AGD 11/05/2024 City of Wichita Falls
City Council Agenda
Tim Short, Mayor
Bobby Whiteley, Mayor Pro Tem/At Large
Michael Smith, District 1\--1;1 -
Larry Nelson, District 2 / s�4;
Jeff Browning, District 3 rA
IJc4� Q a �S Mike Battaglino, District 4
TEXAS Tom Taylor, District 5
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Paul Menzies, Acting 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, Hayley Eye Clinic Seminar
Room, Tuesday, November 5, 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: Reverend David Sapata
DAV TX Chapter 41
(b) Pledge of Allegiance
3. Presentations
(a) Presentation — Employee of the Month —Annie Hasson, Finance
(b) Proclamation — Mindful Movements: A Call to Recognize Stress, Girl Scouts
4. Comments from the public to members of the city council concerning items that are
not on the city council agenda. People wishing to address the council should sign up
prior to the start of the meeting. A three-minute time frame will be adhered to for those
addressing their concerns. Since comments from citizens are not posted agenda
items, the City Council is prohibited from deliberating or taking any action, other than
a proposal to place the item on a future agenda. Staff may provide factual statements
in response to inquiries or recite existing policy.
CONSENT AGENDA
5. Approval of minutes of the Mayor and City Council:
a) October 15, 2024 Regular Meeting
b) October 28, 2024 Special Meeting
6. Resolutions
(a) Resolution authorizing the purchase of a Sewer Cleaner Truck for the Sewer
Rehabilitation Division through the Houston-Galveston Area Council (H-GAC)
Purchasing Cooperative from SanTex Truck Centers, LTD. in the amount of
$389,999.00
(b) Resolution authorizing the purchase of replacement 3/4 inch through 4 inch water
meters and associated parts for the Distribution Division, from Thirkettle
Corporation dba Aqua-Metric Sales Company, in the amount of $147,532.48
(c) Resolution authorizing the award of a sole-source purchase of four return activated
sludge pumps for the River Road Resource Recovery Facility from Odessa Pumps
and Equipment, Inc., in the amount of $361 ,668.00
7. Receive Minutes
(a) Park Board, June 27, 2024
(b) WFEDC (4A), August 15, 2024
(c) Lake Wichita Revitalization Committee, September 10, 2024
(d) Planning & Zoning Commission, September 11 , 2024
(e) Central Wichita Falls Neighborhood Revitalization Committee, October 1 , 2024
REGULAR AGENDA
8. Public Hearing & Ordinances
(a) Conduct a public hearing and take action on an ordinance to rezone Property ID
#124584, #469495, 𞇫 (227.25 Acres out of G.W. Scott Survey, Abst. 254)
from Single Family -1 (SF-1) to Light Industrial (LI) zoning district; and amend the
Land Use Plan from Low Density Residential to Light Industrial to allow for a data
center warehouse and battery storage units (applicant: Calvano Development c/o
Jerry and Margaret Vieth)
CITY COUNCIL AGENDA
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i. Public Hearing
ii. Take Action
(b) Ordinance amending the Fee Ordinance to allow for the water connection
application deposit to be waived for active-duty military personnel
(c) Ordinance amending Chapter 14, Animals, in specific sections, and providing for
codification
(d) Ordinance making an appropriation to the Special Revenue Fund for the Health
Equity Program in the amount of $80,000; received from the Department of State
Health Services; authorizing the City Manager to execute contract accepting same
(e) Ordinance making an appropriation to the Special Revenue Fund for STD/HIV-DIS
Prevention Services Program in the amount of $174,947; received from the
Department of State Health Services; authorizing the City Manager to execute
contract accepting same
(f) Ordinance amending Section 2-33 to Chapter 2, Article II, Division 1 , of the Wichita
Falls Code of Ordinances to provide for the appointment of the Mayor Pro-Tem
and providing an effective date
(g) Ordinance authorizing the City Manager to execute and grant an Easement and
Right of Way to Oncor Electric Delivery Company, LLC consisting of 0.054 acres
located in the Anna Cummings Survey, A-610 and the Cyrus Eakman Survey, A-
450 within the City of Wichita Falls, Wichita County, Texas
9. Resolutions
(a) Resolution authorizing the purchase of pipe rehabilitation services for the
improvements to the Cypress 61 Plant Pipe Gallery from Insituform Technology,
LLC, in the amount of $848,000.00
(b) Resolution authorizing the purchase of one (1) Container Handler truck from
Bruckner Truck Sales, Inc. in the amount of $143,452.18
(c) Resolution authorizing the purchase of one (1) John Deere excavator for the
Stormwater Fund through the Sourcewell Purchasing Cooperative from
Yellowhouse Machinery Co. in the amount of$318,204.71
(d) Resolution authorizing the purchase of twelve (12) 2025 Ford Utility Police
Interceptors for the Wichita Falls Police Department and the Wichita Falls Fire
Department through the BuyBoard Purchasing Cooperative from Rockdale
Country Ford in the amount of $622,340.00
(e) Resolution authorizing the City Manager to execute a contract for the purchase
and installation of a totalAMH RFID System for the Wichita Falls Public Library to
Tech Logic Corporation in the amount of $129,195
(f) Resolution authorizing the City of Wichita Falls to execute an interlocal agreement
with the City of Burkburnett for the purchase of used Wichita Falls Police
Department vehicles
(g) Resolution Accepting the Sale of Excess City Owned Property Consisting of a
0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas
located at 3601 Armstrong Drive in the Amount of $5,368.13
(h) 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 to the City of Wichita Falls for the demolition of the existing structures on
the 12.7± acre tract of land otherwise known as 100 Central East Freeway.
(i) Resolution awarding a contract to the low bidder, Midwest Wrecking Company of
Texas, Inc., for the demolition of the existing structures on the 12.7± acre tract of
land otherwise known as 100 Central East Freeway, and authorizing the City
Manager to execute all related documents.
10.Other Council Matters
(a) Staff Reports — Update on the Wildfire Mitigation Project and Community Wildfire
Protection Plan
(b) Announcements concerning items of community interest from members of the City
Council. No action will be taken or discussed.
11 .Executive Sessions
(a) Executive Session in accordance with Texas Government Code § 551 .072, to
deliberate the purchase, exchange, lease, or value of real property interests due
to the fact that deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third party (including, but not limited
to, the purchase and/or value of 3601 Armstrong Drive).
(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, 100 Central East Freeway).
12.Adjourn
CITY COUNCIL AGENDA
PAGE 4 OF 5
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 30th day of October, 2024 at 4:45 o'clock
p.m.
a &g
9 rl City Clerk
CITY COUNCIL AGENDA
PAGE 5 OF 5
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Employee of the month.
INITIATING DEPT: Finance
NAME: Annie Hasson
DEPARTMENT: Finance
HIRE DATE: 1/23/2023
PRESENT POSITION: Payroll and Accounting Specialist
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
® Acting City Manager Approval
PAGE 1 OF 1 PAGES
AGENDA ITEM NO. 3.A
City of Wichita Falls
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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 -
Paul Menzies - Acting 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 Craig Lile, Faith Baptist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Short led the Pledge of Allegiance.
Item 3a — Proclamation — Cancer Awareness Day, American Cancer Society
8:33 a.m.
PAGE 1 of 9
AGENDA ITEM NO.5.a
Mayor Short read a proclamation proclaiming October 12, 2024, as Cancer Awareness
Day.
Item 4 — Comments from Citizens
8:35 a.m.
There were no comments from citizens.
Item 5-7 — Consent Items
8:36 a.m.
Paul Menzies, Acting City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Nelson to approve the consent agenda.
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 5 — Approval of Minutes of the October 1, 2024, Regular Meeting of the Mayor
and City Council
Item 6a — Resolution 126-2024
Resolution authorizing the purchase of a 2024 John Deere 310P Backhoe for the Street
Department through the C&F Sourcewell Purchasing Cooperative from Yellowhouse
Machinery Company in the amount of $150,973.32 for the Streets Division.
Item 6b — Resolution 127-2024
Resolution authorizing the purchase of one (1) commercial front-end loader solid waste
collection truck through the BuyBoard Purchasing Cooperative from Bond Equipment
Company, Inc. in the amount of $414,289.00.
Item 6c — Resolution 128-2024
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October 15, 2024
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AGENDA ITEM NO. 5.a
Resolution authorizing the purchase of one (1) Automated Side Loader solid waste
collection truck through the Houston-Galveston Area Council (H-GAC) Purchasing
Cooperative from Bruckner Truck Sales, Inc. in the amount of $415,417.00.
Item 7 — Receive Minutes
(a) Public Safety Assessment Committee, August 8, 2024
(b) Central Wichita Falls Neighborhood Revitalization Committee, September 17, 2024
Item 8a — Ordinance 55-2024
8:37 a.m.
Ordinance amending the code of ordinances Chapter 50, Article II, Section 34 to increase
the number of Fire Captains from 15 to 16 for the purposes of adding a Deputy Fire
Marshal position to assist with fire code enforcement and fire investigation.
Moved by Councilor Nelson to approve Ordinance 55-2024.
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 9a — Resolution 129-2024
8:39 a.m.
Resolution establishing Wichita Falls as a Purple Heart Community in recognition of the
service and sacrifice of our combat-wounded veterans.
Moved by Councilor Browning to approve Resolution 129-2024.
The motion was seconded by Councilor Battaglino.
John Burrus, Director of Aviation, Traffic, and Transportation, recognized Sharon
McCann, Patti Cook, and the Public Information Office team for their work on this project.
He also recognized all veterans and Purple Heart recipients, introduced Ismael Sagredo,
and read his Silver Star award citation.
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October 15, 2024
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AGENDA ITEM NO. 5.a
Ismael Sagredo, retired Marine Master Gunnery Sergeant, thanked the Council, staff,
citizens, and all veterans for their service and read a statement explaining the purpose
and criteria of the Purple Heart community designation and the purpose and history of the
Purple Heart award. Mr. Segredo recognized Wichita Falls Purple Heart recipient Army
2nd Lieutenant Thomas Weldon Fowler, who passed away from wounds suffered on the
battlefield in Italy at the age of 22. He is buried in Wichita Falls at Crestview cemetery,
and American Legion Post 169 is named in his honor.
Austin Cobb, 3603 Cedar Elm, Chair of the Lake Wichita Revitalization Committee,
expressed his support of this resolution and discussed future plans to recognize Purple
Heart recipients at the Veterans Memorial at Lake Wichita Park and to add a Thomas
Fowler memorial.
The motion carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9b— Resolution 130-2024
8:51 a.m.
Resolution authorizing the Acting City Manager to execute all documents necessary to
provide for paramedic training from Axon Education, LLC d/b/a Texas EMS School in the
amount of $169,560.00.
Moved by Councilor Nelson to approve Resolution 130-2024.
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 9c — Resolution 131-2024
8:59 a.m.
Resolution authorizing the City Manager or Authorizing Official to apply for non-matching
Grant Funds from the Department of Justice (DOJ) FY 2024 Edward Byrne Memorial
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October 15, 2024
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AGENDA ITEM NO. 5.a
Justice Assistance Grant (JAG) Program in the amount of $34,017.00 with co-applicant,
Wichita County Sheriff's Office.
Moved by Councilor Nelson to approve Resolution 131-2024.
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 9d — Resolution 132-2024
9:01 a.m.
Resolution authorizing the purchase of two (2) Automated Side Loaders solid waste
collection trucks through the BuyBoard Purchasing Cooperative from Bond Equipment
Company, Inc. in the amount of $859,706.00.
Moved by Councilor Nelson to approve Resolution 132-2024.
The motion was seconded by Councilor Battaglino and carried by the following vote:
Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9e — Resolution 133-2024
9:04 a.m.
Resolution authorizing the City Manager to execute a Professional Services Agreement
to Biggs and Mathews Environmental, Inc. for engineering services for the City of Wichita
Falls Landfill in the amount of $78,000.00.
Moved by Councilor Nelson to approve Resolution 133-2024.
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
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October 15, 2024
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AGENDA ITEM NO. 5.a
Item 9f— Resolution 134-2024
9:06 a.m.
Resolution authorizing the purchase of one (1) HG6800TX Horizontal Grinder from
Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana for $1,370,408.00
through the Sourcewell Purchasing Cooperative. To be used for the City Landfill.
Moved by Councilor Browning to approve Resolution 134-2024.
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 9g — Resolution 135-2024
9:08 a.m.
Resolution authorizing the City Manager to execute all documents necessary for the
purchase and installation of synthetic turf on the four (4) south fields at the Wichita Falls
Sports Complex by Hellas Construction, Inc. in the amount of $3,687,380.
Moved by Councilor Browning to approve Resolution 135-2024.
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 10 — Discussion and possible direction to staff related to potential noise
regulations downtown.
9:15 a.m.
Kinley Hegglund, City Attorney, presented information regarding downtown festivals and
concerts, which have resulted in noise complaints. He stated that this discussion allows
all involved parties to discuss whether further regulation is needed, and the Legal
CITY COUNCIL MINUTES
October 15, 2024
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AGENDA ITEM NO. 5.a
department drafted an ordinance based on the City of Austin's regulations for outdoor
noise.
James McKechnie, Deputy City Attorney, gave a presentation on the proposed noise
ordinance, which would regulate the noise levels at outdoor concerts and events in the
greater downtown area. Mr. McKechnie discussed the proposed rules regarding the
times, sound levels, permitting requirements, restrictions for permits near residential
homes, exceptions to the rules, and fines for violating the ordinance.
There was a brief discussion of examples of various decibel levels, outdoor events, the
number of residential areas downtown, enforcement, equipment required for
enforcement, punishment for violations, the number of complaints filed, and whether
additional regulations are needed. Councilor Whiteley discussed complaints he has
received from downtown residents and stated he did not think there was a problem, but
there was a need for more specific parameters in the ordinance.
Cathy Dodson, 3503 Glenwood Ave, discussed her concern regarding decibel limits,
concerts held by the City at Bud Daniels Park, and concerns with how the City can
regulate specific noises. Mr. McKechnie clarified that it was for all outdoor noise.
Ron Kitchens, 5307 Waterford Drive, stated that this is one more fee for the business
community that is already struggling. He discussed decibel levels at recent events being
higher than the proposed level, and feels there is a failure to communicate, not a problem.
He asked that the Chamber be allowed to form a committee of involved parties, both pro
and con, and bring back a recommendation to the Council. He expressed concerns about
Police involvement in civic activity, adding more burden on the department, more fees for
businesses, and concerns with the proposed hours and decibel levels as they will deter
future events downtown.
Dusty Potter, Chair of Downtown Wichita Falls Development and board-certified hearing
instrument specialist, discussed the different decibel levels, such as dbA and dbC, and
stated the decibel type should be specified in the ordinance as there are twelve different
types. He expressed his concern about 70 decibels being the highest level, as normal
conversation is between 55-65 decibels. Mr. Potter said you cannot have a concert at 70
decibels, and he feels the proposed rules are a little aggressive and require more
conversation and investigation.
Dwayne Jackson, 919 Indiana, Wichita Theater, agreed with Mr. Kitchens that this should
be referred to a committee of involved parties. He discussed the festivals and events that
have moved from the Farmer's Market to behind the Wichita Theater, how this has
affected the theater's attendees and performers, and issues with previous agreements
with sound engineers and event organizers to regulate sound. He feels there is a need
for an ordinance that ties everything together and addresses the location of stages and
both high-end and low-end sounds. Two years ago, they had 343 households 40 miles
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October 15, 2024
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AGENDA ITEM NO. 5.a
outside of Wichita Falls purchasing tickets, which has increased to over 3500 households,
and everyone deserves a theater experience that is not disrupted by outdoor noise.
Valerie Rhodes, 1706 Avalon Place, discussed the lack of coordination for events and
what could be done to help reduce the concerns while still supporting downtown events.
She also discussed concerns with only regulating downtown noise when there are noise
issues in other areas of town, and concerns with using police time to regulate noise. She
suggested using Code Enforcement employees to enforce noise regulations.
Bill Weske, owner of a downtown business, discussed concerns with food truck generator
noise that affects his outside seating area. He agrees that a committee should be formed
to discuss this, and asked that generator noise also be considered.
The Mayor and Councilors discussed concerns about shutting down events, lost revenue
resulting in possible legal actions, the importance of downtown events, the need for a
stakeholder group to find a solution for all involved parties, and the need for better
communication.
Item 11- Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
9:51 a.m.
Councilor Taylor discussed the Veterans Day parade on November 2nd and encouraged
everyone to participate. He thanked Chief Hughes for his work on wildfire mitigation and
discussed the importance to the community. He also asked for information to help him
understand what it costs the City to provide sanitation services each year.
Councilor Whiteley encouraged citizens to participate in downtown events and said that
they would be missing out if they did not. The Kelly Crush chili cookoff is on Saturday at
P2 and proceeds fund scholarships provided by our firefighters. He expressed his
appreciation for the Purple Heart Community designation and his gratitude and support
for the EMS training.
Councilor Browning discussed the upcoming elections and encouraged everyone to vote.
Councilor Smith thanked everyone for attending, encouraged everyone to vote, and
stated that early voting starts Monday, October 21 st
Councilor Battaglino thanked everyone who attended his Town Hall meeting last night.
He stated that the presentation for the Purple Heart community designation was the most
moving thing the Council has done during the time he has served. He said on November
11 th at 5:30 p.m., there will be a memorial event and unveiling of the Veterans Park master
CITY COUNCIL MINUTES
October 15, 2024
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AGENDA ITEM NO. 5.a
plan at the Thomas Fowler American Legion Post 169, and he discussed various other
upcoming community events.
Councilor Nelson discussed Amtrak and the train museum, the need to include all Purple
Heart veterans in town, and the importance of inclusiveness for all things. He encouraged
everyone to vote and expressed his support for public safety. Councilor Battaglino
discussed the plan for a Purple Heart monument to include all recipients in the community.
Mayor Short stated that the City has received Opioid settlement funding and that
$150,000 will be made available through an application process. All information can be
found on the Health Department website. Applications must be received by 5:00 p.m. on
October 31 st
Item 12 — Memorial Auditorium Tour to meet at the City Council Chambers,
Memorial Auditorium, 1300 Seventh Street.
Mayor Short recessed the meeting at 10:01 to reconvene at Memorial Auditorium on the
first floor. He stated that the live recording would end, the tour would be recorded and
streamed on Facebook Live, and the entire meeting would be posted to the website.
The meeting reconvened on the first floor of Memorial Auditorium for a building tour to
see the renovation progress.
Item 13 — Adjourn from 1st floor of Memorial Auditorium, 1300 Seventh Street.
Mayor Short adjourned the meeting at 11 :05 a.m.
PASSED AND APPROVED this 5th day of November 2024.
Tim Short, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
October 15, 2024
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AGENDA ITEM NO. 5.a
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in a special session on October
28, 2024, 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 -
Paul Menzies - Acting City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Short called the meeting to order at 8:28 a.m.
Item 2a — Invocation
Mayor Short gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Short led the Pledge of Allegiance.
Item 3 — Executive Session
PAGE 1 of 2
AGENDA ITEM NO.5.b
City Council adjourned into Executive Session at 8:29 a.m. in accordance with Texas
Government Code §551 .074.
Mayor Short reconvened the meeting in open session at 11 :15 a.m. and announced that
no votes or action were taken.
Item 4— Resolution 136-2024
Resolution appointing an Interim City Manager for the City of Wichita Falls and authorizing
the Mayor to execute a Professional Services Agreement with the Appointee.
Moved by Councilor Whiteley to appoint James McKechnie as the Interim City Manager,
effective November 6, 2024, replacing the current Acting City Manager.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 5 — Adjourn
Mayor Short adjourned the meeting at 11 :17 a.m.
PASSED AND APPROVED this 5th day of November 2024.
