITY COUNCIL AGENDA PAGE 6 OF 6 CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Employee of the Month INITIATING DEPT: Police Department NAME: Rebecca Zucker DEPARTMENT: Police Administration HIRE DATE: 8/11/2021 PRESENT POSITION: Administrative Secretary Police Administration COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, gift card for dinner at a local restaurant, and a check for $200). ® Director of Human Resources ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 1 PAGES AGENDA ITEM NO.3.A City of Wichita Falls City Council Meeting Minutes \--1Yrit.c4i4 July 16, 2024 fi � • TEXAS \, < Net M *free-Oipartufere-s. Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in a regular session at 8:30 a.m. on the above date in the Seminar Room at the MPEC 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 Pastor Rod Redding gave the invocation. Item 2b - Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a - Presentation - Municipal Clerk's Office Achievement of Excellence Award 8:31 a.m. PAGE 1 of 9 AGENDA ITEM NO.5. Mayor Short recognized the City Clerk's office for receiving the Texas Municipal Clerks Association Municipal Clerk's Office Achievement of Excellence Award for the third time. Item 4 - Comments from Citizens 8:33 a.m. There were no comments from citizens. Item 5-6 - Consent Items 8:33 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. The motion was seconded by Councilor Taylor 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 July 2, 2024, Regular Meeting of the Mayor and City Council Item 6 - Receive Minutes (a) Planning & Zoning Commission, May 8, 2024 (b) Lake Wichita Revitalization Committee, May 14, 2024 Item 7a - Ordinance 28-2024 8:34 a.m. Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $200,000 in Texas Department of Transportation Aviation Division CITY COUNCIL MINUTES July 16, 2024 PAGE 2 OF 9 PAGE 2 of 9 AGENDA ITEM NO.5. Routine Airport Maintenance Program (RAMP) Funds for FY 2025 Projects at Kickapoo Downtown and Wichita Falls Regional Airports. Moved by Councilor Browning to approve Ordinance 28-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8a - Resolution 77-2024 8:36 a.m. Resolution authorizing the City of Wichita Falls to adopt the Wichita County Hazard Mitigation Action Plan to ensure the City continues to mitigate and reduce the overall damage caused by disasters that will impact the City of Wichita Falls. Moved by Councilor Nelson to approve Resolution 77-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8b- Resolution 78-2024 8:38 a.m. Resolution authorizing the expenditure for an emergency repair at Lift Station Number 5 to Bowles Construction Company, in the amount of $62,583.82. Moved by Councilor Browning to approve Resolution 78-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None CITY COUNCIL MINUTES July 16, 2024 PAGE 3 OF 9 PAGE 3 of 9 AGENDA ITEM NO.5. Item 8c - Resolution 79-2024 8:41 a.m. Resolution authorizing the City Manager to formally reject the bid and contract for the Cypress Plant 61 Improvements- Pipe Gallery, Surface Wash and Trough Replacement Project from MH Civil Constructors, Inc. in the amount of $5,120,000.00. Moved by Councilor Nelson to approve Resolution 79-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8d - Resolution 80-2024 8:50 a.m. Resolution authorizing the purchase of five 1/2-ton pickups and two 3/-ton pickups for various City Divisions through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II LLC in the amount of $300,189.00. Moved by Councilor Browning to approve Resolution 80-2024. The motion was seconded by Councilor Smith and carried by the following vote: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9a - Mayor - Initiated Discussion Regarding Amending City Code of Ordinance Chapter 90- Solid Waste (Roll-Offs) 8:57 a.m. Russell Schreiber, Director of Public Works, gave a presentation regarding the proposed changes to the Solid Waste Ordinance. He stated that per the Texas Administrative Code and the City Charter, the City is required to provide all solid waste collection services and that services are provided at cost. In October of 2021, the City discovered third-party CITY COUNCIL MINUTES July 16, 2024 PAGE 4 OF 9 PAGE 4 of 9 AGENDA ITEM NO.5. providers had infringed upon the city's solid waste service, resulting in several violations of Texas Commission on Environmental Quality (TCEQ) regulations. Mr. Schreiber discussed the provisions of the current Ordinance and services historically provided by the City and by third-party providers. He discussed the Mayor's recommendations to eliminate site permits, allow third-party providers to provide residential clean-out services, eliminate the reporting requirements, and allow third-party providers to use other landfills when the city landfill is closed for holidays. Mr. Schreiber discussed the consequences to the City if these changes are made, which include the loss of flow control, loss of revenue, and possible violations of TCEQ rules. He stated that staff supports the current Ordinance. The Council had a lengthy discussion regarding the proposed changes. They discussed that most complaints over the past two years had been related to residential clean-ups, services provided by the City, the desire to be small-business friendly, the minimal fees, the 10-day requirement for residential clean-outs, how residential site permits could assist with flow control, the City's responsibility to enforce all waste disposal laws, possible loss of revenue, safety concerns regarding where dumpsters can be placed, and the desire to find a middle ground. It was noted that the current Ordinance does allow the Public Works Director discretion on dumpster placement. Mayor Short stated he has been discussing this since he started his campaign and wants to find a middle ground to make the Ordinance better. His goal is to eliminate the reporting requirements, eliminate site permits and franchise fees, allow third parties to provide residential clean-ups with dumpsters larger than 10 yards, for all trash picked up in Wichita Falls to go to the City landfill, and for everyone that uses the landfill to pay for the service. He recommended changes to various pages of the draft Ordinance that was presented and that lost revenue could be recouped by having everyone pay at the landfill. Mayor Short stated he is on the side of small business. There was a brief discussion regarding concerns about having everyone pay at the landfill, how fees are based on tonnage, and concerns about eliminating site permits, and how site permits are not required for residential clean-outs since they are currently provided by the City. Mickey Fincannon, M&R Services, said that he feels the Council is being misled by staff and that the third-party providers' only concern is roll-off dumpsters. He said there had been no TCEQ violations by the third-party providers, although the City has had violations, that the dumpsters set by third-party providers were not illegal; they were allowed to be there, and if there was an ordinance, it was not enforced by the City for years. He feels that the lost revenue is from allowing contractors who have purchased dump trailers to dump for free, and he did not agree with the economic impact numbers provided by Mr. Schreiber. He feels that private haulers can provide this service the best, as he takes 5-10 calls a week for a residential dumpster, which he cannot provide under the current Ordinance. He hates the fact that City staff has spent hundreds of thousands CITY COUNCIL MINUTES July 16, 2024 PAGE 5 OF 9 PAGE 5 of 9 AGENDA ITEM NO.5. of dollars in order to control everything and feels we should be working as a team for the citizens. Mr. Fincannon said the City never provided roll-off dumpsters until they purchased the 10-yard dumpsters and that he agrees with the need for flow control as the City makes money from the landfill. He discussed the landfill in Iowa Park and stated the cost to run it is around $9-$10 per ton, and he feels that either the City is not good at controlling expenses or is being provided inaccurate information because the City is making money on the landfill. He discussed flow control and how the permits do not show how many dumpsters are hauled from every location. He knows there are businesses taking trash to other landfills even with a site permit, feels the Council knows the best thing is to revise the Ordinance, and the staff wants control and is misleading the Council. Wayne Pharries, 7 Mayfair Terrace, stated he is not in the roll-off or construction business but is here to advocate for all small businesses. He discussed putrescible waste, suggested fines for those who violate the rules, and asked why revenue is an issue if the City is revenue neutral. Mr. Pharries said these services were provided two years ago because the city was not providing the service, and private businesses filled the gap with competitive services. What got the public's attention was when citizens lost these services and the dirty tricks the City used, such as declaring an emergency and accusing third- party businesses of breaking laws. He said the Council runs to help the City and is elected by the people, and they are here to represent the people to the City Government and not the City Government to the people. Hayden Hansen, 6907 Seymour Highway, stated he did not care for being called a criminal, that his business follows TCEQ laws, and that he has not been fined or had any violations. They are not trying to haul putrescible waste, as that is the City's business. They would like to be able to provide clean-outs of bulky items due to evictions or when realtors sell a home that has items that need to be removed. He discussed how third- party providers work on holidays, and if the hospital needs trash hauled on a holiday, it must be hauled, and the City is not open on holidays. He discussed issues with the transfer station, and issues due to how much trucks weigh, which keep them from using the transfer station. He discussed how businesses already pay taxes that cover road expenses and that other industries that drive trucks and tear up streets are not charged a fee. Mr. Hansen said he feels the Mayor has done a great job on this, but the draft Ordinance presented needs to allow more than 10 days for clean-outs. He feels changes can be made to work with both sides and make everyone happy and do what is best for our citizens. Kerry Wylie, 6907 Seymour Highway, discussed the current Ordinance and various portions of the Texas Health and Safety Code Chapter 363, which allow private businesses to provide services and encourages local governments to contract with local businesses to meet the requirements of that chapter. He said he is for flow control but said that there are more dump trailers in the city now than there were two years ago when changes to the Ordinance were made. Mr. Wylie discussed the changes in the total fees paid to the City since the changes two years ago, how the current Ordinance targets roll- CITY COUNCIL MINUTES July 16, 2024 PAGE 6 OF 9 off companies and asked why landscaping businesses are exempt. He discussed the current franchise requirements that target waste haulers and asked that they be removed. He suggested implementing a waste hauler permit of $250 per truck per year, requiring everyone to pay at the landfill, and for those who do not want to purchase the annual permit, implement a fee per trip plus tonnage, as these changes would provide options for the citizens. The proposed changes would charge all waste haulers, regardless of the type of vehicle, and would still allow residents to use the transfer station for free. Mr. Wylie discussed various suggestions for charges and possible rebates depending on the tonnage hauled per year and suggested a number be assigned to each permitted truck, and the truck number be noted on landfill tickets to assist with tracking. He requested that all reporting requirements be removed, that site permits be removed, that third-party haulers be allowed to work in the residential market for non-putrescible waste removal, and discussed the possible revenue increase for the City. He feels these changes provide options to citizens when they need a roll-off larger than 10 cubic yards. Carol Murray, 3202 Beech, said she attended the meeting to support small business and she appreciates this item being placed on the agenda. She asked that the Council eliminate the government oversight as much as possible and discussed issues with individuals with rental properties having to open a water account to get a City dumpster set, and asked for that requirement to be removed. Ms. Murray discussed how third-party haulers are already required to meet TCEQ requirements. She mentioned the recently approved Health Department Ordinance and how the State of Texas does not require a food manager certification, but the City has required that and has made it difficult for her business to operate. She encouraged the Council to think like a business and thanked the Council for their consideration. Michael Albert, owner of Service Master, 7940 Seymour Highway, expressed concerns about the statements regarding lost revenue if services are provided at cost. He said his main concern is when Service Master has to remove items damaged by flood or fire, they have to work quickly due to mold issues. He has had issues with the permitting process, such as needing a water bill to get a City dumpster set, having to leave a message with a possible 24-hour response time, the need for access to larger dumpsters, and how these things cause customer service issues that are not good for the City. He also discussed dumpsters being donated to non-profits, which is no longer an option under the current City Ordinance due to permitting requirements. Mr. Albert discussed the 10-day rule and how that is not always feasible to get a house cleaned out within 10 calendar days. He feels an unintended side effect of the changes is the number of dump trucks and trailers purchased to get around the current restrictions. He also discussed traffic and trash on Seymour Highway and Wylie Road that has gotten worse since the changes were made and how contractors are circumventing the system using dump trailers since any address can be given, and there is no way to verify it. He asked that the City not overregulate, and look for other options like an online reporting process that allows a dumpster to be set on a weekend and reported within 24 hours. CITY COUNCIL MINUTES July 16, 2024 PAGE 7 OF 9 PAGE 7 of 9 AGENDA ITEM NO.5. Michael Grassi, 7 Amber Valley, a local developer, residential contractor, and member of the Texas Homebuilders Association, stated he understands the need for tracking, and his main concern is where dumpsters can be placed on a job site. He acknowledged that the current Ordinance does allow the Director of Public Works discretion, that although the dumpster at the County is in a parking place, it is also legal to park on a City street, and he agreed that steps needed to be taken to ensure safety. Mr. Grassi discussed Chapter 90, Section 3, Subsection B, regarding if a sanitation bill is charged when a certificate of occupancy is issued before a house is occupied. Mr. Hegglund stated that sanitation services for twice a week trash pickup would not be charged before the house is occupied. Mr. Grassi said that the fee is being charged even when a house is not occupied. Mr. Leiker offered to meet with Mr. Grassi to discuss this issue. Mayor Short expressed his appreciation for the robust discussion. The issues will be discussed in meetings, and this item will be placed on a future agenda. Item 9b - Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:41 a.m. Councilor Taylor stated he appreciates the input from everyone. He attended the District 4 Town Hall, which was well attended. He thinks Town Hall meetings are good as they give citizens the opportunity to ask questions and resolve issues. He discussed changes made after the District 5 Town Hall meeting due to citizen input. He complimented the staff for their cooperation and said he appreciated it. Councilor Whiteley congratulated the City Clerk's staff on the award and thanked John Burrus for changing 11th Street from one-way to two-way, which is an improvement downtown. Councilor Taylor addressed a fire issue voiced at his Town Hall meeting. He realized the serious fire danger associated with tall grass and homes with open lots behind them and asked for ideas on how to handle this issue. Councilor Browning thanked the Mayor for bringing this up and for everyone who came and provided input. He would like to meet with staff and contractors to discuss the draft ordinance further. Councilor Smith thanked Councilor Browning for his comments and noted that the draft ordinance was provided to the Council last week. He also thanked all of the City Departments and Sheppard Air Force Base for putting on Freedom Fest, which was the best he has ever seen. Councilor Battaglino congratulated the City Clerk Staff on their award. He thanked everyone for attending his Town Hall last night. They had a great dialogue covering a lot CITY COUNCIL MINUTES July 16, 2024 PAGE 8 OF 9 PAGE 8 of 9 AGENDA ITEM NO.5. of topics, including Lake Ringgold, kids driving golf carts, finishing the circle trail, motorized vehicles on the trail, what Police presence might look like on the trail, and off- leash dog issues. Events in August include Leaderfest on August 2nd, and The Honky Tonkin' Boot Stompin' Shelter Stampede fundraiser for the Humane Society on August 3rd. He thanked the Mayor for bringing up dumpster ordinance issues. Councilor Nelson, thanked Paul Menzies for assisting John Burrus with finding vehicles for the Development Services Department. Mayor Short thanked everyone who participated today. He said Democracy is messy, passionate, and imperfect. In the past 18 months, he has learned more about water, hemp, and roll-offs, and he asked for everyone's patience. Item 10 - Adjourn Mayor Short adjourned the meeting at 10:53 a.m. PASSED AND APPROVED this 6th day of August 2024. Tim Short, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES July 16, 2024 PAGE 9 OF 9 PAGE 9 of 9 AGENDA ITEM NO.5. MINUTES OF THE WICHITA FALLS 4B SALES TAX CORPORATION (4BSTC1 June 1,2023 Present: Tony Fidelie, President § Members Glenn Barham, Vice President § Rick Hatcher, Secretary-Treasurer § Dave Clark § Darron Leiker § Nick Schreiber § Michael Mills § Stephen Santeliana, Mayor § Mayor& City Councilors Bobby Whiteley, Mayor ProTem § R. Kinley Hegglund, Jr., City Attorney § City Staff Paul Menzies,Assistant City Manager § Blake Jurecek, Assistant City Manager § Terry Floyd, Dir of Development Svcs § Stephen Calvert, Senior Budget Analyst § Karen Montgomery-Gagne, Planning § Administrator § Monica Aguon,Assistant City Attorney § Chris Horgen, Public Information Officer § Paige Lessor, Executive Legal Assistant § 1. Call to Order. Mr. Fidelie called the meeting to order at 3:00 p.m. 2. Report of financial condition (current, past & planned budget & expenditures); and other administrative actions Mr. Menzies addressed the Board and stated that sales tax is still ahead for the year compared to the end of last year. Even though there has been a downward trend, sales tax is up over three percent compared to the previous year. If the current rate continues until the end of the fiscal year, the sales tax revenue for the 4B Corporation will be approximately $5.35 million compared to last year's revenue of about $5.2 million. Mr. Menzies then directed the Board's attention to the increase in interest earnings,which will be almost the equivalent of a 13th sales tax payment. He told the Board that about $6 million is available for new projects. He explained that some of the open projects on the report had been paid in full and would be moved to the closed projects category. Mr. Menzies noted that the Pickers' Universe project had been paid in full ($133,000) and will-be opening soon. The Kell House and Backdoor Theatre projects have been completed and paid in full. He also told the Board that the real estate purchase of the land along the river located next to the Hotel By the Falls had closed. Mr. Fidelie asked if the money in the bank was invested through the finance department. Mr. Leiker explained that the City has certain pools, laddered investments, and various tiered investments. Most of the funds are in these types of investments. Mr. Fidelie said he was curious WF4BSTC Minutes Page 1 of 2 06.01.2023 PAGE 1 of 2 AGENDA ITEM NO.6.a as to much interest the money was earning. Mr. Calvert said the interest rate was approximately five percent. No further questions were asked or comments made about the financial report. 3. Consent Agenda a) Approval of Minutes of March 2, 2023. Mr. Hatcher moved to approve the consent agenda. Seconded by Mr. Clark and following no public comment. the motion carried 7-0. b) Approval of Downtown Matching Grant Applications i. 807 8th Street ii. 816 Indiana iii. 804 Lamar Mr. Leiker moved to approve the Downtown Matching Grant applications. Seconded by Mr. Barham and following no public comment, the motion carried 7-0. 4. Executive Session. Mr. Fidelie adjourned the meeting into executive session at 3:05 p.m. pursuant to Texas Government Code sections 551.087 and 551.072. He announced the meeting back into regular session at 4:29 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further action were taken on these items in executive session. 5. Adjourn. No further discussions took place, nor actions taken. Mr. Fidelie adjourned the meeting at 3:32 p.m. Guy A. "To " Fidelie, Jr., President WF4BSTC Minutes Page 2 of 2 06.01.2023 PAGE 2 of 2 AGENDA ITEM NO.6.a MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION June 15,2023 Present:, Leo Lane, President § WFEDC Members Phyllis Cowling, Secretary-Treasurer § Darron Leiker § Brent Hillery § Bobby Whiteley, Mayor ProTem § Mayor&Councilors Paul Menzies,Assistant City Manager § City Administration Blake Jurecek,Assistant City Manager § James McKechnie,Deputy City Attorney § Jessica Williams, CFO/Director of Finance § Stephen Calvert, Senior Budget Analyst § Terry Floyd, Director of Development Svcs § Chris Horgen, Public Information Officer § Paige Lessor,Executive Legal.Assistant § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, Partner—Jobs Team § Absent: David Toogood, Vice President § WFEDC Member 1. Call to Order Mr. Lane called the meeting to order at 2:30 p.m. 2. Consent Agenda a.Approval of Minutes (May 18, 2023) b.Financial Report Mr. Menzies stated that things were starting to slow down nationally, and that is being reflected locally. Sales tax is beginning to flatten out,but the Corporation is still running about 2% ahead of this time last year. Interest is still doing well; if it continues, it will be like having a 13th sales tax payment. The Board's unrestricted fund balance is about $10.6 million. He asked the Board to note that the project approved earlier this year, a$2.75 million forgivable loan to Pratt& Whitney will be paid out next week.Mr.Menzies also reminded the Board that the Pratt&Whitney Project funding has already been set aside and encumbered and does not affect the unrestricted fund balance. Ms. Cowling moved to approve the Consent Agenda as presented. Seconded by Mr. Hillery, motion carried 4-0. WFEDC Minutes 06/15/2023 Page 1 of 3 PAGE 1 of 3 AGENDA ITEM NO.6.b 3. Financial Management Update with Jessica Williams, CFO/Director of Finance Ms.Williams reminded the Board that there was a brief discussion about establishing some kind of policy addressing incentives a year ago. Because Ms. Williams is the fiduciary for the Board, she researched the recommendations of the Government Finance Officers Association (GFOA) and wanted to review the best practices with the Board. The Board's current financial reporting is given to board members monthly in a financial report at the monthly meeting. She stated the WFEDC has an annual budget that the Board adopts and then is adopted by City Council. The WFEDC is a component unit of the City of Wichita Falls and is listed in the Annual Comprehensive Financial Report, and is a part of the City's audit. On behalf of the WFEDC, Ms. Williams reports to the State Comptroller. Ms. Williams presented the GFOA's recommendations to the Board, explaining that because the WFEDC uses public funds to provide incentives to the community, they need to be tracked and ensure a fair and transparent process for awarding these incentives.No one wants to accidentally violate any laws or end up with collections that can't be gotten back. All of this information should be included in any contracts.To assist in this process,the GFOA recommends that the Board establish a policy setting forth WFEDC's goals and types of incentives to be offered. For example, the incentives could be based on the value of the project or what the project will bring to the community. Anyone who wants to apply for a project could look at the policy online to find out the range of incentives they could receive. Ms.Williams then discussed monitoring and report compliance.She stated that the Finance Department did not have the WFEDC's project status information. If so directed,they could work with the Chamber to include that information in the monthly financial report. Another best practice Ms.Williams recommended was establishing a fund balance policy. She recommended reserving 25%of the prior year's annual cost.In the budget process,the finance department would look at the total expenses for the previous year plus encumbrances and then determine 25% of that amount to set aside in case of an emergency or unforeseen events, i.e., a large legal settlement. She explained the process for the current financials. The fund balance is approximately$10.5 million, so 3.8 million would be restricted, leaving an unrestricted balance of 6.7 million. All City financial policies and practices apply to the WFEDC Fund. These policies and procedures are available in the annual budget document and online. Mr.Lane stated that the Board had previously hired a consultant and developed a range of incentives.The Board discussed using the term guidelines instead of policy. Ms.Cowling said they have all the elements needed.They just need to be put together in policy or guideline format. Ms. Cowling also asked for clarification on the meaning of"restricted" for purposes of the WFEDC. She asked if"restricted" meant"board designated." Mr. Calvert confirmed that it is the Board's discretion not to use it. Mr. Lane asked if anyone had any more questions for Jessica. No further questions were asked or comments made. 4. Executive Session Mr. Lane adjourned the meeting into executive session at 2:40 p.m. pursuant to Texas Government Code§§ 551.087, 551.071, and 551.074.He announced the meeting back into regular session at 3:54 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. WFEDC Minutes 06/15/2023 Page 2 of 3 PAGE 2 of 3 AGENDA ITEM NO.6.b 5. Adjourned. The meeting adjourned at 3:54 p.m. ea Lane, President WFEDC Minutes 06/15/2023 Page 3 of 3 PAGE 3 of 3 AGENDA ITEM NO.6.b MINUTES OF THE WICHITA FALLS 4B SALES TAX CORPORATION L4BSTC1 August 10, 2023 Present: Tony Fidelie, President § Members Glenn Barham, Vice President § Dave Clark Darron Leiker § Nick Schreiber § Michael Mills § Craig Reynolds Stephen Santellana, Mayor § Mayor& City Councilors Bobby Whiteley. Mayor ProTem § R. Kinley Hegglund, Jr., City :Attorney § City Staff Paul Menzies, Assistant City Manager § Blake Jurecek, Assistant City Manager § Terry Floyd, Dir of Development Svcs § Stephen Calvert, Senior Budget Analyst § Karen Montgomery-Gagne, Planning § Administrator § Monica Aguon, Assistant City Attorney § Chris Horgen, Public Information Officer § Paige Lessor. Executive Legal Assistant § 1. Call to Order. Mr. Fidelie called the meeting to order at 3:01 p.m. and welcomed all participants. Additionally. Mr. Fidelie welcomed the new board member. Craig Reynolds, who comes from the oil and gas industry and is a lifelong resident of Wichita Falls. Mr. Reynolds expressed his honor and excitement to be a part of the board and contribute to its work. 2. Report of financial condition (current, past & planned budget & expenditures); and other administrative actions Mr. Paul Menzies presented the financial report, highlighting sales tax data. Mr. Menzies noted is down 5.79% compared to the same month last year. However, sales tax is still 1% ahead on the year and 3% ahead on the rolling 12-month period. He further mentioned that the revenue side was tracking as anticipated, with approximately $5.2 million in sales tax revenue for the year. He also reported that the Pickers Universe Project downtown had been closed out, resulting in approximately $7.5 million available for new projects. No further questions were asked or comments made about the financial report. 3. Consent Agenda a) Approval of Minutes of June 1, 2023. Mr. Clark moved to approve the minutes. Seconded by Mr. Mills and following no W F4BtiTC Minutes Page I of 5 08.10.2023 PAGE 1 of 5 AGENDA ITEM NO.6.c public comment, the motion carried 7-0. b) Approval of Downtown Matching Grant Applications i. 713 Indiana Ave ii. 600 8th Street iii. 624 Indiana Ave iv. 813 8th Street Mr. Leiker moved to approve the Downtown Matching Grant applications. Seconded by Mr. Clark and following no public comment,the motion carried 7-0. 4. Public hearing regarding a funding request from the Wichita Falls Chamber of Commerce and Industry for consulting services to support Sheppard Air Force Base. Mr. Fidelie opened the public hearing at 3:05 p.m. Mr. Ron Kitchens, CEO and Chairman of the Wichita Falls Chamber of Commerce addressed the Board. He explained the funding proposal for the consulting services and advocated in favor of the Board assisting with the funding of the consultant. He explained that the idea is to split the cost of the consultant between WF4BSTC, WFEDC, S MAC, and WF Chamber of Commerce. The goal of hiring the consultant is to support the growth of military and aerospace roles and relationships, ensure investments in Sheppard Air Force Base,and attract federal dollars. The proposed agreement with the consulting company would be for three years. Mr. Fidelie clarified a point that in year three of the contract there would be a $500 monthly increase. Mr. Schreiber asked the selection process of the consultant firm, CGA Group. Mr. Kitchens said they called several military communities around the country, including communities in the Gulf Coast region and South Texas, and asked which consulting companies were doing a great job. The CGA Group was a name that was mentioned. This firm has done an incredible job of gathering military suppliers in Lawton, OK. The former vacant mall was purchased and turned into a military supplier base. Also, $50 million in funding has been acquired to develop a research center to support the base. Also, this firm is in a position to know Wichita Falls and Sheppard AFB well. 5. Public hearing regarding a funding request from the City of Wichita Falls to upgrade and/or replace various items at the Wichita Falls Sports Complex on Sheppard Access Road. Mr. Fidelie opened the public hearing at 3:14 p.m. Mr. Blake Jurecek, Assistant City Manager, began the presentation by thanking the board for the opportunity to discuss the funding request. He mentioned that back in September of the previous year, the council approved a contract with Ellis to install turf at one of the sports complexes. They have two sports complexes, and this contract allowed for the purchase and installation of turf on four fields. The project was completed in late February or early March, leading to a successful spring and early summer season with ten tournaments WF4BSTC Minutes Page 2 of 5 08.10.2023 PAGE 2 of 5 AGENDA ITEM NO.6.c hosted at the complex, primarily focused on youth baseball and softball. He also highlighted that there were originally eight tournaments planned for the fall, but thisnumber has since been updated to 12, potentially increasing to 20-24 in the coming year. Additionally, the CVB office has bid on hosting the 2025 USA Softball Southern Regional Nationals, which could significantly boost the number of events and the economic impact. Mr. Jurecek presented historical data, demonstrating the past performance of the facility. In 2011, there were 14 events, with a peak of 18 events in 2014. The long-term goal has always been to host 24 events, with the economic impact estimated to be around $1.8 million per year. He also discussed the economic impact calculation, which considers the number of out-of-town players who spend money in the city. So far, in the current year, the complex has hosted ten tournaments with an estimated economic impact of$1.5 million. • The main items being requested for upgrade or replacement at the complex include: • Portable, free-standing fencing to accommodate different age groups. • Bathroom upgrades, focusing on enhancing privacy. • Repairs to the concession stand, including the replacement of windows and air conditioning. • Replacement of bleachers that have been in use for 34 years. • Repair and partial replacement of the existing fencing around the complex. Mr. Jurecek shared images of the portable fencing and the roofs on the dugouts that require repair. He mentioned the need for better bathroom facilities, pointing out issues with privacy. The concession stand window and air conditioner require repairs. The bleachers, which are 34 years old, need replacement. The existing fencing has issues such as leaning and pulling up at the bottom, requiring significant upgrades. Mr. Barham asked whether the bleachers are made of wood. Mr. Jureckclarified that they are made of aluminum. Mr. Schreiber inquired about plans for the other sports complex. Mr. Jurecek, if the trend of hosting tournaments continues,they plan to explore funding for improvements to the other complex. Tom Taylor, a citizen and member of the Parks and Recreation Board, expressed his support for the project and commended the work done so far. He emphasized the importance of the restroom upgrades and highlighted the positive impact the sports complex has on the community. He noted that many residents in his district are supportive of the tournaments hosted at the complex. Mr. Fidelie closed the public hearing at 3:23 p.m. 6. Consider and take action to approve the Corporation's fiscal 2024 annual budget. Mr. Menzies addressed the board and explained the various revenue sources and expenditure items. WF4BSTC Minutes Page 3 of 5 08.10.2023 PAGE 3 of 5 AGENDA ITEM NO.6.c Revenue: • Sales Tax Revenue: Estimated at just under $5.3 million, consistent with the trend line discussed earlier. • Interest Earnings: Doing well and equivalent to an additional sales tax payment. • Reimbursement from TF2: For projects like the Maplewood extension and Ray Road Lawrence realignment. • Reimbursement from Texdot: Received in the current year for trail commitments. • Parking Garage Leases. Expenditures: • Debt Service on various projects, including firing range, Castaway Cove, and municipal airport terminal. • Downtown Improvement Grants: Funded with $100,000. • CVB: $35,000 to help with tourism-related efforts. • Administrative fees, including officers and directors insurance and maintenance for the Linderman parking garage. • Capital Equipment Maintenance: Phased out after a three-year reduction program. • Administrative Charges: $30,000 for legal and fiscal services. Mr. Menzies also provided updates on several open projects, including 713 Indiana, the Conference Center architects' fees, and the hotel developer project. He discussed the progress of the Kate project, the renovation of the petroleum building, which is expected to be ready for rent in December. During the presentation, there were discussions related to specific projects and their progress, such as the Wichita Falls Brewery and other ongoing developments. Mr. Fidelie highlighted the unique benefit of the 4B Corporation in generating revenue from non- residents passing through the city and investing in various projects to enhance the community. Mr. Fidelie moved to approve the FY2024 Budget. Seconded by Mr. Barham, the motion carried 7-0. 7. Executive Session. Mr. Fidelie adjourned the meeting into executive session at 3:40 p.m. pursuant to Texas Government Code sections 551.087 and 551.072. He announced the meeting back into regular session at 3:59 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further action were taken on these items in executive session. 8. Consideration of a funding request from the Wichita Falls Chamber of Commerce and Industry for consulting services to support Sheppard Air Force Base. WF4BSTC Minutes Page 4 of 5 08.10.2023 PAGE 4 of 5 AGENDA ITEM NO.6.c Mr. Clark moved to provide funding up to $219,000 to the Chamber of Commerce to assist in the cost of a three-year contract with a professional government relations consulting firm to advocate on behalf of Sheppard Air Force Base in favor of policies,funding,and initiatives that support retention, expansion, and enhancement of the military base. Seconded by Mr. Mills, motion carried 7-0. 9. Consideration of a funding request from the City of Wichita Falls to upgrade and/or replace various items at the Wichita Falls Sports Complex on Sheppard Access Road. Mr. Leiker moved to provide funding to the City up to $197,000 to assist in upgrades and improvements to the Wichita Falls Sports Complex located at Sheppard Access Road. Seconded by Mr. Schreiber, motion carried 7-0. 10. Adjourn. No further discussions took place, nor actions taken. Mr. Fidelie adjourned the meeting at 4:01 p.m. Gu A. ny" Fidelie, Jr., President WF4BSTC Minutes Page 5 of 5 08,10.2023 PAGE 5 of 5 AGENDA ITEM NO.6.c MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION, AUGUST 17, 2023 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Phyllis Cowling, Secretary-Treasurer § Darron Leiker § Stephen Santellana, Mayor § Mayor & Councilors Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Jessica Williams, CFO/Finance Director § Stephen Calvert, Senior Budget Analyst § Terry Floyd, Director of Development Svcs § Chris Horgen, Public Information Officer § Paige Lessor, Executive Legal Assistant § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, § Vicki Pratt, § Carol Murray, Candidate for Mayor § ABSENT: § Brent Hillery § WFEDC Member 1. CALL TO ORDER Mr. Lane called the meeting to order at 2:31 p.m. He welcomed everyone and thanked the Mayor for joining the meeting. 2. CONSENT AGENDA a. Approval of Minutes (July 20, 2023) Mr. Lane stated that there were corrections to be made to the minutes and provided the correct amounts for funding in the FY2024 Budget that were noted and approved at the July 20th meeting. He read the correct amounts into the record again as follows: SMAC: $150,000 i.d.e.a.WF: $50,000 DWFD: $126,500 WF Chamber: $1,135,650 plus $72,000 for Sheppard AFB consultant fees Mr. Lane asked if there were any other comments or corrections needed. WFEDC MINUTES 08/17/2023 PAGE 1 OF 4 PAGE 1 of 4 AGENDA ITEM NO.6.d Hearing none, Mr. Leiker moved to approve the July 20th Minutes as amended. Seconded by Mr. Toogood,the motion carried 4-0. b. Financial Report Mr. Menzies provided a summary of the financial report, highlighting that while sales tax was slowing down, the City was still on track to have the highest revenue ever from sales tax. He mentioned that sales tax revenue was running about 1% above the same time last year. Mr. Lane inquired of Mr. Menzies about the City's current performance compared to other cities, such as Abilene and Tyler, and whether there were signs of a slowdown in revenue among most cities. Mr. Menzies confirmed that sales tax revenue across the state is slowing down. Mr. Menzies stated the Board has approximately$12.5 million in unencumbered funds for new projects in the current year. He further updated the Board about a $60,000 payment to Tryer for employee recruitment and retention that had been approved a couple of years ago. Ms. Cowling moved to approve and accept the financial report as presented. Seconded by Mr. Toogood, motion carried 4-0. 3. DISCUSSION AND POSSIBLE ACTION RELATED TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION'S FY 2024 PROPOSED BUDGET Mr. Menzies clarified that the Chamber's budget number pertained to the calendar year, incorporating a blend of the current year's contract for the last three months and the recently approved contract for the first nine months of the following year, along with an additional $72,000 for the base consultant. Mr. Menzies also mentioned that when reviewing the bottom line on page two of the budget, it might appear lower than the current year's, which was indeed the case. However, he explained that the budget was calculated as of October 1, 2023, and at that point, all known projects were encumbered despite no revenue having been received for the next year. He reminded everyone that is consistent with previous years and that, theoretically, if no new projects were taken on, the bottom line would stand at $16.5 million after adding the anticipated revenue of$6.2 million for the next year. Mr. Toogood asked about the assumption used for the revenue forecast for the upcoming year, to which Mr. Menzies replied that they had assumed a flat sales tax revenue for the next fiscal year. He added that this assumption was in line with the City's general fund forecast for sales tax. Mr. Menzies then highlighted that the only variable of note was interest income, which had seen significant increases in the current year but was expected to decrease due to anticipated Federal Reserve actions regarding interest rates. Mr. Toogood also inquired about the nature of the investments generating interest income. Ms. Williams explained that the interest was earned on pooled funds in short-term liquid investments, with a typical duration of 24 hours. Ms. Cowling commented that currently, those investments probably yielded the best return, around 5%. But everyone agreed those rates would move with the market. Mr. Lane asked if there were any further questions or comments about the budget. Hearing none, Ms. Cowling moved to approve the WFEDC's FY2024 Budget. Seconded by Mr. Leiker,the motion carried 4-0. WFEDC MINUTES 08/17/2023 PAGE 2 OF 4 PAGE 2 of 4 AGENDA ITEM NO.6.d 4. DISCUSSION AND POSSIBLE ACTION RELATED TO AUTHORIZING BOARD PRESIDENT TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH PANDA BIOTECH, LLC, REGARDING CONTRACT TERM DATE Mr. Kitchens began the discussion by addressing the proposed amendment to the contract with Panda Biotech. He outlined two key issues. Firstly, Panda Biotech's original agreement had anticipated hiring starting two years ago, but due to the impact of COVID-19 and other delays, they could not meet this timeline. Therefore, they requested to extend the agreement by three years while maintaining the same terms. The construction is progressing well, with cranes installing trusses and equipment being rapidly installed, including electrical and ventilation systems. There is some variation in the expected completion date, with one source mentioning October 1st and another suggesting November 15t. An open house showcasing the production lines is planned for the near future. Mr. Kitchens stated that the company has hired eight full-time employees who are actively working on building and developing the systems as planned. They are making progress in line with their previous commitments. However, they've encountered unexpected costs related to improving the rail line, initially estimated at $150,000 but now projected to cost around $500,000. The company has requested a pricing adjustment for this, and discussions are ongoing regarding a potential shared cost increase.Additionally,there have been interpretation issues with their four agreements, including the original agreement and two subsequent follow-on agreements. To ensure clarity on the terms and agreements, the Chamber has engaged an economic development incentive specialist, who is also a lawyer based in Austin. This specialist is working on summarizing all the terms into a concise document, although it may not be just one page due to its complexity. The goal is to have a clear and accurate document in about a week. It is recommended that if the Board is interested in changing the terms, especially regarding job hiring, a special meeting could be arranged to approve the contract. The company is eager to move quickly, given its ongoing hiring efforts. Also, the Chamber has asked that the company's representatives be present at the city council meeting when discussing any changes to the agreement. Mr. Lane asked for clarification as to whether the contract terms would be renegotiated at this time. Mr. Kitchens explained that they intend to renegotiate but need feedback before finalizing a document for approval. The idea is to take it in two steps: first, authorize extending the contract's end date by three years, and then repackage and clarify the agreements in a new document. Mr. Kitchens additionally confirmed that they will come back with one comprehensive new agreement addressing various issues, including the railroad matter and payment schedules on the loan. Mr. Kitchens then reiterated the need for the company's management from the company to address the City Council and provide updates on their facility. Mr. Kitchens confirmed with Ms. Cowling that the Chamber is not asking for any formal action at this time, only guidance and direction from the Board on the new document and the rail issue. Mr. Hegglund confirmed the process, indicating that the Board could discuss it in the executive session and provide guidance on extending the contract and addressing the rail cost increase. A new agreement would be drafted, encompassing all the terms and any changes, which would be presented to the Board for approval at a later date. Mr. Lane inquired about whether the new document would be an addendum, amendment, or a new agreement. Mr. Kitchens clarified that it would be a restatement of the terms, providing clarity and a point of understanding for both parties moving forward. Ms. Cowling sought clarification on whether the new document would supersede the existing ones. Mr. Kitchens explained that it wouldn't invalidate the existing agreements but would WFEDC MINUTES 08/17/2023 PAGE 3 OF 4 PAGE 3 of 4 AGENDA ITEM NO.6.d serve as a point of agreement on current terms. No further questions were asked or comments made. 5. EXECUTIVE SESSION Mr. Lane adjourned the meeting into executive session at 2:51 p.m. pursuant to Texas Government Code §§§ 551.087, 551.071, and 551.074. He announced the meeting back into regular session at 3:42 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. 6. ADJOURNED. Mr. Lane asked for any questions or comments from the public. Being none, he adjourned the meeting at 3:43 p.m. Leo Lane, President WFEDC MINUTES 08/17/2023 PAGE 4 OF 4 PAGE 4 of 4 AGENDA ITEM NO.6.d MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION. OCTOBER 19, 2023 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Brent Hillery § Darron Leiker § Stephen Santellana, Mayor § Mayor& Councilors Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Stephen Calvert, Senior Budget Analyst § Chris Horgen, Public Information Officer § Paige Lessor, Executive Legal Assistant § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, Partner § ABSENT: § Phyllis Cowling, Secretary-Treasurer § WFEDC Member 1. CALL TO ORDER Mr. Lane called the meeting to order at 2:40 p.m. He welcomed everyone, including the mayor, city council members, and guests. 2. CONSENT AGENDA a. Approval of Minutes (October 19, 2023) Mr. Toogood moved to approve the Minutes as presented. Seconded by Mr. Hillem the motion carried 4-0. b. Financial Report Mr. Paul Menzies provided a financial update to the Board explaining that the expenditure side of the budget is in the new year, but the revenue side is still in the previous year. He stated the November sales tax payment would be paid in the next couple of weeks and would reflect September's sales, which will close out the fiscal year. Mr. Menzies highlighted the stability in sales tax and emphasized the positive impact of interest earnings. Additionally, Mr. Menzies estimated approximately$11 million in unencumbered funds for new projects. Mr. Leiker moved to approve the financial report as presented. Seconded by Mr. Hiller, the motion carried 4-0. WFEDC MINUTES 10/19/2023 PAGE 1 OF 4 PAGE 1 of 13 AGENDA ITEM NO.6.e 3. PRESENTATION, DISCUSSION, AND POSSIBLE ACTION RELATED TO THE CORPORATION'S ADOPTION OF A FUND BALANCE RESERVE POLICY. STEPHEN CALVERT, CITY OF WICHITA FALLS Stephen Calvert, the Senior Budget Analyst for the City, presented a draft fund balance policy to the Board. This policy is part of a series of recommendations made in June to establish best practices and guidelines for sound financial management, particularly in the context of economic development. The three key recommendations include establishing the fund balance policy (the focus of the current presentation), developing policies and procedures, and creating summary reporting in collaboration with the chamber. Mr. Calvert explained the key terms in the fund balance policy. He emphasized the importance of understanding the net position, which involves assessing assets minus liabilities, and then delving into various layers to identify reserves for economic distress. The fund balance includes non-spendable funds (assets that cannot be used for obligations), restricted funds(allocated for specific purposes), committed fund balances(reserved through formal agreements), and assigned fund balances (less formal allocations). The central focus of the policy is on the unrestricted fund balance, which is the amount available for spending after subtracting the aforementioned categories. The recommended target for this unrestricted fund balance is set at 25% of annual revenue, equivalent to about three months' worth of revenue. This reserve is intended to provide a financial buffer in times of economic disruption. Mr. Calvert suggested using annual revenue as the baseline measure for the 25%target, considering it a steady source compared to annual expenses. The policy proposes that corrective steps should be taken over several years if the balance falls below the target. To support his recommendations, Mr. Calvert presented a historical analysis of the past five years, demonstrating a consistent maintenance of healthy balances even without the policy in place. He clarified that the policy aims to guide future boards rather than address current financial concerns. Mr. Calvert also highlighted the need for regular updates on agreements that may impact the fund balance, ensuring a comprehensive understanding of the city's financial position. Mr. Calvert recommended adopting the drafted fund balance policy and invited discussion and questions from the board. Mr. Lane inquired about the flexibility of the proposed fund balance policy in the context of a significant one-time project that requires spending all available funds and possibly borrowing more. Mr. Calvert explained that the policy would help set limits, ensuring adequate reserves are maintained. Borrowed funds would be considered part of the net position but outside the guidelines, if they exceed the recommended reserve of 25% of annual revenue. Mr. Leiker and Mr. Lane discussed the potential impact on bond ratings and how adhering to the policy could secure better rates, resulting in lower interest payments. Mr. Menzies mentioned the option for the board to adopt the policy immediately or take more time for review and discussion. Mr. Hegglund clarified that discussions on the policy would need to occur in open sessions, not in executive sessions. Mr. Toogood raised concerns about the policy potentially restricting actions if the fund balance drops below the recommended threshold. Stephen Calvert clarified that the policy allows a 24-month period to move toward rebuilding the reserve. Mr. Leiker expressed support for the policy, emphasizing its role in demonstrating good stewardship to bond agencies. Mr. Toogood questioned whether the policy required approval from WFEDC MINUTES 10/19/2023 PAGE 2 OF 4 PAGE 2 of 13 AGENDA ITEM NO.6.e the city council, and Mr. Hegglund confirmed that it only needed approval from the board. Mr. Lane expressed concerns about the organization being too conservative in pursuing job opportunities. He suggested that acquiring bonds could be a relief valve for such situations. Mr. Toogood made a motion to adopt the Fund Balance Reserve Policy. Seconded by Mr. Leiker,the motion carried 4-0. 4. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED INCENTIVE PACKAGE FOR MAGIC AIRE Mr. Lane introduced the agenda item. Ms. Williams provided background information, reminding the Board that she sought advice on supporting Magic Aire with a parking lot expansion and repaving in a previous meeting. An agreement has been reached with Magic Aire, where they request$75,000 to assist in covering the project costs. In return, Magic Aire commits to retaining their current workforce of 138 employees and hiring one new full-time position by May 1, 2024. During their peak season, they typically employ about 150 to 160 individuals. Mr. Lane inquired about Magic Air's current employment, and Ms. Williams confirmed it to be 138, with the potential to increase during the summer months. Ms. Williams explained that the parking lot project itself is a little over$200,000, and Magic Air has already invested over $560,000 in building improvements. Mr. Lane sought clarification on whether the $560,000 includes the $200,000 for the parking lot, and Ms. Williams confirmed that it is an inclusive amount. Mr. Lane opened the floor for questions, and Mr. Toogood noted a potential typo in the agreement letter, suggesting that "by May 1, 2024," might be the intended date. Mr. Kitchens acknowledged the correction, thanking Mr. Toogood for catching the error. 5. DISCUSSION AND POSSIBLE ACTION TO AMEND THE PANDA BIOTECH PERFORMANCE AGREEMENT Mr. Lane introduced the agenda item. Mr. Kitchens took the lead in providing an update on Panda Biotech's progress. He mentioned that Panda Biotech is moving forward aggressively, with raw materials being delivered to the building and equipment installation underway. The company is expected to start running the production line soon. Mr. Kitchens highlighted some challenges, including a windstorm that caused damage to materials and slowed down the building expansion for pelletizing powdered products. Despite these challenges, Panda Biotech is on track to repay its million-dollar loan by December. However, due to the extended timeline, the employment agreement has expired, necessitating a restatement. Several changes are proposed in the agreement, including a restatement of past agreements, clarification of terms, an update on loan repayment, and an extension of the hiring agreement for an additional year. The rail spur upgrade cost was initially estimated at$150,000, but the actual estimate is $500,000 due to inflationary pricing. it was recommended that the difference be split, and after negotiations, Panda Biotech agreed to $350,000. Mr. Hegglund sought clarification on the total agreement amount, considering the rail spur cost. Mr. Kitchens confirmed that the total liability to the board would increase by $200,000 due to the increased rail spur cost. Mr. Lane pointed out a spelling error in the document, suggesting that "borrower" should replace the misspelled word in 2.4.2. Mr. Toogood sought clarification on the million-dollar loan, confirming that it is a separate issue being repaid with interest. Mr. Lane provided a concise overview of the financial structure, highlighting the million- WFEDC MINUTES 10/19/2023 PAGE 3 OF 4 PAGE 3 of 13 AGENDA ITEM NO.6.e dollar loan as separate and the cash-for-jobs component, explaining that the new agreement would extend the original three-year hiring agreement. Mr. Toogood sought confirmation that the amendment extends the agreement, and Mr. Kitchens clarified that it extends it from two to three years. The Board discussed the proposed changes and indicated they would further discuss specific items in the executive session. 6. EXECUTIVE SESSION Mr. Lane adjourned the meeting into executive session at 3:06 p.m. pursuant to Texas Government Code §§§ 551.087, 551.071, and 551.074. He announced the meeting back into regular session at 3:25 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. 7. MOTIONS MAGIC AIRE INCENTIVE PACKAGE Mr. Leiker made a motion to approve an incentive package for Magic Aire's parking lot infrastructure project in the form of a $75,000 forgivable loan with the cash up front for one year with no interest contingent upon the Company retaining 138 full-time employees and adding one more full-time employee within six months of the agreement.With no discussion or questions from the public and a second by Mr.Toogood,the motion carried 4-0. PANDA BIOTECH RESTATED PERFORMANCE AGREEMENT Mr. Toogood motioned to approve the Restated Performance Agreement as submitted in the board packet available to the public with noted minor spelling corrections in paragraph 2.4.2. With no discussion or questions from the public and a second from Mr. Leiker,the motion carried 4-0. See the attached draft of the Restated Performance Agreement between WFEDC and Panda Biotech. 8. ADJOURNED. Mr. Lane asked for any questions or comments from the public. Being none, he adjourned the meeting at 3:29 p.m. Leo Lane, President WFEDC MINUTES 10/19/2023 PAGE 4 OF 4 PAGE 4 of 13 AGENDA ITEM NO.6.e ATTACHMENT TO WFEDC MINUTES MEETING DATE 10/19/2023, Restated Performance Agreement between the Wichita Falls Economic Development Corp. and Panda Biotech, LLC for Incentives to Create Primary Jobs at 8600 Central Freeway North in Wichita Falls, Texas This Restated Performance Agreement ("Restated Agreement") is made and entered into as of this day of September 2023 ("Effective Date"), by and between Panda Biotech, LLC, a Delaware limited liability company ("Borrower" or "Company") and Wichita Falls Economic Development Corporation, a Texas development corporation ("Lender"). Recitals A. Lender has loaned to Borrower, and Borrow- borrowed from Lender, the amount of $1,000,000.00 ("Loan") in accordanc- it' terms of a certain Performance Agreement between the Wichita Falls Eco _ c Deve • .nt Corporation and Panda Biotech, LLC for Incentives to Create Primar •s at 8600 C ,1 Freeway North in Wichita County, Texas dated February 12,2021 -'form-nee B. The Loan is evidenced, in parr;, by n Purchase Money Promissory Note, dated Februal y 12,2021, executed b Borrower . •ayahle to the order of the original Lender in the original principal amount • ' 1000.01 . .te"). C. The Loan is secured by a cc • P ey Security Agreement("Security Agreement") dated February 1 1, gra .ender a first lien purchase money security interest in specified items of - • descr • therein. D. The origi attic • ' Note was August 6, 2021. On May 2nd, 2022, Borrower and Lens• ed in . Extension Agreement ("First Agreement"), which, among of .s, •ded the maturity date to the earlier or (a) September 1, 2022; or (b) s o g :orrower's receipt of project financing further defined below. E. tive Aup rt 19, 2022, Borrower and Lender entered into the First Amendment to E' io lreement which, among other things, extended the maturity date to the earlier o, mber 1, 2022 or 7 days following Borrower's receipt of proceeds from the project financi •. F. On December 15, 2022, Borrower and Lender executed a Second Extension Agreement which, among other items, set a balance for the loan and a payment schedule and established the Revised Maturity Date of the earlier of(a) December 15, 2023 or(b) seven (7) days following the Borrower's receipt of the proceeds from the Project Financing. G. Borrower has made eighty (8) payments of$50,000.00 each and five(5) payments of$70,000 each totaling$750,000. H. The Borrower and Lender agree that, as of September 1, 2023, the total unpaid Restated Performance Agreement Panda Biotech Page ! of 9 PAGE 5of13 AGENDA ITEM NO.6.e balance of the debt owing by Borrower to Lender under the Note is as follows: Principal balance: $250,000.00 Accrued interest: $59,623.47 Total $309,623.47 I. Borrower and Lender desire to clarify the relationship between the parties and establish the terms for moving forward. Subject to the approval of the City of Wichita Falls City Council and the execution of this Restated Agreement to memorialize and obligate funds provided he nder in the form to be provided by the Lender, the parties agree as follows: 1. Definitions. As used in this Restated Agreement, the fi t s have the following meanings: "New Position" means a permanent, full-ti ompa y. benefit- ible employee working at least 37.5 hours per week at the F wh eives full-time wages paid by Company for a period of at least 6 months at ty. References to "Company" herein shall also include affiliates of Company. a New Position, an employee must represent an increase in the total anent lev employment at the Facility. Positions shall not be considered New 1 • the placed occupants of New Positions or full-time positions from an :Hie' ••n in the number of full-time employees in Wichita County. ► - "ositio st be "rimary Jobs. Additionally, New Positions will only be consi. Posit s to the extent their additions increase the total employment level omp• at th• .cility at the time of the initiation of this agreement. "Payroll St: • " m-. i) a written statement setting forth the monthly, quarterly and annual (as a. • ro he Facility and the amount of wages paid to each full- time employ- the Facili d ch other documentation as reasonably deteml ined to be necessary he WFED verify the number of New Positions created and continuing financial condi •f the C pany. Such other documentation that Company may be required to provide e IC shall include compiled income and expense statements for each quarter, balanc . effective at the end of each quarter, and income statements, state unemployment to submissions, and federal unemployment tax submissions. The aforementioned documents may be redacted, modified, or summarized by Company as reasonably necessary to protect the privacy of individuals and prevent the disclosure of the Company's confidential and/or proprietary information. "Primary Job" means a primary job as defined in Texas Local Gov't Code 501 .002. 2. Incentives: 2.1. Loan— WFEDC',. Total Maximum Obligation: 'N110001000 Restated Pe formance Agreente,7r 13, a Page 2 of 9 PAGE 6 of 13 AGENDA ITEM NO.6.e 2.1.1. Lender previously loaned Borrower. As of the date of this Restated Agreement, Borrow has made payments and owes principal and interest in the amounts on recital G. above and in the Repayment Schedule attached hereto as Exhibit A. 2.1.2. Monthly Payments. As further consideration for this Agreement and the extension of maturity of the Loan, and as a condition to Lender's agreement herein, Borrower Agrees to pay Lender eight monthly payments of$70.000.00 each on or before the 15th clay of each calendar month (a "Monthly Payment"), commencing on September 15, 2023, and continuing through November 15, 2023, with a final payment of $103,080.45 due on December 15, 2023. The Monthly Payments will be applied by Lender in the folio g manner: (a)first,to fees and expenses reimbursable to Lender under the ter . the Note and Security Agreement;(b)then, to accrued, unpaid interest on N• and (c) then, to reduction of principal balance of Note. 2.2 ('ash fur.ioh - WFEDC's Total Maxi Obli i ation: •0 000 Total Maxim urn Obli ation a on Li 'a off: S2 350 0 lir2.2.1 Payment for New Positions I, o Company first entering into a Payment in Lieu of Taxes agreement with the -.f Wichita Falls. 2.2.2 Subject to the WFE, ,i axi Obligation, the WFEDC will pay Company $7,000 for each New •siti• - by Company at Facility. New Positions eligible to re . cash . . .s pa en1 must be in existence for a minimum of six mont .ayme ill be rendered. 2.2.3 Ea` 4 b • mu be filled by one or more employees continuously during , .-• .. _ ich funds are requested. 2 en ill only be available for New Positions who are initially emplo by Comp. =t th ility prior to August 6,2026. These f s received pursuant to this Section may be used for any business purpose i - Faci ' in Wichita County, Texas. Payments will be made after a presentation . any has been made to the WFEDC evidencing the New Positions have been in plat or at least 6 months. Applications for payment may only be made once every 3 months following start-up. The WFEDC intends to only pay for each New Position one time. In no event will a position be reimbursable if it merely replaced a position that was earlier eliminated unless it represents a net increase in New Positions. Payment obligations will be subject to the obligation of Company to provide Payroll Statements to the WFEDC as reasonably required by the WFEDC. 2.2.6 The Cash for Jobs incentive available pursuant to this Restated Agreement may not exceed the amount of the WFEDC's Total Maximum Obligation stated above. Restated Performance Agreement Panda Biotech Page 3 of 9 PAGE 7of13 AGENDA ITEM NO.6.e 2.2.7 Should Company repay to the WFEDC the entire loan amount as set forth in 2.1 of this Agreement on or before January 15, 2024,and subject to the Total Maximum Obligation upon Loan Payoff, the WFEDC will increase the amount paid to Company for each New Position employed by Company to $47,000 per New Position. 2.3 Relocation Costs: WFEDC's Total Maximum Obligation: $3003000: Employee Relocation Assistance: Panda Biotech will be eligible for an employee relocation incentive if the Company recruits employees from outside of Wichita County. The Company will receive this incentive if employee(s) relocate to Wichita County and remains a resident for a minimum of six(6) months. The i A -ntive will be paid to the Company after the sixth consecutive month of employs ; and upon reasonable acceptable documentation of employment and resident he relocation incentive will be calculated in the following formula: Base Salary Range enth t ,ii.muu IIow ihle $3 I,200-$50,000 $4,0 $50,001-$75,000 $6,000 $75,001+ $8,000 2.4 Rail Spurs: WFEDC's .J 'ximu 1 lip iin:S350.000 2.4.1 Subject to the WFEDC's t* • •bligation, the WFEDC will reimburse Company up • i,000 ual expenses Company paid for rail spur improvements to the s• iocat- on Facility. Such amounts shall be paid upon request after • gidinge ,enceo •enditure. 2.4.2 Borrow will _ . i exec• n easement to allow WFEDC access to the rail spur. • em- , ill be provided prior to Lender providing any funds not already • o ; f• - rail spur improvements. General Co ' ns: 1. Ma .an Operations. The WFEDC intends for any incentives to be used to ensure that • -ny continues to operate in Wichita Falls. In addition to other repayment provisions -rein, if Company ceases operations in Wichita Falls prior to 12 months from the Effective Date of this Restated Agreement, Company shall, within 60 days, repay the WFEDC the full amount of the applicable incentive paid by the WFEDC to Company. 2. Use of Proceeds. Company agrees to use all of the funds received from WFEDC pursuant to this Agreement for (or as reimbursement for) the "costs" (as that term is defined in Tex. Loc. Gov 't Code Ann. § 501.I 52, as of the date of this Restated Agreement)of this project related to the creation or retention of primary jobs as provided by Tex. Loc. Gov't Code Ann. § 501.10 I. Restated Pe,formance Agreement-Panda Biotech Page 4 of 9 PAGE 8 of 13 AGENDA ITEM NO.6.e 3. Compliance with Tex. Gov't Code § 2264.001. In accordance with Tex. Gov't Code §§ 2264.001 through 2264.101, Company does not and will not knowingly employ an undocumented worker during the term of this Restated Agreement in violation of Texas or federal law. If, during the term of this Restated Agreement, Company or a branch, division, or department of Company is convicted of a violation under 8 U.S.C. Section 1324a(t), Company shall repay the entire amount of the public subsidy with the addition of interest at the rate of 5% simple annual interest as required by Tex. Gov't Code § 2264.053, not later than the 120th day after the date the WFEDC notifies the Company of the violation. 4. Compliance with Tex. Gov't Code §§ 501.156 rough 501.158. The parties agree this Agreement complies with Tex. Loc. Gov't •e §§ 501.156 through 501.158, by: (1) being intended to benefit the WFEDC, (2) •ing that default on this Agreement is enforceable as provided by Tex. Loc. G. a• 501.157, in addition to retaining other enforcement remedies provided b exas la , • (3) providing a schedule as stated in this Restated Agreement for ional jobs an. •ital investment as consideration for direct incentives provi erein d providi _ for repayment obligations. 5. No Waiver. No delay or . 1 ission by DC in exercising any right that may accrue to it pursuant to this Restat- • _ •.ent wi rate as a waiver of any other WFEDC right that may accrue pursuant eto. 6. Disputes. In t, *t of a .ute, (1) neither party will be entitled to attorney's fees incurred . .aid i he en. ement of any provision of this Restated Agreement, regardless :ny pro ton aut 'zing attorney's fees in Texas Local Gov't Code § 271 .I 53(a)(3)o .er - ..) sole venue for any action based on this Agreement or pro '•e an , thereto shall be in WichitaCounty,Texas. 7. e .e the guarantor of Company's success and shall not be liable fog ° failure tc ovide incentives not specifically set forth in this Restated Agreement. A • .resentat' by WFEDC, the City, or the Wichita Falls Chamber of Commerce and I rerning the availability of incentives hereunder are subject to the approval of the ing bodies entrusted by law to issue said incentives. Company certifies the truth of the epresentations by its representatives to the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry. Company agrees to release the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry from any and all claims, suits, and actions for damages, costs, and expenses to persons or property (collectively "Claims") that may arise out of, or be occasioned by or from any act, error or omission of the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry in the execution or performance of this contract. The aforementioned release does not encompass Claims attributable to the negligence or willful misconduct of the WFEDC, the City, and/or the Wichita Falls Chamber of Commerce and Industry. 8. Term.The Term ofthis Restated Agreement shall be from its execution until the later Restated Performance Agreement Panda Biotech Page 5 of 9 PAGE 9of13 AGENDA ITEM NO.6.e of: a. February 6, 2027, or b. August 6,2026, if Company does not hire any employees that would trigger the Cash for Jobs under 2.2 of this Restated Agreement. 9. Default. During the Term of this Restated Agreement, Company shall promptly notify WFEDC if Company learns of the occurrence of: (i) any event which constitutes an Event of Default; or (ii) any legal,judicial or regulatory proceedings affecting Company and/or the Facility in which the amount involved is in ex of$50,000 and is not covered by insurance. 10. Indemnity. Company shall indemnify, s d harmless WFEDC and the City of Wichita Falls and their respectiv officers, tors, employees, representatives and agents (collectively, the "lnde, ied Parties") and against: (i) any and all claims, demands, actions, or cause action at are ass d against any Indemnified Party by any person or entity if th. .m, • .nd, action or cause of action directly or indirectly relates to a claim, demand, a• . cause of action attributable to the acts or omissions of Company, any • I iliate of C. z ny or any officer,employee or partner of Company; (ii) any and all c - 'sands, : s or causes of action that are asserted against any Indemnified Party . 1111 •, action or cause of action directly or indirectly relates to funds rec. • . • :ny pursuant to this agreement, Company's use of the proc fund eived pursuant to this agreement or the relationship of Company F. put-, t to this agreement; and (iii) any and all liabilities, losses,costs • pense• cludin_ orneys' fees and disbursements) that any Indemnified Party suffe inc f any of the foregoing; provided,however, that Company shall have igation pursuant to this provision to any Indemnified Party with res. o • foregoing arising out of the negligence or willful misconduct • ch Ind- le, . To the extent necessary to provide the Indemnified Parties fu otection in cord. ce with the terms of this Section, the indemnity provisions s- . h herein s I survive the termination of this Agreement. 11. Even ault. Each of the following events shall be considered an Event of Default of thi estated Agreement: a. The failure of Company to pay any payment due to the WFEDC pursuant to this agreement when due and the continuation of such failure for a period of 30 days after written notice thereof from WFEDC; or b. If any representation or warranty by Company set forth herein or in any certificate, report, request or other document furnished pursuant hereto is incorrect in any material respect as of the date when made or deemed made; or Resealed Performance Agreement-Panda Biotech Page 6 of 9 PAGE 10 of 13 AGENDA ITEM NO.6.e c. The failure of Company in its due observance and performance of any of the covenants or agreements set forth in this Restated Agreement or any of documents associated with this agreement and the continuation of such failure for a period of 30 days after written notice thereof from WFEDC; or d. If any involuntary case or other proceeding shall be commenced against Company that seeks liquidation, reorganization or other relief pursuant to any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver. liquidator, custodian or other similar official of it or them or any substan ' portion of its or their property, and if such involuntary case or othj roceeding shall remain undismissed or unstayed for a period of 30 - or if an order for relief against Company shall be entered in a uc under the Federal Bankruptcy Code; or e. If Company shall commence olunta case or er proceeding seeking liquidation, reorganiz or relief under any bankruptcy, insolvency or other similar law n ereafter in effect or seeking the appointment of a trust- receiver, • ator, custodian or other similar official or shall conse - such • or to the appointment of or taking possession by a sue `.l i an involuntary case or other proceeding commenced :i t, • 'Company shall make a general assignment bene creditors or shall fail generally or shall admit in ing inabili to pay its debts as they become due; or f. if Comp sh• -. AI days to pay bond or otherwise discharge an 'udgm- order for the payment of money to the city of Wichita - County in excess of $50,000 that is not otherwise being sa -d i ordance with its terms and is not stayed on appeal or otherwise g appropriately contested in good faith; or g. ere I be a dissolution of Company or a cessation of business o+ at the Facility; or h. I f the Company is determined by WFEDC to be continually or repeatedly violating a City ordinance or state law or regulation related to the operation of the Facility. 12. Remedies. Following the occurrence of any Event of Default described above during the Term of this Restated Agreement, the obligations of WFEDC to the Company shall terminate and the entire amount of the funds provided by WFEDC to the Company within one year prior to the default shall become immediately due and payable to the WFEDC if Company fails to cure the Event of Default within thirty (30) days of receipt of written Notice of Default (the "Notice Period"). Following the occurrence of Restated Performance Agreement Panda I3iotech Page 7 of 9 PAGE 11 of 13 AGENDA ITEM NO.6.e any other Event of Default specified in this section, WFEDC may by written notice to Company and if Company fails to cure the Event of Default within thirty (30) days of receipt of written Notice of Default: (i) declare the entire amount of any obligation to the WFEDC then outstanding, together with interest ( if any) then accrued thereon, to be immediately due and payable to the WFEDC, and/or (ii) terminate all obligations of WFEDC to the Company unless and until WFEDC shall reinstate the same in writing; and/or(iii) reduce any claim to judgment; and/or (iv) without notice of default or demand pursue and enforce any of WFEDC's rights and remedies pursuant to this Agreement or any document ancillary to it. 13. Further approvals required. Any representations WFEDC. the City of Wichita Falls or the Wichita Falls Chamber of Comme and Industry (or any representatives of any of the foregoing) concerning the avai of incentives hereunder are subject to the approval of the governing bodies entrust la issue said incentives 14. This Restated Agreement and sai chments, if may only be amended, supplemented, modified, or cancele a dul xecuted w .tten instrument agreed to by both parties. 15. Company's maximum a_ - - liabili er this Restated Agreement to WFEDC, the City of Wichita Falls, the s Ch• r of Commerce and Industry, any third party, and/or any Indemnified • • ection 10 shall not exceed the amount of funds provided to C. •ny pur • i this "estated Agreement. 16. Severabili. ny pr. .ion of Restated Agreement that is illegal, invalid or unenforceable shall be i tive - . nonappealable order,judgment,or decree of a court of competent juris, the ex - if such illegality, invalidity or unenforceability, and this Restates • s en •l1 be construed and enforced as if such illegal or invalid provisions ha. .•en • ,ine► ein. 17. Partnersh Agency or Third-Party Beneficiaries Intended. Nothing in this Restated A_ ent wi • construed as creating any form of partnership or joint venture relationship betwe. I e ' es, nor shall either Party be authorized to act as an agent for the other Party. Nothing . Restated Agreement shall be construed to confer any right,privilege, or benefit on, or to otherwise create any vested right or third-party beneficiary relationship with any person or entity not a Party to the Restated Agreement, except as may be provided by the indemnity and related provisions in Section 10. 18. Entire Agreement. This Restated Agreement, executed of even date herewith, including Exhibit A, and any other documents referred to herein or therein which form a part hereof or thereof,contain all agreements between the Parties hereto. The captions used herein are for convenience only and shall not be used to construe this Restated Agreement. Restated Performance Agreement -Panda Biotech Page 8 of 9 PAGE 12 of 13 AGENDA ITEM NO.6.e Wichita Falls Economic Development Corporation David Toogood,Vice President Panda Biotech, LLC Robert W. Carter, Chairman (<41.°1(11114411 4(ZI" ? Restated Performance Agreement—Panda Biotech Page 9 of 9 PAGE 13 of 13 AGENDA ITEM NO.6.e MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION NOVEMBER 16, 2023 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Brent Hillery § Darron Leiker § Bobby Whiteley, Mayor Pro Tern § Mayor& Councilors Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Terry Floyd, Dir. of Development Services § Stephen Calvert, Senior Budget Analyst § Chris Horgen, Public Information Officer § Paige Lessor, Executive Legal Assistant § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, Partner § Vicki Pratt, Partner § Patrick FitzGibbon § Senderoo, LLC Damon Gier § Westlake Daron Fredrickson, Consultant § Lynn Walker, Writer § Times Record News ABSENT: § Phyllis Cowling, Secretary-Treasurer § WFEDC Member 1. CALL TO ORDER Mr. Lane called the meeting to order at 2:30 p.m. He welcomed everyone, including the mayor, city council members, and guests. 