Tim Short, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
October 28, 2024
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AGENDA ITEM NO. 5.b
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of a Sewer Cleaner Truck for
the Sewer Rehabilitation Division through the Houston-Galveston
Area Council (H-GAC) Purchasing Cooperative from SanTex Truck
Centers, LTD. in the amount of $389,999.00.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: N/A
COMMENTARY: Sewer Cleaner trucks are a critical piece of equipment for the Sewer
Rehabilitation Division. These units assist with repairs and maintenance of the City's
sewer lines. The unit will be purchased from SanTex Truck Centers, LTD. in the amount
of $389,999.00 through the H-GAC contract. The completed unit will include a 2025
International truck with an IDS Equipment 800-HPR high-pressure Eco Sewer System
Cleaner.
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 a Sewer Cleaner
Truck through the Houston-Galveston Area Council Purchasing Cooperative from
SanTex Truck Centers, LTD. in the amount of $389,999.00.
Total Cost: $389,999.00
Budgeted Amount: $525,000.00
Budget Surplus: $135,001 .00
This purchase will replace a 2004 sewer cleaner truck with 182,649 miles.
® Director of Aviation, Traffic & Transportation ® Director of Finance
ASSOCIATED INFORMATION: Resolution; HGAC Documentation; Photo
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 6.A
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PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 6.A
Resolution No.
Resolution authorizing the purchase of a Sewer Cleaner Truck for the
Sewer Rehabilitation Division through the Houston-Galveston Area
Council (H-GAC) Purchasing Cooperative from SanTex Truck Centers,
LTD. in the amount of $389,999.00
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that SanTex Truck Centers, LTD. is offering a
sewer cleaner truck through the H-GAC 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 Staff is authorized to execute all documents necessary to purchase a sewer
cleaner truck through the H-GAC Purchasing Cooperative from SanTex Truck Centers,
LTD. in the amount of$389,999.00.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 6.A
ifiGACBuir C:ONTRACT PRIC:EcG WOlSHEET Contract ! Date
For MOTOR VEHICLES Only No.: HT06-?0 Pre aced: 1014+T024
P
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC: 713-993-4548. Iherefore please type or print legibly.
a'F"e CITY OF AICI-IlfA FALLS cosatirtcr: '1SANTEX TRUCK CENTERS,LTD
Aesmy
Cencart
Person: GORDCJ I SMITH By: cosAIiL A'EEBE@ti
Plume: 940-723-5573 Pius: 713-674-3444
Fix: Fs=
Ensi: I eorcoo_sraith ichilifall c goy Imsd: cweebei-4—yrishh„ck-.con
PxadTICE F� Descriptisa: 2025 INTERNATIONAL llVF,13 SFFA,TR ,High Pressure Sewer Cleaner
Cade: ,
A.Product Item Base Unit Prke Per Contractor's H-GAC Connacs: 101286
B.Published Options-Itemize below-Attach additional sheet(s)if necessary-Include Option Code in clew riptiou if applicable.
N`cte:P..iplh:hed Options are aptims cshich were su:vutted and priced m Ccauactor bid)
Description I Cost Description I Cost
02ARY A .E.FRI MER1TOR 20K WIDE TRACK 2?53 14HRC ANT F:REAR TANDEM 46K LOCKING DIE? 13666
03AGA SUSPENSICIN FRT 20K PARABOLIC ' 724 14LTHK SUSPENSION REAR HENIDRICKSCN RI-463 ' 40000
04EBT AIR.DRIB BENNOLF AD-IP i 526 16STM MIRRORS AFRO PEDESTAL PWR HH'1TIi ] i 419'
O5PTB STEERING GEAR(2)SHEPP 4RD M1001480 i 1159 16VICK CAB INTERIOR TRIM DIAMOND i 548
06DC4.7 DRT'ELINE SPICERSPL250 j 527 16RCIKACaCESS,CAB BRIGHT ALUM j 651
07BLW E Ti SYST HORIZ,VERTICAL TAI PIF 1210 027DEA 7 -TF'F.I_ FRT EXTRA POLISH ALUMIN =,.I 1056
OSRPS RADIO Abl+FMrABBLUETOOTH 483 02DlVI l[-=.I.S_REAR STND POLISH ALUM 2296
08WEJ BATTERY BOX STEM.LEFT SIDE 210
OINK POWER SOURCE ADDL USB-A,USB-C I 109 IDS EQUIP 800-HPR ECO SEWER CLEANER I 236610
12BEk E:VGI NE,1)TFSFT INTL A26 450HP 1700 LBFI 1379
13BEK TRANS AUTO ALLISON 4500 6 SPD 18987 Subtotal From Additional Sleet;s}:
1311L'AW OIL COOLERTRANSI+II.SSION j 89S Subtotal B: 287711
C.Unpublished Options-Itenuze below +attach.additional sheets)ifnecessat's-,
(Naha:Unpublished options are itm wbici were not:submitted andpaiced iu Coonactor's bid)
Description Cost Description Cost
UNPUBLTShED OPTIONS FOR SEWER BODY APPL. 2
Subtotal From Additional Sheet(s):
fubroral C:i 2,
Check To131 cccr of L npublishei Options(C)cannot exceed 25g of the total of the Base Unit]
Far this tr
Price plus Published Optima-(A+ - i aasactio-a the percentage is: OP/
D.Total Cast Before Any Applicable Trade-In i Other Allowances Discounts(A I B i C)
Quantity-Ordered:+ 1 X Subtotal of A+B--C: 388999 = Subtotal D: j 3 88999
E.B-GAC Order Processing Charge(Amount Per Current Policy) Subtotal E: ! :i:CIU
F.Trade-Ins'Special Discounts Other Allowances:'Freight'Installation'Miscellaneous Charges
Description Cost Description Cost
I I
Subtotal F: 0
Delivery Date:I G. Total Purchase Price(D+E+F): 389999
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 6.A
CITY COUNCIL AGENDA
NOVEMBER 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of replacement 3/4 inch through
4 inch water meters and associated parts for the Distribution Division,
from Thirkettle Corporation dba Aqua-Metric Sales Company, in the
amount of $147,532.48.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: The Water Distribution Division is tasked with maintaining the City of
Wichita Falls' water metering system and associated inventory of meters and parts. This
metering system is responsible for the accurate accounting of water use that is reported
to the State of Texas annually, as well as the accurate billing of customers for water usage
on a monthly basis.
To adequately perform this task, Water Distribution maintains an inventory of meters for
new installations and replacement of failed meters within the system. The maintenance
of this meter/parts inventory is budgeted for annually, within the normal operating budget.
The City's Automated Metering Infrastructure (AMI) system utilizes Sensus iPearl and
Omni T2 and H2 meters, for meters ranging in size from 3/4 inch up to 4 inch. The sole
provider of these meters and associated parts is Aqua-metric Sales Company. The cost
associated with this resolution is below the amount$155,010.00 that was budgeted in the
Water Distribution FY 24/25 budget.
Item Quantity Unit Price Total
3/4" iPerl Meter 150 $152.44 $22,866.00
1" iPerl Meter 150 $219.73 $32,959.50
1 1/2" Omni T2 Meter 15 $900.28 $13,504.20
1 1/2" Omni T2 Internal Parts 10 $635.39 $6,353.90
2" Omni T2 Meter 20 $1 ,067.88 $21 ,357.60
2" Omni T2 Internal Parts 10 $654.27 $6,542.70
4" Omni T2 Meter 2 $962.29 $1 ,924.58
MXU 520M Transceiver 300 $140.08 $42,024.00
TOTAL $147,532.48
Therefore, staff recommends award of the purchase of replacement water meters and
associated parts for the Distribution Division, from Aqua-Metric Sales Company, in the
amount of $147,532.48.
PAGE 1 OF 7 PAGES
AGENDA ITEM NO.6.B
® Director, Public Works
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 7 PAGES
AGENDA ITEM NO.6.B
Resolution No.
Resolution authorizing the purchase of replacement water meters and
associated parts for the Distribution Division, from Thirkettle
Corporation dba Aqua-Metric Sales Company, in the amount of
$147,532.48
WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Quality
Infrastructure; and,
WHEREAS, this procurement is necessary to preserve or protect the public health
or safety of the municipality's residents pursuant to Tex. Loc. Gov't Code Sec. 252.022;
and,
WHEREAS, the City desires to continue to have a reliable inventory of water
meters and associated parts; and,
WHEREAS, the City desires to accurately account for water usage towards billing
and regulatory reporting; and,
WHEREAS, it is in the best interest of the City of Wichita Falls, due the AMI meter
requirements, to sole source the purchase of water meters and parts from Aqua-Metric
Sales Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City staff is authorized to purchase replacement water meters and associated parts
for the Distribution Division, from Thirkettle Corporation dba Aqua-Metric Sales Company,
in the amount of $147,532.48.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 7 PAGES
AGENDA ITEM NO.6.B
Aqua Metric Sales Quote QT00011159
October 11,2024
Aqua-Metric Sales Company
Kelsey Van Cleave
16914 Alamo Pkwy Bldg 2 I SELMA,TX 78154-1492
Phone: (210)967-6300 I Facsimile:(210)967-6305
Quote for: City Of Wichita Falls
Attention:
Address: ATTN:ACCOUNTS PAYABLE,PO BOX 1431
City,State,Zip: WiCHITA FALLS,TX 763071431
Phone: (940)761-4333
Email:
Quantity Description Unit Price Line Total
300 EA MXU520MSP MXU 520 M SINGLE PORT TIC 140.08 42,024.00
150 EA 130TR 314"SL iPERLTR/PL 8 WHLCF 152.44 22,866.00
150 EA 150TR 1"iPERLTR/PL 8 WHLCF 219.73 32,959.50
15 EA OMNIT11-2 1 1/2"OMNI T2 8 WHLCF 900.28 13,504.20
20 EA OMNIT2 2"OMNI T2 8 WHLCF 1,067.88 21,357.60
10 EA OMNIT11-2MMP 1 1/2"OMNI T2 MMP 8 WHLCF 635.39 6,353.90
10 EA OMNIT2MMP 2"OMNI T2 MMP 8 WHLCF 654.27 6,542.70
2 EA OMNIT4MMP 4"OMNI T2 MMP8 WHLCF 962.29 1,924.58
This quote for the product and services named above is subject to the following terms: Subtotal 147,532.48
1.All quotes are subject to the Aqua-Metric Terms of Sales.
2.Quote is valid for thirty days. Sales Tax 0.00
3.If modifications in materials,labor or processing are required to meet new Total 147,532.48
regulations,the pricing submitted herein is subject to immediate change.
4.Freight allowed on single Sensus orders exceeding$80,000.00.
5.Net Thirty Daysto Pay.
6.Returned product may be subject to a 25%restocking fee
7.Sales Tax andfor Freight charges are approximated and may vary on final invoice.
Proprietary and Confidential Page 1 of 2
PAGE 4 OF 7 PAGES
AGENDA ITEM NO.6.B
Aqua��'A MetlriC Sales Quote QT00011159
October 11,2024
Aqua-Metric Sales Company General Terms of Sale V24-5180
1 DEFINITIONS."Carstamer"means the party purchasing gnuds Or seslces 8. 1TnE. Unless agreed UdOn In writing between Aqua-Mettle and
pursuant to these Temps of Sale I-Terme)."Aqua-Metrlr means Aqua- Customer,Customer shall assume title of deliverables from the date and
Metric Sales Cnmpxry, a subsidiary of Thirkettle Corporation_ time of products)shipment
"Deliverables"and"Products'aeons the goodie and/or serestes sold or 9. PACKAGING.Aqua-Metric reserves the right to select the manner n
Other-Wife p.owded purslssn1'..r Agreemen!."Maouf,Klurer"refers wrath belitherable ate paddled. Deeded prises lntis do oandart
to Sensus Irk.tesless otherwh-s,,:ed._cttwa-e Ilcssses are provided packaging. Special requrements far packaging will be subject to
solely through a separate sof:wa•e,c_ -- •=_e additional dharges.
Del
!- CONTRACT'Of SALE-All Deverabet ontF-±o r kale are subject to the 10. SHIPPING AND HANDLING_All stock Products and Materlah will be
paces and other temnl Weeded n+ ,i, .enrol table Aqua-Metric shipped Freight on board(FORT Destination.Aqua-AAetric will ship all
quotation or proposal and{dl the Term:;3-th ur ,erein(collectyey,the Products on prepaid ground transportation.Expedited shipments,such
"Proposal'),all of which are subject to the correction of clerical errors A as Next Day or Second Day,win be at the Customers expense unless
Customer's purchase order or similar wring shag constitute an otherwise agreed upon by Aqua-Metric All applicable.Shipping and
acceptance al the offer to sell;however.any ncenslstent,additlor el or Nanding charges Will be Included with the final invoice to the Cutenmae.
different terms to the Proposal contained Ina Customer's request for Adua•Metric does not guarantee and therefore will n01.be liable for arty
quotation or purchase order(oolectvely, 'Addtonal Terns)are delays in shipment.
hereby objected to and rejected by Aqua-Metric Such Additional Terms 11. FREIGHT-Aqua-Metric shall ship oversized Prodoct(sl or bulk orders ors
will not become part of the contract of sale unless accepted by Aqua standard Less-Thais-Truckload('Ll3.1 freight sorries,.when apWkable.
Metric in a writing. The Gascome a required to provide the necessary equipment required
3. PROPOSALS.AND QUOTATIONS.Propo:.a::and quotations are inclusive 11.e.loafing dock,fork lift paflel jack,etc)to unload the slsgnset.5 upon
of only the Deliverables Included In s',ma Aqua-Mark quotation arrival.If the Ctomerdoes not have access to equipment necessary to
form.Proposals and quotations will rem,'am :.d'cr a period of thirty unoad the Products],Customer must inform Aqua-Metric In advance
1801 days Wilson otherwise noted.All ph 1.1 i',,,y.•.. ••I and prior to shipment.Customer will be responsible for airy addnlorial
on the marerfarturers suggested retail peke.Aqua Metrhe reserved the ebst(s)Or feels]incurred for spell handing requirements,
right to apply a price adjustment to all graoies or orders received and not u FREIGHT ALLOWANCE Single Serous prodlsct orders exceeding 680,0D0
delivered to the Customer as a result of economic price increase or be shipped FOR.Freight Allowed unless otherwise specified and
decrease te Cost acne materials,labor,or transport at the time imposed ay'arn',iron i wrung,Freight allowance Is only applicable to single
by Aqua-MetrIcs suppliers.Any incidental product,materials,and/or :t•tr.h s ' .miyaete.Partial shipments must be specked In writinglabor required but not included will be subilect to additional costs to the .--.11-re•ot ardor placement.Aqua-Metric reserve the light to refuse
Customer.AQUA-METRIC MAKES NO GUARANTEE.EITHER EXPRESSED ire li lit allowance and+cr bit partial freight costs on final Invoice.
OR LIPUED,TOUT PROPOSAL OR QUOTED FAKING IS ALL INCLUSIVE- - I in OP.DAMAGE Ci 1i+rt':i I'hecustomeir In responsible for reporting lost
a INVOICES.Unless otherwise agreed upon m welting between Aqua- l.ve,.n ul:1TIl•:r•,:,I,•- n a result of.proper padaglrg and/or
Metric and Customer,Aqua-Metric shall Imrolce Customer for 1) hr Dili rig 1c,1a+.a-.tl -I.:..,.;ir n"eteen(15]bushes days Clairrts will
produl{s)shipped within fdteen 115)days of shipment;If software tie:one co:d m=_d='+t ,a tea,fifteen(16)bsiness says after the
within fifteen I15)after successful installation of software on Customer p'-•d.,rc'.-,.s Damaged product(s)will be
owned devloe(sl:31 implementation and support serekes within Rhein ,...,h '...r 1 ,:.e a.h mr•.h h^.. eunt-+•.tun Aqua-Meter reserves the right
Ill!days of comoletOy of Service;or el annual substriptiort vendee.as ... re,ace yoducisJ damaged In shiOnnent
do'ned Sect en,6 within fifteen I151 days of successful Installailon and I.] MAEN.I:r-FEN ti OP.CANCELLATIONS.C7n iers submitted to Aqua-Metric
not Less =nun .•(30]days in advance of subscriptionarnirersary date- must be canceled or amended by Customer prior to the shipment of
S. ANNUA. ni':•hil'71ON SERVICES.Annual Suyscrlplloes Services are Delnmr..n.es Aiwa-Metric reserves the rghP to nuesoe stllppng Charger
attired a, r.,.•••rig lees or Cost of services required to operate, foe ords-...srw.ekd after dellyeeabues shipped
maintain.or outcry C_,toner's.product and/or software;including but 15. RET-LW',S..No products)may be retuned for refund without the prior
not limited to;qua-Metric Annual Support,Software-asa-Servos, s oriratlon of Aqua-Metric.Aqua-Metric reserve the right to
Server/Data Hotting,or any fee requiring a recurring commitment. refund--a snit of deliverables It a re tocki g fee and/or skipping and
tdh:.....,.s utherw'Ise agreed upon In writhing between Aqua-Metric and nandlln.; .I,.irgts usx,rh r...,l.: . r. .h,rh.product Refunds will be
C u.s-.ter annual ssbsudptds services sell automatically renew span processed and mated su it. , a;3.•days from the receipt of the
the anon=_•nary date of the first invoice containeg annual subscription returned productfs].Astr:arized rem,shipments must he returned
.....;-sd each subsequent year annually thereafter unless canceled within su 161 months as no delhery auto.in"Ilkenew"condition to
try Cu..11 in writing prer to sloth-(601 days of subscription renewal. Aqua-Metric's dtsrgnar,-,l`sr.elwng point.most be Snapped In oegmal or
Annual;.k:.cr:pedon services will be subject to an automatic annual suitable packaging,m...0 be arcompan:ed by a patting sap,Including
increase:'three percent{3%)of the previous installment. Aqua-Metrics return authorisation number. and must have
6- TANS.A Drees quoted are exclusive cif federal,state and municipal transportation charges prepaid Al retuned products)will be Inspected
tares Cu:.:,men shall be Wale for all sales,use,and other rases(whether upon delivery for any Indication of slue•:: :famage.Client will be
Pocal,state or fedteaq'mowed on this Agreement a on the Dellve rabies, retpuris:bls lot returning the conduct'•I'+••'•rlu-Metrics designated
If Customer is exempt from tax,Customer is required IO pre,.de a tax d-s:nbu- n'a.s-ec•c s:.e ar,d an can:':' n --ed ro repackage and/or
exemption form prior to'invoicing. En'_ping:erre•lees'=tees will be:•esponsibe"or any damages incurred
7. PAYMENT TERMS.Customer shall pay all ordinate ed ie:... ni.n US sL,h•:e u •I Aqua-Metric reserve.;the right to refuse producers)
Dollars.within thirty MI)days al the invoke n...r,hl r,r-:-h�moires w..:Ira:,..,I,---,h,,.r,siied.used,or otherwise returned m any condition
the.right to establish credit Lnrt.s tor Cut^.n^he-and'Day Inquire roll or other than new Aqua-Metric reserves the right to deduct an adequate
partial payment prior to prov:s'ef:De o`Dna r=:i're•ac.s.AI pay-no_n:, service charge to cover all inspection,testing and handing from arty
shall be made via credit card Ni`,ar Martyrs Ihod],sneak or electra'.ic refund.
payment according to In-a',,,-.:•rat proven:,: Isy Aqua-Met.lc ll.s 16. RESTOCKING FEE.Return Product's l are Subject to a fwenev-five percent
Customer must notify Aqua-Mu^tic.m wrnlnf uithn setter 17)day.,:u 125%I restocking Tee and special Order Prasduters),'winding but not
receipt of an invoke if ire Customer disputes soda invoice.in the limited to:meter rereading equipment infrastructure,ArtPaks,or arty
absence of sudr notice'no Customer shall not be entitled to dispute an Predact(sj requiisg a unique configuration,are.sunniest to fifty percent
invoice.Save for any m.:,ice,disputed:n good talus In accprdarice with 150%1,reStOth-rst tee.Elsie to the custom configuration of electric meters.
the previous sentence. r r.r ditto.m•i nor•.Dot Pay within the time all electric meter sails are final.
allotted in this Agreerie--t.1,ne. .n due 7,311 hear Interest at the 17. OBSOLESCENCE Aqua Mete shall not he held liable for planned or
lower of f f one percent 11151 percalenda-3ey taut due;or(I)the highest urplamed obsolescence of prodact(sk parts,or software discontinued
rate perinitted by appicable law.Snnuh'._us::trier become delinquent by any manufacturer.
m payment of heti due hereunder.A,:•...tin....:shag not be obligated IS. WARRANTIES.
to tpntnue perh.martce.
Proprietary and Confidential Page 2 of 2
PAGE 5 OF 7 PAGES
AGENDA ITEM NO.6.B
Aqua 404MetriC Sales Quote QT00011159
October 11,2024
Aqua-Metric Sales Company General Terms of Sale V24,51 8O
1111 ()LEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT,THE 20, RETURN MATERIAL AUTHORf2ATION,Peaducrts)returned lot Warranty
SERVICES ANO SOFTWARE ARE PROVIDED IT AQUA-METRIC ON within the(imitations defined by the Manuractu•er will be returned
AN-AS IS`AND-AS AVAILABLE"BASIS S.,..THOEIT WARRANTIES OF de•ectly to the Manufacturer unless otherwise instructed by Aqua-
ANY KIND,EITHER EXPRESS OR learn INCLUDING BUT NOT Metric,CuSlomer shall subult a Ilit of defective Items with Serial
LIMITED TO IMF(IF[+WARR,AN r IE':'A MERCHANTABILITY AND Nswebrrs ander Idenotrtassin NuMbers required to identify the Weeduun
FITNESS FOR A PARTICULAR PUP f'_E.E. in an Etcol format to raa-Lora'Uleq +-me:-.._.tom.:r,",a-;-'c••.✓:aqua-
ILL Aqua-detnc wasra-.ts that the=.ern ice>oorouided by Aqua-Metric metric.-..... ...:•: 35.Pequa-metric.:.cm; or r.a-io.•'I .:aqua-
feltheperformsd'n profesvona;nA v.:••kmanlike manner with .rill+-Merrlc will generate a Return Material A.,tr.,ration
a degree of!Mr s.1 ',ISd C[Y', ..,I It consistent wtds the tot r, • ,...•r.rv'f0'n,Ikule.with he Prtdlnti• nl':; :,:^.In the
then generally 'cn[' ,.., -r n tn-is reasonably expected Als',ul.. ustc 'be:•c-,p :5ls':•a s r r eu
' [h
of simiar types c• engage neerrs a e deliverable. will --ef[ooactls'cc t:e- Man.,racsure•fc•.e araic ucs_em;
substantially conform to the deiiwerabies specified in the 21. FORCE MA1EURE.if Aqua-Metro Becomes,r-sole either who..a.• :
aRoiso*de p erttnase agreement. put,by an event of Force Mpleura,to fulfil nhijgaboer „•...•n,
18.3. Standard Marrufeatuter Warranty. Standard marwfaclurer agreement,the obligations affected by the event of Farce Mae., •..
product warranties shall apply te all products)lunished under be suspended during the continuance of that inability.°Force Male•.e'
this Agreement_Aqua-Metric and/or their supplier agrees to means an ment beyond the reasonable control of Aqua-Metric,includsr,.
prurMe a repaired or replacement product of equal value and as wthead Rmit acts of God,hurricane,flood,oninano,tsunami,'nomad 3.
provtloned wrth4l the mancSactwrr warranty terms. Storm,tempest..mudslide,vandrltsm,Illegal or unauthorized
18.1. Meter Services Warranty.Aqua-Metric warrants the quality of frequency interference, strike„ lock04s6, or other edustnai
wori hip and services provided herein to be reasonably free disturbances,immigration,satavadabil ty or delay of component parts of
from defects within twenty-four linear Inches of the meter any Dearerabdes provided hereunder.acts of public enemies,border
Cen rtalpn fora period of than n'en" ::he One of meter deputes,bender dinrnpteens.date try vehicle Impound,wars,blockades,
exchange. Imo rrettlpns,riots.pandemics,epidemics,earthquakes,fares,restraN6
A. Meter Services Warranty I,c y app.cas e so the services or prohibitions by arty count,baud,department,cnertmission or agency
rendered during the ume >I meter e,:narege and only of the United States or any States,any wrests and restraints,:iv.1
operable if the faihern,• n:.,-s�th'y t'vin,........a faulty meter dtsturbarges and elgdloslonn.
•ncnange •ray c. ,v:11.:1 I:c .sir"M•-... err Its 22. LIMITATION Of LIABRITy.
subcontractor 22.1.AQUA-METRICS AGGREGATE LIABIEFTY IN Are,AE,L ALL Cc,,U SEi
B. Aq.a-Met-'c doe: no: w-•ant Jeiet: e. p-od.: or
c.ns) OF ACTION AIRING UNDER.OUT OF OR ih,;ELATION TO THIS
-'a'.I r •,p ,•n,:s :il'. e :.::nq,,...•,er. AGREEMENT,ITS PECC<ii c'fl r, 1•E!•n:IRhe ele'E MIT a.F. ,...
..en,. ,.r•,.IF,. ,,, .,,:I ,✓9,r,r„p,sir TERMINATION I[011tl'.I:.e I. i.Iif,, '+I
Ice^,ete•a•chtr.e.se-.se.S i'.h l•,.ducts wli be subyect to EXCEED THE TOTAL Ateli:i,'NT a.Ll B,C.S'OMEF.IC ACIDS.
r aopci.cool=_arcd. 'w;c:war-ants=,del,nes as provided by METRIC THE TH AGP.EEM=!:T.THIS If SO'S'S HETI-ER THE
Aqua-Met•c s:,PIA., CAUSES OF ACTION ARE in PORT INCLI.IDINO ..THOL''T
i nyua Mrvn,. .I,.,• .., .,,r ,,,,...,..,,, LIMITATION,NEGLIGENCE[ark sari I 11111:!r•i i!.u,r,lam.1
serrece line do„.,;;.:•1+1 s:.1icc{r,,r,„on,;oprs.r, ed r•,.s•r•Lils UNDER STATUTE,OR°THERON IA
or tire senate line is no:up to code compt-ante;or damage;:;' 222.AS A SEPARATE AND INDEiE'`l;ENT:MITAT ION Co.Li a RIUT'I
due to age or ansxati,.}•of galvac.sod lines on either:he AQUA-METRICS UABILIT' S.-ALL BE L;MIT ED IC, ERECT
el,nrribuuln or Consumer We. DAMAGES,AOVA-METRIC'CEl.rlt hire l'PI' IIArt Islit II Al,,
Meter Services Warranq does not include defects as a result INOfRECT,INCIDENTAL SPECIAL .nw.I';.r.yl.I;!••1".rl...',I V,M AL,E:.
tampering,serdafism,negligence,'Acts-of-God'. NOR III ANY REVENUE OR PR JT ITS LC ST Be CUSTOMER OR ITS
E The Customer shalt notify Aqua-Metric of any warrantable AFFILIATES FROM ANY EN;CG USER IP.PESPECTIVE OF WHETHER
'WO with..Rue IS}days of Customer becoming aware El:i h;:,it.RE C1H I•F I'F"'.I.'.ATEGORLEO AS DIRECT
.'1.t,cpeee Inkier eo.essA',i 114 I:1i.II'u�'i'., Ica,11IIENG PE VENUE LOST FROM
I Tile Castor.rr ::Ant,s'ledges Aqua-Meer is unable to TI-II:::,:RT'F'i PEF:SL's'.'> CIF ENTITIES,SUCH AS BILIS FOR
determine ors sang isd plumbing conditions, uding but ELECTRICITY,'_'Af-T1 raG..i,.5,Cl WATER CONSUMPTION;NOR
not umlted:e pica ctn.'s ion,debris or hard Weber buddup in Ilab ANY IN/OUT LISTS,huR CLAIMS MADE ay A THIRD
I':umbing n:,n „r:..r:.s err faulty plumbing conneetiorm or PARTY;NOR IVI wv,;,II,oL F.vl tF I:R1 Al:r I'•1',Mir EXPENSES.
plurnbltW ',Mures. ar water pressure, etc. Due 1p the °IN/OUT COSTS'ME:.EIS A',r l.i'_Ts AF.T'EIPE LASES INCURRED BY
unknown snoditionn[s},Aqua-Melric does not warrant against CUSTOMER IN TOAN'SYCIASIr,G SOODS BETWEEN ITS
damages)or defect[sl to plumbing,household futures. WAREHOUSE.END ITS END USERS FREMISES AND ANY COSTS
Water heaters,water solceNrrg or RANinen 5y51ems.dose AND EXRFN':E1 INCURRED it Cf,'TterserU IN INSTdtt ING.
valves, appllancrs, water peasswe, or otter related UN•INSTAL{IN A:!.['.REMOVING GOOD. "I.A1,1151 P MEP,'At,r
appurtenances which rely on the rally services provided by END USER OF ELECTRICITr.SSVATERIG,E'1-AT PA.::C TIMER
ire Customer. FOR THE CC'NScr.1t'TICF( OF ELECTR'CIT'::".'u ER;'f.:S, 'u
G. Aqua•Metric reserve:the right to inspect tfr project worksite APPLICABLE,
••:•air forming any yrori to determine the best cows*of 22 1. The Rendition, ,,:. I,I„:y net test. in inn Ag,een,ern .+=t
to correct the wartanty Cnnotrh,if such inspection Is fundamental m,,,,,-:lent: to echo-Metric enterirng.Into this
not:Indicative at AquaMetric or its contractors faulty AgreersenL They soDy unconditionally and in all respect;.They
workmanship,Aqua-Metric,at its sode discretion,may invere .: .o be in terora eed broadly so as to give Aqua-Metric the
the Customer for any wee and erpense incurred to inspect a ,..nn'aT proten,nn permitted under law.To the maeinrum
he wr okslte,Aqua-Metric wee nln br htl/f reiparntble fur any •.•^n1 unmated be taw,no Cause al'A•.'run may be Innlltwed by
unauthorized repair-Is/ performed by the Customer, C I:to^der against.Aqua-Medic more t5.ar TWELVE 1121 MONTFIS
Customer's resident or bossiness customer,or any third-party s err the Cause of Action first rose in:he calculation of arty
repair company. ,l,',,ge ,n,r,Y Cause of Action,no da•,sic *red more than
19. LIMITATIONS.Unless otherwise expressly remade]herein,nesther Agra. ai l5 3.,.:L1 MONTHS prior to the fp,.,.,„•.••..•t;sure.Di Anton
Metric nor any of its service providers,licensors,enpltyees or agent ;nail be recoverable If Csrater^re• -_: e-2,4 user and
warrant that the operation of the Services will be uninterrupted or error ultimate Deemer ofehe Oelfyerabla:t _.: __ .na'.I ensure by
free-Agar-Medic xill not be responsible tor any darnages thatCustorner its contract wen the trod ace.1,i 11 ,,.etc-sine, rnl,divert.
eta,offer ulsmg our Of vat,or II'Iabltlty to use,the Serflcn. °Owner •I,.,. ,,.„-,rd••o- „I;:„.'. ..., .„ ..,,.,,,,,
and II .::iris... .l a 1, n le r ,. ..m,^'e etternl
Proprietary and Confidential Page 1 of 1
PAGE 6 OF 7 PAGES
AGENDA ITEM NO.6.B
Aqua��'A MetlriC Sales Quote QT00011159
October 11,2024
Aqua-Metric Sales Company General Terms of Sale V24-5180
permitted by law,Custerer agrees to indemnify defend.and shall art,single or partial exerelse of a right or power preclude any Other
hold harmless Aqua-Metric from and against all Losses Ide''ned future exercise thereof.
below)alleged by any Owner to the extent that
wookd our he(Fable to Customer hinder these Term t.•1 tr...:..I.
23. INOEMN IFICAl'C N.To.:he maximum extent put:Dcd by'aw.Cus`c-ne•
agrees to defen.a, n ..-nn'ry and hold Aqua-Metric-:srn:e ss fro-•.an.
and all lasses, :c-.:: sin perufties,damages a'd or,
IdneWdrlg mien,abie ,mot ru-y fees)incurred by,+tsr',or..I.n-.,',+l or
unposed on Aqua-Men-.-:rcvng horn Or S.curmertson with,toy and all
thud party sues,claims ec.,oris or demands la•dalm'j:1'1`o r personal
injuries,death or dam::ye to Tangible personal and real property used
by tree negllgen ..• ..I.n..i mdscondyce of Customer,Its...,,playaes
tontradpn.or agents .cr,hark Aqua•Metrlt;lill relating to or artsing
sate)Quttuner's.failure to comply with appll®ble law:and tlbf relating
to or ariorg put of Customer's breach or its confidentiality obligations
hereunder_
24. CONFIDENTIAL INFORMS to Il''I, f .. r, .r maid the ethos Roily
Confidertial Inn-ems'cn i-.con'dente and nail not disclose such
Confidential info-mat on:o find parties oche•than to cornultant:or
contractors.sub;act leans of confldor.r;ahry,when dlsnoe.kra
Is necessary for• ourinenes set lorrh herein,tsar true the other p•.,ly'.
COnlldfnwl info'rnetorl for any pirpobe other than the purpose.;a•.
forth ureter this Agreement The foregoing restrictions on disc'nsura
shall not apply to information whidt'Ic 1if already known n,the
recipient.fllf becomes,through no act or fate,of the recipe or n
known,Uri received by recipient Porn a trlyd party wuhout a rest,-'n.,r
on disclosure or use,(ir)independently developed by redolent w•.The,
reference to the other parry's Confidential Information.or Iv)is a public
rewrd under applicable laws.sob ect to the •-5,.:'th,:s.t lion.The
Customer will maintain the confdertala,,:s ,nl .,I,. ;.:s:,.,Metric
Confidential Information. and Amara-Menu will nr,n sir, the
confidentiality of all Customer Confidential Information,with each ca.r•.,
[along all reasonable precautions to protect the same.an a m,n,murn1
taking M ose procaWbnt vied to protect itt own Confidential,
Infornation from unatrtMrlaed Use Of dnclowre.
25. ASSIGNMENT.Customer may not assign,transfer or delegate this
Agreement or any part of Customer's rights or duties without prior
written consent of Able-Metric.Arty attempted Assigranent Inc violation
of This union shall be null android.
26. GOVERNING LAW ANC OISPtOLE RESOLUTION.This Agreement shalt be
governed by,construed and enforced in accordance with the Wars of the
Stale of Texas,without regard to conflicts of law principles.Any and all
disputes arising coder,out of,or in relation t0 this Agreement or Its
performance l'Olsputts'h shall fist be roplred by she Parties
attempting mediation in Terns.If the Dispute is not resolved within sixty
1601,days of the commencement of the mediation,it shall he legated In
the state or federal eosins located In the State of Teas.
27. COMPLIANCE WITH LAWS.Customer Shall comply with all applicable
laws and regulations,as set forth at the tine of acceptance and as may
be amended,changed,or supplemented.Customer shall'not take sup
action or permit the taking Of any action by a third party,which may
render Aqua•Mesrlc sable foe a violation of applicable laws.Customer
wit perform its obligations undR this Agreement in a manner that
omplies with all laws apperable to Customers business,ac'ivlto,and
facilities.'Laws'shall include and refer in any aid all federal(national),
state,prevmc4l,mhnldpal or local lawn,reglfetaons,rules,Judicial
decrees,declilon5 and judgments,et00a51 rf and gbremment Orders and
ordinance, and any and all diirectines of regional legislative and
regulatory bodies and implementing legislation,as well as odes and
etgt/atlans of any rNf reg,.,lot cry agani:Nlon by which any party may
be bound.
28 SEVERbElUfy.In the eren[s r p ns:ate.of this Agreement is held tb be
void.unlawful or otherwise u.soft"'cnsb-a chat o•ovison yell heseveted
from the remainder of the 4gr .;-.,maticalfy by a
Provision containing swim; iuin ,k,. •„ ,d. n„lawtu,. v
unmforceahle provision as poem b e.a:1.d:-•e A:-eerne-I,,a;':o nc J`cedr
wit continue to be in fail force a-d af'ec.
29. NON-WAIVER-Failure or de':ry or Aq.,c'',ln r:co:.arc =a z-t.,r
pour trfder title Agr.e,n,,.;•.I,,, ,on..;....,.,i..,..,o,n,.,",,.,....,,:.r
Proprietary and Confidential Page 1 of 1
PAGE 7 OF 7 PAGES
AGENDA ITEM NO.6.B
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the award of a sole-source purchase of four
return activated sludge pumps for the River Road Resource
Recovery Facility from Odessa Pumps and Equipment, Inc., in the
amount of $361 ,668.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: Four of the five Return Activated Sludge pumps at the River Road
Resource Recovery Facility are in need of replacement to ensure proper operation of the
facility in treating raw sewage for ultimate use in discharge to the environment. The pumps
have been in service for over 32 years, and they have reached the end of useful life.
Resource Recovery has received a quote from Odessa Pumps and Equipment, Inc. in
the amount of $361 ,668.00 to supply the replacement pumps. This quote also includes
the removal of the old pumps and installation of the new pumps. The pump replacements
were budgeted for within Resource Recovery's fiscal year 24/25 normal operating budget
in the amount of $392,000.00.
Odessa Pumps and Equipment, Inc. is the sole source supplier for the original
manufacturer of the pumps, Fairbanks, currently utilized within the River Road Resource
Recovery Treatment Plant. They are also a member of the Buyboard, and the city wishes
to utilize them as a sole source to provide the most efficient replacement of its product,
as the existing fittings, rails, and electronics are compatible.
Staff recommends award of 4 return activated sludge pumps to Odessa Pumps and
Equipment, Inc., in the amount of $361 ,668.00.
® Purchasing ® Director of Public Works
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® Acting City Manager
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 6.0
Resolution No.
Resolution authorizing the award of a sole-source purchase of four
return activated sludge pumps for the River Road Resource Recovery
Facility from Odessa Pumps and Equipment, Inc., in the amount of
$361,668.00
WHEREAS, the City of Wichita Falls has an extensive wastewater collections
system that conveys an extremely hazardous and aggressive waste away from
residences and businesses; and,
WHEREAS, the River Road Resource Recovery Treatment Plant utilizes a Return
Activated Sludge treatment process to adequately treat waste for reuse as discharge to
the environment; and,
WHEREAS, this procurement is necessary to preserve or protect the public health
or safety of the municipality's residents pursuant to Tex. Loc. Gov't Code Sec. 252.022;
and,
WHEREAS, Odessa Pumps and Equipment is the sole source provider of
Fairbanks Pumps, and is also a member of the Buyboard; and,
WHEREAS, the City of Wichita Falls has received a quote from Odessa Pumps
and Equipment, Inc. for the purchase of 4 Return Activated Sludge pumps, and it is in the
best interest to sole source the purchase of the pumps from Odessa Pumps and
Equipment, Inc.
NOW, THEREFORE, BE IT BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to award the sole-
source purchase of Four Return Activated Sludge Pumps for the River Road Resource
Recovery Treatment Plant from Odessa Pumps and Equipment, Inc., in the amount of
$361 ,668.00.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 6.0
irr
11111 111
1101
1111100.