2. CONSENT AGENDA a. Approval of Minutes (October 19, 2023) Mr. Toogood moved to approve the Minutes as presented. Seconded by Mr. Hiller, the motion carried 4-0. b. Financial Report Mr. Paul Menzies presented the financial report, highlighting a trend of negative returns WFEDC MINUTES 11/16/2023 PAGE 1 OF 4 PAGE 1 of 4 AGENDA ITEM NO.6.f for the past five months. He mentioned the fiscal year finishing even with slight gains compared to the budget. Interest earnings were emphasized, compensating for sales tax stagnation. Mr. Menzies stated that the Board had approximately $11.5 million of unencumbered funds, including recent project approvals for Magic Air and Panda Biotech. Additionally, Mr. Menzies confirmed a recent payment received from Panda Biotech. He stated the Company has a balance of approximately $100,000. Mr. Lane opened the floor for questions, and no concerns were raised. No action was taken. 3. DISCUSSION AND POSSIBLE ACTION RELATED TO THE APPOINTMENT OF OFFICERS. All officers stated they would continue to serve in their current role. Mr. Leiker made a motion to reappoint the current officers. Seconded by Mr. Hillery, the motion carried 4-0. 4. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED INCENTIVE PACKAGE FOR SENDEROO, LLC Ms. Vicki Pratt introduced the project by Senderoo, LLC. Mr. Lane interjected, explaining that there is a proposal from James Lane Air Conditioning in which he is not actively involved. He further explained that if this item is discussed in executive session, he would leave the room. Mr. Hegglund confirmed that there was no legal conflict, but because of the appearance, it is reasonable for him to recuse himself and not participate during the vote. He further confirmed that Mr. Lane could sit as president and run the meeting during the presentation. Ms. Pratt introduced Mr. Patrick FitzGibbon, a representative of the company. Ms. Pratt explained that Senderoo is a new company in Texas, subsequently new to Wichita Falls. The company comes to Wichita Falls from the West Coast. The principals have started companies in other states and have chosen Wichita Falls to operate a warehouse distribution center. The company supplies products to H-E-B, Rite Aid, specialty boutiques, and pharmacies. The warehouse, located at 4385 Seymour Highway, is within city limits, a crucial factor given the need for climate-controlled storage. The products are susceptible to extreme temperatures, and finding suitable warehouse space with HVAC systems is challenging in Wichita Falls. The company, led by Kelly Campbell, currently has Patrick, her husband, representing them. They have secured a building but must install a heating and air conditioning system to maintain product quality. Ms. Pratt presented the proposal of a forgivable to support the installation of an HVAC system. The company received some quotes on this installation, and the quote from James Lane was the most favorable. The cost for purchase and installation is $55,000, with the building owner covering 25%, leaving the company with $41,250 in expenses. A forgivable loan of up to half the cost, or$20,625, is recommended to support the company. The project is expected to create five jobs, with plans to hire one before the year-end and the remaining four in 2024. The company is eager to proceed and aims to move quickly. Mr. Kitchens commented that this building has been considered for several projects, and the HVAC issue has always been the reason the building has never been filled. He explained that clearing this hurdle would be a great success. 5. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED INCENTIVE PACKAGE FOR WESTLAKE. Ms. Pratt introduced Westlake's expansion project, outlining the investment, job creation, WFEDC MINUTES 11/16/2023 PAGE 2 OF 4 PAGE 2 of 4 AGENDA ITEM NO.6.f and economic impact. She explained that the company wants to build a state-of-the-art facility and was considering an Arizona site as well, but Wichita Falls has won this project. The proposed new investment of $134,117,039.00 involves expanding the Company's current Wichita Falls facility by over 220,000 square feet. They're going to install machinery and equipment that is valued at over$65 million. The company plans to create 50 new full-time positions, supplementing the existing 69 full-time employees. The projected average wage for each position is $68,000, accompanied by a comprehensive benefits package valued at an additional $30,000. This average wage is 38% higher than the prevailing average annual wage in Wichita County. Ms. Pratt detailed the proposed incentive package recommended by The Chamber. The incentive package includes funds of up to $1,175,000, including a $750,000 three-year forgivable loan, $50,000 permitting fee reimbursement, and a cash-for-jobs incentive of$7,500 per job. She explained that the economic impact analysis showed a net benefit of over $10 million and 80.7 jobs. Mr. Hegglund explained that the Company has negotiated with Wichita County, and the County has agreed to enter into a tax abatement agreement with the Company. The County will need the City to create a reinvestment zone. He explained the timeline for creating the zone and stated it could be done relatively quickly. Ms. Pratt introduced Westlake's representative, Damon Gier, and the company's consultant, Daron Frederickson, and stated that the company is looking to break ground no later than April 1, 2024. 6. EXECUTIVE SESSION Mr. Lane adjourned the meeting into executive session at 2:45 p.m. pursuant to Texas Government Code § 551.087. He announced the meeting back into regular session at 3:09 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. 7. MOTIONS SENDEROO, LLC INCENTIVE PACKAGE Mr. Leiker made a motion to approve an incentive package to include a forgivable loan to Senderoo,LLC,in the amount of up to $20,625, valued at$4,125 per full-time job for the purpose of installing an HVAC system in the warehouse located at 4385 Seymour Highway, Wichita Falls, TX,to include the following benchmarks to be met: 1. The building owner must invest at least 25% towards the cost and installation, with evidence needed. 2. Senderoo, LLC will sign a personal guarantee for fund repayment if the business closes before the lease ends. 3. Senderoo, LLC must create five full-time jobs by year-end 2024. 4. Senderoo, LLC purchases and installs an appropriately sized HVAC and shows receipts for the same. With no public discussion, Mr. Lane abstaining from the vote, and a second by Mr. Toogood,the motion carried 3-0. WESTLAKE INCENTIVE PACKAGE Mr. Toogood motioned to approve an incentive package to include a forgivable loan in the WFEDC MINUTES 11/16/2023 PAGE 3 OF 4 PAGE 3 of 4 AGENDA ITEM NO.6.f amount of up to 1750,000, a cash-for-jobs incentive of up to 1375,000, or 17,500 per full-time position hired, and a $50,000 reimbursement for permit fees paid to the City in support of the 220,000 square-foot expansion of their existing Wichita Falls facility, to include further the following benchmarks met: 1. Year One Draw Request Benchmark (12 months after permits are issuedi: The Company provides evidence of construction of the manufacturing structure. 2. Year Two Draw Reguest Benchmark (12 months after the first draw): The Company provides evidence of the purchase and installation of all production equipment and begins building the remaining proposed structures necessary to support production.. 3. Year Three Draw Request Benchmark (12 months after the second drawl: The Company provides evidence of full production underway and at least 50 new hires. Note: The company intends to hire 28 in year one, 13 in year two, and 9 in year three. With no discussion or questions from the public and a second from Mr. Hillery, the motion carried 4-0. 8. ADJOURNED. Mr. Lane asked for any questions or comments from the public. Being none, he adjourned the meeting at 3:14 p.m. - /° Leo Lane, President WFEDC MINUTES 11/16/2023 PAGE 4 OF 4 PAGE 4 of 4 AGENDA ITEM NO.6.f MINUTES OF THE W ICHITA FALLS 4B SALES TAX CORPORATION (WF4BSTC1 FEBRUARY 13, 2024 PRESENT: Tony Fidelie, President § WF4BSTC Members Glenn Barham, Vice-President § Darron Leiker § Nick Schreiber § Craig Reynolds § R. Kinley Hegglund, Jr., City Attorney § City Staff Paul Menzies, Assistant City Manager § Stephen Calvert, Senior Budget Analyst § Karen Montgomery-Gagne, Principle Planner § Chris Horgen, Public Information Officer § Paige Lessor, Executive Legal Assistant § Ron Kitchens, CEO § Chamber of Commerce Ted Pepps § Sheppard Air Force Base Jeffrey Gutierrez § Lynn Walker, Writer § Times Record News Sam Pak § ABSENT: Michael Mills, 4B Member § Dave Clark, 4B Member § 1. Call to Order. Mr. Fidelie called the meeting to order at 3:00 p.m. 2. Report of financial condition (current, past & planned budget & expenditures); and other administrative actions Mr. Paul Menzies addressed the Board and stated that sales tax revenue year-to-date looks pretty challenging compared to last year. The projected revenue for the year is over $5 million, and the current unnumbered fund balance is approximately $7.8 million. 3. Consent Agenda a) Approval of Minutes of November 2, 2023. Mr. Darron Leiker moved to approve the minutes. Seconded by Mr. Glenn Barham and following no public comment, the motion carried 5-0. 4. Public hearing regarding a funding request via the Wichita Falls Chamber of Commerce to support the airfield Bird Air Strike Hazard (BASH) reclamation project at Sheppard Air Force Base. Mr. Fidelie opened the public hearing at 3:01 p.m. Mr. Ron Kitchens made a presentation to the Board on behalf of the Chamber of Commerce and the Military Affairs Committee regarding the funding request. Due to WF4BSTC Minutes Page 1 of 4 2/13/2024 PAGE 1 of 4 AGENDA ITEM NO.6.g inadequate federal budget allocations, there is a need for $99,500 annually for the next four years from the 4B Board to mitigate habitat issues that attract birds, which pose a risk to planes using Sheppard Air Force Base. He emphasized the importance of preventing bird- related damage to civilian and military aircraft and offered to answer questions or have Sheppard Air Force Base representatives provide further details. Mr. Craig Reynolds inquired about similar funding issues at other bases like Atlus, Tinker, and Dallas. Mr. Tedd Pepps, Sheppard AFB Representative, introduced himself as a Wildlife Biologist at Sheppard AFB. He worked for the USDA and has been at the installation for 20 years. He confirmed that all bases have similar programs but different needs. Sheppard has a unique weed control program. To his knowledge, none of the other bases have a large- scale weed control program like Sheppard's. Mr. Kitchens told the 4B Board that the Sheppard Representatives had a presentation to show the Board. Mr. Pepps provided an overview of the weed control program at Sheppard Air Force Base aimed at protecting aviation safety for both military and civilian aircraft. Between 2010 and 2015, Wichita Falls experienced a severe drought, leading to a significant decline in grasses compatible with the BASH (Bird Wildlife Aircraft Strike Hazard) program on the airfield. The drought resulted in extensive bare ground and increased weed invasion, attracting mourning doves and other wildlife, such as rodents and invertebrates, creating safety hazards. In 2013, mourning doves on the airfield primarily consumed Western ragweed, a preferred food for various birds, illustrating the shift in vegetation. Western ragweed had replaced what was once Bermuda grass and Johnson grass. Mr. Pepps presented photos of the airfield before and after the drought, displaying the weed invasion. Mr. Pepps, Sheppard Entomology and the Natural Resource Manager, drafted corrective action plans in 2013. A statement of work was developed for contractor bids, and a local land reclamation company was selected. Initial funding of$300,000 was received in 2014, with subsequent annual budgets varying, reaching $56,000 per year between 2016 and 2023. The project aimed to control grasses, weeds, and legumes that attract wildlife, establish drought-hardy grasses, and maintain an annual herbicide program to support BASH-compatible grasses. Areas with minimal BASH grasses were targeted for complete vegetation kill and reseeding with desirable grasses. Selective herbicide treatments were applied where BASH grasses were dense enough to replace weeds. A spray rig with a 90- foot boom and no-till seed drills were used to minimize soil disturbance and maintain plant integrity. Mr. Pepps presented before-and-after photos of various treated areas showing significant improvement, with undesirable weeds replaced by beneficial grasses. Approximately 1,340 acres have been treated, with over 200 acres seeded. Multiple sites showed successful establishment of desirable grasses after treatment and seeding, illustrating effective weed control and grass recovery. Mr. Pepps further discussed the ongoing maintenance of this program. Environmental conditions and funding will continuously influence weed and grass management. The goal for the upcoming year is nearly $100,000 to maintain the herbicide program and restore additional areas with native grasses. Mr. Pepps presented a chart of bird strike rates since 2003, indicating a potential positive impact of the airfield restoration project on reducing bird strikes. Although he acknowledged multiple factors that influence these rates, he does see evidence that weed WF4BSTC Minutes Page 2 of 4 2/13/2024 PAGE 2 of 4 AGENDA ITEM NO.6.g control has successfully reduced incompatible vegetation and enhanced aviation safety at Sheppard Air Force Base. Mr. Pepps then invited questions from the Board. Mr. Leiker inquired whether this program helped mitigate the cattle egret problems that the city has helped with. Mr. Pepps explained that this is a separate problem and program. Mr. Barham commented that if a commercial aircraft goes down because a bird gets ingested into the engines, there will be loss of life as well as significant property damage. Additionally, with military aircraft coming and going, there is an additional potential for loss of life if there is a bird strike, depending on the size and location of the strike. He expressed his support for the project. Mr. Fidelie inquired about the timing related to the rain cycle and planting. Mr. Pepps explained that timing is critical for herbicide applications and planting. He said they must treat the airfield no later than March to control the weeds causing the issue. Mr. Leiker inquired about future funding beyond the four-year request if federal funding isn't restored. Mr. Pepps explained that, ideally, the maintenance would continue indefinitely. Once the proper grasses are established, it becomes a self-sustaining habitat. But there will always be a need for some weed control. Mr. Fidelie asked if there were multiple species of birds causing the problem or just mourning dove. Mr. Pepps explained that other birds also come in because the flowering plants attract insects, which are food for other birds. He said they are targeting the springtime weeds seen in March and April, which attract all the pollinators. They are trying to address the root cause of each problem. Mr. Schreiber asked about the environmental impact and how the weeds are treated. He wondered if the birds were being deterred to some other place. Mr. Pepps confirmed no significant environmental concerns; the project aims to avoid attracting birds to the airfield. Mr. Fidelie asked if the Air Force bases within close proximity are requesting assistance from their local entities because of the federal government's funding cut. Mr. Pepps did not know whether they were looking locally. Still, he said all BASH programs are interested in a similar program where they control broadleaf weeds and replant desirable vegetation. Mr. Schreiber asked if there was a reason for the cut in funding. Mr. Pepps explained that they received the funding due to the drought, but now that they are in a maintenance phase, it is more difficult to receive funds. Mr. Fidelie closed the public hearing at 3:17 p.m. 5. Executive Session. Mr. Fidelie adjourned the meeting into executive session at 3:17 p.m. pursuant to Texas Government Code sections 551.087, 551.071, and 551.072. He announced the meeting back WF4BSTC Minutes Page 3 of 4 2/13/2024 PAGE 3 of 4 AGENDA ITEM NO.6.g into regular session at 3:40 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further action were taken on these items in executive session. 2. Administrative Action —Appointment of Secretary-Treasurer Mr. Fidelie reverts to agenda item number two regarding administrative actions. He pointed out that it came to the Board's attention that the appointment of a treasurer was necessary. Mr. Reynolds moved to appoint Michael Mills as secretary-treasurer of the WF4BSTB. Seconded by Mr. Barham,following no public comment the motion carried 5-0. 6. Consideration of a funding request via the Wichita Falls Chamber of Commerce to support the airfield Bird Air Strike Hazard (BASH) reclamation project at Sheppard Air Force Base. Mr. Fidelie motioned for the WF4BSTB to enter into a performance agreement with Sheppard Air Force Base for a four-year term, not to exceed funding in the amount of$99,500 per year for a total of not more than $398,000. Seconded by Mr. Reynolds, the motion carried 5- 0. 7. Adjourn. No further discussions took place, nor actions taken. Mr. Fidelie adjourned the meeting at 3:42 p.m. Guy Z.:any" Fidelie, Jr., President WF4BSTC Minutes Page 4 of 4 2/13/2024 PAGE 4 of 4 AGENDA ITEM NO.6.g MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION. FEBRUARY 15, 2024 PRESENT: David Toogood, Vice President § WFEDC Members Phyllis Cowling, Secretary-Treasurer § Darron Leiker § Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Stephen Calvert CFO/Director of Finance James A. McKechnie Deputy City Attorney § Terry Floyd, Dir. of Development Services § Chris Horgen, Public Information Officer § Paige Lessor, Legal Asst I Recording Secretary § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, Partner Vicki Pratt, Partner § ABSENT: § Leo Lane, President § WFEDC Member Brent Hillery § WFEDC Member 1. CALL TO ORDER Mr. Toogood called the meeting to order at 2:40 p.m. 2. CONSENT AGENDA a. Approval of Minutes (January 18, 2024) Ms. Cowling moved to approve the Minutes as presented. Seconded by Mr. Leiker, the motion carried 3-0. b. Financial Report Mr. Menzies reminded the Board that Mr. Calvert had provided them with an analysis of sales tax. He highlighted the current challenges compared to the previous year. Despite this, interest income appears to be compensating for any shortfalls in sales tax revenue. He further stated that approximately $11.2 million in unencumbered funds were available, providing flexibility for potential new projects. 3. DISCUSSION AND POSSIBLE ACTION AUTHORIZING THE SALE OF 28+ ACRES AT THE WICHITA FALLS BUSINESS PARK FROM THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION (WFEDC) TO BHD LAND DEVELOPMENT LLC (BHD), THE REIMBURSEMENT TO BHD IN AN WFEDC MINUTES 2/15/2024 PAGE 1 OF 2 PAGE 1 of 2 AGENDA ITEM NO.6.h AMOUNT NOT TO EXCEED$2.8M FOR THE DESIGN AND CONSTRUCTION OF THE EXTENSION OF PRODUCTION BLVD AND RELATED UTILITIES, AND AUTHORIZING THE WFEDC BOARD CHAIR TO SIGN ALL RELATED DOCUMENTS. Mr. Toogood opened the floor for any questions or comments on the agenda item before adjourning into executive session. No questions were asked nor comments made. 4. EXECUTIVE SESSION Mr. Toogood adjourned the meeting into executive session at 2:42 p.m. pursuant to Texas Government Code§§551.087 and 551.072. He announced the meeting back into regular session at 3:46 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. 5. MOTIONS THE SALE OF 28+ACRES AT THE WICHITA FALLS BUSINESS PARK FROM THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION(WFEDC)TO BHD LAND DEVELOPMENT LLC (BHD),THE REIMBURSEMENT TO BHD IN AN AMOUNT NOT TO EXCEED $2.8 MILLION FOR THE DESIGN AND CONSTRUCTION OF THE EXTENSION OF PRODUCTION BLVD AND RELATED UTILITIES Mr. Leiker made a motion to authorize the sale of parcel number 9560110100, totaling approximately 28 acres in the Wichita Falls Business Park in the amount of $1,966,407 from the Wichita Falls Economic Development Corporation to BHD Land Development, and the reimbursement to BHD in an amount not to exceed 12.8 million for the design and construction of the extension and Production Boulevard and related utilities, and authorized Wichita Falls Economic Development Corporation board chair to sign all related documents. With no further comments, public discussion, or questions and a second by Ms. Cowling, the motion carried 3 - 0. 6. ADJOURNED. Mr. Toogood asked if the public had any questions or comments. Since there were none, he adjourned the meeting at 3:48 p.m. David Toogood, Vice-President WFEDC MINUTES 2/15/2024 PAGE 2 OF 2 PAGE 2 of 2 AGENDA ITEM NO.6.h MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION APRIL 18, 2024 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Phyllis Cowling, Secretary-Treasurer § Darron Leiker § Brent Hillery § Tim Short, Mayor § Mayor& Council Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Stephen Calvert, CFO/Director of Finance § Russell Schreiber, Director of Public Works § Terry Floyd, Dir. of Development Services § Chris Horgen, Public Information Officer § Paige Lessor, Legal Asst/Recording Secretary § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce 1. CALL TO ORDER Mr. Lane called the meeting to order at 2:30 p.m. 2. CONSENT AGENDA a. Approval of Minutes (February 15, 2024) b. Financial Report Ms. Cowling moved to approve the consent agenda. Seconded by Mr. Leiker, the motion carried 4-0. Mr. Lane abstained from the vote. 3. EXECUTIVE SESSION Mr. Lane adjourned the meeting into executive session at 2:31 p.m. pursuant to Texas Government Code§§551.087. He announced the meeting back into regular session at 3:17 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. 6. ADJOURNED. Mr. Lane asked if the public had any questions or comments. Since there were none, he adjourned the meeting at 3:48 p.m. WFEDC MINUTES 4/18/2024 PAGE 1 OF 2 PAGE 1 of 2 AGENDA ITEM NO.6.i 4.-./,0-gl, c 'e,..t.-.i.--lc.— Leo Lane, President WFEDC MINUTES 4/18/2024 PAGE 2 OF 2 PAGE 2 of 2 AGENDA ITEM NO.6.i MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION MAY 16, 2024 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Phyllis Cowling, Secretary-Treasurer § Darron Leiker § Brent Hillery § Tim Short, Mayor § Mayor& Council Paul Menzies, Assistant City Manager § City Administration Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Kaitlin LeVasseur, Budget Analyst § Terry Floyd, Dir. of Development Services § Chris Horgen, Public Information Officer § Paige Lessor, Legal Asst/Recording Secretary § Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Moriah Williams, Partner § Vicki Pratt, Partner § 1. CALL TO ORDER Mr. Lane called the meeting to order at 2:32 p.m. 2. CONSENT AGENDA a. Approval of Minutes (April 18, 2024) b. Financial Report Mr. Lane noted that the financial report did not contain any unexpected information. Mr. Menzies added that the Board has not funded any new projects recently, so the fund balance is growing quite rapidly. Mr. Lane, Ms. Cowling, and Mr. Leiker all commented that although sales tax performance is better than in previous months, it is still not where they would like to see it. Mr. Leiker moved to approve the consent agenda. Seconded by Mr. Hillery, the motion carried 4-0. Mr. Toogood had not yet arrived at the meeting. 3. EXECUTIVE SESSION Mr. Lane adjourned the meeting into executive session at 2:34 p.m. pursuant to Texas Government Code §§ 551.087. He announced the meeting back into regular session at 3:33 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further actions were taken on the items in executive session. WFEDC MINUTES 5/16/2024 PAGE 1 OF 2 PAGE 1 of 2 AGENDA ITEM NO.6.j 6. ADJOURNED. Mr. Lane asked if the public had any questions or comments. Since there were none, he adjourned the meeting at 3:34 p.m. Leo Lane, President WFEDC MINUTES 5/16/2024 PAGE 2 OF 2 PAGE 2 of 2 AGENDA ITEM NO.6.j , Wichita Falls Park Board Meeting May 23, 2024 W.F. Recreation Center 600 11th St. Room 205 Time: 1:30pm Presiding: Jim Heiman Members Present: Dorcas Chasteen, Josh Phillips, Sandy Fleming, Dawn Ferrell, Alan Donaldson, Adam Arruda, Patrick Hearn Members Absent: Steve Garner, Luis Severin, Larri Jean Jacoby, City Council Representative: Tom Taylor Other: Scott McGee, Terry Points, Blake Jurecek CALL TO ORDER: Jim Heiman called the meeting to order at 1:30 p.m. 1. APPROVAL OF MINUTES: The minutes from April 25, 2024 were put before the Board for approval. Alan Donaldson made the motion to approve the minutes and Josh Phillips second the motion. 2. DEPARTMENTAL REPORT: A. Recreation: Scott McGee • See Attached Recreation Report B. Parks: Terry Points • See Attached Parks Report C. Lake Wichita Revitalization Committee: • No update D. Circle Trail Update: • Applied for shoreline grant E. Master Plan: • Announced at the June 27th meeting halff will be here F. Other Business, Announcements, Comments: • No updates were reported Meeting was adjourned at 2:05pm. Signature: �; fa--:,T `e-�'� ir-- PAGE 1 of 3 AGENDA ITEM NO.6.k Recreation Report for May 2024 50 Plus Zone daily attendance for the week was 295. 50 Plus Zone hosted an Ice Cream Social and Played Minute to Win it last week. Recreation Class enrollment for May was 53. Swim Class enrollment for the summer is at 65% currently. 1st session of summer camps enrollment for Jefferson is 100% and currently at Scotland it is 21%. Enrollment for the three Summer Dance Camps beginning June 10th is at 18%. Last week's concert by All Funk Radio Show had an attendance of over 600. Spring Softball and Volleyball should wrap up this week with playoffs the following week. Currently economic impact for the Sports Complex sets at $1,943,008 Parks crew are going to build and install the new partitions for the men's restrooms at the Sports Complex Ferguson Veresh is in the process of working up a bid for the replacement of the sinks and toilet fixtures at the Sports Complex. Several of these projects will be going on between July 23- Aug 9th before the Fall season begins for leagues and tournaments Lucy Park Pool opens this weekend with Splash Day on Saturday. Falls Town Courts at Hamilton Park hosted a Mixed Drill Night, and opened up a new Ladies Beginner Class. Upcoming Tennis events including Summer Tennis Camps and a USTA Junior Tournament June 28th. Falls Town Courts at Weeks Park hosted a Ladies and Mixed Drill night and opened a new Men's League in May Upcoming events include Teacher Appreciation Night, a team tournament and a Pickleball & Pizza Night. PAGE 2 of 3 AGENDA ITEM NO.6.k 5/23/24 Parks Report Bridwell Futsal Courts went to City Council on Tuesday, we have a CDBG meeting with Duke Construction next Tuesday 05/28/24. This meeting will cover the Davis Bacon Wage Act (required). If all goes well, we should break ground in a few weeks. Installed four of the eighteen 5'X12' T-Pads this week at Williams Disc Golf. WFDGA paid for the concrete. Pulled, Prepped and Planted 200 flower beds. This process takes an army (30-35 employees) about 10 days. Routine Maintenance has finally got back underway. It may take a few weeks to get caught up where we need to be. Took down the remaining framework of the Lucy Pagoda. Will be meeting with contractors to discuss redesign. 04/29/2024 a pickup lost control and destroyed our pump vault and pump at the 287 N Gateway Pond causing about $3500 damage. Waiting on insurance to reply. Getting all permits in order for the Splash Pad official opening this weekend. PAGE 3 of 3 AGENDA ITEM NO.6.k MINUTES Central Wichita Falls Neighborhood Revitalization Committee June 25, 2024 PRESENT: Wendy Browder •v e Chair Nadia Menchaca •WFAAC Liaison Mike Mitchell *Chairman Councilor Larry Nelson •Member Ann Arnold-Ogden •Member Councilor Michael Smith •Member Terry Floyd, Director of Development Services •City Staff Fabian Medellin, Planning Manager •City Staff Christal Cates, Neighborhood Revitalization Coordinator •City Staff Lt. Deanna Tofte,Community Services Office •City Staff Rita Miller, Neighborhood Services Administrator •City Staff Alex Borrego, Code Enforcement Supervisor •City Staff Marco Montano, Code Enforcement Officer •City Staff ABSENT: Larry Fox •Member Jose Garcia • Member Andrea Robles •Member GUEST: Whitney Flack •Guest I. CALL TO ORDER The meeting was called to order by Chairman Mike Mitchell, at 4:00 p.m. and introductions of all attendees made. III. PUBLIC COMMENTS Chairman Mitchell asked if there were any members of the public that wished to speak. No comments from the public. VII. ADOPTION OF THE MINUTES Chairman Mitchell went over the minutes from the last meeting and asked for a motion to approve the minutes from June 4th, 2024. Mrs. Ann Arnold-Ogden made a motion to approve with Vice Chair Wendy Browder seconding. The motion passed unanimously with a vote of 6-0. PAGE 1 of 3 AGENDA ITEM NO.61 Neighborhood Revitalization Committee 2 June 25, 2024 VIII. REGULAR AGENDA 1. Neighborhood Survey Update Mrs. Christal Cates presented and update of the Neighborhood Survey that had been handed out, posted throughout the neighborhood, and sent as an insert in water bills. Mrs. Cates stated they currently had 34 responses and the rankings of importance remained on trend from the last update. Neighborhood Safety was the number on priority on the survey at 79.4% of community members. Neighborhood Maintenance came in the second most important with 70.6% and Parks was the third with a 41.2% rate. It was noted that Neighborhood Businesses' came in at the forth most important, closely at 35.3%. Vice Chair Browder advised she had handed out surveys to her neighbors to take, Mrs. Cates thanked Ms. Browder and stated that her efforts showed in the increase in surveys taken. 2. Bridwell ParklFutsal Court Unveiling Update Mrs. Cates gave a brief update regarding a meeting held with Mr. Fabian Medellin, Planning Manager, and Mr. Terry Points, Parks Superintendent, regarding the Futsal courts being developed in Bridwell Park. She advised the Parks department was currently bringing in infill dirt to begin the foundation for Duke Construction to begin pouring concreted in approximately 3 weeks. The timeline will depend greatly on weather. Mrs. Cates stated striping would begin once concrete had cured and at that time the construction was on schedule to be ready for the unveiling date of August 315t, 2024. Photos were displayed that showed the work beginning in Bridwell Park as well as the goals that have been made in-house and the arrival of the new fountain. Mrs. Cates advised she and Mr. Medellin also met with the Parks staff and had reserved Bridwell Park for August 31st, 2024 from 10 a.m. to 6 p.m. as well as the music stage for that date. Discussions among staff and the Committee regarding times for the unveiling. It was decided the park would need to be reserved from 9 a.m. to 2 p.m. to allow for setup and them tear down and clean-up afterward with the actual event time being from 10 a.m. to 1 p.m. Mrs. Cates advised she would contact the Parks department to change the reserved times. Discussion among staff and Committee regarding holding another sub-committee meeting in the coming week for more detailed planning of the unveiling event. Chairman Mitchell stated a social media would be a good thing to have for the advertising of the Committee and future efforts and events. Mr. Medellin advised staff was currently working with the City's Public Information Office on setting up a page for social media. Chairman Mitchell stated he would like to see a page and a group set up for the Central Wichita Falls Neighborhood Revitalization. Staff stated they would relay that to the PIO department. 3. Introduction to Neighborhood Property Maintenance PAGE 2 of 3 AGENDA ITEM NO.61 Planning and Zoning 3 June 25, 2024 Mr. Medellin and Mrs. Cates introduced Mrs. Rita Miller, Neighborhood Services Administrator, Mr. Alex Borrego, Code Enforcement Supervisor and Mr. Marco Montana, Code Enforcement Officer to the Committee and began discussions of property maintenance in the Revitalization Area. Mr. Medellin displayed various photos of existing residential structures in the neighborhood, in different conditions to the Committee to discuss what the standard of acceptability to be expected in a well-kept property and what would not be. Mr. Montana discussed many properties and the known issues each had. Code Enforcement staff explained their various procedures for obtaining compliance from property owners as well as procedures for hazardous structure and demolition proceedings. There was much discussion between staff and the Committee regarding the property maintenance issues and would need to be continued at the next meeting. Mrs. Cates handed out "The Facts of Rental Registration" to the Committee for them to read later for discussions at the next meeting. IX. ADJOURN Chairman Mitchell advised the next meeting was tentatively scheduled for July 9th at 4 p.m. to be held at the Arts Alliance conference room, same as that meeting. Vice-Chairwoman Browder announced after discussions with her neighbors, she would be holding a luncheon in her home on June 27th at noon for the surrounding neighbors to discuss starting a Neighborhood Watch Program. Vice-Chair Browder stated she would update the Committee on the progress afterward. Chairman Mitchell adjourned the meeting at 5:04 p.m. 7/ /i Mike Mitchell, Chairman Date Fatiiarl Medellin, Planning Manager Date PAGE 3 of 3 AGENDA ITEM NO.61 MINUTES Central Wichita Falls Neighborhood Revitalization Committee July 9, 2024 PRESENT: Wendy Browder •Vice Chair Larry Fox •Member Jose Garcia •Member Nadia Menchaca •WFAAC Liaison Mike Mitchell •Chairman Councilor Larry Nelson •Member Ann Arnold-Ogden • Member Andrea Robles •Member Councilor Michael Smith •Member Fabian Medellin, Planning Manager •City Staff Christal Cates, Neighborhood Revitalization Coordinator •City Staff Alex Borrego, Code Enforcement Supervisor •City Staff GUEST: Whitney Flack •Guest Debi Johnson •Guest I. CALL TO ORDER The meeting was called to order by Chairman Mike Mitchell, at 4:03 p.m. and introductions of all attendees made. III. PUBLIC COMMENTS Chairman Mitchell asked if there were any members of the public that wished to speak. Guest, Debi Johnson stated she was excited to see the neighborhood progress and be a part of the revitalization. Mrs. Johnson and her husband are real estate investors and own Old to New Restorations LLC. VII. ADOPTION OF THE MINUTES Chairman Mitchell went over the minutes from the last meeting and asked for a motion to approve the minutes from June 25th, 2024. Councilor Larry Nelson made a motion to approve with Mrs. Ann Arnold-Ogden seconding. The motion passed unanimously with a vote of 8-0. VIII. REGULAR AGENDA PAGE 1 of 3 AGENDA ITEM NO.6.m Neighborhood Revitalization Committee 2 July 9, 2024 1. Neighborhood Property Maintenance Mr. Medellin and Mrs. Cates continued discussions of property maintenance in the Revitalization Area, picking up from the last meeting. Mr. Medellin displayed various photos of existing residential structures in the neighborhood, in different conditions to the Committee to discuss what the standard of acceptability to be expected in a well-kept property and what would not be. Mrs. Cates updated the Committee on a meeting held with her, Mr. Medellin, Planning Manager, Denton Keltner, Deputy Chief Appraiser and Monty Toliver, Director of Appraisal at the Wichita Appraisal District on Monday, July 8th, 2024 regarding the appraisal process and what upgrades and added items to properties would cause different rates of increase in property values. Mrs. Cates introduced the 2024 International Property Maintenance Code (IPMC) to the Committee and advised this was for a baseline only and that the Committee could recommend to adopt as much or as little as they decided and even add their own verbiage if they so wished. Chairman Mitchell asked that the presentation for the meeting be emailed to all the Committee so that they could review the code in depth later for future meeting discussions. There was much discussion between staff and the Committee regarding the property maintenance codes. It was determined a code would be vital in the rehabilitation and revitalization of the neighborhood as the Code Enforcement department was currently very limited in areas of property maintenance. Chairman Mitchell stated this would be an on-going discussion and would need to be continued at the next meeting. IX. OTHER BUSINESS 1. Bridwell ParklFutsal Court Unveiling Update Mrs. Cates gave a brief update regarding a meeting held with Mr. Fabian Medellin, Planning Manager, and Mr. Scott McGee, Recreation Administrator for the City of Wichita Falls, regarding the Futsal courts unveiling party in Bridwell Park. She advised the Recreation department would be furnishing the mobile stage for the event, free of charge. They will also be bringing in many of their outdoor games and possibly the train, depending on the width of the sidewalks in the park. Mrs. Cates advised the Parks department had finished leveling out the in-fill dirt brought in and ready for Duke Construction to begin concrete work. Discussion among staff and Committee regarding holding another sub-committee meeting in the coming week for more detailed planning of the unveiling event. It was decided Thursday, July 25th, the sub-committee would meet at 4 p.m. PAGE 2 of 3 AGENDA ITEM NO.6.m Neighborhood Revitalization Committee 3 July 9, 2024 Mrs. Cates gave an update in response to Chairman Mitchell's request for a social media group for the advertising of the Committee and future efforts and events. Mrs. Cates and Mr. Medellin met with Chris Horgan, Public Information Officer and Samantha Forester, Social Media Marketing with the City's Public Information department. Different ideas for what type of social media setup should be. It was determined a separate group would be set up for the Neighborhood Revitalization from the City's main page. This would allow for ownership of the group to be transferred from City administration to the revitalization group in the future without losing followers. The City's main page will post for the group and list it as an option for joining in future post regarding events and happenings for the Central WF Neighborhood Revitalization. Mrs. Cates stated the group was in the process of being created and permissions setup and should be ready in the next coming week. VII. ADJOURN Chairman Mitchell advised the next meeting was scheduled for July 23rd at 4 p.m. to be held at the Arts Alliance conference room, same as that meeting. Chairman Mitchell adjourned the meeting at 5:03 p.m. WIWI-C/A 1 -a3 h Inaor Date , at a elfin Planning Manager Date PAGE 3 of 3 AGENDA ITEM NO.6.m CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Conduct a public hearing and take action on text amendment to amend the Code of Ordinances, Appendix A: Subdivision and Development Regulations revising and updating sections addressing: Standards and specifications relating to: utility lines, modification of subdivision regulations (appeal procedure), and providing for modification requirements related to Stormwater Design Manual and the Pavement Design Manual; providing a repealer clause; providing for inclusion. INITIATING DEPT: Development Services STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: "Right-size" Development Regulations BACKGROUND: TIMELINE • January 10, 2024 — P&Z approve Text amendment to Appendix A of the Code of Ordinances in order to comply with HB 3699; P&Z recommend staff review the development standards • January 16, 2024 — City Council formally adopted the revisions to Appendix A of the Code of Ordinances; Council directed staff to review the current development standards • February 27, 2024 — Staff held the first input meeting to receive suggestions for modifications to the development standards • April 17, 2024—Second input session and progress update at P&Z • May 8, 2024 —Third input session and progress update at P&Z • June 12, 2024 — Fourth input session and progress update at P&Z • July 10, 2024 — P&Z votes unanimously to recommend the City Council adopt the proposed Ordinance amendments, Stormwater Design Manual, and Pavement Design Manual • August 6, 2024 — City Council to conduct public hearing and consider amendments. COMMENTARY: The proposed amendments are the result of Planning Commission, development community, staff, local engineering firms, and public feedback/discussion regarding proposed amendments. The attached proposed ordinance and design manuals amendments generally consist of the following: Appendix A - Subdivision Ordinance: • Addition of language as amended by the City Council at the January 16, 2024, meeting to require a 60-day notice period for revisions to Appendix A (Subdivision Ordinance), Stormwater Manual and Pavement Design Manual, and requirement of P&Z evaluation before proceeding to City Council for consideration.(pg. 70) PAGE 1 OF 117 PAGES AGENDA ITEM NO. 7.A • Addition of language to further clarify that the Director of Public Works is to propose or accept engineering design alternatives compatible with prevailing conditions. (pg. 71) • Addition of Chapter 106, article VI, Extensions, of the Code or Ordinances which allows for smaller diameter water main extensions with approval by the City Engineer. (pg. 86) • Inclusion of an "abutting" property may request the closing of an easement. (pg. 90) • Modification to Section 3.14 Parks changing the 50% completion to 10% completion (pg. 91) • Modifications to the Subdivision Modification process (i.e. variance) (pg. 113-114) Stormwater Design Manual (Proposed Amendments): • Title page changed to reflect City Council adoption date (pg. 116) • Modification to Section 3.1.2 Rainfall Estimation, to allow for use of TxDOT IDF Curves for rainfall intensities. (pg. 122) • Modification to Section 3.3.2 Storm Sewer (Closed Conduit) Systems, to allow for minimum pipe size to be 12-inch vs 18-inch. (pg. 133) • Modification to Section 3.3.2 Storm Sewer (Closed Conduit) Systems, to allow for Rock rip-rap is an acceptable replacement to the 10-foot concrete apron currently required. (pg. 133) • Modification to Section 3.3.3 Storage Design, to allow in-line detention in residential developments with a pilot channel and designed in compliance with Section 3.2 Downstream Assessment of the manual. (pg. 138) • Modification to Section 3.3.3 Storage Design, to allow for steeper side slopes for commercial detention ponds to be constructed. (pg. 139) • Modification to Section 3.3.3 Storage Design, eliminating the 15-foot wide belt around a detention pond. (pg.139) • Removal of description for blanks in detention facility agreement templet and update to City authorization signature. (pg.150) Pavement Design Manual: • Title page changed to reflect City Council adoption date. (pg. 153) • Minor edits to the table of contents (pg. 154-155) • Modification the standard detail for minimum culvert diameter reduced from 15-inch to 12- inch diameter. Detail 2170. (pg. 177) • Modifications to standard concrete pavement (detail no. 2000-A), reducing residential concrete pavement thickness' from 6" to 5" and reducing the reinforcing steel required. (Unsupported by PW Staff and our local engineers) (pg. 157-158) P&Z has reviewed and made this recommendation to the City council for adoption. Staff recommends approval of all of the amendments with the exception of the change to the concrete paving detail. Engineering staff as well as the local engineers believe the existing concrete detail should remain unchanged as it will better serve the citizens of the city. ® Director of Development Services ® Director of Public Works ® Assistant City Manager ASSOCIATED INFORMATION: Appendix A — Subdivision Ordinance; Stormwater PAGE 2 OF 117 PAGES AGENDA ITEM NO. 7.A Design Manual; Pavement Design Manual ® Budget Office Review ® City Attorney Review Z City Manager Approval PAGE 3 OF 117 PAGES AGENDA ITEM NO. 7.A Ordinance No. Conduct a public hearing and take action on text amendment to amend the Code of Ordinances, Appendix A: Subdivision and Development Regulations revising and updating sections addressing: Standards and specifications relating to: utility lines, modification of subdivision regulations (appeal procedure), and providing for modification requirements related to Stormwater Design Manual and the Pavement Design Manual; providing a repealer clause; providing for inclusion WHEREAS, City Council, from time to time, may order the review and amendments of city ordinances; and, WHEREAS, updating the subdivision ordinance will streamline the development approval process, fostering economic growth and attracting new investments to our community by incorporating modern planning principles and best practices, the amended ordinance will enhance the overall quality of development within our municipality; WHEREAS, the Planning and Zoning Commission and City Staff have reviewed the subdivision ordinance, stormwater design manual, and pavement design manual, made the suggested amendments, and now present it to City Council for final approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Appendix A of the Wichita Falls Code of Ordinances is hereby amended with the revisions as outlined, which shall hereafter read as follows: Appendix - A Subdivision and Development Regulations § 1 Authority, purpose and extraterritorial application. A. The purpose of this ordinance is to provide for the orderly, safe and healthful development of the area within the city and within the extraterritorial jurisdiction of the city and to promote the health, safety, morals and general welfare of the community. B. With a notice period of 60 days, any alterations or revisions to Appendix A, encompassing both pavement and stormwater manuals, must undergo evaluation by the Planning and Zoning Commission for initial approval before proceeding to the City Council for final approval. C. This ordinance shall apply inside the corporate city limits and within two levels within the extraterritorial jurisdiction. Level one shall be along corridors and areas identified on a map approved by the city council, made a part of this ordinance and referred to PAGE 4 OF 117 PAGES AGENDA ITEM NO. 7.A herein by reference, as the areas most likely to experience growth in the nearest future. Level two—Development Authority shall be within the remaining areas of the extraterritorial jurisdiction. D. The limits of level one and level two will be subordinate to any past or future agreements between jurisdictions that define or redefine the boundaries of the extraterritorial jurisdiction and that would affect the boundar[ies] of level one or level two. E. The boundaries describing the limits of levels one and two are subject to periodic review and may be adjusted by the city council. F. Should a development or improvement be partially within either levels of development, the most restrictive standards shall apply to the entire development or improvement. G. Inside the city limits and within levels one and two, there shall under all situations be a plat filed with the city if located within the certificate of convenience and necessity (CCN) area, and/or where there exists a contract between outside water providers and the city. Such plat shall be provided to the Planning Division in conformance with requirements therein and herein as applicable. H. The Director of Public Works is authorized to propose or accept engineering alternatives to the provisions outlined in Appendix A, provided that such alternatives are deemed compatible with the prevailing conditions. § 2 Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings ascribed to them in this section. Alley. An "alley" is a minor public right-of-way, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a public street. Applicant. An "applicant" is any person or any agent thereof establishing a lot of record or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "applicant" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner of land sought to be subdivided. Block. A "block" shall be the property fronting on a street between street intersections or 1,200 feet, whichever is less. Where a street intersects only one side of a block, that side of the street shall be calculated in determining the block regardless of an intervening street. Board of adjustment. PAGE 5 OF 117 PAGES AGENDA ITEM NO. 7.A The "board of adjustment" is the board of adjustment of the City of Wichita Falls, Texas, pursuant to Chapter 211 of the Texas Local Government Code. Border lines. "Border lines" are water or sewer lines that abut one or more sides of a subdivision, but which serve other land as well as the land in such subdivision. Building setback line. The "building setback line" is the line within a property defining the minimum horizontal distance between a building or structure and the property line. City. Unless otherwise stated herein, "City" shall be city departments, and boards and commissions having purview over these regulations as applicable. "City" may also refer to the area contained within the boundary limits of the City of Wichita Falls. Commission. The "Commission" is the Planning and Zoning Commission. Comprehensive plan. The "comprehensive plan" is a plan of the city, adopted by the city council and as may be amended from time to time, that may include details related to growth, development, and city resources. Cul-de-sac. A "cul-de-sac" is a minor street having but one vehicular access to another street and terminated by a vehicular turnaround. Dead-end street. A "dead-end street" is a street, other than a cul-de-sac, with only one outlet. Development or developed. The term "developed" or "development" shall refer to those situations where water, sewer, streets or other utility, including stormwater provisions, are installed according to standards under this regulation or as may be required. Easement. An "easement" is an interest in land recorded for record that may be granted to a public, quasi public or private entity for installing and maintaining utilities, across, over or under private land together with the right to enter thereon, with machinery and other vehicles necessary for the maintenance of said utilities and that may include areas designated for access to an easement where a utility is located. An easement shall also include those areas reserved for other use that may include ingress and egress, drainage and other such utility. Engineer. An "engineer" is a person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering. Extraterritorial jurisdiction. PAGE 6 OF 117 PAGES AGENDA ITEM NO. 7.A Area outside of a city as defined by Texas Local Government Code ch. 42. Governmental unit. A "governmental unit" shall be the city, county, state or federal government, or other political subdivision of the state authorized to accept dedications for streets, easements and/or utilities. He. Use of the term "he" shall not be construed as gender specific. Improvement(s). An "improvement" shall be the construction of any structure or site element above the natural grade or additions to or modifications of any such structure or site element. This provision shall also include parking lots. Level of development. "Level of development" shall refer to levels one and two as defined herein. Level one and level two. "Level one and level two" shall refer to the application of standards within areas defined on a map, approved by the city council, and by reference made a part of this ordinance. Lot. A "lot" is an undivided tract or parcel of land which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract, lot number, or symbol in a duly approved subdivision plat which has been approved by the Commission and properly filed for record. All lots shall provide dedicated access to a public street sufficient for the projected traffic generated by the proposed development, with the exception of lots for single and/or two family residential development which shall have frontage on a public street. Lot of record. A "lot of record" is a tract of land legally recorded as a plat with the land records of the county. Master plan. A "Master plan" is a comprehensive concept plan to show the development of domestic water, sanitary sewer utilities, and storm water drainage within a proposed subdivision. The applicant's master plan shall have documentation to describe the methodology intended to be used along with the preliminary plans with sufficient analyses to verify that the requirements of the city ordinances can be addressed. On-site lines. "On-site lines" are water or sewer lines within a subdivision, or water or sewer lines abutting one or more sides of a subdivision that serve only land in such subdivision. Pavement width. The "pavement width" is the portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the faces of curbs. PAGE 7 OF 117 PAGES AGENDA ITEM NO. 7.A Person. A "person" is an individual, association, firm or corporation. Plat. A "plat" shall refer to both preliminary and final plats and shall be determined by the section in which it appears. Plat, final. A "final plat" is a plat prepared by a licensed surveyor or registered engineer, bearing the same requirements as a preliminary plat, in the absence of a preliminary plat, and/or in accordance with requirements herein, which is duly acknowledged by the owners, proprietors and those that have interest in the land, or by some duly authorized agent of such owners, proprietors and interest, in the manner required for the acknowledgment of deeds or as required herein and which is to be filed for record in the office of the county clerk of the county or counties in which the land lies. Plat, minor. "Minor plat" is a final plat of four or fewer lots, and not requiring the creation of any new street, or the extension of municipal facilities. Plat, preliminary. A "preliminary plat" is a tentative drawing made by a licensed surveyor or registered engineer for inspection purposes only, showing the entire tract of land sought to be subdivided, accurately describing all of said subdivision or addition by metes and bounds, locating the same with respect to an original corner of the original survey of which it is a part and giving dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto. Public improvements. A public improvement is any water system, sewer system, or drainage system intended to be used by the public, and excepted by the Public Works Department. Public right-of-way. A "public right-of-way" is a strip of land used, or intended to be used, wholly or in part, as a public street, alley, walkway or drainage way. Residence. A building intended to be or is occupied as the dwelling place of one or more persons in which the use and management of sleeping quarters and all appliances for cooking, ventilating, heating, or lighting are under one control, and which shall include one- and two-family dwellings, apartment houses, boardinghouses and mobile/manufactured homes. Shall, may. The word "shall" is always mandatory. The word "may" is discretionary. Streets. A "street" is a public right-of-way or private access which provides vehicular access PAGE 8 OF 117 PAGES AGENDA ITEM NO. 7.A to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive, expressway, freeway, or however otherwise designated where such designation or classification may be shown on the most recent thoroughfare plan. (1) An "arterial street" is one used primarily to provide circulation to various sections of the city. (2) A "collector street" is one used primarily to provide circulation within the neighborhood, to carry traffic from minor streets to arterial streets or to carry traffic through or adjacent to commercial, industrial or high population density areas such as large apartment developments. (3) A "marginal access street" is a minor street which is parallel and adjacent to an arterial street and which is used primarily to provide access to abutting properties and protection from through traffic. (4) A local street is primarily to provide access for residential or commercial traffic. The street use discourages through-traffic where such traffic does not have origin or destination within respective residential or commercial areas. a. A "Local residential street" is a public road used primarily for access to abutting residential property. b. A"Local commercial street" is a public road used primarily for access to abutting non- residential property. Subdivision. A "subdivision" is the division of any tract of land into two or more parts. Subdivision includes resubdivision. For the purpose of this ordinance, a single lot plat shall be considered a subdivision. Surveyor. A"surveyor" is a person duly authorized under the provisions of the Texas Registered Public Surveyors Act, as heretofore or hereafter amended, to practice the profession of public surveying. Tank battery. A "tank battery" shall generally consist of multiple tanks used for the containment or storage of fuels or fuel products or by-products. A single tank may also be considered a tank battery. Thoroughfare plan. The "thoroughfare plan" is intended to address future development by reserving rights-of-way to support development, and shall be a plan adopted by the city council, and may be amended from time to time, that reflects the existing, future or functional classification of all streets, roads and highways indicated therein and the standards associated with right-of-way and paving width. PAGE 9 OF 117 PAGES AGENDA ITEM NO. 7.A Words not expressly defined herein are to be construed in accordance with customary usage in municipal planning and engineering practices. (Ordinance 20-2018 adopted 5/1/18) 3 Development Process A. Development plans shall contain all of the features required by the Planning Division and/or Department of Public Works and it shall be accompanied by the following site improvement plans bearing the seal of an engineer: 1. Sanitary sewers. Detailed engineering plans of the proposed sewer facilities as required by the standard specifications. 2. Water. Detailed engineering plans of the proposed water facilities as required by the Department of Public Works. 3. Storm drainage. If within level one, detailed engineering plans of the proposed storm drainage facilities as required by the Department of Public Works. 4. Streets, curbs and gutters. If within level one, detailed engineering plans of the proposed streets, curbs and gutters as required by the Department of Public Works. [If] within level two detailed engineering plans of the proposed streets as required by the Department of Public Works. Determination of the need for curb and gutter within level two areas shall consider the density of existing development, plans or preliminary plats considered or approved within the last five years, and other such issues. A plat that includes both level one and level two areas shall require the submission of curb and gutter requirements for the entire development, or as required herein. 3.1 General - Standards, specifications and conditions A. Staking for the proposed street construction will be provided by a competent engineer in the employment of the applicant. B. Upon completion of a street, drainage, water and/or sewer improvement as may be required, the respective governmental unit will inspect the finished work and provide the developer with a letter of approval. C. No preliminary or final plat shall be approved by the Commission and no completed site improvements shall be accepted by the respective governmental unit unless they conform to requirements herein. D. No final inspection shall be made or certificate of occupancy issued on a project unless all requirements under this regulation are installed and approved; and as defined by or under the requirements of the building permit and/or approved site plan unless approved or conditionally approved by the director of Development Services. The director of Development Services may require guarantees or commitments that PAGE 10 OF 117 PAGES AGENDA ITEM NO. 7.A development and/or improvements will occur within a specific time. E. Conformity with the city's master plans. The subdivision shall conform to the city's comprehensive plan, utility master plans, thoroughfare plan, and parks and trails master plans, or their successor documents and the standard specifications, as applicable. F. Provisions for future subdivisions. If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical future subdivisions. G. Reserve strips prohibited. There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use. H. Suitable building sites. Every lot must contain a suitable building site unless otherwise required by the city that a lot be identified for reference and legal description where such is open space, easement, or other such situation as required by the Planning Division, Department of Public Works, Department of Parks and Recreation or other administrative department of the city as applicable. I. Suitability of land use. Land shall be suited to the purpose for which it is to be used. J. Level of development requirements. Should a development be within two development levels, the most restrictive standards shall apply. 3.2 Streets. A. General requirements for streets. 1. Street layout. Adequate streets shall be provided by the applicant, the arrangement, character, extent, width, grade and location of which shall conform to the most recent thoroughfare plan or as required herein and shall be considered in their relation to existing and planned streets, to topographical conditions, to safety and convenience, and their appropriate relation to the proposed uses of the land to be served by such streets. 2. Relation to adjoining street system. Where necessary to the neighborhood pattern, existing principal streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. 3. Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided areas. Dead-end streets are prohibited. Streets projecting into unsubdivided areas shall be provided with a cul-de-sac in accordance with standards herein. The Department of Public Works may consider and authorize a temporary cul-de-sac. Such temporary cul-de-sac shall be constructed in accordance with city standards and shown on the preliminary and final PAGE 11 OF 117 PAGES AGENDA ITEM NO. 7.A plat or by separate instrument. The length of a temporary cul-de-sac shall be no longer than allowed herein. The director of public works may approve a waiver of the requirement for a temporary cul-de-sac. 4. Street jogs. Street jogs, with centerline offsets of less than 125 feet shall not be allowed. 5. Half streets. No new half streets shall be constructed unless approved by the Director of Public Works. The Director of Public Works may only approve the construction of half streets that are arterial functional classification or are four- lane divided streets. 6. Street intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography. 7. Cul-de-sacs. Cul-de-sacs shall not exceed 600 feet in length in residential areas and 900 feet in length in commercial and industrial areas and shall have a turn around right-of-way of not less than 100 feet in diameter in residential areas and not less than 200 feet in diameter in commercial and industrial areas unless otherwise allowed herein. The Planning Division, Department of Public Works and Fire Department shall evaluate the length and turn-around for each cul-de-sac by considering emergency access, density of residential, intensity of commercial, topography, sight distance, alternative access and other such issues. The above city departments shall have sole discretion to modify requirements herein in the interest of public health, safety and general welfare of the area and adjacent development and future development. 8. Access to arterial streets prohibited. Unless approved by the Directors of Development Services and Public Works, no residential subdivision shall be platted so that a residence fronts on or has direct access to an arterial street, highway, or highway frontage road. The directors may use the services of the metropolitan planning organization as necessary. 9. Main driveway opening on street. Each residential lot shall have the main driveway to the garage, carport, or off-street parking area opening on a local residential or collector street, except where the subdivision is platted to allow main driveway opening on the alley as provided herein. 10. Streets on thoroughfare plan. Where a subdivision is adjacent to a street, as shown on the most recent thoroughfare plan, such street shall be platted in the location and of the right-of-way width indicated by the thoroughfare plan. Where a subdivision connects to an existing street or road not indicated on the thoroughfare plan, such street shall be platted in the right-of-way width indicated herein. 11. Local residential streets. Local residential streets shall be laid out as to discourage their use by through traffic where such traffic does not have its origin or destination within the residential area. This shall not include proposals or needs to connect PAGE 12 OF 117 PAGES AGENDA ITEM NO. 7.A adjoining residential subdivisions. 12. New adjacent arterial streets. The applicant shall dedicate right-of-way sufficient in width to meet the requirements of the thoroughfare plan or as required herein. 13. Adjacent existing streets or half streets. Where the proposed subdivision abuts upon an existing dedicated street or half street that does not conform to the thoroughfare plan or requirements herein, the applicant shall dedicate right-of-way sufficient to make the full right- of-way width conform to the requirements of the most recent thoroughfare plan or as required herein. 14. Single lot subdivision. All required right-of-way dedication shall also apply to plats wherein a parcel is platted or replatted as a single lot and as required herein. 15. Street names. New streets shall be named in accordance with provisions of the Code of Ordinances and approved by the Planning Division. B. Design standards for streets. 1. Street design shall be in accordance to the street standards developed by the Department of Public Works as approved by City Council. 2. Curb and gutter in accordance with city standards shall be required on all streets within level one unless exempted under section 94-100 of this Code. The Department of Public Works shall evaluate and may amend the need for curbs and gutters by evaluating the ownership of the roadway, plans for widening the roadway or other situations that may exist where the installation of curbs and gutters does not serve the public purpose. Curb and gutter may not be required by the Department of Public Works within a level two area. The creation of a multiple-lot subdivision or the creation of a new street may require curbs and gutters. 3. Curbs and gutters shall be installed by the applicant on both sides of all interior streets and on the subdivision side of all streets forming part of the boundary of the subdivision. An exception to boundary street dedication and paving may exist where the other side of the street is developed and/or improved and shall consider alignments and other identifiable factors, under which case there may be required a dedication and paving on one or both sides of the street. Curbs and gutters shall be constructed to city specifications. All streets shall be paved by applicant to city specifications. 4. Curb cut and driveway widths shall be in accordance with Appendix B of the Code of Ordinances. Upon approval by an authorized official of the state Department of Transportation, a 45-foot wide driveway width may be allowed on state-designated highways and frontage roads. 5. Right-of-way and pavement widths shall be in accordance with the following: a. Right-of-way and paving width shall be in accordance with the thoroughfare plan. PAGE 13 OF 117 PAGES AGENDA ITEM NO. 7.A b. Unless otherwise required or approved by the Department of Public Works, existing or proposed streets or roads within level one and level two areas not addressed in the thoroughfare plan or under other plans, shall be provided meeting city standards. If it is a state road or highway, the right-of-way and paving requirements shall be in accordance with state specifications, or where no standards or requirements exists, the minimum right-of-way requirement shall be the greater of 60 feet or as required by the county. Additional right-of-way and paving width may be required as determined by long range plans, density or intensity of development, historical traffic conditions and counts, and other appropriate factors. c. The minimum right-of-way width and paving width, if the street is not indicated on the thoroughfare plan, shall be as required on the thoroughfare plan for the type and function of the street proposed unless additional width is required along state or county roads. d. The Planning Division and Department of Public Works shall be responsible for approving the street classification and/or type by considering the type, nature, density or intensity of proposed or future land uses related to or affecting the street. Local streets that serve, propose to serve, or may serve 150 or more dwellings shall be required to be upgraded to a minor collector under standards of the thoroughfare plan. Density calculations for local streets in adjacent or neighboring residentially zoned areas shall be based on 3.5 dwellings units per acre. In evaluating the street classification, consideration shall be given to other access. e. In designing developments, the developer shall comply with the Pavement Design Manual (known in this article as the "manual"), promulgated by the city's Department of Public Works, which shall contain written policies, standards, technical design criteria, procedures, methodology, details and regulations related to determination, design, review, and approval of pavement facilities as necessary to implement and comply with the provisions of this article. The manual shall be the governing document for all design activities related to compliance with this article. Although the intent of this manual is to establish uniform design practices, it neither replaces the need for sound engineering judgment nor precludes the use of information not presented. Other accepted engineering procedures may be used to determine design criteria with prior approval of the Director of Public Works or designee. 3.2 Street Medians. 1. Definitions. a. Medians: a strip of land, whether raised or flush, between the lanes of opposing traffic on a divided street. 2. Generally. a. Raised medians shall not be allowed except when required by the thoroughfare plan or other government agency. PAGE 14 OF 117 PAGES AGENDA ITEM NO. 7.A b. Any required raised median shall be made of solid material that requires no routine maintenance nor designed to contain vegetation including, but not limited to grass, shrubs, or trees. c. Flush medians shall have the surrounding pavement structure extended across the entire median. The flush median shall be delineated with approved pavement markings. d. Director of Public Works or designee may approve a variance to the items above where circumstances allow. C. Access management. 1. Curb cuts on state-designated or state-controlled streets, roads or highways shall receive first approval by the state Department of Transportation. Additional approval by the Planning Division and/or Department of Public Works will consider sight visibility in relation to the posted speed of the road, street or highway, topography, roadway design and distance between curb cuts in accordance with accepted standards. 2. The distance between curb cuts on arterial streets and state-owned streets and roads shall be governed by the nature and type of land use, existing or potential for conflicts, speed and condition of the roadway, location and spacing of traffic signals, the ability for alternative access, the intended function of the roadway, and existing land uses. 3. As feasibly possible, marginal access streets or access easements shall be used for all commercial development to allow access to all properties or uses without the need to access these individually from a public street. 4. The city, county and/or state may require the closing or partial closing of any curb cut or drive opening where such creates or has the potential to create a hazardous condition. Should the opening be closed, the property owner shall provide a curb and remove the drive approach. An alternative to the removal of a drive approach may be considered by the installation of an approved barricade, generally only where affected roads or streets carry 300 ADT or less. 5. Chapter 6200, exhibit B of Appendix B, Zoning Ordinance of the Code of Ordinances, shall be considered as a guideline used to calculate the distance requirements between curb cuts and intersections. The Planning Division and Department of Public Works shall have final authority to modify conditions therein in the interest of public safety and as intended herein. 6. Section 102-40, visibility sight triangles, of the Code of Ordinances shall be considered a guide to sight visibility requirements. The Planning Division and Department of Public Works may amend requirements therein in the interest of public safety, and in consideration with the above situations, and may require the PAGE 15 OF 117 PAGES AGENDA ITEM NO. 7.A installation of acceleration/deceleration lanes, modifications or installation of medians and turning bays, and other situations that will enhance public safety. D. Subdivision access. 1. All residential subdivisions shall have safe and reliable street access for daily use and emergency purposes. a. All preliminary plats showing 80 or more lots must be designed to show a minimum of two means of access to an existing collector or higher classification street as indicated on the Thoroughfare Plan. b. Upon final platting of 80 or more lots within a proposed subdivision or section of a subdivision, a separate connection/access point providing secondary access to an existing collector or higher classification street must be dedicated, installed, and completed according to the provisions referenced in Appendix D. of the fire code and Section 6.2 of Appendix A - Subdivision and development regulations. 3.3 Easements. A. A developer or property owner may provide or be required to provide utility easements in accordance with the following requirements: 1. Utility easements shall be provided at the front and/or rear of all lots or as required by the Department of Public Works or utility company. 2. Utility easements shall be centered on or adjacent to a common property line of two abutting lots and shall be continuous for the entire length of the block as required by the Department of Public Works or utility company. Unless otherwise permitted by the Director of Public Works, a developer or property owner shall provide utility easements in accordance with the following minimum width standards: • 10 feet when adjacent to a street right-of-way. • 10 feet when occupied by a non-city public utility and not containing or intending to contain city utilities. • 15 feet when occupied by a city utility up to 12 inches in diameter, running between common lot lines with public right of way at end for access and not exceeding [two] lots in length. • 20 feet when occupied by a city utility up to 36 inches in diameter. • 30 feet when occupied by a city utility greater than 36 inches in diameter. • 15 feet when occupied by a city utility when placed at the boundary of a development adjacent to unowned property. This requirement may be reduced to [ten] feet if the developer or property owner is able to secure [ten] feet of utility easement from the PAGE 16 OF 117 PAGES AGENDA ITEM NO. 7.A adjacent unowned property. • Additionally, if the existing utility is constructed of any material other than PVC or a material approved by the Director of Public Works, the easement shall be an additional five feet wide when a line is buried more than seven feet in depth. The easement shall be an additional ten feet wide when a line is buried more than [12] feet in depth. The easement shall be an additional [15]feet wide when a line is buried more than [20] feet in depth. 3. Utility easements shall be approximately parallel to the frontage of the street or as required by the Department of Public Works or [the] utility company. 4. No permanent or temporary encroachments shall be located within any easement, except fences may be placed along property lines, driveways and parking lots for ingress and egress, and sidewalks required in the City of Wichita Falls Code of Ordinances. The city may allow permanent or temporary encroachments with an encroachment agreement at the discretion of the Property Management Administrator in agreement with the Director of Development Services and Director of Public Works. 5. Lift stations shall be placed in utility easements, and must provide a five-foot clear space around all sides between the equipment and the fence, as well as a 15-foot access easement with a six-inch thick and 12-foot wide flexible base access road provided from an adjacent street to grant direct access to the pumps. 6. Any pre-existing encroachment that does not have an encroachment agreement shall obtain agreement upon notice by the city or remove said encroachment. B. Maintenance of easements shall be the responsibility of the owner of the land upon which it is located. C. Normal curb and gutter shall be required where utility easements intersect streets. D. Where utility easements are not themselves straight within each block, or if the same do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way of alleys. E. The property owner shall be required to identify buried, aerial or above-ground pipelines or other buried, aerial or above-ground utility, and if such is not within an easement recorded for record shall contact the utility owner and dedicate or have dedicated such an easement and recorded and filed on a plat or separate instrument as required by the governmental unit. F. Access easements. Access easements, where allowed, shall be in accordance with the following: PAGE 17 OF 117 PAGES AGENDA ITEM NO. 7.A 1. Residential: Access easements, where permitted, serving single-family or duplex dwellings, shall have a minimum width of 20 feet as measured from property line(s), and a minimum unobstructed paving width of nine feet. 2. Commercial: Access easements, where permitted, shall have a minimum, unobstructed paved width of 12 feet. Additional easement width may be necessary for utilities, drainage, etc. If more than one commercial lot or use is being accessed, there shall be no use of an access easement to provide primary access. The minimum width shall be 60 feet, measured from property line(s) with a minimum unobstructed paving width of 36 feet, or as required by the city. The Planning Division may consider or require an exception to this provision based on the type of development proposed. 3. All access easements shall be approved by the Planning Division and/or Department of Public Works. 4. All drive surfaces shall be hard-surfaced with Hot Mix Asphaltic Concrete (HMAC) or concrete suitable for continued use by vehicles of the type intended. The Department of Public Works may require details of paving sections, and modifications thereof, prior to plan or permit approval to ensure function and longevity for the intended use. Proposed alternatives to address the intent of this provision shall be considered on a case-by-case basis. 5. No access easement shall provide ingress or egress to or from an arterial street or highway unless approved by the Planning Division and/or Department of Public Works as part of a nonresidential development where the easement is intended to serve multiple land uses. 6. Access easements shall be maintained by the property owner(s). Should the access easement fall into disrepair and pose a hazard or undesirable situation, as determined by the Planning Division and/or Department of Public Works, the responsible property owner(s) shall be provided with written notice that such shall be repaired within a time period agreed to by the governmental unit. Failure to repair shall subject all affected property owners to provisions of section 12. 