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 6.0
DHOW SOOLU IONS
10/2/2024 11:38:54 AM Power service•Odessa Pumps•Flex •EcoVapor
ODESSA PUMPS&EQUIPMENT,INC
www.odessapumps.com
ODESSA TX 79766
UNITED STATES
1-432-333-2817
Customer: A003153
CITY OF WICHITA FALLS
RESOURCE RECOVERY
1005 RIVER RD
WICHITA FALLS TX 76305-7071
UNITED STATES
Phone:
Fax:
Estimate Terms Quote Date Expiration Date Salesperson Customer Currency
EO-0033529 NET 30 DAYS 10/1/2024 12/5/2024 OP908 USD US Dollar
Quantity Item Unit Price Extended Price
4.000 QUOTED ITEM 90,417.00000 361,668.00
EA
B5721 14"PUMP UNIT W/MOTOR
PUMP INFORMATION:
Flow:4337.96 USgpm
Head:30.33 Ft
Impeller Diameter:16.21 inch
Impeller Design:L14A1 D
Pump Speed:710 RPM
Driver Type:Variable Speed
Liquid Pumped:Water
Solids Diameter:3.25 in
Pump Configuration:5720-Horizontal Dry Pit Pump
Product:14"Model B5721,Horizontal Frame Mounted Angle flow Pump,T60 Frame
Rotation:Counter Clockwise Rotation
Materials of Construction.
Pump Material,Standard Fitted
Shaft Material Standard
Impeller Material:Cast Iron Impeller,A48-CL30
Impeller Fastener Material:Stainless Steel Impeller Fasteners&Key
Impeller Wear Ring Material.Stainless Steel Impeller Ring,A743 CA-15,300-350 BHN
Fronthead Wear Ring Material:Stainless Steel Fronthead Wear Ring,300-350 BHN
MOTOR:NIDEC US 40HP RPM 720
INCLUDES A NEW FABRICATED BASE,COUPLINGS,HARDWARE,GUARD,LABOR FOR PULLING EXISTING PUMP&INSTALLATION&
ASSEMBLY OF NEW PUMPS.
**BUY BOARD 672-22**
CURRENT LEAD TIME 20-22 WEEKS
OP ODESSA PUMPS&EQUIPMENT,INC Page 1 or 2
Kodi.Maduka@dnow.com
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 6.0
DHOW: SOLO IONS
10/2/2024 11:38:54 AM PawarService•Odessa Pumps•Flex Flow•EcoVapor
ODESSA PUMPS&EQUIPMENT,INC
www.odessapumps.com
ODESSA TX 79766
UNITED STATES
1-432-333-2817
Customer: A003153
CITY OF WICHITA FALLS
RESOURCE RECOVERY
1005 RIVER RD
WICHITA FALLS TX 76305-7071
UNITED STATES
Phone:
Fax:
Estimate Terms Quote Date Expiration Date Salesperson Customer Currency
EO-0033529 NET 30 DAYS 10/1/2024 12/5/2024 OP908 USD US Dollar
NET 30 TERMS APPLY FOR INVOICING AFTER COMPLETION OF INSTALLATION
THANK YOU,MARK WILLIAMS
Sale Amount: 361,668.00
Order Disc(0.0000%): 0.00
Surcharge: N/A
Sales Tax: 0.00
Misc Charges: 0.00
Total Amount: 361,668.00
REMIT TO: ODESSA PUMPS&EQUIPMENT INC P.O.BOX 207614 DALLAS,TX 75320-7614
C1
Terms and ,4w a s0''"O
Conditions 1I= DNOW Terms and Conditions
kEiLOEFi
OP ODESSA PUMPS&EQUIPMENT,INC Parr 2 • 2
Kodi.Maduka@dnow.com
PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 6.0
• '� 1
Wichita Falls Park Board Meeting
June 27, 2024
W.F. Recreation Center
600 11th St. Room 205
Time: 1:30pm
Presiding: Jim Heiman
Members Present: Josh Phillips, Sandy Fleming, Dawn Ferrell, Patrick
Hearn, Luis Severin, Luis Severin, Larri Jean Jacoby
Members Absent: Adam Arruda, Dorcas Chasteen, Alan Donaldson,
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 May 23, 2024 were put before the Board for approval, Dawn
Ferrell made the motion to approve the minutes and Lari Jean Jacoby second
the motion.
2. DEPARTMENTAL REPORT:
A. Recreation: Scott McGee
• See Attached Recreation Report (hand out)
B. Parks: Terry Points
• No Report
C. Lake Wichita Revitalization Committee:
• No update
D. Circle Trail Update:
• No Report
E. Master Plan:
• Half presented a update presentation power point for Park Board
Committee
F. Other Business, Announcements, Comments:
• No updates
Meeting was adjotip at 3:00pm
c
Signature: (1/22_, 1 7 .
PAGE 1 of 8
AGENDA ITEM NO.7.a
Recreation Review June 2024
50 Plus Zone daily attendance for the past week at 251
In cooperation with the Health Department the 50 Plus Zone presented "Create Better Health"Classes
each week during June and two Diabetes Healthy Living classes during the month
50 Plus Zone hosted an afternoon concert with Tressa Dawnee performing.
Sponsors for the month included Seniorly Yours, Hospice of WF, Best Care, Intrepid Home Health and
Royal Estates
Recreation Class enrollment for June sets at 99 students.
2tsd Session of Swim Classes at Lucy Park Pool at 100%, 3'd session enrollment currently at 85% 171
children and adults have completed swim classes so far this summer with one more session to come in
July.
Summer Camps Lots A Fun enrollment has been at 100%for the first two sessions. Session 3 begins next
week and should be at 100%by Friday. Camp Summer Fun is running at 40% of its capacity.
Spring Softball and Volleyball seasons were completed in June. Registration is current in progress for
Summer Volleyball.
The Sports Complex will have hosted 5 tournaments in June after this weekend. 4 tournaments are
scheduled for July.
The Lucy Park Swimming Pool is running smoothly with a great staff. Daily attendance numbers are up
from last year with the daily average setting at 126 currently.
Falls Town Courts at Hamilton Park Tennis Center continues to do well with Summer Camps, drills and
leagues for the summer. The center hosted its second of four USTA tournament in June with more the
60 players from around the state.The other two USTA tournament are in the Fall. The annual City
Championship is scheduled for July.
Falls Town Courts at Weeks Park Pickleball Center is in full swing with beginner lessons, classes, drills
and leagues for the Summer. Pizza & Pickleball Social was held earlier this month and this weekend is
the Battle of the Paddle Pickleball tournament.
PAGE 2 of 8
AGENDA ITEM NO.7.a
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PAGE 8 of 8
AGENDA ITEM NO.7.a
MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
AUGUST 15, 2024
PRESENT:
Leo Lane, President § WFEDC Members
Phyllis Cowling, Secretary-Treasurer §
Brent Hillery §
Tim Short, Mayor § Mayor& Council
Bobby Whiteley, Councilor at Large §
Tom Taylor, Councilor, District 5 §
Paul Menzies, Assistant City Manager § City Administration
Blake Jurecek, Assistant City Manager §
Kinley Hegglund, City Attorney §
Stephen Calvert, CFO & Dir. of Finance §
Russell Schreiber, Dir. 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
Moriah Williams, Partner §
Vicki Pratt, Partner §
Amy Raymond § Wichita Clutch
Tom Sharp §
Absent:
David Toogood, WFEDC Vice President §
Darron Leiker, WFEDC Member §
1. CALL TO ORDER
Mr. Leo Lane called the meeting to order at 2:30 p.m.
2. CONSENT AGENDA
a. Approval of Minutes (July 18, 2024)
b. Financial Report
Mr. Menzies addressed the Board and advised that sales tax is running flat, currently about
0.7% below the same period last year. There will be a more detailed discussion on sales tax
during the budget review later in the meeting. This month, the unencumbered available funds total
approximately $13 million.
Mr, Hillary moved to approve the consent agenda as presented. Seconded by Ms. Cowling
WFEDC MINUTES 8/15/2024
PAGE 1 OF 4
PAGE 1 of 4
AGENDA ITEM NO.7.b
and with no further discussion or public comment, the motion carried 3-0.
3. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED INCENTIVE PACKAGE FOR
WARNER ELECTRIC, LLC, DBA WICHITA CLUTCH.
Ms. Vicki Pratt introduced the proposed incentive package, mentioning that two Warner
Electric representatives were present. Ms. Pratt explained that the company was seeking an
incentive of up to $7,500 for each new job created, with an anticipated five new jobs if they secure
the production line for Wichita Falls.
Mr. Lane stated that the Board heard the proposal presentation at the previous meeting
and asked if there were any questions from the Board or Council Members. Mr. Lane indicated
that Ms. Cowling was not present at the last meeting but had received all the information regarding
the proposal.
Mr. Hillery made a motion to authorize a cash-for-jobs incentive for the creation of five
new full-time positions in the amount of up to 137,500 at the rate of 17,500 per full-time position
created to be paid to Warner Electric after the sixth consecutive month of employment and upon
acceptable documentation of employment, until December 31, 2025.
Ms. Cowling seconded the motion but had some follow-up Questions.
Mr. Lane called for discussion after the motion and the second. Ms. Cowling asked for
clarification as to how the $7,500 per job incentive aligned with the Board's established incentive
guidelines. Ms. Pratt confirmed that the proposal did fit within the guidelines, referencing the value
of the new jobs and equipment. Ms. Pratt offered to provide additional information after the
meeting if necessary. Mr. Ron Kitchens pointed out that the economic impact analysis, which ties
the incentive back to the guidelines, was handed out at the previous meeting. Ms. Cowling
acknowledged the clarification and deferred to those who reviewed the distributed materials.
Mr. Lane called for any further discussion and asked for public comment before moving
forward with the vote.
Mr. Lane then called for the vote. The motion carried 3-0.
4. DISCUSSION AND POSSIBLE ACTION RELATED TO AMENDING THE EXISTING INCENTIVE
PACKAGE WITH BH DEVCO.
Mrs. Moriah Williams introduced the topic and explained that BH Devco representatives
were unavailable due to an emergency but were open to answering questions via phone. Mrs.
Williams outlined the bid process involving their contractor, Catamount, and highlighted that a
25% escrow(roughly$736,000) is required for contingency, mainly for unforeseen environmental
issues. The estimated project cost is $2.97 million, but the proposal seeks to increase the
approved reimbursement from $2.8 million to $3 million to cover potential additional costs.
Mr. Lane asked if approval of the escrow was needed, and Mr. Kitchens confirmed that it
was. Mr. Kitchens further explained that the escrow is set aside for unexpected environmental
issues like buried waste or archaeological finds, not for unforeseen construction costs. Ms.
Cowling inquired about the motion, which included $3 million in reimbursement plus an additional
$736,855 for escrow. Ms. Cowling then asked for clarification about the incentive for BH Devco
to value-engineer the project to keep the costs down. Mr. Russell Schreiber explained that the
city's public works staff would ensure the project meets standards before reimbursement is
issued.
Mr. Kitchens mentioned that value engineering could lower costs, and BH Devco had not
finalized agreements with all subcontractors yet. Also, additional surplus funds of $240,000 to
$250,000 for materials testing and contingencies were already included.
Mr. Menzies confirmed that any unused escrow or reimbursement funds would be
WFEDC MINUTES 8/15/2024
PAGE 2 OF 4
PAGE 2 of 4
AGENDA ITEM NO.7.b
refunded to the City's account. If the total cost is less than $3 million, the City won't reimburse the
full amount.
Ms. Cowling also asked about the sale of 28 acres of land at the Wichita Falls Business
Park, priced at just under$2 million. Mr. Kitchens confirmed the land price was set at $70,000 per
acre, backed by fair market value assessments. The funds from the land sale and bond money
will be used to cover the costs of the roadway extension and related utilities.
After clarifying details about the reimbursement process and ensuring adherence to bond
purposes, Ms. Cowling made a motion to authorize the sale of 28 acres, more or less referred to
as lot 6A — F of the Wichita Falls Economic Business Park, in the amount of 11,966 407. In
addition, the City of Wichita Falls Economic Development Corporation will reimburse BHD Land
Development LLC in an amount not to exceed $3 million for the design and construction of the
extension of Production Boulevard and related utilities,plus an additional$740,000{approx. 25%1
of project costs to be held in escrow for unforeseen environmental and cultural circumstances as
related to the road and utility construction, and authorize Wichita Falls Economic Development
Corporation board chair to sign all related documents. Seconded by Mr. Hillery, and with no
comments from the public, the motion carried 3-0.
5. DISCUSSION AND POSSIBLE ACTION RELATED TO THE WICHITA FALLS ECONOMIC
DEVELOPMENT CORPORATION'S FY 2025 PROPOSED BUDGET.
Mr. Menzies began the discussion by quickly reviewing the financial summary on page 17
of the agenda packet. He noted that the proposed budget for FY 2025 included a new column for
better clarity. He highlighted several key points:
• The balance in the WFEDC bank account.
• Sales tax revenue is budgeted flat based on current trends.
• Interest revenue is budgeted slightly lower than this year, anticipating potential interest
rate cuts by the Federal Reserve.
Mr. Menzies further explained that the budget includes funding for annual programs such
as the four partner agreements approved in the previous meeting. These agreements are with
the Chamber of Commerce, Sheppard Military Affairs Committee, Downtown Wichita Falls
Development, and i.d.e.a.WF. There are also funds allocated for business park maintenance and
expenses related to electricity for new streetlights in the business park.
Mr. Menzies then outlined administrative expenses, including legal services, fiscal agent
costs (managed by the city), and audit fees. WFEDC also contributes to the regional airport
facility's debt service and has ongoing obligations related to the business park improvement
project. Mr. Menzies highlighted a $517,8000 debt payment scheduled for next year, part of the
bond funds for previous improvements. He noted that after accounting for all projected
expenditures, the estimated balance at the end of the next fiscal year is about $16.2 to $16.3
million, assuming no new expenditures or land sales. Mr. Kitchens emphasized that the estimate
does not account for potential land sales, which could further affect the balance.
Mr. Menzies then handed the presentation over to Mr. Stephen Calvert, who provided a
brief explanation of the reserve fund policy adopted earlier in the year. He explained the
calculation method, which subtracts non-spendable and committed funds from the overall balance
to determine the unrestricted fund balance. Even at the lowest point (assuming all expenses for
the year and no revenue), the unrestricted fund balance will remain healthy:
• At the end of 2023, the unrestricted fund balance was $9.9 million, exceeding the target
by $8.4 million.
• By the end of this fiscal year, the balance is expected to be $7.4 million, which is still $5.9
million over the target.
Mr. Calved then concluded that there were ample funds available, and he encouraged the
WFEDC MINUTES 8/15/2024
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PAGE 3 of 4
AGENDA ITEM NO.7.b
Board to take advantage of good opportunities to invest in the community.
Ms. Cowling asked a question regarding legal fees, seeking clarification on whether they
are categorized under professional fees or the city's administrative expenses. Mr. Menzies
confirmed that legal fees are part of the city's administrative costs and assured that the budget is
sufficient, especially given recent actions related to Carter. Mr. Kitchens added that certain
professional services, such as consulting or engineering, are budgeted separately under a
specific professional services line item.
Ms. Cowling made a motion to approve the WFEDC's FY2025 Budget as presented.
Seconded by_Mr. Hillery, and with no public comment, the motion carried 3-0.
6. EXECUTIVE SESSION
Mr. Lane adjourned the meeting into executive session at 2:54 p.m. pursuant to Texas
Government Code §§§ 551.087, 551.071, and 551.074. He announced the meeting back into
regular session at 3:06 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. ADJOURNED.
Mr. Lane asked if the public had any questions or comments. Since there were none, he
adjourned the meeting at 3:07 p.m.
Leo Lane, President
WFEDC MINUTES 8/15/2024
PAGE 4 OF 4
PAGE 4 of 4
AGENDA ITEM NO. 7.b
MINUTES
LAKE WICHITA REVITALIZATION COMMITTEE
September 10, 2024
PRESENT:
Austin Cobb, Chair ■ Members
Steve Garner, Vice Chair
David Coleman, Secretary
Josh Whittiker
Matt Marrs
Jack Roe
Sharon Roach
Mark Maron
Blake Jurecek, Asst City Manager •Staff
Terry Points, Parks Administrator
Tyson Traw, Deputy PW Director
Marie Balthrop, City Clerk
Wes Dutter, TX Parks &Wildlife •Guests
Dylan Jimenez, KFDX
Jason Newman
ABSENT: Mike Battaglino, David Bender, John Pezzano, Adam Arruda,
Alicia Castillo
1. Call to Order: Austin called the meeting to order at 11:30.
2. Introduction of New Members: Austin introduced Mark Moran, who is the new
Lakeside City representative. He was sworn in by the City Clerk before the meeting.
3. Approval of Minutes: August meeting minutes were approved unanimously.
4. Project Updates:
4.a. Veteran's Plaza Project:
Austin provided copies of a proposal from Steve Wood at BYSP Architects to provide a
Master Plan for the Veterans Plaza for $8,500. BYSP is enthusiastic about supporting
the improvements at the Veterans Plaza and is open to collaborating with us to manage
costs and assist with the expenses outlined in their proposal. David stated that Steve
Wood is highly qualified for this work, based on his experience with the Thomas Fowler
monument, and the Medal of Honor Museum in Gainesville. Steve Garner reminded the
group that a large portion of our funding is restricted to use for improvements at the
Veterans Plaza. The proposal was approved unanimously, and Austin will coordinate
with Steve Wood to get the master plan process started soon.
September 10, 2024
PAGE 1 of 2
AGENDA ITEM NO. 7.c
4.b. Lake Deepening:
The dredging project is still in the USACE Continuing Authorities program for FY-25, and
when funds are available the Corps of Engineers will begin the process to create the
Determination of Federal Interest.
4.c. Parks Master Plan: Blake stated the next City Council meeting will have a Park
Master Plan presentation, with a report issued in the Fall.
5. Discussion of Brick Sales and Fundraising Initiatives:
David stated we have 2 new brick engraving orders, and 4 old ones yet to be completed,
and he will contact Austin Stone & Monument to get these moving.
David stated the Wells Fargo checking account balance has not changed, it's still
approximately $80,000 with an additional about $6,500 in a City account, and Blake is
working to determine the exact amount and get a check cut back to the LWRC.
6. Other Business Matters: None
7. Adjournment: The meeting adjourned at 11:48 pm.
5011 0 — (6 —
Austin Cobb, Chair Date
September 10, 2024
PAGE 2 of 2
AGENDA ITEM NO. 7.c
MINUTES
PLANNING & ZONING COMMISSION
September 11, 2024
PRESENT:
Jeremy Woodward *Vice-Chair
Steve Wood *Member
Blake Haney •Member
Michael Grassi •Member
Noros Martin •Member
Doug McCulloch •Member
Matt Marrs •Member
Wayne Pharries •Member
Mark McBurnett •SAFB Liaison
Brady Enlow *Alternate No.1
Richard Milhollon •SAFB Liaison
James McKechnie, Legal Department •City Staff
Terry Floyd, Director of Development Services •City Staff
Fabian Medellin, Planning Manager •City Staff
Cedric Hu, Planning Technician •City Staff
Robin Marshall, Admin Assistant •City Staff
ABSENT:
David Cook *Chairman
Alan Sizemore *Alternate No.2
Councilor Bobby Whiteley *Council Liaison
I. CALL TO ORDER
The meeting was called to order by Vice-Chairman Jeremy Woodward, at 2:00.
Vice-Chairman Woodward took a few moments to talk about what was decided at
the last City Council meeting. He noted that it had been a long process for that
decision to be made, and he wanted show his appreciation (and on behalf of all
the Commissioners) to thank the staff, the Commission members and the public
for all that they did, and the involvement from all that had a part in it.
II. PUBLIC COMMENTS
Vice-Chairman Woodward asked if there were any comments from the public for
any items not on the agenda. With no response, Mr. Woodward closed public
comments.
III. APPROVAL OF MINUTES
Noivoo
PAGE 1 of 6
AGENDA ITEM NO. 7.d
Planning and Zoning 2 September 11, 2024
Commissioner, Noros Martin, made a motion to adopt the August 14th, 2024,
minutes. Commissioner. Matt Marrs seconded the motion. The motion was
passed unanimously, 8-0.
IV. CONSENT AGENDA
Vice-Chairman Woodward asked if there are any items on the consent agenda
that should be moved down to the regular agenda. Mr. Fabian Medellin stated
that there are not any items that should be moved to the regular agenda.
Vice-Chairman Woodward asked if there is a motion to approve the consent
agenda. Mr. Martin made the motion to approve the consent agenda, and
Commissioner Marrs seconded the motion. The motion passed 8-0.
V. Regular Agenda
1. Case C 24-21 507 South Rosewood Avenue
Consider taking action on a conditional use to allow for the development of a
manufactured home in a Single-Family 2 Residential (SF-2)zoning district
Owner: Martia and Chukwudalu Mocha
Address: 507 South Rosewood Avenue
Vice-Chairman Woodward asked if there was a motion to approve the case.
Commissioner Marrs made the motion and Commissioner Wayne Pharries
seconded the motion.
Mr. Cedric Hu presented the case and stated that the city requires a Conditional
Use permit for manufactured homes in any residential district. Mr. Hu presented
location maps and pictures of the property showing it is currently a vacant land.
The manufactured home specs were presented and shown that the unit is 28 feet
by 76 feet, and has combined square footage of 2001 square feet. The model has
five bedrooms and three bath rooms.
Mr. Hu provided a map based on the site plans and showed that it will meet and
exceed all setback requirements, with site setbacks proposed to be at least 10
feet and 20 feet from the interior property lines and 25 feet for their front setback
as well. He continued to present various views of the property and homes/ land
around this site.
Part of the Conditional Use process is to notify all properties within a 200-foot
radius of the applicant's property. A total of 16 were notified but the planning
department did not receive any responses. With that, Mr. Hu stated, that staff
does recommend approval of this Conditional Use for a manufactured home at
507 South Rosewood Avenue with the conditions that the home will meet the
requirements of section 5600 for infill manufactured housing of the zoning
PAGE 2 of 6
AGENDA ITEM NO. 7.d
Planning and Zoning 3 September 11, 2024
ordinance. And that the proposed home must comply with all codes and
ordinances at the time of construction permitting.
Vice-Chairman Woodward asked if the applicant would like to make a
presentation. There was no response. He then asked if there were any other
comments from the public, which there were none.
Vice-Chairman Woodward then asked the Commissioners if there was any
discussion to be had on the case.
Commissioner Pharries stated he feels the Commission should discuss concerns
of setting a precedent for out-of-town investors coming in and setting mobile
homes up on lots. He stated that mobile homes do not hold the value and he has
concerns about that.
The applicant, Martia Mocha comes forward to the microphone to state that she
and her husband are both from Wichita Falls originally, but had to move away to
get good jobs. She stated that most all of their families are still in the area and
spoke of their family ties to the city, the schools and Midwestern State University.
She explained how they acquired the properties, that her and her husband are
really not making anything because of the location of the properties, and the cost
to fix a house up on that side of town that they are doing work on. (Cost of living
is low there, but cost of work for improvements is high.) They hope to be able to
come back to Wichita Falls sometime in the future, but they cannot do that at this
time. They are working at improving the neighborhood and renting out their units.
Mr. Pharries stated that her presentation changed how he felt about this particular
case opposed to just someone from out of town coming in and buying up lots. He
is still predisposed against manufactured housing, and part of his motivation is to
protect that part of town from someone coming in and putting in junk. Mr. xxx said
Ms. Mocha doesn't strike him as someone who is going to do that, and stated he
wasn't planning on voting against it, but just wanted a discussion for the panel
about whether we want to set a precedent for putting a bunch of manufactured
homes in any part of the town.
Commissioner Doug McCulloch pointed out on Ms. Mocha's application that it
refers to a "mobile home", and asks for clarification between a mobile home and
a manufactured home. Mr. Fabian Medellin explains that Ms. Mocha's home is a
manufactured home. The main difference is the place of construction. The
manufactured home will be constructed at a HUD Licensed facility, stamped with
a HUD serial number and inspected during the entire process. Mobile homes
were built pre-1974, built in facilities that don't have the same level of standard of
construction that we have today.
Mr. Pharries commented in reference to out-of-town owners, that people that live
here care more about their properties than people that don't, pointing out that he
wasn't meaning the Mokah's because they have ties to this town. And he
continues that not everyone that's out of town is that way, but the tendency is if
PAGE 3 of 6
AGENDA ITEM NO. 7.d
Planning and Zoning 4 September 11, 2024
someone comes from out of town and buys 16 houses and they have no vested
interest in our town.
Vice-Chairman Woodward put the motion to vote, and the motion passed 8-0.
2. Case C 24-22 724 Indiana Avenue
Consider taking action on a conditional use to allow for an indoor amusement use
(escape room) in the Central Business District (CBD).
The applicant: Michael Hamman
Address: 724 Indiana Avenue
Vice-Commissioner Woodward asked if there was a motion to approve the case.
Mr. Pharries made the motion and Mr. Marrs seconded the motion.
Mr. Fabian Medellin presented the proposed addition that is in the Central
Business District, the heart of our town. Staff met with Mr. Hamman in regards to
the remodel to the second floor of 724 Indiana. He is proposing an Escape Room,
which falls within our ordinance as indoor amusement or entertainment. To those
that aren't familiar with what an escape room is, Mr. Medellin explained that the
rooms will be themed and the participants hypothetically lock themselves in a
room, and in order to escape, the participants need to solve a series of puzzles
to find the key in order to get out. Generally, within a certain time limit, an hour or
so.
Mr. Medellin showed pictures of the location and then described the general
layout of the proposed use. Stating that they would be creating five individual
themed rooms, as well as bathroom facilities, and an observation area where the
attendants or groups could phone in for clues or assistance, or to tell them when
their time was up. When Planning looked at the proposal, potential impacts were
considered. He stated that traffic foot traffic primarily because our Central
Business District doesn't have any parking requirements.
It was pointed out that the area is completely surrounded by Central Business
zoning district with a range of uses immediately below and around it. He stated
that the Planning Department went through the notification process and notified
property owners within 200 feet of 724 Indiana, and only four responses were
received which were all in favor.
The potential impacts are limited because the rooms are secluded, and noise or
any other kind of potential impacts to the neighbors would be very small, if any.
Mr. Medellin said staff does recommend the approval of the proposed indoor
entertainment amusement at 724 Indiana, for the second floor, for the use as an
escape room with the following condition. That the development shall comply with
PAGE 4 of 6
AGENDA ITEM NO. 7.d
Planning and Zoning 5 September 11, 2024
all applicable building health zoning codes and fire codes leading to the issuance
of a CO for that use.
Vice-Chairman Woodward asked if the applicant was in the audience and would
like to make a presentation. The applicant was present, but had no comment.
Vice-Chairman Woodward opened it to the entire audience, but no one from the
audience wished to make a comment.
Mr. McCulloch asked Mr. Medellin why this case was brought to the Commission.
Mr. Medellin explained that for the Central Business District, indoor entertainment
is conditionally allowed. Indoor entertainment is a broad spectrum, so not all
cases of indoor entertainment may be suitable within that business district. So, it
is up to the commission to determine the suitability for this particular use for this
particular site. Questions to determine are, does that use fit? Will it create harmful
impacts to those neighbors? Will it be beneficial to the surrounding areas? He
then verified that this is more of a family activity. Mr. Medellin also confirmed that
before issuance of a Certificate of Occupancy, they will be required to go through
plan review to make sure they are in compliance with all codes.
Vice-Chairman Woodward took the motion to vote, and it passed 8-0.
VI. STAFF UPDATE
Mr. Medellin gave an update on a couple of P&Z applications that the Planning
Department had received. From earlier this year we received an application for a
Conditional Use permit to allow for a hydrogen production plant. We have been
notified that the applicant has gone through Sheppard's and the Department of
Defense clearing process. They have determined that there is potential impact
when it comes to bird strike and bird mitigation, however, through an agreement
they feel that they can create enough mitigating designs to eliminate that threat.
Once that agreement has been solidified and recorded between Sheppard and the
applicant, then we will bring it before the Commission, probably in a month or so.
The other update is in regards to the rezone south of Kickapoo Airport. Planning
has been in talks with the applicants. One of the applicants has verbally told us
they will be withdrawing the Ditto Lane application. We feel with the withdrawal of
the Ditto Lane application, that the other two applicants will withdraw as well. But
we are still doing some coordination between those three property owners.
Commissioner Steve Wood took a moment to speak about some recent P&Z
meetings, and some comments that were made at a recent City Council meeting
on September 9th. He would like to remind the Commission, that we have the
opportunity to speak as members of the P&Z Commission, and we have the
opportunity to speak in the public at a public hearing of City Council. But he stated
PAGE 5 of 6
AGENDA ITEM NO. 7.d
Planning and Zoning 6 September 11, 2024
he wanted to remind everyone, in doing so, that the Commissioners need to speak
as an individual member and not on behalf of the Commission. Unless this
Commission votes, or agrees to take a stance on something, and then we can
stand and speak on it on behalf of the entire group. He stated he believes some
of the comments made at the last City Counsel, by members of this commission-
even if not intended- communicated the view of the whole Commission. Even if it
wasn't the intent, Mr. Wood feels that is how it was how it was received, and how
it was printed in our local paper. He continued that he just wanted to say that he
does not agree with those remarks being made in the public hearing last week,
and would like to share his support of the staff.And to the work that they do weekly
and monthly with this group. And know, from this Commissioner, that you are
trusted, respected, and we appreciate the dedication and hard work they put into
help Wichita Falls be a better community. It is a thankless job, unfortunately, and
one in which you cannot make everyone happy. Mr. Wood said he believes staff
tries to do their best they can to make our community the best that it can be.
VII. ADJOURNMENT
Vice-Chairman Woodward adjourns the meeting at 2:29pm.
1000.
David Cook, Chairman Date
to ish`
T r oyd, Director of Development Date
PAGE 6 of 6
AGENDA ITEM NO. 7.d
MINUTES
Central Wichita Falls Neighborhood Revitalization Committee
October 1, 2024
PRESENT:
Ann Arnold-Ogden •Member
Wendy Browder •Vice Chair
Jose Garcia •Member
Nadia Menchaca •WFAAC Liaison
Mike Mitchell • Chairman
Councilor Michael Smith • Member
Fabian Medellin, Planning Manager •City Staff
Christal Cates, Neighborhood Revitalization Coordinator •City Staff
ABSENT:
Larry Fox •Member
Councilor Larry Nelson • Member
Andrea Robles • Member
GUEST:
Sydney Fosnaugh, Arts Alliance Intern •Guest
Whitney Flack, District 1 City Councg Candidate •Guest
Debi Johnson, Neighborhood Resident&Developer •Guest
Ambreen Farooq, Neighborhood Resident&Developer •Guest
Asad Farooq, Neighborhood Resident&Developer • Guest
Sylvia Turner, Neighborhood Resident •Guest
Kevin Turner, Neighborhood Resident •Guest
I. CALL TO ORDER
Chairman Mike Mitchell called the meeting to order at 4:01 p.m., and all attendees
were introduced.
III. PUBLIC COMMENTS
Chairman Mitchell asked if there were any members of the public that wished to
speak. No comments from the public made.
VII. ADOPTION OF THE MINUTES
Chairman Mitchell requested a motion to approve the minutes from September
17th, 2024. Councilman Michael Smith made a motion to approve the minutes as
presented. Vice-Chairwomen, Wendy Browder seconded. The motion passed
unanimously with a vote of 6-0.
PAGE 1 of 3
AGENDA ITEM NO. 7.e
Neighborhood Revitalization Committee 2 October 1, 2024
VIII. REGULAR AGENDA
1. Continued Discussions on the Neighborhood Empowerment Zones (NEZ)
Mrs. Cates presented the draft Neighborhood Empowerment Zone (NEZ) for the
Neighborhood Revitalization Area to the Committee and gave a brief review of the
revised NEZ, which had been recommended by the Committee. Staff reviewed the
proposed incentives, noting that additions to the NEZ were highlighted in yellow.
Staff reviewed the addition of the life of the NEZ at a span of ten (10) years with the
option to review and extend with City Council approval at the ten (10) year mark.
Staff also pointed out additions of verbiage related to home values based on the
information provided by the Wichita County Tax Appraisers Office. Other additions
clarified Eligible Rehabilitation on the property equal to a minimum percentage of
the base value would be calculated on the base value before the rehabilitation.
Staff next discussed the tax abatement steps being reduced to only three (3) steps,
year six (6) at 75%, years seven through eight (7-8) at 50%, and the last step,
years nine through ten (9-10) at 25%.
Staff discussed the addition of eligible projects under the criteria, section 4.1, to
also include plumbing (sewer), electrical, mechanical (HVAC), foundation repairs,
and insulation. Staff also went over requested additions to the ineligible projects list
as, e. Tobacco Sales Businesses and, f. SmokeNape/Hemp Businesses.
Other additions reviewed were section V. Design Guidelines and section VI.
Procedural Steps with a change from five (5) years to one (1) year for certifications
to expire. The last item discussed was the addition of section VII. Waiver of Fees
and verbiage, Permit fees and liens are eligible to be waived upon approval of an
NEZ application. Liens and associated permit fees shall be waived throughout the
development process as requested.
More discussions continued among staff, the Committee and present members of
the public regarding the NEZ. Due to time, Chairman Mitchell asked the Committee
to table the NEZ discussion as well as the NEZ Design Guidelines topic until the
next meeting. The Committee agreed to table the discussions and have another
longer Committee meeting the following Tuesday, instead of a Sub-Committee
meeting to discuss the Bridwell Park Event. Staff advised a meeting would be
scheduled and the location noted on the invite as well as on an agenda that would
be posted.
IX. OTHER BUSINESS
Mrs. Cates gave an update on the construction progress at Bridwell Park and
updates on partnership agreements for the Community Change Grant application.
X. ADJOURN
Chairman Mitchell advised that the upcoming meeting on October 8th would be
from 3pm to 5pm at the City offices at Wichita Tower, 705 8th Street, 6th floor
Planning conference room. The meeting's goal is to wrap up the NEZ and move to
recommend it to the City Council.
PAGE 2 of 3
AGENDA ITEM NO. 7.e
Neighborhood Revitalization Committee 3 October I, 2024
Chairman Mitchell stated that staff would send meeting invites reflecting the
meeting time and location. The meeting was adjourned at 5:00 p.m.
(OOP/
Mike Mitchell, Chairman rlatP
.17- n del In, AICP, Planning Manager Date
PAGE 3 of 3
AGENDA ITEM NO. 7.e
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance to rezone
Property ID #124584, #469495, & #123371 (227.25 Acres out of G.W.
Scott Survey, Abst. 254)from Single Family-1 (SF-1)to Light Industrial
(LI) zoning district; and amend the Land Use Plan from Low Density
Residential to Light Industrial to allow for a data center warehouse and
battery storage units.
INITIATING DEPT: Development Services/ Planning
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Identify and Expand Economic Development Opportunities
COMMENTARY:
• September 6, 2024 — Staff met with applicant, Mark Calvano, to discuss a multi-
building industrial warehouse project, data center, and battery storage facility.
Staff outlined the site's zoning, allowed uses, and the process to rezone. The
applicant, soon thereafter, submitted an application.
• September 20, 2024 - Planning staff mailed notifications of the proposed rezone
to property owners within 200 feet of the subject property. Rezone signage was
posted at the property notifying of the October 9, 2024 P&Z meeting.
• September 22, 2024 — Notice of October 9, 2024 P&Z public hearing published in
the Times Record News (TRN).
• October 9, 2024 — P&Z conducts public hearing and recommends to the City
Council approval of the rezoning requested by unanimous vote (9-0).
• October 10, 2024 - Notice of November 5, 2024 City Council public hearing mailed
to all property owners within 200 feet of the subject property. Posted rezone
signage revised to list city council public hearing date.
• October 13, 2024 - Notice of November 5, 2024 City Council public hearing
published in TRN.
• November 5, 2024 — City Council scheduled to conduct public hearing and
consider ordinance rezoning the subject property.
If approved by City Council, the following rezoning request from property owners Jerry
and Margaret Vieth via their agent, Calvano Development, will facilitate the development
of a multi-building industrial warehouse project, data center, and battery storage facility.
The property is currently zoned for Single-Family-1 (SF-1) and is proposed to be rezoned
to Light Industrial (LI)to allow for the proposed aforementioned uses on the 227-acre site.
The Planning and Zoning Commission unanimously recommended approval of the
rezoning request at their October 2024 meeting. Staff is also recommending approval of
the rezone.
PAGE 1 OF 19 PAGES
AGENDA ITEM NO. 8.A
In accordance with state law, approval of this item will require a 4/5 majority in favor, or
six (6) votes of the City Council. The City has received protest notices from adjacent
property owners in excess of the 20% (by land area) statutory requirement that
automatically triggers the super-majority vote.
Evaluation
The area requested to be rezoned is primarily situated adjacent to residential uses or
undeveloped land. Staff believes location would be amenable for an expansion of
industrial zoned property, which is historically located on the edges of the city or next to
other industrious infrastructure such as rail or highway systems.
1. Changed Conditions: The core residential, commercial, and industrial
properties existed when the zoning ordinance was adopted. Since 1985, the
city has grown, through annexations, from 32,470 acres to 46,296 acres.
During that time, there was almost an identical number of property rezones
from nonindustrial to industrial, 25, and industrial to non-industrial, 23. The
percentage of total land designated for zoning has reduced from 18.3% down
to 14.7%, and of the 13,826 acres annexed since 1985, a total of 10,003 acres
remain with the Single Family-1 default zoning. The established zoning catering
to the existing development and new annexations has limited to no
considerations of the need for industrial lands for new prospects over the years.
2. Relationship to the Comprehensive Plan: With the proposal, the land use is
in conflict with the current designation of Low Density Residential. Staff are
recommending an amendment to the designation of Light Industrial to promote
the long-term designation of commercial and residential development.
3. The nature and degree of impact upon neighboring lands: Staff will review
final plans for the proposed site for any final impacts on the adjacent properties,
which will be considered and mitigated through the site plan review process.
The proposed data center, by staff's determination, is passively industrious.
The proposal of a data center and electricity storage facilities will be most
impactful during the construction, as both sites have few employees constantly
onsite. The sites will have limited staff to monitor and perform routine
maintenance on the proposed sites. The developer has worked with staff to
outline the utility needs and will not hinder existing users in the area.
If council approves the rezone to Light Industrial (LI), the applicant is subject to all other
zoning and building code regulations for the industrial project. Rezoning the tracts to Light
Industrial (LI) would be in harmony with the area and the Land Use Plan.
Recommendation
The Planning and Zoning Commission recommend approval to the City Council by a 9-0
vote.
Staff recommends approval of the ordinance. A motion to approve and six (6) votes in
PAGE 2 OF 19 PAGES
AGENDA ITEM NO. 8.A
the affirmative is required to approve this ordinance.
® Development Services Director
ASSOCIATED INFORMATION: Exhibit A — Aerial Map; Exhibit B — Photos of Subject
Property & Area; Exhibit C — Notification Response Map; Exhibit D — Zoning & Land Use
Map; Exhibit E — Allowed Uses in Light Industrial; Exhibit F — Planning & Zoning
Commission — October 2024 Minutes Excerpt; Ordinance; Attachments 1 & 2.
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 3 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit A — Aerial Location Map
Prop ID 14469495
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MAP PRODUCED BY:Cedric Hu Subject Properties
DATE PRODUCED:9 October 2D24
Parcels
PAGE 4 OF 19 PAGES
AGENDA ITEM NO. 8.A
EXHIBIT B - Rezoning Request — Property ID #124584, #469495,
#123371
Photo 1 —View of Subject Property from City View Dr.
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AGENDA ITEM19 NO.PAGES 8.A
EXHIBIT B Cont. - Property ID #124584, #469495, #123371
Photo 3— North view from Subject Property along City View Dr.
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PAGE 6 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit C — Notification Map
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PAGE 7 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit D — Zoning & Land Use Map
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CITY OF WICHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY'.CADI:C HU Single Family 1
DATE PRODUCED,10 September 2024 Parcels General Commercial
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PAGE 8 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit E
Proposed Zoning: Light Industrial (LI) Zoning District
The following uses are permitted subject to submittal of a site plan and review by
the Planning Division.