7. All required paved driving surfaces shall be kept clear of all obstacles including, but not limited to dumpsters, utility poles, personal property and other such situations. G. Other easements. 1. Should, through a plan for a planned unit development under Appendix B of the Code of Ordinances, or described under other plans, there be defined a trail system, paths, ponds, lakes, drainage easements or other such easement or open space not directly related to a physical utility, there shall be dedicated such on a final plat or separate instrument. 2. Should paving, sidewalk, grading, landscaping or other improvement be required with PAGE 18 OF 117 PAGES AGENDA ITEM NO. 7.A an easement or open space, such shall be installed at time of platting or the amount placed in escrow with the city to cover all costs according to provisions herein. 3. Responsibility for maintenance of the easement(s) or open space shall be the responsibility of the property owner unless otherwise accepted by the responsible governmental unit. H. Drainage easements. 1. Drainage easements shall be provided where required by the Department of Public Works. 2. The width and location of such drainage easements shall be in accordance with the current city stormwater design criteria. 3. No structures shall be placed in a drainage easement. These include but are not limited to fences, portable buildings, permanent structures, etc. In addition no vegetation shall be installed in this easement other than what has been approved by the Department of Public Works. 4. Encroachments existing on April 1, 2008, may be allowed to remain if the director of public works determines the encroachment will not constrict the flow of stormwater. 5. All stormwater detention facilities shall require the dedication of a drainage easement in accordance with chapter 106, article VIII, Stormwater Management of this Code. 6. Drainage easements shall be solely for the conveyance of stormwater and the placement of city owned utilities. Drainage easements shall not be combined with non-city utility easements and/or access easements without the approval of the Director of Public Works. 7. Drainage easements shall be a minimum width of 15 feet when on the common lot line between two properties to convey stormwater in a concrete flume or pipe up to 36 inches in diameter with 20 feet minimum width for a pipe greater than 36 inches. 8. The Director of Public Works shall have the discretion to determine the level of maintenance necessary for drainage easements and may elect to maintain any easements in their natural condition. 3.5 Water. A. All subdivisions shall be provided by the applicant with water supply and water distribution systems approved by the Department of Public Works and/or Health Department. B. Fire hydrants, in accordance with city standards, shall be installed as part of the water distribution system by the applicant so that every lot is within 500 feet of a fire hydrant or as required by the Texas Insurance Commission. PAGE 19 OF 117 PAGES AGENDA ITEM NO. 7.A C. Extension of water lines shall be in accordance with chapter 106, article VI, Extensions, of the Code of Ordinances. The minimum size line required for water line extensions shall be eight inches unless approved by the city engineer. Water line extensions shall conform to the size shown in the city master water plan. Water line extensions shall be looped to eliminate dead ends unless approved otherwise. 3.6 Sewer. A. All subdivisions shall be provided by the applicant with an approved sewage disposal system. B. Connection with the sanitary sewer system shall be required except where the Department of Public Works determines that such connection will require unreasonable expenditure when compared with other methods of sewage disposal. Where on-site sewer systems are installed, the design for the system will be in accordance with requirements of the Texas Commission on Environmental Quality (TCEQ). If the applicant proposes to install a sanitary sewer disposal system, the plans for such a system must be approved in accordance with standards and requirements of the Health Department and TCEQ prior to approval of the final plat by the Commission. Unless otherwise advised, the City of Wichita Falls/Wichita County Health Department is the authorized TCEQ representative. C. Extension of sanitary sewer lines shall be in accordance with chapter 106, article VI, Extensions, of the Code of Ordinances. The minimum size line required for sewer line extensions shall be eight inches unless approved by the city engineer. 3.7 Utility lines. A. All city owned sanitary sewer and water utilities shall be placed in the street right- of-way. For any previously approved applicant master plan, when economically feasible, provisions shall be made to transition from the rear of lots to the street right of way for future extensions. Utility transition routing shall be coordinated with Public Works. B. All utility lines that pass under a street or alley shall be installed before the street or alley is paved. When it is necessary that utility lines pass under pavement, they shall be installed to a point at least three feet beyond the edge of the pavement. An exception to this requirement exists where underground construction technology (e.g., boring) is used at the utility company's or contractor's option. All necessary utilities shall be installed before building permits and/or certificates of occupancy are issued for work within the subdivision. C. All telephone, telecommunication, cable television and electrical utility lateral and service lines shall be placed underground throughout new subdivisions for which final plats are approved subsequent to the effective date of this subsection subject to the following conditions: 1. All electrical transmission lines, meaning those electrical lines operated at nominal voltages of 60,000 volts or higher, may be placed overhead. PAGE 20 OF 117 PAGES AGENDA ITEM NO. 7.A 2. Any electrical feeder lines, meaning those electrical lines that emanate from substations to distribute power throughout an area, may be placed overhead. 3. Where electrical service is to be placed underground, electrical service for street or site lighting shall also be placed underground except for the lighting standards. 4. Temporary electrical service during construction may be provided by overhead utility lines and facilities prior to activation of the underground service. Following activation of the underground permanent service, the temporary overhead electrical service shall be removed as soon as possible. 5. The electrical utility company may plan and construct overhead lines on perimeters of subdivisions or property. Telephone and cable television lines may be constructed overhead where overhead electric utility lines are permitted. 6. Each of the utility companies shall be responsible for developing administrative policies and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the owner or developer in accordance with the provisions of such utility's approved tariff. No utility company shall be required to begin construction of underground facilities unless and until the owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities. No plat shall be approved without a certification by all electric, telephone and cable television companies that such satisfactory arrangements have been made being affixed to the plat. The city shall not be responsible for any portion of such cost unless the city determines that the owner, developer or consumer should not pay such difference in cost and the city refuses to grant an exception allowing overhead construction. 7. All electrical, cable television, telecommunication, and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installation shall be pad mounted or placed underground and the difference in cost of such facilities shall be paid to the installing utility company in accordance with provisions established under paragraph 6 [of this section]. 8. Nothing herein shall be construed to require a utility to install underground facilities or any facilities other than standard overhead facilities, unless the increased cost associated with the underground or other non-standard facilities has been paid to the utility by the developer or the city prior to construction. 9. Nothing contained herein shall be construed to require any existing overhead facilities to be placed underground or to prohibit the upgrading, reconstruction, relocation, or reconductoring of any existing overhead facilities with overhead construction. PAGE 21 OF 117 PAGES AGENDA ITEM NO. 7.A 10. Nothing contained herein shall be construed to alter the intent of any utility Franchise Agreement Ordinance in effect on the effective date of this section. 3.8 Surveying standards. All surveys performed in connection with these regulations shall be performed by a registered professional surveyor in good standing licensed by the state. All surveys shall meet the minimum standards of professional practice promulgated by the state board of professional land surveying. 3.9 Drainage. A. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse, plus additional width to accommodate future needs as determined by the Department of Public Works. B. Drainage facilities shall be provided and constructed by the applicant in accordance with chapter 106, article VIII, Stormwater Management, of the Code of Ordinances, and as required by the Department of Public Works and any other ordinance adopted by City Council. 3.10 Lots and setbacks. A. All lots shall have access to, and front on a public street unless otherwise approved as required herein. Lots designated for stormwater detention shall not be required to front on a public street, but shall be accessed by approved easements. Once so shown and described on a final plat, such lot shall not thereafter be used for other than as intended unless approved by the Planning Division and Department of Public Works. Lots separated from a street right-of-way by strip of land owned by: 1. A utility, used for the sole purpose of providing utilities; 2. A pipeline company, used for the sole purpose of transporting liquids; or 3. A railroad company, used for the sole purpose of transport; shall not be required to front on a public street, provided that a permanent easement is obtained from the aforesaid utility company, pipeline company or railroad company, providing for vehicular access between the lots and the public street. B. Unless otherwise required herein, or allowed under Appendix B of the Code of Ordinances, minimum width at the building limit line of 50 feet as measured along the building limit line or within 25 feet of the right-of-way line, whichever is closer. C. The area of a lot for the purposes of compliance with this regulation shall be the net horizontal area within the lot boundary lines and shall exclude any street or alley rights-of-way, but shall include easements. D. If a portion of a legally existing lot is acquired for public use in any manner including PAGE 22 OF 117 PAGES AGENDA ITEM NO. 7.A dedication, condemnation, or purchase, the remainder of such lot shall be considered as complying with the requirements of these regulations. E. Lot width shall be measured between the side lot lines along the minimum required front setback line, or the front lot line if no front setback is required. F. Setbacks shown herein shall apply within the city's extraterritorial jurisdiction in the absence of county requirements. Setbacks within the city limits shall be governed by Appendix B, Zoning, of the Code of Ordinances. G. Setbacks within level one: Front setback: 25-foot minimum. Interior side setback: Five-foot minimum. Exterior side setback: 15 feet for single-family or duplex residential use. 25 feet for uses other than single-family or duplex use. Rear setback: 1. For single-family or duplex dwellings, five-foot minimum from common lot line or one-foot minimum from alley. 2. For all other uses, five-foot minimum. In no case shall the roof overhang extend over the property line. 3. If a lot has double frontage, 25 feet. H. Setbacks within level two: Front setback: 100-foot minimum from a U.S.-designated roadway or interstate highway. 50-foot minimum from a state road. 40-foot minimum from other road. Interior side setback: Five-foot minimum. Exterior side setback: 15 feet for single-family or duplex residential use. 25 feet for uses other than single-family or duplex use. Rear setback: PAGE 23 OF 117 PAGES AGENDA ITEM NO. 7.A 1. For single-family or duplex dwellings, five-foot minimum from common lot line or one foot minimum from alley. 2. For all other uses, five-foot minimum. However, in no case shall the roof overhang extend over the property line. 3. If a lot has double frontage, 25 feet. I. Should the project cross county lines or level of development, the most restrictive standards between the city and county shall apply to the entire development within the city's extraterritorial jurisdiction. J. All setbacks shall be measured from the edge of an existing right-of-way or following any required dedication. K. A required setback shall be measured parallel to and for the entire length of the lot line on the side of the lot for which the setback is being measured. No building or structure shall be located, erected, or altered so as to have a smaller setback than the minimum setback required herein. The area between the setback and the lot line on the side of the lot for which the setback is being measured, shall be known as the setback area. L. A required setback area shall be kept free of any building or structure higher than two feet. 3.11 Erosion control.Reserved. 3.12 Regulations related to airport proximity. All development and improvements within the city limits and within levels one and two, and those areas located outside of level two where such regulation is required in the interest of public health, safety and general welfare of north central Texas, shall be subject to standards and regulations contained under Chapter 6400, Airport Zoning Regulations, of Appendix B, Zoning Ordinance of the Code of Ordinances and as authorized under the Airport Zoning Act, Texas Local Government Code ch. 241. 3.13 Request for easement, license, or abandonment of city property interest. A. An owner of abutting property underlying an easement held by the city may request that the city abandon all or a portion of said easement. B. An owner of property abutting city property or right-of-way may request that the city license the use of city property or right-of-way or execute an easement for an encroachment on city property or right-of-way. C. A request for such abandonment, license, or easement will be filed in writing with the property management division of the city's Department of Development Services and be accompanied by a fee the greater of [a fee established by separate ordinance] or the value of the requested property interest, with said property interest value to be determined by the city's property administrator. The city's property administrator may waive the aforementioned fee upon a determination that: PAGE 24 OF 117 PAGES AGENDA ITEM NO. 7.A (1) The requested right or abandonment is of de minimis value and requires minimal staff time to research and define; or (2) The requested right or abandonment is in exchange for a property interest of similar or greater value. D. If the city's property administrator determines that a survey or appraisal is necessary to determine the size or nature of the property or its value, the requesting owner shall pay for the cost of said survey or appraisal or provide same. E. If the city manager determines that the city's interests are sufficiently protected by the proposed abandonment, license, or easement and that the execution of said document is in the interest of the city, then the city manager may execute all documents necessary to allow the underlying or abutting property owner to utilize the requested interest in the property. F. This section authorizes actions that are within the discretion of city staff with respect to property interests owned by the city. This section does not reduce the right of the city council to authorize or abandon a city interest in property. This section is not adopted pursuant to Chapter 211 of the Texas Local Government Code. A decision of an official pursuant to this section is not appealable pursuant to sections 8 or 9 of this appendix to the board of adjustment. 3.14 Parks. A. All applicants shall be required to set aside land for park purposes under conditions set out in subsection B of this section when the master park plan of the city shows a park is required in the area to be subdivided and the applicant shall show such land set aside in compliance with this section on the master plat or preliminary plat. All areas set aside for park purposes shall conform to the master park plan as to general location, area and type of development. The parks and recreation department should be consulted when developing the master plat so that few revisions will be necessary later. B. The city shall be granted an option to purchase the land so set aside for park purposes upon the following terms. If at the end of one year from the date of approval by the Commission of the master plat or preliminary plat if there is no master plat, the total area covered by said plat has been at least 50 10 percent developed, then and in that event the city shall be required to exercise its option within 30 days thereafter or release the same to the applicant with the purchase price to be computed as set out in subsection C of this section. If at the end of one year there has not been a 50 10 percent development, then and in that event the option shall continue in full force and effect until said total area has been at least 50 10 percent developed with the city then required to exercise or release its option as set out above. C. The price to be paid by the city for the land set aside for park purposes shall be based on the fair market value of the raw land as of the date the master or preliminary PAGE 25 OF 117 PAGES AGENDA ITEM NO. 7.A plat is first filed with the board, plus the pro rata part of all development cost attributable to the park land so purchased, including abutting streets and utilities necessary to serve the park land. D. All applicants shall also submit on the master plat an indication showing how the park area is to be developed in the event the city is unable to purchase the property or rejects it because of other reasons. E. All areas reserved for park land shall conform to the city master park plan as to general location, area and type of development. The city shall have the right to accept or reject park land proposals as shown on the developer's master plat, at such time as the master plat is brought before the Commission for approval. The one year option period, which the city has to buy the land, shall begin with the Commission's approval of the developer's master plat. § 4 Platting process and conditions. 4.1 General. A. Whenever an applicant desires to create a subdivision within the city or its extraterritorial jurisdiction, he shall plat the property, construct the required site improvements, and meet all of the other requirements of this ordinance at the applicant's expense. B. No subdivision of land shall occur as to make or create a situation as to make any part of the resulting tract, parcel or lot nonconforming or without access. C. No preliminary plat shall be submitted concurrently with a final plat. This may be waived on agreement by the Director of Development Services and the Director of Public Works. D. A presubmittal meeting with city staff shall be required when a proposed subdivision is more than five lots. 4.2 Plat required. A. Whenever the owner(s) of platted lot(s) within the city or its extraterritorial jurisdiction proposes to construct or has constructed a structure that crosses a lot line or has violated setback requirements, such owner shall replat the lots in accordance with this ordinance. B. Whenever the owner of a tract of land, within the city or its extraterritorial jurisdiction, which has not been platted proposes to sell such tract in part, to obtain a site plan for said tract pursuant to Appendix B of this Code, or to construct or expand any building or other structure thereon, or to connect said tract with any water or wastewater utility, he shall plat such tract in accordance with this ordinance. Even though he plats such tract in whole or in part as a single lot, he shall be required to dedicate the required boundary street right-of-way for the entire original tract as it PAGE 26 OF 117 PAGES AGENDA ITEM NO. 7.A exists prior to the plat, and comply with all other applicable requirements of this ordinance if shown on the thoroughfare plan, in the metropolitan transportation plan or as required by the county. Provided, however, the owner will not have to plat the tract if such tract was subdivided from a larger tract no later than December 31, 1927. However, if the tract was subdivided from a larger tract on or after September 28,1964, the larger tract must be platted to show the smaller tract as a lot therein. Under the above condition, the dedication of right-of-way along a remaining unplatted tract or parcel, where the original parcel, tract or lot was unplatted, will not require the platting of the remainder of the tract or parcel if there is no provision of municipal or other services required for the remaining tract. 4.3 Sequence of approval. Unless otherwise provided for by this ordinance, an application for plat approval shall not be considered filed until: A. Development plans are on file and approved by the Director of Public Works or designee; and, B. A preliminary plat of such property has been approved or conditionally approved by the Commission and all conditions or preliminary plat approval have been satisfied and approved by the Planning Department or via submittal of a final plat; and, C. All public improvements required pursuant to this section have been constructed by the applicant and approved by the city, or secured by the applicant through an approved financing mechanism (i.e. irrevocable letter of credit) in an amount approved by the Director of Public Works. If desired by the applicant, a final plat may constitute only that portion of the approved preliminary plat proposed to be recorded and developed, provided such portion conforms to all requirements of this section and that the phases of development are indicated. 4.4 Platting assistance. Prior to the official submittal of a preliminary plat of more than five lots, the applicant shall meet, consult with and present a proposed plan of subdivision to the Planning Division and Public Works for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land, and who may use the services of other city departments as required. 4.5 Fees. At the time an applicant applies for approval of a preliminary plat or final plat or replat, he shall pay to the city, through the Planning Division, a fee to cover the costs of reviewing and processing the plat as provided below. The area for revised preliminary plats shall be determined by the area changed from the previous submission. This fee shall be in addition to other fees required by the city. Fees shall be established as provided in the development fee ordinance adopted by the city council, which may from time to time adjust and revise the fees established, without amending this section. 4.6 Exceptions to platting or fees. PAGE 27 OF 117 PAGES AGENDA ITEM NO. 7.A A. The following types of plats are specifically exempt from the payment of fees: 1. Plats submitted by the city or any of its departments. 2. Plats submitted by any governmental or educational agency. 3. Plats submitted to correct minor drafting errors in recorded plats. 4. Plats filed for the purpose of dedicating land to the city in which no other subdivision of land is shown. 5. Replats occasioned by governmental action. B. The following situations are exempt from platting requirements: 1. Remodeling an existing structure without adding to the floor area. 2. Adding additional floor area or constructing accessory structures to an existing single-family or duplex residential use, when such addition or construction is less than 50 percent of the existing floor area and does not encroach over a utility line or easement and/or does not exceed a value equal to or greater than 50 percent of the tax appraised value of the improvement immediately prior [to] construction. 3. Divisions of land where all resulting tracts are (a) 5.00 acres or greater, and (b) each part has access, and (c) no public improvements, including water service, are required or being provided, and (d) no dedication of right-of-way. 4.7 Submission requirements. A. The applicant or his engineer or surveyor shall submit to the Planning Division: 1. A complete application; 2. Support documents including but not limited to separate instruments, deeds, easements, or other agreements; 3. Four black line copies of the plat; 4. A legible-after-reproduction 8Y4-inch [by] 11-inch copy of the plat that includes all information contained on the full-size plat, with the exception of field notes, metes and bounds descriptions, and signature blocks; 5. A legible 8%-inch by 11-inch or 11-inch by 17-inch electronic version of the plat including all information contained on the full-size plat in a format required by the Planning Division or Department of Public Works; and 6. A fee for reviewing and processing as prescribed by the department. B. Following approval of a final plat by the city, a digital copy of the plat in a format PAGE 28 OF 117 PAGES AGENDA ITEM NO. 7.A required by the Planning Division and/or Department of Public Works shall be submitted with all corrections as required. If streets are proposed to be constructed in lieu of an escrow, a copy of the plat prior to filing will be required showing angle, bearings, distances, etc. C. All plats must be received at least 28 days prior to the Commission meeting, or as determined by the posted schedule provided by the Planning Division at which they are to be considered for approval. D. The plat shall be drawn on sheets 22 [inches] by 34 inches with a minimum three- quarter-inch binding margin on the left side of the sheet and one-quarter-inch margins on the other three sides. An alternative size may be considered by the Planning Division and/or Department of Public Works if legible in all respects and is compatible with archival requirements of the city. E. The plat shall be drawn to a scale of 100 feet to one inch. Other scales may be considered by the Planning Division and/or Department of Public Works if legible in all respects and is compatible with archival requirements of the city. The Planning Division and/or Department of Public Works may require a reduced scale. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. F. Plats shall be signed and sealed by a registered state of Texas land surveyor in accordance with Texas state law. 4.8 Plat processing. A. A plat shall be considered "filed" if and when the application is certified complete by the Planning Department after having reviewed that all applications, fees, and documents have been submitted in accordance with this section, and such documents are sufficiently accurate and appropriate to the specific area proposed under the final plat application. B. The Planning Division, Department of Public Works, Department of Parks and Recreation, Health Department, Fire Department, Traffic Division and others whose purview is sought shall check the plat as to its conformity with any plans, standards, and specifications set forth herein or referred to herein. C. A copy of the plat shall be submitted by the Planning Division to various public, quasi- public or private entities that may have a real, tangible or service interest in the property, as approved by the city, to determine conformity with the standards and specifications for their interest. D. The various entities shall return comments to the Planning Division with their recommendations or requirements as to modifications, additions or alterations of such plat if any. E. The Planning Division shall provide the applicant written recommendations, PAGE 29 OF 117 PAGES AGENDA ITEM NO. 7.A requirements, requested modifications, additions, or alterations of such plat if any. The applicant shall revise the plat and return the plats to the Planning Division for final review and prior to the Commission meeting. F. All requirements and city recommendations will be presented to the Commission for their review and consideration at a scheduled meeting. These comments shall be considered part of the process required for approval unless the Commission acts to modify or remove such requirement unless prohibited from doing so. The Planning Division and/or Department of Public Works may authorize or require minor amendments to the plat to conform to the provisions of this section. G. The Commission shall determine whether the lands are suitable for platting. The services of any department of the city may be utilized to this end. Land subject to flood or deemed to be topographically unsuitable because of relief, drainage, soil character or other conditions shall not be platted for any use which may increase the danger to health, life or property or aggravate erosion or flood hazard. H. Within 30 days after the plat is formally filed, the Commission shall approve or disapprove such plat. § 5Preliminary plat. 5.1 General. Whenever an applicant desires to make a subdivision he shall cause to be prepared a preliminary plat by a surveyor or engineer and, when required, site plans and declarations in accordance with this ordinance, and the Code of Ordinances as applicable. 5.2 Changes to preliminary plats. If, after approval of a preliminary plat, changes thereto are required or desired, a revised preliminary plat shall be submitted following the same procedures as required for the original preliminary plat. 5.3 Documentation required. A. Completed preliminary plat application; B. Applicant master plans approved by the City Engineer, in writing, when the development is more than five lots, or as required; and, C. Any recorded separate instrument documents for any easements, agreements, right- of-way, or deed that traverses the property or as requested by the Property Management Division or Public Works Department. 5.4 Plat content.The plat shall show the following: A. Names and addresses and phone numbers of record owner(s), engineers and surveyor. B. Proposed name of the subdivision that shall not have the same spelling as or be pronounced similar to the name of any other recorded subdivision located within the PAGE 30 OF 117 PAGES AGENDA ITEM NO. 7.A city or within its extraterritorial jurisdiction. The name shall appear at the top of the drawing and shall be the largest lettering on the plat. C. Names of adjacent subdivisions and the owners of adjoining parcels of unsubdivided land, and an indication of whether or not adjacent properties are platted. D. Legal description of the subdivision by metes and bounds. E. Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred. F. Subdivision boundary lines indicated by heavy lines and the computed acreage. G. Existing sites as follows: 1. The location, name, description, and purpose of all existing or recorded streets, alleys, reservations, easements or other rights-of-way within the subdivision, intersecting or adjacent to its boundary or forming such boundary. Areas previously dedicated and shown on the plat shall be described by volume and page or document number if on file in official county records and have a statement shown in the affected area stating that it has been previously dedicated. 2. The location, dimensions, description, name, and purpose of all existing or recorded lots, easements and types, parks, public areas, permanent structures and other sites within or adjacent to the subdivision. 3. The location, sizes, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or adjoining tracts. In the event any portion of the subdivision lies within or abuts an officially designated floodplain and/or floodway, the delineation of such floodplain and/or floodway shall be clearly shown on all plats submitted for approval. 4. The location of existing structures if necessary to verify that a nonconforming situation has not been or will not be created. 5. All existing features, including, but not limited to, easements, transmission lines, etc., shall be shown by dashed lines. H. The location, dimensions and description of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, lots and other sites and all rights-of-way and other public areas dedicated shall state within that area that the property is "proposed to be dedicated." The described shall also be in accordance with the city's adopted Comprehensive Plan, master thoroughfare plan, master utility plans, parks and trails master plan, or their successor documents. I. Date of preparation, written and graphic scales of plat, and north arrow. PAGE 31 OF 117 PAGES AGENDA ITEM NO. 7.A J. Topographical information shall include contour lines on two vertical feet intervals. K. A number to identify each lot or site. Block numbers may be used. The Planning Division shall determine the applicability and the requirements for meeting this provision. L. Front building setback lines on all lots and sites and side yard building setback lines at street intersections. M. Location of city limits line and the outer border of the city's extraterritorial jurisdiction if they traverse the subdivision, form part of the boundary of the subdivision or are adjacent to such boundary. N. The location of any noise contour line, approach/departure clearance surface, inner or outer horizontal surface, conical or transitional surface or other such surfaces as required by the Planning Division and as applicable for Sheppard Air Force Base and/or Kickapoo Downtown Airport. O. A vicinity map that shows the location of the project that shall show arterials and/or highways in the vicinity for reference. 5.5 Preliminary plat approval. A. Approval of a preliminary plat by the Commission shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Approval of a preliminary plat shall not constitute automatic approval of the final plat. The plat shall accurately locate all elements as required herein. The accuracy of such information shall be the responsibility of the property owner and/or his agent. B. Approval of a preliminary plat shall be effective for two years. C. If no development has occurred which would affect the previously approved plat, prior to the end of the two years of effective approval, the Commission may, upon application of the, applicant extend the approval another two-year period without the submission of a new preliminary plat by voting an approval of the original preliminary plat. D. A preliminary plat shall be revised if there are discovered to be constraints to the development as proposed on the preliminary plat. Should such constraints or obstacles be found, the Planning Division and/or Department of Public Works shall require the submission of an amended preliminary plat that recognizes, mitigates or otherwise allows for the effects of the constraint or obstacle as approved by the Planning Division and/or Department of Public Works. § 6 Final plat. 6.1 General. Whenever an applicant desires to make a subdivision he shall cause to be PAGE 32 OF 117 PAGES AGENDA ITEM NO. 7.A prepared a final plat by a surveyor or engineer, appropriate site improvement plans, and complete the certificates prescribed in this section. If desired by the applicant, and following approval by the Planning Division and Department of Public Works, the final plat may consist of only that portion of the approved preliminary plat that he proposes to record at that time. However, such portion shall conform to all of the requirements of this section. A plat shall not be considered approved by the Commission unless it complies with all requirements herein. 6.2 Documentation required. A. Completed final plat application; B. Any recorded separate instrument documents for any easements, agreements, right- of-way, or deed that traverses the property or as requested by the Property Management Division or Public Works Department. 6.3 Plat requirements. A. The final plat and the accompanying site improvement data shall be approved by the Director of Public Works. B. Street dedications within level two, and those areas within level one shall be made to the county in which the street is proposed. The width of the required dedication shall be the greater width between the city and county requirements. C. All lots shall be served by water, sewer, and public streets unless otherwise approved by the Director of Public Works. D. Final plats that require a preliminary plat shall not be considered until there is an approved preliminary plat. 6.4 Plat content. A. In addition to the requirements for the preliminary plat, the final plat shall also include the following: 1. The exact location, dimensions, name, description, and purpose of all existing or recorded streets, alleys, reservations, easements or other rights-of-way within the subdivision, intersecting or adjacent to its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate. Areas previously dedicated and shown on the plat shall be described by volume and page or document number if on file in official county records and have a statement shown in the affected area stating that it has been "previously dedicated." 2. The exact location, dimensions, description, name and purpose of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, residential lots, and other sites, with accurate PAGE 33 OF 117 PAGES AGENDA ITEM NO. 7.A dimensions, bearing or deflecting angles. These areas dedicated for public use shall state that they are "herein dedicated" within the area affected. B. The final plat shall also include the following: 1. Owner's acknowledgment: "State of Texas County of The owner of land shown on this plat and whose name is subscribed hereto, and in person or through a duly authorized agent hereby dedicates to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed and further warrants that he has lawful authority to make such dedications. Owner State of Texas County of Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 20 Notary Public, . County, Texas. 2. Certificate by director of public works: "The Director of Public Works of the City of Wichita Falls, Texas, hereby certifies that this subdivision plat conforms to all requirements of the subdivision regulations as to which his approval is required. Director of Public Works 3. Approval of the Commission of the city: PAGE 34 OF 117 PAGES AGENDA ITEM NO. 7.A "This plat has been submitted to and considered by the Planning and Zoning Commission of the City of Wichita Falls, Texas, and is hereby approved. Dated this day of , 20 By: Chairman By: Secretary OR In the case of a minor plat, approval by the Director of Development Services: "This plat has been submitted to and considered by the City of Wichita Falls, Texas, under the terms and conditions of a minor plat and is hereby approved. Dated this the day of , 20 Director of the Department of Development Services 4. Surveyor's certification: "I hereby certify that this plat has been prepared from an actual and accurate field survey of the land under my personal supervision on (date); and that all information shown is true and correct; and that all monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the City of Wichita Falls, Texas. Surveyor 5. A certificate from the city tax collector and from the proper official of all other taxing authorities within whose jurisdiction the proposed subdivision lies to the effect that all ad valorem taxes have been paid on the land included within the subdivision and that there are no recorded liens by any taxing authority. 6. Where any plat wholly or in part lies outside of the corporate limits of the city, and within the extraterritorial jurisdiction as defined by state law, a legible statement shall appear on the plat as follows: "The area indicated on this plat as outside of the City limits of Wichita Falls on the date of approval of this plat is within the extraterritorial jurisdiction of the City of Wichita Falls and subject to annexation." PAGE 35 OF 117 PAGES AGENDA ITEM NO. 7.A 6.5 Processing of final plat. A. No final plat will be considered unless a preliminary plat has been approved by the Commission. If circumstances prevail in which a single unplatted parcel may be platted into lots in only one obvious manner, no preliminary plat will be necessary. The Planning Department shall determine the necessity of preliminary plats in such cases. The Director of Development Services may approve minor plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. The director of Development Services shall not disapprove such plat but refer any plat that he refuses to approve to the Commission. B. A final plat of an approved preliminary plat or a portion thereof shall be submitted to the Commission within two years of the date of approval of preliminary plat, otherwise the approval of the Commission shall become null and void. C. With the exception of minor situations or drafting errors authorized by the joint approval by the Department of Development Services and Department of Public Works, no changes, erasures, modifications or revisions shall be made in any final plat of a subdivision after approval has been given by the Commission and endorsed on the plat in writing, unless said change, revision or modification is first submitted to and approved by the Commission. Errors affecting existing ROW and easements shall be corrected and a new or revised plat shall be submitted to the Commission. D. The director of public works shall certify by his signature on the final plat that all improvements required under this section have been completed prior to submittal of the final plat, or that one of the following types of guarantees has been furnished. If such a guarantee is furnished, it shall provide that all improvements shall be completed within 12 months, unless an extension of time is granted in writing by the director of public works for good cause. Such guarantees are as follows: 1. The applicant may furnish an approved surety, payable to the governmental unit authorized to accept surety, in an amount sufficient to cover the entire cost of such improvements as required herein, as estimated by the applicant and approved by a person authorized by the governmental unit. 2. The applicant may deposit cash, or other instrument readily convertible into cash at face value, either with the governmental unit, or in escrow with a bank. The use of any instrument other than cash, and, in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval by the governmental unit. If an instrument readily convertible into cash is deposited with the governmental unit, it may be reduced to cash at the discretion of the governmental unit. The amount of the deposit shall be sufficient to cover the entire cost of the required improvements, as estimated by the applicant and approved by the governmental unit. In the case of an escrow account, the applicant shall file an agreement between himself and the bank guaranteeing that such funds shall be held PAGE 36 OF 117 PAGES AGENDA ITEM NO. 7.A in trust until released by the governmental unit, and may not be used nor pledged by the applicant as security in any other matter during that period; that in case of failure of the applicant to complete said improvements within the time specified, then the bank shall immediately make the funds in such account available to the governmental unit for use in the completion of such improvements. Provided, however, periodic payments may be made from the cash deposited with the governmental unit or from the escrow account for progressive payments of construction costs of the required improvements, which payments shall be based upon progress work estimates prepared by the applicant's engineer and approved by the governmental unit. 3. The applicant may provide, from a bank or other reputable financial institution approved by the governmental unit, a letter of credit, which is approved by the city attorney. Such letter of credit shall state that the creditor guarantees funds in an amount equal to the cost of constructing such improvements, as estimated by the applicant and approved by the governmental unit. In case of failure on the part of the applicant to complete such improvements within the specified time, the creditor shall pay to the governmental unit immediately, and without further action, such funds as are necessary to complete such improvements, such letter of credit may not be withdrawn, or reduced in amount, until released by the governmental unit. If one of such guarantees is furnished to the governmental unit by the applicant, it shall be filed with the governmental unit. 4. The applicant, at his option, may elect to, during the course of improvements, to deposit cash, or other instrument into cash at face value, either with the governmental unit or in escrow with a bank for the balance of improvements yet to be installed. The amount shall be sufficient to cover the cost of the remainder of the improvements. The estimate shall be provided by the applicant and approved by the governmental unit. E. A final plat shall become void if there are discovered to be constraints to the development as proposed on the plat. Should such constraints or obstacles be found, the Planning Division and/or Department of Public Works shall require the submission of an amended plat that recognizes, mitigates or otherwise allows for the effects of the constraint or obstacle as approved by the Planning Division and/or Department of Public Works. A nonconforming condition shall also be considered a constraint or obstacle. F. Once all conditions are provided and accepted by the Planning Division and Public Works the final plat shall be recorded with the county. A copy of the recorded plat shall be provided to the Planning Division. § 7 Oil and Gas Regulations 7.1 Oil and gas wells. [(1)] For the purpose of this regulation, the term "plugged" shall refer to cementing a well PAGE 37 OF 117 PAGES AGENDA ITEM NO. 7.A to remove the well from production in accordance with standards of the Texas Railroad Commission. [(2)] It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any such well or to conduct any activity related to the production of oil or gas without first obtaining a permit issued by the director of public works in accordance with this section. Such activities include, but are not limited to seismic exploration, site preparation, re- working, drilling, fracturing, operation, construction of rigs or tank batteries, fracturing and pressurizing of wells. A permit shall not be required for seismic exploration unless such survey activities will be conducted on city property or public utility easement. Explosives shall not be used within the city. [(3)]A permit shall authorize seismic exploration, site preparation, re-working, drilling, fracturing, operation, construction of rigs or tank batteries, and well pressurization for a period of one year after issuance. If a well is completed as a result of permitted drilling activity, the permit shall authorize continued operation of the well. A. Permit application and contents. The application for the permit, required by this [appendix], shall include the following information: 1. A copy of the application to drill which has been filed with the state railroad Commission and copies addressing the requirements of the state railroad Commission for which is required to be met based on the application, together with bonding requirements, if required. 2. The name, address, and phone number of the operator of the lease and property owner, with the name of the contact person for the operator. 3. A description of the lease or the lands involved in the exploration, drilling or maintenance, and the length of time that surface operations are expected to occur. 4. A plat showing the location of the well, the ownership of the land, property lines, structures, and offset operators or landowners. 5. The name and address of the drilling contractor. 6. A site plan accurately depicting the proposed site and the location, distance to and nature of adjacent land uses. 7. A statement warning of possible hazardous formation conditions that may be encountered during or as a result of the proposed drilling or exploration operation or maintenance of an existing well site. 8. A copy of the operator's spill prevention plan. 9. The fee for a permit in the amount of $500.00 or as established in the fees chapter PAGE 38 OF 117 PAGES AGENDA ITEM NO. 7.A of this code. 10. A bond or letter of credit approved for form by the city attorney in the amount of $25,000.00 along with the permit application for the initial permit applied for by an operator. The bond shall be executed by the operator, as principal, and a corporate surety on the list of authorized insurance companies published by the State Board of Insurance of the State of Texas, as surety, in a form approved by the city attorney and with the bond in favor of the city conditioned that the operator will comply with all of the terms, conditions and requirements of this chapter and any permit issued pursuant hereto, and further conditioned that the operator will repair any damages to city roads, streets, highways, or other city property, as determined by the director of public works of the city, caused by the equipment and vehicles used by the permittee in going to and from the drill site with such repairs to be in compliance with specifications therefor prepared and provided to the operator by the director of public works. The security shall remain effective until the operations on the drill site are terminated. 11. A certificate of insurance showing the insurance required in this section. B. Insurance. No well shall be drilled or any maintenance or exploration conducted unless the drilling firm, lease owner and/or contractor at all times carries minimum insurance coverage for bodily injury of $500,000.00 for each occurrence and $1,000,000.00 aggregate and for property damage of $500,000.00 for each occurrence and $1,000,000.00 aggregate, and for the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the operator and related expenses, including, but not limited to, evacuation of residents, in the amount of at least $5,000,000.00 per occurrence. The lease owner shall at all times carry this minimum limit of insurance until such time that the well is out of production and all appurtenances removed from the site. The insurance under all situations and at all times shall list the City of Wichita Falls as additionally named insured. C. Location, maintenance and fencing of tanks and tank batteries. 1. The oil or fuel storage tank or tank battery shall be erected in conformance with the spill prevention control and countermeasure plan published by the U.S. Environmental Protection Agency. 2. The oil or fuel storage tank or tank battery shall be completely enclosed by: a. A minimum six-foot tall all metal chainlink fence with two-inch maximum mesh interwoven with opaque slats, topped by at least three strands of barbed wire; b. A solid minimum eight-foot tall masonry wall; or c. Other fencing material approved by the director of public works. 3. In no event shall a tank or tank battery be located nearer than 150 feet from any PAGE 39 OF 117 PAGES AGENDA ITEM NO. 7.A residence, or dwelling, unless the tank or tank battery existed prior to the residence or dwelling, or nearer than 30 feet from any combustible structure. 4. Oil and fuel storage tanks or tank batteries shall be kept well painted and in good repair. 5. If the well(s) associated with an oil storage tank or tank battery is/are plugged, or if the storage tank or tank battery is no longer in use, the storage tank or tank battery and associated pipelines shall be removed and the land restored. This provision may include all associated appurtenances with the wells and tank or tank batteries. This removal shall occur within six months unless documentation can be provided that the well and tank or tank battery will be used within the next two years. For the purpose of this provision, the term "no longer in use" shall mean that the tank or tank battery, while it or they may contain some residue or fuel, has not been pumped into or out of within the past six months. The director of public works may waive this requirement if the operator requests such waiver in writing, and the director determines that failure to pump is due to a reason other than the tank(s) no longer being in use. 6. Other oil or fuel storage tanks that receive products from transmission or distribution lines that are not pumped into or pumped out of for a period of six months shall be considered abandoned and/or unused. The leaseholder shall disassemble and completely remove such tanks from the site unless it is shown that there are plans to reuse the storage tanks within the next two years. 7. Within six months after removal of any oil storage tanks or tank batteries, the permittee shall restore the property to its original state insofar as possible, to include removal and/or restoration of any unremediated soil. D. Pumps to be electrically powered. No pumping unit used for the purpose of lifting oil shall be powered with any power other than electricity. If electrical power lines are proposed to be buried or are buried, a private easement shall be created and the Department of Public Works shall note the location of said easement and/or its encroachment into or within a public easement. Such easement shall be made a matter of public record by the filing of a plat or separate instrument. E. Pumping units. 1. All surface equipment shall be kept clean, painted, in good repair, and properly lubricated in order that they will operate quietly. The noise produced by wells, jacks or units on a producing well shall not exceed 50 decibels at any boundary of the parcel on which the well is located. 2. All pumping units, compressors, and other powered equipment shall be completely enclosed by: a. A minimum six-foot tall all metal chainlink fence with two-inch maximum mesh interwoven with opaque slats, topped by at least three strands of barbed wire; PAGE 40 OF 117 PAGES AGENDA ITEM NO. 7.A b. A solid minimum eight-foot tall masonry wall; or c. Other fencing material approved by the director of public works. F. Flow lines. 1. All flow lines and/or water and/or oil or gas lines shall be buried at least one foot under the ground unless permission is obtained from the surface owner. The Planning Division and/or Department of Public Works may require that flow lines and transmission lines be buried at a greater depth depending upon adjacent land uses and proposed streets, roads and highways. 2. All flow lines shall be shown on a plat or separate instrument and filed for public record. Upon the removal of the associated tank batteries and/or the plugging of wells associated with such pipelines, the pipelines shall be removed. The Department of Public Works may consider an alternative to the removal of the pipelines if the lines are flushed to remove any potential contaminates. Such exception shall apply to only those situations where removal is not technically feasible. 3. The Department of Public Works shall have sole authority to regulate the location and installation of such lines, which will also incorporate standards by the appropriate government agency. G. Waste oil or water to be cleaned up. Any waste oil or water in, on, or around any premises within the city or the extraterritorial jurisdiction shall be immediately cleaned up and the ground shall be cleaned of any oil-bearing dirt. H. Drilling operations generally. The owner, leaseholder, property owner or other who is responsible for drilling of a well or well site shall proceed with the drilling operations with the highest degree of care so as not to injure adjoining property or persons in any manner by: 1. Keeping the premises suitably fenced or guarded 24 hours a day in such manner as to avoid trespassing during the drilling and exploratory operations; 2. Removing all drilling mud upon the completion of such drilling operations; 3. Immediately clearing the grounds around the well of all drilling mud and/or all oil, salt water or water. The area shall be made to conform in appearance to the lands in the neighborhood wherein such drilling, exploration or maintenance operations are so conducted. All pits must be steel or lined with a minimum six-mil impermeable liner. All pits and contents shall be removed from the premises and drill site within 30 days after completion of the well; 4. Prior to the commencement of any drilling operations, installing private roads used for access to the drill site and the operation site which are at least ten-feet wide, have an overhead clearance of at least 14 feet and are surfaced with asphalt, crushed rock, or gravel, and maintained to prevent dust and mud in accordance with the PAGE 41 OF 117 PAGES AGENDA ITEM NO. 7.A requirements of the director of public works. The requirements governing surfacing of private roads may be altered at the discretion of the director of public works after consideration of all circumstances, including, but not limited to, the following: [(i)] Distances from public streets and highways; [(ii)] Distances from adjoining and nearby property owners; [(iii)]The purpose for which the property of such owners is or may be used; [(iv)]Topographical features; [(v)] Nature of the soil; [(vi)]Exposure to wind; and [(vii)] Preference of the surface owner. 5. It shall be unlawful to create sound during drilling operations that exceeds: [(i)] 60 decibels during daytime hours between 7:00 a.m. and 7:00 p.m., measured at any occupied structure on a parcel other than the parcel on which the oil well is located. [(ii)] 50 decibels during nighttime hours between 7:00 p.m. and 7:00 a.m., measured at any occupied structure on a parcel other than the parcel on which the oil well is located. I. Spacing. 1. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located: a. Within 25 feet of any storage tank or source of ignition; b. Within 100 feet of any building accessory to the well, public street, road, highway, right-of-way or property line; c. Within 300 feet of any water well used as a potential source of drinking water; d. Within 400 feet of any commercial or industrial building; or e. Within 600 feet of any residence. 2. The minimum distances described in subsection 1.d and 1.e may be reduced by: a. A waiver granted by the city council; or b. Written notarized waivers granted by all owners of all buildings within the radius being protected from drilling. All waivers must identify the property address, block and lot PAGE 42 OF 117 PAGES AGENDA ITEM NO. 7.A number, subdivision name (if applicable), and plat volume and page or document number if on file in official county records. Such waivers must be filed, at the expense of the operator, in the Wichita County records prior to the issuance of the permit. J. Fracturing operations. It shall be unlawful for any person to conduct fracturing operations on a well during the nighttime hours between 7:00 p.m. and 7:00 a.m. It shall further be unlawful for any person to create sound during such fracturing operations that is greater than 60 decibels, measured at any occupied off-site structure, unless a higher maximum decibel level has been provided by the director of public works. If a higher decibel level has been provided by the director of public works, it shall be unlawful for any person to: 1. Create sound during fracturing operations that exceeds the decibel level provided by the director of public works; or 2. Conduct fracturing operations in a manner that fails to comply with the special conditions established by the director of public works. K. Easements. Wells shall be serviced from an existing public street or a dedicated access easement. 1. A 25-foot access easement allowing entry of city personnel and other public safety personnel shall be provided from a street to the wellhead, tank, tank battery, flare and mud pits or any other areas where machinery is located. 2. The operator shall pay the city for any damage it causes to city property within 30 days after notification of such damage by the director of public works. 3. Once a well is plugged to remove from production and the site is restored as required herein, the easement may be removed. L. Floodplains. The floor of any drilling rig and the top of any well head shall be placed at least one foot above the base flood elevation in the area of any special flood hazard as such terms are defined in section 54-26. The base of any pumping units and oil storage tanks must be placed above the base flood elevation. M. Enforcement. Violation of the terms of this section shall be punishable by a fine of up to $2,000.00 per day, cancellation or suspension of the permit by the director of public works, or injunction. Prior to cancellation or suspension of a permit, the director of public works shall give the permit holder at least ten days' written notice, posted on the drill site, an opportunity for hearing, and at least one opportunity to cure the failure of at least ten days following the hearing. § 8 Responsibility for payment of installation cost. A. The applicant shall pay all design, engineering, material, construction and installation costs of all improvements required by this section unless otherwise provided in this section. PAGE 43 OF 117 PAGES AGENDA ITEM NO. 7.A B. In the event [an] applicant desires the extension of water or sewer lines to serve his subdivision, he shall bear the entire design, engineering, material, construction and installation cost of all border, off-site and on-site lines. The Department of Public Works shall specify the size of all such lines, taking into consideration the city's master plans, standard specifications, and anticipated requirements of adjacent areas of future growth which must be served by such lines. The decision of the Department of Public Works concerning the size of the required lines shall be final. C. The construction of water and sewer lines in accordance with city plans and specifications will be done by a contractor of the applicant or property owner's choice; provided however, that such contractor shall furnish a performance bond and warranty bond, executed by a corporate surety authorized to do business in the state acceptable to the city and maintaining in the county an agent upon whom service of citation may be had, in an amount equal to the total construction cost. Said bond shall be conditioned upon: 1. Completion of the entire construction in full conformity with the plans and specifications promulgated or approved by the Department of Public Works; and 2. Payment in full by the contractor of all claims for labor performed or materials furnished, in connection with such construction. All such construction work shall be subject to inspection by the Department of Public Works and/or the respective governmental unit as required, and no portion of any line installed in any excavation shall be covered unless and until the construction of such portion shall have been inspected and approved by the Department of Public Works and/or the respective governmental unit as required. D. Should the Department of Public Works require the installation of water and sewer facilities of a larger capacity than necessary to provide adequate water or sewer service to the applicant's property, the difference between the cost of such larger facilities and the size facility required to serve the subdivision will be paid for by the city. Such facilities may be constructed under contract awarded by the city, with a predetermined rate for the developer's share to be deposited with the city prior to the award of the contract. At the option of the city, such facilities may be constructed under a contract awarded by the developer, provided city and state requirements are met. Under either system, the pro rata share of the cost to be borne by the developer shall include all material, construction, and installation cost for the size facility adequate to serve the developer's property. For the purposes of this article, the minimum size line required to serve a subdivision shall not be less than eight-inch water and/or sewer. E. All sewer and water lines constructed or installed pursuant to the provisions of this section shall, when completed and accepted by the Department of Public Works, become the property of the city, free and clear of all encumbrances. The applicant shall provide a maintenance bond on the public improvements for a period of one year after the date on which the city accepts the property. Each and every contract entered into between [an] applicant and a contractor for the installation of sewer or PAGE 44 OF 117 PAGES AGENDA ITEM NO. 7.A water lines pursuant to the provisions of this section shall recite therein the provisions of this subsection. F. No sewer or water lines shall be installed or constructed except within a public street or alley, or within an easement granted to the city by appropriate written instrument filed for record with the county clerk of [the] county at the expense of the person requesting the extension of existing lines. G. No lift station, sanitary sewer system, or force main shall be constructed as part of the sewer line extension unless the applicant agrees that he will, at his own expense, construct such elements in accordance with the design standards provided by the Department of Public Works or in the case of lift stations a design prepared by the applicant's engineer and approved by the Department of Public Works. H. If the Commission or plans adopted by the city council requires the installation of any street with pavement over 48 feet, the city shall award the contract for construction and the developer shall deposit his share of the cost of construction with the city prior to award of the contract. The developer's share of the cost will include curbs and gutters including median curbs as required, and pavement for a 48-foot street. I. In no event shall the city be obligated to proceed under the terms of this section if sufficient funds are not available. Nothing in this ordinance shall be construed as a surrender by the city of its control over the streets, alleys, public ways or public easements within the city. J. No person shall acquire any vested rights under the provisions of this section. K. Withholding improvements until plat approved. 1. The city shall withhold all city improvements of whatsoever nature including the furnishing of sewage facilities and water service from all subdivisions, which have not been approved as provided by law and further, no permit shall be issued by the building official of the city on any piece of property other than an original or a resubdivided lot in a duly approved and recorded subdivision, except the building official may issue a temporary connection of utilities permit for construction purposes and only during the time of actual construction on unplatted tracts of land if the owner of such property will sign an agreement stating that he will forthwith start proceedings to have such property approved and platted in accordance with these regulations and further acknowledge his understanding that a certificate of occupancy and a permanent permit for connection of public utilities shall be withheld until the platting of such property has been so approved and recorded. The temporary permit shall automatically terminate within 100 days from its issuance date or upon completion of construction. The master plat must be approved and recorded within 100 days from the temporary building permit issuance date. The following is the procedure required for the owner of such property to follow before entering into a platting agreement: PAGE 45 OF 117 PAGES AGENDA ITEM NO. 7.A a. Cause an abstractor or lawyer's certificate of ownership to be prepared and furnished to the Planning Division. b. Cause a dedication instrument to be prepared covering the dedication of property for public use, as determined by existing ordinances of the city. All lien holders of record shall be required to subordinate their lien on the property dedicated for public use. These instruments shall be placed in the custody of the city and/or the respective governmental unit as required to be recorded by the city and/or the respective governmental unit as required in the county clerk's office of the county(ies) in which the project is located, in the event that the person executing a platting agreement fails to complete the platting process forthwith as agreed. 2. The building official shall not issue a building permit until he has received approval from departments having purview over the plat requirements. L. The developer or contractor shall furnish to the city and/or the respective governmental unit as required a maintenance bond, or an approved surety, for the percentage amount show below in section M based upon the total cost of improvements constructed or installed pursuant to the provisions of this section, conditioned that the applicant shall pay all costs of maintaining, repairing, and replacing any defective parts, workmanship, or equipment for a period of one year after the improvement is accepted by the Department of Public Works and/or the respective governmental unit as required. The said maintenance bond shall be provided before the city engineer and/or the respective governmental unit as required issues a letter of acceptance or approval for the said improvements. M. Required Bond Amount Shall be % of Cost of Improvements Cost of Improvements $0—$1 00,000 100% $100,001—$249,999 75% $250,000—$499,999 50% Over $500,000 25% § 9 Penal provisions. If any individual (including any officer, agent or employee acting in behalf of any individual, firm, association or corporation) violates any provision of this ordinance, he shall be guilty of a misdemeanor, and, upon conviction of such violation he shall be fined an amount as PAGE 46 OF 117 PAGES AGENDA ITEM NO. 7.A provided by section 1-14 of the Code of Ordinances. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this ordinance. § 10 Enforcement other than penal. A. No permit shall be issued by the Health Department and/or Department of Public Works for the installation of an on-site sewerage system upon any lot in a subdivision for which a final plat has not been approved or on a lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full. B. No building, repair, plumbing or electrical permit shall be issued by the building official for any structure on a lot in a subdivision in which a final plat has not been approved or on a lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full, except in those situations described herein. C. The Department of Public Works and/or the respective governmental unit as required shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full. D. The city shall not sell, supply or allow to be sold or supplied any water, gas, electricity or sewerage service within a subdivision for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full. E. On behalf of the city and/or the respective governmental unit as required, the city attorney may institute appropriate action in the district court to enjoin any violation of this ordinance or the standards referred to herein which violation occurs within the city limits or within the extraterritorial jurisdiction of the city or as such jurisdiction is determined. F. If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the city attorney may, on behalf of the city and/or the respective governmental unit as required, cause an instrument to be filed in the deed records of the county or counties in which such subdivision or part thereof lies. The instrument may state the fact of such noncompliance or failure to secure final plat approval and the fact that the provisions of paragraphs A, B, C and D of this section will apply to the subdivision and the lots therein. If full compliance and final plat approval are secured after the filing of such instrument, the city attorney shall forthwith file an instrument in the deed records of each such county stating that paragraphs A, B, C and D no longer apply. § 11 Modification of subdivision reguiations. A. The Commission may, after submission of an application by the applicant, the applicant's engineering report, where applicable to engineering understanding that not all PAGE 47 OF 117 PAGES AGENDA ITEM NO. 7.A deviation would require engineering, and payment of fee, consider a grant of modification to any of these regulations, including pavement and stormwater requirements, when it believes that strict compliance would lead to the undue restriction of land use or where alternative compliance may be achieved with a different approach. B. The applicant shall have the burden to prove to the Commission that alternative compliance may be achieved by other means. The following conditions must be present and met by the applicant prior to the granting of any modification by the Commission: 1. The granting of the modification will not be detrimental to the public health, safety, or welfare of the property or surrounding property; and, 2. The granting of the modification will not have the effect of preventing the orderly subdivision of other property in the areas; and, 3. An appropriate engineer-designed solution exists which is not currently allowed in the regulations; and, 4. The granting of the modification is in harmony with the engineered design of the infrastructure of any neighboring subdivision, recognizing that exact replication of the new design is not required; and, 5. The granting of the modification should not affect an increased maintenance burden on the public above that which is ordinarily required or create additional operation expenses from that of the current standard to which the request pertains. C. In granting a modification, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified and maintain the spirit and intent of the standards herein set forth. D. A determination by the Commission shall require an affirmative vote by six members to grant a modification. E. A determination may be appealed to the City Council by either the applicant, or City Manager, or his designee. Any appeal will be heard de novo and shall require an affirmative vote by five members to affirm or overturn the decision of the Commission. F. Fee shall be set by separate ordinance. 2. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. 3. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same PAGE 48 OF 117 PAGES AGENDA ITEM NO. 7.A shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect 4. The Stormwater Design Manual and Pavement Design Manual attached shall not be codified but shall only be amended by City Council upon recommendation by the Planning and Zoning Commission and City Staff. 5. This ordinance shall take effect 30 days after its passage. PASSED AND APPROVED this 16th day of July 2024. Mayor Attest: City Clerk PAGE 49 OF 117 PAGES AGENDA ITEM NO. 7.A '11.41-111 i„hc• 4,44a BLUE SKIES. GOLDEN OPPORTUNITIES. STORMWATER DESIGN MANUAL CITY OF WICHITA FALLS, TEXAS PUBLIC WORKS DEPARTMENT 1300 SEVENTH STREET WICHITA FALLS,TEXAS 76301 Approved by City Council: c„ a crti.��n, a G ❑,.hi;..fin• rkc n.ro.•}r. Effective Date: ,204424 PAGE 50 OF 117 PAGES AGENDA ITEM NO. 7.A TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Purpose and Scope 2.0 DEVELOPMENT PROCESS 2.1 Predevelopment Conference 2.2 Concept/Preliminary Study 2.3 Final Study/Construction Plans 2.4 Construction Review and Engineer Certification 2.4.1 Public Drainage Improvements 2.4.2 Privately Maintained Drainage Improvements 3.0 DESIGN CRITERIA 3.1 Hydrology 3.1.1 Hydrologic Methods 3.1.2 Rainfall Estimation 3.1.3 Rational Method 3.1.4 Modified Rational Method 3.1.5 SCS Method 3.1.6 Snyder's Unit Hydrograph Method 3.2 Downstream Assessment 3.3 Hydraulics 3.3.1 Streets 3.3.2 Closed Conduits 3.3.3 Storage Design 3.3.4 Open Channels 3.3.5 Culverts 3.3.6 Bridges 3.3.7 Energy Dissipation 4.0 APPENDIX Detention Facilities Agreement PAGE 51 OF 117 PAGES AGENDA ITEM NO. 7.A 1.0 INTRODUCTION: 1.1 Purpose and Scope The cevelopment of this design manual is authorized by the City of Wichita Fats` Stormwater Management OfCiinan,;e tthe`St0rir5.3,ater Ordinance-) to protect and provide for the- raid :}.nil vfetfare of the genera'. public and to mitigate flood damage to private and public proper,;; :heart She City arid its eiarar,elrirciriai ji.rrisidu;hon This manual establishes standard practices design cruiciancis and a framework for incofs rating effective and ern: sustainable atorrrwater management into the development and construction processee..:.•itt in the ;riiisdiction of the City aril is iritencied to encourage a greater Iiiair.1,mity iri evelopirig piarr::`cur sfarm+=ioter management system,, I••.? design methodology proceCiures, factors. tormi.,ise and graphs described ,n toe ^OIICi'il a j 7'='_ are intended to serve as guidelines to• the analysis of drainage matters for lanai and approval purposes however the res:Xrnsibihty 'Or the adequacy and effe t •i ci ie actual design remains with the design engineer and Uuric rirTneC-]i irl!r f•:r�;i i r:ci ri l�.l.i air'days be aphtied. Users of this mangy:al should be ;•:nowIeO aeable and n'.•his :hecire arid application of drainage engineering prncipics Any deviation from the iw({'.r hie i,i :- this manual must be approved by the Director of Public Works 2.0 DEVELOPMENT PROCESS: 2.1 Predevelopment Conference Prior to any design and concept la,.•::irJt for a development project within the City, the develore. and his/her design engineer{s` ci:= stroncly advised to schedule in advance a l-'red•e,: :opment Conference with the Cal.,: r,c.i eerrnq Division Appointments can be made by City Engiriee Cit (.94i)j r61-r ire al intormotion as to the projkar:[i[cation site _c:; ire:rid=_d use, and other relevant fa.:lcrs s•",ou'd be given,e./hen scheduling The developer cl ;i-ic,_tar neineer and City Fnair;c=r:nr, _:an then meet and discuss specific drainage and !s.s,es for the i]roject. site )riip' se {ieg'irirllr P`r tt-;a design process Available City electronic rn:,:r '.,n jr suc,ni as topograpr-iiK1 maps and casting hydrologic and hydraulic studies can he obtainer, -,d::ltionally the meeting will serve to review the City•s expectations for studies and pans to be pireparedi s:r:l submitted for riify revieii and apyrov.al ire ,reaping with this manual during the design and approval process. 2.2 Concept/Preliminary Study Once concept plans for a project are prepared. the design engineer shall provide to the City Engineering Division a written report that describes and documents the backgrioJno, intent and i,]ythodology intended t::;be used eli:niie with preliminary plans and sia=ficient analyses to indicate that the requirements of tie htorrnr.later Ordinance can be addressed -or a subdivision,. this submission would be commonly referred to as a master drainage plan. This plan and study shall _e prep,al by a Professorial Erigirieer licensed in the State or Texas with dernoristrateu knowledge. of the 5fi.ldy of cl:ainage issues and proficiency with drainage analysis and modeling toois and should include but is not limited to • a preliminary plat and/or overall concept development plan for phased projects; • background iopographic data for tree site including off-site drainage area(s)(existing City topographic data may be used for this submission); • gepiriiar rs.`existing FElitl floor{nlrriit,and i'on.r,:ray lines an the site and drainage area, • an•i proposed rev,=.ions to the PE MA tloodplairi ▪ rniial'i'y;;frgln{i['arialyfer to;rs;Fir- ti,e srrirrnwater impact of the proposed development; • approx.ilmate s'riucture pony; and conveyance sizes and proposed flow line grades, • indications that appropriate easements can be provided dedicated or obtained and • citei rritc):Tnarion that will iassisr Coy staff:ri determining if the proleci can rear orwol•y Cornciy with the•Stormwater CJrdir7an7e 1 PAGE 52 OF 117 PAGES AGENDA ITEM NO. 7.A 1gilleer intends to cla:-h .'.hat f .. -I:1 '' ?. .a.,-i-1 v_--act horn the <<omkilete d,aw' Stre ii r :.nle "a ;[ d rsc I l:ci Ir r•ludl!iq all L .I• <i: '.I n'rdatr ri. analysis and iI •7'•'_'. ;r Iar-n .�:;_r �[:•: i ! '.! fcn rs"•aute .]nd l:� _'.I_'f::r'_.n ), f`n. .'It•; at the stage ;,' . I I 'hi _:.:t,I'r. :I''f.:' I ve i +'l I II:. i'—o . l]II :r Alt i11•> clamd ent:. sI tet-1 a r I.I!-r its ioi Id do la! -,hselt to proceed warn his n:1 c.:' 3f.Lit, sr-it alp 'cVai ]t the project pent. I-a 11 simply indicates that t1 a I:uila! ;ir''•7•::.s brat a n I, _. II .I.tale Department of Public Works approval of a preliminary plat is c=rltn .e t _Iptar thus cord I:anal consent. 2.3 Final Study/Construction Plans After conditional consent for a project is obtained, the design engineer shall provide to the City Ena'neerinq D;vislon lire! construction plan-s and analyses that inolrate and document the scieiaTiry imp'o!erTlents that will fully address the re.Iu.rernr.nts of the Stclrrrv�aier iOrdirrai ice This plan and study data shall be prepared by a Professional Engineer licensed in the State of Texas. with demonstrated 'Knowledge of the study of drainage issues and proficiency with drainage analysis and modeling tools and shall include,but are not limited to. • project specific on-site and off-site grading,drainage andfor detention plans with details of eropasec improvements intended to provide compliance with the Stormwater =irdi iarice including the 100 ysart DO-year hydrauVic grade line surfaces being specifically noted on the profile sheets: • eivrve+;._;a-_c;:rugraphl•c data for the sire COO pertinent off-site features and verified iC] -i;'l C r7 air related drama l•' =r n�EMA floodpla'r r-II IC•f,.odway lines on the site and drainage area: • ili t, l i logic and Fr'Ira,,II:-. l ..3ii:i,1nrinns to dn+,In r,rant the stormwater the r, • fiea downstream as 7 her.-.. • specific structures rav iv! a!"c c:'r—veyar!ce sizes along with profiles and representative cross sections of rirc!ria.:r: a.a lib-I • capes of requred permits obtained including all application data as submitted to the apiaroving agency, • sped+fic.identification of required phased improvements within the proposed development sec]vie nce • regret!easement clorrwmerite with metes and ticor ds descriptions anc/ni a cni)y of die furdl plat'"ith decirvatiore noted and • other information that will assist C.ty staff in determining that the protect complies with the Stormwater Ordinance The City's approval of the tinai study and construction plans is a precondition of obtaining approvals from the Department of Public Vvorks for final plats or for building permits. Approval will he e,.denccd try the signature of shoe City Engineer u:richer designee on the cover page of the plan set and by a seloarate letter detailing any other matters required to comply with the Ordinance. this Stormwater Mar.ual or for approval arid acceptance of the drainage mproa air'ants 2,4 Construction Review and Engineer Certification 2,4.1 Public Drainage Improvements The City Engineering Division shall provide on-going inspection of cnnsrrl,ctinrl !ac:tiv:tiev and ail work related to drainage improvements that are being constructed foi City acceptance and maintenance The City tnspectrar will keep a Ira of construction site visits anc the project crantra4101.'all he required to maintain a red-lmttrl set of project drawing=•,ih[:tcaking ally vtrn,rions noted between plans and actual construction, Upon completion of the drainage improvements :he design engineer shall as deemed appropriate field verify flow line grades of structures anre conveyances. measurements of structures, and actual volumes of storage facilities. The 2 PAGE 53 OF 117 PAGES AGENDA ITEM NO. 7.A engineer shall Then;.-'roduce an as-built set of project drawings using the red-pined clan set from the Contractor. notes kept by the Inspector. appropriate verified grades and vcluiTies, and ntlier information known to the engineer Two hard copy sets of the as-built dreungs.and an electronic file of the drawings in AutorDAD format.shall be provided to the City The as-built plans and any required maintenance bond snail tie provided to the City in satisfactory format prior to the su,:meptance of the improvements. 2.4.2 Privately Maintained Drainage Improvements Upon completion of project site improvements that ili 'r>a •::r ;, r c;,r,i:.+ned. such as a commercial site detention pond the design engineer snail field..arity ii a as-Grit rint1 ,ine grades of structures and :orlveyance$ actual •olumes r."if storenle fOGiiimwv anti -hall provide a +:letei iO;. - :�:I�I,:=G aggree,.:K-n..: !r: fun.' arid substance as provided by the City a copy of which is included in the Appendix to this Manual, \•vl-ach includes, • the notarized signature of the fee simple owner of the subject property; • an Exhibit'A; containing a reduced copy of the as-built pan of the drainage facility with a .-ealeci and sigr:ed certification by the engineer as to the volume and release rate of the facilities and • an E `ioit"E?' containing the metes and bounds description of the area eompnsing the detention facility The City Engineering Divisions approval of the project for a certtficate of occupancy will be contingent upon receipt and acceptance of the signed and sealed detention facilities agreement, 3.0 DESIGN CRITERIA: 3.1 Hydrology 3.1.1 Hydrologic Methods The following methods are approved to support hydrologic site analysis for the design methods and::rocedures included in this Manual: • Rational Method • t::ai ed Rational Method • .:_.= _r Hydrograph Method • Snyder s Unit Hydrograph Method Table 3.1 lists the hydrologic methods and the c,rcurnsfances for their,.we in venous analysts and design applications. Table s.:provides some limitations on the use of se'er5l methods. In .. ena a the Rational Method is recommended for small highly impervious drainage areas such as parking lots and marl,a4' dr_aining into inlets and n'.rtters. PAGE 54 OF 117 PAGES AGENDA ITEM NO. 7.A Table 3.1 Applications at the Recommended Hydrologic Methods M ethod Related Rational SCS Madifed Snyder's Unit Section Method Method Rational Hydrograph and Saudi:m.1,31 V Sectiori hr:..111.11,,..:r; section 33.1 33,1 lv section 3.5.5 section 33.6 I Uoin Secrion 3,3.7 Table 3.2 Constraints on Using Recommended Hydrologic Methods Method Size Limitations' Comments ten L.iiriII kati.onaiii storm M.Eliiud can be Lied for estimating Modified Rational 11-201)acres runoff volumes far sto•age design, methoH sr be iised rim-estimating 1)-2111.111 acre.,c. peak. p,s for all design ciirr he used H.•1 I I[ydr.....,gr.rph I sq, and laTer And ftrir all lryrriution for the stortirvater 'tImn r:k-r- I -;( ;r1r11.1r.k,.1 Ti h-11_Mt or REC-1)that Liu I m: Ii i.0 in el 1,1,..•.1 r ;ii • - ii.Kt pro!rCilhr meIirh a nc-HMS or If local stream gage data are available. these to can be used to develop beak discharges and hydrographs Ire LmCCr is e f e.r red to sianclard`nycirolooy Textbooks for eta tisdc-al procedi miss ha can be used to estimate design flood everts from stream gage data 4 PAGE 55 OF 117 PAGES AGENDA ITEM NO. 7.A Note It must be realized that any hydrologic analysis is only an approximation. Tire relationship between the a rumen of precrpitateon on a drainage basin and the amount of runoff from the basin is corrurea and too little data are available oh the factors influencing the rainfall-runoff relationship to expect exact solutions. 3.1.2 Rainfall Estimation Rainfall intensities for the City of Wichita Falls are based on 'National Oceanic and Atmospheric Administration's(NOMI Atlas 14" and have historically been provided in that intensity Duration C •le icoed For hydra-an eis.taro th C'11 Val ray also be calculated using the following formula: =b!(tc+dr (3.1) where i is inches per hour and t,is the rainfall duration in minutes. The parameters b,d and e for storm frequencies of 2 year through 100 year events for Wichita County, Texas are shown in Table 3.3: Table 3:3—Parameter-s3,3 Parameters for Formula 3.1 — Wichita County,Texas Event e b d 2 y f r. 0. uu, 4� .,.�_. 9.60'�r4 5 yr- 0.7PPh 10.5389E.7 • 10yr. 0.8f.':', r'1 1 r"=.b4=r 11.2081E--7- 25 yr. 0. 89 r;i1 ni 4 12 13198.7 50 yr. 0.-s:):4707 104. ?a:G 12 21 a?*,-7- 100yr. 0.8-.0E722 12226911.t 13.78559-4 3.1.3 RATIONAL METHOD 3.1.3.1 Introduction When using the Rational Method some precautions should be considered: ■ In determining the C value (runoff coefficient based or land use) for the drainage area, hydrologic analysis snould take into account any future changes in land use that might occur during the sevice life of the proposed facility. ■ Since the •Raliora Method uses a composite C and a single tc value for the entire drainage area if inE, .•: sl It:wt:ori of land uses within the drainage basin wilt aff-c,- the results of hydrologic ira ysis (e g, if the impervious areas are segregated from the pervious areas), then the hash a ri u!i1 be divided into sub-drainage basins. • The for included in this section are given to assist the engineer in applying the Ra:ional l/eth.:_d The engineer should use sound engineering judgment in applying Irene design ads ;,id should make appropriate adjustments when specific site characteristics dictate adjustments are appropriate. + 71-e Rational Method should not be used for calculating peak flows downstream of budges, s.'.: .r:-:sewers that may act as restrictions causing storage that Irnl,acts the peak (if(1 .;.ch. r'e PAGE 56 OF 117 PAGES AGENDA ITEM NO. 7.A 3.1.3.2 Equations The Rational Formula is expressed as follows: Q=CIA (3.2) where: Q = maximum rate of runoff(cis) C = runoff coefficient representing a ratio of runoff to rainfall l r Table 3 6 l = average rarntall intensity for a duration equal to the h(ran+hhri A drainage area coittrib'ut'ng to the design locatio:I(acres} 3.1.3.3 Time of Concentration Llse of the Rational Formula requires the time of concentration(tr.)for each design point within the drainage basin Trier duration of;anital.is then set e.a.ral to the r.irne of concentret:rr and is used to 2-timate the design. average rainfal. intensity (I) The time of concentration consists nt an overland flow time to the point where the runoff is concentrated or enters a defined drainage feature (e.g.. opera, +harmiel) plus the time of flow In a closed conduit Or open channel to the Cletil]I"i:7oirit .:or each drainage area,the distance is determined from the inlet to the most remote point in the tributary area, From a topographic map the average slope is determined for the same distance. In urban areas,the length of overland Flow distance should realistically be no more than 50—100 feet. Table 3 5 gives recommended minimum and maximum times of concentration based on land use categories The minimum lime of c::mceritrato i should be used for the most upstream inlet (minimum inlet time) Computed dow;+wnstreairl travel times will be added to determine times of concentration through the system H7 anticipated future upstream development, the time of concentration should be no greater than ttie ma:wrrium. Table 3 To Times3.5 Times of Concentration Land Minimum Maximum (minutes) (minutes) Resrdential Development 15 30 Commercial and Industrial 10 25 Central Business District 10 15 3.1.3,4 Runoff Coefficient(C) Table 3.rr provides certain runoff coefficients for the Rational and Modified Rational Methods.The (lesion engineer rr,ay also calculate and submit a cite eherificsite oral.„ifir: C Value by using the actual site areas and percentages of different land uses within the site being considered rather than arbitrani,+ usllrr the values from Table 3.6. Clear documentation of the C value determiriat:nn sitar tie submitted for ieview and approval by the City Engineering staff. If it Is :mi"•ortant to locate a specific land use within the drainage area, then another hydrologic method should be used where nydrographs for each individual drainage area can be generated and routed through the drainage system. It may be that using only the impervious area from a highly impervious site (and the corresponding high C factor and shorter time of concentration) will yield a higher peak runoff value Irian by using the Whole site. T+its should he checked particularly in areas where the overland portion is grassy(yielding a long tr)to avoid underestimating peak runoff 6 PAGE 57 OF 117 PAGES AGENDA ITEM NO. 7.A Table 3.6 Runoff Coefficient Values Description of Arcs Runoff Coefficients jC) Lawns: Sandy soil,flat, <7% 0.10 Sandy soil,average,2-7% 0 15 Sandy soil,steep, >7% 0 20 Clay soil,flat,<2% 0 17 Clay soil,average.2-7% 0.22 Clay soil,steep,> 7% 0.35 Agricultural(cultivated) 0,30 Mesquite Pasture 0.25 Streams, Lakes,Water Surfaces 1 00 Buscress+•Gcmmen_ial/Industrial; calculate Pr-S.idei'itial Slnoie Family f(.3+otslac) 0.55 rarnily(4;cts/ac) 0.50 tilI'1 r;le Family z'orslac) 0.45 Sint e ca:mil'y I2 i(3'aiac) 0.40 Single: Family r1-i arr'lot-) calculate Multi-Family Projects calculate Parks,cemeteries 0.25 Playgrounds 0.35 Railroad yard areas 0.40 Streets• Asphalt and Concrete 0 95 Brick 0 95 [irl`r!'s. ,•:alK.5 al:,_l roots 0.95 Gravel 1311034 0.50 Graded a: nn nianl cnvvr Sandy Soil fiat. G-:i`' 0.20 Sandy soil flit =.3 i4 025 Clayey soil.Plat J -i t 0,25 ayt}soil.averaags. 0.35 7 PAGE 58 OF 117 PAGES AGENDA ITEM NO. 7.A 3.1.4 MODIFIED RATIONAL METHOD 3.1.4.1 Introduction For drainage areas of less than 200 acres,a modification of the Rational Method can be used for the estimation of storage volumes for detention calculations. The Modified Rational Method is a procedure based on the Rational Method by which hydrographs are developed rather than only a peak flow. The hydrographs determined by the Modified Rational Method are based on the assumption that runoff begins and increases linearly to the peak volume of runoff The time in which the peas is reached is the time of concentration tration (tt) The peak is maintained for the storm duration and then linearly decreases to zero. The duration (horizontal axis) for both the rising and falling limbs of the inflow hydrograph equals Tr and the peak flow of the hydrograph is maintained for the storm duration. A triangular hydrograph results when the storm duration(Id)is equal to tc and represents the same peak flow as calculated by the Rational Method iMien td is increased beyond tr. the hydrograph takes a trapezoidal shape as shown in Figure 3.1 below As td rs lengthened, the peak flow decreases, but the volume of runoff, the area under trapezoid, increases. An allowable release rate is set (04 based on pre-development conditions. The allowable release rate increases linearly until it reaches the receding limb of the inflow hydrograph The to is varied incrementally until the storage volume(shaded area) is maximized This method is normally an iterative process which can be done by hand or spreadsheet. Readily available software programs such as Bentley (Haestad) Pond Pack© Modified Rational Method'1' use this same methodology Downstream analysis is not possible with this method as only approximate graphical routing takes place. Discharge 'bilk (la tc to Time Figure 3.1 Modified Rational Definitions 3.1.4.2 Design Equations The allowable release rate can be determined from, Q,=CdiA (3.3) where = allowable release rate(cfs) C = predevefopment Rational Method runoff coefficient = rainfall intensity for the corresponding time of concentration tin/hi) A area(acres) The Modified Rational Method should be used for basins with fairly homogeneous land use and flow paths Consideration should also be given to increasing the C factor for higher intensity(>25 year)storms because infiltration and other abstraction losses have a proportionally smaller effect on runoff during such events. Care should be exercised in the calculation of the C factor and time of concentration used to determine the C},to avoid oversizing the outlet device and thus reducing available storage 8 PAGE 59 OF 117 PAGES AGENDA ITEM NO. 7.A 3.1.5 SCS METHOD 3.1.5.1 Application The SCS method can be used for both the estimation of storrrmater runoff peak rates and the generation of hydrogra.phs far the muting of stormy+rater flows thus it can be used for most design apphcot rr ft is assumed that most users of the SCS methodology will use a oompi.ter 1-'ruarai such as HEG-HMS therefore this manual does not atten-pt to include the er:lLlat ores aid concerts utitzed as the r rettho!cigymethodalogv Is adequately described in the HEC-HMS Users Manual and Te-:hrrcal Reference Manual. 3.1.5.2 Runoff Factor(CN) The SOS method uses a combination of soil conditions and land uses(ground cover)to assign a runoff factor to each area Sods data can he obtained from a site specific geotechnlcal report or 'he County Soils Survey InfrYM3tion d!dildl CI1-IIrie at I1titT i'snir5.usrla.Qav/ .'.erar;e antecedent soil moisture conditions V,hrl'C I!) are recommended for most hydrologic revs s. Table 3.8 eves standard . r e nurrd;:r ., .. for a raise of land uses. :tralr;.age area has more than one!ant:::.,s:� :;rnoosite curve number can be calculated 1'eercentages of land lases within Table v---444:44;43.8 Runoff Curve Numbers' cover Description Curve numbers For hydrologic soil groups _"ia• type s:rr1 hydrologic condition Rveragepereent A BCD impervious area� Cultivated Land: Without conservation treatment 72 81 88 91 With conservation treatment 62 71 78 81 Pasture or range land: Poor condition 68 79 86 89 Goad condition 39 61 74 80 Meadow Good condition 30 58 71 78 Wood or forest land! Thin stand, poor cover 45 66 77 83 Good rover 25 55 70 77 Open space(lawns,parks,golf courses, cemeteries,etc.) Poor condition(grass cover<5:''S 68 79 86 89 Fair condition(.crass cover 5G%•a:•to 75%) 49 69 79 84 Good condition(grass cover> T 5%) 39 61 74 80 Impervious areas: Paved curbs and storm drains(excluding right- off-way) 9'8 98 98 98 paved,open ditches(including right-of-way) 83 89 92 93 Gravel(including right-of-way) 76 85 89 91 Dirt(including right-of-way) 72 82 87 89 Urban districts: Commercial and business 85% 89 92 94 95 ,ndustri it 72% 81 88 91 93 9 PAGE 60 OF 117 PAGES AGENDA ITEM NO. 7.A I Table 3;8w-act, .,-.f`.I, ': Curve Numbers' Cover Description Curve numbers for hydrologic soil groups .ti veraoe,IJerr:C17T Cover type and hydrologic condition C D mpe,vlo rs area` A 6 Residential districts by average lot size: 1/8 acre or less(town house) 65'hi 77 85 90 92 1/4 acre 35% 61 75 83 87 1/3 acre 301 57 72 81 86 1/2 acre '=5"0 54 70 80 85 acre 20% 51 58 79 84 2 acres 12% 46 65 77 82 Developing urban areas and newly graded areas (previous areas only,no vegetation) 77 86 91 94 Avera•de runoff condition arc,I =0 25 T e average percent impervious area shown Was used to deo clop the cornposte Oils Other assul nptions are as follows :rnpervrcus areas are directly connected to the drainage system I.npervious areas;rave a Chi or 98. and p !v•Oils areas are Corr5ideiea equivalent to open space in good hydrologic condition If the,cipel010Us bl Cr, Is not connected.the=OS rnernecl nas a,ediirnarner•t to reduce the effect Oils shown are ei pivalent to thong bt posture coml,oslte iv.l in.m?:•.I he compute('for other T.orrtl,,in.=i•ons,of open space caner type. 3.1.5.3 Urban Modification of the SCS Method Connected Impervious Areas The Cols for various lancl cover types were developed for typ"dral I.ancl'rse relat•Gn-hips::esecl or. s.ne[arlc.. assumed percentages of impervr,ous area These Cfl values were developed on the i Ir CBI JI = r' -. i�Ilcc i ;t:O t-.It;'Irl.D or).-1,-wdrolagii r-:rr .2 rl I-T•._ . it yan have a c:rl .'i n:clly o.rfed to l'.e d ar ,de pion It all of the Irnpe:v::-,u., aa:ea is direrll•, =•J•l i:_•la.-d h:t!;• . ran"'a,_I i= system I:LIr"hit: Il II•i'I`d to us area f.' rcetltages or ti I5 r.l .17- dam..all, l:.• .. :'r.r=al J I: -'Ir. I.ur.=r to thv graphical chart provided by SOS to compute a corrll::s Is ON Unconnected Impervious Areas Runoff from these areas is spread over a perv,ol.::: ;Inca as sheet flow To determine ON when all or part of the impervious area Is not directly ,r nected to the dra rage system refer to the graphical charts provided by SOS to compute a composite ON. 3.1.5.4 Travel Time Estimation Travel time(TO is the time it takes water to travel from one location to another w.t'II I a watershed, through the various components Of the oralnage system Time of concentration(t,-°I :s computed by summing all the travel times for ccrnsecl-Iilve components of the drainage conveyance system from the hydraulically mosr niistart point ;'+t the wateratlyd to he point of Interesr .;rltiurl the watershed Itl PAGE 61 OF 117 PAGES AGENDA ITEM NO. 7.A Travel Time Wafer moves through a watershed as sheet flow shallow concentrated flow, open channel flow �r son-we combination ''iese. The type of flow that occurs I5 a funetlon of the ooriVeyance sy Tenh and is best determined iw field rns.;:ection. Travel time the ratio of flow length to flow velocity i',= L/360UV (3.4) where Tr= trove'time(rr) L= flow leriot1I(ft V= average velocity(ft/s) ?r_,pp= conversion factor tram seconds to hours Sheet Flow Sheet flan"can be c.elraulated using the following formula: T,= 0.42(nL.l°° = 5.007(nL)°$' (3.5) 80(Pf5(S)" (POI/AS)" where T= [ravel time(hr) n= t'Aenniny roughness coefficient L= floe'length(ft). Pa= 2-year =u-hour rainfall S= land slope(ftift) Shallow Concentrated Flow .Afte 50 to 1OD feel,sheet flow usually becomes st-iallcw concentrated fIn' f he averace velocity `Cur;.his type of flow r:ar' be graphically determined from ,r,t,;,I'nation provided In the SCS manual nr ncr ne nomputerl from the foliowing equations Unpaved V= 16.13(S)°5 (3.5) Paved V=20.33(S)°' (3.7) where' V= average velr r.ity rrtr'i S= slope of",ycraulic oracle. hoe(watercourse slope,fit) titre determining average veiot:cty rise Equation 3.4 to estimate travel time for the shallow concenyrateed seame..nt Open Channels • opal channels a•e assumed to begirt where sur,eyed cross sections have been obtained where vw.sible on aerial photographs where identified by the local municipality, or w'iere stream•desigcatioris appear on USCD;S rlua;trarde sheets. ▪ he n ii in In's Equation or water surface profiie urifor+nation can be used to estimate average velocity • Avera_ae flow velocity for travel time celcular.orc_ is .Jsually determined for bank-full eievation assuming low vegetation winter cond.tions Manning's Equation is. V=(1.49/n)(R)2f3(S)lrx (3.8) where. V= average veioOity(Ws) R= hydraulic radius(tt)and is equal to AIPw A w cross sect'onal flow area(fl'-) Pw= wetted perimeter(ft) S= slope of the hydraulic grade inns if:'`tl n= futanning's roughness cce t,cient for open channel floe.' 11 PAGE 62 OF 117 PAGES AGENDA ITEM NO. 7.A Afte+ averaue velocfy is computed using Equation 3.8, Tt for the channel segment can be estimated using Equation 3.4.. Limitations • Equations in this section should not be used for sheet flow longer than 50 feet for impervious surfaces. • In ,vatrr.he_cls with storm sewers, carefully identify the appropriate hydraulic flow path to estimate • A r„ivert u; bridge can act as detention structure if there is significant storage behind it Detailed sti-racie routing procedures should be used to determine the outflow through the culvert or bridge 3.1.5.5 Hydrologic Stream Routing The routing methods selected for use in Wichita Falls are the Modified Pals and the Muskingum- Gunge 8 point section methods.. 3.1.6 SNYDER'S UNIT HYDROGR.APH METHOD The Snyder method estimates a peak discharge and a time to the peak or the Unit r,yorr:igraph It also estimates shape parameters Rainfall runoff models. such as ?-tEC-1 will typcalry complete the .knit lrydrocraph based on assumed parameters and relationships. Typically,two parameters are needed to develop the Snyder Urrt Hyrryrr;graph. • IL-lac time and • Cp -si i;i, ractor,also expressed as Cp644, The following equat.un to compute lag time should be used: TL=Cr(1-1.calS°-5)0.38 (3.9) TL =Lag T nTh(hi) Cr =roeff,'7,ientt L = hydrzulQ lengTh of the water$he.d along[tie longest flow patty tmi) Los= hydraulic length along the:;;nicest k atercourse from the f rir;i urn:er consideration to a pod t opposite the centroid of the iIr-aunrg: f sir fir,; S =weighted slope of foe hewn,•ft(nl;;, mesa jred from the 3`R<<.,to the 1'.7i':t,points along the congest stream path in the basin The value CT a dunerr:;onless pararne`er that •s typically assnneI to be conesterit frrr various areas of the state It can be estimated from neighboring areas or ealit:rrateecs for the whole or portions of Inc basin.and then appl ed to multipre subbasins within Inc watershed. Note that there are multiple forms of the Snyder equation for TL.Sonic case ftlft for the slope and some do not include the slope at al: If a regions'CT value is used.veri`y that the same equation was used in the study within wh.cn it was developed Values generally range from about 0,7 up to about 3.6 though values outside that range have been calibrated. The shape factor Cp refl,r:ts the sharpness of foie hydrograph. High values, up to about 500, reflect a rapidly responding basin with a sharp peaked hyd•ograph. Low values, such as 250, generally reflect a flatter slow responding oa7 n wan a longer, flatter hydrograph. These values are generally divided by ;4D and entered into I-IEC-HMS as the Cp value ranging from about 0.4 to 0.8. ' PAGE 63 OF 117 PAGES AGENDA ITEM NO. 7.A 3.2 Downstream Assessment 3.2.1 introduction The assessment should extend from the outfall of a proposed development to a point downstream where the discharoe from a proposed development no longer has a significant impact on the receiving stream or storm drainage system The assessment should be a part of the preliminary and final plans,and should include the following properties. • Hydrologic analysis of the pre-and post-development on-site conditions • Drainage path which defines extent of the analysis • Capacity analysis of all existing constraint points along the drainage path such as existing floodplain developments. underground storm drainage systems culverts. bridges tributary confluences or channels • Offsite undeveloped areas are considered as 'full build-out" for both the pre-and post- development analyses • Evaluation of peak discharges and velocities For three(3)24-hour storm events • 2-year storm • 10-year storm;and • 100-year storm • Separate analysis for each major outfall from the proposed development Once the analysis is complete, the designer should ask the following three questions at each determined junction downstream' • Are the post-development discharges greater than the pre-development discharges? • Are the post-development velocities greater than the pre-development velocities? • Are the post-development velocities greater than the velocities allowed for the receiving system? These questions should be answered for each of the three storm events The answers to these questions will determine the necessity. type. and size of non-structural and structural controls to be placed on-site or downstream of the proposed development 3.2.2 Downstream Hydrologic Assessment Common practice requires the designer to control peak flow at the outlet of a site such that post- development peak discharge is equal to or less than pre-development peak discharge. It Has been shown that in certain cases this does not always provide effective water quantity control downstream from the site and may actually exacerbate flooding problems downstream. The reasons For this have to do with (1) the timing of the flow peaks. and (2) the total increase in volume of runoff Due to a site's location within a watershed. there may be very little reason for requiring flood control from a particular site. In certain circumstances where detention Is in place or a roaster drainage plan has been adopted, a development may receive or plan to receive less that ultimate developed flow conditions from upstream. This might he considered in the detention needed and its influence on the downstream assessment Any consideration in such an event would be with the prior approval of the City Public Works Director This section outlines a suggested procedure for determining the impacts of post-development stormwater peak flows and volumes that are required as part of a developer's stormwater management site plan 3.2.3 Methods for Downstream Evaluation The downstream assessment is a tool by which the impacts of development on stormwater peak flows and velocities are evaluated downstream The assessment should consider the zone of influence of the proposed development and shall extend from the outfall of the development to a point downstream where the discharge no longer has a significant impact upon the receiving stream or storm drainage system 13 PAGE 64 OF 117 PAGES AGENDA ITEM NO. 7.A Typical steps in a downstream assessment include. 1. Determine the outfall location of the site and the pre- and past-development site conditions 2. Collect data `or :he storrnwaler face dies within the zone of influence, such as re Iewino Or her studies arid obtaining ie-b:,ll?t pla t'e 6asisd cii i this information. document rtihe her or not the downsin_=am facllltle5 were designed Tor bud our :;0ndiriOns for all property upstream and whether there are any know problems downstream such as road ave:lop,ings• historical strucalare fl[rndind. etc: if there are no such dr.rrirc lrearri prnhlems.and if the downstream systems are dncirmenfecf as heino designed f,r hullo ut conditions upstream. then ties information snail be presented for the approval and consent of the C'ty P.,l.,;: Works Director. If these criteria are not satrmtied, then the assessment must co ntinue 3 Using a topograph.c map aeta_rmine a preliminary lower limit of the zone of Influence .al_,pra:.:,mately 10%porn'} 4 Using a hvi:troloaic model iaeierrrli is th :''e-aeveiop:nifril' Peak flows and vrslon:ities at escti uns;on beginning at the development outfall and ending at Ins next 'unction beyond the zone of influence'polrlt.The 10%zone Df Influence can be con..aC[eeC to be the point wt:ere the' drai+iere area roritrolled 1+'y the cleterllion Or starai;e facility comprises 10%of the total drainage area Far er:amplee if a structural control drams 1C acres. Vie zone or influence::nos at the point where the tatal drainage area is 10U acres or greater LindevelOped off-site areas are modeled as 'full build-Out for both the pie- and post-development analyses. The disenarges and velocities are evaluated for the three design siorrns. 5. Change the land use on the s.te tc::post-development conditions and rerun the model, 6. Compare the pre- and pcei.':ic.ielopment peak discharges and velocmu-s at the downstream end of the m=•cie r :he post-developed flows are higher than :he pr Csvel ped flows leer: ;i :;:;:rri' ll,.:-1:'j ,:vent o, the post-developed vier cliff•?e ;1,6 hinder than the nllpr. ncl r 'he ownstre•a:n re-elvlr,u;;Ster-:. eater) l;de downstream Repeat dells and 4 l.ttll the oast-development tlows are less than the l,n-d)'elope l f'Cr•vs. and t`li- j .:-•r-r,.vnlop,arl vi tcicili are he low the aIIuwal .- velocity. AIIr]"wabie Velocities are give.,in :rile 3 12 n Section :_.4 open r.:harl•r,els. 7 If shown that no peak flow l!r:r c:.:5 occur downstream and post-developed velocities art cllowable then the cant);, or iS! flood protection volume can by waived by the City Diie"_tor of Public Works. 8 If peak discharges are increased due to development, or if downstream velocities are erosree,one of the following options are teqdurea. Prci,lcie an acceptable design to reduce the flow elevation add/or velocity through chat ine'or Pow conveyance at"Ucl.cre syr rrovei nests downstream or D.trgri an ail-site srrortoral faciiity such that irre post de.veioprnent flows do not increase the peak flows. and foe velocities are not erosive at the outlet and the determined junction locations t-I PAGE 65 OF 117 PAGES AGENDA ITEM NO. 7.A 3.3 HYDRAULICS 3.3.1 Streets Gutter Flow The Citv has chosen I::: 1,=le:.ct_,cla t I;v i i,.=:alr.aight crown cross section.. Design guidance on gutter flue, r ;r ;:;l..l:::; r ;.y be obtained from the Federal Highway Administration's Urban Drainage Design Formula The following farm of Manning's Equation should be used to evaluate gutter flow hydraulics: Q»[O.56/n]Sx313 SS1'2 T8'3 (3.10) where: 1 Q = gutter flow rate,cfs Sx = pavement cross slope,ft/ft n - Manning's roughness coefficient S = longitudinal slope,ft/ft T = width of flow or spread,it Manning's n Table Table 3.9 Manning's n Values for Street and Pavement Gutters Type of Gutter or Pavement Manning's n Concrete got:er tro vveeled finish 0.014 Concrete gutter with Smooth adlcinirtg pavement 0 015 Rourgli(broom finish'adiorning pavement 0.0-18 For gutters with small slopes,where sediment may accumulate, increase above values of n by 0.002 Stormwater Inlets Inlets used for the drainage of pavement surfaces can be divided into three major classes • Grate Inleis—These inlets Include grate inlef5. Of Ei'I s:ve.riinra Irl the:j fitter r:rwered by one or more Testes. and slotted inlets oorsrsting of a pipe cut along the lOnlituGrtiai axis with a grate or spacer bars to form slot openings • t:-irb-Llt:ening Inlets—These inlets are veilic-el openings in the curb covered by a top slab • Comb.nation Inlets —These inlets usually' consist of both a curb-opening inlet and a grate inlet placed in a s,de-by-side configuration, but the curb opening may be located in part u!+ trenin if fht_grate The 'Gee../ of Wichita Falls iedtLrres the use of curb type rilets. H„weviei grate inlets may be alaower! in certain nesy_1n situariins with the prior ?apl::rr,val of the City Pubic \Mortis Director The Cliy of Wichita Falls requires Thar any des:an us0a prate inlets must reduce that calculated i;apacit:y of the!.rate by 50%due to the procair lity et debris.ciciggir Ic the Inlet. Iniets may be classified as being on a continuous grade or in a sump.. Overflow provisions shall be provided in sump locations to handle excess stormwater flows that may exceed curb height in 15 PAGE 66 OF 117 PAGES AGENDA ITEM NO. 7.A the event of a storm exceeding the design conditions or if the inlet were to clog These overflow provisions shall not adversely affect adjoining private property. Design guidance for all inlet types of inlet hydraulics may he obtained from the Federal Highway Administration s Ui OHi Draroage Design HEG-2:2 and Iron)AASHTO's Model Drainage Manual. 3.3.2 Storm Sewer(Closed Conduit)Systems Closed cLiinisi systems may be composed of different en the and sizes of conduits (system segment=.) ..s:orirca:Led by appointment structures (system nodes) Segments are most often e: )L:!.can De a box or other enclosed conaa The followng req_iirernents shall be in iv 1...?:?.ign of storm sewers: • acceptable pipe size is 7lL inside dia Inv:sr ction boxes shall be prov,ciec et ali changes in horizontal direction or r:.naniges in pipe diameters, or pipe intersections with a maximum spacing on long rust-of 15DC feet • Preformed wyes may be used only for single leads from an inlet to the main line • Approved piping materials far conduits are: (1) Reinforced Concrete Pipe("RCP')with pipe class determined by depth of cover and loagino conditions installed per City Details, (2) High De.nsiry Polyethylene i; HDPE)with a smooth interior may be user! nil when a Mil-HMI...in of 24-of cover from Finish grade to the top of pipe is provided and the pipe shall be properly er7-1i.>eidcicl in sift:1 accordance vv4ri inailt.4t.acturers spe.AcatIons vial grarle0 gravel Any HEiPE used within five feet(5)of a street pavement edge or under street sections shall be encased with flowa.ble fill on all sides per City details. (3) Poly Vinyl Chloride ("PVC") pipe with a smooth interior surface is allowable Pipe stiffness sha:1 be a minim_im of 42 with actual pipe class determined by depth of cover u.iat ions win not to e:i.sceed 5%deflection Capacity Calculations col ni ii mat he •al'i(r1.:-.f• other times the conduit may flow partially full; t).Lmveveiice design as,...inivi%:1, is t!,.1:. the conduit is flowing full but not under pressure. jar this.aF.,..si..,rripl'on the.Silo s.f i E3C ;-.a same as the slope of the pipe(SS),In Rift i -.•=1- ,:ity of storm°rain pipes for gravity and pressure flows shall be determined by V=(1.486/n)R"S1/2 (3.11) where: V = mean\i'e,:iodiv flQW ft!..$ R = the 1-,yJrai.ilic raniiv f: defined as the area of flow divided by the wetted flow or wetted r:::-rirorer i/vv‘..11=') S = f slope of hydra,Jrc:grade iine itift r ;•i:3"01!fiq's roughness. 16 PAGE 67 OF 117 PAGES AGENDA ITEM NO. 7.A In terms of dischar s the above formula becomes: Q=(1.4881n),4 Ru°Sirx (3.12) where.: Q - r fit_ c cfs A = crosG r;1naI area of flow,ft2 For pipes flnvvin.q fL h tf!s is(-/E)D. and the hydraulic radius Is D14,so,the ehove equations become: V= [0.590 D2jiS"2]!n (3.13) Q m [0.463 D 'DS1'21/ri (3.14) where:. 0 = diameter of pipe,ft S = slope of the pipe=Srhydraullc grade line, ft/ft The Marinlrig"s Equation can be written to determine fr•ct+on losses :ri s':.rrn cnaro ii es es. Hf=[0.453 n2V2L]I[R4i1 (3,15) Hf=[(2.87 n2V2L]1[D41 (3.16) Hf=((185n2(V212g)L]I[©41 (3.17) where: Hr = total Hood loss doe to friction ft(Sr x L) n = Mannmcs roughness coefficient ❑ = Liameter of pipe,ft L = length o`pipe ft V = mean'velocity ftls R = hydraulic radius,ft 9 = accejaratinrr of gravity=32.2 ft/sec2 Table 3.10 Manning's Coefficients for Storm Drain Conduits (HEC 22,2001) Type of Cuiuert C .uodt on �r1 nir s!-t Concrete Pipe Smooth 0.013 Concrete Boxes Smooth 0.013 H D PE Smooth 0.010 Polyvinyl chloride(PVC) Smooth 0.010 -NOTE; The Manning's n values Indicated In this table were obtained In the laboratory and are supported by the provided reference.These numbers should be considered as the best possible for the pipe type. Actual field values for culverts may vary depending on the effect of abrasion, corrosion,deflection,and joint conditions* Minimum Grades and Desirable Velocities The minimum allows to velocity for closed conduits flowing full is 2 0 fps. The minimum slopes are therefore calculated by the modified Manning'sforniula• S=[(nV)2]I[2.208Rq"1 (3.18) Where: 8 = the slope of the hydraulic crane line It/ft n = Manning s rar.Jhness coeffi,i r,t V - mean ve unity or flow Ills R = hydrai.alc radius. ft(a,ea. :Ir idecl r,y „sited lr nireter] I7 PAGE 68 OF 117 PAGES AGENDA ITEM NO. 7.A For circular conduits flowing full but not under pressure, R=D14, and the hydraulic grade line is equal to the slope of the pipe. For these conditions Equation 3.20 May be expressed as: S=2.87(nV)2/D4/3 (3.19) For a minimum velocity of 2.0 fps,the minimum slope equation becomes. S=11.48(n21D40) (3.20) where. D = diameter,ft Maximum Velocities Maxlmmim velocities in storm drains should not exceed 15 fps However. the outlet vetoc+t''shall (icr exceed the velocity of the receiving channel for the same storm event. Hydraulic Grade Line All drainage plans prepared for review by the City shall include hydraulic grade lines indicated on the profile views foi the.sys{ern The energy riraae.line fE(;L'r represent': t!a I a;,'e 'U,'along a channel or conduit narrxing water Total energy Includes elevate n near:: vel:-!cil,f head and pressure head The 10-year storm hydraulic grade I;ie fora c.;:lr: ra .irr.:ii.,it shall be contained within the ctcsed conduit system E=V`/2g+p/v+z (3.21) where E = Total enemy:ft V2/29 = velocity head ft(kinetic energy p Pressure, Ibsift2 v = Unit'weight of•uvater.62 4 ibs/tt' p'v = Pressure head ft(potential energy) z Elevation head,ft(l;oventioi energy) PernouIll's Law expressed between points one(1)and two(2)in a closed conduit accounts for all energy forms and energy losses. The general form of the law may be written as. V12/2g+pity+zi=Va2/2g+p2/v+zz-Hr-ZHm (3.22) Where: Hr = Pipe friction loss..ft !Hm Sum of minor or form lasses,ft An in-depth presentation of the ECI_and HOL na Ici,lations fora closed conduit system is orovided in the Federal Highway Administration's Urban Drainage Design Manual.HEC-22 to which re'eience is herein made. Storm Drain Outtalls AM storm drains have an outlet :adhere fig,/ from the storm drainage system is discharged. The. discharge point can be a natural river or stream. an existing storm drainage system. or a channel which is either existing or proposed for the purpose of cone yina the stcrmwater The procedure for calculating the hydraulic grade line through a sto:rn drainage system begins at the outfall. Therefore,consideration of outfall conditions is an important part of storm drain design. Storm drain outtalls at a transition into an earthen channel shall include a headwall structure and a minimum 10 foot-long concrete apron with turned down footing or appropriately designed rock riprap apron at a rncition into an earthen cha-Riziet-, However,the maximum velocity exiting the outfall cannot exceed the allowable velocity for the receiving channel. Refer to Table 3.12 for allowable velocities. 18 PAGE 69 OF 117 PAGES AGENDA ITEM NO. 7.A Several aspects of outfall design must be given serious consideration These include lire fhawline or invert :.irsice bottom) elevation of the proposed stoirrl drain oi_rtiet. tallwater elevations, the need for energy dissipation and the ooeriiation of the outlet SirtiCti_:re. The flowline or invert elevation of the proposed outlet should be equal to or higher than the flo wine of t'w outfall If this is not the case, there may be a need to pump or otherwise lift the water to the elevation of the outfall Energy dissipation may he reguire.41 to protect the storm drain outlet. A minimum 10 foot-tong concrete apron shall be installed at Inc storm cram outlet into another conveyance The outfall velocity'chat'not exceed that of the receiving stream or the maximum velocities provided in Table 3 12 Protection may be 'e.quired at the outlet to prevent erosion of the outte l bed and banks e;:iprap aprons or energy dissipaters should be provided if high velccities are expected. The orientation of the outfall is another important design consideration. Where practical. the rd'illet of the !.E.itorrn (rain should be positioned in the outfall channel sri that it is pointed in a Jc:•netrealrl direction Thra",rill reduce turbulence and the potential for excessive erosion If the ourfal. Structure cannot be oriented in a downstream direction the potentaa for outlet scour must .. .i:r:ii?rarrec nor e:'Larnpie where a"stoirri drain outfall aiscaarge's..perpenddioulai io the direction of t f the receiving channel care must be taken to avoid erosion on the opposite channel .yank if vros an potentiai exists a channel bank lining of rip-ap or other suitable material should Vio bank Alternatively en energy y dissipatcg stn.ir_ir+r could be used at the storm drain outlet. The tailwater depth or elevation in the storm 3iairi r,urall must he considered carefully. Evaluation of the hydraulic grade line for a storm drainage system begins at the system outfall with the tallwater elevation The starting point for the hrydreulic grade line determination shourd be either the design tailwaier elevation of the average of o itical devil i and the height of the storm drain conduit:(Cr+I2l/2.whichever is greater Coincidental Occurrence If the outfall channel is a river or stream" it m.9'. ;.- iecessary to consider the porit or coincidental probability of two hvdro!ad lc events 0S:i.,rrr',=1 at i'717 lime to adequately determine the elevation of ri rio ;eon, r. r .ri lei ice of the dischargefrr��a'° the storm drainage system can be dun by con-t.,arlson of the drainage area Of the receiving stream to trie area r:;rthe ho'-n dr a:i-arse slager' n-or example it the storm drainage system has a drainage area a"a- stream the peak discharge 'roil-,the storm drainage System nay •:rlif C`l'i a.-. with fl`,c nook discharge from the receiving watershed Table 3 11 proyides a comparison of discharge frequencies for coincidental U7ii urns RQp for tie 2-. 5- 10- '25- 50-. an[: :iti!•via This table can be used to establish an ap'rpr:priate d='blrlr'i tali cater eievation for V":•'"i17 r:17'ainage system based on the expected coincident storm frequency on the outfall channel F:_,, ,=s,:arro le if the receiving stream has a dra;.n0,ge area of 20G acres arid;lie storm-drainage '{ O,,nii`:15'r drainage area of 2 aces the ratio of receiving area to storm drainage area is"00 From Table 31.1 and cinnsde.rine 10-year design storm occurring over both areas the flog: _it:= ,n the main stream r.Ill be equal to that of a tine year storm when iris drainage.system'low Galt-reaches its'till-year peal;ties .ai.the outfall Conversely ;when the now rate In the main channel reaches its 10-year peak flow rate the ilga, rats morn ilia stiirrri drainage systern will have fallen to the 5-yeal peak flow rate discharge This is because the drainage areas are different sizes, and the time to peak for each drainage area is different 19 PAGE 70 OF 117 PAGES AGENDA ITEM NO. 7.A Table 3.11 Frequencies for Coincidental Occurrences 1TiDOT,2002l Area ratio" 2-yeardestar? -year design Main Stream Tributary Main Stream Tributary 10.000:1 1 2 1 5 2 1 5 1 1,000.1 1 2 2 5 2 1 5 2 1 00:1 2 2r 2 5 2 _ 5 5 101 2 2 5 5 2 2 5 5 1 1 2 2 5 5 • 2 _ J 5 Area ratio" f 0-year design, 25-year design Main Stream Tributary Main Stream Tributary 10.000.1 1 10 2 25 10 1 _,5 •,' 1,000:1 _ 10 5 25 10 2 25 5 1001 5 10 10 25 10 5 25 10 10:1 10 10 10 25 10 10 _5 10 1.1 10 10 25 25 10 10 25 25 Area ratio`. 5D-yeardesign I0year design Main Stream Tributary Main Stream Tributary 10,000.1 ? 50 2 100 50 2 100 9 1 l+OI 1 .5 50 10 100 5G 5 100 10 100.1 10 50 100 50 10 - i._:,_• 25 10J:1 25 50 `d,) 100 50 25 100 50 11 >,r. 50 .I ': 100 50 50 :o ".Ill) `The Area ratio la the"atio of the overa:l orrraue,:, :_ I h •._;er.rn.,>:r: rn to the tI rainate area at the facltlty being evaluated There may be instances in which an excessive taiiwaia1 i:auSc-5.l!;:,.,[; 1: •;1k.•.11;[f,s storfrrl drainage. system and Out of inlets and rna iI riles creating l.:ne:•f=?•rind n1:1 htr Laps hazardous flooding conditions The potential for fh:e should be considered Flap gates placed at the outlet can hometlrne$alleviate this ccnd11i n i•otl-CiwiS I. nay c l Iec aaal'y to 1:::.ola Le Hit storm drain `rnrn the olatfail by use.of a!u rip station ill PAGE 71 OF 117 PAGES AGENDA ITEM NO. 7.A 3.3.3 Storage Design General Storage Concepts Storage of stonnwater runoff within a stormwater manooemew system is essentiai to providing the extended detention of flows for water quality protection end downstream streambank protection: as well as for peak flow attenuation of larger flows for t ood protection unoff storage r;8r l',e provider]witriin an on-site system through the use of structural stormwater controls and/or nuristrricl'..•ai features and landscaped areas. Figure 3 2 illustrates various storage facilities that can be corr.;,:::s ;::I ie s; opment site 1 i'i rii •3.2 Examples of Typical Stormwater Storage Facilities Flood Level Dry Basin Flood Level Permanent Pool Stormwater Pond or Wetland Rooftop Storage ............ ❑❑❑ ❑ Parking Lot Storage Landscaped []❑❑ ❑ ❑❑❑ Area OODE 1 i©/a� Underground Vault Underground- Pipe Storage General Design Criteria • C)uta 1 ia1es arid design storms are defined in the City's Stormwater Ordinance; • HEC-HMS shall be used for large project designs(ponds with a drainage area of 200 acres or more); • A primary outlet device and corresponding storage volumes must be designed for discharge of 2 10 and 100 year storms, • Stacie-storage curve or table for the proposed storage facility shall be provided for all cetention designs; • Stage-discharge curve or table for all outlet control structures shall be provided for all detention designs; • Ponds Serving residential development and may not be located located in existing drainage ways must be constructed with pilot channels to facilitate pond maintenance and designed In compliance with section 3.2 Downstream Assessment; ▪ A secondary outlet device(emergency spillway)shall be provided at all facilities and designed to pass the 100-year storm. A minimum of 6 of freeboard is required at all earthen dams or where erosion may occur from overtopping. • Maximum design WSEL shall be at least_12'below the finish floor elevations of nearby structures; • All storage facilities must be able to drain by gravity; 21 PAGE 72 OF 117 PAGES AGENDA ITEM NO. 7.A • Earthen ponds shall have a minimum 0.5%slope across the flow line of the pond bottom and have minimum side slopes of 4:1 or flatter tc�i 1- iJerrtiat ponds.and 3 1 or flatter for .i ,,Wr i:;I detention ponds; • Permanent vegetation shall be established in ail earthen ponds. In those ponds to be accepted for City maintenance,the vegetation shall be a drought tolerant blend containing bermudagrass which is actively growing;covering the pond floor and side slopes-witti 15 fr o "• r'iti 4op of ;and having no bare spots greater that one square foot in size; • Retention ponds shall have a minimum,normal conservation pool depth of two feet un,ess the pond is intended to be stocked in Which case at least 25%of the conservation pool depth shall oe five feet deep or more Measures shall be provided to insuzeensure the aerobic pond conditions are maintained. rly rhat volume existing above the normal conservation pool elevation shall be considered as storage Dschargefoutlet devices shah he designed as with a detention pond; ▪ The maximiim depth of panding in parkins areas shall be 18":however,the developer rriust clearly i €yerdenfify the area of potential ponding over 12"deep with signage and assumes all liability for vehicle damage - Underground systems must gave-be designed adequate r eriway access for cleaning and must be able to drain by gravity: • Rooftop system designs must also include the sigried arid sealed certification by a currently licensed Texas professional engineer that the entire structure(primary and secondary Irarnina)has been properly designed to accommogate the additional stormwater loadings and that the building envelope has been designed to properly protect Thee Interior from water intrusion as a result of the rooftop detention. General Storage Design Procedures The design procedures fo^all structi ral control storage facilities are the same whet he'or not they include a permanent pool of,rater In the latter case the cerinanen: poo':or spit: way elevation is taken as the "bottom' of storage and is treated as i'- t were a solid basin bottom nor routing purposes. ft should be noted than the i ca-con of str_dture:storrnwater controls is yen,Irrlpol taut as it relates to the effectiveness of these facilittes to control downstream impacts In addition, multip:e storage facilities located in the same drainage basin will affect the timing of the runoff through the conveyance system. •v!hch Gourd decrease ci r�Icrease flood peaks in different downstream locations Refer to Section 3.2 for the requirements of a Downstream Assessment. 3.3.4 Open Channels Open Channel Types The three main classifications.of open channel types accorc,ng to channel linings `legible; and rigid Vegetated linings incude grass with.mulch. sod and lapped sod, a-id:•'.r_lard channels. Stone Iiprap and some forms of flexible •nan-made linings or gabions are examples of flexible linings while rigid Iininns are generally concrete or rigid block. Vegetative Linings — Vegetation, where practical, Is the most desirable lining for an artificial channel It stabilizes the channel body. consolidates the soil mass of the bed,checks erosion on the channel surface, provides habitat.and provides water quality benefits. conditions under which vegetative cover only may not be acceptable include but are not limited try • H:gh velocities • Standing]or continuously flowing water • Lack of regular maintenance necessary to prevent growth'rf taller or woody vegetation • Lack of nutrients and inadequate topsoil • Excessive shade 22 PAGE 73 OF 117 PAGES AGENDA ITEM NO. 7.A ProfWI soil preparation, seeding, mulching. ,,,iate'iig Slid any other v o k necessary to the table_hrnerit of rietrithy vegetatinii shall be provded Chss'iners shall riot. be accepted for City maintenance until vegetation is fully established on a minimum of 90%of the channel bottom and side slopes. Pilot Channels - Man-made earthen channels with longitudinal slopes of less than 0.5% or that serve an area where consistent low flows are or may become prevalent shall be provided with a pilot channel per City Engineering standards. Flexible Linings-Ron4 riprap including rubble and gabion baskets, is the most common type of flexible lining for channels. It presents a rofi{lri sL.JrfaGe. Char car, cbssipare energy and rni'ligale increases in erosive velocity These linings ale usually' less expensive than r:oid linings and have self-healing qualities that reduce maintenance. However [hey may regcire !fir- use of a filter fabric depending on the ..inderlying soils and the growth of grass,weeds and trees may present maintenanoe problems. Rigid Linings - Rigid lin.ngs are generally constructed of conccele and used where high flow capacity is required Higher velo'atie: . ricwevei create the potential for$O.Ccit at channel liiumo transitions and channel he.Eidiuflimri. Manning's n Values The choice of Manning's n value can sion:ficantl•v affect discharge. depth.and v'cicc.t'y estimates. Since h,9annin. s n values depend on marry different physical characteristics ci natural and man- rimiaCle cfiarin, is Care n,"gi good engined i a li-idgirient ini-1St t'r exc.icis d in Ihe selection process. Recommended Manning's n values for man-made channels with unlined,rigid• gabron and riprap linm(as are given in the following Table For natural crianriels. Mai;ning's ri values should be estimated owng i?xp.erienced iudgment arc]information presented in put.'lications 5LrCh 5=.the Guide for Seiectlncr Manning's Rc''ughrreaa Coeffrrcreriis for Natural Channe,s and Food Roasts, FHW,A-f '•a'�r.,:.18ie4, FHWA HEC-15, 1988,or.'Prow. 1_it.9. Table 3.12 Manning's Roughness Coefficients for Design of Open Channei; Mannibsis Lenrrrg ype ❑ Camments Max Velocity Grass Lined 0.035 . a Concrete Q Q15 '15 Lined Gabiorrs 0.030 10 =0 u3a5rfr,i'r where s-.,lathe stone size of 10 Rock Riprap Q non wini oh,;,of the s irnirie In,Srn:ilier GRip 0.02a F'vvH. 10 Uniform Flow Calculations Design Aids This manual does not attempt to provide an exhaustive review of open channel design. Following i5 a disCv siori of die eCiiusitoris that can be Used for the design and analysis of open chanriei `low The Fecier rl Highway Asarriinisirafinri Hydrai_ilr: ❑esir_rn Standard manuals love n',ei:eroil5 design charts or noiriographs to aid in the design of rectangular trapezoidal and Irian_,.ular open- channel cross sections In addition.design charts for grass-fined channels have teen deve:opec Numerous software sroigrarris are available fill calculating opera channel flows. All si,it'rnlssior4. of design data to the City must clearly define which programs were used far analysis. 1..3 PAGE 74 OF 117 PAGES AGENDA ITEM NO. 7.A Manning's Equation Manning's Equation, presented in three forms below, is recommended for evaluating uniform flow conditions in open channels Most packaged drainage software utilizes these basic formulae F=f 1.49/n)[ ''S'` (3.23) Q=(1.49hi).4R2`S' (3.24) S=IQ„I(lA9.\R=`)I (3.25) where: v = average channel velocity(ftls) C discharge rate far design conditions(cis) n = Manning's roughness coefficient A cross-sectional area(R2) R = hydraulic radius AIR(ft) P = wetted perimeter(ft) S = slope of the energy grade line(ft/ft) For prismatic channels in the at�cence of backwater conditions the slope of the energy grade line,water surface and channel bottom are assumed to be equal 3.3.5 Culvert Design Overview A culvert is a short closed (covered) conduit that conveys stormwater runoff under an embankment or away from the street right-of-way The primary purpose of a culvert is to convey surface water, but properly designed it may also be used to restrict flow and reduce downstream peak flows The hydraulic and structural desiaans of a culvert must be such that minimal risks to traffic, property damage, and failure from floods prove the results of good engineering practice and economics For economy and hydraulic efficiency. engineers should design culverts to operate with the inlet submerged during flood flows if conditions permit. Design considerations include site and roadway data, design parameters(including shape, material, and orientation), hydrology (flood magnitude versus frequency relation) and channel analysis (stage versus discharge relation). Design Criteria The design of a culvert should take into account many different engineering and technical aspects at the culvert site and adjacent areas. The following list of design recommendations should be considered for all culvert designs as applicable • Storm Frequency Refer to the Stormwater Ordinance. Culverts must pass a minimum of a 10 year event but are also subject to depth of water restrictions over the roadway • Velocity Limitations Culverts are limited to velocities of 15 fps: however the maximum allowable velocity of the downstream conveyance shall not be exceeded. • Debris Control In designing debris control structures, it is recommended that the Hydraulic Engineering Circular No.9 entitled Debris Control Structures be consulted. 24 PAGE 75 OF 117 PAGES AGENDA ITEM NO. 7.A • Headwater Limitations Governed by depth over roadway limitation of the Stormwater Ordinance • Tailwater Considerations Flows must be kept in dedicated easements and at least 12"below dc;wilstrearr. structures. • Culvert Inlets • Hydraulic efficiency and cost can be signifrcarrtly affected by inlet conditions. The inlet.oeft,c+ent,Ke. is a rneas.lre or tie hydraulic efficiency of the inlet,with ir:i' er valises indicating greater eff.cier try Recommended in:e' coefficients are given in Table 3 id • Inlets with Headwalls Heaniwn^ls may be Used for a variety of reasons including Increasing the efficiency of the inlet, providing emoankment stability, providing embankment protection again:=d erosion provldlno p otection from buiryarrl.:y and sholer iriyg the iennito of the reouired structure Headwalls are required for all culverts- and where buoyancy protection is necessary If high headwater depths are to be encountered, or the approach v 'cc:+ty +i7 the channel will cause scour, a short channel apron should be provided ar the toe of the headwall This apron should extend at least one pipe diameter upstream from the entrance, an•o the fop of the apron should not protrude above the normal streambed eleva.tQn. • Winywalls and Aprons winpwalls are used where the side slopes of the channel adjacent to the entrance are unstable or where the culvert is skewed to the normal channel flow • Improved Inlets Where inlet conditions control the amount of flow that can pass through the culvert improved inlets can greatly increase the nydraulhO performance of the culvert • Material Selection Rerifni.::ed concrete pipe (PCP), pre-cast and cast in place concrete boxes are re'::crcm,?', 'r`..r '.is ,.rirrrar a rda!J'-rrr 1,:=j when tripe slopes are less than `c:r cl Ili• sliesims Hph-density polyethylene (l-HL:'PE) pipe may also ::t. L,sac If ci.;.ri :a I,I rhi..,at)I:, r l er.r. :rl;ecIrie,:l trj City derails 'axle 3 12 gilrr ornmended Ma ril"r=c r,,.,:;II ...a'i,r different materials. • Culvert Skews Culvert skews shall not exceed 45 degrees as measured from a line perpendicular to the roadway centerline without approval. • Weep Holes Weep holes are sometimes used to relieve uplift pressure on headvealls and concrete lip-rap. Fiitrai rriaterials should ire use. f In conjunction with the weep holes in order tc intercept the Flow and present tire formation of piping channels thirouol-I t-ie fill emk,aiiiment. The tiller materials should be designed as an un<fert:lrain filter so as not to become rJogged and so that piping cannot Occur through the pervious materral and the weep hole. • Outlet Protection Culvert d,scharges shall be treated as a storm drain outfall. • Environmental Considerations C. Where compatible with good hydraulic endineennh a site should cc selected that wilt permit the culvert to be constructed to cause the least impact on the stream Z5 PAGE 76 OF 117 PAGES AGENDA ITEM NO. 7.A or wetlands. This selection must consider the entire site, including any necessary lead channels. ■ Safety Considerations Roadside '-::.are.;); shr+i.!"•d be considered for oclveds I s41ng under roeciways. Guardra,ls or safety end treatment-may be needed to enhance safety et culvert crossings. The AA.HTO roadside design gc,i+oc should be consulted for culvert designs urrCle1 and adjeeQn1 Id roadways Table 3.13 Manning's n Values Type of Conduit Wail&Joint Oescriotiorl Manning s n Concrete Pipe Good Joints.smooth wails 2 012 Good Joints,rough walls 0.0 t h Pool joints.rough walls 0.017 Concrete Box Good Joints,smooth finished walls 0.012 Poor i-oi„is rauah nntiriishe0'wilIS ID 015 High Density Smooth Lir,er 0 011 Polyethylene(HOPE) co•r,..inetad 0.020 Polyvinyl Chloride(PVC) 0.011 Source' H65 No 5 2001 Nc"" • For further iefrrm tion'concsrn,i,y .f,:,r selected ccc.i,'d': Hy,Jraullc Design of Highway C Ocarij.r-u:u;ral Hiyi,wny Adfi)1,1151,,ii('un,1001 HGS it::,.3 or1g-5 Table 3.14 Inlet Coefficients Type of Structure and 0e,51grtotiEntrante Coefficient rlc Pipe,Concrete Projecting from tin socket end(L7rove-end) 0.2 Prajer:(rN ircni Ii' r..::I:...:1,: r ,r e,rl 0 5 Henri:^." 'I Socket end of pipe(groove-end] 0.2 Square-edge 0.5 Rounded IraJLu =1?12{:D)] 0,2 10 corirornr To ill slope 0.7 -End-Section ro.rforr„ng to fill slope 0.5 Beveled edges 33.7 or 45 bevels 0.2 Side-or slope-tapered inlet 0.2 26 PAGE 77 OF 117 PAGES AGENDA ITEM NO. 7.A Table 3.14 Inlet Coefficients Tyne of Structure and Design of fiance Coefficient.I‘ Box,Reinforced Concrete Headwall parallel to embankment(no wingwalfs) Square-edged on 3 edges 0.5 Rounded on 3 edges to radiusof[1/12(D)]or[1/12(0)]or beveled edges on 3 sides 0.2 Wingwatls at 30'to 75'to barrel Square-edged at crown 0.4 Crown edge rounded to radius of[1/12(b)]or beveled top edge 0.2 Wince valls at 10 or 2.5 to barrel Square-edged at crown 6.6 Vti,ng,Nalls i;a!dllel(extension of sides) Square-edged at crown 0.7 Side-or slope-tapered inlet 0.2 all:-,o!.i•cin ui—or+'.fin;irrtr'''a•✓E•la,..-.v-.rurnrdeierl o K ':al::,>•..f,-y F'rc:i`.rl.}i,ur4 Polyethylene(HOPE1 nines.the K,values 51 CG ncara•' tai pipes Note:°En!J::tctioh conforru''u -'II ::!,t-r metal or concrete. are the sections commonly available from zn�n'Imarl irt,;, Freer Ilm!led hydrar111r.rF.^.;-h,'.'. r p1:`dale.nl !^roeraYrr r,r a he90,...0'1 1n hot),•nler and outlet coned Incarp.r 11nn a'r'asa Cir e: n thkfir ue,.,n h .r. _ r:!. h','cir 1 ;1ti:n. r..:a These latter sections can be designed using the into'n-.atix riven tom the beveled inlet. 'Source' HOS No.5,2001 Comprehensive Design Guidance Cornprehens;ve design discussions and guidance may be found in the Federal Iligrlr:d:�rd AciTilrustra lore National Design Series No. 5, document entitled Hydraulic Design of Higrfway CI.0rerrs• Second Edition, published in 2041. This document is available from this National Technical information Service (http://www.ntis•gov/search/index.aspx) as Item Number OB20031C12411 Search for this document using the Item Number 3.3.6 Bridge Design The following subsections present considerations related to the hydraulics of bridges. It is generally excerpted from Chapter 9 of the texas Department of Transportation (TxOOT) Hydraulics Design Mariva'!dated March 2009. Design Recommendations The design of a bnuge should take into account many different engineering and technical aspects at the orldce site and edacent areas Bridges shah be UlesGaned to pass a 1;iu-year c•:;en ,..nlr: 12' of freeooard between the calculated 100-year water surface elevate^.r anr_i the lowest s.rnij,:turai rneiTrt:n_r Loss Coefficients The contraciiorl Crib expansion of water through the bridge opening creates hydraulic losses, These losses arc, accounted for through the use of loss coefficients. Tai:,lr- _15 gives recommended values for the Contraction(Kc)and Expansion(K.)Coefficients- 27 PAGE 78 OF 117 PAGES AGENDA ITEM NO. 7.A Table 3.15 Recommended Loss Coefficients for Bridges Transition Type Contraction PKri EApansion lK. No losses computed 0.0 0.0 Gradual transition 0.1 0.3 Typical bridge 0.3 0.5 Severe transition 0.6 0.8 3.3.7 ENERGY DISSIPATION General Criteria Erosion problems at culvert, pipe and engineered channel outlets are common. Determination of the flow conditions,scour potential, and channel erosion resistance shall be standard procedure for all designs. Energy dissipaters shall be employed whenever the velocity of flows leaving a stormwater management facility exceeds the erosion velocity of the downstream area channel system. Energy dissipator designs will vary based on discharge specifics and tailwater conditions. Outlet structures should provide uniform redistribution or spreading of the flow without excessive separation and turbulence. Recommended Energy Dissipators For many designs, the following outlet protection devices and energy dissipaters provide sufficient protection at a reasonable cost: • Riprap apron • Riprap outlet basins • Baffled outlets • Grade Control Structures Refer to the Federal Highway Administration Hydraulic Engineering Circular No. 14, Hydraulic Design of Energy Dissipators for Culverts and Channels,for the design procedures of energy dissipaters. 28 PAGE 79 OF 117 PAGES AGENDA ITEM NO. 7.A APPENDIX PAGE 80 OF 117 PAGES AGENDA ITEM NO. 7.A DETENTION FACILITY AGREEMENT STATE OF TEXAS § COUNTY OF WICHITA § KNOW ALL MEN BY THESE PRESENTS This agreement made this the day of , 20_, by and between the City of Wichita Falls, Texas, hereinafter ''City", acting by and through its City Manager, and �E7 , hereinafter 'Owner". The term "Owner" shall include the above named owner, its successors and assigns. WITNESSETH: WHEREAS, Owner is the owner of certain real property located in the corporate limits of the City, more fully described as r--Loa f rDaccripUorF� _and incorporated herein by reference (the "Owner Tract"); also known as " Strect A44 -- and, WHEREAS, the Owner and the City desire that the development of the Owner Tract be in accordance with applicable storm water runoff regulations of the City, designed to promote the health,safety and general welfare of the citizens of the City; NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner hereby agree as follows: ARTICLE ONE In consideration of the City plat and site approval of the Owner Tract, Owner hereby agrees to construct, maintain and repair a certain Detention Facility to be constructed on a portion of the Owner Tract, identified in Exhibits "A & B', attached hereto and made a part hereof for all purposes(the"Detention Facility"). ARTICLE TWO Owner shall construct, maintain and repair the Detention Facility in a condition sufficient to provide storm water detention in accordance with the regulations of the City in effect on the date of this agreement. The Detention Facility and site grading shall be completed in accordance with Site and Grading Plans submitted by Owner and approved by City and shall be completed prior to City's issuance of a Certificate of Occupancy for any building constructed on the Owner Tract. The Owner shall not allow any structure nor allow any modification within the limits of the Detention Facility which will adversely affect the performance of the facility. In the event the Owner shall PAGE 81 OF 117 PAGES AGENDA ITEM NO. 7.A subdivide the Owner Tract into two (2)or more parcels which use the Detention Facility, the owner of each resulting tract shall have the right to perform the maintenance necessary to retain the functionality of the Detention Facility. The maintenance obligation shall be a covenant running with the Owner Tract; provided, however, that in the event any owner conveys its interest in the Owner Tract, such conveying owner shall be released from any and all obligations under this agreement arising after the date of such conveyance. City shall have the right to inspect the Detention Facility at all reasonable times to ensure compliance with this agreement and Owner hereby grants City access to and across the Owner Tract for this purpose. In the event Owner fails to fully perform its obligations under this agreement to maintain the Detention Facility, and such failure continues for thirty (30) days after receipt by Owner of written notice from the City to Owner,City shall have the right to perform the necessary maintenance and receive full reimbursement from the Owner for the reasonable expenses incurred by City in connection therewith. Any notice, request, demand or other communication to be given to the Owner hereunder shall be in writing and shall be deemed to be delivered: if sent by mail,three (3) days following deposit in a U.S. Postal Service receptacle, postage prepaid, as certified mail, return receipt requested; or by (prepaid) national overnight courier service (e.g., FedEx,Airborne, UPS, Express Mail,etc.), addressed as set forth below: To Owner: Qw,• n',^e Owner A.dd Owner City, Sbate,Zip To City: City of Wichita Falls, Texas (Attn: City Manager) 1300 7'h Street P. O. Box 1431 Wichita Falls, Texas 76301. Either party may, at any time, or from time to time, designate in writing a substitute address for that above set forth and thereafter all notices to such party shall be sent to such substitute address. ARTICLE THREE Owner agrees to indemnify and hold harmless the City, its officers, agents and employees from all suits, actions or claims, and from all liability and damages for any and all injuries or damages arising solely from or as a result of Owner's negligence in the performance or failure to perform its obligations under this agreement. ARTICLE FOUR Approval of this agreement by the City shall not create any financial obligation of the City, nor does such approval indicate approval of the appropriateness, adequacy or engineering of the Detention Facility. k 47 19i2I7i 2 ( mid-roi!ial, PAGE 82 OF 117 PAGES AGENDA ITEM NO. 7.A IN TESTIMONY WHEREOF, the parties have caused this instrument to be executed on the date shown above. Owner By: Name Title NOTE: PLEASE COMPLETE APPROPRIATE ACKNOWLEDGEMENT ONLY STATE OF TEXAS § CORPORATE ACKNOWLEDGMENT COUNTY OF WICHITA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of , a rotate of entity's formation—. F jcorporation, limited liability corporation, or limited partnership], as the r-title of officer or and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 Notary Seal Notary Public h�a.rl 9.'2012 {hen.r Iruliais. PAGE 83 OF 117 PAGES AGENDA ITEM NO. 7.A STATE OF TEXAS § INDIVIDUAL ACKNOWLEDGMENT COUNTY OF WICHITA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 Notary Seal Notary Public City of Wichita Falls, Texas By: Paul MenziesDarron Leiker, Assistant City Manager STATE OF TEXAS § COUNTY OF WICHITA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Paul MenziesEtaf -e+k , Assistant City Manager for the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of said City of Wichita Falls, a Texas municipal corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 Notary Seal Notary Public k�arc�rl 0.'2012 PAGE 84 OF 117 PAGES AGENDA ITEM NO. 7.A EXHIBIT "A'' i .. Lm:±cx ..........11..,:,kg 1•]"i•ii Xni.Xlt nt.11 Ax.gm F.A.S.F...7' .I I I I •. .. 4. . . • • .., ) .., • , F • // . • • • ' / .. • Sc ... . • 5 ALICr.jv,. . El• L/"' 4 r. 1 /fill .c1_-•'',,' ,.`f...8. . .. .., „, 'ct •• I i ,,,, % / I. ..,. .. \:. IT! ,• ,i g• H N I • ',"; -. - t ,.. •-. 2 2 .., • , .I, RREIFE, ON.L.5EAN ANIS SLONATIANE ON 11,1i5 ROO FOR THE AHOY(LNOTATED POOLE GT HAH iiC Fr.CEA,.•1:Jc.rA, .. ALENT_IOAL.CONFORMANCE 160TH 5 rektt,IWA TER DESIGN ER L LERFA LA H.. L-,I• 'LI .10-11TA FALLS.AND THE OulrLow FROM MA.•30L-ID 1W EOLENt TEl LLY•.C.5.-.., -1,... ••,,A, 'I.,,-,1•• ,_ LW.5!LARROVEC RN TH,.• •:,I, LIEN. M"...;,"....:•'..4i-—:''''...... '..:.:....L..,L....S-'''''' TOHN DOE EXII/BIT "A" ENGINEERING DETENTION FACILITY Pr.,-E,,,,,, -..-••....,0,-,:•,23-..,, ,L,SUISDIVISION iti AME.,, - , RCViSed 9/7012 ( er In itials................_ .. PAGE 85 OF 117 PAGES AGENDA ITEM NO. 7.A EXHIBIT"B" DETENTION FACILITY—FIELD NOTES A TRACT OF LAND MORE COMMONLY KNOWN AS THE DETENTION FACILITY IS A PORTION OF«LOT, BLOCK,SUBDIVISION NAME»,AN ADDITION TO THE CITY OF WICHITA FALLS,TEXAS,AS RECORDED IN VOLUME XX,PAGE X,WICHITA COUNTY PLAT RECORDS.THE BOUNDARY OF THE DETENTION FACILITY IS MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AEK INCH IRON ROD FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID<<LOT, BLOCK»,FOR THE SOUTHEAST CORNER AND PLACE OF BEGINNING OF THIS BOUNDARY: THENCE SOUTH 00°00'00"WEST XX.XX FEET ALONG THE SOUTH LINE OF SAID«LOT ..TO.A POINT FOR THE SOUTHWEST CORNER OF THIS BOUNDARY; THENCE NORTH 00°CRY 00"WEST XX.XX FEET ALONG THE EXISTING PROPERTY LINE TO THE NORTHWEST CORNER OF THIS BOUNDARY; THENCE NORTH 00°00'00"EAST XX.XX FEET ALONG THE EXISTING PROPERTY LINE TO THE NORTHEAST CORNER OE THIS BOUNDARY; THENCE SOUTH 00°00'00"EAST XX.XX FEET TO THE PLACE OF BEGINNING AND CONTAINING XX.XX ACRES OF LAND,MORE OR LESS. Revised 912012 Owner fniu II, PAGE 86 OF 117 PAGES AGENDA ITEM NO. 7.A ClCrlit fG4 a TEXAS �fci& ki s 4olAei'OrreTteemli PAVEMENT DESIGN MANUAL CITY OF WICHITA FALLS, TEXAS PUBLIC WORKS DEPARTMENT 1300 SEVENTH STREET WICHITA FALLS, TEXAS 76301 Approved by: City Council Effective Date: PAGE 87 OF 117 PAGES AGENDA ITEM NO. 7.A TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Purpose and Scope 2.0 DESIGN CRITERIA 2000 PAVEMENT STANDARDS 2000 Concrete Pavement Section 2000-A Cori rete Pavement Section -revise.0 2010 Asphalt Pavement Section 2040 Alley Pavement Section 2050 CONSTRUCTION JOINTS 2050 Construction Joint 2051 Expansion Joint 2052 Sawed Contraction Joint 2053 Existing Pavement—Tie-In Joint 2060 Spacing Diagram for Joints 2070 Terminal Anchor for Concrete Pavement 2071 Terminal Anchor with Expansion Joint for Concrete Pavement 2100 CURBS AND GUTTERS 2120 6"Curb and Gutter 2121 Curb and Gutter-Mountable 2130 Concrete Valley Gutter 2140 DRIVE APPROACHES PAGE 88 OF 117 PAGES AGENDA ITEM NO. 7.A 2140 Residential Drive Approach—Concrete Street 2145 Residential Drive Approach—Asphalt Street 2150 Commercial Dnve Approach—Concrete Street 2155 Commercial Drive Approach—Asphalt Street 2160 Alley Approach 2165 Residential Drive Approach—With Mountable Curb 2170 Drive Approach—Rural Street 2 :°r+tia‘ rnoved.detail currentlV exists In the Arwjeldk L Zonind Ordinance Chanter 624'1'i 2200 SIDEWALKS, TRAILS AND CROSSWALKS •7"711i] Sidewalk 2205 Sidewalk with 18" Pntaininu Wall 2210 Circle Trail Connection 2400 Crosswalk Striping Plan 2410 Dead End Street Type Ill Barricade PAGE 89 OF 117 PAGES AGENDA ITEM NO. 7.A 1.0 INTRODUCTION 1 1 Purpose and Scope The development of this design manual is authorized by the City of Wichita Falls Subdivision and Development Regulations Ordinance to protect and provide for the safety and welfare of the general public and to ensure the proper development of public infrastructure with the City and its extraterritorial jurisdiction. This manual establishes standard design guidance for pavement development and construction processes within the jurisdiction of the City and is intended to encourage a greater uniformity in developing plans for the City's pavement facilities The design standards described in the following pages are intended to serve as guidelines for the development of pavement structures for local government review and approval purposes;however.the responsibility for the adequacy and effectiveness of the actual design remains with the design engineer and sound engineering judgment must always be applied. Users of this manual should be knowledgeable and experienced in the theory and application of pavement engineering principles. Any deviation from the requirements of this manual must be approved by the Director of Public Works or designee. 2.0 DESIGN CRITERIA: PAGE 90 OF 117 PAGES AGENDA ITEM NO. 7.A a 6 I- yt� Ga 4.0 cif r§ STREET VADTH FACE TO FACE ry CONSTRUCTION J01NT OR SAWED LONGITUDINAL CONTRACTION JOINT. SEE APPLICABLE DETAILS. OPTIONAL MONOLITHIC MOUNTABLE 12' (TIP BOTH SIDES) CURB AND GUTTER,LOCAL RESIDENTIAL STREETS ONLY: SEE MONOUTHIC r CURB&TIJTTER. APPLICABLE DETAIL SEE APPLICABLE DETAIL -777.47-7 LNAE STABIUZEO SUBCRADE REINFORCED CONCRETE PAVEMENT. (ITEM 301.2}COMPACTED TO BARS PLACED AT 1/2 DEPTH. 45,E ASTM D-696 GENERAL NOTES: 1• CONSTRUCT Er,ANSION AND CONTRACTION JOINTS AT INTERVALS SHOAN ON SPACING DIAGRAM.FOR t it JOINTS.SEE APPUCABLE DETAILS, Ti 2, ALL CONCRETE MUST DE CLASS•C'(COMPRESSIVE STRENGTH T 3600 PS 0 2B DAYS), E 3, SEE PORTLAND CEMENT CONCRETE PAVEMENT, ITEM 303 OF THE STANDARD SPECIFICATIONS A I. ALL EXPOSED CONCRETE SURFACES MUST SE CURED IN ACCORDANCE 0TH ITEM 303,7.7 CF THE a v&5 STANDARD SP ECIF,C ATONS. m i{ 6, (;ACKFTLi FROM 9ACY. OF CURB TO RIbHY OF WAY LJlJE MUST NE COMPACTED TO SOS CF ASTM D-699. E o N. SUB GRADE PREPARATION MUST CONSIST OF LIME STABILIZATION IN ACCORDANCE VAIN ITEM 301.2 OF THE STANDARD SPECIFICATIONS, SPRIJEE AT A RATE OF 30 LNS./SG.YD.. COMPACTED TO 951E ASTM a�i 5 D-696. d3� r,. 7, FLEXIBLE BASE OF SAME THICKNESS MEET ND REQUIREMENTS OF ITEM 301.5 OF THE STANDARD SPECIFICATONS MAT BE SUBSTITUTED FOR UNE STABILIZED SUBGRADE. ,S 2 PAVEMENT SUDGRADE STEEL STREET CLASSIFICATION STREET WIDTH THICKNESS THICKNESS REINFORCING $ LOCAL RMDENTIAL STREET 30'FACE TO FACE 6•CONCRETE 6"TREATED SUBLTRADE /4 BARS O 16° .E LOCAL INDUSTRIAL/COMMERCIAL STREET 36'FACE TD FACE 7'CONCRETE 6' TREATED SLIBGRADE 114 BARS S 1D'2.C.E.W. YSi u MINOR&MAJOR COLLECTORS&ARTERIALS GRFR MANFJ,TAN 36. g•CONCRETE 6'TREATED SUNGRADE S5 BARS 0 FACE TO FACE Eta 2n � CONCRETE PAVEMENT SECTION NOT TO SCALE Wso Y 1 CITY OF WICHITA FALLS,TX CONCRETE I.§ PAVEMENT STANDARDS ENGINEERING DIVISION PAVEMENT SECTION E SEPTEMBER 2023 DETAIL NC. 2000 5 m.5 PAGE 91 OF 117 PAGES AGENDA ITEM NO. 7.A 6 F VI 2 F L1 STREET WIDTH I FACE TO FACE 8 CONSTRucT1ON JOINT cc SAWED LONGITUDINAL CONTRACTION JOINT. SEE APPLICABLE DETAILS. !?P'IONAL MOTTO HIT ROJNTARLE 12"(TIP BOTH S.CIEES.j - .- CURS AHD TUTTR, LCCUL RESIDENTIAL STREETS ONLY. SEE I APPLICA9LE DETAIL. MONOLITHIC 6"CURB&01JT7°R._ SEE APPLICABLE DETAIL. .';_/F T s } i 3 r ..N LIME STABILIZED SUBGRADE REINFORCED CONCRETE PAVEMENT. (ITEM 3131.2)COMPACTED TO BARS PLACED AT 1/2 DEPTH. 95R ASTM D-698 GENERAL NOTES: - 1 1. CONSTRUCT EXPANSION AND CONTRACTION JOINTS AT INTERVALS SHOWN ON SPAC:IIT T ,,,, w '. nc' JOINTS SEE APPUCABLE DETAILS �' 2. ALL CONCRETE MUST BE CLASS"C"(COMPRESSIVE STRENGTH OF 3600 PSI C 2B DAYS). g V 6 E. SEE PORTLAND CEMENT CONCRETE PAVEMENT, TEN 303 OF THE STANDARD SPECIFICATIONS. D E... ALL EXPOSED CONCRETE SURFACES MUST RE CURED IN ACCORDANCE WITH ITEM 303.5.7 OF THE 2E! STANDARD SPECIFICATIONS. }c n E 5. BACAF1LL ERCM RAN OF CURB TO RIGHT OF WAY LINE MUST BE COMPACTED TTr}Sti%DE AST4 0-RR& L1w as 6. SUB GRADE PREPARATION MUST CONSIST OF LIME STA@II32AilON IN ACCORDANCE WITH Mal 301.2,OF THE STANDARD SPECIFICATIONS.APPIJED AT A RATE OF 3D LBS./SC,17., COMPACTED TO 05%ASThI o I E D-698. Po 7,. FLEU18LE BASE OF SAME THICKNESS µEERNG REQUIREMENTS CF ITEM JO1,5 OF THE STANDARD SPECIFICATIONS MAY BE SUBSrITLITTD FOR LIME STABILIZED SUBGRADE. kk9 E wd 6 STREET CLASSIFICATION bIHtLT WDT11 PAVEMENT SUBGRADE STEEL THICKNESS TRICKNESS REINFORCING - flR/4 BARB O 24"Q.C,E.W, 5 LOCAL RESIDENTIAL STREET 30'FACE TO FACE 5"CONCRETE 8' TREATED SUBGRADE BARE 0 T9'O.C.E.W .1.