Residential uses:
Existing Residential units may be rebuilt or replaced if destroyed, however, the number
of dwelling units on a parcel shall not be increased. New dwelling units shall not be
permitted unless replacing an existing unit of the same square footage.
Civic uses:
Public safety services
Religious assembly
Utility service
Commercial uses:
Adult entertainment and sexually oriented commercial establishments, subject to the
provisions of section 5500.
Alcoholic beverage sales, subject to the provisions of section 5400.
Automotive repairs
Automotive sales and service
Automotive service station
Boat sales and service
Bus station
Business and trade schools
Car wash
Clinic
Club
Coin-operated amusement machines establishment, as regulated by section 5905.
Contractor's yard
Convenience store
Donation box
Exterminating services, without chemical storage
Funeral home
Hospital
Hotel
Indoor sports and recreation
Kennel
Light Manufacturing
Medical Office
Motel
Movie Theater
Nursery
Offices
PAGE 9 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit E Continued
Outdoor entertainment and recreation
Outdoor storage
Parking facilities
Repair Services
Restaurants
Retail trade
Self-storage facilities/mini-warehouse
Services
Shopping center
Veterinary services
Light Industrial uses:
Agriculture equipment sales and services.
Fabrication and assembly.
Freight hauling.
Heavy machinery sales and service.
Lumberyards.
Manufactured housing, individual accessory use.
Manufactured housing sales.
Oil drilling, subject to the provisions of appendix A, Subdivision and Development
Regulations, section 6.4, Oil and Gas Well, as amended.
Trucking facility.
Warehousing facility.
The following uses are permitted following approval by the Planning and Zoning
Commission for a Conditional Use Permit:
Airport
Communications towers and antennas as regulated by section 5910
Community residential center
Expansion of an existing residence
Exterminating services, with on-site chemical storage
Fuel and chemical storage
Landfill
Mining and excavation
Motor vehicle salvage yard, subject to chapter 46, Environment, article V, Outdoor
Storage, Wichita Falls Code of Ordinances, as amended
Outdoor food court
Shooting range (indoor)
Shooting range (outdoor)
Slaughterhouse and meat packaging
Stockyards
Halfway house
PAGE 10 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit F
MINUTES — EXCERPT
PLANNING & ZONING COMMISSION
PRESENT:
David Cook ♦Chairman
Jeremy Woodward ♦Vice-Chair
Blake Haney ♦ Member
Michael Grassi ♦ Member
Noros Martin ♦ Member
Doug McCulloch ♦ Member
Matt Marrs ♦ Member
Brady Enlow ♦Alternate No.1
Alan Sizemore ♦Alternate No.2
Richard Milhollon ♦SAFB Liaison
James McKechnie, Legal Department ♦City Staff
Fabian Medellin, Planning Manager ♦City Staff
Cedric Hu, Planning Technician ♦City Staff
Karen Montgomery-Gagne- Principle Planner ♦City Staff
Tyson Traw—Deputy Director Public Works ♦City Staff
Pat Hoffman-Property Management ♦City Staff
Rita Miller—Code Enforcement/Housing Administrator ♦City Staff
Robin Marshall, Admin Assistant ♦City Staff
ABSENT:
Wayne Pharries ♦ Member
Steve Wood ♦Member
Mark McBurnett ♦SAFB Liaison
Case R 24-006 — Property ID #124584, #469495, #123371
Public hearing to consider the rezone of +/- 227.25 acres of land
located at Property ID #124584, #469495, & #123371 (227.25 Acres
out of G.W. Scott Survey, Abst. 254) from Single Family -1 (SF-1)
to Light Industrial (LI) zoning district; and amend the Land Use
Plan from Low Density Residential to Light Industrial to allow for
a data center warehouse and battery storage units.
a) Public Hearing
b) Take Action
Chairman Cook declares the public hearing at 2:46 pm, and stated that no action will
be taken at this time.
PAGE 11 OF 19 PAGES
AGENDA ITEM NO. 8.A
Mr. Fabian Medellin presented the case and stated this will be a joint presentation
with the applicant/owner, Mark Calvano. Mr. Calvano and the other proposed
developer of the site met with staff in regards to the 200 acres at the Northwest corner
of City View Drive and US 287. Mr. Medellin pointed out that the property is 200
acres but is bisected by a swath of land that is owned by Oncor, that leads to a
substation that is located on the East side of City View Drive. (Mr. Medellin presented
slides showing the parcels which he was discussing.) While listening to Mr. Calvano's
proposal, staff felt that, even though public utilities have special privileges, including
the Encor property in this rezoning application would be more appealing to the long-
term views of the zoning designation of that area.
Mr. Medellin explained that Mr. Calvano is proposing to use the 200 acres for a
potential site for a data center, as well as an ancillary battery storage for excess
energy. Showing pictures of the proposed site, Mr. Medellin showed that the site is
completely undeveloped, and has been solely used for growing crops. Some of the
adjacent uses are a manufactured home park on City View Drive, and some industrial
uses within Industrial Zoning along US 287 which include Bruckner's heavy
equipment sales and service, as well as the Harley Davidson Center. Pictures of the
subject site, and properties to the North of the site, were then shown and it was stated
that those parcels all fall in the Single Family 1 zoning district. Mr. Medellin explained
that the uses to the West of the proposed site include a possible Green Energy
Ammonia production facility, the drag strip and Allred prison and gave an expansive
view of the surrounding areas of the site. Mr. Medellin also stated that there are a
number of rural residential tracts in the area that have, on average, over an acre of
land for each home. Most of this area does not have direct access to public sewer,
which has hampered the development of the North West side of Wichita Falls. Mr.
Calvano has chosen this site because it does have direct access to city water, and it
has the potential to have city sewer extended because of a city line along US 287.
The biggest attractor to the site is because of the Oncor substation and the
transmission lines.
Mr. Medellin described to the Commission that a data center is basically a storage
center for digital data, the digital footprint, that is created from cell phones, emails,
social media and other electronic sources, and is stored through use of servers. And
will provide storage in the digital age as Al expands. Mr. Medellin showed what the
data center could look like, stating it would be a large warehouse, and explaining that
there would be limited parking for staff as these machines run on their own.
Technicians would be utilized to perform updates or regular maintenance on the
equipment itself, but this is not the typical industrial use operation that is seen in most
industrial zoned districts. Since the data center is land expansive, it falls into the
industrial category. He stated that it takes a lot of land for one of these facilities.
Pictures of the inside of a data center plant was provided which showed rows and
rows of servers, to give the panel an understanding of what a data center internally
looks like.
PAGE 12 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit F Continued
Mr. Medellin then explains that the other proposed use of energy storage would be
modified containers that will house internal components that will store grid energy
that is then resold into the grid during heavy draw times on the grid.
A zoning map of the area was then presented, and it was pointed out that the
proposed site abuts a light industrial zoning district to the south along US 287, which
is why the applicant can request the rezone to light industrial, and why it would not
be considered spot zoning.
Mr. Medellin introduced Mr. Calvano and asked if he would like to add his
presentation at this time. Mr. Calvano explained that it is basically an industrial
building that could become a data center, that is predicated on power. He continued
saying that data centers use a lot of power, and knowing that Oncor's grid is quite
stressed with distributing power right now, he states that is could be a long time
before the entire parcels are built out. Maybe up to ten years, and that it could be five
years, or so, before the first couple buildings are put up. He stated that both data
centers and industrial have very little traffic impacts, and they don't create much noise
(being almost quieter than a residential neighborhood). He did explain that they use
HVAC units that do create a humming noise that can be mitigated, but overall, it is a
project that if the data center portion is built out it will create a high tax revenue for
the city. He reiterated that the center would be a very quiet, stand alone, low activity,
with few employees, but there would be some hired for maintenance, HVAC
contractors and painting contractors. So, this will create some employment for local
citizens throughout the life of the data center.
Mr. Medellin continued with his presentation and stated that with the City's general
development process, within city limits, land use is typically one of the first things that
has to be addressed and in line before a site plan can be approved. Mr. Calvano is
here today asking that we allow for that proposed use to be submitted and reviewed.
During the site plan review process, we look at the specific details of the proposal
and whether it is first phase or the overall project. During the review, we looked at
those significant impacts and how they can be mitigated. Whether that is City View
Drive or the actual traffic congestion on City view Drive, if there is any. We also look
at the condition of the road or the draws on that infrastructure.
Mr. Medellin explained that our general citywide zoning came along in 1985, and at
that time there was just under 6,000 acres of industrial land. In 1985, the town was
already built and developed. Since then, there have been around 28 different
annexations, with over an additional 13,000 acres that were added to the city limits.
With that, only approximately 1 ,000 acres were added to zoned industrial land within
the city limits. When staff is making our considerations of the proposed site, we
looked at existing uses. There is already an existing light industrial district right next
to the property. We looked at his proposed use, the level of potential impacts that
we anticipate as far as traffic and actual use goes. The concern for that would really
be for Oncor. The proposed site is a large parcel in Wichita Falls that was zoned
Single Family, so those 28 annexations over the last 40 years have large portions of
PAGE 13 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit F Continued
them remain in the default - Single Family 1 zoning designation. There are a few
areas along 287 that were designated as light industrial or as general commercial,
but the majority was left untouched. By ordinance, it has to go to that default zoning.
Mr. Medellin showed additional slides of the surrounding area of the site, showing
that there is a lot of undeveloped land there. Though there are some residential areas,
they are large individual lots about 1 to 1 1/2 acres. In part of our request process, we
reached out to Oncor, and they requested to be included in the rezone petition, for
their portion of land, to be changed to light industrial as well. The second component
is the amendment to the land use plan. Essentially changing that from low density
residential to light commercial to mirror the request and existing conditions of those
tracks just to the Southeast of it. Part of our process for rezoning is to reach out to
those neighboring properties. So, in all, 29 notices were sent out. We did receive
eight in opposition, and one in favor. We also reached out to the manufactured RV
park. Though our ordinances dictate we send the notice to the property owner, though
since there are over 100 pad sites, we reached out to the management of the park
and provided some information with a request from us to post it in their Facebook
group for the residents. We also offered to give a presentation or just meet with the
residents to answer any questions or concerns. With that, we received one response
from a resident of the park. A majority of the concerns for the project was the condition
of City View Road, and the potential noise. Staff does recommend the approval of
the proposed rezoning of the subject sites from Single Family 1 to Light Industrial, as
well as that the land use plan be updated from low density residential to Light
Industrial.
Chairman Cook asked for clarification for the immediate and short-term impact to
property owners and everyone around this location, within the next five years, if this
request is approved.
Mr. Medellin said it depends on the pace of the project's development. The
immediate negative impact will come during construction. There is not a lot of day-
to-day traffic, very minor. Construction wise, that will be the most impact, but there
is no timetable on when that will happen.
Chairman Cook clarified that the Commission is just setting the table to allow the
[development proposal] discussion to continue. And Mr. Medellin agreed.
Chairman Cook opened the discussion to the audience and asked if anyone would
like to speak on the matter.
Mr. Robert Anderson came up as stated that he is a retired engineer, with a lot of
experience with this kind of industrial development. His concern is the eight
contiguous acres right across the proposed site that are single family. Those single
family lots are right across the likely entrance to the facility. They are already
PAGE 14 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit F Continued
suffering from light pollution from the wrecking yard that is adjacent to them that is
using very high bay lights. It is difficult to see as they leave their houses because the
lights are so bright. He is concerned that this new facility will create more of this light
pollution and be more of a disturbance to the residents. His other concern is with
emergency response protocol and the costs that he feels will be put onto the residents
for equipment and specialty trucks that would be used in the case of an ammonia
leak. Mr. Anderson was thankful to the information given about the concern for
additional noise, and that his worry for that has been adequately addressed.
Staff informed Mr. Anderson that they will look into the light problem that the residents
are currently dealing with out there, stating that there could be possible code
violations that they will address.
Chairman Cook asked if there were any more questions or comments from the public,
and there were no additional comments/questions made.
Chairman Cook closed the case for public discussion and now open for discussion
by the commission. He asked if any of the Commission had any questions.
Commissioner Doug McCulloch asked why there would be a need for 227 acres,
since it has been stated that there would be very little parking.
Mr. Calvano responded that it is an industrial buildout. Over time it could be built out
on the entire 220 acres, plus the battery storage could take the whole property.
Mr. Ron Kitchens from the Chamber of Commerce came to the podium and informed
the panel that the Chamber was responsible for attracting this opportunity. He stated
that this is a hyper scale data center, which are typically a million square feet, and a
typical campus for a hyper scale data center is about 3 million square feet. For every
million square feet it is a five-billion-dollar investment. Globally, in the next three
years, there will be about a thousand data centers sited. Four hundred and fifty of
them have already been sited. Wichita Falls has a great opportunity to site one or
two of these, but they will build out as the customer — the Googles of the world, the
big guys, the guys we've never heard of- the military, a large user— they will decide
which ones they are going to use. And it is based on power. This site was specifically
selected because of its location to the grid, and because Oncor has said they can, at
some point, provide the levels of power it needs. Mr. Kitchens continued stating that
last week there was testimony before the Senate, and Chairman of ERCOT stated
the same thing and designated our sites as being able to do that. So, we are bringing
this developer who will then, if approved, be able to go out and site customers based
on the demands of the industry, and our ability and friendliness of a community to
serve them.
PAGE 15 OF 19 PAGES
AGENDA ITEM NO. 8.A
Exhibit F Continued
Attorney James McKechnie addresses the chairman and said that's a good segue to
go ahead and retire back into executive session, because the board probably has a
lot more questions that can be answered back there.
Chairman Cook agreed with Atty. McKechnie and stated that the public hearing is
now closed at 3:09pm.
A member of the audience, Mrs. Villareal, asked if she could ask a question. Since
the Public Hearing had already officially been closed, Atty. McKechnie informed the
Commission that they could allow her to approach if the Committee wishes to do so.
Chairman Cook reopened the public comments for Mrs. Villareal to speak.
Mrs. Villareal stated concerns for the new housing development on the north side of
the proposed project, and their right to speak against having this plant built by their
homes. Chairman Cook informed her that they had an opportunity to respond to the
notice that the city staff sent out to them. Mrs. Villareal then spoke about the lack of
city water and sewer in that area, and felt it was appalling that the proposed data
center would have city water and sewer, when the residents don't have water and
sewer. Chairman Cook asked if he was not mistaken, the data center, if built, would
be tying into existing lines that are adjacent to the property in question? Mr. Medellin
answered that they would be tying into existing water lines, and they would actually
be required to extend the sewer line to serve the data center property. Chairman
Cook said that the city is not providing additional services within this parcel of land.
He also stated that Mrs. Villareal should speak with her counselor in regards to the
fact that they have not received access to water and sewer when the residents were
promised that when the area was annexed.
Chairman Cook asked if there was any other public discussion. No one else had any
questions or comments.
Chairman Cook closed the public hearing at 3:15pm. Then he adjourned the meeting
to go into Executive Session under Texas Government Code, Section
551 .087.hearing at 2:22 pm and asked for a motion to open the item for discussion.
Mr. Woodward made the motion with Mr. Matt Marrs seconding. With no further
The Commission returned from Executive Session, and Chairman Cook closed the
Executive Session at 3:44pm and stated that regular session will now continue.
Chairman Cook asked if there was a motion for case R24-06. Commissioner Matt
Marrs made the motion to vote, and Commissioner Alan Sizemore (Alternate)
seconded the motion.
The motion passed 9-0
PAGE 16 OF 19 PAGES
AGENDA ITEM NO. 8.A
Ordinance No.
Ordinance rezoning approximately +/- 227.25 acres of land located at 0
Northwest Freeway & 0 City View Drive, Property ID #124584, #469495, &
#123371 (227.25 Acres out of G.W. Scott Survey, Abst. 254) from Single
Family -1 (SF-1) to Light Industrial (LI) zoning district; and amend the Land
Use Plan from Low Density Residential to Light Industrial to allow for a data
center warehouse and battery storage units
WHEREAS, the Planning and Zoning Commission considered the proposed
zoning change at its October 9, 2024 meeting, and voted to recommend approval of this
request; and,
WHEREAS, the City Council has reviewed this request and has determined the
herein described zoning amendment is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . Approximately +/- 227.25 acres of land located at 0 Northwest Freeway & 0 City
View Drive, Property ID #124584, #469495, & #123371 (227.25 Acres out of G.W. Scott
Survey, Abst. 254), as depicted on the attached map incorporated in this ordinance as
Attachment "1", is hereby rezoned from Single Family 1 (SF-1) to Light Industrial (LI).
2. The area on the Land Use Map, as depicted on the attached map incorporated in
this ordinance as Attachment "2", is hereby amended to change the area from Low
Density Residential to Light Industrial.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 17 OF 19 PAGES
AGENDA ITEM NO. 8.A
Attachment "1 "
Limited
Commercial Proposed Rezone from N
Single Family Single Family-Ito
Light Industrial
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R 24-06 Legend
Property ID #124584 & #469495 'emu Zoning Boundary
Rezone Map _ Subject Properties
CITY OF WCHITA FALLS,PLANNING DIVISION �
MAP PRODUCED BY:Cedric Hu ' Z�G7.I Rezone Area
DATE PRODUCED:19 September 2024 I T�T�Tr
Parcels
PAGE 18 OF 19 PAGES
AGENDA ITEM NO. 8.A
Attachment "2"
Light ; Low Density
Commercial 1 r —N
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Property ID #124584 & #469495 Legend
Land Use Map Ein Land Use Plan Boundary
CITY OF WCHITA FALLS,PLANNING DIVISION
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DATE PRODUCED:18 September 2024
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PAGE 19 OF 19 PAGES
AGENDA ITEM NO. 8.A
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Ordinance amending the Fee Ordinance to allow for the water
connection application deposit to be waived for active-duty military
personnel.
INITIATING DEPT: Finance
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Support a Thriving Sheppard Air Force Base
COMMENTARY: This proposed change helps reduce the initial out-of-pocket financial
burden of service members who experience numerous permanent changes of station
during their military careers. This recommendation came from our Utility Billing Manager,
Garry Capron. Based on his experience with these accounts, military personnel have a
very high rate of keeping their accounts current. Also, the process for refunding the
deposit sometimes becomes a challenge as military personnel moves are often overseas.
About 1 ,100 permanent party members, which are those personnel that are not in training,
arrive at Sheppard Air Force Base each year. This change is a customer-friendly
approach to make that transition to our community easier for those applying for utility
services in Wichita Falls.
The proposed amendment is to section 11 b-5 (1)Water Connection Application Deposits:
Fees & Minimum Deposits and is highlighted in bold text below.
11 b-5. Water Connection Application Deposits:
(1) Fees & Minimum Deposits:
• Single-Unit Residential Meters $100.00
• Duplexes, Apartments, Mobile Home Park Meters
o Each Unit or Occupiable Space $75.00
o Minimum $110.00
• Business, Commercial, and Industrial Meters Estimate of a two-
month bill, $110.00 minimum
• Special-Purpose Meters (e.g. Yard Sprinklers, Pools) $75.00
per service connection
• Deposit requirements shall be waived for active-duty military
personnel
(2) Builder Deposit for New Construction Site $110.00
® CFO/ Director of Finance
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 8.B
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 8.B
Ordinance No.