-".1 µ LOCAL INDUSTRIAL/COMMERCIAL STREET 36'FACE TO FACE T CONCRETE 6'TREATED SUBGRAADEE r #4 BARS 0 18'C.C.E.W. u L2 a" MINOR&MAJOR COLLECTORS&ARTERIALS GR ER EAT THAN SB' e"CONCRETE E.TREATED SUBGRADE f5 EARS 0 19'O.C.E.W. FACE TO FACE. >., w2p g yp_ n I-v m• 0 CONCRETE Y o_Isr PAVEMENT SECTION - by v NOT TO SCALE .UA ;S= CITY OF WICHITA FALLS,TX CONCRLIis e 5 PAVEMENT STANDARDS ENGINEERING DIVISION PAVEMENTSECCIc� 3$8t - N E'" JULY 2024 DETAIL NO. 2000-A a1-52 PAGE 92 OF 117 PAGES AGENDA ITEM NO. 7.A F, 6 LA v Ir z LZj J STREET WIDTH FACE TO FACE TYPE D OPTIONAL MOUNTABLE CURB PAO SURFACE(ITEM 302.9) CUTTER, LOCAL RESIDENTIAL 12 (reP ITPTN 9DE5,) STREETS ONLY. SEE APpLICA9LF DETAIL 0"CURE*ourrai DETAIL SEE APPUCAERE DETAIL_ e" 1r4'/Fr 1/a• r • S LIME STARU2E0 ITEM 305) TYPE B H.M.A.C- PRIME COAT(ITEM 302.7) COMPACTED TO sAX AS D-BBS (ITEM 302S) MC-30,0.2 GAL/SO YO MN, a GENERAL!VOTES; ; c`d 1. AFTER CT F F;x;:, 1'T P—C MUST BE WITNIN 1/4'T9 I/2'ABOVE TOP OF UP OF[,MITER, $ 2. STE nL:r-i•r.i_'Pc�.cn�f NT, ;T,.1 302 OF THE S'AHOARO SPEDCATIONS. E 3, BACK.FILL FROM 9AC•: CT CLR9 TO R,GH' OF WA LINE MUST BE COIAPACTEO TO 90x Of'ASTIA D-BB& • V E'k 4. SUB ERASL PREPARA'. .".I CILT CCI,SIET OF LIME]TABILIZATIOR IN ACCORDANCE WTH ITEM 301.2 OF THE v g c STAHUAR3 SPECIE 1P..IOrIS A;-CULT) AT.A :ATE OF 30 LBS./S].YD., COMPACTED TO S5x ASTM O-BB& z }� & FLLLRLE SASE 7. nME z-�4�'I,E TE. LICUC,N4 RE CUI RE M EN TS OF ITtli 301.0 CV THE STANDARD n C CATIOHT. VP:. 9' iJNTCT.l`_D FG'[LIME STADIu.ZO iUHLRASE. Eao 0. TF£ T'r=E"B"ASPHALT UNi,ER i.E.CURB AND CUTTER MAY BE ElJ ID l/INAT BY ADDITIONAL THICKNESS OF COI•.:R£TE GUTTER TO MATCH ATI,!ALT PAVEMENT SECTION. y w L7 SURFACE COURSE BASE COURSE SLISCRADE o- ST1:i_.,.r CLASSIFICATION SURFACE THICKNESS THINNESS LOCAL RESIDENTIAL Sint lb 7 TYPE D H,M,A.C, 4"TYPE 8 H:MA.G B" TREATED SUBORADE LOCAL INDUSTRIAL/COMMERCIAL STREETS 2' TYPE.D H-M,A.L`, B'TYPE H H,M-A.EL 8' TREATED SUB[7RADE o• n ARTERIAL STREETS 2'TYPE B H.M.A.C. 8'TYPE B H.M.A.G 8'TREATEN SSJBCRADE P E MINOR 4 MAJOR COLLECTOR STREETS .a 2 0 8e 1 b 2 ASPHALT 2 0 PAVEMENT SECTION -E NOT TO SCALE Wso ;I; CITY OF WIC}II.TA FALLS,TX ASPHALT PAVEMENT STANDARDS ENGINEERING DIVISION PAVEMENT SECTION 5` E L SEPTEMBER 2023 OETAJL NO. 2010 o m n PAGE 93 OF 117 PAGES AGENDA ITEM NO. 7.A E al a 6 p u I- 1— z 0" N r w 11' e (P.P.) IQ' TYP. 8"(TIT-7 W19RMN0 SPACE t ) WORKING SPACE BACIVILL TOWARD ALLEY _ {O 1/4"PER FOOT 1 7'MIN. THICKNESS -LYf/ 8'MIN.THICICNE55 e c #4 BARS 6 12"O.C.EW: REND BARS TO'ATOM BARS PLACED Al 1/2 DEPTW_ SLC E OF ALLEY , G"LIME STABILIZED SDBCRADE (ITEM 301.5)COMPACTED TO 557e PORTLAND CEMENT l Agm 0-546 CONCRETE PAVEMENT 111 E'2- GENERAL NOTES: Iv E w 1. SEE ALLEY PAVING ITEM 303.6 OF THE STANDARD SPECIFICATIONS. .c z ' 5. SWB CSSETE PREPARATION MUST CONSIST OE 8"LIME STARILILATION IN ACCORDANCE IATTFI ITEM _ 301.2 OF THE STANDARD S F:C PEC ATIONS. APPLIES AT A RASE OF 30 LBS./PER SO,Y0.. EaE� COMPACTED ID' RED ASTM 0-695. e_v. 3. 6" INCHES OF FLE7alLE RASE MEETING; THE REQUIREMENTS OF ITEM 301.5 Of 11-E STANDARD SPECIFICATIONS,MAY RE SURRCTTUTEU FOR LIME STABILIZED SUBORAOE, r� 4. ALL CONCRETE MUST BE CLASS'C"(COMPRESSIVE STRENGTH OF 3®W PSI 0 ED PAYS). 161 5. ALL.EXPOSED CONCRETE SURFACES MUST RE CURED IN ACCORDANCE WTTH ITEM 30,1.5.7 OF THE 3 514150ARD SPECIFICATIONS. E5 6. EXPANSION JOINTS MUST BE PLACED AT EACH END OF THE ALLEY AND AT MAX,SPACING OF MO. LL$8 7. OACKFILL CO STANDARD ADJACEN1 TO CONCRETE CODES TO A MINIMUM OF SON PROCTOR(ARTU E D-666)IN S"INCH LIFTS. I i 8 B. CONSTRUCT EARED CONTRACTION JOINIS AT I5'INTERVALS. a�a n- L`a$ ,.2 5 -'Sa 8.7 ALLEY PAVEMENT SECTION T.. NOT TO SCALE iat- wG u T , Y CITY OF WICHITA FALLS,TX ALLEY -6,21 PAVEMENT STANDARDS ENGINEERING❑IVISION PAVEMENT SECTION 0 E t SEPTEMBER 2023 DETAIL NC. 2040 o�m,P PAGE 94 OF 117 PAGES AGENDA ITEM NO. 7.A E i q g JOINT SEALANT 1/8"SIELOW SURFACE,8EE �`t/`, F. T,DOT PUOLJCATION OY15-53T0,USE A CLASS a 5 OR CLASS 9 MATERIAL x • o Sy I immilso yT MIN. J DEATFI 111 CLOSED "ELL EUPANDEC , FE1':YETHYLENE FOAM yr 9ACI4ER ROD ., I JOINT SEALANT .,:.4^!1 n:.a.1I ,/6- 1= K.:L'H SURF AC.':, SEE 1n-31.l:A.1-.2N^M -1LT,7 _L„ A .,.:155 1/4 or:a.,SS S 1.I1,1•.F+IAL. DEPTH °R a DEPTI-I L .. . . 1. '9 FIRST POLO ' 1 " A_SEE 1'•7JR Ek _, _ a cw jCONT1NUOUs + 15"NIN, PYERIJIP-4 p p ry .L5 REINFORCEMENT!po ©3 E [83 w` GENERAL NOTES: 1. She.CONSTRUCTION JOINTS,ITEM 3D3.5.4.4 OF THE STANDARD SPECIFICATIONS. r8 a.aE5 p„.. '"b vS g20 b CONSTRUCTION JOINT 2-5 0 P:VT TO ECALL . wi:u r CITY OF WICHITA FALLS,TX CONSTRUCTION 3OFNT o W§ PAVEMENT STANDARDS ENGINEERING DIVISION 0 E t SEPTEMBER 2023 DETML NO. 2050 n o�m. PAGE 95 OF 117 PAGES AGENDA ITEM NO. 7.A s n aa di it S4 OiFORME1I BARS. SLEEVE OPPOSITE ENO „DINT SEALANT 1 IS'9ELOw SuR;ACE, OR SEE TxOOT PVSUOA:<ON. 18" #4 SMOOTH BARS, 0MS-010,USE A CLASS 5 OR CLASS B. GREASE OPPOSITE END AT i1"C.0 1/2' MIN. OEPTH I 1 c/a DD 11 Aa �5 CLEARANCE t5 1/2'REFLEX ROBBER EXPANs10N `T'¢ JOINT MATERIAL OR CLOSED CELL v v EXT5{IDED POLYPROPYLENE FOAM E JOINT MATERIAL i c= !rE nS a GENERAL NOTES: 1 LL • SEE EIIFANSION.XXNTS,ITETI .303.5.4.E OF THE STANSAFC AF'EE,FIrAlioNs. 4572 (TOWEL SASS MEAT FIE ACEOLIATEL:r ARACED%'IT DUFF-BASKETS TO ASSURE THETWILL BE MAINFAINEO PERPENDICULAR AND LEVEL TO,101N'DURING P:ACEMEvT OF OLSJCFTET_.. sN$ Lf 4 b Tv� -02 S EXPANSION JOINT NOT TO SCALE aa; CITY OF WICHITA FALLS,TX o PAVEMENT STANDARDS ENGINEERING DIVISION rxPn NE v.tilt lw JOINT SEPTE IBER 2023 DETAIL aC• 2051 PAGE 96 OF 117 PAGES AGENDA ITEM NO. 7.A 0.. 0 M i A JDINT 4£ALANT ter BELOW SLIRFAtr,SCE G T DOT PODUCATICN DMS—B IO,NSE A CLASS ••r-^.1/4° tA B DR CLAS8 I MATERIAL iI} CP DEPTH. w .2 DEPTH n lir n MIN. jpii. :I. ., CLOSED CELL EXPANDER a ° .1 POLYETHYLENE FOAM BACKER RoD JOINT SEALANT JOINT SEALANT 1/r BELOW SURFACE,SEE VOLT PUBLLCATIDN CMS-8310,USE A CLASS 1/4 5 CO CLASS B MATERIAL. DEPTT -._ -1- . _ , 1 „ 1,7, , _, �`E i 1/2DE Th d E i05 i 3 p CONTINU01IS REINFORCEMENT rrn ©'3y U3 45 GENERAL I ONES: i$E I. SEE CONTRACTION JOINTS.ITEM 3D3S_43 OF THE STANDARD SPEDFICA1ICNS_ vE ar..aE s ay r,o gSo I.'" b SAWED CONTRACTION JOINT 2$ e NOr TO GLAD s W o� o ' Y CITY OF WICHITA FALLS,TX SAWED CONTRACLSON f o a § PAVEMENT STANDARDS ENGINEERING DIVISION JOINT 3 E. SEPTEMBER 2023 DETAIL NO 2052 PAGE 97 OF 117 PAGES AGENDA ITEM NO. 7.A Li n JOINT SEALANT 1/8"BELOW SURFACE, SES r 1/4" TROOT PUBLICATION OMS-UM,USE A CLASS i 1 5 OR GLASS B MATERIAL AL 4 W F 1/2' 1/4 MIN. I �H T La *A V F CLOSED CELL.EXPANDED POLYETHYLENE FOAM BACKER ROD I n r JOINT SEALANT JOINT SEALANT I/le TO BELOW SURFACE,SEE /-Tr04T PUSlJCA110N DMS-5310,LISS A CLASS 1/4 _ �� 5 OR CLASS A MATERIAL. DEEI*1 I II OEPTr L. . __. • FIRST POUR M IiTI---- .. L:,SECOND POUR 7 n CONTINUOUS 1/2' REINFORCEMENT 15"now. OVERLAPS OE PT14 USE WHEN EXPANSION JOINT IS NOT REQUIRED �T} 1M p� t'ag Cl. /3.-Y Dv- Nr.4 SMOOTH BARS AT Ir O.C. JOINT SEALANT i/B-SE,OW SURFACE. `E CREASE THIS END(CENTERED IN SLAB) SEE TVDOT PUBLICATION. hMS-A310,USE A CLASS 5 OR CLASS S It! 1jr MIN. DRILL 1/1 X ID"doLE FL.i aE r SNVI FT OF DOWEL I G- ovaoP � ' 4 . DEPTH ° izgU�° L. NEW 90NCRETE PAYEM=NT EXI ET INC CONCRETE PAVbAENTJ , .... ...: w` - 1'CLEARANCE vg 1/2"REFLEX RUBBER EXPANSION EE JOIN1 MAIENIAL CR CLOSED CELL o.a a EX IROIDE0 PO ',PROPYLENE FOAM JOINT MATH"AL. E.If, USE WHEN EXPANSION JOINT IS REQUIRED .n- f;8 GENERAL NOTES: r, o a2 o I. IF EXPANSON JOINT IS NOT REWIRED,INSTALL PCK CONSTRUCTION JOINT DETAIL 1tr �n c`v 2. SEE EXPANSION JOINTS, ITEM 303.5.42 OF THE STANDARD SPECIFICATIONS.. W EXISTING PAVEMENT g. TIE-IN JOINT Ws; N[.1 TOSCALE rY i CITY OF WICHICA FALLS,TX EXISTING PAVEMENT l o'1 PAVEMENT STANDARDS ENGINE ]Q ENGINEERING DIVISION TIE-IN INT - a0 a 3 E" SEPTEMBER 2023 DETAIL NO. 2053 6,-mw PAGE 98 OF 117 PAGES AGENDA ITEM NO. 7.A p n MINOR COLLECTOR LOCAL INWSTRkAL/COMMERCIAL ST. LOCAL RESIDENTIAL ST. EZPANSION.10INTS(SPACED 250'MAXIMUM; LOCATE AT q CONSTRUCTION JOINT MO rNTERSECTW e]NS, P.C.'S. P-T'S, CUL-DE-SACS&KNUCkLES} OR LONG1TUOINA1- s CONTRACTION JOINT. ¢ I RIGHT CF WAY SAWED TRANSVERSE a .. 1 CCNTRACTrLNS JOINTS L a ■iiima ► 11 II....■MM■N 4 i••■■■■11■■■i111 ■■ r ■■iu•• u1 0. \. __ CUISTRUCTION JOINT DR SAWED TRANSVERSE ■■ Rr0-IT OF WAY LONafl1NFNL CDNniACnITN CONTRACTIONS.JOINTS JOINT.EVENLY SPACED. I -1111111 34'-35' I RICHT OF WAY SAMFD YRAN 5+eER5E CONTRACTIONS JOINTS LOCAL RE90CNTIAL ET. LOCAL INDUSTRIAL /CT1MMEFCIAL Si. MdNI]R CGLLEC-OR iA 1aR 40'FLOWLNE RADIUS NO FLOWLMNE RADIUS c• c o - - MANSION JOINT iiL io- I tea : � is a . i JP; TIM 3O'R €L▪ ' I 10'ft Tp'A I o ExPAN9GN JOINT I EXPANSION JOINT �_ ▪'T gig CUL--OE-SAC KNUCKLE 9 "Y• GENERAL NOTES: �o. E n a 1 SAWED TRANSVERSE CONTRACTION.LOIN IS MUST SE SPACED AT IS'MAX SPACING. d SPACING DIAGRAM FOR JOINTS E�3 NOT TEl SCALE -Eio t'£i CITY OF WIC I-IITA FALLS,TX SPACING DIAGRAM FOR JOINTS PAVEMENT STANDARDS ENGINEERING DIVISION SEPTEMBER Z023 DETAIL ND. 2060 EI`A o PAGE 99 OF 117 PAGES AGENDA ITEM NO. 7.A /_ a a e 4 E 6 § t w O _ x r a a - 4 r r.r T., _...MR. rrt k B• J ! t • PAVEMENT 6" —I • I PAVEMENT SLAB STEEL I I L SLAB STEEL 1' .r 1 p I ' 3.-0. P-4* .1I _L a c eC.-G EZEAR 1 F Ii S 3 !IS TRANSVERSE BAR `T'2 E 9-8 (TTP.OF 8 PER ANCH ) E . z c_ CiENF.RALNOTES; e.4 I. PE AILS T5 TO PR0E4ENT SEAS WIDTH, T1;IORNIESS,AND CROWN _ rRO .—.S_CPE MUST BE AS RHONN ELSEWHERE ON IHE PLANS. pSE *y 2. IHE CGNCRE'E PAVEMENT SLAB MUST CONTINUE ACROSS THE ANCHOR p,Q LUGS At;E:HfiN'Y P¢ 3. N-'hFDRL IND FOR THE ANCHOR LUCE MUST BE STEEL GONFOREIING TO CG 3 ASTM CES.ONATOL 4615. GRADE SO OR A-616,GRADE 80. AU_STEEL MI• C LUGS AND SUPPORT =LAB L1U5T BE/5 BARS. 4. `AWCI+T TRANSVERSE CUI:TGACT17N JOMITS HILL NOT HE PERMITTED MITHIN LL.C THE LIIJIIS OF THE ANCHOR LUGS WITHOUT THE APPROVAL OF THE. o$S E.NG:NEEk. 1E v 5. FOR CONCRETE PAVEMENT SECTION SEE APPLICABLE DETAIL i.sZ' N,▪a u n- �B T a,o "52o 8." l d TERMINAL ANCHOR FOR CONCRETE PAVEMENT m I:TT TO SCALE E▪Ew -R▪E; . £; CITY OF WICHITA FALLS,TX TERMINAL ANCHOR FOR. 6 v§ PAVEMENT STANDA IWS ENGINEERING DIVISION CONCRETE PAVEMENT E L SEPTEMBER 2023 DETAIL NO. 2070 nAo . PAGE 100 OF 117 PAGES AGENDA ITEM NO. 7.A u .,. e a 4 E x6 d U EXPANSION JOINT WITH la' 0 1'-6" 74 SMOOTH OONEL BAR 6 ON 16"CENTER CA z a ,...,..:-...,..- II ta. IL._.i-f, E ...111fff w ill 4s/yya -\\L' PAVEMENT 'aI PAVEMENT SLAB i.1L E 1 SLAB STEEL I 0.1 r _I I 1' I A. . ,j i f5 BARS @ I y,� 7"C—C CLEAR _ 0 3,� s E, !S TRANSVERSE BAR D2 E I_ff• _ {TIP.OF B PER ANCHOR) z 0= T=a 1 GENERA!.NOTES: e:°I I, DETAILS AS TO PAVEMENT SLAB MOM. THIGF,NESS. AND CROWN GROSS—SLOPE A+L'ST BE AS SHOWN ELSEWHERE ON THE PLANS, F o p';y R. REINFORCING FOR THE ANCHOR LIDS MOST BE STEEL CONFORMING TO �g'a LUGS DESIGNATION A61S, GRADE ID OR A-616, IARADE 60. ALL STEEL IN WGS AND SUPPORT SLAB MOST BE/5 BARS. )61 3. SAWYCUT CONTRACTION JOINTS WILL NOT BE PERMITTED IMTHIN THE LIMITS 2 OF THE ANCHOR LUGS YIIT1-00T THE APPROVAL OF THE ENCINEER. 4. SEE CONCRETE PAVEMENT SECTION AND EXPANSION JOINT,BEE APPLICABLE o X C DETAIL tv, is' PE` Ca_ '.B $ps TERMINAL ANCHOR WITH EXPANSION,POINT d` FOR t CONCRETE PAVEMENT -E '" NOT TO SCALE CITY OF WICHITA FALLS,TX. TERMINAL ANCHOR WITH EXPANSION _ v PAVEMENT STANDARDS ENGINEERING DIVISION JOINT FOR CONCRETE PAVEMENT E- SEPTEMBER 2023 CETAIL.NO. 2071 n ,.o PAGE 101 OF 117 PAGES AGENDA ITEM NO. 7.A m Tc 1/4'R 18' 8' A`4 J68AR5 618"O,G - 16" �p 3 EA. - M4 ' BARS CONT. 1' 6' 8' BACBFLL.WITH SUITABLE MATERIAL COMPACTED iii TO 90X ASTM 0-NBB --- _ 12• AND DRESS FROM BACK OF CURS TO RIGHT-OF-WAY LINE 6' ROADWAY -' S. .. J /. / / ... 4 3' 12' itg * a.n4 .. v SUBCRADE(PER STREET CLASSFICATTON] COMPACTED TO 95%AS PER ASTM D-596 zQ tI3 GFPIF±%AI.NOTES: o I. DOWEL REINFORCEMENT 6'INTO EIOSIING CURB AND GUTTER. S CONSTRUCT If'2'EXPANSION JOINTS AT 250'ON CENTER,INTERSECTIONS, PTS&PCS,AND CONTRACTION JOINTS AT 15' ON CENTER. o 3, SEE CONCRETE CURB&GUTTER,ITEM 3OPi1 OF THE STANDARD SPECIF1CA110N5_ S 4, ALL CONCRETE MUST BE.CLASS•C"(COMPRESSIVE STRENGTH OF 3600 PSI!2B DAYS). 5. SAND WILL NOT BE ACCEPTED AS COMPACTED SURCRADE. SAND WILL BE ALLOWED FOR LEVEL-UP ONLY (2'NA7f.). n H. MATCH PAVEMENT THICKNESS WEN PLACED MO4JOUTHIC WITH CONCRETE PAVEMENT, a a 1. PROVIDE 1'CUTTER DEPRESSION. avo a 6" CURB AND GUTTER = w NOT TO SCALE a a CITY OF WICH-EITA FALLS,TX 6"CURB AND GUTTER 0 a PAVEMENT STANDARDS ENGINEERING DIVISION SEPTEMBER 2023 DETAIL NO. 2120 nI`mw PAGE 102 OF 117 PAGES AGENDA ITEM NO. 7.A R 1.i¢ I- x 4 v 24' +.- tx F I 12' 8 4. o 12" FIAT .. SECTION MIN.3'COVER OVER STEEL IN TOP OF CURB. v f0"R I�!"R 2" (TYP.]. 1 3 EA- _ OARS cOHT. FLOW'LINE -1D"R .. OF GUTTER .Fr - • ' ''TH ' .. ° 'i BACKFILL MMTH SUITABLE RDAbYfAY r / `�,. LIATERIAL COMPACTED B.. A• - . I TO NO%ASTM D—.QN • 12' AND DRESS FRDIA BALM 1 �' � - - Z. J'- 8' OF CURB TO T I - RIGHT-OF-WAY LINE " / '_l�F 1 ..' -- - 3^ 12' - I al 5`. SUMGRAIE(PER STREET CI AS9F1CATIOH)COMPACTED TO ft 1B" MARS C 1S"O_G `T'2 135S AS PER ASTM 0--6B8 1E'k is t3P o ©;i GENERAL NOTES: Ti 6 1. DOWEL REINFORCEMENT 6'INTO EMS TING CURS AND GUTTER. i = 2. CONSTRUCT 1/2"E%PANS1ON JOINTS AT 250'ON CENTER,INTERSECTIONS, PTS&PCS,AND CONTRACTION JOINTS AT H 15' ON CENTER. 45 o E 3, SEE CONCRETE CURS&GUTTER,ITEM S0&l OF THE STANDARD SPECIFICATIONS_ SS •C ALL CONCRETE MUST HE.CLASS'O"(COMPRESS!VE STRENGTH OF 3600 PSI If 28 DAYS). i8 5, SAND WMLL NOT BE AC CEP TED AS COMPACTED SIJBGRADE, SAND WILL BE ALLOWED FOR LEVEL-UP ONLY (2"NA)C.). n N, NATCH PAVEMENT THICKNESS WHEN PLACED MONOUTHIC WITH CONCRETE PAVEMENT. g a a 1. PROVIDE 1'CUTTER DEPRESSION. '$ a-8 .e°B 8 @" CURB AND GUTTER 171 MOUNTABLE w NOT TO SCALE iC1 n ';'I i CITY OF W-ICHITA FALLS,Tx CURB AND GUTTER a PAVEMENT STANDARDS ENGINEERING DIVISION MOUNTABLE 'E' SEPTEMBER 2023 DETAIL NO. 2121 n4mB PAGE 103 OF 117 PAGES AGENDA ITEM NO. 7.A 10 F VARIES 1a EXPANSION JLNNT ^04 EXPANSION JOiNT I I Ii R..LN MIN.FOR RESIDENTIAL 8'CONCRETE YATH/4 BARS STREETS AND 20'MIN.FOR 18'O C.E:W. 7 MAJOR STREETS I x IF CRONN IS Y'OR LESS.x�1O' M 15'R MIN, IF CROWN IS GREATER THAN 2-,X 20' 15'R UN, N ti ti . ———_ — ... MIN �,�E7H'ANSCIN JOINT MAINTAN GUTTER EXPANSION JOINT LINE DEP'REESI DTI INTERSECTION VALLEY GUTTER TRANSITION DISTANCE SEE TABLE V.STREET 0. Y4 BARS O 16'O.C.E.W. r` 1-1/2' -ON LOCAL STREETS 1'CN ALL OTHER MAJOR STREETS It i OR 0,5 DIRECTED BY THE CITY ENGINEER 'S.111 Y --- _ }..`�• ,a�i .ter "`-8�` ..`E OUT/ER LINE c. E 8"FLExBASE OR 8'LIME STABILIZED 2 Q= 51JBCRADE(ITEM 301.2)COMPACTED TO ..°.,g 95%ASTU D-698,APPLIED AT A RATE 10'ON RESIDENTIAL STREETS a� OF 40 L85./Sq:TO- 15'ON MAJOR STREETS o rn m ©'3v ROADWAYN.} DISTANCE TRANSITION me• _ _ _.._.__......___.._____ 0 0. 0' 6 5 3 ® 10' g , 30' E..I MIDSTREET VALLEY GUTTER 1'n_st, GENERAL NOTES: a ._c 1. ALL CONCRETE MUST 8E ry ASS'C'(C NIPRESSIVE STRENGTH OF 3600 PSI C 28 DAYS). So Is, 2. ALL EXPOSED CONCRETE SURFACES MUST BE CUWO IN ACCORDANCE MATH ITEM 393.5.7 OF THE STANDARD SPECIFICATIONS- I mW CONCRETE 5 VALLEY GUTTER NOT TO SCALE Ws; _;I; CITY OF WICHITA FALLS,TX CONCRETE °_'p n PAVEMENT STANDARDS ENGINEERING DIVISION VALLEY GUTTER a.F.00 'E'" SEPTEMBER 2023 DETAIL NO. 2130 PAGE 104 OF 117 PAGES AGENDA ITEM NO. 7.A E E NOTE: yv., E SLOPE SIDEWALK AS NECESSARY TO MEET ADA REQUIREMENTS 12'-0"MINIMUM u (TYPICAL BOTH SIDES) - WTOTH OF DRIVE- o (SEE NOTE 1) 30'-O'MAX. Pi Ta O Or �1 , C ee¢3 p1 EXPANSION I rabic' A /- ,ICNT 3 SIDES Eli r1=D't'IrPa 27 L7 0 F W 1 ir _I Jr 6 i IR.MIN. % ` "- '` 4 7;/WI. M I a '�4 7 fl' EXISTIHL .i / rCTRAESC}J JOINTTO RLMNN `_ A STREE S CSOT TO BEN OF Ek15RTIEMONE0NG CONCRETE F1. SAWCIJT EXISTNG.^I NA FULL )EPTH AND PL AC:_ Exr,Ah`ION MAINTAIN CUTTER ,KII.:'; w1T::I IR' 04 n4p1I_I=. LINE DEPRL's51CN SAWCIJT CONCRETE STREET INTO. CLIP •_- '.c'-1-'S4DES) FULL DEPTH AT T2'FROM PLA.N RACK OF CURB. 1 SLOPE OE,I.r.'AA Y AS 5' SIDEWALK MAX SLOPE n.F• NECESSAP, TO MEET - 1-1/3'PER FOOT Y ADA REQUIREMENTS B APPROACH TO FLOVKJNE MAINTAIN GLITTER a EXISTING CURE TO UNE DEPRESSION `a . BE REMOVED g 1/7.EQ., JOINT 6" CONTII ACTION_. SAWCUT CONCRETE STREET _2%MA,. -MINT Fl14L DEPTH Al 1r FRohl a DRIVEWAY -" — BACK OF CURB. E ma .wE E 8 w 6"CUNr:RETE YATF{ -`-•--4.__..._.- -- N3 BARS 9 16'act* at E I* EXISTING CONCRETE a7-F, N4 OARS O 24'O.C.EE J STREET TO REMAIN El L SECTION or EXISTING CONCRETE 1 u r COMPACT SUBGNAGE6TO STREET TO SE REMOVED 615/6 AM( SECTION A-A 1B".l+GE BARs Y it D.C. 4 ` GENERAL NOTES: a1 Fs 1. SLOPE OF SIDEWALK AT DRIVE APPROACHES MUST COMPLY VATH ADA REQUIREMENTS(I'PER FOOT MAXIMUM). F pF 2 SEE DRIVE APPROACHES. ITEM 305.2 OF THE STANDARD SPECIFICATION'S i i X 3. ALL CONCRETE MUST BE CLASS"C"{COMPRESSIVE STRENGTH OF 3600 PSI Y 411 GAYS}, 15 y,E`E 4. SAND WILL NOT BE ALLEFIGO AS COMPACTED S.UEGRADE. SAND WILL BE ALLOWED FOR LEVEL--UP ONLY. u g.._ 5. ALL STEEL MUST HAVE A 2' MINIMUM COVER 0 6. RERAN MUST STOP 2'PRIOR TO EDGE OF EXISTING STREET- ..v B.. 7. ANY UTILITY ROSES OR MANHOLES WITHIN THE APPROACH MUST BE ADJUSTED BY 1HE OTY LTIEJTY DEPARTMENT,OR o` OWNETI OF UTILITY,TO BE FLUSH %ITH FINISH GRADE,OR RELOCATED CUT OF THE APPROACH TD THE PROPER GRADE S I`n ALL ADJUSTMENT COST WILL BE THE RESPONSIBILITY OF THE CONTRACTOR,OR THE OWNER INSTALLING THE APPROACH. aa- 4.2 e RESIDENTIAL DRIVE APPROACH o.: CONCRETE STREET m,'aC NOT TO SCALE $r s CITY OF W ICHITA FALLS,TX RESIDENTIAL DRIVE APPROACH o & PAVEMENT STANDARDS ENGINEERING DIVISION CONCRETE STREET Sa o EI i i E- SEPTEMBER 2023. DETAIL NO. 2140 a mwa` PAGE 105 OF 117 PAGES AGENDA ITEM NO. 7.A E f J NOTE SLOPE SIDEWALK AS NECESSARY 12'-0-MINIMUM a TO MEET ADA REONREUENTS WIDTH OF DRIVE Tr (TYPICAL'aDTH''.DES) 3D'-IT MAX. _ {SEE NOTE 1) C YJ a a er ;Rl d D aw g c¢ a��] 1/2`EXPANSION E r_o_(TYP.) a�'''1 A ri JOINT 3 S10E5 7w F ------- ---------- ROW-.._. I Row -- Ii pwy 91 II STANDARD 4". = Iz Y6''.' '`' STANDARD 4' NI SIOEYPRLI! - /4 .N 1 •y . 510EWALR L7/ i r w EXISTING CURS&. 7'IL MiN. YR MIN. CUTTER TO REMAIN _ OONTRACTION JOINT _ _ a SAWCUT EXISTING CURB AND GUTTER FULL DEPTH AND pLAC£ SAWCUT TO A ~ A MAINTAIN GUTTER EXPANSION JOINTS WITH 3-ar#.4 NEAT,CLEAN EDGE \ UNE DEPRESSION DOWEL BARS INTO CURB ARO L.ra GUTTER(TYP.BOTH SIDES) lll P FORM THIS EDGE SLOPE DRIVEWAY ES a MAX SLOPE la. NECESSARY TO MEET R'S10EWAUI I-1/2.PER FOOT - EXISTING CURB&GUTTER STANDARD a APPROACH �'a REgI/IREMENTS TO FLOFRJNE TO BE REMOVED 6 iI MAINTAIN GUTTER .5 o® LINE DEPRESSION .. CONTRACTION JOINT 2x MAX. 6" EXISTING ASPHALT .n E r TO REMAIN a E ORlVEWAY l' . — - — -- 1 " - ( - 66, 1/2"EXPANSION JOINT __ - _r • -•�—;-' — earn 6'CONCRETE WITH COMPACT SVRGRADE TO�ff _-_-_ _ ©k-0 #3 BARS o?Er CI.C.E.W, OS ASTM 0-695 SAWCUT TO A ,. OR NEAT, CLEAN EDGE ` 0.1.BARS 0 24"O_C.E_IW- SECTION A-A w`X 2 GENERAL NOTES: 1. SLOPE SF SIDEWALK AT DRIVE APPROACHES MUST COMPLY WITH ADA REQUIREMENTS(I'PER FOOT MAISMUM). 8 2- SEE DRIVE APPROACHES,ITEM 305.2 OF THE STANDARD=:FECIOCATONS. I 3. ALL CONCRETE MUST BE CLASS"C"(COMPRESSIVE STRENGTH OF 30E0 PSI 6 28 DAYS). a,aE 4. SAND WILL NOT BE ACCEPTED AS COMPACTED SUBORADE PID ED SA WILL BE ALLOW FOR LEVEL--LIP ONLY. '. E 5. AU-STEEL MUST HAVE A 2"MINIMUM COVER. n Rg E. RER MUST STOP 2 PRIOR ID EDGE OF EXISTING STREET, T v-S AR -"2 p 7- ANY UTILITY BOXES oR MANHOLES WITHIN 1T-IE APPROACH MUST BE ADJUSTED BY THE CITY UTILITY DEPARTMENT, OR $. OWNER OF UTILITY, TO BE FLUSH WITH FINISH GRADE,CR RELOCATED OUT OF THE APPROACH TO THE PROPER GRADE. nv ALL ADJUSTMENT COST WILL BE THE RESPONSIBILITY OF THE CONTRACTOR,OR THE OWNER INSTALLING THE APPROACH. C. RESIDENTIAL DRIVE APPROACH -E,_= ASPHALT STREET ��_ NOT TO SCALE mi..: CITY OF WIC HITAFALLS,TX RFSIDATiTIAL DRIVE APPROACH PAVEMENT STANDARDS ENGINEERING DIVISION ANPRALT STREET 'E Y SEPTEMBER 2023 DETAIL NO. 2145 o�-4 _ PAGE 106 OF 117 PAGES AGENDA ITEM NO. 7.A 1 E E NOTE: ce SLOPE SIDEWALK AS NECESSARY 12"-D" MINIMUM 41 TO MEET ADA REQUIREMENTS - - NAom OF DRIVE r (TYPICAL BOTH SIDES) 35'-O`MAIL. (SEE NOTE.1) A � 1/2"EXPANSION '� JOINT 3 BIDES i p Y w COHTRACTION.JOM1T 22Z o I--1,_a„ i..rF,i NU4 A DETEGTABLE NARKING SURFACE lfll - ARMOR-TILE>CAST IN PLACE OR�wi y r a / EQUIVALENT T3 r// 5 -- ROW-- — —ROW--- } IX • STANDARD a' rJ SIDEWALK OF S arl I6'CURBS AS 'ti 10'R. MIN. w1 >71 REpUIREL ' (TYP'] _ - _ """-,,J MAINTAIN GUTTER _. .._. UNE DEPRESSION SECTION OF EYISTAID CONCRETE. EILIST A STREET To BE RENIOVEP TOO REMMAINAIN EAWCVT EXISTING CURB FULL DEPTH AND PLACE E%PAN51aN JD1NTS VATIi 1B'.4 DOWEL BARS INTO CURB AND rLti11 SAwGUT :RE fp STREET FULL DEPTH GUTTER(TAP.BOTH SIDES) AT 12-FROM BACK OF CURB. O SLOPE DRIVEWAY AS °` S'SIDEWALK max SLGRE v'T' NECESSARY TO MEET 1-1/2"PER FOOT f Y ADA REQUIREMENTS 0 APPROACH TO FLOWIJNE ti MAINTAIN GUTTER a UNE DEPRESSION ,; Dis-riNG CURB TO ',$, BE REMOVE]] ''a- i/2.'EXP. JOINT SAWCUT CONCRETE STREET c€ _2T MAX. B ,m-M ` —COACRON JOINT FULL DEPTH AT 12°FROIA DRIVEWAY .... - BACI(OF CURB, xo' tee' — — `v CGY4PACT SEIRGRAOE F1) .. __. •--.-.��.�:' ' 'r i c S.5%ASTM 5-696 $ E B.CONCRETE MTH 1 0 #D BARS 0 is"O_C,E,W_ SECTION OF EMS-11NC CONCRETE E](1S71NG CONCRETE n,e h OR STREET TO BE REMOVED STREET TJ REMAIN w w H #4 BARS 0 24'O_C-E•W- l5 #4 TIE GARS 0 19'O.C. F 2! GENERAL NOTES: SECTION A-A u 1 i 1. SLOPE OF SIDEWALK AT DRIVE APPROACHES,AND DETECTABLE WARNING SURFACES MUST COMPLY WTJH ADA REOOIREMENTS T1'PER FOOT MANNAUM). a 2. SEC DRIVE APPROACHES, ITEM 305.2 OF THE STANDARD SPECORCAT1ONS. g%z! 3. ALL CON,7RET'e MUST BE CLASS'C'(COMPRESSIVE STRENGTH OF DRY)PSI M 28 DAYS). Y'ELt 4, 551,L1 WLL NOT BE ACCEPTED AS COMPACTED SJBGRADE. SAND WILL.BE ALLOWED FOR LEVEL-UP ONLY, O a.P c t 6, 5- ALL STEEL MUST HAVE A 2'MINIMUM COMER- S. REBAR MUST STOP 2'PRIOR TO EDGE OF EXISTPIG STREET. �c V m 7. ANY UTILITY BOXES OR MANHOLES WITHIN THE AFFROACH MUST BE ADJUSTED BY THE CITY UTILITY DEPARTMENT,CR a n OWNER OF UTILITY. TO BE FLUSH AITH FINIS!' GRADE OR RELOCATED OUT OF THE APPROACH TO THE PROPER GRADE. u ALL AL,IJSTME:JT OUST W.LL BE P-IS RESPONSIBIUTT ITT THE CONTRACTOR,CB THE OWNER INSTALLING THE APPROACH. n 7., COMMERCIAL DRIVE APPROACH ROACH CONCRETE STREET -4 o NOT TO SCALE 5-I CITY OF WICHITA FAILS,TX COMMERCIAL DRIVE APPROACH 6.a° PAVEMENT STANDARDS ENGINEERING DIVISION CONCRETE STREET LA 7o t E" SEPTEMBER 2023 DETAIL NO, 2150 go PAGE 107 OF 117 PAGES AGENDA ITEM NO. 7.A CS N J, 1 NOTE: SLOPE SIDEWALK AS NECESSARY I2'-0"MINIMUM wIC MEET SEA REQJrREMEN15 • • WIDTH OF DRIVE (I',TMT AL S�T-'SUES) 35'-0'MAX. _ (SEE NOTE 1) 4 u o ca S/'1'EXPANSION ET 5 o a w JOINT 3 SIDES a �s 'S.' n N CONTFt5071DH JOINT E 1'-b'(Tip.) "' A DETECTABLE WARNING SURFACE s ARMEOUIYOR--AL,ENi TILE CAST IN PLACE OR 0 x E. ROW-- " ----- - __. o r + 1 n t+� :a '' I a ., 1:;,._..'-_ STANDARD 4' 2 S itI nr-I I➢EWALIS G- ,. - �.. w B"CURBS AS s T IO'R.MIN. REQUIRED n. \ ) * E siNG CURB di SAHCWT EN STING CURE A•:G .UTTER MAINTAIN GU. TTER GUTTER TO REMAIN FULL.DEPTH AND PLACE EXFANSIDN LINE DEPRESSION JOINTS.WITH 3-48'#4 OUWEL BARS INTO CURB ANC GU TIER(TIP.ROTE. SIDES) SAWCUT TO A NEAT PLAN CLEAN EDGE SLOPE DRIVEWAY AS g MAN SLOPE _, NECESSARY TO MEET 5'SIDEWALK a 1-I/2"PER FOOT STANDARD 0 APPROACH At Li REQUIREMENTS TO FLOWJNE ETa5TIN0 CURB N CUTTER x g TO BE REMOVED I-. MAINTAIN GUTTER CONTRACTION JOINT LINE DEPRESSION E 2%MAX. 6' E7GSTING ASPHALT ? — TO REMAINLrr DR,tr WAS i'i 1/2"EXPANSION JOINT ___ .�. ,-._ :f.,r Y T _ rn 6'CC/WRITE WITH CCNPACT SUBONRDE TO 1 J © � #3 BARS 0 1B'O.C.E.W, 95%ASTM D-698 SAWCUT TO A NEAT OR CLEAN EDGE w` x4 BARS a 24'DL.E.W. SECTION A-A 3 GENERAL NOTES: 45 P I.. SLOPE OF SIDEWALK AT DRIVE APPROACHES,AHD DETZCTA&LE.WARRING SURFACES MUST COMPLY WITH ADA REOUIREMENTS(1'PER FOOT a MAT1MUM). p5c' 2. SEE DRIVE APPROACHES,ITEM3D5.2DA DE THE STANDARD S'ECI MATIONS. tick- 3. ALL,CONCRETE MUST BE CLASS'C" (COMPRESSIVE SIRENS/RH DE 3800 Ps 0 ZH DAYS), oho Y uE 4. SAND VALL NOT BE ACCEPTED AS.COMPACTED 5V➢QRADE.SAPID WILL BE ALLOWED FOR LEVEL-UP ONLY, -- 5, ALL STEEL MUST HAVE A 2'MINIMUM COVER, f,°5 5. REBAR MUST STOP 2"PRIOR TO EDGE OF EXISTING STREET. n2° 7. ANY UTILITY BOXES DR MANHOLES MTTHIN THE APPROACH MUST BE ADJUSTED BY THE CITY UTILITY DEPARTMENT,OR OWNER OF UTILITY, in $e" HE FLUSH WITH FINISH GRADE, OR RELOCATED OUT OF THE APPROACH TO THE PROPER GRADE ALL ADJUSTMENT COST WILL BE THE BESPONSIBIUTY OF THE CONTRACTOR.OR THE OWNER INSTALLING THE APPROACH. ' COMMERCIAL DRIVE APPROACH 5 ASPHALT STREET NOT TO SCALE Y i CITY OF WICHITA FAILS,Tx COMMERCIAL'RIVE APPROACH '` ASPHALT STREET o; PA'VEMENT STANDARDS ENGINEERING DIVISION a'E' SEPTEMBER 2023 DETAIL NO. 2155 CUE.5 PAGE 108 OF 117 PAGES AGENDA ITEM NO. 7.A ___r A a CONCRETE ALLEYY BEGIN APPROACH , F 1 S / 1/2"ESTHETICS JOINT 7'-O•TyR. �t r-O`TYP. 7ETECTAELE VARYING SURFACE ^ C .APM'R-SSLC CAST IN?LASE OR _ -^ 6"WRNS AS r1'-0`TIP. EQUIVALENT ° REQUIRED" tl CONTRACTION JOINT a t/z"E%PRN5ION J. EXISTING CURS - . \ .xANT ANO GUTTER 10'R TYP, _ ,. .1 ° r. �v SAW L'-JT E*STING CURB AND A GJTTER FULL DEPTH AND PLACE SEE NOTE.8 k 7 1/2"E5PARS'ON JOINT V.ITH 3--',6" MAINTAIN 01-ITTER Ili DOWELS BARS INTO CURB AND UNE DEPRESSION GLITTER(TYP BOTH&DES) PLAN g 5.-0"SIDEWALK APPROACH DUSTING CURE AND 1� •APPROACH ONLY 6LIT"TER TO SE RCMdVEG 5,t 1 CONTRACTION JOINT MAINTAIN GLITTER LINE DEPRESSION • 4 1/4'PER FT B. ERfISING ASPHALT ., S CRETr ALLEY 2%WA r X, y .... 1' 2" PFJ�E TO REMAIN 1 E k _ .s L..r '2SR — tl , - ill 1/2"EIPANSIDN JOINT --_ ' E 8"LIME STABILIZED SU8CRAGE ITEMSEE 7 OTE g_o � SECTION A-A a•�MTh 6 A 7 ©'3 v 301.0 COMPACT:0 70 95%ASTM 0-6913, 14 EARS a It 0.C.E.W. r'S 6 APPLIED AT A RATE OF 30 LBS./SO.1V. z w f;S,NI.RAL NOTES: ▪ 3 W Y 1, ALL CGNC=1:TE MUST BE OIAcc"0 (COMPRESSIVE STRENGTH OF 3600 PSI 0 26 DAYS). Wi E 2, SEE DR,•'rr--APPROACHES, ,TFu.50562 OF THE STANDARD SPECIFICATIONS 4 S I AL. kl1h':Oi?CING 5T".R:_ MU::- HAVE A 2° MINIMUM COVER. at. A, REF E'=Sr: C PAYS M L N i _.,:"ILP5 ALLEY DETAIL",FOR SUBGRA➢E PREPARATION REQUIREMENTS FOR ALLEY APPROACHES o Sr v 6, THAT. .1', NOT 0E ACCEPTED AS COMPACTEI SUBCRADE, SAND WILL BE ALLOWED FOR LEvet-LIR ONLY. a.ag .a_ 6, FOP c ? TE' PAVEMENT: A AT-H I NE ':I5:I5•: :".:1-114 sAS BEEN PLACED MONOLITHIC WITH THE STREET PAVEMENT.SAW CUT THE STREET Al 12'FROM RACE OF CURB. .t.ar FLE .....1. E.r,TH, i5315,1. 1LW°, P aE BARS 18" O.C.INTO THE STREET. e n°0 7, FOP c3PHA_T PAVEMENT: E n� THIS R.:11 -.XI PAVEMENT TO A NEAT, CLEAN EOOE. EQ Wu c v' B. SLOPE O - PER IDEWALM AT DRIVE APPROACHES AND DETECTABLE WARNING SURFACES MUST COMPLY WIN ADA REQUIREMENTS(1" R FOOT 6 ALLEY APPROACH NOT TO 5cRLE Ws; ;I; CITY OF WICHITA FALLS,TX ALLEY APPROACH w III PAVEMENT STANDARDS ENGINEERING DIVISION Wi g,a0 a E" SEPTEMBER 2023 DETAIL NO. 2160 ES4E7! • PAGE 109 OF 117 PAGES AGENDA ITEM NO. 7.A Ea q n CC CM NOTE: I SLOPE SIDEWALK AS NECESSARY 12'-5' MINIMUM I~ TO MEET ADA REONREUENTS - WIDTH DE DRIVE o TYPICAL"e01;SOTS; { 3D'-r^.'MAX x {SEE NOTE 1) 1. V ? Ow C C� a a d 5 1/2"EXPANSION c 1'-0"(TY?.) a +"�. A JOIIHi J SIDES Q } ✓JZ Oir w { � � .. ROW — a F ,t , o STANDARD 4^ a , .. STANDARD i' SIDEWALK g' _' g'a «I. ,L d S LEEWAL6 • N « 1•a 1 y1 CONTRACTION JOINT (Tw� IV a , low_______ ..,3,r,,.\\_i\t: ,`EXISTING MOUNTABLE CURE TO REMAIN PLAN N S � SLOPE NECESSARY A MAX SLOPE TO MEET 5' SIDEWALK STANDARD4. 0 APPROACH `` 1-1/2' PER FOOT EXISTING MOUNTABLE 1� REQUIREMENTS TO FLOWLJNE CURB TO REMAIN 6iI yl▪ - -CONIRACTICN JOINT EVISTINC ASPHALT a bRrV£WAY 2%NA, —ti TO REMAIN E'1 jr EE, 1/2"EXPANSION JOINT _rn 8-CONCRETE WITH COMPACT SD96RADE TD 1 - ak-0 I3 BARS Q 1B"P.C,E,W, • OS%ASTM D-555 o„� OR 1EF#4 TIE BARS O 18'O.C, HeyI4 EIARS 0 24'acLW- SECTION A-A 3 GENERAL NOTES; 45 , g 1. SLOPE OF SIDEWALK AT DRIVE APPROACHES MUST COMPLY WIN ADA REQUIREMENTS(f"PER FOOT MAXIMUM). $g Eg 2. SEE DRIVE APPROACHES, ITEM J05.2 DE THE STANDARD SPECIRICAT1DNS. 1 v 11 4 3. ALL CONCRETE MUST BE CLASS'C"(COMPRESSIVE STRENGTH OF 36D0 PSI B 20 DAYS. E.El 4. SAND WILL NOT SE ACCEPTED AS GDMPACTED SUBGRADE. SANS NIL DE ALLOWED FOR LEVEL-UP ONLY. 2.7'2-E 5_ ALL STEEL MUST MAVE A 2' MINIMUM COVER. U a. 'r b B. REBAR MUST SILA,2'PRCR TO EDGE OF EXISTING STREET. v WHIN n 7. ANY UTILITY BOXES OR MANHOLES THE APPROACHTI MUST BE ADJUSTED BY THE CITY UITY DEPARTMENT,DR OWNER OF UTILITY. TO HE FLUSH WITH FiN15H GRADE.ON RELOCATED OUT CF THE APPROACH TO THE PROPER(MADE. $="� ALL ADJUSTMENT COST WILL BE THE RESPONSIBILITY OF THECONTRACTOR,OR THE OWNER INSTALLING THE APPROACH. • a RESIDENTIAL DRIVE APPROACH P-5 WITH MOUNTABLE CURB 15 NOT TO SCALE. "U v a CITY OF WiCHITA FALLS,Tx RESIDENTIAL DRIVE APPROACH PAVEMENT STANDARDS ENGINEERING DIVISION WITH MOUNTABLE CURB E 7 SEPTEMBER 2023 DETAIL NO. 2165 r1-,_ PAGE 110 OF 117 PAGES AGENDA ITEM NO. 7.A L+' NOTE: SLOPE SIDEW7LLX AS 10'-O-MINIMUM f — NECESSARY TO MEET t y YAOTH OF DRIVE ADA REQUIREMENTS �. r- ci Ez Er cM 1/2"EXPANSION JOINT 1/Y"EXPANSION JOINT o i fi REQUIRED FOR SIDEWALK o (TIP. BOTH SIDES)Er ziair `"� a 1''PM. T�a A r _wr .. -.ROYf__. V ._ ROW.�.�.� 4 I tSTANDARD. •" � STANDARD d '4" - It n 5 4. r- 37UMMA a SIDEWALK n S .1 Q 12 d ' MIN. IXLRJTRACTION vy -"` ' • JOINT FL DITCH "' _-�` FL DITCH _ 15"MIN,PIPl.. r ! 7'R MIN. ' .° ' " , . 7'R MIN. 3'SHOULDER - _ , Y f TAT TO A NEAT,I EDGE DE EXISTING CLEAN EDGE A 3,1 SLOPED PAVEMENT END TREATMENT En PLAN ROTH SIDES TIP IX SLOPE DREW-WAY AS IN MAX.SLOPE 5'SIDEWALK0 A NECESSARY TO MEET PPROACH f142. '" SHOULDER t EXISTING STANDARD REQUIREMENTS 1 PER FOOT ~ PAVEMENT TO REMAIN , r COHTR AC BON JOINT %R 2%MAX +fi[ r 6.. It i 1 i� / _ ,ram `'`jig��� z o5. 1/2"EXPANSION JOINT DGVFR 1 5AWCU7 TOA NEAT, 12" CLEAN EDGE. n se CONCRETE WITR } MIN,PIPE �r COMPACT SULICRAOE tFp rn 13 BARS 0 18'O.C.E.W.OR TO 95%ASTM D-898 ©k $BARS 0 24 00LW SECTION A-A sa let w` ! GENERAL NOTES: 1- SEE DRIVE APPROACHES,ITEM 305-2 CF THE STANDARD SPEGYFlCATONS. ;c' 8 2. ALL CONCRETE MUST DE CLASS"C"(COMPRE•'TED STRENGTH OF 3500 PSI 0 28 DAYS). I; 3. SAND W1LL NOT BE ACCEPTED AS COMPACTED SUBGRACE. SAND NILL RE ALLOWS➢FOR LEVEL-UP ONLY. 5,u 4. ALL STEEL MUST HAVE A 2"MINIMUM COVER. u 4.0- 5. DRAINAGE PIPE SITE SWLL BE MINIMUM-451 DIAMETER.OR AS DETERMINED BY CITY ENGINEER. DRAINAGE CONDITIONS MAY ALLOW A 01P o t IN DRIVEWAY WITFIOUT PIPE. 12'..eEi v n 8. ANY UTILITY BOXES OR MANHOLES WITHIN THE APPROACH MUST BE AD,USTE0 BY THE CITY UTILITY IMPARTMENT, OR OWNER OF Id Rr UTILT TY,TO BE Fl USN Wi TH FTN ISH GRADE,DR RELOCATED OUT CF IH.E AP PROAC'- ID THE PROPER GRADE_ALL ADJUSTMENT COST SWIM BE THE RESPONSIBILITY OE THE CONTRACTOR,OR THE OWNER INSTALLING THE APPROACH. 5 lc l DRIVE APPROACH g.gW� E = RURAL STREET ,5 o� NOT TO SCALE i CITY OF WICHITA FALLS,TX DRIVE APPROACH t' 4§ PAVEMENT STANDARDS ENGINEERING DIVISION RURAL STREET E SEPTEMBER 2023 DETAIL N0. 2170 PAGE 111 OF 117 PAGES AGENDA ITEM NO. 7.A n 5'$5'HANDICAP PA551NG AREA EGR SIDEWALKS WITH RUNS D CEEDING 200' 8 BETWEEN DRIVE APPROACHES. g - 40'MAX. - m 1 0 1 ROW—-- a "•istaPE.NA TH CRAOE , OF STREET 4'MIN.. 1 -, (TOP OF CURB) • k { (SEE MOTE�) p A l/Y.E3fPAN5M0N JOINT 5'-O'(MAX.) 1 J2`FDMPAN1510M JOINT -.-CONTRACTION JOINT PLAN g SEE SIDEWALDTHS AND LOCATYON DETAILS F JC WI VARIES 4'-0'MIN, I 1'-0. BACK OF CURB V AR1E5 ZS MA]!. �+'- 314. - II '2. COMPACTED SUBORADE E 510%ASTM 0-659 1E 03 REPAR 0 MI•IICEW, ia.a` CEIVTERID IN SLAB SECTION B-B t o SECTION A-A CONTRACTION JOINT T5 o GENERAL NOTES: tg cC7, I. gDEWALIC REINFORCING(FHCLUDING DRIVE APPRGACHES}MUST BE 13 BARS C lEr G,C.EW-OR 14 BARS ON 24'a.C. E ! _. 4L. CUIItRETE MUS"f H:' CLASS"C', (CON?RESSvE STRENGTH ::F 3,600 PSI. B 29 DAYS.) T,ANL' 'MLI.NOT BE.Ar:.:E>'iTT AS COMPAC IED EU@GR.A.::E THAT ,Y,ll. itE ALLOWED FOR LEVEL-IMP ONLY. ?.5 E rI,T,..IIILI 15D:EE5.1-,,,,w,:?VVHOLES.wll-ITN THE LI iIw„LK r.�i�,1 HE AU..USTED BY WE DTY UTILITY DEPARTMENT, OR zr 5vIEF - JILT":, TO RE ;L:ICH w7H FINISH GF:a^.E_, n a R'1.7i,,-1�^our OF THE SIOEWAUC TO THE PROPER GRADE. ;" ALI. ADJuSTM_I11 COS, M L BE THE RE.SPCNS+BIUTT CI' 71.E CGNTRACTCR,OR THE OWNER EHSTAWND THE EIO[WAUL - 5. CI1nSS SLOPE Al DRIVE APPROACHES AND RAMPS NUS- COMPLY WITH ADA REQUIREMENTS.. A.P. E 0. INCH PER FOOT MAXIMUM) `�., 6. IF SDEWALK IS PLACED ADJACENT TO CUR$I/INIML5I mow SHALL RE 6'. -a 5 .i a c 7. PLACE SIDEWALK 1'OFF ROW UNE.PRONDE 5'MINIMUM SLOTH SIDEWALK IS COMMERCLAL AREAS WITH HEAVY 8 PEDESTRIAN MOVEMENTS. Va 8. SIDEWALKS INSTALLED WHIN TXDO7 RIGHT OF WAY MUST BE A MINIMUM MOTH OF 5'AND MEET REQUIREMENTS OF TKDOT PEDESTRIAN STANDARDS. 25 a E r SIDEWALK. NOT TO SCALE w 6 v r s i CITY OF WICHITA FALLS,TX SIDEWALK -o'§ PAVEMENT STANDARDS ENGINEERING DIVISION a 0 a 3 E SEPTEMBER 2023 DETAIL NO. 2200 o mw PAGE 112 OF 117 PAGES AGENDA ITEM NO. 7.A 3 3 r S -t 2• cy 3/4`CHAMFER 3/4-CHAMFER W FORM, REWIRED FOR TOP FOGS OF WALLILL MUST MUST BE REMOVED BEFORE BACKFILL >}4 BARE AT IEr CN1RS ROTH WAYS• • • •_ r GLASS'C'CONCRETE 18` • ff MAX. ''''\/.• "�.• .•.. PERMISSIBLE CONSTRUCTION JOINT WITH 3"K 2"BLACKIX F. /0i BARS AT 12"CNTRS.BOTH WAYS •` (USE/5 RENT BANS WHERE H F CEEOS U'). • ZS MAX 1/4` 2. =3 FLAT S GENERAL NOTES: 5 1. PROVIDE VERTICAL DIANSION IN WALL AT 25'MAX. SPACING(USE EXPANSION JOINT OETAJL NO. 2451 °+- WITH TXDOT TYPE A WATERSTOP AND NI.-+IT Y AS REOU14ED.) 2. WALL DESIGN ASSUMES NO SURCHARGE, A SPECIAL ENGINEERNG ANALYSTS IS REQUIRED FOR OTHER CONDITIONS. 3TRA+GFI,; GLEAN EXCAVATION WALL MAY 5E USED AS FORM ON BAGS CIF WALL A WOROEN FORM+S s REQUITED FOR TIP EOCE OF WA_L IF DADS 'SIDE DT WALI.DOES AID:Ufa- EYIETIN{`O L AS A FORM, 5 vy SIACHFILL AEHINLI WALL IN S""Lip rD CGMPAU T91iO 'O ASSC HER AST1A 0-E36. ,..�o ado SIDEWALK g. 5 WITH 1 S" RETAINING WALI.. NOT TO SCALE Ws� r Y CITY OF WICI-IITA FALLS,TX SIDEWALK a PAVELHIE NT STANDARDS ENGINEERING DIVISION WITH 18"RETAINING WALL �$ac 'E' SEPTEMBER 2023 DETAIL NO. 2205 64m� PAGE 113 OF 117 PAGES AGENDA ITEM NO. 7.A p F U 2 2 C V =XPANS'ON.1O5NT SEE DETAIL LI LI, RI CY �� m , 3'R(TVP) ` ACCOMMODATE ▪ . . e 51S MA,.. DRAINAGE AS ' RIJNNINT; _:.E NECESSARY EITHER on ETTI ON �'. - SAWED CONTRACTION ____i__- �r ,JOINT(5'SPACING) ` 'SEE APPLICABLE DETAIL M1SEA VARIES A L: R.O.W. ACCOMMODATE __ - - --— - - DRAINAGE.AS . - NECESSARY / A EXPANSION JpNT AT R.D.W. I SEE APPLICABLE DETAIL. - p PRIVATE ^� SIDEWALK Ti E R5 gE z e= GENERAL NOTES: 1 1. APPROVAL REDJIPED FROM '.,PKS AND�i<LPr ATicr: b▪ o CO; THE OITI-01 TRAIL CO+YIE'11D1., _0I11.YT- rn irnPAF'S AND RECREATION AT ].O-IE'-'A9:1, ©Av• 2 EN(ROhCHMEYT gGRr=EuNi REO.IPEC: CIRCLE TRAIL CONNECTION,CD,':ACT PROPERTY 7%MAX. SLOPE MANAGEMEN I AT NY-751-5515. UY. IN EITHER • 3 VARIES DIRECTION VARIES j- TRAIL CONNECTION MUST OE MADE AS _� :, PERPENDICULAR TO DISTiNG TRAIL.AS POSSIBLE ,3 4 SIDEWALK REINfORDNG SHALL 9E/4 BARS O 18" ACE.W.AND DOWELED INTO EXISTING TRAIL o ,c r n- `: 5. AU.CONCRETE MUST BE CLASS aCa,(COMPRESSIVE i•. STRENGTH OF 3,E40 PSI, 0 28 DAYS.) c fi' .. ` S. SAND WILL NOT BE ACCEPTED AS COMPACTED - E COMPACTED SOHGRADE y CE REBAR O 18"O,C.E.W. SURGRADE-SAND WILL BE ALLOWED FOR LEVEL-UP `CENTERED IN ONLY BO.S ASTM 0-695 ▪ y`1 DOWF_LE0 INTO EXISTING `-a 5 TRAIL 7. INSTALLATION MAY REQUIRE PIPE AND DITCH WORK a,,_. TO ACCOMMODATE DRAINAGE. $ SECTION A-A 6IC =-5* CIRCLE TRAIL CONNECTION �`o- NOT TO SCALE aiio i s i CITY OF WICHITA FALLS,TX CIRCLE MALL[I INNEC ION o W§ PAVEMENT STANDARDS ENGINEERING DIVISION 0 E L' SEPTEMBER 2023 DETAIL NO. 2210 o�m.n PAGE 114 OF 117 PAGES AGENDA ITEM NO. 7.A a Iw E III 1 ® Ad _ ' I ' ll 7 g AB* . IYg` FA[f PF GAie 2`(TIP) -"-T 1 2'(-TM- P) 1 TE d 15.Li s 1p� -I o g 2`(Tn.,) zc= I E.; FACE OF CURB lim... � �\ clkreµ ll, 450 3 . ®®��®ui t di8 Et MI .114411III ill'L =G, Y-s CROSSWALK STRIPING PLAN 4 LT_I NOTE NoT TO SCALE cu 0 1 STRIP NG A[115T EE WHITE, 1CJD Alll. THICK POT, APPLIED P.-IERMGPL ASTIC WITH DP OP-ON 1,TrI_A55 TRAFFIC. BEADS OR TYPE C PREFABRICATED.NVE EN'r MARKINGS MATERIAL, SURFACE PHEPAN+TION.SEALER. AND,NSTALLAFIO,N DF CROSSWALK PAVEMENT' �,Z JAARK:FIGS MUST HE IN ACCORDANUE WITH ITEMS 56d, dd8,AND 678 Or TEDOT STANDARD ET'ELIF:CAT1UN IC AI E C STRUCTI:FI AND MAINTENANCE OF HIGHWAYS. STREETS AND ERIDCES. as 6 t'Y l CITY OF WICHITA FALLS,TX CROSSWALK STRIPING PLAN o 11 PAVEMENT STANDARDS ENGINEERING DIVISION N N a'E w- SEPTEMBER 2023 DETAIL NO. 2400 off. PAGE 115 OF 117 PAGES AGENDA ITEM NO. 7.A m E F E 0 w s U ci m I a 4'MIN.-24'MAX H MA6. SPACING °%ti°CCA TREATED RAIL-\ apa" CARRIAGE SOLI ^ate 70 ir \I\\hli. "*IlliihrIC:441"-- I 20- I. 5.MIN, •3 fi'kW DIA.MA 6 k 41 TREATED POSTS ▪-y _ ORO V1,10 SURFACE , E 4 I ti 6"WIDE STRIPES $ ^ I ��•I I ti WRITE AND ORANGE ▪8_ REFU_ECTIVE PER f ) 36" Tri.ILITCD. � I I.. !rrn g 5 E 4' -t-L)4' 1 ""a n CtlN5UWDATEO_./ 'G a LL I CONCRETE r 3 12•�i 4757 E. 4'PEA DRAMA ' E NOTE: OTE; I. STRIPES ON BARRICADE SHALL BE ALTERNATING WHITE AtiO ORANGE RETREREFLEC'.IVE SHEETING WITH STRIPES SLOPING Y aE DOWNWARD AT AN ANMILE TO 45 LIEL;?EES IN THE DIRLOTTDIJ ROAD USERS ARE TO PASS. BARS.:CADE SHALL RE u -- CONSTRUCTED ANDIN,S:AL.�EO IN ACCUR.^.ATILE Will THE T•,�MUTCD gia ago 3 ap DEAD END STREET Pi Er c TYPE III BARRICADE DETAIL 2 " NOT Ta SCALE e▪s-i o P s$ CITY OF WICHITA FALLS,TX DEAD lain STREET PAVE41ENIT STANDARDS ENGINEERING DIVISION TYPE II BARRICADE DETAIL ca'E- SEPTEMBER 2023 DETAIL NO. 2410 n a,p PAGE 116 OF 117 PAGES AGENDA ITEM NO. 7.A 1 WICI4I1R FRIES ill, ti MPO airnMMnM port wwnn,rrr July 31,2024 Mayor and Council, Re:Proposed Modifications to the Standard Concrete Pavement Detail The Technical Advisory Committee (TACK of the Wichita Falls Metropolitan Planning Organization (WFMPC))consists of several engineers,transportation planners and other planning discrpimes The TAC committee has reviewed the proposed modifications to the pavement standards in the City of Wichita Falls'Pavement Design Manual.As Chair for this committee.i am reporting that it is the consensus of the Technical Ads.ie.cr,, Committee NOT to support the proposed modifications CO the standard concrete pavement ciciw The prop),c IM.^rfirations would reduce the minimum concrete thickness tram 6 in.to 5 in.and reduce the area of reinforcing steel by approx,40%for residential streets. These modifications do not represent the current best practices in concrete pavement design nor re flect the minimum standards of other similar municipalities within the state, Sincerely, 0, #6612,..rwp--- Mr.tin Barnet Wichita Fails MPO Director .761.;4i50 • 411.0au = A+ ,. Wichita Falri t v,..r,r,r r ,rr r-..,. PAGE 117 OF 117 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the FEMA 2023 Assistance to Firefighters Grant Program in the amount of $524,727.27 received from the U.S. Department of Homeland Security, authorizing a contribution of $52,472.23 in matching funds, and authorizing the City Manager to execute all forms and contracts accepting same. INITIATING DEPT: Fire STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The fire department is requesting approval to accept a grant from FEMA for the FY 2023 Assistance to Firefighters Grant. The purpose of this grant is to have 24 members obtain their EMT-Paramedic Certification. The application we submitted for the Assistance for Firefighters Grant has been awarded in the amount of $524,727.27 in Federal funding. As a condition of the grant, we are required to contribute non-Federal funds equal to 10% of the Federal funds awarded or $52,472.73 for a total approved budget of $577,200. The matching funds can be contributed from unused FY 2024 General Fund expenditures. Staff recommends approval of the ordinance. ® Chief, Fire Department ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO.7.B Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the FEMA 2023 Assistance to Firefighters Grant Program in the amount of $524,727.27 received from the U.S. Department of Homeland Security, authorizing a contribution of $52,472.23 in matching funds, and authorizing the City Manager to execute all forms and contracts accepting same. WHEREAS, the City of Wichita Falls and the U.S. Department of Homeland Security desire to enter into a contract for continued emergency medical training via the Assistance to Firefighters Grant (AFG); and, WHEREAS, per the AFG, the City of Wichita Falls will provide a 10% match totaling $52,472.73 from unused FY 2024 General Fund expenditures; and, WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the fiscal year 2024 budget and the approval of the funds for the new contract period is needed prior to the adoption of the 2025 budget; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $524,727.27 for the FEMA 2023 Assistance to Firefighters Grant Program and the City Manager is authorized to enter into a contract, as approved by the City Attorney, with the U.S. Department of Homeland Security. PASSED AND APPROVED this the 6th day of August 6, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO.7.B CITY COUNCIL AGENDA August 06, 2024 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Epidemiology Expansion Program in the amount of $72,247; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Department of State Health Services (DSHS) is issuing a contract for additional funds for the Epidemiology Expansion Program in the amount of $72,247. A portion of an Epidemiologist position is covered by this grant. The primary job duties of the Epidemiologist are to conduct investigations for notifiable conditions as determined by the Texas legislature, and provide education to the health care community regarding notifiable condition reporting. Additional duties include leading the Epidemiology Response Team and investigating unusual expressions of illness. The contract period for this grant ends July 31, 2026. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.0 Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Epidemiology Expansion Program in the amount of $72,247; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same WHEREAS, the Health District and the Department of State Health Services desire to enter into a contract for continued epidemiological capacity; and, WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the 2023 - 2024 budget, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $72,247 for the Epidemiology Expansion Program and the City Manager is authorized to enter into a contract with the Department of State Health Services for the Wichita Falls-Wichita County Public Health District. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance appropriating $114,417 of grant funds pursuant to the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024, SB 224 Catalytic Converter Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. INITIATING DEPT: Police STRATEGIC GOAL: Activities Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City Council on May 7, 2024 authorized the City Manager to make application for a grant from the Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024 Request for applications — SB 224 Catalytic Converter Grant. The Wichita Falls Police Department will partner with Flock Safety and with grant funding purchase up to an additional (36) Flock Safety ALPR Cameras to deter vehicle thefts, identify suspects in vehicle burglaries, and prevent catalytic converter thefts. The total cost of the first year to purchase (36) cameras amount is $137,300, with no matching funds. The original application called for a 20% match but the State of Texas has waived the 20% match for the remaining FY 2024, SB-224 Catalytic Converter Grant applications. Staff recommends the City Council approve the attached ordinance appropriating the grant funds. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.D Ordinance No. Ordinance appropriating $114,417 of grant funds pursuant to the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024, SB 224 Catalytic Converter Grant program appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded a non-matching grant, from the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024, Request for application — SB 224 Catalytic Converter Authority, in the amount of $114,417 and, WHEREAS, the Police Department intends to use these funds to purchase up to (36) Flock Safety ALPR Cameras to deter vehicle thefts, identify suspects in vehicle burglaries, and prevent catalytic converter thefts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager or his designee, is hereby authorized to execute all documents necessary to accept said funds from the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2024, SB 224 Catalytic Converter Grant. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance appropriating up to $192,126 to the Special Revenue Fund for personnel and equipment funding through a local partnership agreement with the Helen Farabee Center for the Wichita Falls Multidisciplinary Behavioral Health Response Team for Years 2024 and 2025 and authorizing the City Manager to accept said funds. INITIATING DEPT: Police STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: A local partner of the Police Department has generously agreed to fund the Wichita Falls Multidisciplinary Behavioral Health Response Team for the years 2024 and 2025. This team is made up of a Wichita Falls Police Officer, a Wichita Falls Fire Fighter EMT, and a Helen Farabee mental health clinician. The purpose of the team is to provide a holistic approach to mental health calls for service, including those calls involving the homeless population. This grant agreement will, for two years, fund a Police Officer's salary and benefits up to $75,031 a year and vehicle maintenance and equipment up to $21,033 a year totaling $96,063 annually. Although the grant agreement does not require a match, we have committed to providing in-kind services to include Supervisory/Command overwatch in the amount of $44,113. Helen Farabee will be the Fiscal Manager of this grant. Staff recommends approval of the ordinance. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO.7.E Ordinance No. Ordinance appropriating up to $192,126 to the Special Revenue Fund for personnel and equipment funding through a local partnership agreement with the Helen Farabee Center for the Wichita Falls Multidisciplinary Behavioral Health Response Team for Years 2024 and 2025 and authorizing the City Manager to accept said funds WHEREAS, the City of Wichita Falls agrees to participate in a grant agreement with the Helen Farabee Center for the purpose of participating in the Multidisciplinary Behavioral Health Response Team Program for the years 2024 and 2025; and, WHEREAS, the City of Wichita Falls will provide a Police Officer as part of the Multidisciplinary Behavioral Health Response Team for the grant program; and, WHEREAS, the primary emphasis will be a holistic team response to calls for service and follow-up on mental health issues NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is appropriated up to $192,126 to the Special Revenue Fund from the local Grant Agreement with the Helen Farabee Center for the purpose of funding personnel and equipment for the Wichita Falls Multidisciplinary Behavioral Health Response Team for Years 2024 and 2025, and the City Manager or his designee is authorized to execute all documents necessary to accept said funds on behalf of the City of Wichita Falls. PASSED AND APPROVED this the 6th day of August 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO.7.E CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance appropriating up to $64,000 to the Special Revenue Fund for the purchase of a Ford Expedition and additional vehicle equipment from the McCoy Foundation Grant Agreement for the Wichita Falls Multidisciplinary Behavioral Health Response Team and authorizing the City Manager to accept said funds. INITIATING DEPT: Police STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The McCoy Foundation has generously agreed to fund a vehicle and other necessary equipment for the vehicle up to the amount of $64,000 dollars to support the Wichita Falls Multidisciplinary Behavioral Health Response Team. There is no match required from the City for this grant. The PD plans to purchase a 2024 Ford Expedition in the amount of $55,677 through the BuyBoard Purchasing Cooperative and additional equipment such as emergency lighting and console build in the amount of $3,506.33, a Havis Docking Station in the amount of $1,434.33, Setina Cargo security box in the amount of $2,394.65, and miscellaneous other equipment in the amount of $987.69 dollars, totaling $64,000.00. 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. Staff recommends approval of the ordinance. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 17 PAGES AGENDA ITEM NO. 7.F Ordinance No. Ordinance appropriating up to $64,000 to the Special Revenue Fund for the purchase of a Ford Expedition and additional vehicle equipment from the McCoy Foundation Grant Agreement for the Wichita Falls Multidisciplinary Behavioral Health Response Team and authorizing the City Manager to accept said funds WHEREAS, the City of Wichita Falls agrees to participate in a no-match grant agreement with the McCoy Foundation for the purchase of a 2024 Ford Expedition and necessary equipment for use by the Multidisciplinary Behavioral Health Response Team Program; and, WHEREAS, the City of Wichita Falls City Council finds that Caldwell Country Ford DBA Rockdale Country Ford is offering a 2024 Ford Expedition XI 4.2 through the BuyBoard Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs; and, WHEREAS, the Wichita Falls City Council finds it in the best interest of the citizens of Wichita Falls, that the city accepts such grant funds from the McCoy Foundation for the purchase of a vehicle and other equipment to support the Multidisciplinary Behavioral Health Response Team Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is appropriated up to $64,000 to the Special Revenue Fund from the McCoy Foundation Grant Agreement for purchase of a 2024 Ford Expedition and necessary vehicle equipment for use by the Multidisciplinary Behavioral Health Response Team Program; and the City Manager or his designee is authorized to execute all documents necessary to accept said funds on behalf of the City of Wichita Falls. PASSED AND APPROVED this the 6th day of August 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 17 PAGES AGENDA ITEM NO. 7.F CALDWELL COUNTRY FORD dbs ROCKDALE COUNTRY FORD 479 W US HWY 79 ROCKDALE,TEXAS 76567 BLIYBOARD 724-73 fT d User: WICHITA FALLS Caldwell Rep- 144ARCUS SHAW 022.21 Contact: DONALD MCEWEN Phone: (4791567-1500 Phone/Email: DONAL13.MCEWEN{u]WICHITAFALLS'FX.00V Date: Wednesday,March 6,2024 Product Description: 2024 Lord Expedition 0311)Xi.4x2 Email: i'11 t.t a, t+. It,k,lt)I'I.: 11,I tit A. Bid Series: I t 5-FORD EXPEDITION SSV A.Base Pride:l S 54,470 00 B. Published Options(Itemize each below! Code Model Vehicle ()IF 2024 Ford Expedition(Lill)XL 4x2 Code _ Options Bid Price J Code Options , Bid Peke 102A Equipment Group 102A SSV Pock= S0,00 44U Transmission:Ill-Speed Automatic w/Selec, 50.00 998 'Engine;3,5L EeoBaost V6 50.00 , JS Iconic Silver Metallic SO.00 LH ,Black Onyx,,Cloth From Captain's Chairs , 50.00 X15 3.31 Axle Ratio S0.00 _ Whiners 17 Steel- S0.00 Tires:P265f70R 17 AT OWL S0.00 r Total of B.Published Options , $ - C. Unpublished Options[Itemize each below,not to eased 25%) (,_ Unpublished Options D rid Price Unpublished Options Bid Prier Total of C.Unpublished Options: S - D. Registration,Inspection,Paperwork,Postage cost,Courthouse time,&Renner time: E. Upfltter/Quate Number: F. Delivery ETA: G. Floor Plan Interest(for in-stock and/or equipped vehicles): _ H. Lot Insurance(for in-stock and/or equipped vehicles): [ I. Contract Price Adjustment: J. Additional Delivery Charge 269 mils S 807.00 K. Subtotal S 55,277.00 l.. Quantity Ordered 1 s K= S 55,277,00 M. Trade in: L N. Coop Fee per purchase order 5 400Ad Twat purchase prke with coop fee(Prices and availability arc'Object to change S 55A77.00 without notice) DISCLAIMER PRICES AND AVAILABILITY CAN CHANGE AT ANY TIME WITHOUT FURTHER NOTICE COE TO SUPPLY CI�AIN CHALLENGES-REVERIFY PRICING BEFORE rcu nwr a a!aria ace nonce clNYal PelrF H aeret rei F'RMF)I INTO VFNirs F ORDFR IS£CGPTFD FIN THE MareUFACTUSES.ACICHOWt1CDE AY EMA.P[ PAGE 3 OF 17 PAGES AGENDA ITEM NO. 7.F DANA SAFETY SUPPLY,INC Sales Quote 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 524133-C Telephone: 800-845-0405 Costumer No. WICHFALLS Bw To j Shtp To CITY OF WICHITA FALLS WICHITA FALLS POLICE DEPARTMENT PO Box 1431 CENTRAL FLEET SERVICES Wichita Falls,TX 76307 2100 SEYMORE HIGHWAY WICHITA FALLS,TX 76301 Contact: Contact:STEVE BABY Telephone: 940-761-7466 Telephone: 940-761-7734 E-mail: E-mail:ARLENE.EATON@WFPD.NET Quote Date Ship Via ` F.O.B. Customer PO Number Payment Method 03/11/24 Ground L QUOTED FREIGHT NET30 Entered By Salesperson Ordered By Resale Number Jeremy Ross Jeremy Ross Fort Worth DONALD MCEWEN 75-6000714-2 Order Approve Tas item Number 1 I)eecriptlon Unit Extended Quantity Quantity Price Price 1 . 1 N INFO 0,0000 0.00 EXPEDITION CONSOLE warehouse-DROP 1 1 N 7170-0567-04 865,9100 865.91 GJ,CONSOLE P1CG,UNIVERSAL,RAM TAB,WIDE Warehouse:DROP K i:Wide Body ConsoIc w,th Cup Hadar,Pocket,Amu ud Maagoascd] firm+17170-0557-O4 WEIGHT:39.3 ICr./17.85 kg HEIGHT 15.5Z 139.4 cm WIDTH:11.83"130.1 cm DEPTH:25.75^I&5.4 cm PACKAGE INCLUDES WIDE BODY CONSOLS,DUAL CUPHOLDER., FLIP-UP ARMREST,MONGOOSE MOTION ATTACHMENT, AND THE FOLLOWING EQUIPMENT MOUNTING BRACKETS: 11 11 iJ I3 ALSO INCLUDES ANY BLANK FILLER PANELS NECESSARY TO COMPLETE:THE INSTALLATION. 1 1 N 7160-0555 141.3600 14136 GJ LEG KIT 2015+F150,2017+F350-F550&SUPER DUTY Warehouse:DROP Print Date 07/15/24 Print Time 05:56:28 PM Page No. I Printed By:Jeremy Ross PAGE 4 OF 17 PAGES AGENDA ITEM NO. 7.F DANA SAFETY SUFFLY,INC Sales Quote 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 524133-C Telephone: 800-845-0405 Customer No. WICHFALLS Biil To Strip To CITY OF WICHITA FALLS WICHITA FALLS POLICE DEPARTMENT PO Box 1431 CENTRAL FLEET SERVICES Wichita Falls,TX 76307 2100 SEYMORE HIGHWAY WICHITA FALLS,TX 76301 Contact: Contact:STEVE RABY Telephone: 940-761-7466 Telephone:940-76I-7734 E-mail: -mail:ARLENE.EATON@WFPD.NET Quote Date Ship Via F.D.S. Customer PO Number Payment Method 03111,24 Ground QUOTED FREIGHT _ NET3O Entered By Salesperson _ Ordered 8y Resale Number Jeremy Ross Jeremy Ross Fart Worth DONALD MCEWEN 75-6000714-2 Order Approve Unit Extended Quantity Quantity Tltiz Rein Number Description Price Pries 1 1 N 7160-0085 76.3200 76.32 GJ LONG MCS TOP PLATE(29,0) Warehouse:DROP NOTE VEMCEE LEO Ktr SOLD SEPERATELY— 1 N 7160-0523 0.0000 0.00 CAMBER FACE PLATE FOR HARRIS M7300 Warehouse;DROP 1 I N 7160-0339 0.0000 0.00 G1 FULL FACEPLATE WEC CENCOM SOT 380 i PC.BRAKET Warehouse:DROP Flu Wheelm Cencam and Soundolf 360 Remote Had I 1 N M1SC 814.2100 h14.21 SOI,ENFWBOIELA,NFORCE INTERIOR FORD EXPEDITION Warehouse:DROP Ford Expedition(29 1 8-23)Spill Front (DRV)FD 121D1201211DI21D 1211D1211D131ID14(PAS) IR_WIIR_W R wlR_W9B_wllu_WIB_WIIB_WI A[xraeunni:PNF1BSPLT1 DSC*1 LIN Breakout Box(Included) Print slate 07/15/24 Print Time 05:56:28 PM Page No. 2 Primed By;Jeremy Ross PAGE 5 OF 17 PAGES AGENDA ITEM NO. 7.F e DANA SAFETY SUPPLY,1NC Sales not 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 524133-C Telephone: 800-845-0405 Customer No. WICUFALI.S BMlMTo Ship To CITY OF WECHTTA FALLS WICHITA FALLS POLICE DEPARTMENT PO Box 1431 CENTRAL FLEET SERVICES Wichita Falls,TX 76307 2100 SEYMORE HIGHWAY WICHITA FALLS,TX 76301 Contact: Contact:STEVE RABY Telephone: 940-761-7466 Telephone:940-761-7734 F,man: 1E-mall:ARLENE.EATON@WFPD.NET Quote Date Ship Via F.O.B. Customer PO Humber Payment Method 03(11/24 Grouted QUOTED FREIGHT NET30 Entered By _ Salesperson Ordered By Ratak Number Jeremy Ross ;enemy Ross Fort Worth DONALD MCEWEN 75.60007I4-2 Order Approve .ix Item Number I DescriptionUnit Extended Quantity Qua>rtIty Price Prier I I N MSC 664.6300 664.63 SOI,ENF-WBOI EMA,REAR INTERIOR FORD EXPEDITION Warehouse:DROP Ford Expedition(2018-231 Split.Front (DRV)IC1.211D121D121{DI21D!21DIIgD12;1D121 fPA5) IR W:IR WILR_WICR_WIiB_WIB_W1Ia_W liu_W1 Accesoonet:P1'NFLBSPLTI DSC w:LIN Srrxkuut Box(Included) 1 l N ETSA481RSP 455.9700 455.47 SOi,400 SERIES REMOTE SIREN, 100WATT Warehouse:DROP 1 I N ETSS I OOJ 152.5000 152.50 SOT 1001 SERIES COMPOSITE SPEAKER Warehouse:DROP I00J sunes composi a speaker wf uni crag I bul brkt-100 wad I N ETSSVBK09 35.4300 35..13 SOl 2022 F-150 SPEAKER BRACKET Warehouse;DROP 1001 Scnu Speaker Bracket(only-no drill)aapabk at-holding up to two speakers for the Ford f-I50 Poke Pursuit,Special Service&Cir^'eliab Vehicks 2022,Iumper Mount Print Date 07'15./24 Print Time 05:56:28 PM Page No. 3 Printed By:Jeremy Ross PAGE 6 OF 17 PAGES AGENDA ITEM NO. 7.F DANA SAFETY SUPPLY,INC Sales Quote 4809 KOGER BLVD GREENSBORO,NC 27407 Salem Quote No. 524133-C Telephone: 800-845-0405 I Cusmtner No. WICHFALLS BIB To Ship To CITY OF WICHITA FALLS WICHITA FALLS POLICE DEPARTMENT PO Box 1431 CENTRAL FLEET SERVICES Wichita Falls,TX 76307 2100 SEYMORE Et1014WAY WICHITA FALLS.TX 76301 Contact: Contact:STEVE RABY Telephone:940-761-7466 Te kpho at: 940-761-7734 E-mail: I-mail: ARLENE.EATON@WFPD.NET Quote Date Ship Via F.O.B. Customer PO Number Payment Method 03/11/24 Ground QUOTED FREIGHT NET30 Entered By Salesperson Ordered By Resale Number Jeremy Russ Jeremy Ross Fort Worth DONALD MCEWEN 75.60007 14-2 Order Approve mu Item Number 1 DescriptionUnit Eiteaded Quantity Quantity Price Price Approved By: ❑Approve All Bents&Quantities Quote Good for 30 Days Print Date 07/15/24 _ Subtotal 3.206.33 Print Time 05:56.2.8 PM Freight 300.00 Page No. 1 Panted By:Jeremy Ross Order Total 3.50633 PAGE 7 OF 17 PAGES AGENDA ITEM NO. 7.F DjwsThank you for choosing CDW. We have received your quote. � Hardware Software Services IT Solutions Brands Research Hub QUOTE CONFIRMATION AARON EPP, Thank you for considering CDW■G for your technology needs- The details of your quote are below. if you ere an eProcurement or single sign on customer, please log Into your system to access the CDW site,You can search for your quote to retrieve and transfer back Into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE lit QUOTE DATE QUOTE REFERENCE CUSTOMER x GRAND TOTAL NIPG874 7/I812024 NAVIS DOCK+MOUNT 7099605 $4,434.33 QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT.PRICE I 5300162 4900.50 $906.90 Mlg.Party:HA-33LO52 HAVlS°OCRING STATION WI DUAL ACCS PASS THRU ANTENNA FOR CF-33 LAPTO Contract_TXOIR•Panasotdc D1R-CPO.5225(DIR•CPO.5225) 1 4464632 r.:i•4 1325 4? • Mfg-Party:PKG-PSM-365 UNSPSC:31162313 PKG,BASF,VMT,HDM,W-SHRTHN0I.,F150,201 5 Contract TXDIR•Havl:s Security Monitoring MR-CFO.4547 MR-CPO.4547) SURTOTAL $1.434.33 SHIPPING 50.00 SALES TAX $0.00 GRAND TOTAL 0,434.33 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: CITY OF WICHITA FALLS CITY OF WiCHITA FA_LS ACCTS PAYABLE INFORMATION SYSTEMS PO 6OX 1431 1300 7Th ST RM 201 WICHITA FALLS,TX 76307.1431 WICHITA FALLS,TX 76301 Phone:(940)761-7462 Shipping Method:DROP SHIP•GRDLINO Payment Terms:NET 30-VERBAL Please remit payments to: DW Government '5 Remittance Drive `vite 1515 hicago,IL6o675-1515 PAGE 8 OF 17 PAGES AGENDA ITEM NO. 7.F o Il DNA Search Store. snrrr;•.nrr,e C Click here to watch a video about this product Settle Cargo Box For 2018-2022 Find Expedition $2,394 65 ID;voi3s7 5KU:TXO25OEPD18 Aral labs{WY Your estimated Lead Time Is 10-14 Weeks.Note:Ali Dana Safety items include mounting hardware. Sr wt: A Io :Oil PAGE 9 OF 17 PAGES AGENDA ITEM NO. 7.F Parts Transactions s vies a tour Counter Rae Caunterpersan: CAMERON KAHOOKELE d.4s a Athens e3 Prim Name: al' CITY OF WICHITA FALL Invoice a: AIR a: PO a: AIR Tereus: Make/Model: Eaall: donald,mcewen@oichitafallstx...guy WIN: Phone: (94e) 761-7931 Price Level: Retail Sale Type: Retail 1S4R8130 KEY KEYS 1r 4 162.66 169.95 1Ei ,✓ :, PROGAMMING FEE-176.00 Promo Messages PICK UP AND DELIVERY f r�•.:iuv1 P, Freight Function f.L. Fees/Olscounts. Parts: 169.95 Taxes: C Deposit: 10"Wt 5hippi.tlK Total; 169.95 / /7 r Save Exit 1! Delete Accept Catalog 1 iyrcji,Q 125 00 ,41 /75, Q PAGE 10 OF 17 PAGES AGENDA ITEM NO. 7.F m 0, 81 T VtEW ALL SHOP CUSTOMER MY ' 6 UNITED STATES pRODUCTSk YOUR SERVICE ACCOUNT CART ENGLISH VEHICLE 2024 Ford Expedition FloorLiner Laser Measured for a Perfect Fit ***** 4 9 (22) Representative Photo Gallery ilir r„.i.!'_-41ilf,' , 116 ilia ,.. FORD EXPfD ON SHOWN See this Item in 3D El FAST' i iifntimc Llmheb Made IA USA Wn.ranty Vehicle:2024 Ford Expedition Part Number.441665-1-4 Vehicle Options: Expedition Seating: 7•Passenger Step 1-Select your set Se IS Complete Set(1st Row, 1st Row(Driver& One piece-2nd and 3rd 1-Piece 2nd13rd Row) Passenger) row coverage PAGE 11 OF 17 PAGES AGENDA ITEM NO. 7.F Step 2-Select your color Black Cocoa Tan Grey Step 3•Select your Quantity E I 0 Purchase more than one and additional quantities ship for 50%OFF shipping charges. Learn how to SAVE ON SHIPPING when you bundle. Price - $233.90 Sayre foLLate! 4 interest-free payments or as low as$22/mo with affl .Check your purchasing,power Step 4-Select any Optional Accessories TechCare FloorLiner and FloorMat Cleaner/Protector-KIT ® Part Number:8LTC36KPB Price:$24.99 Share Your Experience! #FINDYOURW Tag your photo with #FINDYOURVV on Instagram and we'll share our favorites! PAGE 12 OF 17 PAGES AGENDA ITEM NO. 7.F scott.vaughn@wfpd.net Your Order Confirmation will be sent to this email address Phone Yes,use Shipping Information for my Billing Information.Uncheck if different Ep I agree to receive automated text messages tram WeatherTech Direct,LLC l' View Details Item Details Edit Order(1) FloorLiner $233.90 Part Number:441555-1-4 Vehicle:2024 Ford Expedition Set Complete Set(1st Row,1-Piece 2nd13rd Row) Color:Black Oudntity:1 Ship to Address Use Shipping Information Address v 1 Shipping I.,:.. • $111.00 $78.00 _ WAR `. Ground 3 Day 2 Day $135.86 Next Day FREE Curbside Store Pickup Protect Your Purchase $9.95 Shipping and Damage Insurance rd.:, PAGE 13 OF 17 PAGES AGENDA ITEM NO. 7.F Ott - Search Amazon --- Pay 1409~00$199.00 for this order.Get a STO Anton Gift Card Instantly upon approval for the Artlaton Store Card. 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IpS, APS Black Running APS bin Black Stainless APS Running Boards Sin APS Running Boards APS Running Boards'_ Boards Style Compatible Steel Running Boards Matte Black Compatible Side Steps Compatible inch Black compatilsir with Ford Expedition Compatible with Ram with Ford Fl SO 2015- with Chevy 5ilverado with Ford F150 2015- 1997-2D12(Exclude EL PrOMaster 136in 1S4in 2024 Super Cab&F-250 GMC Sierra 1500 2500 2024 Regular Cab Si.F Model)(Not Fit Wheelbase 14-24 F.350 Super Duty 2017- 1999-2013 Regular Cab 250 f-350 Super Duty 4.1 98 4.1 77 4.4 242 4.7 40 4.8 150 $209.00 S219.00 S189.00 $179.00 $179.00 Customers who viewed items in your browsing history also viewed ., ***%,..s..., ( iiiiioll rile' milli17.: 110111111 aY APS Running Soards APS(Black Powder APS bin(Black Flat) APS Premium Sin Black APS Black OE Styli (Nerf Bars Slde Steps Coated Running Board Running Boards Running Boards Bars Running Bow Step Bars)Compatible Style)Running Boards Compatiblewith Chevy Compatible with Ford Compatible with Fi with Ford Expedition Nerf Bars Side Steps Siteerado GMC Sierra Expedition SUV 4-Door Expedition 2018.2 2018-2024(Exclude Max Compatible with Ford... 1 S00 2019-2024 Crew... 18-24 (Exclude Max made model)(Black Powder... 1 301 '209.00 $315.00 z $209.00 1209.00 FREE shipping FREE Shipping $189.00 Get it as soon as huday. Get le as soon at ribnday.nit Only 7len In stark-order.-. 0nly 5 left In stork-f FREE Slipping Aug 6 28 FREE Shipping by Amazon FREE Shipping by Ammon Only 1 tett in stock-order._ See personalized recommendations sign In sew mwrexwr7'.. .. Get to Know Us Make Money with Us &blazon Payment Products Let Us Help You u. Sett an Amazon Amazon Visa Yaw Account Sell apes On Ammon Amason Store Card Your Orders'. Supply to Amazon. Amazon Secured Card Shipping Rates 8. A�.r;•.�r r•-n_.... Polities Protect A Buitd'Your Amazon Business Card Brand Amazon Prime Shop with Porne. . llrirorne an AMlio tP 0edil Card Marketpi, r. PAGE 15 OF 17 PAGES AGENDA ITEM NO. 7.F Checkout (1 item) 0 1 Shipping.. Bryan 5 Vaughn Change address 11❑e Eagle Ln Place your order Rllrkburnett,TX 75354.2838 Add delivery{nSC f lrL{�p n i by Alaciryq ydur Ord a,rap as.Ca Ca,A in luoe s pihltY.CR1•"If and carodtaatu.4:,ust 2. 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MS OFF an MOLE aCCrfttlILITY olnrEs Search.., GO Somerrligtrt I FLOM BLK AD I MFga 7SOS:3 Streamiight Stinger LED HPL DS Rechargeable Flashlight and Charger d7 Rtrrw.s I 16 Ouestlons.22 Answers $157.15 or a nletest-tnwr payrvwotl of$39.49 wrlh• ssezzie(I) al;IA. 'mil COLOR BLAEkI eaARt5ERTYRE &CARODC AC AC AMC,DC CC rn Stern'J./sus/rye Snips WhthOrt 24 Hours ADD TO CART ACO TO WISHLIST 11ETAILS STREAMLIGHT STIMaER LEO HPL OS RECHARGEA.SLE FLASHLIGHT AND CHARGER StreamlIght Stinger LED HP DS Recf,azs eatae FI25hltphl offers 8 tattcap and head-rnoun(ed swildl.The Stratum tight Stinger LED HP bS fealures dual switches(Hal operate Ind ue8ndendy horn one another.This technology Wows you at,`CBSe to al tour lighting modes Yla the tallc-ap Ot the head-M unted switch Rugged.machined aluminum construction with non-sly rubtented cdrrdel grip. Undraakgble polycarhonale lens with acretcn-raetetani coating for I.dbmate d mei:14 fy CA LED technology Is shock oroofwnh a 50.000 hr lifetime. Deep-dish parabolic reflector produces a long range targeting beam wlopt'unal peripheral illumination.The Slinger LED HP DS features 0-ong sealed construction and Is I X4 Rated for walunre stance operation.Illumination output High Is 46.003 candela (peak beam Intensity),600lumens.Medium la 24.000 oar dele,400 iumer:s and Low Is 12,000 candela.260lumens.The Stinger LED HP OS's optimized elecvonim prcride regulated intensity.Runtime.nigh Is 2 hours,medium is 3,75 hours,low is 7.5 hours and strobe is 5.5 hours.10 hr steady charge.2.5 hr.lest charge.3.6 w,it sub-C h MH nkhel marcal•hydrlde battery is rechargeable up tc 1.000 times. SREC6 • 600 sires machined aluminum wfrrarr•alap rubberized comfort grip • CA LED technology meth a 50,000 hour Hearne and Impervious to shock,up to 3X mere light iCIAraity • Deep-dish parabolic reflector produces a long range targeting beam wlopllmal peripheral Illumination • Dual switch technology allows you to access any of the three variable lighting modes and strobe via the tap tip Of It.load PAGE 17 OF 17 PAGES AGENDA ITEM NO. 7.F CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance amending Section 102-108b Altered Prima Facie Speed Limits of the Code of Ordinances of the City of Wichita Falls to Codify speed zones changes. INITIATING DEPT: Aviation Traffic and Transportation STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: State law requires regular speed limits to be set in accordance with Engineering and Traffic Investigations (speed studies). As part of the City's responsibilities, speed zones must be codified for locations within the city limits of Wichita Falls. The City is authorized to establish speed zones under Section 102-107: Sec. 102-107. - Establishment of speed zones. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city, except as this article, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas. In such event, it shall be prima facie unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this article when signs are in place giving notice thereof. 43 Texas Administrative Code Speed Zone Studies 25.23(d)(2)(A): The change in speed between two adjacent zones should not normally be greater than 15 miles per hour, because the change in speed would be too abrupt for driver observance. Amend the School Speed Zone on Barnett Road in front of McNiel Jr. High from 20 mph to 25 mph. ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.G Ordinance No. Ordinance amending Section 102-108b Altered Prima Facie Speed Limits of the Code of Ordinances of the City of Wichita Falls, to Codify speed zone changes WHEREAS, relevant parts of Texas Transportation Code § 545.356, Authority of Municipality to Alter Speed Limits, provide: (a) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter by ordinance prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission on an officially designated or marked highway of the state highway system. The governing body of a municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. (b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the commission for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. WHEREAS, the City Council finds the amendments to these speed zones have been prepared in accordance with the "Procedure for Establishing Speed Zones" adopted by the Texas Transportation Commission; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.G 1. Amendment to Sections 102-108 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Section 102-108. Altered Prima Facie Speed Limits Table 102-108(b) Speed Zones Altered Prima Facie Name of Zone Zone Location of Zone Speed Limit i (MPH) From 477 feet south of the McNeil Junior intersection of Barnett and High School Zone #2 Barnett Rd Montreal to 347 feet north of the 25 MPH intersection of Barnett and ® I I Langford PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.G CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance calling a General Election by the qualified voters of the City of Wichita Falls to be held on Tuesday, November 5, 2024, to elect a Councilor at large, Councilor District 1, and Councilor District 2 and authorizing a contract with Wichita County to furnish election services and equipment. INITIATING DEPT: City Clerk STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Per the TEXAS ELECTION CODE, the next uniform election date is November 5, 2024. The terms of the Councilor at Large, Councilor District 1, and Councilor District 2 will expire, and these positions will be on the ballot. This Ordinance calls the Election for November 5, 2024, authorizes the City Manager to execute a contract with Wichita County to furnish election services and equipment, and authorizes the Mayor to sign the Order and Notice of Election. ® City Clerk ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.H Ordinance No. Ordinance calling a General Election by the qualified voters of the City of Wichita Falls to be held on Tuesday, November 5, 2024, to elect a Councilor at large, Councilor District 1, and Councilor District 2 and authorizing a contract with Wichita County to furnish election services and equipment WHEREAS, in accordance with the TEXAS ELECTION CODE, the TEXAS LOCAL GOVERNMENT CODE, the Constitution of the State of Texas, the City Charter, and general laws, a General Election is hereby called and ordered for the first Tuesday following the first Monday in November 2024; and WHEREAS, the City Clerk has advised the City Council that the next authorized uniform election date is November 5, 2024, and the purpose of the Election will be to elect a Councilor at Large, Councilor District 1, and Councilor District 2; and WHEREAS, the City of Wichita Falls will enter into a joint election agreement and contract for election services with the Wichita County Elections Administrator pursuant to Texas Election Code Section 31.092. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. A General Election is hereby ordered to be held on November 5, 2024, for the purpose of electing a Councilor at Large, Councilor District 1, and Councilor District 2. 2. The City Manager is hereby authorized to execute a contract with the Wichita County Elections Administrator for the purpose of having Wichita County furnish all or any portion of the election services and equipment needed by the City Clerk to conduct the election. The contract document and election services provided shall conform to Chapter 31, Subchapter D, of the TEXAS ELECTION CODE and other applicable statutes and laws. 3. The election shall be held at the polling places established by Wichita County, and the polls shall be open on election day from 7:00 a.m. to 7:00 p.m. 4. The Wichita County Elections Administrator shall appoint the presiding judges, alternate judges, and clerks and compensate them at the rate established by Wichita County for this election. The Wichita County Elections Administrator will notify and train early voting and election day workers. 5. An electronic voting system, as defined in Chapter 121 of the TEXAS ELECTION CODE, shall be used for voting at the regular polling locations for said election and for counting the ballots and tabulating the results. The election and the use of the electronic voting system shall be conducted in accordance with the TEXAS ELECTION CODE. PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.H 6. The Wichita County Elections Administrator is designated as the Early Voting Clerk. Early voting by personal appearance shall be conducted beginning on October 21, 2024, and ending on November 1, 2024. The main Early Voting polling location will be located at: Wichita County Courthouse 900 7th Street, Room 139 Wichita Falls, TX 76301 The Wichita County Elections Administrator will set additional Early Voting polling locations and times. 7. Applications for early voting by mail may be delivered no later than October 25, 2024, to: Early Voting Clerk 900 7th Street, Room 104 Wichita Falls, TX 76301 8. An Early Voting Ballot Board is designated to canvass the early votes cast by mail and provisional ballots. Wichita County shall appoint a Presiding Judge of the Board, and the judge shall appoint such other members as provided in the TEXAS ELECTION CODE, Section 87.002. 9. The Wichita County Elections Administrator is located in the County Courthouse, 900 7th Street, Room 104, Wichita Falls, Texas, and is hereby established as the Central Counting Station to receive and tabulate votes and ballots cast in said election. 10. The election materials, as outlined in Chapter 272, TEXAS ELECTION CODE, shall be printed in both English and Spanish for use at polling locations for early voting and election day. 11. In the event no candidate receives a majority of votes for an office, a runoff election will be held in accordance with TEXAS ELECTION CODE Chapter 2, Subchapter B, on a date set by the secretary of state, not earlier than the 30th day after the date of the main election and not later than the 45th day after the date of the main election. The runoff date for this election is December 14, 2024. 12. The Mayor is authorized to sign the Order of Election and Notice of General Election. The Notice of General Election shall be published in accordance with the provisions of the TEXAS ELECTION CODE and the City Charter. The City Clerk, in consultation with the City Attorney, is hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal law, state law, and charter provisions in conducting the election, whether or not expressly authorized herein. 13. This Ordinance is effective immediately upon its passage and approval. PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7.H PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.H CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance authorizing a Special Election to be held on November 5, 2024, to submit the question of whether Chapter 174 of the Texas Local Government Code should be adopted and propose an amendment to the City Charter to add Section 155 Collective Bargaining Impasse, be submitted to the voters during the said election, setting forth the proposed amendments and prescribing the form of the propositions. INITIATING DEPT: City Clerk STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: On June 28, 2024, the Wichita Falls Professional Firefighters Association presented a "Petition to Adopt the Fire and Police Employee Relations Act for the Wichita Falls Fire Department" per Tex. Loc. Gov't Code Chapter 174. The petition was found to be sufficient and was certified by the City Clerk on July 11, 2024. The certification form is attached. Per Tex. Loc. Gov't Code §174.051(a), since the petition was found to be sufficient, the City Council shall order an election to vote for or against adopting this chapter. The wording for the proposition is set forth by Tex. Loc. Gov't Code §174.051(c) and must read as follows: For or Against Proposition No. 1 — "Adoption of the state law applicable to firefighters that establishes collective bargaining if a majority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts." On July 9, 2024, the Wichita Falls Professional Fire Fighters Association presented a "Petition for Charter Amendment" to add §155 Collective Bargaining Impasse to the City's Charter." Per the petition, the proposition will read as follows: For or Against Proposition No. 2 — Shall Section 155 be added to the City Charter to read as follows: "§155 Collective Bargaining Impasse. If the City and the International Association of Fire Fighters, Local 432 have reached an impasse regarding the negotiation of a collective bargaining agreement, and the Association has requested arbitration under Texas Local Government Code § 174.153, then the City shall submit to binding interest arbitration as set forth in Texas Local PAGE 1 OF 9 PAGES AGENDA ITEM NO. 7.1 Government Code §§174.154-174.62, 174.164, and 174.253, or any successor to these statutory provisions." The petition was found to be sufficient and was certified by the City Clerk on July 24, 2024. The certification form is attached. Per Tex. Loc. Gov't Code §9.004(b), since the petition was found to be sufficient, the ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election, which is the November 5, 2024, uniform election date. This Ordinance orders the Special Election to be held in conjunction with the General Election and under the same terms as with the Wichita County Elections Administrator. PAGE 2 OF 9 PAGES AGENDA ITEM NO. 7.1 RECEIVED IN CITY CLERK'S OFFICE DATE: 1 / ail OFFICE OF CITY CLERK �j� � qv, MAaIE eALTHEOP.TRMCIMMC.CITY CLEW BY: TIME: LS__-...--f ooaae HAM,TRMC,DEPUTY CM'CLERK 4A-11/41-, r14. rt X A 3 1,Marie Balthrop,City Clerk of the City of Wichita Falls,hereby certify that: The Wichita Falls Professional Firefighters Association presented a"Petition to Adopt the Fire and Police Employee Relations Act for the Wichita Falls Fire Department"per Tex. Loc. Gov't Code Chapter 174 to the City Clerk's office on June 28,2024,. Tex.Loc.Gov't Code Chapter 174 outlines the process for submitting a petition to place this item on the ballot and the required ballot language,which is presented below. SUBCHAPTER C. ADOPTION AND REPEAL OF COLLECTIVE BARGAINING PROVISIONS "Sec. 174.051, AI/UP'1'I.ON }_.I EC1 if j'.'J. nit J hc, lrrn�.rninn hods-of a political subdivision to which this chapter app1io:.shall an election t v the adoption of this chapter on receiving a petition signed by .p.ialified voters of the political subdivision in a number equal to or s,:••enter than thy: lcssci•of: (1) 20,000; or (2) five percent of the number of qn f it •ed voters voting in the political subdivision in the preceding general election for state and county officers. (b) The governing body shall hold the election on Ihe first authorized uniform election date prescribed by Chapter 41, Election Code, that allows sufficient time for compliance with any requirements established by law. (c) The ballot in the election shall be printed to provide for voting for or against the proposition: "Adoption of the state law applicable to (firefighters, police officers,or both,as applicable)that establishes collective bargaining if a rnatority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts,and provides penalties, for strikes and lockouts." The required number of signatures was calculated per Tex, Loc. Gov't Code §174.051(a)(2). According to the Wichita County Elections Administrator, the total number of qualified voters who voted in the political subdivision in the preceding general election for state and county officers was 29,912,Therefore,the required number of petition signatures is 1,146. The Wichita Falls Professional Firefighters Association presented 362 petition pages, totaling approxiltiate:ly 3,507 signatures. 1,173 signatures were verified on pages 1 - 174.Pages 175 to 362 were not subject to verification as they were deemed unnecessary to achieve the required number of signatures,as the signatures on pages 1-174 met the requirements. 1300 71 Stn5rr,P.O.bax 1431,W I[HITA Fnus,TEXAS 76307-PHONE:940-761-7409 PAGE 3 OF 9 PAGES AGENDA ITEM NO. 7.1 Based on the above, the petition is determined to be sufficient. Per Tex. Loc. Gov't Code §174.051(a),the City Council shall order an election to adopt this chapter. The last day to order an election on the November 5,2024,ballot is August 19,2024. 