Ordinance amending the Fee Ordinance to allow for the water
connection application deposit to be waived for active-duty military
personnel
WHEREAS, military personnel are subject to frequent permanent changes of
station (PCS) throughout their military careers, often resulting in additional out-of-pocket
expenses that place a financial burden on these individuals; and,
WHEREAS, military relocations frequently involve overseas assignments, which
can complicate the process of refunding utility deposits for those who have left the area;
and,
WHEREAS, the proposed amendment to Section 11 b-5 of the Water Connection
Application Deposits will waive the deposit requirement for active-duty military personnel,
offering a customer-friendly policy to support these individuals and ease their transition
into the community; and,
WHEREAS, this amendment aligns with the City's commitment to providing
supportive services to our military population and reducing initial financial barriers for
those applying for utility services.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council hereby amends Section 11 b-5 of Ordinance No. 50-2024 to allow
for the waiver of a deposit for water connections for active duty military personnel.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 8.B
CITY COUNCIL AGENDA
November 05, 2024
ITEM/SUBJECT: Ordinance amending Chapter 14, Animals, in specific sections, and
providing for codification.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Reinforce a Culture of Superior Customer Service
COMMENTARY: The Animal Ordinance sets the standards for those owning an animal
within the city limits as well as laws enforced by Animal Control and followed at the Animal
Services Center. The last substantial update was made in 2019. The proposed ordinance
revision is not a full revision.
The proposed changes to the ordinance are as follows:
• Reduces the requirements for adopting an animal from the Animal Services Center
by removing the requirement to have other animals in the home of a potential
adopted spayed/neutered. Amends 14-14 (3), animal adoption policies. In the
event that the animal being adopted is less than six weeks of age, opposite sex &
same species animals will be required to be spayed/neutered. Adds 14-14 (5),
animal adoption policies.
• Reduces restrictions regarding quarantine of an owned animal by allowing for
home quarantine in more circumstances. The proposed ordinance rolls back
restrictions and would allow home quarantine when certain provisions are met.
These include that the animal must be current on its rabies vaccination, must not
have been at-large at the time of the bite or scratch, and the owner is able to
adequately confine the animal. The LRCA, or designee, will work with the citizen
to review criteria and inspect the location to determine if the requirements are met.
The owner would be responsible for monitoring the animal and reporting any
issues that may arise during the 10-day quarantine. Amends 14-431 (c),
quarantine of biting or attacking animals or livestock. Adds language to 14-431 (g),
only requiring animals that are quarantined at the Animal Services Center to be
spayed/neutered; changes prior requirement from all quarantine animals, and
extends the timeline from 20 days to 30 days.
• Allows for a waived owner surrender fee when a person is surrendering their litter
of puppies or kittens if the individual has not surrendered an animal in the past 36
months and the owner has the mother dog spayed within 30 days. Adds section
14-10 (e), owner surrendered animals.
• Adds a requirement for a person surrendering their litter of puppies or kittens to
have the mother dog spayed within 30 days if they have surrendered an animal in
the 36 months prior. Adds section 14-10 (f), owner surrendered animals.
PAGE 1 OF 69 PAGES
AGENDA ITEM NO. 8.0
• Adds a requirement for individuals surrendering their litter of puppies or kittens to
take the Responsible Pet Owner Course if they have surrendered an animal in the
36 months prior. Adds section 14-10 (g), owner surrendered animals.
• Adds clarifying language that citations may be issued for failure to take a mandated
Responsible Pet Owner Course; currently only stated for those who receive
reduced or waived fees who do not take the course. Adds section 14-17 (d)(3),
responsible pet owner.
• Allows an additional 10 days for required spay/neuter (from 20 days to 30 days).
Amends 14-373 (b), the right of owner to reclaim; fee.
• Moves seizure warrant information to the 'in general' section from the `permits'
section to allow for enforcement related to the entire ordinance; adds clarifying
language. Moves 14-121 to 14-19; adds language to (a) through (d).
The Board of Health and Animal Shelter Advisory Committee have both voted
unanimously to recommend approval of this ordinance modification.
Effective Date: December 06, 2024
Staff recommends approval of the ordinance.
® Director of Health
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 69 PAGES
AGENDA ITEM NO. 8.0
Ordinance No.
Ordinance amending Chapter 14, Animals, in specific sections, and
providing for codification
WHEREAS, the Health District is the Regulatory Authority for the City of Wichita
Falls; and,
WHEREAS, the Health District recommends revision of the existing Animal
Ordinance to promote and protect the health and safety of all animals and citizens; and,
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an Animal
ordinance that promotes and protects the health and safety of all animals and citizens in
the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . Chapter 14, Animals, of the Code of Ordinances of the City of Wichita Falls is
hereby amended in specific sections to read as follows:
ARTICLE I
IN GENERAL1
§ 14-1. Definitions.
The following words, terms, and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Abuse. To mistreat through intent or neglect any animal, fowl, livestock, or wildlife in
a manner that causes or is likely to cause stress or physical injury, as provided in
Texas Penal Code §42.092, or as otherwise stated in this chapter.
Animal. Any living organism of the Kingdom Animalia that breathes and feeds on
organic material. When used in this chapter the term "animal" includes, but is not
limited to, dogs, cats, livestock, fowl, vertebrates, fish, and hermit crabs.
Animal care officer (ACO). An employee of the City of Wichita Falls, Texas, who is
authorized to enforce all state laws and city ordinances as they pertain to animals.
Animal clinic. Any private or public facility, either non-profit or for hire, that provides
veterinary services such as vaccinations and spay/neuter services for dogs and
cats.
Animal foster home. Any residence that is registered with a rescue for the purpose
of temporarily housing domestic animals in need of adoption into a permanent
household. The foster home must be inspected and approved by the rescue group
and may be subject to inspection by Animal Services Center staff at any time.
PAGE 3 OF 69 PAGES
AGENDA ITEM NO. 8.0
Animal foster home caregiver. A person who harbors fostered animals through an
ASC approved rescue group.
Animal services center (ASC). The Wichita Falls Animal Services Center or other
facility designated by the city council as the municipal animal shelter to be used for
the housing of any animal impounded by an animal care officer or any employee of
the ASC.
At-large. Any animal, including fowl or livestock, not restrained by some physical
means to the premises of its owner or harborer/caretaker. An animal shall not be
considered at-large when held and controlled by some person by means of a leash
or chain of proper strength and length to control the actions of the animal, fowl or
livestock. An animal shall not be considered at-large when participating in a show,
competition, or training program. A licensed cat meeting the requirements in section
14-297 or a cat harbored as a member cat of a registered cat colony or a non-
member feral cat shall not be considered at-large unless they are creating a public
nuisance or unaltered.
Authorized veterinary clinic. A clinic that has been pre-approved by the health district
to offer for sale animal license tags to their clients.
Cat colony location. The location at which a feral cat caregiver provides food, water,
or shelter to feral cats in compliance with the cat colony guidelines herein.
Circus. A commercial variety show featuring animal acts for the public.
Commercial animal establishment. Any pet store, petting zoo, grooming business,
riding school, stable, zoological park, circus, performing animal exhibition, or kennel.
Cruelly treated. Includes tortured; seriously overworked; abandoned; deprived of
adequate food water, care, or shelter; cruelly confined; or caused to fight with
another animal.
Curtilage. Any land or building immediately adjacent to a dwelling that is directly and
intimately connected with the habitation.
Dangerous animal. An animal other than a dog that the director determines to be a
danger to human life, health, or safety.
Dangerous dog. A dog that makes an unprovoked attack on a person or animal that
causes bodily injury and occurs in a place other than the enclosure in which the dog
is normally kept or was being kept or commits unprovoked acts in a place other than
the enclosure in which the dog is normally kept or was being kept, and those acts
cause a person to reasonably believe that the dog will attack and cause bodily injury
to that person or to another animal.
Director. The health director of the Wichita Falls-Wichita County Health District or his
or her designee.
Distance between structures. A straight line from the nearest point of the shed,
stable, barn, pen, enclosure, fence, or area in which the animal is contained to the
nearest point of such actual residence or building used for human habitation.
PAGE 4 OF 69 PAGES
AGENDA ITEM NO. 8.0
Ear tipping. The surgical removal of a quarter-inch from the top of a feral cat's
left (or occasionally right)ear by a licensed veterinarian while the cat is anesthetized
for spaying/neutering for the purpose of identifying a feral cat as having been
evaluated, vaccinated, and spayed/neutered.
Enclosure. An area sectioned off by a fence or wall secured on all sides to
prevent escape.
Equine. Any animal in the horse family, including but not limited to horses,
donkeys, and zebras.
Feral cat. Any cat that is not socialized towards humans, is born in the wild, or is a
formerly owned cat that has been abandoned, or a cat that lives in the community
that is not owned by humans, and is sometimes referred to as a free-roaming or
street cat.
Feral cat caregiver. A person who harbors feral cats in compliance with the permitted
feral cat management guidelines contained herein.
First offender. A person that has received a citation for an animal related offense
occurring in the city limits of Wichita Falls for the first time.
Fostered animal. An animal residing in a foster home registered and approved by an
ASC approved rescue group until its adoption into a permanent household.
Fowl. Includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl,
and other domestic feathered creatures regardless of age or sex, except parakeets,
canaries, or similar small-size birds, or any exotic birds, such as parrots, provided
they are continuously confined within the residence or business of the
owner/harborer.
Grooming. The hygienic care and cleaning of an animal, which includes but is not
limited to keeping a dog or cat's nails trimmed to an appropriate length and keeping
hair and fur free of mats and burrs. Hair shall be maintained in a manner allowing
the animal to have a clear line of sight.
Grooming business. A commercial business establishment including a mobile
grooming unit where animals, for a fee, are bathed, clipped, or combed to enhance
their aesthetic value, health, or both.
Harbor. To provide any animal, fowl, livestock, or wildlife with food,
water, or shelter.
Impoundment. To take an animal into custody by a City of Wichita Falls ACO or
other employee of the ASC. Impoundment begins at the time any ACO or employee
of the ASC takes control of the animal.
In season. During the stage of estrus or heat.
Kennel. Any lot, building, structure, enclosure, or premises used for commercial
purposes wherein one or more dogs and/or cats, 16 weeks of age or older, are kept
PAGE 5 OF 69 PAGES
AGENDA ITEM NO. 8.0
or maintained for profit, including animal daycare facilities and veterinary
clinics/hospitals.
Livestock. A domestic animal generally used or raised on a farm for profit or use,
including but not limited to bovine, equine, sheep, goats, swine, or any other animal
defined as livestock by the state agriculture code, whether commonly domesticated
or not.
Livestock production area. Any parcel of land within the city limits in excess of 25
acres that is used to raise livestock.
LRCA. Local rabies control authority.
Member cat. A feral cat that is part of a permitted feral cat colony.
Microchip. An identifying integrated circuit device placed under the skin of an animal
and containing information regarding that animal, including the identity and address
of the owner, which can be read with a scanner capable of reading information from
identifying integrated circuit devices.
Neutered. Any male animal rendered incapable of breeding by castration.
Official notice. Written notice delivered in person by an ACO or sent by certified mail,
return receipt requested, addressed to the last known address of the recipient by
either an ACO or an ASC designee.
Owner. A person who owns, keeps, shelters, maintains, feeds, harbors, or has
temporary or permanent custody of a domestic or prohibited animal, or who
knowingly permits a domestic or prohibited animal to remain on or about any
premises over which that person has control. The term shall include a person who
harbored, fed, or sheltered the animal for seven (7) consecutive days or more.
Performing animal. Any animal which is used at, or for the purpose of any
entertainment to which the public are admitted.
Performing animal exhibition. Any spectacle, display, act, or events other than
rodeos in which animals, fowl, livestock, or wildlife perform.
Permitted feral cat colony. Five or more feral cats that live together in one territory,
often near food sources and shelter, under the supervision of a particular feral cat
caregiver in compliance with the permitted feral cat management guidelines
contained herein.
Pet store. Any person, partnership, company, or corporation, whether operated
separately or in connection with another business enterprise, that buys or sells any
species of animal.
Petting zoo. A collection of animals for people to pet and feed.
Potbellied pig. A Vietnamese potbellied pig. Under no circumstances shall any
swine be considered a potbellied pig if its weight exceeds 125 lbs.
PAGE 6 OF 69 PAGES
AGENDA ITEM NO. 8.0
Private animal shelter. An establishment that provides a temporary home for dogs,
cats, and other animals that are offered for adoption or rescue. Municipal shelters are
excluded from this definition.
Prohibited animal.
(1) Any wild or exotic animal or any animal not normally born and raised in
captivity including, but not limited to the following:
a. Reptiles: venomous lizards, venomous snakes, crocodiles, alligators,
caimans, and gharial;
b. Mammals:
1. Felines (such as lions, tigers, bobcats, jaguars, leopards, and
cougars), except commonly domesticated cats;
2. Canines (such as wolves, dingos, coyotes, foxes, jackals, and
any hybrid of a canine), except commonly domesticated dogs;
3. Mustelids (such as weasels, skunks, martins, minks, badgers,
and otters) except ferrets;
4. Procyonids (such as raccoons and coati);
5. Bears;
6. Marsupials (such as kangaroos, opossums, koala bears,
wallabies, bandicoots, and wombats);
7. Bats;
8. Sloths, anteaters, armadillo, and related species;
9. Elephants;
10. Primates (such as monkeys, chimpanzees, orangutans, and
gorillas);
11. Rodents (such as beavers and porcupines), except commonly
domesticated rodents kept as pets including hamsters, gerbils,
guinea pigs, rats, mice, and chinchillas;
c. Amphibians: Poisonous frogs.
(2) Does not include nonpoisonous reptiles or nonpoisonous amphibians.
(3) Does not include livestock, fowl, or normal household pets such as, but not
limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils,
rabbits, fish, or small nonpoisonous reptiles, snakes, or amphibians.
Public nuisance. Any action or condition that has the potential to affect the health,
safety, or welfare of the public, including the following:
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AGENDA ITEM NO. 8.0
(1) Any animal, fowl, or livestock that molests, chases, or attacks passersby
or passing vehicles;
(2) Any animal, fowl, or livestock that molests, chases, or attacks other
animals;
(3) Any animal, fowl, or livestock that trespasses on school grounds;
(4) Any animal, fowl, or livestock that is repeatedly at-large (i.e., two (2)
or more times per 36-month period) while being owned/harbored by the
same person;
(5) Any animal, fowl, or livestock that damages or defiles private or public
property;
(6) Any animal, fowl, or livestock that barks, whines, howls, crows, or
makes other noise in an excessive or continuous fashion;
(7) Any dog or cat that is unconfined in season;
(8) Any animal, fowl, or livestock that has been deemed a dangerous animal
and not confined as required by this chapter;
(9) Fecal matter, garbage, or other organic wastes deposited, stored,
discharged, or exposed in such a way as to be a potential instrument or
medium in disease transmission;
(10) A condition or place that is a breeding ground for flies;
(11) A collection of water in which mosquitoes are breeding;
(12) A place or condition harboring rats;
(13) An object, place, or condition that is a potential medium of disease
transmission to humans;
(14) Any animal, fowl, or livestock which damages, soils, defiles, urinates, or
defecates on private property other than the owners;
(15) Providing food or water to a feral cat that is not associated with a
permitted cat colony or a nonmember feral cat;
(16) A place or condition that has the potential to produce obnoxious or foul
odors.
Rabies. An acute viral disease of dogs, humans, and other mammals affecting the
central nervous system usually transmitted through the saliva of an infected animal
by a bite or scratch.
Rescue group. An organization approved by the director or his or her designee
whose mission is to take unwanted, abandoned, abused, or stray animals and
attempt to find them suitable homes.
PAGE 8 OF 69 PAGES
AGENDA ITEM NO. 8.0
Residence. Any place of human habitation at any time, day, or night, including but
not limited to any residence, church, school, convalescent center, or nursing home.
Responsible pet owner program. The program conducted by ASC staff to provide
education on animal- related city ordinances and state laws.
Restrained. Any animal secured by a leash or lead held by the owner or responsible
party or physically confined within the property limits of its owner. Physical
confinement must be appropriate in height and strength to confine the animal(s) on
the property. Invisible fencing, remote control collars, and voice commands are not
recognized as proper restraints for animals.
Riding school and stable. Any place that has horses, ponies, donkeys, mules, or
burros available for hire, boarding, and/or riding instruction.
Sanitary. Any condition of good order and cleanliness that discourages and limits
disease transmission. Spayed. Any female animal rendered incapable of being
bred by removal of the ovaries.
Vaccination. An injection of a vaccine, including but not limited to rabies, which is
approved by the U.S. Department of Agriculture, Veterinary Biologics Division, State
Veterinarian, and administered as required by state law.
Veterinarian. Any person duly licensed to practice veterinary medicine by the state
board of veterinary examiners.
Veterinary clinic/hospital. Any establishment maintained and operated by a licensed
veterinarian for surgery and/or diagnosis and treatment of diseases and injuries of
animals, fowl, livestock, or wildlife including but not limited to a mobile or outpatient
clinic.
Wild animal (wildlife). Any nondomestic creature (mammal, amphibian, reptile, or
fowl) that is of a species that is wild by nature and that can normally be found in the
wild state and that is not naturally tame or gentle but is of a wild nature or disposition;
or that, because of its size, vicious nature and other characteristics, would constitute
a danger to human life or property, if not kept or maintained in a safe and secure
manner. Such creatures include, but are not limited to, all nonhuman primates and
all forms of venomous reptiles and nonvenomous snakes that will exceed a length of
six feet when mature. Excluded from this definition are hamsters, gerbils, ferrets,
domesticated breeds of rabbits, guinea pigs, rats, mice, newts, and salamanders.
Zoological park. Any facility, other than a pet store or kennel, displaying or exhibiting
one or more species of animals, fowl, livestock, and wildlife, operated by a person
or under the auspices of a government agency or possessing an unrevoked
municipal zoological park permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
i. State Law Reference—Health And Safety Of Animals, Texas Health And Safety Code §
821.001 Et Seq.; Regulation Of Animals, Texas Health And Safety Code § 822.001 Et Seq.;
Rabies Control, Texas Health And Safety Code § 826.001 Et Seq.; Dog And Cat Sterilization,
PAGE 9 OF 69 PAGES
AGENDA ITEM NO. 8.0
Texas Health And Safety Code § 828.001 Et Seq.; Animal Control Officer Training, Texas
Health And Safety Code §829.001 Et Seq.; Cruelty To Animals, Texas Penal Code §§ 42.09,
42.092; Attack On Assistance Animals, Texas Penal Code § 42.091; Dogfighting, Texas
Penal Code § 42.10.
§ 14-2. Incorporation by reference.
Any reference made in this chapter to any other law, statute, code, ordinance, rule
or regulation is intended to incorporate such material as it presently exists and also
any future amendments, changes, revisions, repeals or recodifications of such
material, unless otherwise expressly provided.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-3. Violations; penalties.
(a) Any violation, disobedience, omission, neglect, failure, or refusal to comply with
the enforcement of any of the provisions of this chapter shall be punishable by
a fine not to exceed $2,000.00 for each violation. Unless otherwise specifically
stated in this chapter, any violation of this chapter that is punishable by a fine
that does not exceed $500.00 does not require a culpable mental state, and a
culpable mental state is hereby not required to prove any such offense. Unless
otherwise specifically stated in this chapter, any violation of this chapter that is
punishable by a fine that exceeds $500.00 shall require a culpable mental state
as specified by §6.02(c) of the Texas Penal Code. Each day that a violation is
permitted to exist shall constitute a separate offense.
(b) If any person is found guilty of having violated any provision of this chapter, any
permit held by such person may be revoked as provided in this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-4. Responsibility for enforcement; police powers.
The local rabies control authority, local health authority, the animal care officers and
other authorized employees of the health district shall have all of the powers and
authority of peace officers to the extent only, and no further, of enforcing state
statutes and regulations, this chapter of the city ordinance and other city ordinances
relating to animals, fowl, livestock and wildlife. No person shall interfere in any
manner or give false information to the above-stated employees in the performance
of their duties.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-5. Interference with duties.
(a) A person commits an offense if he prevents, interferes with, obstructs, or gives
false information to the above-stated individuals in the performance of their
duties.
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AGENDA ITEM NO. 8.0
(b) A person commits an offense if he fails to comply with any lawful order of the
above-stated individuals during the enforcement of this chapter or federal or
state laws.
(c) A person commits an offense if he makes a claim of ownership for an animal
that he knows is false.