1N WITNESS WHEREOF,I have set my hand hereto and affixed the official seal of the City of Wichita Falls on this I lei day of July 2024. M throp TTR C,MMC City Clerk ZOO T"Srurr.P.O.Box1431,WICHITA FADS,lbws 76307-NOW;94O-76t-741O PAGE 4 OF 9 PAGES AGENDA ITEM NO. 7.1 RECEIVED IN cmi'CLERRI TIME:S �FFIGI= OFFICE OF CITY CLERK 41 DATE: 6,L � MAR BrurnROR.7RMCIMMC,CITY CLERK 1111414 � DEPUTYEODORE HAM,TRMC,DEPUTY CITY CLERK. ff BY:_ Map YEXA8 _ vr•Offnrl lax I,,Marie Balthrop,City Clerk of the City of Wichita Falls,hereby certify that on July 9,2024: The Wichita Falls Professional Firefighters Association presented a "Petition for Charter Amendment"to add§155 Collective Bargaining Impasse to the City's Charter to read as follows: "§155 Collective Bargaining Impasse. If the City and the International Association of Fire Fighters,Local 432 have reached an impasse regarding the negotiation of a collective bargaining agreement,and the Association has requested arbitration under Texas Local Government Code§ 174.153,then the City shall submit to binding interest arbitration as set forth in Texas Local Government Code§§174.i 54-174.62, 174.164,and 174.253,or any successor to these statutory provisions." Tex,Loc.Gov't Code Chapter 9 outlines the process for submitting a petition to place this item on the ballot. Sec. 9.004. CHARTER AMENDMENTS. (a) Except as provided by Section 9,0045, the governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election. The governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supporter 1:,:.t petition signed by a number of qualified voters of the municipality equal to tii least five percent of the number of qualified voters of the municipality of 2O.(Joo,whichever number is the smaller, i-,) i-he .wiliranee ordering the election shall provide for the election to be held on he l in <t+athorizcd uniform election date prescribed by the Election Code or on the ,_:irii,__ of the date of the next municipal general election or presidential general ,_'cc;ion. The election date must allow sufficient time to comply with other r eeu;i ments of law and must occur on or after the 30th day after the date the. ,idin,ir,ce is adopted. ,_l f*h,i i c,, 'r t h,: zlection shall be published in a newspaper of general circulation published i0t the i•.,t;nicipality, The notice must: i I include a sul-.tci:intial copy of the proposed amendment; 12 include an estimate of the anticil sited fiscal impact to the municipality if the prt,l:m:;ed ameridii nt is approved ..it tik,election;and. ( ) be publishet.i on the:•:::me dat.• in each of two successive weeks, with the first riiil-I i cation Ot.ctn Fri n .f-;e[i.:;c the I lth day hofore the date of the elcctir,r;. (rf) An amendment nets rwe cn],tan more:bun one subject. (e) The ballot shall be prepaid so that a-,,ntc;tetay approve or disapprove any one or more amendments Wiii,uu; }laving to approve or disapprove all of the amendments. 13007"'STREET,P.O.Box 1d31,W ain-A FALl3,T.rx,As76307-PFxxua:,940-76i-7409 PAGE 5 OF 9 PAGES AGENDA ITEM NO. 7.1 (f) The requirement imposed by Subsection(c)(2)does not waive governmental immunity for any purpose and a person may not seek injunctive relief or any other judicial remedy to enforce the estitnatc of the anticipated fisual impact on the municipality. The required number of signatures was calculated per Tex.I_oc.Gov't Code§9.004(a).According to the Wichita County E.Pections Adm ni.5.1rator,the total number of qualified in the City of Wichita Falls at the time of the per ition was 48,763. Therefore,the required number of petition signatures is 2,438. The Wichita Falls Professional Firefighters Association presented 169 petition pages, totaling approximately 3,910 signatures.2,486 signatures were verified on paces 1 -130.Pages 131 to 169 were not subject to verification as they were deemed unnecessary to achieve the required number of signatures,as the signatures on pages 1 —130 met the requirements. Based on the above, the petition is determined to be sufficient. Per Tex. Loc. Gov't Code §9.004(b),the ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election.Code or on the earlier of the date of the next municipal general election or presidential general election.The last day to order an election on the November 5,2024,ballot is August 19,2024. IN WITNESS WHEREOF, l have set my hand hereto and affixed the official seal of the City of Wichita Falls on this 24i°day of July 2024. M ie Balthrop,' C,MMC City Clerk 1300 7,1 SrsEer,P.O.3ox1431,W[CNrrn Fnus.TEXAS 76307-PHONE 94O-761-7410 Fl City Clerk ASSOCIATED INFORMATION: Ordinance attached PAGE 6 OF 9 PAGES AGENDA ITEM NO. 7.1 ® Budget Office Review ® City Attorney Review ®City Manager Approval PAGE 7 OF 9 PAGES AGENDA ITEM NO. 7.1 Ordinance No. Ordinance authorizing a Special Election to be held on November 5, 2024, to submit the question of whether Chapter 174 of the Texas Local Government Code should be adopted and propose an amendment to the City Charter to add Section 155 Collective Bargaining Impasse, be submitted to the voters during the said election, setting forth the proposed amendments and prescribing the form of the propositions WHEREAS, on June 28, 2024, the City of Wichita Falls (City) received a "Petition to Adopt the Fire and Police Employee Relations Act for the Wichita Falls Fire Department"; and WHEREAS, the City Clerk has verified that the Petition is signed by the number of qualified voters of the City equal to at least five percent of the number of qualified voters voting in the preceding general election for state and county officers as provided for in Section 174.051(a) of the Texas Local Government Code; and WHEREAS, Section 174.051(b) of the Texas Local Government Code requires that the City hold the election on the first authorized uniform election date prescribed by Chapter 41 of the Election Code; and WHEREAS, Section 174.051(c) provides the required proposition wording for citizens to vote for or against the "Adoption of the state law applicable to firefighters that establishes collective bargaining if a majority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts," and WHEREAS, on July 9, 2024, the City received a "Petition for Charter Amendment" to add §155 Collective Bargaining Impasse to the City's Charter," and WHEREAS, the City Clerk has verified that the Petition is signed by a number of qualified voters of the City equal to at least five percent of the qualified voters of the City per Texas Local Government Code Section 9.004(a), and WHEREAS, per Texas Local Government Code Section 9.004(b), the ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election, which is November 5, 2024, and WHEREAS, the Petition provides the following wording for the citizens to vote for or against: "Amending the City Charter to add "Section 155 Collective Bargaining Impasse. If the City and the International Association of Fire Fighters, Local 432 have reached an impasse regarding the negotiation of a collective bargaining agreement, and the Association has requested arbitration under Texas Local Government Code § PAGE 8 OF 9 PAGES AGENDA ITEM NO. 7.1 174.153, then the City shall submit to binding interest arbitration as set forth in Texas Local Government Code §§174.154-174.62, 174.164, and 174.253, or any successor to these statutory provisions." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. A Special Municipal Election is ordered to be held on the 5th day of November 2024 to submit the question of whether Chapter 174 of the Texas Local Government Code should be adopted and propose an amendment to the City Charter to add Section 155 Collective Bargaining Impasse. Section 2. This Special Municipal Election shall be run in the same manner and in conjunction with the Wichita County Elections Administrator as the November 5, 2024, General Election previously called by the Council. Section 3. The proposed measures to adopt Texas Local Government Code Chapter 174 and to amend the Charter of the City of Wichita Falls shall be submitted to the qualified voters at this special election on November 5, 2024, on the ballot and in the form of the following propositions. The words "for" and "against" shall be printed to the left of each proposition on the ballot: Proposition No. 1. Adoption of the state law applicable to firefighters that establishes collective bargaining if a majority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts. Proposition No. 2. Shall Section 155 be added to the City Charter to read as follows: §155 Collective Bargaining Impasse. If the City and the International Association of Fire Fighters, Local 432 have reached an impasse regarding the negotiation of a collective bargaining agreement, and the Association has requested arbitration under Texas Local Government Code § 174.153, then the City shall submit to binding interest arbitration as set forth in Texas Local Government Code §§174.154-174.62, 174.164, and 174.253, or any successor to these statutory provisions. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 9 OF 9 PAGES AGENDA ITEM NO. 7.1 CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Ordinance approving the submission of additional proposed City Charter amendments to the voters during the general-special election of November 5, 2024; further, setting forth the additional proposed amendments and prescribing the form of the propositions. INITIATING DEPT: Legal STRATEGIC GOAL: Optimize Engagement w/ City and City Services STRATEGIC OBJECTIVE: Charter Review COMMENTARY: Earlier in this meeting, the City Council approved ordinances calling for a General-Special Municipal Election to be held on November 5, 2024, for the purposes of electing a Councilor at Large, Councilor District 1, and Councilor District 2; further submitting a certain proposed amendment to the City Charter to the voters during said election. On May 21, 2024, and June 18, 2024, the Charter Review Committee met and proposed charter amendment recommendations to the Council (See Attachment A). These certain amendments (3 through 5) to the City Charter are also proposed to be submitted to the voters during said election. Proposition No. 3. Shall Section 59 of the City Charter be amended to provide that the City Manager does not have a right to be present at meetings of the City Council when the Council is considering the evaluations, duties, appointments, reassignments, removal, or discipline of the city manager, city attorney, city clerk, or the presiding municipal court judge? Proposition No. 4. Shall Section 134 of the City Charter be amended to remove the prohibition that employees of the City are allowed not to take part in federal, state, county, or municipal political campaigns? Proposition No. 5. Shall Section 154 of the City Charter, which sets minimum wages for Wichita Falls police officers, be removed from the Charter? ® City Attorney ® City Clerk ASSOCIATED INFORMATION: ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO.7.J Ordinance No. Ordinance approving the submission of additional proposed City Charter amendments to the voters during the general-special election of November 5, 2024; further, setting forth the additional proposed amendment and prescribing the form of the proposition WHEREAS, on August 6, 2024, the City Council approved ordinances calling for a General-Special Municipal Election to be held on November 5, 2024, for the purposes of electing a Councilor at Large, Councilor District 1, and Councilor District 2; further submitting a certain proposed amendment to the City Charter to the voters during said election; and, WHEREAS, on May 21, 2024, and June 18, 2024, the Charter Review Committee met, held a public hearing, and proposed charter amendment recommendations to the Council (See Attachment A); and, WHEREAS, the City Council desires to include the additional proposed amendments to the City Charter to be submitted to the voters during said election; and, WHEREAS, by this ordinance, the City Council sets forth the proposed additional Charter amendments, and prescribes the form of the propositions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. There hereinafter-described proposed amendments to the City Charter of the City of Wichita Falls shall be included among the previously approved amendment to be submitted to the voters during the General-Special Municipal Election to be held on November 5, 2024: Measure No. 3. That Section 59 of the City Charter be amended so that such section shall read as follows: "Sec. 59. - City manager service to the council. Except when Council is considering the evaluations, duties, appointments, reassignment, removal, or discipline of the city manager, city attorney, city clerk, or presiding municipal court judge, the city manager shall have the right to be present at all meetings of the city council and of its committees and to take part in their discussions. He shall prepare and submit the annual budget estimate and may make such other recommendations to the city council concerning the affairs of the city as may seem to him desirable." Measure No. 4. That Section 134 of the City Charter be amended so that such section shall read as follows: PAGE 2 OF 5 PAGES AGENDA ITEM NO.7.J "Sec. 134. - Political partisanship. No person about to be appointed to any position in the service of the city shall sign or execute a resignation, dated or undated, in advance of such appointment. No person in the service of the city shall discharge, suspend, lay off, reduce in grade, or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution of money or service, or any other valuable thing, for any political purpose. No person in the service of the city shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any nomination or election to public office." Measure No. 5. That Section 154 of the City Charter, which sets minimum wages for Wichita Falls police officers, be removed from the Charter. SECTION 2. The proposed measures to amend the Charter of the City of Wichita Falls as proposed in Section 1 of this ordinance shall be submitted to the qualified voters at this general-special election on November 5, 2024, on the ballot and in the form of the following proposition. The number of the proposition shall correspond to the number of the measure, and the words "yes" and "no" shall be printed to the left of the proposition on the ballot. Proposition No. 3. Shall Section 59 of the City Charter be amended to provide that the City Manager does not have a right to be present at meetings of the City Council when the Council is considering the evaluations, duties, appointments, reassignments, removal, or discipline of the city manager, city attorney, city clerk, or the presiding municipal court judge? Proposition No. 4. Shall Section 134 of the City Charter be amended to remove the prohibition that employees of the City are not allowed to take part in federal, state, county, or municipal political campaigns? Proposition No. 5. Shall Section 154 of the City Charter, which sets minimum wages for Wichita Falls police officers, be removed from the Charter? PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 5 PAGES AGENDA ITEM NO.7.J ATTACHMENT A Item Making Charter Amendment Recommendations to the Wichita Falls City Council Whereas, the Charter Review Committee met on May 21, 2024, and on June 18. 2024 and discussed possible Charter changes. The Wichita Falls Charter Review Committee hereby makes the following recommendations to the Wichita Falls City Council regarding proposed Wichita Falls Charter Amendments: $ 59 City manager service to the council. Except when Ns-removal-Council is being consideringed the evaluations, duties, appointments, reassignment, removal, or discipline of the city manager, city attorney, city clerk, or presiding municipal court judge, the city manager shall have the right to be present at all meetings of the city council and of its committees and to take part in their discussions. He shall prepare and submit the annual budget estimate and may make such other recommendations to the city council concerning the affairs of the city as may seem to him desirable. 134 Political partisanship. No person about to be appointed to any position in the service of the city shall sign or execute a resignation, dated or undated, in advance of such appointment. No person in the service of the city shall discharge, suspend, lay off, reduce in grade or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution of money or service, or any other valuable thing, for any political purpose. No person in the service of the city shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any nomination or election to public office. whether federal, state, county or municipal. 1a4 Effective October 1, 1999, minimum wages for the following listed positions of Police Officer e I not nn] p nth a fter +,eryice Police Sergeant S2444,00 .er month Charter Amendment Recommendation Page I of 2 PAGE 4 OF 5 PAGES AGENDA ITEM NO.7.J notice t : utenant $304[.00}per month $4,395[.001 per month received by Wichita Falls police officers as a d of fink+ minimum wage requirement Passed and approved this the 18th day of June, 2024 Je row , Di rict ounc h Review Committee Chair APPROVED: R. Kinley eggl , Jr. City Attorney ATTEST: &JAI Cit lark Charter Amendment Recommendation Page 2 of 2 PAGE 5 OF 5 PAGES AGENDA ITEM NO.7.J CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to enter into an agreement with Edgin, Parkman, Fleming & Fleming, PC for Financial Audit Services for the Fiscal Year Ended September 30, 2024, with an option to renew for four additional one-year periods. INITIATING DEPT: Finance/Purchasing STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Each year, the City's financial records are audited by an independent certified public accounting firm in accordance with generally accepted auditing standards from the U.S. General Accounting Office's Government Accounting Standards Board (GASB). In addition to performing the audit, the firm assists the Finance Department in preparation of the City's Annual Comprehensive Financial Report (ACFR) that is submitted to the Government Finance Officer's Association (GFOA) for review as part of its Certificate of Achievement for Excellence in Financial Reporting Program. The GFOA recommends that city governments "should enter into multi-year agreements and undertake a full-scale competitive selection process" for these services. We issued a Request for Qualifications (RFQ) that sought out participation of all qualified firms. We received responses from 4 audit firms. Based on scoring by four reviewers, we chose two finalists who came on site and provided final presentations on July 12th. The review committee and Councilor Battaglino scored the finalist presentations and the unanimous choice was Edgin, Parkman, Fleming & Fleming, PC (EPFF). EPFF has offered to conduct the audit for the fiscal year ending September 30, 2024 for $75,000 and proposed fees that increase $1,250 each year for the following four years. The attached engagement letter which confirms our understanding of the services to be provided is attached and is recommended for Council approval. ® CFO/ Director of Finance ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 12 PAGES AGENDA ITEM NO.8.A Resolution No. Resolution authorizing the City Manager to enter into an agreement with Edgin, Parkman, Fleming & Fleming, PC with options to renew for four additional one-year periods WHEREAS, the City is required to have an outside certified public accounting firm audit its financial records on an annual basis; and WHEREAS, the City receives assistance from this accounting firm in compilation of its Annual Comprehensive Financial Report that is submitted to the Government Finance Officer's Association to be reviewed for Excellence in Financial Reporting; and WHEREAS, this firm has offered to provides these services to the City for the fiscal year ended September 30, 2024, at the price of $75,000, granting the City an option to renew for four additional one year periods, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into an agreement, in a form approved by the City Attorney, with Edgin, Parkman, Fleming & Fleming, PC for financial audit services, a draft copy of which is attached hereto and made part of this resolution. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 12 PAGES AGENDA ITEM NO.8.A lel • ' ED EN, PAR MAN. FL MIING& FLEMING, PC G'E'nT,,E.D rmud ACe4':"•er ai.,,, U IdlltIPAF,0-JyfST,4erIru21E • F ,.Et" 1ia IJrr: re L tra;lh Lw'Ji WII Fx l+F .a 'J?3 N3I1P.rJl fi o,.1 i,L Pxr*aMrr SPA PH Ii3 01 -3S5�k - d,11:Irs4tla 'trr..F'7r, i Pk, F E41.N.Q.CPA Lill} 15,:C14 Mayor 3ftd C.ly Council Members aril r 1.tr9F7r.agar .r.e cif'.ae Chita F 'era* c•0 L3?.. 143' iriachiLla Fa?s. Texas 76307 ktay.r.Coug+gr Nkembels.aria City Manager wx'^-ale of a-ecr tc comma nue unEltFtizi.n lrlil at lhe suryrres WE are la Drovioe lee City or Wlchrls Falls. Taxas :Cl,,yrJ:-.-x11u ?ear orltiori Segter bo-i 30.Pr77G A,atlh SrtFKro.ond O11Jectivea ../.1.2 W.11 Roo': the F17r, : ui010n',a n! 4Jf Ira4 iliekretncrlenlal anevihef bLs.rese•type;tc11Y1tie!g Lnfy Apirg g".!f d.11cr LIty-pra:,onrctl C6relrAftetil brats. 031011 moraal fend. rum the stgg°agere rerrt1 r1Ir• 1,In1 FnNy-rrielilan .rCiudir,g thfl re"a1ed 'Prates to trie finans;Isi Stalegl rh*$ *fl 7, Crilltit lcwe+y aoanprse 91',e ta9iG fnanraa+ Matemenfs or Pre!Oily pi UWc.=1H F a I% Tri/tIn PI r.1 art!I'm 1flr yaarr e-nded.eptember ¢ 2 7.1 A1,4.0.iinlirig stano1rlyi, ggn Slily acciepr.ed in I.'. ..;-,•"aQ States of ,+4merpr.Ai plprl rqr colon re .tllte4' s,..ppkyi-Eptary 411.11rrwitirL rr;t511-, such as r,qn 111' ;:, :ht.J.li-en Ark' ane.yski 1MID&Ah, lc supga'emeng Ifar Cif,s Elyq.e fnanciEJ ataiamenes .5...0 Inlornl ";r. Eiitr,u.+:. i 1ol a part of Line basc fanancial sffslernenia is r=;..,. r, Pr.e tir44Wurrtmerl4t;A.0 4sahtI Iy !, nda-d; Roari ma oiansiLieis if 10 be pi @9xyeir,Ixpi 0011 or°Ir;xnrlo, „ r r,-, '7r aroedig Ihti basic Ilynanr al:LaI l arils in an apyr4p45Le 441er3oftl1 th`,ndrnlcdi or la-stori,. .a.., :e,:! AS t.:i-, of our riniaqumerlt• wl` voll egylyr ra41 r, IirnXRtltl DA'oceoureq to No Crty® RSI In ,re-,:cored-.Li..- .,I., ,x_rJ,...-•;; e tenaerdE generally.JtLeLil.[T n the Un.lae1 SLa[es of Anaarea These emlea era lures W II Cana->I.:;1�•-quires +f rrarliipmegt regar0.1,g toe Menotig P1 propoeng Ina inTOrrnar+an w,d tarn arnq Oh,! nrr„rnaa on tar Gors's!ancy Wei erranivgemef11"$ regp0145,e3 90 our ,iiqulreos the baser financial ytetefnenrb ar. caw n91n edcIt vie Obitairialid;luring our a,elS1 of the Imam Gnrnria1 Stipt4rr+y.its. Wu Widir,rtl,i ea[pfefrs an opr•an or DrC1u'de dry a,SSueaF*ca ark inn InlcxrnaLlon pze l,Iea rrle hnnita.3 PriCriofaJuileS Pe .nut provltdo us wgbn 5Litnceern aperopnale evilieRtla le eXpieSS aft IrtlrilOrl or vole Pe any asq;Jrar.'.3e The Lalioiwfip J 1I 1 reciLsrratl try nerallq a ple5d aCOrrurrrLrry p!indple s anxi w,i1 be suNer4e4 14 rt@I'k broiler; FIrdCK1Lo1is, tx.JL All! na; tie atdited I MSnageirte►iI'6 D.S.4umion ann.ArMaI (MOM) Budgetary Cnmparlaori SC1i4au 3 C,AS#Fteop-ore4 S;,rdveln eitary P®nst[rr' Iridrmaion 4 C14.513 Rt4.4red 5e poienianlary(1.216 InInArriaba., Wu hams aLla:Peer"erivi aid!a revert 01 emotrl j y.11Pne.noe-i,otha:u.I 1P it Ft$I 1`,11 nc i mpanl curl C"y et 'Nil:n il FaHt Texas" 1;AancJar stefement w*,ie:h are 90 be; Jr.asc'iluc n Ina form of an annual foOrlpre'1ens•wr Fxnar'or. R DOrt J*,C;F14) Win will all Jtn1 ihee ro ,ving aupplerrienLpry •nto,i i7iIiPn Fri Jrie auditing prpr liii" apfhied In oaJr audilt of!he financial alatamenig ar}.1 cei it agrl!:ICrIi,31 ,;rytrur,ds,rrrd.ed,ng. C4mpar;r19 and rtarpnDihn1 s,rS''a inrorrnRLrarl rTre Cary 10 i'hre 11110earryinq atfctir1n and Oilier records used !o prepare the financial 51a!emertls or Sri;flit riri r"C.ltr si@leinenLli!!iamselve5, and other aor1ir row nrnc, w.uw5,ri iiiienrdpnr:in w.t11 audilir*g sla'dar65 generally] ecceptad `r. MO IJniLirrd ZIVIOr Of AmcrrGil rr,11 ,hr'; pr;:v.1r an Alan,fin 11 in re'11114ri!o Lno futa+tcial SLIMMER/EEO a w•hple. ill Jt reOn carnbrned wit"i u.r duo; = ,roar c:si It's f l8rtael starerrerla 1 Si Iio,i.lile of Eimeno,hures of Feria al and Stall*Awards 2 Pllafiang i F acuity Charge Alon.tOC.F,nanGwal @Nits Nrnb PAGE 3 OF 12 PAGES AGENDA ITEM NO.8.A Mayor and Cry.C,,,auperl Meelgi6ru and City Marlog8r C,fly Of lilildrula Fags,Text July 11€ P07.: Page Two The l6h rg c!Ihei IMa+rnak SchtireprlrFVMg the f'rlinnial,ltlsi8rrtwa wdl ribl ire Mitlialleci Lq'Ws auditing, waredrj-es acpI'ed le ottr swat of VIE rratwncIL>+81flICme►el,gnat'Mir a„d'La;a laded vote rrinl drtawid9 an opiialon at any assaarantic qrt thin Inlp,rrlAI:br Carnbrnln;pre!rydrualL1i41 Fj!' StAI/+i an% 2 Supporting.Sc reck.lea 3 SLihlifr;ltfl f]rilH TIC(*21.-Girtrar% cad UJ bLd! am 1d etta!n rr.r,•;,,:,,., nsturance ;donut w.lo,�l ,:° Ile, I ',I,. . .'frnrarrl$ 'II WWI! a•n rice trawl matena misstatement rp friikirl 4,r eerr& hro7d sr,,• s inpar1 lhah nChiclt s osjr g171h ;.ti bl:'ou1+rhokhar vc. r°" "'ri1 statterrv-dnis aria Ivry p:eyeh,eel -F 1 rnnlgnar rdspects n atnrentilrp t..Lh U S. gunarally aceeFLasd accour airg pirnC'p1ea arl4 1rt rew.ry iJ r guppernanury nfGrY7p"Jr5 lefer'rgdt tC' Ir !hp r prd paragraph W'.en c,0rr Uo+rPd rn relrrlun 14 1he 410n0.1' 5E0ker'1 11ar as a yalivJle Rearnnable assaranre 19 a h41 revol as assurans am is real aoso[irle ag9a.rance 2,111 ine+ra9.r w!iri nok a g worntoo I471 in tJ'dr9' r'tl 111 1e4 2lord^n:t2eKe W^1h grr eras etcephaa aucliTinc, kisnoards ant Ctavemmerrt A!diP60..,7 Sma triot73',vill alwroys dVLCC a material rnisskarene..1 .vha'n i eY-tsrc At SsrIpi'.rrnnnta r elutl+rig o'^*egioes can anne from franc,Sr,:arrar rang,1.1.. crr sidmrnu rsrl'."•a .I, 'n:t .c a sut'5tarrr al 1:elihoad trial Prinild1411ti.Of in kI gyrjiegate t'ii, cj.d'rhruol e:= L"1c 1udgn L•hL o'a rti•aOr:,sc,a user pads basest an the financial statements The osbje t7res .r g Cr'I ✓ I 'Lernai'JaSntro'aver lnarr.al r - 'I re; ° 7r*;.,anpe with prov%ions of I . pftelrbd3, luntl aware agruem nts, rimn1 , ;.r N9r^'r1 :=0.0 tlaiVti m 1^a1cIla CrrCrcl on ktle Imam.al sta'Ldrrilhts.1r1 a cCuitarice y.rih r.,.-'rdr4„rxIitirrq Sraand,+rrra£ ✓ Iriter?r;lr CYlLYc91 WSJ'cool"weInC.r i€lated to major orograrr-e Ertl en apinzln kar arEVarrlgr at op•itanj on t=larnpliiinraa Witt. rrer&c,aal +1it;.Iu107. 'o ,jlabr m. arrj Ir,e ]warirrs ar Cre14,1rrortw dr lrrdr!rr' Cw3043 Irwnt d u'd nave adoerk gnu maredni.diteti On ddCh maim,tfogiam In accmrdence with lire Single Audil Art AeluildmUntlt r 191 a TIM 2 c1S Carla Lit ILcoAriiv fi,7rJep,raahrerw Paul 2131] klrtabrrn Aden.ra,410aliv it 7l'.rr°n:prrlS. G^.sf P,rrrC+,[1h7S rarrcl Oath Frjtturrerrrronrs b c Fedrrr.,Award.9 tun-form n..J 'rirytts$. Lire Texas Shale,ar°Lni'k Cuoulur rind Ire Pawengdo F Cna+dei ALjd'1 CrM+'rld 1.04 PLib uc r::gencier4 Auditor's Responsibilities for the Audi'of die Finuniclal 5tatealenrs and the San le Audii lhrth W A'ondt,d orrr audit Ir' & _,«dance Witt, audlang se-SnclaniS leneraVy ecipied in Ire Witted States Dr ltnierica 'he wlekrrdatos roi 1irl0r'4141 wadi% odnidfled 'n (utierr:'rrr nr .iudrlw;;d ISsaropry 11 S.rw ir}irjilr r &rahtrral Gf l►.e untied SLaLi+s uwe Singed ,4ud'1 Arn2ntlnwe(1 &or 1.0.96. Ifr Grt.I ctld}rht c'r Uso Li4.1orrn Gu tanor d•tid Tnkas glove Attrdr1 Grrtt=iir.w'ii 11.oPassenger t=aciI.1yr Charge Add'r Gu.DR tat F. , ,+krjeicze%ahnd 1HYiI riclude iu is d!eccdvr,ang,ecords, a delerminahen of irtapr 4r.7grarniej'a,accoinarktv with he Liri form Guloarlga aru !1,q fecas Sdi a Audi! Crrctr 2r, and other prrb0.edares we crnside necrsary ro maple us LG 2YWIL•9lir Sur:h. Ooirh!vnn As pail al an MAO in anearelarLns gal generally accepted aurb1-ny ar+d2rds d.md Government.innif'ora SiarlOOMS WQ.dxerelSF.1,proitum nai hudtjrnent and maim°ry professlerraa ,.,ke.pk,ra.9ia'Jrwrougr•4ut li*e 111..G1 VveM* Rvr:ualr tPre Ap inrl%jk'di1rr',d4I Or' tpdr:Gun['ng FOODS used and Like retmeRaLallv'u39 or 6ignrilr I.0 autzur4ing e'S1lmales nmaa by maragemerl We will ra$4 a l4Jete LnL riyarrttr pra; that=.jn bN Lye `_nnrxa1 a1Jte•nrrrlLh,'.L u[7•r'+]Y'q rA,IIC EJIdryaP er,•y'drikrrrnins vtrin,iurj' 1,,, ri'anclaii yieren+rr'u*,rapt.-watt lrae under,y.00 lra'hS3G},.reh'1'a ana eve-)Is 'n a manner thaal aeh'.evies fair ,ra:r?-rbl nn We. .+wrrrjrr'n the Aijdr' to ibtul•h ieasovabrn,nits 1-011 .co ititiYiL whaliwhr 1P.e ilrylr. 'yyl tir,rri,..;. ,1,.art:r, 01 nr lit:-° ,.',!.JIo mein! Wail,L*rr7• frtYr 'r eriur5. f2i ffaudulettl ilnenCi I repot-Ong 1l misappic':-1,=:'..• r' assays r.t 'Sl:ol,cu i. of 1$ws if gare•r-neuula regulnlrun9 Ihrtr 11rw igUlbV l la 14 ula un!lty pt'r '.-°alomr'i chctnp >r� !behalf of It 2 enrtly fRgei Jsk :lac clelt'+r-"rr2Lrh-1 ua .aas'e 21-1 L„use su a rl4S ;-urr'rrr nr .irrr+rr,ry} Srgrt;.fnrr!„tlo r at e'ipeci audrtdes Id perform rpeI i1i r6ail1u Qr pLhinr• °.r.,nr y1 rrrrlctn non tl0 LOUT axpea aul'FOIS to",arc I e readena4'aa a19g ywice Of detetlir ch wr9S:Js oh abuse PAGE 4 OF 12 PAGES AGENDA ITEM NO.8.A d'Allvor rlreIv Curd rtiltrintors. aril City Manager ty of lAllchita Fans,Teei11S. )uIv 15 .111:1;i4 Page Trinee 13,err.nus. ci jIt Iir LI 7 11-.0.5I.C.I.S..51. the: nriplriont.trn.hAl..Ons ot Itrr1i onutii• ion iy.r. •inn J.L°.i P...:%'. 117+87e FS Zin Unstite.esble. riSrt Mai Some "i'.1""" PP `":''.:(P'"P:PP. :PPP (PP b tive, t4:1Liir the dit0,1 I prOpeny o P°.171 1.1 ;i2".c".31Iy accepted auditing sterOares grad .Sriverrroienv • IL Is 1:0 01003 Ohh,JEditienit rhilaiir.aletretlalAbe Ot.4.10CEplwre,.erf fr " 6 'Mr ClO het t•LiVi) a il!°.ccl, aria maler al effied on the Inaociat sialements or reitere/win ,0,11 ofcinx, the aporopr.alio levet of...harinerheird Oh any rtlalArA: e.trext. iJry flBJ171--Aenh'''r3 E .:.'17..9.411.1)1141...61Wr%cjissets tin:mei:ono Lo rlur attired:run Arc will also inform. jn aelort Vlet 0l i;l!rPn! .1f arir viCaoLorts el haws ot Q.ovenirriental tecanotionv /nil corno trr (Irjr aLlenUan eddy n.:Lasequefttisl Odewill Ticlui3e %WA 41-141:110rs the reOant rereellae ler a 'Single OLii ntregiOrtsirmity diARICPS 141111811 40 the period capered leyc Ruaet iD li0A75 Ind tortes a...y later Denude filar ich wt..are not enigageo as si,-eitors Wu Wi rit.rarIuide !raged en Line Audit ILLia..1E.1Ca ablapriaci. ireimmeir irara afa cairu1ii.5nse et nic - e In rne aigigreoelo.Ina!rate autskarsise!UIiVF iL Lhe gavel-rimer-I s atiliair1ocariliries ai a gong cioncekon sser it-livienOtile Dalian el t•m prOtersiteei *II ljl lelts or rsinioriici dnoe upp011..ng. trio bart&arilloist fectiaceo lii IIn actinirlS 1E145 of the physical existence of inventories and rtheitt cCerfvrialion ofritioe--yelbles and ceela 1either EISSO4B. ere lerilo'ives Ley Wrealprjrpelt. e.e. teekryleei i1dII4j. IS lunceng searCeti.. crE.o .Acto financial ingteuLone Wo opt(aSto request written repre-ae.ntaltrins ironi'dour attorneys- .7if the.4,..1,wgeirme1k, atie LivSY Inert'bIllyou fulooriclog Our atAllr or rtrlelliil stelkotantili ikati rtO1 nalkusre you of yoser rig+113011,444?ditilli Audit Piri,crilures Internet Central wi obtai,n on urJrirLar.ii9 Ell the qe..V.11...irtielf.1 arc en....illeingicte. olitorftsel control stiffic.ert1 le identify an;;; titAir.S.11riti liSkit pr rtailler4 i-setatonnaril of ire Ilnaiclal st3terneVe_wriellnot doetO VP.CV Or fraud and te design irld ploartOrh° ' rCrIporkicy0 10 thOge r.ck non dOIwpn eioleter,M Met IS 57111.7anl a"2I riate to . • so; our up IIVi i Th •:' not derecUna a ffQterr:ie Misstatement rerwInrig treat 1rl 5 r.:11-;:' Ir.., ires1011.0'.1 hOle 130•0., ;la 1rL11J0 loy collusion rcr]el- untenarril amiesioct • smernas coi-11.401i Tests 01'Duntrocs Th44 be OtirfOrrriee to teal the oftr.clwerese. crr T.r F sidle' relognm te nfetrartling /Joe eictoCiJig ecrui.• and Mudd, Mat are metierse : Jo.) K eoeivarlarg dete detecting misstateenerit io-n dlege' acts Poe' other- norcoror p:rh-F T:51514: Si iliwt end mate-hal frtraCt or l'icI :el statelitorns. Dui LaIt f oerioimeo , fitammbry IrS ranger n 'i itaroal cern; ali%1. eOzonalrgly na nor'Ir It Lt rEPOrt on interne! etletrill Jeri lo Ganintirrisori uthring. .Jorlform Gu dorce.[ha Taxes Singe A.cIt Calcular end itic Pasearger ready Gticr ior 17.1L, AgenT,:e4 we wilt perform LOSts or co-roo.i. orpo'COMOlianice 10 evaicare the el'ec; Oeetigirl and maeraliOn of rAnIrole INA we cerise:er ionsvent lo preventing. oi Oisk&c trig .noriccetipeance win complianOe reqvireinen.4 airtaktabe 10 Oath ritiArir rodoiel aria stale aware litweetrior, two 10%11 MI tie I0fl lr COpo iron woulo bI rOCCIUlly !Arlie'.An win,xO !rose,c,oiorroii It aocorn ngily no no.mon will tie eXPreSead lo Our rf...00r1 On intar.nal COntrei Iteuedi adgeuerri LIPtP trio LIrldbon 8.ulapren raiktm B;nio circukrin inne bus Re'.4.5.tqlgar F malty Charge Aud:l Garde 1LYRucri,c Maonoic* An lugs! .4. ilia Oesirronl !u Firatiide oe. contros lo Cereify Indicant oericierielos malenai weaknesses .isk_n_ordingly we will egoress ni succ op.r.on However. r1,10119 trey 5u1:01. we Iwo .-10.rittrsinItSiile to M311{1.41.6111C41! anti; Most chaegeij viler vOVEtirrrance nenlal eontEo% relabel mations anal em 9N1tritel la ath oarnmsoicaikm urdei FkiCPA prolessional 51tidarot. GOvOTTIMElf1.1 .itudirmp 5triewaroa. Llorliorni Guidance the-resits Elre Audit anti Iron Pasili.rget iil.liCheirOO AL.:1;t Galas"for Pub*: Agencies PAGE 5 OF 12 PAGES AGENDA ITEM NO.8.A IRBY cr Red C4Si trcte ',Armee/3 airci Cilty Mimic of City of Vailettaa Tama .:14.0 15,213.2d Paige Four Audit Meadurtas-CompIllance As Part bl bbla.ning retiserobre. assu 1...• illstpul ▪ iltrplt.trm1-05 our 'het. +31" "lariat's! ri.setwarner.! we 0,011 perf.,).rrnriote$,.•:.1 L Dl epa.canle.1.3...ys regL0.31inps Veereienrs. grid CO,CC. pl&CKILVIna Ildk, lab; De. In pin-0.1n an c.airlion on !overall cornpl arr.& :• oL oul ruKift or! cbrupianice issued pursinsfil to :.• Tic? Lar;rnrrh Gun:SwopetF1. iuj 'ry Passarr F.acterry Chue Atm Gude for Fu Agereies.rIfl .#i Ier irJ j 'IL••'•11-e Lo Malan heasoriable assurance atoul whelheir Ng.ellAilve It h applcable leclen jr Qrtlifl r r - * !Oespoi.mole to Me4.34.13raly3lIAS. 01'tev.6 or iranattions somicaole Paaff..D...riffS deg.CAD.00I Ihlt OMB areryfiarlVer :.'"E;VIDES 01 DI:impianDe regu.rerneris rho cuu.e. direci ii 111.1elenal eire,_7, (11.3Erl ol lwJ Ci iro JroTms For Noma wogrina Snail Arrt InCit1610 :he Compkance guociArr.er.t cernoinrur.4 ad)d r1ler-14! rro-iti`e ofotedges *vete le the compliance legurernisinis that the CtirrID.Ana.a. 51.41..pircnomf iIIib aS blip subject le audit Iris purpose of thole Jefach.reS will be to 1;..press an coinior)Dr'me CID/ 03M0.1121Ce with rexhi.fereerts as:Jo:I.:Awe to each of es molar[Arai:Km-0S In.3u ....20.311&l 0a11plISTICT11.11.11.1..010 pumueel ie!Fri kindoim Gybaricet10 Texas Singie Audit CercAlotr,Ansi the PaS$e•-igri racII:Ly C1 la,fe Altal.L abode.For Putic Agencies' RespoensIbillities of Managerneoi I. irala FaaarK4ai Stakarharda and SiOgle Audit Out autlkl. will bl? ebincloptea on the banE met yc,i. acknowledge and Ur4viE,141,10 vo.r resportsoolloy far I'!) deslprmg,irrolerneriling richselivong ramp ete.ritomleto effeel.ve,n101-rupl Controls rrIewaril 10 the prebaraldri art] (iv prese:11.5!ion 01 r,nan.cial 51181eProells Irue rvorn TiLOl2l rro-5stateme11 Al-keltier due lobe:x.1a e7 error ir1C2uOr1 ebrurce over federal awntas and ter eyaluelle.p Fled rrierdlering wr..qcomp ▪Sure'.1'1;11 aedrObriale raelaIS end bbleClweilCh Me? i:2J'0110.1V.hg 121,66 20)-t1 rag LAakirts.; )ensubi-ig!hat thee IS roP+9.,owl74.01 011,..ir*rCe 'leaf goieerriimerd orogrerns are faciminielereil fl ar1PP111r1C4 Veir or.geolior..7.4 requ.rener..11.S aril° (4)erisurieg that maragerrierl and leencial,ntormaihm ia And brOplarly rieber1m haanagemerri .5 Rev IPLScreeltbli,11 repr Irr11;1143r1C11IN ytiA CkeErviecl r.o etrnieve Compliance 1b erivinelaqie 1.3191.M.fegWa:ans, cor.11.0.0$ Crl 1.f1i ,o.leurnbrfld Yet..arc Blao reeportsrtin l the Eelecbool and awl...camp o f ."- trun::,04 enirtooles re- me rrep3131.an no lair 1;41M941211takt.r1 oF rke, grarcal 1.1AtarrerliS Schedule el tff.1111ND14.1. 5 cf faberal and stale Wifirafi tina ILO V-Ctirno4hys,riclliii ahorl in Oorgeolinlly wilt)US gerleir.S1)r x*ptedametaalbnEr oahboas and Por CaMr11.2r1r2 witirt applicable laws spa ! i(}J' uvcLrrifeiie,e# r Wel end Era fires sor-e of c imdC Ord 911ad1 a9rearner.la imelimmg .trwaro neeements) Newr responskbad else inCIUM .deelifying cobt-aCto• reilationthos ,1-1 which tie cactracter f)a5 .usporrstOildy for prelni-r mi-erAciaricc Any for the accuraor and E.Corip,111ketrieSScI ra!inforrnadion wrote aryl .1111441 feseedisiblii fits. rtliikinc1 4r41116 of rimen.-.1161 Staturner1tt scheOule Or.1}.1WeridltUrCca af leoev41 aria gale swigs 0111".41f1c."4.ncr and lotalect mforrrarlion avai.aL4e for rhe dcguracii Ira acsreple9ertassLII trust •-anti Pons oulside 01 lho gerriV.L add subbidolfir ledger%) ;uric for .1.141 !Wall...SIMI, D.7 !:;v1 4.C1rIS eYre"il.5 ConSiclalc:.1 aogreaste that raise sostancs. hi &tto1 ird • )1' 7..wbrue as a, gvnp 11.a 12 reboths. efliri t1.4 4'0v...041 sleler"JriLE d'311E 3r are 15154 resocins,nie f.o.,11.-...ey us ...419 I to ail inform:0..7r. ;4AI CII JlAr." -wc•c than i25 IT1eva1)t 10 the. poyciam Dr a^ci • ..110.111 S...r.:7". as racb.d• oecumentater der111C21.011 f re riu#n (.irifti LI . ,e.m.to pally relaliorships arm trA.-19..ac1lons Otrt-..bnor.d.4reisorrs aubaorl r 1 r3C<Lirrr.-0131109 anil 0:her neeilaal !..r•fbiriv. 1.! ▪ Guidance, 11) 114.we./hay :he purpose of-he alio! en1 WET govErrinietll from Whom m_ .1 flACAACf 0 oca10..1 awo.r.1y h1 .i Al i.c caricluclor OF our aud.L. we w.IJ reou.re cierfain r.othbi buul VDC t Tesporittirbes far the Snancist state-nant5 schedule ni itigeole.t1.0% +r,k1 Marla /111.1(drLI6. feobral aware programs comp..wee WV) ILIferS replalruhl ecraracts aro grp-' egfr,•• .nt9.and relarlKIME.1.1erS PAGE 6 OF 12 PAGES AGENDA ITEM NO.8.A liklyOr and City Colinc.11 killisrntorms arld Ci'ry Manager Dry ot MAU Fails.Tema July 11 2l324 Paws Rale You! vosoorit.di frir, Pnry.e.L.r. SIStrlioientti. crt1mutorial sioolemerrts 4." •..i Iran Ma DffelAE.1Y any uncoirroiged rinstaicrneri's .• ; lo Lb IILpuu,nitt pregorili-O ale I.:.: I uciata.lo lne fir3nm'sialiqrner'.5 of eacii gz.flicm bolt taktilia,s yoir;:t, YLIL 1C.0 0%11. arid,cripienienlasor a-I prGiyarn$arid C1‘103(01Z10fl,Wyerl arm tnit,ct orduci and 0c, , rya 114,15gotwgiUtl kirlud afflicting'Ill.gLillarnmirr1(IrIWC4ying!(1! !TharlArMit1111. (2) Efm.L'°:',ef, '. 'Wive fo&es In nteira czat,rol 3.nd 111 athe,9 otinere the fraud it3bld ikaito a 9t/Virforin13 Ytiv rri-trtiCul$17,:irkus riClude tiS OP your 10-louledrie 61 am( SLItIgal,:r1E C paci ia..., 1".1.601e1311 ,i irecir,g jhu gouurrnmant tecerved in urionrnilnioefiasks from eruip.sveks ronture trellavnaeterorTeg...11R1DP3 alrikrel. rtil,rug rag,,rpuri*Itru fur,clentiheirlo gnu"erpiin,tog blot tre entitle complies with aorneatile arik+3. torr IiLli2gree4Iionts an,C1 gronis MEn I s B„,30lQtaimg brThely Rbiuluj74'3pr,Rre,EF11i r1U1 I rnCtirripi-swou E^,,v., 12nuO, rolguiadonti Dordracth ono ghsnr liqmenvenei or awsi,e Additionally.as D.? In. Ucaorn4 GuiintInce ant Orli Tex Sird'eAIL Circula. I r ri. i I.!`,°11LS re$1201Sibb:114 a=o ratine103 nunceirnO.ande wilti Federal slalL.ies. 141yii rid conalrohz131412u.leusi dwaiciE raKe prorrica sc1.4-1 who-, irvundts t nr000rripli4inc9 are nonoorni011ane,r.i1 1diJaUdik rikdinNu. iv. and tisikin correctyp action an rIpparlel Ago!r lIIiOn ro p.vriv-U 1 3,,,,rirriay scheduie or 1:r I 'I," figs and u soraiale corrective arlio, pI Tree 5,111-rp-anr, sr:nerl..ve Of Prior alot4 oiling%incr..Ort fur our reidierwdl like comoloi,un of trio aut.ttridadwai.i. You aro rut, toderol !wards ickciowera Bind undere,Larrding gnol cornoiregi mit% kho W/rifiLlenGe "CC:L111,...,11.7'75 aro for this pWadarPfori 01 the trintietkie111 avorciqures of feceral ayiE705 (including r,nFE .)no flO1oI ,..6a.ostitrien isCiervild and 1OVID-1Ei*Idled concepts such as Iasi roivo,-,u0,,.. apove,..,,Thicl Inciontortirity with tne L1nrorrn Guider 'for,;urea to iNliude Our witridli On Lue sChciiuke orexnecidimrsis of reillord1 awards in ally incu..t•tirq IPillcoriirvii snit ii'r,,C.orrsi that We haryri eeporbsil or tho scritOwld Or oLilfJcoi todlerall EtWanalE VOLT 2LE0 2Fee 3Q .1r-1r-10. the auoi4e.] Priarka' statemerils ary fyesortairion of the ied F oNpleochturies r1 tderol awardg IP-(111 trI,CIUDE9 rergla ItirOretta Your resoernic:ediaELS WitedC d.C1.,nrowcisit*no lb us in!F ItEflreoresenlat.din letter&lot I jyOu are msponiJulu proeieritanvn of the'schedule OP ciolX10011.0.103 Or Nadl Mare15o oCtionNanee the linftm GuldOrce 62) you 1311.E.g&"ne oc.noduie çp fiolOtoiPitu,ts ol fedisil0 aumrcrs. Including its fal.rm 30%11 UnfiA1 .8.3.12163 Tal,'y idt EiccorCriphte Oorill the unfo - Guinco int ricIrio T mea4Vnumainl 0cpreEEn1 awn nave not onc,ingiqd fre.n' those usall rJr the PIOF pertOO Or II f.a.ts cariged,re reasons for is-1th cnangesj aril 14) ham kl:S any significarel assumptions cr Ifljjjrl1.110:0/1"1- rh ri-leeiLlnEirnell piesentatiOn of Ncvttlule at ewoerid,turos of ledval awaids Vtiu 1.12 tila rcsocinsible IV the ;,v,ep,rahOfniF re,other aul.‘olorxvitary rnfOrr zii 'OM hovE Oat."( Pir9,3gtOrri ref2erl ir.70rInernrfii,yikliq, U S gene/an DCOlatitad DOT:23un,finv agrou tointliorfre our/0150/1 on iitia "i'rr On In any iffriX,rnifir1.1 raibli!alrks and-rbdicaies VIM We Rare[Bowled En FOR' SUP1:.11r4r.".!ary You ilea agree So include the ouoirbeil firrant-411 witw ant pitilierdMitoe'. -1 ..formollan this!. Our rrtgIN1 thegson Yaw, BEKnErAledc.',1 .F3r Eientalvor 'Eler Mal Ii) You art ireSpOble fOi VOS*ritation 01 the In.abfilirriiontrpni hi , I. ii with 0,1),AF, 1;!..-jot.lzralitin1TIrSupolMioirary ininrrn6Len, rz1Jclolis liE iOrrn W10 c.c,rhh I fl addOidance with GAAP 131 the melnodia of nirtto%iirdrnent Oc Orollien'orir), lhosis used in Mu allirr 010.ou :If 11 ingIV Gelarlc-C(1 tI roaSurisiçl such Lo us ary sid-Wican!assurnp:1orid er.PlerPfel*ni1.5 uneeerncl rOteFlow.mii.", Irwin ol the supidismerriary Pakiriagorrivnt IE itrtpvi-AbtdiA frir EubtlIrq11 rup Eiati M1414H.r.lig E "UriA 51ire,i2 OF dail rid.101 rj tdiUgorporidalions 2rlag1an IC aso resonni.olt Fo IdLfiluFylr and providing reporl copies oi pm-rpows rnz-nO nuciolA Or 001T, wicp9L41tntp. Walton in the obJeCirves,disvor4100 fi trIOAidi 5ccissiiirlirl OblciakIfirxntip trr Th-o rEs,TonsiOirly ,ne,Liel0 relaying io 1.15.r,torrectiyij globly,s tti address iikcinOcant firbcknijg Ard iecornrwonoatieni re6ulling Erman Mass ajilits or clhe,endogornonls,or itluo ins You wri PAGE 7 OF 12 PAGES AGENDA ITEM NO.8.A Mayor and C,Ly Cnaancil Mutereber4 *41004Pylgr+l��1r, Cwi r d keit]P.ak Tex;ea Jury 15.20.24 Paraa Erik d$116 "eINDoek1Ible for prow.dirrg rngnega,menl'ai ViiW Orr Ow' Glr,rer,t ilndlr3� [s]neauriIUrid and regeAir,Ther,401..+Or15.. 5 v CIi eke your bi2rrned GGlrracIrwe adl ions for the report and for lie tirrrng gn0 to-orndl t{s pd,ti.dinc that n,Prirrnalion Oithq r 5or aG Uri Sire rr, ;"0.e V,n P'q ist I'e)ill Ilr3praCarlr getumenlr, v F n.:I;rr rl 1ac ncfredole air erprenrilIueos,a3'hedaypl and stark: 1t+C.passorir er ad,[•'tdr charges .audited f,n,.anciai sTaiements and IT,O. I'=..rtiSra 34 w;rici:• °p', r+ Gontrcr,l y w'r3 Ll S woe-ally 48:71404 04:Ce•Lantiii+ cirri,;01u41•. l►bm !tnrFtarp „.r r p 'nxew Sir. .. f,, .1 I.fouler.aid iha Passera3ea fir.iely't;ai rgr,r uel.1 ti,r,de for Pub' Agcry.; L.tx-D: ,.,lc, P a ir„ =,rr.. • ytvu trroso "[hMrau"l t•"ry ?fo rol pan51!.lta ail sari/1 Linear .::I &e.Vieft AU!rib!lac,:. .,__CLc dim L1+da lee.vote Coirpritereerf Aoehfiv bL,4: s ,,C ,I I u,rid.,^ 1rr accordance :a'+rssiOn31 eIander a The ether services are limited to 1ne ktaevei a,lsi'liimrn.,s *Llpdiak Of eeribl:U,lae 0 :r '1:I^rtt aria stale ILW]FOs end ream] note% 5e4V,POS pre4tpi.a" d5`tiea Vide n car crLsehle !Mri ryfll to rutu5d to odrii*I-'t and Procedure Or lake any action if-.rd cau'd te cor_.I,.,r::,:-. .,..o,. •.arrdrid4r2i ri3deriF10,rtgdt,diets veru aged +_ w7: 1,1e: all marr,agprriprli rageotleitr•lliee rclitirill to Mu FnaStial e;alorliertIn schiadrlle of eiu nQilure ,I•ri i+kra,;1nti Mae awards.related raotps,and any other norieud,1 selrr,ces wE'Hay bw3ii,kka wo i will be rrr r,,,lrtid 10 aa'katowiedge in ree rrigotigairiani reprt:r.v,tglron low OW Oaihatriirir.F wirh pluta,artltiV'i al Irie ,5naanr,:a rre0.:r10 Di expelitlitu+`e! 4i f8deral and state awards, end re"ailed notes ar4 trig! yfiii �.,., ,"•r.i:i Ono repPl+eved L",e P.r,ar air atOCemerria.aLild din#01 erpnrin,k.lydyt di ia`derrr and slats aWrarl3e. :3 ,-::_leo ^Otes prior 10 flier =ldkti0riCe grid hravi aroMolod eesponsipil,ty for them Further. you agree to :n• r,, rh." n'hi'tid,l cereittit t1Y deelgneeng an IrtkyidiALL preieatitht,y 19 Gh.wira r rnalr„wrt[wrilrrtt /rl h aioiLatime i.r i.rl:ZOE or exlaerlerice ewaivaitei the aUersuacy aria retr-II?t of IF',dse servx:ee and accept respo05,1Dii ty Engagerraeenl Aa$mtnak rieltairt,Fine acid Other 5r ureioaalarri rl n"ya,.r sire:wp 1F3 will prnpera el Case ter bltTiier cen`rma!ianls we re e t Anil will Io,:.1 Ll'1•I 7�s ,n'tfint�ar1!;•t"irtd el x:s for 7crging. Al the conot.sI.;,r, :a" s r. ,.....:14Jrrntiht, the will cmmpe"te• ! uppropr:ate seedicxte of like Data Cream+an FDen the' 5Lrrnnarye r., i I,.iga LI i; m,1 ri lu.•., II, .,tiG r+514.11 10 e&eahraniceity submit Ina reporl ri.9 eaciksgI elv''i iiL r•q I ;' " ,i °ttilrr„'rrterlle 3e►,eidwla hums of I2Cepl awards 5;Jrnmar, Aoneoute 01 prior ar.dit firding=- oaa3_'crF'repone, and cgrrectrvr; .1r,.,I;r, 0141.4'} aion4 w.th Lh (beta cotiecl'bn Fbrr r to CY•e redere audit oatiaerigxlc.,;,i rwa roruaalnele wild' you iNr.i LeleGiaoniC sudmisstan and celifiLaatc.n The Data I'erlrbn For+'s and the repcireng oack:sge muel r': Si.emi•.Fl11 wtai lee eagrrrrrr e1 30 iraer*dar doff alter .eii'pt al Lila audlLa'=_raj jrl,i t.i.r n,"`.:rni''F,rl' &ler I" 'ivri'or it-.-Kidd panrnd tirhr Vriii pro de Games aP our 'vac to :b iO4 C i; , .,l.l-s,` r ,riyie,n en1 ,s rirsplonsgoe gar dls[r.butlr.^i rst Ertl eerNAS 3110 trio tlriarit alaterreI l,; Ur•b1. rCSp. ircr rtat,'.kit}n or containing 134iwlleilyta6 eiid Coni,dentiar,riiorinaLiao cedes al Our r,, a,Iii.pre Irk,a:,•,r .,,r ,e4trlr for i° , �da2c1ion Trio documentation lair tele i!F tt ;,,.,r r.r ,, n'r 1 I',,: ,rr FIe ,q E Flir^ning•PC and ce"ellau@es Crrnfl}o•itipt infl)rei iIon hiowayer.suaijc:I U a0roilcaa= =,•r4 e-•a Ilr:l =,,it rgic t,inflattlitIon eard eporcitmate .,rtdl,rldue+tn w•b tie matte elrareale ubpn reMqu.ri.J or.:1 ,-t I :.,",,.: I:, 'Iranhor ogeicy or 11s dos 9 ee 3 Fepe:ql a4teri+ "OrOymerlq dived.er InUerect iWn.dr_ C''.'.e d a 0 rr.r,,.»-i A+20e]urira011iry Oft. +tlr poi llet tat 2.0I2:`IFy•evieVe tit the 41,411 to roEavid 2i,I I ._,r',r iL. f.:,, r ...,, :.lire Slid rh.pnr+s.t*tiles We will ripple you 2i any sour~`i requ eel audit y-.u, L a al will be provided under ttiuC?INntr4r1 Ediv, F2-emait Flemi 3p !S Fl[3r11n11 • ^-:,I•l.!' I,..!",r,.,1,,,,r, uf5:w reiquat,I. We kgY ptoeide copes aP sciocoed a.r .L ddiC irnerati:ioe is i}. -_ u,r„-,1,:-,•;:I ; I,ram c ,1er'.ao5 may inland ,air ar�,aii. 1r diltkneute I`r9a G4IAoZ ihfdrixiatien Gr+rl:,l,nerr the:at.,n ;a oteets, ,,,YI.: , a:erar governmental PAGE 8 OF 12 PAGES AGENDA ITEM NO.8.A Mayor no City COunai Members and City Manager City a'V 1chila Fans.Texas rsry'5.202,1 Page Seven The audit documentation lo" Ihig engegrl{xerrl will be rrairwed for a mIrwhum of five years aher 1Pe few re"ease date or for any addoGprial period requested by a grantor ag ,Or feSferal agency Owe are aware that 0`ederal awarding agency, paea•t+hrougl•entity Or auditee iS CrantcSt ng an audit Finding. vrd w'i contact tl'le parties congesting Me audit fired ng for gwrdsancer prior;ip destroying the audi:documenilataon Mr Paul Fleming, CPA. is the engagement pa"tner and is rest rrls,laier ler supervising the engagement and s,ginirng the reports or aufhon;ing dnothc- ntl v10,10 :o sign them O.kr interim work is ttnis:irpty SChet10030 10 be performeo in August JU7d vpri year-end work to tentatively begun in early Jan,ary 2025 We wi*II issue air r pats-n March 2025 B its for #Bn,;u:, t.-"-r ree-dered end interim billings rrsay bo Submitted as work Progresses and expGr •i ;, I�-v v_i 'r a for Ins engagement will. be $75 000 This tee s based on anticipated oeope f:,7: :^„ ,:,ii ^r 4' "i•' and the assumption that unexpe:tea C':4ms",ences will rot be encountered during_ne A.;Y_i .' igi*i".C3r:add.t.Oi7al t.me is ne:eesary we will d sides ri with you and arrive at a new lea before in ;t a additions coats II any d^Sp'JI!_' i;r;,?r;)irergy,rr claim arises.error party may.upon wn:ten nObee O 11-10 Other party request that 1r•0 Such mediaii n will be conducted by a htiildiater apPO rVod by and p_,rsJen1 to the Rules of tneAme-rag ri.rt,)i;re;ion Association or Suth other neutral frrlita:ar acne i Io0 a 10 Y3:h eairliei Bath parties will exert eh. i :,i.i error's so Citrus Wi".h each other :il good La I•r rhei- rriyp4.cl err ppy,lions in an attempt to fealty(eso.ve such dispute or controversy Each party may ...,010S0 any facts to Vie other party or to lie mt-dialtor which It, in good faith, considers rieCt.ti-ary Rn n .attic l a matter All siLich MSc:A./Salting. however, wilt, be for the purge pf age„$hng it sett e'n=_-!e".ris And,'r nor ae Fipn1i0Sitfle in any Soossoi.lent litigation against Me dieclosirig party Eiceepit es ':'l`i I::i'::o, 1-1c mediator w.li keep conttidenhat all information distlee0d during negaealiars Tire act as a witness for either pahy it any st-bse Jer"I arbitrates between the parties rgS Wi conclude within sixty days from receipt Cif she written nOMICe unless extended Or !n7m'1atac scare"by mutual consent. Lark party will be respansble for its own expenses The lees and L. orses 'rhe med•ator .f any yr be bowie equality'by tie panies, .:,i cannot be resolved try mediation Men the disputa, canlroversy or clam pr.a.rr'r-. :ir;:°,:I ;i' .. .:::;,hrdanos with the Rules of the American kbitr>ltron ASSOCialatin 1AA.4)for the Disputes No pre-hearing d Scoeery wk I be perrrittoti unless specilicary e.j =; I'a a't1-a:ion panel True arbitration hearings will take place n the city closest to tre place ti tc c i .iyreen ur'-1 r'rilx performed in which the AAA maintains an office unless. line panes agree to a idrfferEp" '.g:ta'.ai. The auwarr. .ie: J .; J L'.dtion panel may be confirmed in a j;idgm,erit by any federal Or state court of tomG.elont ;tan All reasonable O0e1A c11't7Oth parties.aSdeterrnine0 by:he arbitraiors. Including;5)the lees and expenses of rite AAA and the arbitrators ant 12) the costs, indud"g reasnnabfe attorneys' fetes. neoegsery to c0nrrrm the award it court will be bores onlirely by the norl•prdvsi nL7 p.orry :to be dosigrated by Ire aarbitfatldre Oahe in the award)and may not be atocated between J'ie partes oy the arbrtralior panel 5s c11 art:rtrarmoin Shall be binding Ord finer. In agreeing to arbrt'ation,we both acknowledge than in the everrt of a dispute over fees charged by the eccO.e tan:.each of us is g,r:^g uo the r,yht 10 have the papule decided in a court al taw before a ji_idge Of jury arid instead we ale accepting the use of arbit•alibn fr.,'resolution. Rr{1Orlinu We Will issue writter'i reports JbOrl camp'elsan of our Singe Audit. O..-repans will be addressed to the Mayor and City Council of Mhe City of%While Falls. TeoCig Circumstances may arise in which our report may Offer from its expected form and content br`sed on the retitle b' Cur audit Depending on the nat„,re elf these PAGE 9 OF 12 PAGES AGENDA ITEM NO.8.A tlayt, 3fid L•ly CDunciI unp C.ly Mail Icer L .01 WItrhlta FBI's Texas July 15 202A Page Eight urcu,Tlet$lrlrsa 11 try Pe nrrrriilary fgr:.ro to med'ly cur.1 r"pn% &Oa a sLPaiIEP.'sa+"uirdn,or ac]c an orn.priasas- UP matter at other-^•'Ia!ldar paragraph to our 21-6TO1'5'rt215or'I or nec s ry ,v1"ndr0w Irocrk ti,g erogagbmer.1 If awl up•nrartS ar.a a9J'air !nun rrrr.nvolild.+Ni*21 d'sC'+gh the ratilDet r 1w'tM y oij Ir1 advnrrte If eer any reason,M'o art ktr the 1it COmOldliti 1nu auJll ou ar o I.nable 10 form oa nave root formed Dprn,pn9i.Yoe m,py egpi. 3 op.nlohc of 'slue neVarll a MI may orittedraw horn Ldfnr,onsisgarnctol 71htt Govcarmen! / rktr1?.Sferru*,'trrftr recorl t,"+Intbrfal ery,Lrbi pa'-i-,9 a ,d rr,,p ir-i ar'r' utnar 1na1;ErS will tiFI9re!n IP 1 Y$dl'rc pur yc ;tit Lila rt+Jipo 's sagely to tlescnbe t- srpe el tL cjr1g of °iter^,71 otindroI arlt!EOMpl4ance Arui dhr.rest,Itu o thai tesitng Jirrft rYDi to oroM'au.un Inelt'1 DIr nd 1tH! entity's unierinal control or Oer COnnlianrae. and 1.2) Inc ropo't Is an', Integrat part ad an aided teesforrien ,rt LNCOotlanC'tr 0.11h C,,Dvnm.'wan, Ar'aii9mrf Stand+Irtas rn eonsirhr-nn9 lief tlnlliyI .htcrhad control oho corhpllirI'o the Jrt;form Guioanco repor.On intern Larlrol aprvr ccr pliarK4,s wrr slate Ir31 the pa^pase or the report on In!dJrl1]'Ci iI td ow;:rahralie•.:L ,6 solely ID !Jesoribe the stoat or leslrnq of Inteilal corll'ofOYG orkoi1:4r arid ther''usu;ts Di Mal i 1esifg based or the re4u'retw:f5t8 00 1tr6 U11ir'rrl I fauxl ii '. 13o h newt'*II slate that pia r rt Is not 1t„table lcr+any Other p.,rmnee vRrrunelrri Atrdd'ng S,r:Ttatj,tA1S ruuu'rc that we provide ya1, win a CDC', of pair most recent extern.4k 04434 r Iew reowl otrrb nyr ICI at carnlTlerrt anti 211V sLit e,yuanl peE, ,w4"r144' r ,prlS ancl Ielt'9rs Of cornmeal receive{d4mng the period of I'se oi?ntr}S:1 Owl 2021 pear:awe*reps..-.acC7rr.rPalues th`s la''aer We app�ciate me o13p rturr4F 14) cj a' Sr'r A'"Jr I0 the C'1x' 4' W,Crlta •=a-Is Texas and btoeve leVer IKrutstdly twanmArN'aP I u.i ar'gagomcr,t IT yEau nave 3rly 4:11_105%Mr15 plit#IC Itti Utr I•.no*. I'you eater'with Die terms G°au'=-1gapemel1l Lis 0e5CD4od ir*Iris Ie'.le' phAs.r..gn the erodusect o ry art,!I OLIO",,I lr1 u� Roapc rutty submelbe't. E Ft7CIN f'AR4ChlrA,0-LEMIN,L;ti l l aerirkeCI'PugicAf.Covfr9rrh RESPONSE hies loiter cc reel5'sets tcirth the..rr,. I Meru rnq 5r rr1(1.1y or xrr'..:r'Ifr rd.is. ,r, R'y T1we' yr Data: BY. Title. City Manager bale, PAGE 10 OF 12 PAGES AGENDA ITEM NO.8.A 140.1.1Ncatil. bilK1146.14t4i, FASO 11141111. UIIU ririlLKAN 714-12A•I to6a Report on the Firm'5 Syste,rn of.Ouall ty Control 0.14.iy 25 2.132 ine Shaithaldc Edt-,09.Pa6vT141,1., Flerrnno F.6rriinrj. PC: Mid Me-Teus SQc,ovi o CPA a Pe.w:. Rt.i,uvy Corompliee We hew ftwloyedi sy.Etern ci qIE IYIEIOI l ipamountong anal audl,rig nraccre OF Eelgir, Fleming.8 Flerri4n . PC Dhe Firm) p-11.!,ct Fri hie year fs..ntied Ositorrili.s- 31 2.02, c.),.r pei;T DandLitl.ed iri•limartanCe win!1•1 ‘riletflberOSlOd POrfOrrinirig Dna RepOrsingthiPoer ai;;.ir..:-S%-i...13 by MO PIM"Rew Board e the American Ins111..iti al Cerritieo Accouritaptsi,s1and.7....7s• A sl.nittlarN.rf na.rire! ,.F.C.pe,1111LM pKkelic rolirrorrro Le: 71-.0 Surfirmory, ATI pg.1:11M110".07i ":47111''.'”,•7,71 r pi.,rfry m.F7.1 elytrorrripre any,tiro L-..° peti re,h-osmci to tmerrnirie Peer review iaang FIfcnr ktesr,xtrisibilay Tile firm aL..!o FcW diStnin,,i..3,oytrorr.or quaiiry cvntroi anti cornp!vIIN I tC:•[0,),..j Il b.,I 1771 j,1 reasonable- suIiti of Perterning orNir irr cerriorrnitv love Arr.,.:-.x.):4;7,,!.11,99S;C}W.1 ,-, I nosi.w.!riit Urn is also •:r•- •1 4:Liy AFH +ink 0,2,f(ra+trd or rEporled in coribini.rip with oroff=zsionAi stardom's,%Armen app;Dpn,:v4.. wemkno7.1-.ti7i fid•L ystryin dquiiary confirdl if ur P.-.,r H,bitwor" RjoiiIbtIiLy 1.1 ...nsponsiblity t. I II Iltiti 11 HILL dcsign LI 1:111: L,54.:;gbry,Of Clydalay control 4reio Ifirrn's. I rz:15.:-1 IReritiimer 5uia:tions pind Considerations rev IJt iloa,j1-,-arterVIS podoo[Tied irinrSer GOwelfirl-Cint Au:tars...5ilaridards, icIj:iv .J Lindur line Smolt!Audit Ac.1. Lo CCM Siderej reyiewigIIt rutIrnrtryTh^.Q''.; .10; bVI41 11117110 :le OLLIrd'ILS€.410011431 Our oroc...t.J.J,21, Opiri On rni ly Ih .accaur!" • FIi 1,1{1 PC in pet.errn..“ ;3rnyiae the tyr. i'.0..9,71,50e fec2.1..'.g wirn =r re,B r.:51.1"p 7:; F ....I 77.dgn, Park4r.an,1.-Iorp.,,pg 8.1:k4rr1Ing, 1,2j Ng Di DuSS • Piic PlJbk•AC.11•1_;-,int-ni.5 PAGE 11 OF 12 PAGES AGENDA ITEM NO.8.A L.. 11. 0 ED11 ELEIVIING Ss FLENIING. PC,., m Jill I.:y..3,c,,,......,SI ...,;,n--;715 • V 7 111.757.. I ;611 Voicti.o.rklo-J 1 L .1.,./ 10307 ko:,..,..6 [ Fill P+C1)7015-5.5-53 - =-.o.If431713.9-51"N M"H..r 1:-.. Er.7.114 CPA ox,..,.: i ra.p.koAri IF A Pa.k FLEEmps CPA -10v I Stephen Cgrven 2,!.lehr F1)211.1'01 OiliCel fOlrftdat Oi Flosio.cp C.h.of Win.ta Fo5 Te.05 P 0 Btx 1,431 Wcriita Fans TX 7' 3(17 aryar Mr Calveil A an rtildeorArni r.cs Our .P..411)454-Mi:'ED Iris(.'..c 1 14ctluest Li u...,1,.:Ahor,ior independent AiJoir Servirill. !Pease F n0 Licloyo our fxoposPici sess lb;the,i€,xi"...re y.E.,ars Supierilyz-30.2021-$75 OCI0 Nrepl ,r113(!.:' 30 .1T25-S76,250 Sep1eui1ar27 30 2a2e.- 7.7 500 - epiernbe, 30 207 575,750 - f3oplefooer 30 2028-58r?CA10 ir.oso tstirateo ftes dO rd inco-porAte 5ny .1...-..,- 3..e.5 fo, an,, 9 0.7,1 CAM .mpietcomautm lump tit now GAZL.,.E1%Moo:anis .5houdo any such imporme-!atioil imc*s.iiiie.p;. :.41.-15,:ic!Ci:.'N:z.0.-....9,'oes we will crotaet Its Cilv so d$CLIFS. Raspoetnilly stobcrlittgd eAV,. ai ....711. . ' Edwn Parkiran Fleming &Fierr rig PC WIChltfi .4Itli.. renNi PAGE 12 OF 12 PAGES AGENDA ITEM NO.8.A CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (4A) and amending the budget to include funding up to $1,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support a Thriving SAFB COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • July 18, 2024 - WF Economic Development Corporation (4A) considers and approves a $1.0M funding request for the project; • August 1, 2024 - 4B Board to consider a separate $1.0M funding request for the same project; • August 6, 2024 - City Council to consider ratifying WFEDC budget amendment facilitating project. The applicant requests $1.0M in funding as part of a larger $4.0M capital campaign to support construction of the new 11,000 square foot facility on the 2nd floor of the existing Bridwell Activities Center at MSU (see attached letters). The WF Type B/4B Sales Tax Board has also recently considered a separate $1.0M funding request from MSU for the same project. Total funding proposed for the project is as follows: • $1,000,000 - Bridwell Foundation (received) • $1,000,000 - Bridwell Foundation (pledged) • $1,000,000 - WFEDC/4A (approved, pending City Council ratification 8/6) • $1,000,000 -WF Type B/4B Corporation (requested) Total: $4,000,000 MSU President Stacia Haynie as well as staff from the Chamber of Commerce will be in attendance at the meeting in support of the request and to answer any questions the City Council may have. PAGE 1 OF 6 PAGES AGENDA ITEM NO.8.B The WFEDC Board and City staff recommend approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 6 PAGES AGENDA ITEM NO.8.B lilt TEXAS. o:�FsICE UF'fRC F'RtfiICifPdT 3a1 Q TOT Douleved, Wchica WILs,Tees 76308-31799 a 4411397.421 I t 940.343.4D16 sutexas.edu TO: Leo Lane,Chair,4A-Wichita Falls Economic Development Corporation FROM: Stacia Haynie,President DATE:July 9,2024 RE:Student Success and Military Education Center Midwestern State University(MSU)is dedicated to fostering student success and retention through strategic initiatives. As part of our overall enrollment plan,we are deeply committed to enriching educational opportunities for military and military-affiliated individuals at Sheppard Air Force Base(SAFE)and the many veterans residing within our region of Texas..Our Student Success Initiative, anchored lay a Military Education Center,is a testament to this commitment_ This Center would be a centralized support hub,facilitating streamlined access to services tailored to military-affiliated students`unique requirements_Our unwavering commitment to the success of these students is at the core of this initiative. Furthermore,this initiative will enable the development of academic programs that align with military preparedness standards.It is crucial for both MSLI and Sheppard Air Force Base to remain vital pillars supporting the economic stability of the North Central Texas region.This initiative stands as a force multiplier, bolstering enrollment at the university,supporting the base,and solidifying the position and interdependence of both organizations in the Wichita Falls community. The Center will be located on the second floor of the Bridwell Activity Center.Originally made possible by the Bridwell.Foundation in 2022,the Bridwell Activity Center's second floor has remained unfinished; contrasting with the student services programs and sororities'chapter houses on the first floor_ With its student energy and amenities like a coffee shop and study spaces.this location offers a vibrant campus atmosphere for individuals connected to the military to access services at the Military Education Center on the second floor.At the heart of the Center will be a comprehensive support network comprising staff members from various departments. including admissions_registration,financial aid,veterans'benefits,academic advising, technological support services,and career counseling trained to effectively address the unique educational needs of military-affiliated students and their families. Moreover,tailored services exclusively designed for MSU's veteran students will seamlessly integrate within this centralized support hub. The university seeks$1,000,000 in support of a 54,000,000 construction project, Thus far,the university has secured $2_000,000 in gifts and pledges to support construction for an MIDWESTERN STATE UNIVERSITY A i".7 rIrl'vf',I ei Tina'ftcb UThi YtirsiL} y.krnl a„EFO,ALAAA c-rmp4anDa Eimmyei'arNf Ftn,carnr PAGE 3 OF 6 PAGES AGENDA ITEM NO.8.B approximately 11,000 square foot complex in the second floor of the Bridwell Activities Center. As noted below we have also secured an additional S753,740 in scholarship support. Funding for the facility: S1,000,000 received and$1,000,000 pledged from the Bridwell Foundation_ Funding for Military Education Scholarships: $453,740 received from three local foundations(McCoy,Fairs and Edwards)and one individual_ $300,000 pledged from two local foundations(Fain and Edwards). We will also be requesting 52,840,000 in annual support from the Texas Legislature to provide staffing,faculty training and course development,maintenance and operations,equipment, travel, and information technology support. Of that amount.$1,990.000 would cover salaries and fringe benefits for 25 full-time'employees,plus up to 20 student workers and ten adjunct faculty. The salaries for these 25 full-tine employees would range from S27,315 to$69.257 per year_ We believe this initiative will increase the retention of all MSC students,but it will also strengthen the relationship of two anchor institutions,,both of which are significant economic drivers of the Wichita Falls area. MIDWESTERN STATE UNIVERSITY A fi..te )h•er of the lexss Tech 11 r}icefg.Yl}'Sy+F rr Art gr0{ao.AA.a Otiett ' ricg rn+pioy 'and Ziluoddor PAGE 4 OF 6 PAGES AGENDA ITEM NO.8.B ti44,1 4 hr.t • DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND 1 June 2fl2'I 6rtgadier General Oer,rg,e 7.M.L)etrieh Il l C',rnm;ind'er, Red Training Wing i 9 ti Ave Suite 1 Sheppard A F Ft TX 76;1 1 The [honorable Tim Short Mayer.Wichita Falls 13 0U 7th Street Wichita Fal lS TX 7630l Mayor Short A. my tenure as the installation commander at Sheppard Air Force Base winds to a clone,1 am gratt..ful for the increclilYie support the city and the community prowlde to our Airmen and out missions, As you know,there are a few core issues the Air Force prioritizes when assessing community support, such as healthcare,spouse employment,and education_ Regarding the latter.I arts excited about the efforts Dar. Stt to Haynie and Midwestern Store LIniversity are making to expand support for military members.their families and veterans rrr oUr Ltirnmunity,and specifically their in ent to establish a dedicated Military Education Center, Higher education is important to our-This u at Sheppard.As we train the future leaders.of our Air Force to face a complex world and threat e.nv:ronm:nt,higher education will help enable than in hence 50ENT problems and find creative solutions.Additionally, ii ran be a challenge far our tarnily marnhcrs to complete their edification its they move From plrrci to place in xupp,a,v of their military member. Midwestern State University's vision of a dedicated Military Gducad ni L:cnter i,,,cusedd on helping your members and families succeed will address both issue,and in concert with other community efforts it will make Sheppard Air Force Base a coveted assigrrrttent,Not,only would it draw active.members t„ Wii hits Fails,bug lam confident it will draw many retiring acid Separating vc6crana brick to the arca. The City of Wichita balls supports the base, in so many ways, and'I hope you and the other city lcadors will strongly consider supporting this and other higher education initiatives as well.I am confidcirt these efforts will hcnctit our DE and missions at Sheppard and the community in general.. Respectfully • L•'. GIu 7.IN 1311 .T 1C'FI I r 13ri, dicr General,USAF Commander,$21.1 Training„Wiug PAGE 5 OF 6 PAGES AGENDA ITEM NO.8.B Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation Board of Directors and amending the budget to include funding up to $1,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation;" and, WHEREAS, on July 18, 2024, the Wichita Falls Economic Development Corporation approved the project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls Economic Development Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $1,000,000 as described below and in said corporation's agenda, is approved: $1,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls. 2. The current fiscal year budget of the Wichita Falls Economic Development Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 6 OF 6 PAGES AGENDA ITEM NO.8.B CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board of Directors and amending the budget to include funding up to $1,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support a Thriving SAFB COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • July 16, 2024 - Request for 4B funding received; • July 18, 2024 - WF Economic Development Corporation (4A) considers and approves a separate $1.0M funding request for the project; • August 1, 2024 -4B Board to consider funding request; • August 6, 2024- If request approved by 4B Board on 8/1, City Council to consider ratifying budget amendment facilitating project. The applicant requests $1.0M in funding as part of a larger $4.0M capital campaign to support construction of the new 11,000 square foot facility on the 2nd floor of the existing Bridwell Activities Center at MSU (see attached letters). The WFEDC (4A) Board recently approved a separate $1.0M funding request from MSU for the same project. Total funding proposed for the project is as follows: • $1,000,000 - Bridwell Foundation (received) • $1,000,000 - Bridwell Foundation (pledged) • $1,000,000 -WFEDC/4A (approved, pending City Council ratification 8/6) • $1,000,000 - WF Type B/4B Corporation (requested) Total: $4,000,000 MSU President Stacia Haynie as well as staff from the Chamber of Commerce will be in attendance at the meeting in support of the request and to answer any questions the City Council may have. PAGE 1 OF 6 PAGES AGENDA ITEM NO. 8.0 ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 6 PAGES AGENDA ITEM NO. 8.0 II I TEXAS_ ttFFrCE PF THE PR,Es1GEN1 341 QTaft Boulevard Wichita FatIs,Texas 76308•2099 a a40. 97 4211 f 94u.397.40.10 frpsutexas_i&l TO:Tony Fidelie,Jr_,Chair,4B-Sales Tax Corporation y fib—_ FROM:Stacia Haynie_President "I DATE:July 9,2024 RE: Student Success and Military Education Center Midwestern State University(MSU)is dedicated to fostering student success and retention through strategic initiatives.As part of our overall enrollment plan.,we are deeply committed to enriching educational opportunities for military and military-affiliated individuals at Sheppard Air Force Base(SAFB)and the many veterans residing within our region of Texas_Our Student Success Initiative,anchored by a Military Education Center,is a testament to this commitment_ This Center would be a centralized support hdb, facilitating streamlined access to services tailored to military-affiliated students'unique requirements.Our unwavering commitment to the success of these students is at the core of this initiative. Furthermore,this initiative will enable the development of academic.programs that align with military preparedness standards.It is crucial for both MST.;and Sheppard Air Force Base to remain vital pillars supporting the economic stability of the North Central Texas region_This initiative stands as a force multiplier, bolstering enrollment at the university,supporting the base,and solidifying the position and interdependence of both orga.ni7itions in the Wichita Falls community. The Center will be located on the second floor of the Bridwell Activity Center.Originally made possible by the Bridwell Foundation in 2022,the Bridwell Activity Center's second floor has remained unfinished,contrasting with the student services programs and sororities'chapter houses on the first floor.With its student energy and amenities like a coffee shop and study spaces,this location offers a vibrant campus atmosphere for individuals connected to the military to access services at the Military Education Center on the second floor.At the heart of the Center will be a comprehensive support network comprising staff members from various departments, including admissions,registration,financial aid,veterans'benefits,academic advising, technological support services,and career counseling trained to effectively address the unique educational needs of military-affiliated students and their families.Moreover,tailored services exclusively designed for MSU's veteran students will seamlessly integrate within this centralized support hub. The university seeks S1,000,00O in support of a$4,004,000 construction project. Thus far,the university has secured S2,000,000 in gifts and pledges to support construction for an MIDWESTERN STATE UNIVERSITY 1 Menri1wof ih 'lex5s'fech 111)iV,flrtiiiywy;i,, !Ln♦=.EPIAAAAA Celiip I, c.cn•,r..-rr^,:ir.'_..... . PAGE 3 OF 6 PAGES AGENDA ITEM NO. 8.0 approximately 11,000 square foot complex in the second floor of the Bridwell Activities Center. As noted below we have also secured an additional S753,740 in scholarship support. Funding for the facility: S1,000,000 received and$1,000,000 pledged from the Bridwell Foundation_ Funding for Military Education Scholarships: $453,740 received from three local foundations(McCoy,Fairs and Edwards)and one individual_ $300,000 pledged from two local foundations(Fain and Edwards). We will also be requesting 52,840,000 in annual support from the Texas Legislature to provide staffing,faculty training and course development,maintenance and operations,equipment, travel, and information technology support. Of that amount.$1,990.000 would cover salaries and fringe benefits for 25 full-time'employees,plus up to 20 student workers and ten adjunct faculty. The salaries for these 25 full-tine employees would range from S27,315 to$69.257 per year_ We believe this initiative will increase the retention of all MSC students,but it will also strengthen the relationship of two anchor institutions,,both of which are significant economic drivers of the Wichita Falls area. MIDWESTERN STATE UNIVERSITY A fi..te )h•er of the lexss Tech 11 r}icefg.Yl}'Sy+F rr Art gr0{ao.AA.a Otiett ' ricg rn+pioy 'and Ziluoddor PAGE 4 OF 6 PAGES AGENDA ITEM NO. 8.0 ti44,1 4 hr.t • DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND 1 June 2fl2'I 6rtgadier General Oer,rg,e 7.M.L)etrieh Il l C',rnm;ind'er, Red Training Wing i 9 ti Ave Suite 1 Sheppard A F Ft TX 76;1 1 The [honorable Tim Short Mayer.Wichita Falls 13 0U 7th Street Wichita Fal lS TX 7630l Mayor Short A. my tenure as the installation commander at Sheppard Air Force Base winds to a clone,1 am gratt..ful for the increclilYie support the city and the community prowlde to our Airmen and out missions, As you know,there are a few core issues the Air Force prioritizes when assessing community support, such as healthcare,spouse employment,and education_ Regarding the latter.I arts excited about the efforts Dar. Stt to Haynie and Midwestern Store LIniversity are making to expand support for military members.their families and veterans rrr oUr Ltirnmunity,and specifically their in ent to establish a dedicated Military Education Center, Higher education is important to our-This u at Sheppard.As we train the future leaders.of our Air Force to face a complex world and threat e.nv:ronm:nt,higher education will help enable than in hence 50ENT problems and find creative solutions.Additionally, ii ran be a challenge far our tarnily marnhcrs to complete their edification its they move From plrrci to place in xupp,a,v of their military member. Midwestern State University's vision of a dedicated Military Gducad ni L:cnter i,,,cusedd on helping your members and families succeed will address both issue,and in concert with other community efforts it will make Sheppard Air Force Base a coveted assigrrrttent,Not,only would it draw active.members t„ Wii hits Fails,bug lam confident it will draw many retiring acid Separating vc6crana brick to the arca. The City of Wichita balls supports the base, in so many ways, and'I hope you and the other city lcadors will strongly consider supporting this and other higher education initiatives as well.I am confidcirt these efforts will hcnctit our DE and missions at Sheppard and the community in general.. Respectfully • L•'. CrT 7.IN 1311 .T 1C'FI I r 13ri, dicr General,USAF Commander,$21.1 Training„Wiug PAGE 5 OF 6 PAGES AGENDA ITEM NO. 8.0 Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $1,000,000 to Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls. WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation;" and, WHEREAS, on August 1, 2024, the Wichita Falls Type B Sales Tax Corporation approved the project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls Type B Sales Tax Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $1,000,000 as described below and in said corporation's agenda, is approved: $1,000,000 Midwestern State University (MSU) to support the proposed Student Success and Military Education Center at MSU's existing main campus in Wichita Falls. 2. The current fiscal year budget of the Type B Sales Tax Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 6 OF 6 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board of Directors and amending the budget to include funding to the YMCA of Wichita Falls to support the construction of a new indoor aquatics facility at the existing Bill Bartley YMCA branch in Wichita Falls. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Supportive Partnerships with Local Non-Profits COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • July 19, 2024 —4B Funding request received from the YMCA; • August 1, 2024 — Corporation Board to consider funding request; • August 6, 2024 — If request approved by Board, City Council to consider ratifying budget amendment facilitating project. The applicant requests $2M in funding as part of a larger and ongoing $13.5M - $14.0M capital campaign to construct a new 22,000 square foot indoor aquatics facility at the Bill Bartley Family YMCA (see attached). The new facility will include a 10-lane, 25-meter competition pool, as well as a secondary pool for classes and swim lessons. The organization's Interim President and CEO, John Dearolf, will be at the City Council meeting to present the request and answer any questions the City Council may have. Staff recommends approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 23 PAGES AGENDA ITEM NO. 8.D 'y,. the FOR YOUTH DEVELOPMENT' J FOR HEALTHY LIVING 4. FOR SOCIAL RESPONSIBILITY July 19th, 2024 Mayor Tim Short City of Wichita Falls 1300 7th Street Wichita Falls,TX 76301 Mayor Short, For over 80 years the YMCA and the City of Wichita Falls have worked hand in hand to meet the needs of our community. We share a similar vision to continue to be a "vibrant, growing family-oriented community of unlimited opportunity and civic pride." At the YMCA, we remain focused on ensuring that our programs and facilities allow individuals to learn, grow, and thrive. To move our mission forward and after a thorough evaluation, volunteers and staff are prepared to enter the final phase of our Capital Campaign efforts. The City's generous support during this final phase will equip the YMCA to construct a 22,000 square foot, multi-pool Aquatics Center located at the Bill Bartley Family YMCA to provide life changing programs and experiences for youth, families,and older adults. On behalf of the Board, Staff, and Members of the YMCA, I respectfully request$2,000,000.00 over a three-year period to leave a lasting impact on our community for generations to come. Completion of the Vicki and Jim McCoy Aquatics Center will address gaps that are prevalent throughout the Texoma community: • Drowning is the Number One cause of unintentional injury-related death for children ages 1-4 and a leading cause for ages 1-14. The YMCA's free Safety Around Water program ensures that every kid can learn essential skills to help them stay safe, develop confidence, and have fun around the water.For Youth Development. • By 2030, 1 in 6 people will be aged sixty or over. As our community ages, exercising in the water will increase an older adult's ability to stay active through a gentle impact option and improve their overall health. For Healthy Living. • Competitive swimmers make up less than 1% of athletes enrolled in local Independent School Districts throughout Texoma. The region lacks high quality aquatic facilities to meet the needs of swimmers and inhibits local swim programs from growing to their full potential. For Social Responsibility. The Vicki and Jim McCoy Aquatics Center will house a ten lane,twenty-five meters by 25- yard short course sanctioned competition swimming pool along with a secondary multi-use pool to host swim lessons, aquatic fitness classes,family swim activities, and events. Ample bleacher seating will be available, competition scoreboards, and direct access to adult and family locker rooms. Programmatically, it is the goal of the YMCA to ensure that every child YMCA of Wichita Falls—1010 9'.Street—Wichita Falls,Texas—76301 940-322-7816 www.yrecawf,org YMCAmission:To put Christian principles to practice through programs that build healthy spirit,mind,and body tor all. PAGE 2 OF 23 PAGES AGENDA ITEM NO. 8.D `! FOR YOUTH DEVELOPMENT FOR HEALTHY UVING FOR SOCIAL RESPONSIRILITY will learn how to remain safe around the water. Free Safety Around Water programming will be available to all families and through partnerships with other youth serving organizations and local ISDs numbering in the thousands. Upon completion of this facility,the region will have a premier Aquatics Center to host regional/state swim meets and serve as the home to multiple swim teams of all ages. Providing a venue with large seating capacity and team zones will give a significant boost to the local economy as the City of Wichita Falls will be a destination for competitive swim programs between the Metroplex and Oklahoma City. Lastly, the addition of the space would elevate the Bill Bartley Family YMCA as one of the largest and most prestigious YMCA branches in the nation and solidify our commitment to strengthening our community. The Aquatic Natatorium will help the YMCA and our community achieve the following outcomes: • Provide free Safety Around Water programming to every third grader for four local ISDs to serve an average of seven hundred children per year and reach four thousand kids in total by year five. • Every child enrolled in YMCA Childcare Programs will participate in free Safety Around Water programming and serve an average of three hundred children annually. • Serve one thousand older adults annually through water exercise and increase Senior membership to the YMCA by 25%. • Serve four hundred children annually to participate in recreational and competitive swim teams. • Become a regionally recognized facility to host multiple swim meets throughout the year and serve as the home to championship level swim teams. • Open the facility to the residents for community days to enjoy the amenities as an asset to the region. • Establish a voucher system to provide free quality swim instruction to those in need. Since my first day of service with the YMCA of Wichita Falls, I have met with countless YMCA members, community leaders, and other local partners who have expressed the importance of building an Aquatics Natatorium and the impact it will make in our community. Due to the success of our operational budget surplus, we were able to fund Phase Two of the Capital Project through extensive renovations of the Bill Bartley and Downtown YMCAs to become the place for ALL in our region. Over the past two years, the final phase of our Capital Campaign has become a Strategic Initiative for our 21 Governance YMCA of Wichita Falls—1010 9"'Street—Wichita Falls,Texas—76301 940-322-7C16 www.ymcawf.org YMCA mission:To put Christian principles to practice through programs that build hea hhy spirit,mind.and body-for at. PAGE 3 OF 23 PAGES AGENDA ITEM NO. 8.D the FOR YOUTH DEVELOPMENT' FOR.HEALTHY L!VING FOR SOCIAL RESPONSIBILITY Board members, and they have directed our organization to prioritize this community need to guarantee the success of our future. To date, we have received over$6,150,000 in commitments from six local Foundations and private donors. I have planned discussions ahead with potential major contributors who are interested in the full completion of the project and your support will undoubtably serve as a tipping point for future donors. The estimated cost for construction is$13,621,051. With the current dollars raised and the intent of keeping construction costs lower due to rising inflation, we anticipate construction to begin in August 2024, with an estimated completion date of Spring of 2026.The facility will boast a variety of features and amenities that will provide a venue for the community to enjoy for decades ahead.The project plans include modern ventilation systems, energy efficient pool filtration systems,an innovative building designed with full play features for youth and a floor plan designed to safely accommodate hundreds of spectators and participants. We are grateful for the City of Wichita Falls and our local leaders'commitment to make our community a better place for all. We appreciate the opportunity to submit this proposal and allow the YMCA of Wichita Falls to be a catalyst for change throughout Texoma. Sincerely, • Jon DearoIf Interim President and CEO YMCA of Wichita Falls YMCA of Wichita Falls—10109''Street—Wichita Falls,Texas—76301 940-322-7816 www.yrncawf.org YMCA mission:To put Christian principles to practice through programs that build healthy spirit,mind,and body for all. PAGE 4 OF 23 PAGES AGENDA ITEM NO. 8.D I .44.74 j oks_ ♦•. I • ir yy .... lit—` AI YMCA of Wichita Falls For a better us° PAGE 5 OF 23 PAGES AGENDA ITEM NO. 8.D OUR MISSION For Youth Development, For Healthy Living, For Social Responsibility To put Christian principles into practice through programs that build healthy spirit, mind and body for all. Caring, Honesty, Respect, Responsibility, & Faith PAGE 6 OF 23 PAGES AGENDA ITEM NO. 8.D OUR HISTORY „„ 111111,, ,, „ q 4 ) Mat Since 1944,the YMCA of Wichita Falls has been a staple in the Texoma Community and has served hundreds of thousands of people across multiple generations. Following World War II,the Wichita Falls area grew as the Downtown area expanded and became the hub for agetAr commerce and innovation. Seeing a need for Y programs,community ' t leaders helped start the YMCA in humble store front located among a strip of business in Downtown.After receiving the charter to become a =' part of the national YMCA movement in 1945,it only took four years to fund and construct the Downtown YMCA that sits on Ninth and Austin today. The Bill Bartley Family YMCA was constructed in 1982 to accommodate the growing membership base south of Downtown.The YMCA grew exponentially and offered more wellness and sports programming to the community. After addressing the growing need for more YMCA programs and space,the YMCA successfully conducted a multimillion-dollar Capital Campaign that led to significant renovations and construction in 2020. The campus of the Bill Bartley YMCA is now home to the Isaiah 40:31 Gym,the Fain Indoor Soccer Complex,and the Stephens Family Gymnastics Center providing a variety of athletic opportunities to thousands of youths and adults throughout the Texorna Region. The Dillard Early Learning and Youth Academy is collocated with the Bill Bartley YMCA and opened their doors in January of 2021 after moving from the Airport Road location. DELYAs new state of the art facility provides preschool programs for children aged six months to _ four years old and serves as a healthy place to learn,grow,and thrive while parents are working. As we look to the future,we know that the Y will continue to meet the needs of the community and help address challenges ahead. "b PAGE 7 OF 23 PAGES AGENDA ITEM NO. 8.D OUR THREE PILLARS Healthy Living The YMCA aims to improve our nation's health by providing tr2411=1 programs and activities that promote overall well-being,no matter where you are on your journey toward better health.And w ',- when people feel their best and have fulfilling lifestyles,their communities become stronger,too. , - Fitness and well-being activities at the Y go well beyond just working out. In addition to wellness facilities,we provide a variety of programs led by caring staff designed to nurture a healthy spirit,mind and body. Youth Development The YMCA is committed to nurturing the potential of every child and teen.From cradle to career,the Y empowers young people to lead inspired,successful lives. Childcare and early learning programs at the Y focus on holistically fostering the physical,social,and emotional development of kids of all ages,from infants to school-aged , children. At the Y,kids will learn more about their world,develop healthy relationships with adults and other kids,build self-reliance, get helpwith their schoolwork and more-all in a safe,nurturing environment, , �` Social Responsibility I. The YMCA believes our communities are strongest when everyone is included and has the opportunity to reach their full potential,We I welcome and connect people of all generations,backgrounds,and "C- perspectives,and we're committed to addressing issues that people face to create positive change. When we unite together,we address society's most critical needs b developing community-based solutions and inspiring a spirit of ., — service. PAGE 8 OF 23 PAGES AGENDA ITEM NO. 8.D NEEDS OF THE COMMUNITY iprl ,. , Safety Around Water Drowning is the Number One cause of unintentional injury-related death for children ages 1-4 and a leading cause for ages 1-14. The Y is focused on making a difference and addressing these tragic statistics. The Y's Safety Around Water program ensures that every kid can learn essential skills to help them stay safe, develop confidence,and have fun around the water. rir Lifelong Exercise ' il rall i:By 2030,1 in 6 people will be aged 60 or over. ►� . As our community ages,it is vital that the Y remains the leader in providing a variety of healthy living solutions for all.Exercising in water has continues to be a valuable resource to active older adults. Competitive Swimming Competitive swimmers make up less than 1%of athletes enrolled in • local Independent School Districts throughout Texorna. r _ For nearly a century,the Y has been known as America's Swim Instructor and a place for youth to experience the joy of swimming.During this time,YMCAs have been at the forefront of providing competitive swim opportunities and youth grow in spirit,mind,and body to become the best version of themselves. . ____ Community Comparison Lubbock,TX Midland,TX • 50 Meter Pool Facility • 2021 Gold Medal Winner Natalie Hinds Is from Midland Aquatics • Ability to Host Large Swim Meets Swimming Com prey.With seven pools • Available 6 days a week • 5paceavailable to meet all practice needs • 600*51.4mmers • 425+Swimmers Andrews,TX Wichita Falls,TX • City Papulatlon 13,482 • Smaii swimming tar!litres with sig flair ant maintenance issues • B Lane 25 Yard competition pool • Limited youth programming to increase swimming participation • Fitness Facility available for dry land training - Zero access to strength facilities that complement aquatics center 175-200 Swimmers - 100 Swimmers PAGE 9 OF 23 PAGES AGENDA ITEM NO. 8.D ...am lilta Iliiiilm s,�,r �J 4d i rye v.•.rr WIN) { r'rrmn iiL{?'S kYa Yr ,, ii,„ pk. , .. . .. +r M� rr. .-7 �r - t #� *11 .�� �' .� ..++�' . ...-ram ° 0 AT Ga r _ ry aker & Associates, LL ..--7t ' ' '''. .. Architects • Interior Designers • Consultant www.garybakerassociates.com illia PAGE 10 OF 23 PAGES AGENDA ITEM NO. 8.D \ It ill f Illf '266 _ .! LI-- i i . ig :3 II _�. ���� III fl it r ,,',( 1 sAA1 I ,rtfi{�tt�,yrx�l � »u f„1 '� ' ' " wound IIIN11�� lilt lid Ilhailr' 1n nt ,))iiir711111�u� K Wes ` " vo. .; 40, a+'t'�. ,, rim - �`. r. . rr v :_.'4.±F IIIC: tied - - :1_,. �� ,1 . �1.. i ' a` .►� II it . ;' ii IIII i i , .. I . . _ • f I , .000,44.44,1„. . 1 gi 11 i , 11 `\ �J1 Ir , r � ` m 1 rr rr. x• _ , alillIL 10111° - , AO- PAGE 11 OF 23 PAGES AGENDA ITEM NO. 8.D *,'\ the ...,m..M the) 1 'a+wiu ,. 4. es`sm nvvw,urt, ' Mc IT'S THE � SUMM TO ' r�o .,' NERD ! ,.. ,, ,, , ,i, 001"el , " � r to ALWAYS HERE E ALWAYS t � • �1 FOR OUR ' �j HERE w ' T ""'�7- �: a ' \ E COMMUNITY iFOR } �. .r n �:S.v u{ "i .." "*"" ✓,- A, •- �,s •''" ✓' r 3 Y s } 's t , r ', r: ° f �' I a. - , gl , , r............4,_____irl �r y1 ' n _ 104 1e i w e4 . rt m.. .. . .fir - _. .. , ( ary g ;-„ r Baker & Associates, L ` si ,' Architects • Interior Designers • Consultan m {' t. www.garybakerassociates.com ;.,• PAGE 12 OF 23 PAGES AGENDA ITEM NO. 8.D . . . . . . . .. . . ... , .. . ,. .. „„„„, ,, .... ....._ ,..... 07. Ifi• u n s: F.. I� °t:11,v' l;U 4 a„_ /J ' ADO /' ✓1 .i f F , L , ... , . ., 1 -, , ,,... 1 .. .,...... . ,.It- 1 rl l PAGE 13 OF 23 PAGES AGENDA ITEM NO. 8.D _,, INI1Ofifillosi,,, 1_ ,, rV141710'• ., kriiii _ 1111/1' laNflifiviii.,-- illoy ' BILL BARTLEY FALL.INVITATIONAL h the '' 11 *Iasi K(M uin an ]01V __.... 1 ,otwaaxeae.1.1 a` - p Yea 4,e 1WWII, 0a as IS. SMUG ]4 w ,seca�MS 'son tea eal aY I t I •IyxBJ.r 0110 K" 64 J °. 9 a - . t Y y 1 r r7 l : i __ _ IiffiM <,,- 1w� = - „ .111 - y ' mil[ -,:: -:14. _ ftftftift - _— _ alT IL 7 •ram 1 '...:a • , rye t .. ,,,,..sue -a., PAGE 14 OF 23 PAGES AGENDA ITEM NO. 8.D ii Ifiiii''' ray rn!IVDkJ'I I .,,.„ ,,,,. L._ ., ---.--- --1- H. rc i am„ lki'1 -.'•'''•1.:•;:‘,•:!;ftFT.'z•-:,,.....• - ._ F YA �. y r • , . .6 ..•ti•-..v1,-;:.--,..:, -...-_,•- . x { "' .r am .- diellairalrait '""" e f, Ilamigtat •.ram, .:,. gp w dio- Q P OF S AGAGEENDA15 ITEM23 NO.PAGE 8.D .% * ti % ANCH 0011 ■EN. .-- PI rwl lin IIIM 111 kl!A .... K 1 , , m, L 4 III ll N .s,....k ''17.7----;F 1 _ ., t —i 3p _ j ■ _.- .... -_, p ' I 1 � r • I' m ,.,� ,-^yam ,v-.-�s.. �a �-r` y 4 !a Ti.: Ir !�" ,, ,i ydg Yli .. �rt di Y. : ,YP 000 ----.°14111 'I/III°lgi.P"."-'.7:°°°°°°'. -- , GGa ry Baker & Associates, LLC Architects • Interior Designers • Consultants www.garybakerassociates.com PAGE 16 OF 23 PAGES AGENDA ITEM NO. 8.D „,tir,. ( ,f "),r.. Ji- �; YICKI,ANC!3YM MCCOYl�QUATICS CENTER' gM X sit - r' + ' 'fir-#,":..� t P e'y+ pr d”:µrr34. t ` ro i,, .tr \ � i yY ti y 0 , , , _ , ..4' ".) ,.,_ -4 '‘,°., .4...'\'14::.'41.11,.:;:j., PAGE 17 OF 23 PAGES AGENDA ITEM NO. 8.D OUR RESPONSE TO COMMUNITY NEEDS NW � m 1701 q_-t44Tt •, a ... The YMCA of Wichita Falls seeks to respond to the needs of our community through construction of a19,000 square foot,multi-pool Natatorium located at the Bill Bartley Family YMCA complex.The Natatorium expansion will house a ten lane,25 yard by 25 meter short course competition swimming pool along with a secondary multi-purpose pool to hold swim lessons,aquatic fitness Masses,and family swim activities.Other features include ample elevated bleacher seating, competition scoreboards,starting blocks,and direct access to adult and family locker rooms.Upon completion of this project,theTexoma Region will have its only premier Aquatics Center to host major swim meets and serve as the home to multiple swim teams of all ages.At the YMCA,we want to ensure that every child is given the opportunity to learn how to be safe around the water.Free Safety Around Water programming will be made available to all families and through partnerships with other youth serving organizations and local I5Ds numbering in the thousands. Provide Safety Around Water Programming to every third grader in local ISDs Become a premier aquatics center to Serve thousands positively impact the of seniors annually local economy • through water fitness the Partner with other youth Deliver fun and safe serving organizations to aquatic activities for provide swim families instruction PAGE 18 OF 23 PAGES AGENDA ITEM NO. 8.D NAMING OPPORTUNITIES r , Competition Pool $1,000,000 Multi-Purpose Pool $500,000 Grandstands $250,000 Competition Scoreboard $150,000 Youth & Family Locker Rooms $100,000 X5 Aquatic Play Structure I $50,000 Competitive Pool Lap Lane x10 $25'000 PAGE 19 OF 23 PAGES AGENDA ITEM NO. 8.D THANK YOU 0, , , 1 1.1 R , 1 , LEAD DONORS GRaker aker & Associates, LLC Architects • Interior Designers • Consultants www,garybakerassociate&corn PAGE 20 OF 23 PAGES AGENDA ITEM NO. 8.D James N . 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Bridwell Foundation Perkins - Prothro Foundation PAGE 21 OF 23 PAGES AGENDA ITEM NO. 8.D the s 417 BILL BARTLEY FAMILY YMCA 5001 Bartley Drive Wichita Falls, TX 76302 (940) 761-1000 DOWNTOWN YMCA 1010 9th Street Wichita Falls, TX 76301 (940) 322-7816 DILLARD EARLY LEARNING & YOUTH ACADEMY 5001 Bartley Drive Wichita Falls, TX 76302 (940) 855-2301 YMCA EARLY LEARNING ACADEMY AT COLONIAL 4300 Maplewood Ave. Wichita Falls, TX 76308 (940) 855-2301 PAGE 22 OF 23 PAGES AGENDA ITEM NO. 8.D Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $2,000,000 to the YMCA of Wichita Falls to support the construction of a new indoor aquatics facility at the existing Bill Bartley YMCA branch in Wichita Falls WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation;" and, WHEREAS, on August 1, 2024, the Wichita Falls Type B Sales Tax Corporation approved the project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls Type B Sales Tax Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $2,000,000 as described below and in said corporation's agenda, is approved: $2,000,000 to the YMCA of Wichita Falls to support the construction of a new indoor aquatics facility at the existing Bill Bartley YMCA branch in Wichita Falls. 2. The current fiscal year budget of the Type B Sales Tax Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 23 OF 23 PAGES AGENDA ITEM NO. 8.D CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to enter into a non- annexation agreement with Panda High Plains Hemp Gin, LLC guaranteeing the company immunity from annexation for a certain term. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: ID and Expand Economic Development Opportunities COMMENTARY: The City has a series of long-standing non-annexation agreements with several local companies including Vitro Flat Glass (formerly PPG), Pratt & Whitney, Howmet Aerospace (formerly Arconic), as well as Plains Pipeline and Valero/NuStar which are the oil storage facilities on Harding St. just east of town. The City Council approved the renewal of agreements with the mentioned companies in December 2023. These agreements require the companies to provide to the City annually a Payment in Lieu of Taxes, and are otherwise known as "PILOT" agreements. Since the 1970's, the City has entered into PILOT agreements as a tool to attract and retain industry. Essentially, the agreements guarantee the companies' immunity from annexation, and requires the companies to pay the City in-lieu of city property taxes a percentage of what they would have been assessed in city property taxes had they been within the city limits. Historically, as the City has renewed these agreements, the percentages for calculating payments to the City are adjusted with the intent of gradually requiring the industry to pay the City an amount equal to what would be assessed if the property were within the City limits. In exchange, the City provides the companies "in- City" rates for water/sewer service, and provides City fire department service. Additionally, the companies by being outside of the city limits are not subject to most City building/permitting requirements, nor do they pay City franchise fees for their electric service. Today's consideration is a new PILOT agreement with Panda Biotech, which operates the hemp gin facility on 1-44 just north of the Wichita Falls city limits. As part of its $3.0M performance agreement with the City and the WF Economic Development Corporation (4A), Panda must have a PILOT agreement approved by the City Council. The main points of the proposed agreement are • 12-year term (Jan 2024 — December 2035); • PILOT payment to City: PAGE 1 OF 3 PAGES AGENDA ITEM NO.8.E O 2024 — 2029: 50% of normal City taxes O 2030 —2035: 60% of normal City taxes • In-city water/sewer rates; • Company shall dispose of all solid waste at the City landfill; • City will provide fire protection services. Staff recommends approval of the resolution authorizing the City Manager to enter into the agreement consistent with the above. ® Assistant City Manager ASSOCIATED INFORMATION: ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO.8.E Resolution No. Resolution authorizing the City Manager to enter into a non- annexation agreement with Panda High Plains Hemp Gin, LLC guaranteeing the company immunity from annexation for a certain term WHEREAS, the City of Wichita Falls has a series of long-standing non-annexation agreements with several local industries; and, WHEREAS, the City of Wichita Falls has since the 1970's used non-annexation agreements as economic development tools to attract and retain industry and primary jobs; and, WHEREAS, the City of Wichita Falls desires to enter into an agreement with Panda High Plains Hemp Gin Real Estate, LLC for a twelve-year term which will provide annual payments from the industry to the City in-lieu of City property taxes had the industry been within the City limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to enter into a non-annexation agreement with Panda High Plains Hemp Gin, LLC, in a form approved by the City Attorney, guaranteeing the company immunity from annexation for a certain term in accordance with the terms provided for in the related agenda item. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO.8.E CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving the substantial amendment to the PY 2019 Annual Action Plan to reallocate $207,354.80 and continue certain previously awarded funding through the Community Development Block Grant — Coronavirus (CDBG-CV) program. INITIATING DEPT: Development Services / Neighborhood Services / Neighborhood Resources STRATEGIC GOAL: Accelerate Economic Growth and Actively Engage & Inform the Public STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods and Strengthen Supportive Partnerships with the Non-For-Profit Community COMMENTARY: At the July 2nd meeting, City Council held the first of two required public hearings to solicit citizen comments on the proposed substantial amendment to the PY 2019 Annual Action Plan. The proposed resolution would approve a substantial amendment to the PY 2019 Annual Action Plan to reallocate $207,354.80 in funding and continue the projects previously awarded CDBG-CV funding. The resolution will also authorize the City Manager and/or Assistant City Manager to submit the plan to HUD for review and approval, execute grant agreements and contracts to implement the approved plan, including any and all revisions approved by HUD, and to also serve as the certifying officer for the city. The substantial amendment to the 2019 Annual Action Plan for reallocation of CDBG-CV funds is as follows: CDBG-CV Programs Parks/Arts Alliance: Bridwell Park Murals and court painting $60,000.00 Parks: Bridwell Park multi-purpose court $41,451.60 Parks: Bridwell Park baseball diamond features $30,451.60 Parks: Conoco Dog Park $75,451.60 TOTAL CDBG-CV Funds $207,354.80 RECOMMENDATION: Staff and the Council Subcommittee on Outside Agencies (Councilor Battaglino, Councilor Browning, and Councilor Nelson) recommend approval of the resolution as described above. ® Neighborhood Services Manager PAGE 1 OF 5 PAGES AGENDA ITEM NO. 8.F ® Director of Development Services ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Table of Awarded Funds ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 5 PAGES AGENDA ITEM NO. 8.F Resolution No. Resolution approving a substantial amendment to the 2019 Action Plan to re-allocate $207,354.80 in Community Development Block Grant-Coronavirus(CDBG-CV) funding WHEREAS, the City of Wichita Falls, acting in its capacity as a Grantee of the United States Department of Housing and Urban Development (HUD), administers federally-funded programs to benefit the community; and, WHEREAS, the City Council Subcommittee on Outside Agencies has met with and considered requests from local non-profit organizations and City departments who have applied for funding; and, WHEREAS, on July 2nd, 2024 the City Council held a public hearing to receive comments and citizen input; and, WHEREAS, during the Public Hearing the City Council has considered citizen comments and has reviewed the proposed use of funds; and, WHEREAS, the City of Wichita Falls recognizes that these funds are subject to environmental review, decision-making, and action responsibilities under the National Environmental Policy Act (NEPA) and 24 C.F.R. Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City Council of Wichita Falls, Texas hereby approves and adopts the substantial amendment to the PY 2019 Annual Action Plan of the City of Wichita Falls that will provide for developing, implementing, and administering eligible CDBG-CV funding. 2. The City of Wichita Falls, acting in its capacity as a HUD Entitlement Grantee, is authorized to reallocate $207,354.80 in PY 2019 CDBG-CV funding. Such funding shall be utilized for eligible projects. 3. The City Council authorizes the City Manager, and the Assistant City Manager in their stead, to submit the substantial amendment to the PY 2019 Annual Action Plan to the U.S. Department of Housing and Urban Development for review and approval, execute any and all amendments, agreements, and other documents necessary to implement the aforementioned Action Plan, to include any and all revisions approved by HUD. 4. The City Council delegates and grants authority to the City Manager, and also the Assistant City Manager, so that either may carry out the responsibilities of certifying PAGE 3 OF 5 PAGES AGENDA ITEM NO. 8.F officer as provided in 24 C.F.R. Part 58, its related Federal authorities listed in Sections 58.5 and 58.6, as well as Section 102 of NEPA and its related provisions in 40 CFR parts 1500 through 1508. Further, as the delegated and authorized certifying officer, each is also authorized to and accepts on behalf of the City of Wichita Falls the jurisdiction of the federal courts for enforcement of all these responsibilities. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 4 OF 5 PAGES AGENDA ITEM NO. 8.F Table of Awarded Funds CDBG-CV: City Departments Parks/Arts Alliance: Bridwell Park Murals and court painting $60,000.00 Parks: Bridwell Park multi-purpose court $41,451.60 Parks: Bridwell Park baseball diamond features $30,451.60 Parks: Conoco Dog Park $75,451.60 TOTAL CDBG-CV Funds $207,354.80 PAGE 5 OF 5 PAGES AGENDA ITEM NO. 8.F CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving the PY 2024 Annual Action Plan to allocate Community Development Block Grant (CDBG) funds in the amount of $1,202,286 and HOME funds in the amount of $349,481, and reallocating $200,000 in prior year CDBG funds; authorizing the City Manager and Assistant City Manager to execute all HUD documents. INITIATING DEPT: Development Services / Neighborhood Resources STRATEGIC GOAL: Accelerate Economic Growth and Actively Engage & Inform the Public STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods and Strengthen Supportive Partnerships with the Non-For-Profit Community COMMENTARY: At the July 2nd meeting, City Council held the first of two required public hearings to solicit citizen comments on the proposed 2024 Annual Action Plan. This resolution would approve the 2024 Annual Action Plan of the Five-Year Consolidated Plan which allocates $1,202,286 in Fiscal Year 2024 Community Development Block Grant (CDBG) funds, reallocates $200,000 in prior year CDBG funding, and allocates $349,481 in HOME Investment Partnership (HOME) funds. The resolution will also authorize the City Manager and/or Assistant City Manager to submit the plan to HUD for review and approval, execute grant agreements and contracts to implement the approved plan, including any and all revisions approved by HUD, and assign certifying officers. To be considered an approved activity eligible for funding, HUD requires that projects meet local needs and priorities identified in the Consolidated Plan. Activities must also meet specific criteria for eligibility defined in federal regulations and meet one of the following three national objectives: 1. Benefit low and moderate income persons. 2. Aid in the prevention or elimination of slum and blight, or 3. Meet an urgent need to remove a serious and immediate threat to health or safety. The City Council Subcommittee on Outside Agencies (Councilor Battaglino, Councilor Browning, and Councilor Nelson), met with agency representatives on June 13, 2024, and propose to use FY 2024-2025 CDBG and HOME entitlement funding in the amounts as follows: PAGE 1 OF 6 PAGES AGENDA ITEM NO. 8.G CDBG: Outside Agencies Child Care, Inc.: Child care subsidies for low-income working families $126,239 Child Care, Inc.: Zale Campus Window Replacement $60,000 Christmas in Action: Home repair for elderly and handicapped owners $150,000 Senior Citizens Services of North Texas: Roof Rehabilitation $67,000 Senior Citizens Services of North Texas: Meals on Wheels Program $54,103 Arts Council Wichita Falls: Jalonick Park Sound Garden $50,000 Arts Council Wichita Falls: Lamar Park Sound Garden $50,000 TOTAL CDBG Funds: Outside Agencies $557,342 CDBG: City Departments Code Enforcement: Demolition and clearance of hazardous structures $225,000.00 Code Enforcement: Administration & operational costs $70,000 CDBG Program Delivery Costs: Minor & Emergency Repair Programs $35,000 Grant Administration: Operational & administrative costs for CDBG $240,456 Program Minor Repair Program: Minor home repair for low-income homeowners $92,500 Emergency Repair Program: Immediate-need home repair for low-income $118,988 homeowners Martin Luther King Center: Childcare Inc. restroom drain repair $18,000 Martin Luther King Center: Counter and cabinet replacement areas used $45,000 by Green Door and Childcare, Inc. TOTAL CDBG Funds: City Departments $844,944 HOME Program First-Time Homebuyer Program: Acquisition assistance costs for down $232,077 payment, closing costs, minor repairs Affordable Housing Program: Closing costs/principal reduction for Habitat $30,000 for Humanity homebuyers CHDO Set-Aside: Habitat for Humanity 15% of entitlement amount $52,423 HOME Administration: Operational & administrative costs for HOME $34,981 Program TOTAL HOME Funds $349,481 RECOMMENDATION: Staff and the Council Subcommittee on Outside Agencies recommends approval of the resolution as described above. ® Neighborhood Services Manager ® Director of Development Services ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Table of Awarded Funds PAGE 2 OF 6 PAGES AGENDA ITEM NO. 8.G ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 3 OF 6 PAGES AGENDA ITEM NO. 8.G Resolution No. Resolution approving the 2024 Annual Action Plan to allocate Community Development Block Grant (CDBG) funds in the amount of $1,202,286 and HOME funds in the amount of $349,481, and reallocating $200,000 in prior year CDBG Funds; authorizing the City Manager and Assistant City Manager to execute all HUD documents WHEREAS, the City of Wichita Falls, acting in its capacity as a Grantee of the United States Department of Housing and Urban Development (HUD), administers federally-funded programs to benefit the community; and, WHEREAS, the City of Wichita Falls recognizes that these funds are subject to environmental review, decision-making, and action responsibilities under the National Environmental Policy Act (NEPA) and 24 C.F.R. Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities"; and, WHEREAS, the City Council Subcommittee on Outside Agencies met with and considered requests from local non-profit organizations and City departments who have applied for funding; and, WHEREAS, the City Council on July 2nd, 2024 held a public hearing to receive citizen input; and, WHEREAS, during the Public Hearing, the City Council has considered citizen comments and has reviewed the proposed use of funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City Council of Wichita Falls, Texas hereby approves and adopts the PY 2024 Annual Action Plan that will provide for developing, implementing, and administering eligible programs and activities through the CDBG and HOME Programs, 2. The City of Wichita Falls, acting in its capacity as a HUD Entitlement Grantee, is authorized to apply for$1,202,286 in FY 2024 CDBG funding and $349,481 in FY 2024 HOME funding, and reallocate $200,000 in prior year CDBG funding. Such funding shall be utilized for eligible projects and administrative costs. 3. The City Council authorizes the City Manager, or their designee, to submit the 2024 Annual Action Plan to the U.S. Department of Housing and Urban Development for review and approval, execute any and all amendments, agreements, and other documents necessary to implement the aforementioned Action Plan, to include any and all revisions approved by HUD. 4. The City Council delegates and grants authority to the City Manager, and also PAGE 4 OF 6 PAGES AGENDA ITEM NO. 8.G the Assistant City Manager, so that either may carry out the responsibilities of certifying officer as provided in 24 C.F.R. Part 58, its related Federal authorities listed in Sections 58.5 and 58.6, as well as Section 102 of NEPA and its related provisions in 40 CFR parts 1500 through 1508. Further, as the delegated and authorized certifying officer, each is also authorized to and accepts on behalf of the City of Wichita Falls the jurisdiction of the federal courts for enforcement of all these responsibilities. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 5 OF 6 PAGES AGENDA ITEM NO. 8.G Table of Awarded Funds CDBG: Outside Agencies Child Care, Inc.: Child care subsidies for low-income working families $126,239 Child Care, Inc.: Zale Campus Window Replacement $60,000 Christmas in Action: Home repair for elderly and handicapped owners $150,000 Senior Citizens Services of North Texas: Roof Rehabilitation $67,000 Senior Citizens Services of North Texas: Meals on Wheels Program $54,103 Arts Council Wichita Falls: Jalonick Park Sound Garden $50,000 Arts Council Wichita Falls: Lamar Park Sound Garden $50,000 TOTAL CDBG Funds: Outside Agencies $557,342 CDBG: City Departments Code Enforcement: Demolition and clearance of hazardous structures $225,000.00 Code Enforcement: Administration & operational costs $70,000 CDBG Program Delivery Costs: Minor & Emergency Repair Programs $35,000 Grant Administration: Operational & administrative costs for CDBG $240,456 Program Minor Repair Program: Minor home repair for low-income homeowners $92,500 Emergency Repair Program: Immediate-need home repair for low-income $118,988 homeowners Martin Luther King Center: Childcare Inc. restroom drain repair $18,000 Martin Luther King Center: Counter and cabinet replacement in areas $45,000 used by Green Door and Childcare, Inc. TOTAL CDBG Funds: City Departments $844,944 HOME Program First-Time Homebuyer Program: Acquisition assistance costs for down $232,077 payment, closing costs, minor repairs Affordable Housing Program: Closing costs/principal reduction for Habitat $30,000 for Humanity homebuyers CHDO Set-Aside: Habitat for Humanity 15% of entitlement amount $52,423 HOME Administration: Operational & administrative costs for HOME $34,981 Program TOTAL HOME Funds $349,481 PAGE 6 OF 6 PAGES AGENDA ITEM NO. 8.G CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a Hike & Bike Trail Camp Fire Property to Lucy Park in the amount of $83,512. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVES: Continue to Improve Recreational Amenities COMMENTARY: On April 18, 2023, the Council approved a resolution to support an application for a Transportation Alternatives Set-Aside (TASA) Program Grant to fund one of the 2 remaining sections of the circle trail system for the city. TxDOT subsequently selected the city's application for funding of the Hike & Bike Trail Camp Fire Property to Lucy Park. The project is 80% Federal funded with 20% local participation by the City. The City is responsible for 100% of overruns. A summary of the funding is as follows: Estimated Total Project Cost $3,566,942 Maximum Federal Participation $2,742,753 Indirect State Costs $ 138,501 Estimated Local Participation $ 685,689 Local Breakdown ($602,177 Construction Cost + $83,512 TxDOT Oversight) The City's portion of the costs will come existing, approved funds in the Type B/4B budget. Design for this project has been completed and should be ready for bid in January 2025. The purpose of the AFA is to define the federal requirements of the project and to reimburse TxDOT for their management of the overall grant funding for this project. Staff recommends approval of the AFA. ® Director, Public Works ASSOCIATED INFORMATION: Resolution , Location Map, Advance Funding Agreement ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 25 PAGES AGENDA ITEM NO. 8.H Resolution No. Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a Hike & Bike Trail Camp Fire Property to Lucy Park in the amount of $83,512 WHEREAS, that the City of Wichita Falls, as Project Sponsor, is an eligible entity as described by 23 U.S.C. 213, that nominates a particular project for consideration, exercises jurisdiction over the geographic area in which that project is located, and commits to the project development, implementation, construction, maintenance, management, and financing; and WHEREAS, the City of Wichita Falls, as a project sponsor, supports funding this project as described in the TASA 2023 Nomination Form (including the construction budget, the Department's 15% administrative costs, and the required 20% local match) and is willing to commit to the project's development, implementation, construction, maintenance, management, and financing and is willing and able to enter into an Advance Funding Agreement with the Texas Department of Transportation; and WHEREAS, the City of Wichita Falls is a public body organized and established in accordance with Chapter 458 of the Texas Transportation Code, enacted by the Legislature of the State of Texas; and, WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of the Texas Transportation Code of the law of the State of Texas to accept and dispense federal financial assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the Advance Funding Agreement with the Texas Department of Transportation for public improvements related to the construction of a Hike & Bike Trail Camp Fire Property to Lucy Park. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 25 PAGES AGENDA ITEM NO. 8.H HIKE & BIKE TRAIL CAMP FIRE PROPERTY TO LUCY PARI ;,, I f ..„„ . . .. ,.,,::,... c„...//f / LUCv il ,, . ., } I PROJECT LOCATION ' `', II \X { y4w Av[ _ ,�r { 11 1 , _.- rI a II II f �il I 1 f, // (i ! GL4%. 100Q 1111fW 7' CAMP FIRE r ING_L --,1 £ - .,. ' jp� 1gtt' - .. + _IA WOODDA R , I VERNON : a W, o,''' 'A V, .-' , [ II 'I `i -1 7. H an w xI 1 � - II 14 U.S,HWYP2a277 II -__ ,> .,,.,._ - O ,Z LO c W w a 6 TALUNAF:LN ; !'. i1 — _ i` .. I Y J J C 11 T'-I I ITI'-:;.,::..I. 1-.AIL 1I LOCATION MAP ,f ;: 4 PAGE 3 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration; (C5J 4 0903-03-119 AFA ID Z000091:647 CFDA No. 20.205 AFA Cols 0903-03-119 CFDA Title Highway Planning and Construction District# 03-WFS Code Chart 644 46050—City of Wichita Falls Project Name T.4SA Hike&Bike Trail[a nip Fire Property to Lucy Park AFA Nat Used For Research&Deuelaprnent STATE OF TEXAS COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT TxDOT-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas(State), acting through the Texas Department of Transportation, and the City of Wichita Falls(Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized arias of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds,and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC§133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as TASA Hike& Bike Trail Camp Fire Property to Lucy Park(Project), and Page I of 18 AFA TASA Re, ' 23t2'O24 PAGE 4 OF 25 PAGES AGENDA ITEM NO. 8.H TOOT: Federal Highway Administration; CCSJ# 0903-03-119 AFA ID Z00009647 CFDA No. 20.2o5 AFA Cgs 0903-03-119 CFDA Title Highway Planning and Construction District# 03-WFS Code Chart 64# 46050—City of Wichita Falls Project Name T.850.Hi Trai Ca rnQ Fire Property to Lucy Park .4FA Not Used For Research&Development WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116575 (MO)dated October 26, 2023 awarding funding for TASA projects in the TASA Program Call of the State, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated 08/06/2024,which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW,THEREFORE,the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance_ 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement(FPAA)for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA)for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of constructing a shared-use path along the south side of the Wichita River from Camp Fire Property to Lucy Park. It will connect to the existing trail network at Lucy Park. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used,the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled 'Local Government Project Procedures and Page 2 of 18 AFA TASA Rear_112312024 PAGE 5 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration; CCSJ# 0903-03-119 AFA ID Z170009047 CFDA No. 2I].205 AFA CDs 0903-03-119 CFDA Title Highway Planning and Construction District 03-WFS Code Chart 644 46050—City of Wichita Falls Project Name TSS4.Hi xe 3,Bi xe Trail Can Fire Property to Lucy Park AFA Not Used For Research&Development Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs- To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State- Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form- C- State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from lime to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents- E- State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cast basis- Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement F- The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex- Admin. Code §11A11(d - Page 3 of 18 AFA TASA Rear-112312024 PAGE 6 OF 25 PAGES AGENDA ITEM NO. 8.H TxdOT: Federal Highway Administration; CCSJ 4 0903-03-119 AFA ID z 00'9043 CFDA No. 20.205 AFA CSJs 0903-03-119 CFDA Title Highway Planning and Construction District 4 CF3-WFS Code Chart 644 46050—City of Wichita Falls Project Wane T.450.Hixe&Bixe Yraiu camp Fire Property to Lucy Park AFA Not Used For Research&Oeveloprrxerrt G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used,the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1)differing site conditions are encountered; (2)further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3)work requested by the Local Government is determined to be ineligible for federal participation; or(4)the adjustment is mutually agreed to by the State and the Local Government- I. Following execution of this Agreement, but prior to the performance of any plan review .ei.ork by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation'°. The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government.The cast of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor Page 4 of 18 AFA TASA Rev.1,2312024 PAGE 7 OF 25 PAGES AGENDA ITEM NO. 8.H FxDO1: Federal Highway Admiral tration: CC5Jf 09013-03-119 AFAR} ZO0009047 CFDA No. 20.205 AFA CSic 0903-03-119 CFDA Title Highway Planning and C onsuuct ion District lP 03-WFS Code Chart 6441 46050—City of Wichita Falls Project Name TASA Hike&Bike Trail Carp Fire Property to Lucy Park AFA Not Used For Research&JAeve opment with access to any inforrnation the state auditor considers relevant to the investigation or audit P. State will not pay interest on any funds provided by Local Government Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County{EDC)or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement,this agreement reflects those adjustments. 4. Termination of the Agreement A_ This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement Any cost incurred due to such breach of contract shall be paid by the breaching party_ B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred_ Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties_ C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state _ost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated_ The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons,this Agreement will be appropriately terminated_ A project may be eliminated from the program, and this Agreement terminated, if: I_ Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, 011.400— 11.418_ Page 5 of 113 AFA TASA Rev. 1f23f2O24 PAGE 8 OF 25 PAGES AGENDA ITEM NO. 8.H TOOT: Federal Highway Administration; (CSJ 4 0903-03-119 AFA ID Za1.309047 CFDA No 20.205 AFA CSls 0903-03-119 CFDA Title Highway Planning and Construction Di strict 4f 03-WFS Code Chart 644 46050-City of Wichita Falls Project Name TASA Hike&Bite Trai Camp Fire Property to Luryr Pack AFA Not Used Far Research&Development t 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA_ 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any valiance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1)the activity is required to complete Project; (2)the cost is incidental to Project; and (3) TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Page 6 of 18 AFA TASA Rev.1,2312024 PAGE 9 OF 25 PAGES AGENDA ITEM NO. 8.H TOT: Federal Highway Administration: CCS.14 0903-03-119 AFA ID Z00009047 CFDA N . 20,205 AFA CSls 0903-03-119 CFDA Title Highway Planning and Construction Districtfl 03-WF5 Code Chart 6444 4E050—City of Wichita Fails Project Name TASA Hike&Hike Frail Camp Fire Property to Lucy Park AFA Not Osed For R.esenreh&Devekapment Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation- These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State- C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane- D. Before the advertisement For bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained- 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR)as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P-L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government In procuring professional services,the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shalt be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable- The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' rA.ASHTO") publications, xA Policy on Geometric Design of Highways and Streets'and "Guide for the Development of Bicycle Facilities,' as applicable. All design criteria for bicycle and pedestrian bridges must comply with TxDOTs Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges-The use of other systems of specifications shall be approved by State in writing in advance. Page7 of 18 AFATASA Rex. 23:2024 PAGE 10 OF 25 PAGES AGENDA ITEM NO. 8.H TOOT: Federal Highway Administration; ((Si# D903-03-119 AFA ID Z00009047 CFDA No. 20.205 AFA C51 s 0/943.03-119 CFDA Title Highway Planning and Construction District 03-WFS Code Chart 644 460S0—City of Wichita Falls Project Name TASA Hike&Bike Trail Camp Fire ProDerty to Lucy Park AFA Not Liked For Research&Development C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule_ Local Government may also submit the plans to State for review any time prior to completion_ Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval_ D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work_ Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law_ 11. Construction Responsibilities A_ The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction_ 6_ All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C_ All contract change order review and approval procedures must be approved by State prior to start of construction. D_ If the Local Government is the responsible party, the State must review and approve change orders_ E_ Upon completion of Project,the party constructing Project will issue and sign a 'Notification of Completion' acknowledging Project's construction completion. F. For federally funded contracts,the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form"FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.6_ G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date_ All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the Page 8 of 18 HF Tnv;a R 2024 PAGE 1 1 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration; CCSJ4 G9C13-03-119 AFA ID 2000C9C147 CFDA No. 20.205 AFA CSJs G9(13-03-119 CFDATitle Highway Planning and Construction District U3-WFS Code Chart 644 46Q5p—City of Wichita Falls Project Name T.BSO.Hike&Bible Trai Camp Fire Property to Lucy Park AFA Not Used For Research&Development federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property,State and FHWA must be notified prior to the sale,transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real proPerty- B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such Page 9 of 18 AFA TASA Rev.112312024 PAGE 12 OF 25 PAGES AGENDA ITEM NO. 8.H T Ol: Federal Highway Administration: CCSi# 0903-03-119 AFA ID Z00009C47 CFDA No. 20.2U5 AFA CSls 0903-03-119 CFDA Title Highways Planning and Construction District 10 03-WFS Code Chart 6444 46050—City of Wichita Fails Project Name T.BSA Hike&Bike Trail CampFi a Prose..t,to Lucy Park AFA blot Used Far Research&Development compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all casts and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1)State, if the real property is to be made part of the State Highway System, or(2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments_ Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans_ Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property_ Tracings of the maps shall be retained by Local Government for a permanent record_ F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative_ The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation_ The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values_ State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof,whichever is less_ In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. Local Government and current property owner are responsible for any casts associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement The separate agreement between Local Government and the current property owner must establish that Project Page 10 of 18 AFA TAS.4 Rear_1/23/2024 PAGE 13 OF 25 PAGES AGENDA ITEM NO. 8.H TOOT: Federal Highway Administration: CCSJ# 0903-03-119 AFA ID 200O09047 CFDA No. 20.205 AFA CSJs 0903-03-119 CFDA Title Highway Planning and Construction District# 03-WFS Code Chart 6444 46050—City of Wichita Falls Project Name TtsSA Hike&Bike Trail[a ITZ Fi a Praae•ty to Lucy Park I AFA Nat Used For Research&Developrnerrt ill be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment- For State-selected projects, this is outlined in 43 Tex- Admin. Code§11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion- The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State- K- Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion,and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction- L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2)the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete- If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work- B- For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S- mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Wichita Falls Texas Department of Transportation ATTN: City Manager ATTN: Director of Contract Services 1300 7'"Street 125 E. 11' Street Wichita Falls,TX 76307-7531 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by Page 11 of 18 AFA TAS A Rear-1123'2024 PAGE 14 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration; CCSJ# 0903-03-119 AFA ID Z00009047 CFDA No. 20.205 AFA Cgs 0903-03-119 CFDA Title Highway Planning and Construction District# 03-WFS Code Chart 54# 46050—City of Wichita Falls Project Name T.85t Hi &Bi Me Trail Camp Fire Property to Lucy Park AFA Not Used For Research&Development sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address,which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11' Street Austin, TX 78701 All invoicing, payment, and project inquiries must include the following information: County: Wichita Local Government: City of Wichita Falls CSJ No: 0903-03-119 Project Name: TASA Hike& Bike Trail Camp Fire Property to Lucy Park Highway or Roadway: Hike & Bike Trail 113. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents pepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the farm of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. Page 12 of 18 AFA TASA Rear_1,2312024 PAGE 15 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration; CCSJ4 G9(13-03-119 AFA ID 200oC9C147 CFDA No. 20.2U5 AFA CSJs G9(13-03-119 CFDATitle Highway Planning and Construction District 0.3-WFS Code Chart 644 46o5p—City of Wichita Falls Project Name T.4SA Hike&Bike Trai Camp Fire Proae•tV to Lucy'Park AFA Not Used For Research&Development 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds,the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7)years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including Page 13 of 18 AFA TASA Rev.112312024 PAGE 16 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Administration: CCSJ 4 G90.3-03-119 AFA ID 20001)90,47 CFDA No, 20,205 AFA C5ls 0.9U3-03-119 CFDA Title Highway Planning and Construction District 1:F3-WFS Code Chart 644 46050—City of Wichita Falls Project Name TSs:Hire 8 BiMe Traii Camp Fire Property to Lucy Park AFA Not Used for Research&Deuekgarnerot employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E_ Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies andfor 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A)through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A_ Title VI of the Civil Rights Act of 1964(42 U_S.C. §2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B_ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4501), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). Page 14 of 18 AFA TASA R t•, '.^-2 2024 PAGE 17 OF 25 PAGES AGENDA ITEM NO. 8.H DOOM Federar Highway Adrniryistration: CC51 tt 0903-03-119 AFA IU Z00009047 CFDA No, 20.205 AFA Cgs 0903-03-119 CFDA Title High"vray Planning and Construction District it 03-WFS Code Chart64#t 46050—City of Wrdiita Falls Project Name TA SA Hike&Hike Trail Camp Fire Property to Lucy Park AFA Not Used For Research&Gevetopmerrt C. Federal-Aid Highway Act of 1973, (23 U.S.C- §324 et seq..). as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 610 I et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of'1973, by expanding the definition of the terms programs or activities"to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and Ill of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. L The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C- §47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and law-income populations- K- Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,the parties must take reasonab' steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Page 15 of 18 AFA TASA Rev-1f23f2024 PAGE 18 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal Highway Adminishatbn: CCSJ 4 0903-03-119 AFA ID 200+305047 CFDA Nn 20.205 AFA CSJs 0903-03-119 CFDA Title Highway Planning and Construction District 4 03-W F5 Code Chart 644 46050-City of Wichita Falls Project Name TSS.",Hi Ke&Bi xe Trai [amp Fire Property to Lucy Park AFA Not Used For Research&Development Enterprise by Entity, and attachments found at web address: http:l/ftp.dot.state.tx.uslpubitxdot-infolbopfd beimoufmou_attachments.pdf. E. Local Government shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program. State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies.Act of 1986 (31 USC§ 3801 et seq.). F. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspensi'n." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party,to include principals,that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and,when requested by State, to furnish a copy of the certification. If state funds are used,the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule 20-585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an Page 16 of 18 AFA TASA R-.;..1123I2024 PAGE 19 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: FederaF Highway Administration: CCS9f1 0903-03-119 AFA ID Z00009047 CFDANo. 20.205 AFACSIs 0903-03-119 CFDATitle Highway Planning and Construction District 03-WFS Code Chart644 46050—City of Wichita Falls Project Name TASP.Hike&Bike Trail Camp fire Praperty to Lucy Pack AFA Not Used For Research&flevekoprrre rt employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Forn-LLL, 'Disclosure Form to Report Lobbying." in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly- Submission of this certification is a prerequisite imposed by 31 USC §1352 fix making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http:lfwww-gpo.govffdsysfpkglFR-2010-09-14fpdff2010-2270E-pdf and http://www.opo.govifdsystpkgiFR-2010-09-14/pdf/2010-22706.pdf. B. Local Government agrees that it shall: '1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https:Nsam-govISAMfpagesipubliciiindex-jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-fine registration website http:dlfedgov.dnb-comfwebform; and 3. Report the total compensation and names of its top five executives to State if: a- More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b- The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. Page 17 of 18 AFA TASA Rev-112312024 PAGE 20 OF 25 PAGES AGENDA ITEM NO. 8.H TOOT: Federal Highway Administration, CC5/# 0903-03-119 AFA I.I) Z00009047 CFDA No, 20,295 AFA CSIs 0903-03-119 CFDA Title Highway Planning and Construction district# 03-WFS Code Chart GU 45050—City of Wrcfrita Falls Project Name TASA Hike&Bike Trail Ca naa Fire Priverty Fa Lucy Park AFA Not tFsed For(Research&Oevelopmerrt B. if threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable) ko TxDOTs Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOTs Compliance Division at singleaudits txdot,gov C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above- The required annual fling shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Darron Leiker Typed or Printed Name Typed or Printed Name Director of Contract Services City Manager Typed or Printed Title Typed or Printed Title Date Date Page 18 of 18 AFA TASA Rev. 1123/"2D24 PAGE 21 OF 25 PAGES AGENDA ITEM NO. 8.H TxDOT: Federal'Highway Administration: CCSJ Ot 0903-03-119 MA ID Z00009017 CFDA No. 20.205 MA CSIls 0903-03-119 CFDA Title Highway Planning and Construction District* 03-WFS. Code Chart EA* 116050-City of Wichita Falls Project Name -OSA Hike&Bike Trail Camp Fie Property to Lucy Park AFA Not Used For Research&Devebprnent ATTACHMENT A PROJECT LOCATION MAP • •••• 07. • 41 j Or U si7.7,Ng.Prod. Sty '44( '194, rti .7. .12 >, t Lte,d 01' U 1 ailpi fr CL ng 0.) fli LT: •77.. E U 7 rr CD I rn '"-- < 11 trli =7i ^il:r1 L Page 1 of AFA TASA Attachment A PAGE 22 OF 25 PAGES AGENDA ITEM NO. 8.H co I w • (7 Q 0 a z L[) N W W w o Q a al O {p c a a a a O C7 6,.. kq wi k$ 65, N' I,- d fA t 69. b°. iA J CO 0 4 siC\I Z C O -' P O a iti 0 J 0 Q Q a a a Ry a Q a a Q v ' ci in ci co r} ci £i P a i a O r7 ci 2 H 7 N 23 u: G co `an o •, A z 1' C Ca 'ua ci C] C] C] c ci v ci..... 3 _ C c, inin � ci in ininarD CI [cp�7IT pp pQ O c� J 4 LL ? P3 Gp {J c47n ' 5 ' +A ;, O k G � a '8 H 1-` r a-k I— 'Q y a° a E iLL A _ + e CS C5 L a CO 1- 6 ci ci [5 ci WaPI c,'i sill 7y, OD co A ; - o_ ; . . tel o r t w #Y p C n c _ a o O `- .) u c cif aa1 _ ' cn or r a EL W E 5 o cau5wUI- n. w cC 5 rT, I-L. u (n I w • (7 < O a z L[) N w I. r CC) CO N 10 Ch C3 (7 �ryg` O H („�1 4 J ce) c.J -7 It? Ci} sG + r�5 ,r Q CN CQ CN r Cc/ C'l C[`7 Lei. W C! N z r 5 E+# *AiLg. EA coEe co CSC) w {3 'C Yx VTrs CD CD CD ID a Q t n E 4} U to Ei 5 a}. V L c Q a c c Q efl —I CJ N CV {`J CV {V o 0 0 o o 0 64e4Erg691 WI CD 43 0 L.L1 is 0 oti1. Ty' t3 ' to "e °C� ifi IV UJ MI 2, t t .0 4 r p e i ci U i �, +a '_re) r b% r r,) i es FA EA A EN A , 2 N i . av =g „ 13 L P :41 v '` a O Cal 6. 2 8 ('3 3 V a Pb C tl) — 1 i 2 11 IMEOE , n o LC7 NI CB 8 o p�!ry5 V af5 t[S GAG co in 'S 0 s� Ci ,2 Fes-. 3 u �41 CD I 47 M f 1 it/ L i$i� 7 '3 w c m a) .c _ a ram.- 63 Y -- cfr NE9 }•Itt } g .a g E as o v ; ° 0 a . m m '0 4 J < 2:' 2 E L+ Cr c, 0 '11 { cq ct o a WS ,} O - C4 C +w ,� n - C W ra ca e • cy 0g ._ zE Ea Eis43 = ' W c ›- e ° « 2 ~ p 8 c" } . o c '8 aS g b c E is Cry} cL = V ❑ i `8 g' ' a . ct c 0 .cp .P ,5 N < e < i— 2 a) a) 2 CZ a) c2 sa Q c 06 7 P O ,N E. 0 Y I— CtQ Q Y I1- I..,r4 I— H O. W = = 0 C I € I— I— f1 Z ■ ■ ■ • ■ ■ • . ■ ■ TxDCIT: Federal Highway.4dm•nistration: CCSJ# 0903-03-119 MA ID Z00009047 (FDA No. 211205 AFACS.s 0903-03-119 (FDA Title Highway Planning and Construction District# 03-WFS Cade Chart G40. 46050—City of Widhiiak Falls Project Name TASK.Hike&Bake Trail Camp Fie Property to Lucy Park AFA Not Used For Research&DeweJoprnent ATTAC:HMIENT C RESOLUTION OF LOCAL GOVERNMENT Resolution No. Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a Hike& Bike Trail Camp Fire Property to Lucy Park in the amount of$83,512. WHEREAS,that the City of Wichita Falls, as Project Sponsor, is an eligible entity as described by 23 U.S.C. 213, that nominates a particular project for consideration, exercises jurisdiction over the geographic area in which that project is located, and commits to the project development, implementation, construction, maintenance, management,and financing;and WHEREAS, the City of Wichita Falls, as a project sponsor, supports funding this project as described in the TASA 2023 Nomination Form (including the construction budget, the Department's 15%administrative costs, and the required 20% local match)and is willing to commit to the projects development, implementation, construction, maintenance,management,and financing and is willing and able to enter into an Advance Funding Agreement with the Texas Department of Transportation;and WHEREAS,the City of Wichita Falls is a public body organized and established in accordance with Chapter 458 of the Texas Transportation Code, enacted by the Legislature of the State of Texas; and, WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of the Texas Transportation Code of the law of the State of Texas to accept and dispense federal financial assistance. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,TEXAS, THAT: The City Manager is authorized to execute the Advance Funding Agreement with the Texas Department Transportation for public improvements related to the construction of a Hike & Biioe Trail Camp Fire Property to Lucy Park. PASSED AND APPROVED this the Oh day of August, 2024. Mayor ATTEST: City Cleric Page 1 of 1 AFA TASA -.achrne r.Cv PAGE 25 OF 25 PAGES AGENDA ITEM NO. CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution authorizing the City Manager to execute all documents necessary to purchase the Fleet Management Software through the GSA Contract from AssetWorks Inc. in the amount of $62,787.66. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The current fleet management software was purchased in 2009. It has gone through several software upgrades over the last 15 years, and has served the organization well. However, AssetWorks stopped supporting this product version in 2019. In addition, it has become increasingly difficult to run basic reports on the current system. In the current Fleet Maintenance budget, funds were included for the purchase of individual work stations for the mechanics. These new work stations would allow for better staff accountability by better tracking the time that staff spends on repairs. Furthermore, it would reduce the need for paper work tickets, ordering parts, and tracking the status of work orders. Unfortunately, the current software does not support the use of multiple remote workstations. AssetWorks will assist the City of Wichita Falls with data transfer, as well as provide on-site training on the new software. If approved by Council, the funds for this software upgrade will be transferred from the Division's building capital improvement account to complete the purchase and upgrade. 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. Annual software maintenance costs are based on the number of registered vehicles within the City's fleet at approximately $35 per unit per year. It is recommended that the City Council authorize the City Manager to sign all documents necessary to purchase the Fleet Management Software through the GSA Contract (GS-35F-317GA)from AssetWorks Inc. in the amount of $62,787.66. ® Director of Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution; GSA Documentation PAGE 1 OF 7 PAGES AGENDA ITEM NO. 8.1 ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 7 PAGES AGENDA ITEM NO. 8.1 Resolution No. Resolution authorizing the City Manager to execute all documents necessary to purchase the Fleet Management Software through the GSA Contract from AssetWorks Inc. in the amount of $62,787.66 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 of Wichita Falls Fleet Maintenance Division desires to upgrade their fleet management software; and, WHEREAS, the City Council finds that AssetWorks Inc. is offering Fleet Management Software through the GSA Contract (GS-35F-317GA), and it is in the best interest to purchase this software in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute all documents necessary to purchase Fleet Management Software through the GSA Contract from AssetWorks Inc. in the amount of $62,787.66. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 7 PAGES AGENDA ITEM NO. 8.1 AssetWQRKS QUOTATION AssetWorks Inc. Quote 4: CD-09739 Old k:.ass,n Had:::;i l:201 Date: 6/2212022 Be v'iI.FA1cLJi7 Expires On: 11129/2024 Account Manager:Allan Richardson Email: allan.richardson@assetwortrs.com Phone: (817)243.6778 To Donald McEwen City of Wichita Fads (940)781.7931 donald rncewen[wichaafaiiste gov This pricing is pursuant to GSA Contract#:GS-35F-317GA between AssetWorks and the above named Customer. Pricing below is valid until 11/29/2024. Perpetual Software License Description OTY Total Enterprise Portal Module 1.000 INC Shop Activity Module INC Customer Access Module 1 INC Cry,lr,•Reports Si '..OEr;'Ec•tiui wt:-i'ix report writer F�-Forl..r`1 h'.r�d.r e 1 INC KPI'Uashcoards Module 1 +lc Perpetual Software License Total: USD 12,927.95 Additional Annual Software Maintenance Description Line Total Softens Maintenance USD 3231.49 Additional Annual Software Maintenance Total: USD 3,231.49 Remote Upgrade Assistance Description Line Total upgrade Assistance Services(2 Environments) USD 5,319.90 Upgrade Assistance Total: USD 5,319.90 GUI to Web Module Project Implementation Services Description Line Total Project Management Services USD 6,915.87 System Configuration/Design Services USD 5,185.90 System Migration Services(Includes Enterprise Purchasing Migration if USD 8,644.84 Applicable) Training Services(1 Trip Onsfisite) USD 8,915.87 Page 1 of 4 PAGE 4 OF 7 PAGES AGENDA ITEM NO. 8.1 On Live Sur,q,ot= trio q r1 Tv OriSiir; USD Cr51.3g Pn;i Go 1.15D 2 SST 45 E,Lri1olvi1 Tr1vF1 3vr•1n: �=Trips USD 6,000.00 GUI to Web Module Project Implementation Services Total: USD 41,308.32 Year One Project Total: USD 62,787.66 Optional Mo011eFocus Description CITY Line Total MotiileFocus 1 SmartApps,Enterprise License 1,000 USD 6,690.1E1 Sc[tware Maintenance 1 USD 1.679.60 EDGE Portals and Configurations Complete in Test and Production 1 USD 5,319,90 EDGE Training Delivery 1 USD 1 319.90 In0t311 lion.oily Ccri:i ration of Smy�tACI ':1„Teat and Producnon Enoronrnent 10 USD 216.12 USD Li 6.1.21 tUp to 1 Appr, E•rn0i+4p0t.Trtirnlg U.?.i'y 10 USD 216.12 USD z.1 Fi9.21 Optional Items Total:23,332.00 FleetFocus FA Web Module Migration Services Scope and Assumptions FieetFocus FA Web Portal Corrfipuration&Prep • Review and provide assistance to customer as they clean-up User Groups,Users, Employee(configure for portals)and User Security. • Review and provide assistance to customer as they clean-up work order codes including repair tasks(6 digit vs 4 digit), repair groups(3 digit vs 2 digit), inspections,PM Services,indirect tasks,repair reasons and work accomplished codes. • Review and provide assistance to customer as they clean-up equipment class codes(Meter,Maintenance, Standards,PM and Resource)and Equipment Types. • Review and provide assistance to customer as they clean-up of parts data(Part Primary,Part Location, ParilVendor and associated codes such as Keyword,Product Category and review Replenishment Management). • Configure FleetFocus FA"option"screens to be optimized for the FleetFocus FA web portals and review new "options"functionality. • Configure FleetFocus FA Shop Activity web portals including options and layout(Technician,Work Management.Storekeeper. Service Request,Reporting and AdHoc). • AssetWorks will advise and assist the customer in the data clean-up for these areas but does expect the customer will need to do the majority of the clean up as the customer has first-hand knowledge of their data. • Training is included on the FleetFocus FA data loader tool to assist the customer in their data loading efforts as the customer cleans up the data-,optionally the GUI Batch import tool can be used. FleetFocus FA Enterprise Purchasing Migration • Order Form includes migrating from Classic Purchasing(Quick Orders)to Enterprise Purchasing covered under the"System Migration.Services"line item. • Migrating includes the customer manually closing"OPEN"Quick Orders with direction from AssetWorks. • Customer will need to manually re-enter active purchase orders and their line items as an Enterprise Purchase Order prior to go live on the FleetFocus FA Shop Activity web portals. • Quick Orders will be viewable for historical purposes after the migration • To automatically covert"OPEN"status Quick Orders la"OPEN"status Enterprise Purchase Orders an additional quote is needed. Page 2 or 4 PAGE 5 OF 7 PAGES AGENDA ITEM NO. 8.1 FleetFocus FA Training& Go Live Assistance Training on the FleetFocus FA data loader tool to assist the customer in their data loading efforts as the customer cleans up the data;optionally the GUI Batch import tool can be used. • Training on FleetFocus FA Shop Activity web portals(Technician,Work Management,Storekeeper,Service Request,Reporting and AdHoc)(4 days ensue). • Refresher training for Fleet Administralcrrs on equipment management(adding and retiring equipment)and FleetFocus organization structure best practices!employees,vendors,operators,etc.). • Go live support to assist users with the FleetFocus FA web portals In production(3 days onsite). FleetFocus Fit Web Module MigrationAssumptlnns • Requires currently supported version of FleetFocus FA;upgrade services are not included unless otherwise noted on the quote. • Services do not include any technical services such as custom interface or report development. • Web Module Migration Project costs are estimated for a lime and materials project and do not include applicable taxes. • Actual costs might be greater ur lesser than those presented in this Order Form. AssetWorks Professional Services Standard Terms AssetWorks will assign a Project Manager(PM)4-6 weeks after a fully executed and processed order.The PM will engage Customer to kick-off the project and begin scheduling services.The delivery schedule of the project will he set during tyre project planning phase. • Current supported version of FleetFocus Is required and adheres to the minimum versions as referred to in AssetWorks Product Documentation. • Customer may be required to upgrade if new features and/or fixes are available and considered necessary for project success;upgrade services are not included,unless otherwise noted. • Training is delivered as"train the trainer for system administrators;end user training is not included unless otherwise noted.The max c?ass size is ten(10)participants. • Where applicable,standard training materials will be utilized;scope does not Include customized training materials. • Customer will make appropriate technical resources available to AssetWorks'consultants and provide necessary and appropriate personnel at meetings to define project requirements. • Customer will appoint a single point of contact for project duration to be the focal point,that Will have project management responsibilities and decision-making authority. • Customer will be responsible for working with AssetWorks'Professional Services to move any changes Into a production environrnent. • All services will be pedcnited remotely'using+neb teleconferencing,unless otherwise noted. • It included,travel expenses will be reimbursed as incurred, unless otherwise noted.Expenses include actual costs for lodging,air,ground t.rave,and per diem rates for meal expenses(corporate rate/government agreement). • In the event Customer schedules on-Tile services and two calendar weeks prior to the arrival date,and due to circumstances within Customer s control.AssetWorks'scheduled personnel are unable to perform such services,AssetWorks will be entitled to payment for each such scheduled personnel based on an eight-hour minimum day. • Any features, specifications,tasks,services,or requirements not detailed in this SOW/quote are explicitly excluded.if additional scope is added or required,a change order will be requested of Customer. • Invoices are due on existing contract terms. • All costs are quoted in USD and do not include applicable taxes. • All software licenses and first-year maintenance and/or subscription fees will be invoiced upon contract execution. • Annual maintenance for quoted custom deliverable(s)is billed upon delivery of the item(s)as defined the scope. • If this Order Form is abandoned,paused,or cancelled by Customer for any reason mid-effort,Customer will be billed for all AssetWorks time incurred al the current contracted labor rate. (Optional) MobileFocus EDGE Project Scope and Assumptions • AssetWorks will provide remote services to install Mobile Focus EDGE (EDGE)and perform base FleetFocus configuration to support EDGE as used by Customer.The module and integration assume usage of all EDGE settings out of the box and utilizes functionality built within supported versions, as noted in EDGE product documentation. The Page 3 DI 4 PAGE 6 OF 7 PAGES AGENDA ITEM NO. 8.1 minimum version required for EDGE is v.29.1; additional portals will be added to future versions and noted in product documentation when released. • After training and configuration sessions are complete, Customer will finalize the setup in FleetFocus and is responsible for loading all data required for project success. • Assumes fleet assets are setup in FleetFocus and ready for configuration to support EDGE functionality. • EDGE supports the SSO methods per AssetWorks Product documentation per version. • EDGE,once installed, requires a connection to the application server and the database_ • Services for other MobileFocus platforms including handheld devices are not included, unless otherwise noted on the Order Form. • Training assumes train-the-trainer approach and a remote location for training for all groups.The max class size is ten (10)participants. If the size of the organization is smaller and meets this class size for sessions such as technician,supervisor and storekeeper, direct end user training will be utilized over a train-the-trainer approach_ • Costs are for a fixed fee project and do not include applicable taxes. Milestone(s)are to be billed as noted below in the milestone names, with the amounts noted below: • Milestone-Review of EDGE Portals and Configurations Complete in Test and Production = $5,319.90 USD • Milestone-Delivery of EDGE Training =$5,319.99 USD (Optional) SmartApps Project Scope and Assumptions • AssetWorks will provide remote services to install SmartApps and advise on base FleetFocus configuration to support up to one(1)app as well as test the configuration. • After training and configuration sessions are complete, Customer will finalize the setup and is responsible for loading all data required for project success. • Assumes fleet assets are setup in FleetFocus and ready for configuration to support SmartApps functionality. • The Inspections App will provide for one checklist setup and be conducted as a train-the- trainer for Customer to complete any additional checklists needed. • Ali end users must have a FleetFocus user account(password required on user account) created with an attached operator account. • SmartApps supports the SSO methods per AssetWorks Product documentation per version. • Services for other MobileFocus platforms including handheld devices are not included, unless otherwise noted on the Order Form. • Costs are for a fixed fee project and do not include applicable taxes. Milestone(s)are to be billed as noted below in the milestone names, with the amounts noted below: • Milestone: Installation of SmartApps in a Test and Production Environment= $2,161.21 USD • Milestone: Delivery of SmartApps Training =$2,161.21 USD Page 4 of 4 PAGE 7 OF 7 PAGES AGENDA ITEM NO. 8.1 CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution allowing the City Manager to execute an Airport Facilities Lease and Rental Car Concession Agreement at the Wichita Falls Regional Airport with EAN Holdings, LLC (dba Enterprise Rent-A- Car). INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support a Thriving SAFB; Seek Opportunities for Additional Air Service COMMENTARY: When Executive Tranzport ceased operations at Wichita Falls Regional Airport, staff explored opportunities to fill the vacated office space. One option was to recruit a third rental car company into the Airport terminal. One of the contacted rental car companies, Enterprise Rent-A-Car, was interested in opening a second location at Wichita Falls Regional Airport. After several months of negotiations, the following fees were agreed upon: • Office Space Rental $6,600/year • Parking Space Rental $28,080/year • Minimum Annual Guarantee $66,000/year or 10% of gross revenues if higher At a minimum, this agreement will generate an additional $100,680 in revenue to support operations and debt service at Wichita Falls Regional Airport. In addition, the agreement fees are comparable to peer rental car companies located in the terminal. While these revenue funds were not included in the FY 2025 Regional Airport budget, the additional income will improve the operational performance of its terminal operations. Staff recommends that the Council approve this resolution. ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution; Rental Car Concessions Agreement ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 28 PAGES AGENDA ITEM NO.8.J Resolution No. Resolution allowing the City Manager to execute an Airport Facilities Lease and Rental Car Concession Agreement at the Wichita Falls Regional Airport with EAN Holdings, LLC (dba Enterprise Rent-A-Car) WHEREAS, the City of Wichita Falls desires to make rental car services available to customers of Wichita Falls Regional Airport; and, WHEREAS, EAN Holdings, LLC (dba Enterprise Rent-A-Car) has expressed an interest in the opportunity to operate a rental car service at the Airport; and, WHEREAS, the City of Wichita Falls desires to maximize the revenue generated at the Wichita Falls Regional Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute lease and concession agreements with the EAN Holdings, LLC with changes thereto in a form approved by the City Attorney. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 28 PAGES AGENDA ITEM NO.8.J AIRPORT FACILITIES LEASE AND RENTAL CAR CONCESSION AGREEMENT Between City of Wichita Falls,Texas and EAN Holdings,LLC At Wichita Falls Regional Airport(5PS)Wichita Falls,Texas AIRPORT FACILITIES LEASE AND REN7AL CAR CONCESSION AGREEMENT Wichita Falls Regional Airport 15PS) This Airport Facilities Lease and Rental Car Concession Agreement dated as of .. is between City of Wichita Falls,Texas("City"), and EAN Holdings, LLC,d/b/a Enterprise Rent-A-Car and National Car Rental a limited liability company organized under the laws of the State of Delaware,and having a principal address of 433 East Memorial Road,Oklahoma City,OK 73114("Licensee"). RECITALS moms,City is the operator of the Wichita Fails Regional Airport(SPS);and, WHEREAS, automobile rental services at the Airport are desirable for the proper accommodation of passengers arriving at and departing from the Airport;and, WHEREAS,Licensee wishes to provide automobile rental services at the Airport;and, WHE1tEM,City desires to make said services available at the Airport and the Licensee is qualified,ready and able to perform or see to the performance of said services. Now,THEREFORE,in consideration of the foregoing and of the mutual covenants and agreements herein, the City is willing to lease to the Licensee a portion of the Airport premises,and grant the Licensee certain non-exclusive rights and privileges. 1. DEFINITIONS As used in this Agreement,defined words and terms shall have the following meanings: 1.1. "Airport" is the Wichita Falls Regional Airport (SPS) located approximately five miles north of downtown Wichita Falls,Texas, 1.2."Airport Administrator"is the director and manager of the Airport as may be designated from time to time by the city. 1,3."Agreement"Is this Airport Facilities Lease and Rental Car Concession Agreement. 1.4."Gross Revenue"is defined as all fees and charges to customers for the rental of Motor vehicles and all other activities and services performed by the Licensee in connection with its rental car concession on Page 1 of 26 PAGE 3 OF 28 PAGES AGENDA ITEM NO.8.J any location at the Airport including business conducted at the fixed Base Operator(F80)or any other premises leased by the City to Licensee or within a live(5)mite radius of the Airport(measured in a straight line from the terminal entrance) if those customers used the Airport within 24 hours of rental of such motor vehicles(including but not limited to reservations made through travel agencies and reservations made by telephone, un-line reservations, Facsimile, telegraph, social media and other means of communications,and including but not limited to all base, time and mileage Fees and charges from Licensee's customers for the rental of vehicles),plus all premiums and other fees and charges(regardless of how they may be denominated)for personal accident insurance coverage,personal effects insurance coverage, personal effects protection insurance coverage, liability insurance supplement, additional liability insurance coverage,and all other types and kinds of insurance coverages and policies(regardless of how they are denominated, regardless of the parties covered,and regardless of the risks insured against),plus all sums for insurance waivers,collision damage waivers,and loss damage waivers,whether rash or credit,and whether collected or uncollected,plus all sums or other fees and charges Licensee receives,or is entitled to receive,for refueling motor vehicles rented to customers,plus all sums or other fees and charges Licensee receives,or is entitled to receive,for the rental of any optional equipment such as cell phones,GP5 devices,luggage or ski racks and infant seats plus all sums or other fees and charges Licensee receives,or is entitled to receive,for additional drivers.Provided,however,that gross revenues shall not include(a)federal,state or municipal sates tax separately stated and collected from customers by the Licensee,whether now or hereinafter levied or imposed separately stated on the rental agreement and collected from customers of Licensee;(b)amounts Licensee receives for the sale,disposition,loss, conversion or abandonment of Licensee's used motor vehicles and other equipment,personal property, and trade fixtures;(c)amounts which Licensee receives and paid to third parties for the repair or damages to fts motor vehicles;(d)amounts which Licensee receives for parking tickets,red light tickets,tolls,and toll violations from its customers to pass through without markup to a third party with no amount being retained by Licensee.However,any amounts collected above the passthrough amount shall be included as Gross Revenue under this Agreement;(e)amounts which Licensee receives and paid to third parties from customers as a carbon offset contribution.These carbon offset contributions must he separately stated on the rental car agreement and voluntary;or(f)any sums collected as Customer Facility Charges (CFO, Gross Revenues to Licensee shall be deemed received at the time the lease or service transaction occurs, giving rise to Licensee's right to collect said monies,regardless of whether said transaction was conducted in person,by telephone,social media,or by mail,whether the transaction was for cash or credit,and if for credit,regardless of whether the Licensee ultimately collects the monies owed for said transaction from the customer involved.Gross Revenues are amounts which Licensee receives or is entitled to receive, either initially or by amendment,whichever is greater. For purposes of Gross Revenue determination,rentals shall be deemed to have been made at the Airport if the customer order is received and processed at the Airport,even though the Motor Vehicle is dropped off by the customer elsewhere. If any fee,charge,or amount designed to cover,in whole or in part,the Airport concession fee set forth in subsection 3.2.4 of this Agreement,is separately stated or if any fees or surcharges are imposed on customers by the Licensee(other than any tax or charges required by law to be collected From customers by or for any governmental entity having jurisdiction) any such amounts shall be included In Gross Revenue. Page 2 of 26 PAGE 4 OF 28 PAGES AGENDA ITEM NO.8.J To determine a rental at a location within the Smile radius is an Airport rental and included in Gross Revenue,Licensee shall require customers to self-disclose on the rental agreement whether they arrived through the Airport within the last 24 hours prior to renting the vehicle. If the customer discloses,they did arrive through the Airport within the last 24 hours,the rental shall be included in Gross Revenues. if the customer discloses,they did not arrive through the Airport within the last 24 hours,the rental shall not be included In Gross Revenues. Any rental that does not include a customer disclosure shall be Included in Gross Revenues, 1.5. "Motor Vehicles" shall consist only of motor vehicles commonly classified as sedans, coupes, convertibles,station wagons,four-wheel drive vehicles,sport utility vehicles,recreational vehicles,and pick-up trucks and vans rated one ton or less.Licensee shall not lease vehicles on or from the Airport other than Motor Vehicles. 1.6."Premises"is a collective term,which refers to the Terminal Premises,Service Center Area,and all parking spaces in the Parking Block allocated to Licensee hereunder. 1.1."Service Center Area"refers to the newly constructed area to be used to wash,fuel,and store vehicles for rent at the Airport 1.8."Terminal"is the Commercial Passenger Terminal Building at the Airport. 1.9. "Terminal Premises" consist of the exclusive use space,counter,and office space, leased to the Licensee,as described in subsection 2.2.1 of this Agreement. 1.10."Transaction"means the rental of one automobile to one customer as evidenced by a Written contract. 1.11."Transact€on Day"means a continuous(24)hour period,or any part thereof,far the calculation of the Customer Facility Charge. However,if the same Automobile is rented to more than one Customer within such continuous twenty-four (24)hour period, then each such rental shall be calculated as a "Transaction Day,"except that a partial day that is a grace period of no more than 2(two)hours after the last 24-hour day booked shall not be considered a Transaction Day. 2.USE OF AIRPORT FACILITIES 2,1.Operational Rights.Subject to the terms and conditions of this Agreement,Licensee is granted the right to conduct and operate a car rental concession at the Airport.and to use the Premises in conjunction with Licensee's car rental concession at the Airport. 2.2.Terminal Building,.Service Center and Adlacent Space.The city grants Licensee use of the following space at the Airport; 2.2.1.Exclusive use of the Terminal Premises consisting of the rental car service counter area and rental car office space identified hereto as Space Number e14A and 14B,consisting of approximately 268 square feet; 2.2.2.Joint use with others in this classification of reads and driveways useful in the conduct, operation,and maintenance of Licensee's concession granted under this Agreement; Page 3 of 26 PAGE 5 OF 28 PAGES AGENDA ITEM NO.8.J 2.2.3.Exclusive use of Parking Block e8 consisting of"ready&return"parking spaces for Licensee's rental cars identified, 2.2.3.1. Licensee parking spaces shall be relocated to the front rental car parking rows with the other rental car Licensees at the commencement of the third(3rd)Contract Year(month 2S post the date of Commencement of Licensee's operations at the Airport). The number of parking spaces shall be determined at that time by Licensee's market share for the past 12 months as a percentage of the same 12-month market share of all Licensee's at that time. 2.24,Parking spaces in the employee lot for Rental Car employees,In c:o rr-cei with other users of this classification in a number and area to be designated by the Airport Administrator. 2.2.5.Licensee shall occupy,jointly with other On Airport Rental Car Companies,the real property located at 4000 Armstrong Drive,encompassing 31,189 square feet includes three individual bays,parking and joint use fueling area,and all associated facilities and landscaping I"Service Center Area") 2.2.6.Lcensee's share of the Service Center Area parking areas shall correspond to the ratio of Licensee's total three-year bid Minimum Annual Guarantee(MAG)to the total of all MAGS accepted by the City.Licensee's share of the Service Centers exclusive use facilities shall include a wash bay and vehicle storage. 2,2.7.Licensee shall use the Service Center Area designated in Section 2.2.6 hereof only for the following activities: (A)Vehicle fueling,washing,cleaning,light maintenance consisting only of fluid topping off,vacuuming,storage,and related activities as are necessary for preparing its vehicles for rental under this Lease and Concession Agreement. (B) Parking of vehicles as provided herein shall riot block another vehicle's ingress and egress through the Service Center Area. (C)Storage of flammable materials shall be done in accordance with the regulations set forth by the Fire Department of the City of Wichita Falls,Wichita County,the State of Texas,and any Federal Agencies. (D)Wash vehicles only in the wash bays designated for that purpose_ (E)Store it's On Airport vehicles in the spaces allotted to Licensee prior to their return to the Ready Car Parking spaces at the Terminal. (F) Lir.er .'L.employees,agents,and invitees must comply with the applicable parking requirements, laws, local statutes, and ordinances as set forth in this Lease and Concession Agreement Page 4 of 26 PAGE 6 OF 28 PAGES AGENDA ITEM NO.8.J 2.2.8.Licensee understands that it will not be allowed to store more than one case(12 cans)of motor oil or lubricants in their leased premises.Licensee will not be allowed to store or bring fuel onto the airport property. 2.2.9. Licensee shall require all employees and agents to park in the designated Airport Employee Parking area at all times. 2.3.Substitute Space. 2.3.1.in the event that proper development or operation of the Airport requires that any part of the Terminal Premises be devoted to a different use,City shall have the right,upon three(3)months advance written notice to Licensee,and without cost or expense to Licensee,to relocate all or a part of the Terminal Premises.Said relocated Terminal Premises shall be comparable location,design and quality and of no less area,and to the extent practicable as conveniently located:(a)with reference to and/or within the Terminal,and)b)relative to the substitute locations of the other on-airport rental car licensee and other classes of Airport tenants.All of Licensee's trade Fixtures shall,without cost or expense to Licensee, be relocated or replaced on said relocated Premises,and this Agreement shall continue in effect to such relocated Terminal Premises. 2.3,2.In the event the City elects to expand or remodel the Terminal,or to reconfigure Airport parking lots, it reserves the right without liability to it whatsoever, to relocate Licensee's ready/return parking spaces and/or vehicle storage area within such reorganized area.Such substitute space,to the extent practicable,will be no less conveniently located relative to the substitute locations of the other On-Airport rental car licensee. 2.4.Right of Ingress and Egress.Licensee shall have at all times the full and free right of ingress to and egress from the Premises for Licensee,its employees,customers,guests,and other Invitees. 2.5.Temporary Storage Spaces.Licensee shall have no right to utilize,for any purpose,other land which may be owned or controlled by the City either on or off the Airport,or paved parking areas an the Airport for the temporary storage of its Motor Vehicles. 2.6,Limitation on Uses. 2.6.1.Licensee's uses of the Airport authorized and granted in this Agreement shall be limited to providing Motor Vehicle rental service using only the Enterprise Rent-A-Car and National Car Rental brand names,at the Airport,and arranging for such services for the public using the Airport,at locations other than City of Wichita Fails,Texas. 2.6.2.Licensee may park Motor Vehicles at the Airport,in areas other than those designated for its exclusive use, only at locations and at times, If any, specified from time to time by the Airport Administrator,Licensee's Motor Vehicles parked in an area other than those designated for Licensee's use shall be promptly moved by the Licensee to an authorized location when so directed by the Airport Administrator.Licensee shall not park or store any vehicles in the ready/return or storage spaces assigned. to It,at the Airport,except Motor Vehicles available for lease hereunder. 2.6.3.The ready&return spaces referenced in subparagraph 2.2.3 above,shall not be used for the fueling of vehicles,exterior washing,major body or frame repair,engine maintenance or overhaul,oil Page 5 of 25 PAGE 7 OF 28 PAGES AGENDA ITEM NO.8.J changing, radiator flushing, or other activities that create an eyesore or danger of environmental pollution. 2.7.Prohibited Activities at Service Center Area. 2.7.1.Licensee shall not permit or allow any vehicles that belong to or are controlled by Licensee or Licensee's employees, suppliers,shippers,customers,or invitees to be loaded or unloaded In areas other than designated by City for that particular activity.No trucks or transport trailers are allowed to be parked at the Service Center Area Premises except for trucks that Licensee rents at the Airport. 2.7.2-Licensee or Licensee's employees shall not store trucks, motorhomes,campers,trailers, nonoperational vehicles,boats,or any vehicle not directly related to Licensee's business activities on the Service Center Area Premises, 2.7.3.Licensee shall not utilize the Service Center Area for storage of damaged vehicles or for vehicle maintenance including but not limited to major body or frame repair, engine maintenance or overhaul,oil changing,radiator flushing,or other activities that are considered vehicle maintenance. Licensee shall not allow its customers or the general public to enter the Service Center Area, 2.7.5 Licensee shall not permit its employees to vacuum,wash,or fuel their personal vehicles at the Service Center Area Premises. 2.7,6. Licensee shall post and distribute sufficient reference to these conditions of use as necessary to provide reasonable notice. 2.7.7.Licensee shall not operate a vehicle sales operation on the Airport Premises without first obtaining the written consent of the City. 2.7,8 Licensee shall not discharge into the sewer system any substances,of whatever nature,that may prove harmful to the sewage system or require any abnormal treatment by the sewage treatment plant.City reserves the right to enter upon the premises to take samples and to examine the discharge into the sewer system.If harmful or clogging substances are being discharged,Licensee hereby agrees to install and operate the treatment facilities necessary for the operation.City reserves the right to make rules regulating the type and character of sewage that will be deposited In the system,such rules to be In conformity with usual practices. 3.OBLIGATIONS OF LICENSEE 3.1.Rentals and Charms.Licensee agrees to pay City rentals and charges for the use of the Premises and services and privileges granted under this Agreement,according to the following schedule: 3.1_1.As space rental for the exclusive use of Terminal Premises identified in Paragraph 2.2.1 above;a rental rate of$550.00 per month for counter and office space use in the Terminal Building. 3.1.2, As space rental for the exclusive use of the ready/return parking spaces allocated to Licensee under paragraph 2.2.3 above,in the sum of$2,340 per month. Page 6 of 2e PAGE 8 OF 28 PAGES AGENDA ITEM NO.8.J 3.1.3,As ground rental for use of the Service Center area which may be allocated to Licensee under paragraph 2.2.5 above. 3.1.4.As Service Center Operations&Maintenance Cost Reimbursement(O&M),The fees will be based on prior year usage to include actual O&M expenses, including utilities,incurred by City for the operation of the Service Center Area premises.At the beginning of each fiscal year(October 1"),the fee will be adjusted to reflect the actual costs incurred fn the operation of the facility in the prior year.Within 30 days of the end of each fiscal year,the City,upon request,shall provide a statement of expenses to each On Airport Rental Car Company that is a party to the Agreement. City will use CFC funds to pay the statement of expenses. 3.1.5.Monthly Service Center Area maintenance expenses will include all costs incurred by the City to operate and maintain the Service Center Area in good, clean, and sanitary condition as it determines in its sole discretion,including but not limited to the cost of utilities. 3.1.6.As an Airport concession fee,the minimum annual guaranteed amounts as agreed upon,or ten percent(10%)of Licensee's Gross Revenue,whichever ls greater.This concession fee is to be paid monthly in accordance with 3.2,4. Add Abatement language: "In the event for any reason the number of passengers deplaning on scheduled airline flights at the Airport during any calendar month shall be less than eighty-five percent (85%)of the number of such deplaning passengers in the same month during the preceding calendar year,the monthly MAG installment payment for such month(s)for purposes of calculating the MAG for that calendar month shall be reduced by the percentage decrease in such deplaning passengers. Concessionaire acknowledges and agrees that Concessionaire shall remain liable for payment of the monthly Percentage Fee payments notwithstanding the Airport's adjustment of its right to receive any portion of the MAG. When the MAG is adjusted or where the Airport can reasonably determine,in its discretion,in advance that an adjustment is likely,the Concessionaire shall be relieved of its obligations to remit monthly MAG installment payments,If any,until the applicable adjusted MAG is determined.Further and far greater clarity,for each calendar month where MAGs are adjusted,the MAG amount for any affected Agreement Year shall be reduced by 1/12th of the annual total." 3.1.7.Any fees and charges agreed to by both the City&Licensee for the additional use of airport facilities and or purchase of goods from City. 3.1.8.If any rental,fee,or charge is not paid within the calendar month of the due date,Licensee shall pay a late charge equal to 7%per month on the unpaid balance,accruing from the date due until paid. 3.2.Terms and Conditions of Payment. 3.2.1.Rentals and O&M fees specified in subsections 3.1.1,3.1.2,3.1.3,3.1.4,and 3.1.5(minimum annual guaranteed monthly amount)shall be paid monthly In advance on or before the first day of each month during the term of this agreement.The space rentals and minimum annual guarantee monthly amount specified in 3.1.1,3.1.2 above shall commence on 2024. Page 7of26 PAGE 9 OF 28 PAGES AGENDA ITEM NO.8.J 3.2.2.The minimum annual guarantee,$5500.00 agreed upon,shall be paid monthly,in advance on or before the first business day of each calendar month,in the amount of one-twelfth(1/12)of the annual rr+inimum for each Operating Year ,20_through ,20_.in addition to the minimum annual guarantee monthly payment,on or before the twentieth(20th)of each calendar month durin thy•'term the Licensee shall submit to the City a detailed statement of revenues and transactions and transaction days for the previous month.The Licensee shall pay the City at the time the report is made,the excess if any,of ten percent(10%)of the Licensee's Gross Revenue for that preceding month over the minimum guarantee fee and all Customer Facility Charges provided for in Section 3.3 generated for that preceding calendar month, 3,2.3.Within ninety(90)days after October 31 of each year during the term hereof,City shall provide a statement of total O&M expenses actually incurred during the previous year to each On-Airport Rental Car Company that is a party to the Agreement City shall fund the total O&M expenses with CFC funds. 3,2.4.Within ninety(90)days after October 31st of each year during the term hereof,Licensee shall furnish City a statement of the Licensee's Gross Revenues for the preceding contract year,certified by a principal or an appropriate corporate officer or his/her authorized designee. At that time an adjustment of payment(if any)will be made by the City,between the monthly concession fee payments made and concession fee payments due in accordance with items 3.1 and 3.2.2 of this Article. 1f the amount of fee payments made during the preceding Operating Year exceeds the total fee payments due for that year,the excess payment shall be credited against fee payments for the next Operating Year, except that any excess payment during the final year will be returned to the Licensee within thirty(30) days of the City's receipt of the statement described above. 3.2.5 City shall have the right at any reasonable time to examine all records maintained by Licensee under this Agreement and to have an audit prepared by an independent Certified Public Accountant,In the event that there is a discrepancy representing an underpayment by Licensee in excess of 3% of Gross Revenues between Licensee's annual statement, required by subsection 3.2.3 of this Agreement,and such independent audit,Licensee shall bear the cost of such audit. 3.2.6 Payments required under this Agreement shall be accompanied by financial and other Information on Licensee's operations at the Airport on such reports or forms as the Airport Administrator may reasonably require. 3.3.Collection of Customer Facility Charge Fees 3.3.1.As of October 15,2016,in accordance with Resolution No.25-2010 as may be amended from time to time,Licensee shall collect a Customer Facility Charge currently set at$5,00 per Transaction Day on behalf of City from each rental car customer. 3.3.2.The fee revenues collected by Licensee shall be held by the Licensee for the use limited exclusively to costs and expenses associated with the design,planning,construction,renovation,repair, and operating and maintenance costs of existing and future rental car facilities and for no other, non. rental car faciitty related purpose.The fees collected by Licensee shall he the amount established for all rental car operations at the Airport.It shall be collected from customers,including customers receiving complimentary or discounted car rentals.The revenue collected shall be remitted by the licensee to the Page 8 of 26 PAGE 10 OF 28 PAGES AGENDA ITEM NO.8.J City on or before the twentieth(20th)day of each month and shall he the revenues collected for the preceding month. 3.4.Gross Revenue Efforts.if Licensee maintains multiple locations for the rental of vehicles in City of Wichita Falls,Texas,it shall, 3.4.1. For purposes of Gross Revenue determination and maximization, use its best efforts to ensure that its customers arriving in City of Wichita Falls by air transportation are rented vehicles at the Airport; 3.4.2.To facilitate audit authorized by subparagraph 3.2.4 of this Agreement,utilize customer invoices for rentals at the Airport which are clearly distinguishable,including but not necessarily limited to separate lettering or numbering systems,from customer invoices for rentals at other City of Wichita Falls locations;and 3.5.Maintenance of Premises. 3.5.1.During the term of this Agreement,Licensee shall maintain and keep the Terminal Premises in good repair and clean condition in accordance with applicable laws,rules,and regulations,and in accordance with flrst•cfass maintenance practices. 3.5.2. Licensee shall ensure that trash generated by its operations is immediately placed in covered containers,that no fugitive trash is generated,that the Premises are policed For trash on a daily basis,and that trash and ether wastes are disposed of lawfully,and promptly.Licensee shall not store hazardous wastes on the Premises except in strict compliance with Federal,State,and local laws and regulations. 3.5.3.City shall maintain the facility,including all fixtures Installed by the City,and the landscaping, the Licensee's proportionate share of the cost of such maintenance and landscaping will be borne by Licensee as part of the annual Operation and Maintenance (O&M) fees described in Article 3, "OBLIGATIONS OF LICENSEE"of this Agreement." 3.5.3.1 Licensee,along with other Licensees,shall be responsible for the maintenance of all shared personal property in the Service Center Area.Licensee in cooperation with other On Airport Rental Car Companies shall perform or cause to be performed,the regular removal and disposal of waste oil and maintenance of the oil system. 3.5.3.2 Licensee shall be responsible for cleaning and janitorial of the exclusive use areas utilized by the Licensee including bays. 3.5,3.3 Licensee agrees to keep the outdoor portions of the Service Center Area dear and free of all litter,garbage,debris,and refuse,and to keep such premises and area In an orderly and sanitary condition at all times.Licensee shall be responsible for the removal of litter,garbage,and refuse from the portion of the Service Center Area utilized by Licensee. Bins and containers of a type and location approved by the Airport Administrator may be maintained for the temporary storage of garbage or refuse. 3.5.3.4 In the event Licensee fails,and after five(5)business days'notices in writing from the City continues to fail to provide the cleanliness required in Section 3.5.3.1,3.5.3.2 or 3.5.3.3 of this Page 9 of 26 PAGE 11 OF 28 PAGES AGENDA ITEM NO.8.J Article 3.5.3 the City may,without thereby waiving or otherwise excluding or limiting any other remedy of the City for such failure to perform as agreed,cause the clean-up,as is appropriate,to be carried out by private personnel or City's personnel for the account of Licensee." 3.5.4 Stormwater Pollution Prevention. 3,5.4.1 The City complies with the Texas Pollutant Discharge Elimination System and Municipal Separate Storm Sewer System for facilities that discharge stormwater associated with industrial activities and discharges with an MS4 issued by the Texas Commission on Environmental Quality ITCEQ) under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code.The permit is implemented through a Storm Water Pollution Prevention Plan(SWPPP)and a Storm Water Management Plan ISWMP), These plans identify specific best management practices the Airport and tenants must employ to prevent stormwater pollution. 3.5.4.2 The Licensee shall not engage In arty activity that results in a permit or requirement being exceeded for specific pollutants based on the amount of leased building space.The CITY may require reduction or elimination of activities as needed to meet permit requirements, as Identified by the CITY and at no additional compensation. As a matter of best management practice the: A. Licensee shall reduce non-stormwater discharges to the maximum extent practicable by: Inspecting vehicles and any equipment, stored on the Premises,for leaks frequently-repair leaks promptly; 8. Cleaning up and properly disposing of spills - notifying the Airport Administrator immediately of any spills of hazardous materials;and C. Educating employees in the reduction of stormwater pollution by sound environmental practices as required by Section 3.5.4. 3.5.4.3.Licensee shall be responsible For fines assessed against the City by TCEQ as a result of negligent activities by the Licensee or its employees.The following practices are prohibited on the Premises: A. Hosing down any exterior area where wash water will discharge to a storm drain or conveyance ditch;and B, Washing,waxing,cleaning,or repairing vehicles on the Premises In areas other than the wash bays and service areas designated for such activities. C. Storm Water Pollution Prevention Plan. Licensee in conjunction with other Licensees shall abide by the City's Stormwater Pollution Prevention Plan(SWPPP)and Storm Water Management Plan(SWMP). 3_6._Liability and Hazard insurance, 3.6.1. Licensee shall secure and maintain for the term of Its contractual relationship with City such insurance policies,from companies licensed in the State of Texas,as will protect itself,City of Wichita Falls Page 10 of 26 PAGE 12 OF 28 PAGES AGENDA ITEM NO.8.J (with City of Wichita Falls named as additional insured to the extent permitted by law),and others as specified,from claims for bodily injuries,death,personal injury or property damage,which may arise out of or result from the Licensee's intentional or negligent acts,errors or omissions.The following insurance coverage,at or above the limits indicated and including such endorsements as are indicated by an"X" below are required: Statutory Workmen's Compensation Texas Statutory Minimums Commercial General Liability Policy Limits:Bodily Injury/Property Damage Combined Single Limit of$3,000,000;Endorsements: x Commercial Forms x Premises/Operations Products/Completed Operations Broad Form Blanket Contractual(Hold Harmless Coverage) Commercial Motor Vehicle Liability Insurance Policy Limits: Bodily Injury/Property Damage Combined Single Limit of$3,000,000 covering any auto. 3.6.2 To provide evidence of the required insurance coverages,copies of Certificates of insurance shall be filed with City.Failure to file or maintain acceptable Certificates of Insurance with City is agreed to be a material breach of any contract and grounds for termination.The Certificates of insurance shall contain a provision that coverage afforded under the policies shall provide at least thirty(30)calendar days prior written notice to City (through the Airport Administrator) of a material change or cancellation. For purposes of this provision,"materially altered"shall mean a change to policy limits as set out in the then current policy declarations page. 3.6,3 In addition,required Certificates of Insurance shall contain the following clauses: 3.6.3.1.The clause"other insurance provisions'in a policy in which City of Wichita galls is named as an insured,shall not apply to the City of Wichita Falls. 3.6.3.2.The insurance companies issuing the policy or policies shall have no recourse against the City of Wichita Falls for payment of any premiums or for assessments under any form of policy. 3.6.3.3.Any and all deductibles in the above•described insurance policies shall be assumed by and be for the amount of,and at the sole risk of the Licensee. 3.6.3,4. Location of operations shall be; "all operations and locations on the Wichita Falls Municipal Airport conducted by or occupied by Licensee. 3.6.3.5.If at any time during the term of this Agreement,the Licensee shall fail to obtain and maintain insurance required in subparagraphs 3.6.1 above,City may,but Is not required to,effect such insurance by taking out policies in companies satisfactory to City. The amount of the premium or premiums paid far such Insurance by City shall be immediately payable by Licensee to City upon receipt of notice that such premiums have,in fact,been paid. Page 11 of 26 PAGE 13 OF 28 PAGES AGENDA ITEM NO.8.J 3.6.3.6.Licensee may insure in such amounts as it deems appropriate with respect to any other risk,including risk to personal property or trade fixtures located on the Premises. 3.7.Indemnification of City. Licensee(including, by definition here,the Licensee's employees,officers, agents,representatives,contractors and invitees)shall release,discharge,indemnify and hold harmless the City,and City's other officials,employees,agents and representatives(the"Indemnitees")from and against liability for any claim,demand,loss,damages,penalty,judgment,expenses,costs(including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for arty bodily injury,death,personal injury or property damage arising out of or in connection with any act,error or omission by the Licensee,or for any resulting liability alleged to accrue against the indemnitees or any of them on account of the Licensee's acts,errors or omissions;provided,however,that such indemnity shall not be construed as an indemnity for bodily Injury or property damage arising from the willful or reckless acts of City or its employees. 3.8.Licensee's Other Obligations.Licensee hereby covenants and agrees,that with respect to operations authorized under this Agreement: 3.8.1.it will furnish rod,prompt,and efficient service,adequate to meet all reasonable demands for car rental service attbe Airport,on a Fair and reasonable basis,and consistent with first-class national rental car operators,and shall contain all necessary safety equipment; 3.8.2.Rental automobiles shall be maintained at Licensee's sole expense,in good operative order, free from known mechanical defects,and in clean,neat,and attractive condition,inside and outside; 3.8.3.Licensee shall remain open for business at the Airport for such periods during each day and such days during each week as may be necessary to meet reasonable demands For services.Licensee understands the city desires Licensee to be open 1/2 hour prior to the first airline arrival daily until 1/2 hour after the last Airline arrival; 3.8.4.Personnel performing services shall be neat,clean,and courteous;Licensee shall not permit its agents,servants,or employees so engaged,to conduct business in a loud,noisy,boisterous,offensive, or objectionable manner, or to solicit business outside the Premises in any manner whatsoever except through the use of authorized signs; 3.8.5.It shall abide by and be subject to all rules and regulations which are now,or may from time to time be,promulgated by City concerning management,operation,or use of the Airport,including all airport badging and customer service training requirements of the City; 3.8.6.It will keep or cause to be kept true,accurate,and complete records of business conducted at the Airport and at all other of Licensee's locations within City of Wichita Falls; it will meet all expenses in connection with the use of the Premises and the rights and privileges herein granted,including without limitation taxes,permit fees,license fees,and assessments lawfully levied or assessed upon the Premises or structures and improvements situated thereon,and that it will secure all such permits and licenses; 3.8.7.It will furnish,install,operate,and maintain the Premises and the furniture,fixtures,and equipment installed therein and thereon, all in good order, condition, and repair, and upon the Page 12 of 26 PAGE 14 OF 28 PAGES AGENDA ITEM NO.8.J termination of this Agreement will deliver up the Premises to City in good order,condition,and repair, reasonable wear and tear excepted; 3.8.8.it shall attempt in good faith to meet the reasonable needs of the operator at the Airport and its customers for the provision of rental Motor Vehicles; 3.8,9.It shall comply with the rules and practices as set forth in the current Airport Security Plan as amended from time to time,and any fines assessed by the federal government or any governmental agency having jurisdiction, as a result of the Licensee's failure to comply with the provisions of this paragraph or other intentional or negligent acts or omissions of Licensee's employees or agents will be paid promptly to City by Licensee;and 3.8.10.it shall conduct,direct,and supervise in a prompt,safe,and efficient manner all traffic on Licensed Premises,including motor vehicle traffic and pedestrian traffic,in connection with its operations and shall promptly remove to designated parking areas vehicles dropped off by customers at the terminal building parking areas or roadways; 3.8.11 It will vacate all vehicles returned by the customer to the designated return parking spaces within thirty(30)minutes of return; 3.8.12,it will,in the Terminal Building,Install all counter Inserts in the public counter area and office space, all necessary furnishings, fixtures, trade fixtures, equipment, and signage necessary to operate a first-class concession.All plans and specifications,materials,and color selections are subject to review and approval by the Airport Administrator.it will also provide the necessary signage for the return parking spaces to be mounted by the city. 3.9.New Government Regulation.In the event City is required to make additional direct expenditures in connection with the implementation of any future federal regulation imposed upon City as a result of Licensee's operation during the term of this Agreement,City may call a conference for the purpose of discussing and determining methods of compliance and recovery from Licensee and other affected lessees of cost so incurred,and Licensee agrees to attend and negotiate in good faith regarding its participation in recovery of such costs. 3.10.Performance Bond.With the execution of this Agreement,and to secure its performance hereunder, Licensee shall provide a Performance Bond, Letter of Credit, or other form of third-party security acceptable to City in the sum of$47,340.00 which represents six(6)month's rent,and fees as Identified in 3.1.1-3.1.7.Any surety must be qualified to do business in Texas and hold an AM Best rating of"A"plus or higher,or otherwise be acceptable to the City,and any Bank Issuing a Letter of Credit shall have and maintain a main or branch office in Texas_ 3.11.Costs of Operation.Licensee shall pay all costs of its operation other than those expressly set forth herein, 3.12. Obligations of Licensee. Licensee shall make no alterations, additions,or improvements to said Service Center Area, without the prior written consent of the Airport Administrator, Any alterations, additions,or improvements shall be at the sole cost and expense of Licensee. Page 13 of 28 PAGE 15 OF 28 PAGES AGENDA ITEM NO.8.J 3.12.1 Ownership. All alterations, additions, or improvements to the Service Center Area made by Licensee shall be the property of Licensee, but considered part of the Service Center Area. Unless otherwise instructed by City,all alterations,additions,or improvements other than Licensee's removable trade fixtures shall,at the expiration or termination of this Agreement,become the property of City and shall be surrendered by Licensee- 3.12.2 Removal,By delivery to Licensee of written notice not later than thirty(30)days prior to the end of the term of this Agreement, City may require Licensee to remove any alterations, additions, or improvements that Licensee has made to the Service Center Area by the expiration or termination of this Agreement.City may require the removal at any time of all or any part of any alterations, additions,or improvements made to the Service Center Area by Licensee without the required consent. 3.12.3 Personal Property. Ail furniture, furnishings, articles of moveable personal property, and equipment installed in or on the Service Center Area by or for the account of Licensee that can be removed without structural or other material damage to the Service Center Area(all of which are herein called "Licensee's Personal Property")shall be and remain the property of Licensee and may be removed by Licensee, 3.124 surrender,licensee shall surrender the Service Center Area with all improvements, parts, and surfaces broom clean,free of debris,and in good operating order,condition,and repair,ordinary wear and tear excepted.Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice. Licensee shall repair any damage occasioned by Licensee's installation, maintenance, or removal of any alterations, additions, improvements, or equipment on the premises. Removable trade fixtures shall remain the property of Licensee and shall be removed by Licensee." 4.ORUGATIORI5 OF CITY 4.1. Quiet Enloyment. City covenants that on paying the rent and performing the covenants herein contained,Licensee shall peacefully and quietly have,hold,and enjoy the rights granted herein for the agreed term. 4.2.Maintenance.During the term of this Agreement,City shall maintain and keep in good repair and condition the Airport,and so much of the Terminal,Service Center Premises,and Fueling Facilities as are not under the exclusive control of individual lessees, in accordance with applicable laws, rules and regulations. 4.3. Utilities.City shall, at no additional cast to Licensee,provide common heat, water,normal trash removal,lighting,and ventilation in connettlon with the Licensee's rental car service counter and office, All other services and charges,including telephones and custodial service,shall be provided by Licensee at its own cost. Licensee shall permit no liens or claims against the Premises arising from unpaid or disputed utility bills.If,during the term of this Agreement,the Airport is required to increase its water, sewer,gas,or electric service and such increase requires a capital contribution from City,Licensee,if it consumes any part of the increased utility,agrees to pay its pro-rated amortized portion of said capital contribution which amount will be set by agreement or binding arbitration. 5.TERM Page 14 of 26 PAGE 16 OF 28 PAGES AGENDA ITEM NO.8.J 5.1.Term.Subject to earlier termination as hereinafter provided,the term of this Agreement shall be two(2)years commencing on .2024,and ending 2026. Term shall be automatically renewed for three(3)additional one-year automatic renewal periods unless Licensee submits written notice to the Airport of Licensee's intent to terminate at least 90 days prior to the expiration of the term or any extension period thereof. 5.1.1 New Agreement; Licensee acknowledges that City,during the term,intends to enter into a new Airport Facilities Lease and Concession Agreement with all on-airport rental car Licensees either through an RFP or through negotiated new agreement term discussions at City's sole discretion. Licensee shall be included in those discussions with all Licensees and City and shall have the right to enter into a new Airport Facilities Lease and Concession Agreement at that time. At that commencement of arty New Airport Facilities Lease and Concession Agreement between City and Licensee, this Agreement shall terminate. 5.2,ip(dirie Over,Holding over or failure to vacate the Premises at the end of the term shall not be construed to be the granting or exercise of an additional term,but shall create only a month-to-month tenancy,under the payment and other terms of this Agreement,which may be terminated by either party upon 30days'notice to the other. 6.TERMINATION,SURRENDER AND DAMAGES 6.1.Termination by Licensee.Licensee shall have the right,upon written notice to City,to terminate the Agreement upon the happening of one or more of the following events if said event or events shall then be continuing: 6.1.1.The Issuance by any court of competent Jurisdiction of any injunction,order,or decree preventing or restraining the use by Licensee of at or any substantial part of the Premises,or preventing or restraining the use of the Airport for normal airport purposes or the use of any essential part thereof which may be used by Licensee and which is necessary for Licensee's operations on the Airport,which remains in force for at least thirty(30)days; 6.1.2. If City shall default in fulfilling any of the material terms,covenants or conditions to be fulfilled by it under this Agreement,and Shall fail to cure said default within thirty(30)days following receipt of written demand from Licensee to do so,or if such cure cannot reasonably be completed within thirty(30)days if City fails to promptly undertake and diligently prosecute such cure; 6.1.3.If all ora material and essential part of the Airport or Airport facilities shall be destroyed by fire,explosion,earthquake,another casualty,or acts of God or the public enemy; 6.1.4. If the United States Government or any of its agencies shall occupy the Airport or any Substantial part thereof to such an extent as to interfere materially with Licensee's operation for a period of sixty(60)consecutive days or more; 6.1.5. In the event all commercial airline service to the Airport is terminated, licensee may terminate this Agreement upon thirty(30)days'notice to City,provided that such termination continues through said notice period. Page 15 of 26 PAGE 17 OF 28 PAGES AGENDA ITEM NO.8.J 6.2.Termination beaty.The following shall constitute defaults by the Licensee: 6.2.1 Failure by Licensee to make any payment due hereunder within 15 days after notice of the overdue payment is sent to Licensee,in which case,City may,at its option,in addition to other remedies, and with or without terminating this Agreement, take possession of so much of Licensee's personal property(excluding"Motor Vehicles"as defined)as is reasonably necessary to secure payments of the amounts due and unpaid; 6.2.2 The appointment of a trustee or receiver for,or the attachment,levy,execution,or other judicial seizure of any portion of the Premises which is not released,expunged;discharged,or dismissed prior to the earlier of,(a)thirty(30)days after such attachment,levy,execution or seizure;or(b)the sale of the assets affected thereby; 6.2.3 Failure by Licensee to conduct business at the Airport for a period of five (5)cumulative days during any one calendar month without reasonable cause including,but riot limited to strikes,work stoppage,and equipment failures; 6.2.4 Default in the performance of any covenant or agreement In This Agreement required to be performed by Licensee,other than the payment of money or the occurrence of the events described in this paragraph,and the failure of Licensee to remedy such default for a period of thirty(30)days after receipt from City of written notice to remedy the same. 6.2.5. Failure by the Licensee to make Gross Revenue efforts required by section 3.4 of this Agreement; 6.2.6.Licensee's filing of a petition for relief under any present or future federal or state law regarding bankruptcy,reorganization,or other relief to debtors,or Licensee's insolvency or inability to pay its debts as they mature,or Licensees making a general assignment for the benefit of Its creditors,or Licensee's applying for a receiver,trustee,custodian or liquidation for Licensee or any of its property,or the filing by or against Licensee of a petition or the commencement of any other procedure to liquidate or dissolve Licensee; 6.2.7,Licensee's failure to effect a full dismissal of any involuntary bankruptcy petition that is filed against Licensee or that in any way restrains or limits Licensee or the City regarding this Agreement or the Premises prior to the earlier of:(a)the entry of any order granting relief sought in the involuntary petition; or(b)ninety(90)days after the date of filing of the petition,or Licensee's filing of any pleading in any such involuntary proceeding which admits the Jurisdiction of the court or the petitioner's material allegations regarding Licensee's insolvency; 6.2.8.The failure of Licensee to comply with: (a) Department of Transportation Regulations concerning Non-Discrimination(Title 49 C.F.R.Parts 21,and 27),(b)Title VI of the Civil Rights Act of 1964, or(c)the Americans with Disabilities Act as they now exist or may hereafter be amended. 6.2.9.The filing of suit by Licensee against City. Page 16 of 26 PAGE 18 OF 28 PAGES AGENDA ITEM NO.8.J City may,but need not terminate this Agreement upon any such default,but at its discretion and without terminating this Agreement, may seek any and all other available relief,including but not limited to specific performance or an award of damages incurred as a result of Licensee's default. 6.3,Surreeder of Possession. 6.3.1.On the expiration or other termination of this Agreement,Licensee's rights to use the Premises,facilities, and services described herein shall cease, and Licensee shall vacate the Premises leaving them in good condition and repair,ordinary wear and rear excepted, 6.31.Except as otherwise provided In this Agreement,all fixtures,improvements,equipment, and other property bought,installed,erected,or placed by Licensee in,on,or about the Airport,shall be deemed to be personal and shall remain the property of Licensee.Licensee shall have the right at any time during the term of this Agreement,or any renewal or extension hereof,and for an additional period of 10 days after the expiration or other termination of this Agreement,to remove any or ail of such property from the Airport,subject,however,to Licensee's obligation to repair all damage,if any,resulting from such removal.Any and all property(excluding"Motor Vehicles'as defined)not so removed by Licensee shall become a part of the land on which it is located and title thereto shall vest in the City.City may, however,at its option,require and accomplish the removal of said property at the expense of Licensee. 6.4.Damage or Destruction of Premises. 6.4.1. If the Terminal is partially damaged by fire, the elements, the public enemy, or other casualty, and the damage is so extensive as to render the Premises untenantable,but said damage is capable of being repaired in 60 days or prior to the termination date,whichever date first occurs,the Premises shall be repaired with due diligence by City et its own cost and expense,and the rent payable under subsection 3.1.1 of this Agreement shall be proportionately paid up to the time of such damage and shall thenceforth abate in the ratio the space rendered unusable bears to the total space leased until such time as the Terminal shall be fully restored.If the Terminal is completely destroyed or the Premises are so damaged that it will remain untenantable for more than 60 days or beyond the termination date of this Agreement,whichever date first occurs,either party may,at its option,cancel so much of this Agreement as relates to the untenantable space,such cancellation to be effective as of the date the Terminal was damaged or destroyed. 6.4.2.In the event that the Premises are rendered untenantable for reasons beyond Licensee's control and other than those set forth above,there shall be a reasonable and proportionate abatement of the rentals,fees,and charges provided for in this Agreement during the period that the same are so untenantable or unusable. 6.4.3.Notwithstanding any of the foregoing,in the event any damage or destruction is caused by a negligent or Intentional act or omission by Licensee, its subleases, agents, invitees, or employees, Licensee shall reimburse City for its actual costs incurred in repairing the Premises. Nothing in this Agreement shall be construed as a waiver of or limitation on the right of City to recover damages from Licensee arising out of the fault or negligence of Licensee. 6.4.4. In the application of this Section 6.4, City's obligations shall be limited to repair or reconstruction of the Terminal to the extent and of equal quality as obtained at the commencement of operations under this Agreement.Redecoration or replacement of Licensee's furniture,equipment,and Page 17of26 PAGE 19 OF 28 PAGES AGENDA ITEM NO.8.J supplies shall be the responsibility of Licensee,unless damage thereto is caused solely by a negligent act or omission of City,its agents,and employees,in which event City shall be responsible for the redecoration and replacement.Any such redecoration or refurnishing shall be of equivalent quality to that originally existing at the commencement of the Agreement. 7.ASSIGNMENT AND SUMMING 7.1. Assignment and Subletting, Licensee shall not at any time assign or sublet its rights under this Agreement or any part thereof without the written consent of City;provided,however,that the foregoing shall not prevent the assignment of such rights to any corporation with which Licensee may merge or consolidate,or which may succeed to the business of Licensee,No such assignment or subletting shall release licensee from its obligations to pay any and all of the rentals and charges and to otherwise perform Licensee's obligations under this Agreement. In any event, City may require any proposed assignee to submit qualifying information and meet the qualifying criteria set forth in the Request for Proposals and Contract Documents far Non-Exclusive Car Rental Concession, RFP 1rt11-14 Restated, including using no more than the number of brands identified. 7.2.Successors to City.The rights and obligations of City under this Agreement may be assigned by City, at the option of City, and without the necessity for the concurrence of the Licensee in any such assignment. 8.OTHER AGREEMENTS 8.1,Comoiiance with Applicable Laws.in connection with its use of the Premises and the conduct of its operation at the Airport,the Licensee shall comply with all applicable laws,rules,and regulations of the City,the State of Texas,and the United States of America and any and all departments and agencies thereof,as the same may now exist or may hereafter be promulgated or amended from time to time. 8.2.Lease Agreement with Department of Defense.The City operates the Wichita Falls Municipal Airport under a Lease agreement with the Department of the Air Force,lease USAF/AETC-SHE-1-49-003 effective May 15,2009.As per that Lease,a copy of the lease is a required attachment to any subleases executed by the City.Specifically,the Licensee is required to make note of and comply with Sections 21.1.3,Section 11,and Section 25. 8.3.Agreement Subordinate,This Agreement shall be subordinate to any existing or future agreement between City and the United States relative to the operation or maintenance of the Airport(including the Lease Agreement with the Department of Defense described in Section 8.2),the execution of which has been or may be required as a condition to the expenditure of federal funds for development of the Airport. If,by reason of any such agreement with the United states as aforesaid,it becomes necessary to modify, relocate,or remove any improvements situated on the Premises or the Premises themselves,the Licensee agrees to modify,relocate,or remove from the Premises or any such improvements as directed by City. 8.4.Nan-Discrimination.The licensee,in its operations at and use of the Airport,shall not,on the grounds of race,color,national origin,or sex,discriminate or permit discrimination against any person or group of persons in any manner prohibited by applicable law,shall abide by the provisions of the nondiscrimination provision contained In the Agreement, and shall abide by the provisions of Part 21 of the Rules and Regulations of the Office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964. Page 18 of 26 PAGE 20 OF 28 PAGES AGENDA ITEM NO.8.J B.S.Inspection by City.City,through its authorized agent,shall have the right at all reasonable times to enter upon the Premises to inspect,to observe the performance by licensee of its obligations hereunder, prevent waste or loss,respond to emergencies,and to do any act which City may be obligated to do or have the right to do under this Agreement,under any other agreement to which City is a party or under applicable law. 8.6. improvements on the Premises. Construction plans, specifications, budgets, and schedules for all proposed improvements on the Premises shall be submitted by Licensee and subject to City's approval. City may reject submissions that are not in accordance with applicable codes, rules, regulations, ordinances, and statutes, and which are inadequate or incompatible with Airport conditions or inconsistent with Airport architectural style and design or with uses typically made of public use airports. 8.7.A,MBE Polio&Obi gation.. 6.7.1. It is the policy of City and the FAA that airport concession disadvantaged business. enterprises f"ACOBEs"),including firms owned and controlled by minorities and/or women as defined in 49 C.F.R.Part 23,shall have maximum opportunity to participate in any activity,service or facility at the Airport under agreement,lease,contract with or franchise from the City. Licensee agrees to make good faith efforts to ensure that business concerns owned and controlled by socially and economically disadvantaged individuals as defined in U.S. Department of Transportation regulations,49 CFR Part 23 and 26,as amended,participate in ai least OK of the activity,service or facility provided by Licensee during the entire term of this agreement or annually provide documentation demonstrating that it has made good faith efforts in attempting to do so. 8.7.2. In the performance of this Agreement, Licensee hereby assures that no person shall be excluded from participation, denied benefits, or otherwise discriminated against by Licensee in connection with the award and performance of any contract,including leases,covered by 49 C.F.R.Part 23 on the grounds of race,color,national Origin or sex. 8.7.3,licensee assures that it will include this section 8.7 in all subleases and cause all subleases to similarly Include clauses in further subleases. 8.7.4.Licensee agrees that it shall comply with federal laws and regulations which now,or may hereafter,impose upon Licensee,or require City to impose upon Licensee,requirements that a portion of Licensee's subcontracts and/or purchase contracts be awarded to DBE enterprises, including, but not limited to,the purchase of rental car fleets.Licensee shall comply with applicable provisions of City's FAA- approved DBE Concession Plan as it now exists, or as it may hereafter be amended including but not limited to the current annual reporting requirements. 8.8.Condemnation.Nothing contained in this Agreement shall be deemed to limit or restrict in any way such lawful rights as licensee may have now or in the future to maintain claims against the federal,state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority,or other public or private body exercising governmental powers,for damages or compensation by reason of the taking or occupation,by condemnation or otherwise,of all or a substantial part of the Premises,or of all or a material part of the Airport. Page 19 of 26 PAGE 21 OF 28 PAGES AGENDA ITEM NO.8.J 0.9.Liens,Licensee shall within thirty(301 days cause to he removed any and all liens of any nature arising out of or imposed because of any repair performed by licensee or any of its contractors or subcontractors upon the Premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use on the Premises. 3.10. Force Majeure. Neither City nor Licensee shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reason of strikes,boycotts,labor disputes, embargoes,shortage of material,or fuel as the result of governmental decree,acts of God,acts of the public enemy,acts of superior governmental authority,weather condition,riots,rebellion,sabotage or any other circumstances for which it is not responsible or which is not under its control. Bit Grievance Procedure,The parties both recognize that It is in the public interest and to their mutual benefit that a satisfactory range of rental car operation services be made available to the public in a prompt,efficient,and courteous manner.To that end,Licensee and City shall meet together from time to time,upon request of City,for the purpose of addressing any complaints that may have been received by City and reviewing In general the services being furnished by Licensee from the Premises.licensee agrees to promptly undertake such action as may be reasonable and appropriate to remedy the situation giving rise to any such complaints and/or any operational deficiencies noted by City.Failure to provide minimum required service and hours of operation shall he considered as a breach of the contract terms. 8.12.Reserved Rights of City.City reserves the following rights with respect to the Airport,the Premises, and the uses and operations to be conducted thereon by Licensee: 8.12.1.to unimpeded access over and across the surface of the Premises,provided that City shall not,in the exercise of this reserved right,unreasonably interfere with Licensee's use of the Premises; 8.12.2.to protect the aerial approaches of the Airport against obstruction,Including the right to prohibit Licensee From erecting,or permitting to be erected,any building or other structure on the Premises which would,in the judgment of City limit the usefulness of the Airport or constitute a hazard to air navigation; 8.12.3.to direct all activities of the Licensee at the Airport,as is reasonably necessary to respond to any emergency which threatens life or property; 8.12.4.to direct Licensee and its employees In the event Licensee's operations are unreasonably interfering with the use by others of the Airport,including but not necessarily limited to,restricting the use of public areas of the Terminal or blocking public access to curbs, sidewalks, parking areas, and roadways; 8.12.5_to prohibit any commercial or non-commercial activity not expressly permitted herein;and 8.12.8. to establish reasonable rules and regulations for the conduct of activities and uses permitted herein and also to promulgate minimum standards for the conduct of commercial activities related hereto. 8.12.7.to enter into other Airport Facilities Lease and Rental Car Concession Agreements,with other on-Airport rental car Licensees,shall be permitted to operate on and from the Airpolt,and to the. Page 20 of 26 PAGE 22 OF 28 PAGES AGENDA ITEM NO.8.J maximum extent practical the terms of any other such on-Airport Lease and Concession Agreement shall be no more favorable to licensees than those contained herein.City reserves the right to replace,through proposal procedure,or through negotiation,a vehicle rental Licensee, if this Agreement is terminated Prior to the end of the term,upon the same terms and conditions as exist in this agreement,including the same termination date. 8.13.Licensee's Abatement Rights.In the event that one of the following conditions exists during the term hereof,the minimum annual guarantee as provided for in Section 3.2.2 shall be abated far the number of months the condition continues to existn 8.13.1.if for any reason,the number of passengers deplaning on scheduled airiir�e flights at the Airport during any consecutive three calendar-month period where each month there is less than eighty percent (80%) of such deplaning passengers in the same three calendar month period during the preceding calendar year,or in the year immediately preceding the first full year of this Agreement.The city will provide monthly enplanement and deplaning figures to Licensee, 8.13.2.During a period of abatement provided in subparagraphs A and B of this Section,Licensee will continue to pay City a fee in the amount often percent(10%)of Licensee's gross receipts during that period and City will return to Licensee a just proportion of any minimum annual guarantee payment which may have been prepaid. 8.13.3.In the event the premises are damaged rendering them uninhabitable or destroyed due to fire or other casualty,the minimum guarantee shall be abated until the premises have been repaired and made operational or the office and counter has been relocated. 9.MISCELLANEOUS PROVISIONS 9.1.Headines.The section headings contained in this Agreement are for convenience in reference and are not intended to define or limit the scope of any provision. 9.2.lime of Essence.Time is of the essence in this Agreement. 9,3.Attorneys'Fees.If any action at law or in equity is necessary to enforce this Agreement,each party agrees to pay its own attorney's fees and will not seek to recover its attorney's fees from the other party. Licensee understands that pursuant to TEXAS LOCAL GOVERNMENT CODE §271.153(a)(3), the total amount of money awarded in an adjudication brought against a governmental entity for breach of contract includes reasonable and necessary attorney's fees that are equitable and Just.Licensee expressly waives its statutory rights to recover attorney's fees as outlined in 1271.153(a0(3). 9.4. Non-Waiver. Waiver by either party of or the failure of either party to insist upon the strict performance of any provision of this Agreement shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 9.5.Limitation of Benefit.This Agreement does not create in or bestow upon any other person or entity not a party to this Agreement any right,privilege,or benefit unless expressly provided in this Agreement. This Agreement does not in any way represent,nor should it be deemed to imply,any standard of conduct to which the parties expect to conform their operations in relation to any person or entity,not a party. Page 21 of 26 PAGE 23 OF 28 PAGES AGENDA ITEM NO.8.J 9.6.Severability.Any covenant,condition,or provision herein contained that Is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement,but such deletion shall in no way affect any other covenant,condition,or provision herein contained so long as such deletion does not materially prejudice City or Licensee in their rights and obligations contained in valid covenants, conditions or provisions. 9.7.Effect of Agreement.All covenants,conditions,and provisions in this Agreement shall extend to and bind the successors of the parties hereto,the assigns of City,and to the permitted assigns of Licensee. 9.8.Notices.Any notice given pursuant to this Agreement other than which is specifically permitted to be given in some other fashion shall be in writing and shall be delivered,by overnight courier or by registered or certified mail,postage prepaid,return receipt requested and addressed as follows: if to City. Airport Administrator Wichita Falls Regional Airport(SPS) 4000 Armstrong Drive,Suite 8 Wichita Falls,Texas 76305 Telephone Number:(9401855.36Z3 With a copy to: City of Wichita Falls,Texas Director of Aviation,Traffic and Transportation 2100 Seymour Highway Wichita Fails,Texas 76301 Telephone Number:(940)761-7640 If to Licensee: FAN Holdings,LLC d/b/a Enterprise Rent-A-Car and National Car Rental 433 East Memorial Road Oklahoma City,OK 73114 Attn:Douglas Coughlan,Vice i ceyidant and General Manager Telephone Number!(403)330.9191 Notice shall be deemed given when delivered two days after the date Indicated on the postmark if sent by U.S.Mail.Either party may change its address to which notices shall be delivered or mailed by Riving notice of such change as provided above. 9.9.Governing law and Venue,This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without reference to choice of laws and rules.The parties hereby agree that the venue and jurisdiction for all actions taken with respect to this Agreement shall be in Wichita County,Texas. 9_1O Entire Agreement. This Agreement embodies the entire agreement between the parties hereto concerning the subject matter hereof and supersedes all prior conversations, proposals,negotiations, understandings,and agreements,whether written or oral. Page 22 of 26 PAGE 24 OF 28 PAGES AGENDA ITEM NO.8.J 9.11. Non-Liability of Citv's Agents and Employees. No official, agent, or employee of City shall be personally liable to Licensee in the event of any default or breach hereunder by City. 9.12.Modlfi,aiion of Agreement.This Agreement may not be altered,modified,or changed in any manner whatsoever except by a written Agreement sighed by both parties. 9.13.Relationship of Parties.It is the intent and purpose of the parties that they shall have the relationship of Licensor and/or Landlord,and licensee and/or Tenant hereunder,and nothing contained herein shall be deemed or construed to constitute the parties as partners or joint ventures,and in no event shall City be liable for any loss which may result from the operations of Licensee upon the Premises or for any indebtedness incurred by Licensee as Tenant and/or Licensee in the operation of its business on the Premises. 9.14 Counterparts; Facsimile Email.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same Instrument. For purposes of this agreement,any signature transmitted by facsimile or email gin PDF or comparable format)shall be considered to have the same legal and binding effect as an original signature. No party hereto shall raise the use of a facsimile machine, electronic mail,or comparable electronic transmission to deliver a signature or the fact that any signature was transmitted or communicated through the use of a facsimile machine, electronic mall, or comparable electronic transmission as a defense to the Formation or enforceability of a contract and each such party forever waives any such defense. IN WITNESS WHEREOF,the parties have caused this agreement to be executed as otthe day and year first above written. City of Wichita Falls EAN Holdings,LLC d/b/a Enterprise Rent-A-Car a Na Tonal Car nt 03rrori 1.Leiker Doug as Coughlan City Manager Vice President Attest' City Clerk Approved as to form: .ItyAt4af11Pyr_____....._ Page 23 of 26 PAGE 25 OF 28 PAGES AGENDA ITEM NO.8.J EXHIBIT A-Space Exhibit-Terminal Counter and Office Layouts ' ,' L! Iiii 1‘41\j'r: II t .4 � 3 { „ i ) tiI •.-,fir iP 'k j �; : . _ 7 ... s '. '11 ' I ,1: .1,r1 "1-'0 ' . OCar Rental!Arabia Area 14—26B S.F. 1 FLOOR PLAN- CAR RENTAL Page d4o PAGE 26 OF 28 PAGES AGENDA ITEM NO.8.J EXHIBIT 6_Diagram of.Blocks for Ready&Return Parking f �� r - i I (� t►11 r � e • S_. Poo .bi • r - kq MINI I , NM w..d/OWe — Page 25 of 26 PAGE 27 OF 28 PAGES AGENDA ITEM NO.8.J Exhibit C Service Center Area 1:3Pu,,, .!4• - zuritc,-.. .:_ . ,1 ‘_..--,-:.rromaieJ..te • litei K.A194 p 0 1 I,I, E;- TI iit:1110,1- iPPI.A l!iNlit't-- -- - - -1 'la kii*.i.oll. 1.1 01110 l'ir11114 Iii , t....,,,,,,,,, 111: hid 1 1,1h1,11:, 0_E.; .. •.5...D. ro . 4 2 ' ! , ' . .. 1 i )ir AN t, 016%004 it J r".11 I,I tital°111141.4 ! MI' IIIIINIIIII. r% Ell 40111 iI4.?gag 1111=1 ' 2 RIP Ili 1 i 10 i._,..1,1 = 1111111F1/'ili" i a` wio' VI iii ' P lo2.64MMWdt- a Aih111!:11i T itpero-' ,111:71.111111.1 I - !MA) I. -411111107 s' ' C e!(':' • i illtei N - „....„..- 40,...diplpSiin :441111,1'a 111111Milei:pp[ • mie• , ,r 0 .1,fi .15;e4si, l'.614i'l ilia J fi , i ..._ eir.J0_ ---- - ,..- '' cit It . 1 1 1 III i'l 016 4 ny 1 IONE] -Not imiseli•.1‘. 01 ' ... .e r- 11 i VI Ii ' •., . 4i • . I ir 11 I I I .eil Iii .1 ill'h to h ..i. .... r- 1 Page 26 of ... PAGE 28 OF 28 PAGES AGENDA ITEM NO.8.J CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution authorizing the purchase of two 3/-ton pickups for the Landfill and Water Purification Divisions through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II, LLC in the amount of $100,150.00. INITIATING DEPT: Aviation Traffic & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: In May of 2024, Ford Motor Company formally notified the City of Wichita Falls that it would be unable to produce 19 pickups that had been approved by City Council in 2022 and 2023. This decision by Ford effectively cancelled the City's Purchase Order on these items, as well as disrupting the City of Wichita Falls capital replacement plan for pickups. At the July 16, 2024 City Council meeting, the Council approved the purchase of seven pickups to begin addressing this issue. While manufacturing issues are still a problem, staff research indicates that one of our cooperative agreement vendors has two 3/-ton pickups available in their inventory right now. Caldwell Country Chevrolet II LLC is the company on the BuyBoard Purchasing Cooperative. Staff will continue working with the Purchasing Division toward finding other options to purchase the remaining ten units. The average age of a 3/-ton pickup auctioned by Fleet Maintenance is 22 years. 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. Staff recommends approval of the resolution authorizing the purchase of two (2) 3/-ton pickups for the Landfill and Water Purification Divisions through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II LLC in the amount of $100,150.00. Amount of Purchase: $100,150.00 Budgeted Amount: $94,769.23 (average) Budget Shortfall: $5,380.77 PAGE 1 OF 4 PAGES AGENDA ITEM NO.8.K There was budget savings of $31,503.31 from the last purchase of pickups on July 16, 2024. This savings will be used to offset the $5,380.77 shortfall for the purchase of these two units. ® Director of Aviation, Traffic & Transportation ® Director of Finance ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 4 PAGES AGENDA ITEM NO.8.K CALD WELL COUNTRY CHEVROLET 800 HWY.21 E.CALDWELL,TEXAS 77836 BUYBOARD 724-23 End User: City of Wichita Falls aldwell Rep: Jake Schobinger QT#JS73024-1 Contact: Donald McEwen Phone: 979.429.8847 t Phone/email: donald.mcewen@wichitafallstx.gov Date: Tuesday,July 30,2024 Product Description: Chevrolet Silverado 2500 Regular Cab 4x4 email:jake@usaautomotivepartners.com A. Bid Series: A.Base Price: $ 49,875.001 B. Published Options[Itemize each below] Code Options Bid Price Code Options Bid Price GAZ Summit White INCL PCV WT Convenience Package INCL L8T Engine,6.6L V8 INCL H2G Jet Black,Vinyl seat trim INCL MKM Transmission,Allison 10-Speed automat INCL C49 Defogger,rear-window electric INCL PYN Wheels,17"painted steel,Silver INCL DWI Mirrors,outside power-adjustable INCL QXT Tires,LT265/70R17E all-terrain INCL NZZ Skid Plates INCL GT4 Rear axle,3.73 ratio INCL KC9 Power outlet,bed mounted,120-volt INCL JL1 Trailer brake controller INCL KI4 Power outlet,interior, 120-volt INCL K05 Engine block heater INCL KW5 Alternator,220 amps INCL K34 Cruise control INCL VK3 License plate kit,front INCL 9L7 Up fitter switch kit INCL AKO Glass,deep tinted INCL _ Total of B.Published Options: C. Unpublished Options[Itemize each below,not to exceed 25%1 Disclaimer Unpublished Options Bid Price PRICES AND AVAILABILITY CAN CHANGE AT ANY TIME WITHOUT Stock Units-RF286742IRF287619 COLOR/ FURTHER NOTICE DUE TO SUPPLY CHAIN CHALLENGES.REV ERI FY DELIVERY PRICING BEFORE ISSUING A PURCHASE ORDER.FINAL PRICE IS NOT CONFIRMED UNTIL VEHICLE ORDER IS ACCEPTED BY THE MANUFACTURER.ACKNOWLEGDE BY EMAIL RECEIPT THAT THE PURCHASE ORDER WAS RECEIVED BY USA AUTOMOTIVE PARTNERS, LLC.(CALDWELL COUNTRY CHEVROLET,ROCKDALE COUNTRY FORD dba CALDWELL COUNTRY FORD,CAMERON COUNTRY CDJR) Total of C.Unpublished Options: D. Registration,Inspection,Paperwork,Postage cost,Courthouse time,&Runner time: $ - E. UPFITTERS: F. Manufacturer Destination/Delivery: G. Floor Plan Interest(for in-stock and/or equipped vehicles): $ - H Lot Insurance(for in-stock and/or equipped vehicles): $ - I. Contract Price Adjustment: • $ - J. Additional Delivery Charge: miles $ - 1 K. Subtotal: $ 49,875.001 ■ I Quantity Ordered 2 x K= $ 99,750.00 M. Trade in: 1 N. BUYBOARD FEE PER PURCHASE ORDER $ 400.00 O. TOTAL PURCHASE PRICE WITH BUYBOARD FEE(PRICES AND AVAILABILITY $ 100,150.00 ARE SUBJECT TO CHANGE WITHOUT NOTICE) PAGE 3 OF 4 PAGES AGENDA ITEM NO.8.K Resolution No. Resolution authorizing the purchase of two 3/4-ton pickups for the Landfill and Water Purification Divisions through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II, LLC in the amount of $100,150.00 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 Caldwell Country Chevrolet II LLC offering two 3/-ton pickup trucks through the BuyBoard Purchasing Cooperative, 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 Manager or designee is authorized to execute all documents necessary to purchase two 3/-ton pickup trucks through the BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet II, LLC in the amount of $100,150.00. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 4 OF 4 PAGES AGENDA ITEM NO.8.K CITY COUNCIL AGENDA August 6, 2024 ITEM/SUBJECT: Resolution approving a mediation settlement agreement between the City of Wichita Falls and Wichita Falls Hospitality, Inc (Cause No. DC30-CV2023-2212). INITIATING DEPT: City Manager's Office Attachments: Signed Mediation Settlement Agreement STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Continue to Improve Recreational Amenities COMMENTARY: • July 2023 - After several attempts to purchase the privately owned property, the City Council approves the use of eminent domain authority to acquire the tract; • November 2023 - After further attempts to negotiate the purchase, the City filed the eminent domain suit; • June 5, 2024 — Property owner requests mediation; • June 7, 2024 - The Type B/4B Sales Tax Board approved an expenditure of up to $835,000 to the City of Wichita Falls related to the acquisition of the subject tract for a public park; • June 18, 2024 —The City Council approves 4B budget amendment; • July 1, 2024 — Mediation session with City and property owner conducted in McKinney, TX. Settlement agreement reached subject to City Council approval (see attached); • July 30, 2024 — Property owners grant access to City to begin survey work and asbestos testing; • August 6, 2024 — City Council to consider ratifying settlement agreement. On July 1, 2024, and at the request of the property owner WF Hospitality, Inc, a mediation session was conducted in McKinney. The property owners were present via Zoom and they were represented on-site by their legal counsel. The City was represented on-site by Mayor Tim Short, City Attorney Kinley Hegglund, Deputy City Attorney James McKechnie, Assistant City Manager Paul Menzies, and outside legal counsel. The City was negotiating under the guidance provided in previous executive sessions by the City Council and in coordination with the Type B (4B) Sales Tax Corporation Board. The mediation session resulted in a settlement, which is fully described in the attached document subject to City Council approval. PAGE 1 OF 6 PAGES AGENDA ITEM NO. 8.L If the agreement is approved by the City Council, the next steps will be for the City to survey the property in advance of acquisition by the City of the land for public park space, have the City hire a contractor to conduct an asbestos survey of the structure, and then seek bids for demolition. The 4B and City Council will consider approving funds and bids for demolition at a later yet-to-be determined date. Staff recommends approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Signed Mediation Settlement Agreement ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 6 PAGES AGENDA ITEM NO. 8.L Resolution No. Resolution approving a mediation settlement agreement between the City of Wichita Falls and Wichita Falls Hospitality, Inc (Cause No. DC30-CV2023-2212) WHEREAS, in November 2023 and with authorization from the City Council the City filed an eminent domain suit to acquire the property owned by Wichita Falls Hospitality at 100 Central East Freeway in Wichita Falls; and, WHEREAS, on July 1, 2024, and at the request of Wichita Falls Hospitality, Inc, a mediation session was conducted and a settlement reached, subject to City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The "Mediation Settlement Agreement" dated July 1, 2024 between the City of Wichita Falls and Wichita Falls Hospitality, Inc, attached hereto is hereby approved by the Wichita Falls City Council. PASSED AND APPROVED this the 6th day of August, 2024. MAYOR ATTEST: City Clerk PAGE 3 OF 6 PAGES AGENDA ITEM NO. 8.L CAUSE NO.DC30 '2 23-Z2I2 CITY OF W IC HT A FALLS.TEXAS § IN THE DISTRICT COURT § Y, § 3 lF'J UD ICI AL DISTRICT WICHITA FALL HOSPITALITY,INC § WICHrrA COUNTY,TEXAS MEDIATION SETTLEMENT AGREEMENT The City of tmichita Falls, Texas ("City-) and Wichita Faits Hospitality, Inc, ("Landowner")having mediated the above cetrse on July 1, 2024,have agreed to settle the ease as follows: 1. Landowner agrees to convey to the City be simple title to any property, speei1tkally identified by a subsequent survey by the Cit J, that generally follows the floodway on the property that is the subject of this suit,as generally shown in the attached Exhibit A.The City agrees to pay Landowner SA per square foot for any land it acquires in this purchasc p1Ucc s. 2. The City will survey will the property its acquiring and will pay for any survey, 3. Landowner will grant the City an access easement, at a location to be finalized during or after the surveying occurs; from the southernmost driveway off of the access road so that the public may access the]and the City acquires through the southern driveway. 4. The Landowner agrees to provide the City a temporary right to access the hotel building and appurtenant buildings so that the City cats,at its yawn cost and expenses,demolish the buildings and remove from the property all of the demolished impQoweEnenla The City agrees to indctmaify and hold itarrrtless,to the extent allowed by law,the Landowner From any damages or liability that OCC iir as a result of the demolition activities undertaken by PAGE 4 OF 6 PAGES AGENDA ITEM NO. 8.L thc City, The panics agree that the City will draft a more detailed agreement for the demolition of tbe:buildings and send a copy to the landowner within 30 days. 5. Landowner and City agree that they will file a joint a motion to dismiss without prejudice regarding the underlying oondernnation lawsuit. 6. This settlement is inclusive of all prejudgment interest, fees, and costs of any kind or nature. 7. Each party shall pay its own court costs and attny`s fee& 8. This agreement is contingent upon and subject to ratification by the City of Wichita Fails City Council, Agreed to and signal on July 1.2024. a illi r Ilipp A7An.701 ` Altair for the City of Wichita Falls,Texas o im,Short, Mayr,; City aC Wichita Falls,Texas Rajendra Patel Attorney for Wichita Falls Hospitality,Inc. PAGE 5 OF 6 PAGES AGENDA ITEM NO. 8.L t...!...1..::.:', , I.. 1 „.',' '' .40';;;'''' .• '. '. zi. '‘,.".."," ',,'At• a`'-'1 . 1 1 4 . ' '',""%,-; ••''.. "9i ' ,.044, ",..,* . ti .... • 0, • . 4• ,, .., , .„.„,„.., ,, ,, ., . .. . ''f'''‘,'..''•'11. , ,., I ,•, ,•••;,:-'• „,••••• , „,, • .,,:,,, „,,,:::•,,'.'' ,, - , t , 1 .1, '.. ,.., ' • ' ' - ' ' ' .. "* / . c^,'... .,,,• ' ,,,,, ,,rt. „ , ' ' 4.!LI 7 / . ..... „. -,. f •. .. P .' ,:',, ' 41' '11'1 'it ill ' --0 „.4,..- '. I A. 10 .1r:iri 11 0 . / ,::': ' '''' ,:l::4 ,:•'4,1110 „,. .,..• - .„,..- , .. - 7.' .' ,''i,' ...,noi ,. ..... .. _,,......._IL__ .....7: ' r—L ,, . • . I,',1 .. .. • . ,. ,. .•o ,,,,,bii. L — PAGE 6 OF 6 PAGES AGENDA ITEM NO. 8.L