(d) A person commits an offense if he makes a report of a violation of this chapter,
or federal, or state law that he knows to be false.
(e) A person commits an offense if he physically constrains the movement of any
above-stated person or their equipment or vehicle by placing any part of the
person or person's property in the way of the above-stated person's progress
in the performance of their duties.
(f) A person commits an offense if he releases or causes an animal to be released
after an animal care officer has impounded the animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-6. Entry of private premises.
(a) If persons keeping animals, fowl, livestock or wildlife within the city, after
request of the health district or an ACO, refuse to permit access to the areas or
places where such animals, fowl, livestock or wildlife are kept, the ACO shall
seek the necessary court authorization to enter the premises.
(b) If the ACO has reasonable suspicion to believe that the life of the animal may
be in imminent danger, the ACO may enter the curtilage of the premises to
correct the threat to the animal's life so long as damage to property can be
avoided.
(c) An ACO who has probable cause to believe an animal is in immediate danger
may remove the animal from the situation by the quickest and most reasonable
means available.
(d) For purposes of discharging the duties imposed by the provisions of this chapter
or other applicable laws, an ACO who has probable cause to believe an animal
is in immediate danger may enter upon private property to the full extent
permitted by law.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-7. Additional enforcement methods.
If any person is found guilty of cruelty to any animal, wildlife, fowl, or livestock under
municipal, state or federal law, his permit to own, keep, harbor, or have custody of
such animal, fowl, wildlife, or livestock shall be deemed automatically revoked and
no new permit or license may be issued.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
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AGENDA ITEM NO. 8.0
§ 14-8. Keeping venomous reptiles.
It shall be unlawful for any person to breed, raise, keep, or have in his possession
any venomous reptile within the corporate city limits, except a venomous reptile kept
by a permitted educational or scientific institution. These institutions will be subject
to initial approval and periodic inspections by the director of health or his or her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-9. Disposal of deceased animals and livestock.
(a) Deceased livestock shall be lawfully disposed of within 24 hours of discovery
by or notification of the responsible party. All costs associated with disposal
shall be borne by the responsible party. The responsible party will be
determined by the health director or his or her designee.
(b) A reasonable disposal fee will be charged for the requested collection and
disposal of each small deceased animal, including dogs and cats. This fee
shall be paid to the ASC. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-
2022 adopted 4/19/22)
§ 14-10. Owner surrendered animals.
(a) Individuals must show proof of ownership and valid government-issued ID
showing they live within the city limits.
(b) Any owner wishing to relinquish an unwanted animal to an ACO or other
authorized employee of the ASC must schedule an appointment for an intake
interview prior to bringing the animal to the shelter.
(c) Any owner wishing to relinquish an unwanted animal to an ACO or other
employee of the ASC will be charged a fee.
Any owner who surrenders an animal to animal services will be unable to adopt
an animal from the shelter for one year. Exceptions to this would include
animals who are sick (not thriving), elderly, or aggressive.
(e) Individuals surrendering their litter of puppies or kittens who have not
previously surrendered one (1) or more of their animals within the past thirty-
six (36) months may have their owner surrender fee waived if they schedule
and pre-pay for an appointment for the mother dog to be spayed, to occur
within thirty (30) days of the litter's surrender. Failure to spay the animal will
result in being billed for the previously waived fees. Citations may be issued
for failure to pay within 30 days from the invoice being issued.
(f) Individuals surrendering their litter of puppies or kittens who have previously
surrendered one (1) or more of their animals within the past thirty-six (36)
months shall be required to schedule and pre-pay for an appointment for the
mother dog to be spayed, to occur within thirty (30) days of the litter's
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AGENDA ITEM NO. 8.0
surrender. Said appointment must include the administration of rabies
vaccination, if due, and the acquisition of a city license.
( }(�) Additionally, individuals surrendering their litter of puppies or kittens who
have previously surrendered one (1) or more of their animals within the past
thirty-six (36) months are mandated to attend a Responsible Pet Owner Class
at a future date and time but within 60 days.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-11. Noise.
No person shall harbor any noisy animal, fowl, livestock, or wildlife of any kind that
makes an unreasonable disturbance to the peace of the occupants of an adjacent
premises or the vicinity thereof, including the making of unusual noises by howling,
barking, or bawling.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-12. Removal of waste.
The owner, caretaker, harborer, or possessor of every animal shall be responsible
and required to immediately and properly dispose of excreta deposited by the animal
on public walks, recreation areas, public, or private property.
(1) It shall be the responsibility of the owner or their appropriate representative of
any multifamily living complex to enforce or remove waste deposited by any
animal being housed/harbored on such property.
(2) An owner commits an offense if they:
a. Knowingly allow the animal to enter or be present on private property or on
property located in a public place and fails to have in their possession
materials or implements that, either alone or in combination with each
other, can be used to immediately and in a sanitary and lawful manner both
remove and dispose of any excreta the animal may deposit on the property.
b. Do not dispose of any excreta deposited on any property owned or
possessed by that person, caretaker, or possessor of any animal at a
frequency of at least weekly or more often as needed to prevent a public
health nuisance.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-13. Shooting or catching wild birds.
(a) It shall be unlawful for any person to shoot, attempt to shoot, or kill with an air
rifle, bow and arrow, slingshot, firearm, or other means any wild bird within the
city limits.
(b) It shall be unlawful for any person to or catch or attempt to or catch, by any
means whatsoever, any wild bird within the city unless such catching is first
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AGENDA ITEM NO. 8.0
approved by the health director.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-14. Animal adoption policies.
(a) An individual seeking to adopt an animal through the city's ASC must comply
with the following requirements:
(1) Applicants may not have a history of complaints of cruelty or neglect.
(2) Applicants may not have reclaimed their current animals, if any, from ASC
more than once in the previous 12-month period.
(3) All animals in the home must be spayed/neutered and current on
vaccinations and city licenses prior to the applicant being approved for
adoption.
Once an applicant has been approved by the ASC to adopt an animal, the
applicant must make and pre-pay for an appointment with the veterinarian
of their choice to have the animal spayed/ neutered. Proof of the paid
appointment must be submitted to the ASC prior to the adoption of the
animal.
(4}(5) In the event that an animal less than six ( ) weeks of age is to be
adopted, it shall be required that any animals of the opposite sex and
same species currently residing within the applicant's household must
have been spayed or neutered prior to the release of the animal from
animal services.
(b) Once all of the requirements for adoption have been met, ASC staff will deliver
the adopted animal to the chosen veterinary clinic the morning of the
spay/neuter appointment. ASC staff will microchip the animal prior to the animal
leaving the building and enter that information into the electronic records
system. While the animal is at the veterinary clinic being spayed/neutered, the
animal will receive a rabies vaccination administered by the veterinarian and
paid for by the approved applicant. The applicant may pick up the animal from
the veterinary clinic after the animal has been spayed or neutered, and all
additional actions have been undertaken by ASC and the designated
veterinarian.
(1) Proof of spay/neuter must be provided to the ASC no later than ten (10)
days from the date of the animal being spayed/neutered.
(2) Proof of rabies vaccination and city license must be returned to the ASC
no later than ten (10) days after the animal has been adopted.
(3) If the animal is deemed too young to be spayed/neutered, the adopter shall
schedule and prepay for a spay/neuter appointment at the veterinarian of
their choice and bring in proof of the appointment and paid services to the
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AGENDA ITEM NO. 8.0
ASC prior to the animal leaving the shelter. It shall be unlawful for a person
who has adopted an animal from the city to fail to provide proof of spay/
neuter to the ASC within ninety (90) days after adoption.
(4) If the animal is under four months of age at the time of adoption, the puppy
or kitten must receive a rabies vaccination at approximately four months of
age. ASC staff will approximate age and timeline for rabies vaccine to be
given. The adopter shall return the proof of vaccination to ASC no later than
ten days from the date that the animal receives the vaccination. It shall be
unlawful for a person who has adopted an animal from the city to fail to
provide proof of rabies vaccination to ASC within ninety (90) days after
adoption.
(5) If a licensed veterinarian determines spay/neuter and/or vaccination would
be detrimental to the health of the adopted animal, documentation from the
licensed veterinarian must be submitted, and requirements will be waived.
(6) If an animal is determined by a veterinarian to have a short-term medical
issue detrimental to the health of the animal and requires a delay in
spay/neuter the adoption supervisor or their designee shall communicate
with potential adopter an agreement for care to include a treatment plan
from a veterinarian.
(7) If the adopter chooses to utilize a veterinarian located outside the city limits
but within 30 miles of the ASC they will be assessed an additional fee to
cover the cost of delivery of the animal to the veterinarian.
(c) The director of health has the authority to waive or reduce adoption fees
for special events or promotions.
(d) Pets and vets program. Adoption fees for any animal available at the city
animal services center will be waived for any U.S. Veteran who meets the
following requirements:
(1) Veterans shall meet all other requirements for adoption, including the
spay/neuter surgery at the veterinarian of their choice; and
(2) Veterans shall present one of the following documents that pertain to their
military service:
a. Veteran identification card;
b. State-issued license with a veteran designation;
c. Form DD214 military discharge certificate;
d. Honorable discharge certificate;
e. Letter from the U.S. Military Center; or
f. Letter from the Department of Veterans Affairs Services and Benefits
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AGENDA ITEM NO. 8.0
Program.
(3) If at any time, an adopter is unable to keep their animal, they can return
the animal to the ASC without penalty. If they chose to rehome the animal
on their own, they must provide the ASC the new owner's information
within 14 days of the transfer of ownership and update the microchip and
license information.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-15. Barn cat adoption program.
An individual seeking to adopt barn cats through the city's animal services barn cat
adoption program must comply with the following requirements in addition to the
requirements of section 14-12:
(1) Barn cats must be adopted in pairs.
(2) Applicants must agree to provide a safe, permanent outdoor home with one or
more areas of weatherproof shelter, daily food, and water, and provide for any
ongoing veterinary costs associated with ownership prior to being permitted to
adopt any barn cat.
(3) Applicants must provide an escape-proof room or enclosure for each cat for a
minimum of a two- week period after adoption to allow the barn cat to acclimate
to its new location. This enclosure can be a tack room, garage, coop, or XXL
dog crate. Applicants must relocate each barn cat to the enclosure immediately
following pick up of the animal from the veterinarian in accordance with the
requirements of section 14-12 and keep the animal in the enclosure for the
designated period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-16. Animal ownership.
No person shall own, keep, maintain, or harbor five or more dogs and/or cats in
aggregate per property address, including any dwelling that is an extension of the
address, without a permit as set forth in article III - permits.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-17. Responsible pet owner, the purpose of the program.
(a) The responsible pet owner program established in this article is designed to
reduce the incidence of repeat offenders and educate participants about the
responsibilities entailed in owning a pet in an urban environment. The program
stresses the "good neighbor" concept of responsible pet ownership and gives
participants information on the role of the ACO in the community.
(b) Program established; availability to pet owners.
(1) Established. The responsible pet owner program shall be established
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AGENDA ITEM NO. 8.0
by the health district and the ASC.
(2) Availability. The responsible pet owner program may be made available
to all pet owners residing within the territorial limits of the city, and shall
be offered at the discretion of the ASC based on availability.
(c) Eligibility.
(1) Any citizen residing within the city limits is eligible to participate in the
program based on space availability.
Owners may be mandated to participate in the responsible pet owner
program at the discretion of the health director or their designee.
(d) Fees and penalties.
(1) The fee for a first impoundment may be waived or reduced for owners
demonstrating financial need who sign up and successfully complete this
class.
Failure of an owner who received reduced or waived fees to complete the
program within 30 days may result in the issuance of a citation. Said owner
will also be responsible for paying the difference between the impound fee
and any waived or reduced fee.
(-24(3) Any individual mandated to take the responsible pet owner program
who does not complete the program within 30 days of the assigned date
may be issued a citation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-18. Duty to locate owners of loose dogs or cats.
A person commits an offense if he takes possession of an at-large dog or cat within
the city and knowingly fails to make within 72 hours after taking possession, a
reasonable effort to locate the owner by:
(1) Calling the telephone number listed on the animal's tags.
(2) Taking the animal to ASC, a licensed veterinarian or other animal agency with
a microchip scanner to be scanned for a microchip, checked for a tattoo or other
identification screening and attempting to contact the owner if identified through
the screening.
(3) Making a found report to ASC including contact information, description of the
animal, and location of where the animal was found.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-19. Seizure warrant
(a) In the event of non-compliance with any provision of this ordinance or any lawful
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AGENDA ITEM NO. 8.0
request issued thereunder, the Health District may seek and obtain a seizure
warrant.
(b) Upon issuance of the seizure warrant, the Health District is empowered to enter
the property in question and remove any and all animals subject to the warrant.
This shall include any equipment or food necessary to maintain the health of the
specific animals while in custody of the Health District.
(c) The seizure warrant shall be executed in accordance with the procedures
established by law, ensuring due process and the protection of the rights and all
policies involved.
(d) All costs associated with the seizure and subsequent care of the animals shall
be the responsibility of the property owner or responsible party, as determined
by the Health District.
§14-20 Through § 14-40. (Reserved)
ARTICLE II
DOG AND CAT VACCINATION AND LICENSING2
DIVISION 1
GENERALLY
§ 14-41. Vaccination required.
(a) No person shall own, possess, or harbor any dog or cat 16 weeks of age or
older unless it has been vaccinated against rabies in accordance with this
section and state law.
(b) Rabies vaccination shall be repeated in accordance with state laws and
regulations.
(c) The owner of any unvaccinated dog, cat, or ferret reclaimed from the ASC must
purchase a rabies voucher from the ASC before leaving the center. The owner
will be required to have the animal vaccinated within ten (10) days and proof of
vaccination should be immediately returned to the ASC. Failure to vaccinate the
animal or provide a valid rabies vaccination certificate is a violation of the local
ordinance and state law and will result in a citation.
(d) Pet owners are required to provide proof of an animal's current rabies
vaccination when requested by an animal care officer. Proof shall be shown by
providing a valid copy of the animal's rabies certificate provided by a licensed
veterinarian. A rabies tag is not valid proof of a rabies vaccination.
PAGE 18 OF 69 PAGES
AGENDA ITEM NO. 8.0
State law reference—Vaccination required Texas Health and Safety Code
§§ 826.021, 826.022. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-42. Through § 14-70. (Reserved)
2. State Law Reference—Registration Of Dogs And Cats, Texas Health And Safety Code §
826.031 Et Seq.; Rabies Control, Texas Health And Safety Code § 826.001 Et Seq.
DIVISION 2
DOG OR CAT LICENSES
§ 14-71. License required.
No person shall own, possess, or harbor a dog or cat 16 weeks of age or over
without obtaining a license for each animal.
(1) Pet owners shall provide proof of an animal's current city license when
requested by an animal care officer. Proof shall be provided by showing a
current city license to the officer, or providing a receipt from the veterinarian or
authorized location where the license was purchased.
(2) City license must be renewed and shall run concurrently with
rabies vaccination. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
3. State law reference—Registration of dogs and cats, Texas Health and Safety Code § 826.031 et
seq.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-72. License defenses.
It is a defense to prosecution under section 14-71 that:
(1) The owner of the dog or cat resides outside the city limits;
(2) The cat is a member of a permitted feral cat colony or a permitted non-colony
member;
(3) The dog or cat is a fostered animal; or
(4) The dog is a governmental agency police/fire dog.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-73. Certificate of rabies vaccination required for license.
A valid certificate of rabies vaccination and license fee must be presented to obtain
a license for a dog or cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
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AGENDA ITEM NO. 8.0
§ 14-74. Right to inspect.
Animal services staff, upon presentation of proper credentials, may inspect the dog
or cat and the premises of the dog or cat to ensure compliance with this chapter as
a condition for issuing and maintaining a dog or cat license.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-75. Certificate tag and fee for the license.
The fee for the license shall be set by the health district and approved by the city
council, and the fee schedule will be posted at the ASC. Animal license tags are not
transferable from one animal to another. It shall be unlawful to alter a tag or to issue
one without current rabies vaccination. If a tag is lost, a duplicate tag may be issued
by the health district, and a replacement fee charged. The health district will
monetarily compensate authorized veterinary clinics that participate in selling animal
licenses. Each authorized veterinary clinic shall submit the rabies certificate and tag
number monthly to the ASC. The ASC will invoice the veterinarian clinics monthly
for each certificate sold minus the set aside amount for selling the license.
§ 14-76. Denial of license.
(a) No dog or cat license shall be issued if the applicant falsifies information or fails
to comply with any section of this chapter.
(b) No dog or cat license shall be issued if the applicant has been convicted of
inhumane or cruel treatment to animals or has three or more convictions for
violating any section of this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-77. Issuance of license.
Upon approval of the application for a dog or cat license, a certificate and license
tag will be issued. The tag shall be of durable material, designed to be easily
fastened or riveted to the animal's collar or harness, and shall bear a number
corresponding to the number on the certificate, showing the month and year of
expiration. The ASC shall maintain a record of identifying tag numbers.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-78. Wearing of tag.
Failure of a dog or cat to wear the license tag at all times shall be prima facie
evidence that no animal license has been issued and constitutes a violation of this
section by the dog's owner, possessor, or harborer and subjects the dog to
impoundment by ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-79. Wearing of a collar or harness.
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AGENDA ITEM NO. 8.0
(a) It shall be unlawful for any dog owner to fail to provide the dog with a strong
and serviceable collar or harness to which a city license and rabies tag
described under this section are securely attached. The collar or harness with
the city license must be worn at all times, except during the time the dog is:
(1) Performing at shows, obedience trials, tracking tests, field trials,
schools, or other events sanctioned and supervised by a recognized
organization; or
(2) Is engaged in hunting or some other activity in which a collar might
endanger the safety of the dog.
(b) It shall be unlawful for any cat owner to fail to provide the cat with a collar or
harness to which a current city license and rabies tag described under this
section are securely attached. The collar provided for a cat may be a breakaway
collar to prevent the strangulation of the animal. The collar with the city license
must be worn at all times. It is a defense to prosecution that a cat is permitted
as a member of a feral cat colony, a feral nonmember cat or a designated barn
cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-80. Suspension or revocation of license.
(a) If the person holding the dog or cat license refuses or fails to comply with this
chapter or any law governing the protection of animals, official notice shall be
given of the intention to suspend the license. The license shall be revoked if
evidence shows the person is not in compliance within (7) seven days after
official notice is given.
(b) A dog or cat license is automatically revoked upon receipt of official notice for
any one or more of the following reasons:
(1) Impoundment by the city two or more times during a 36-month period.
(2) Two or more convictions of a person for violating any section of this
chapter.
(3) Any combination of impoundments and convictions totaling two incidents.
(c) Notice as required in this section is properly served when it is delivered to the
owner, caregiver, harborer, or possessor of the animal; or when it is sent by
registered or certified mail, return receipt requested, to the last known address
of the owner, caregiver, harborer, or possessor of the animal. A copy of the
notice shall be filed in the records of the regulatory authority.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-81. Removal of unlicensed animal.
If a dog or cat is unlicensed due to non-issuance or revocation of the license after
official notice, the owner/ harborer must either immediately rehome the animal or
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AGENDA ITEM NO. 8.0
transfer possession of the animal to the ASC, or it will be seized by and become the
property of the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-82. Reapplication.
Persons with a denied or revoked dog or cat license shall wait at least 60 days before
making reapplication. The application will not be accepted unless the health
director or his or her designee is satisfied that there will be compliance with this
chapter. The fee for reapplication shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-83. Through § 14-105. (Reserved)
ARTICLE III
PERMITS
DIVISION 1
GENERALLY
§ 14-106. Enforcement.
This article shall be enforced by the Animal Services Division of the Wichita Falls -
Wichita County Public Health District. All permitted/registered parties are subject to
annual inspections of animals, facilities, or dwellings. Additional inspections may
occur more frequently based on concerns or complaints received by an ACO or other
authorized employee of the health district.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-107. Permit exemptions.
(a) Veterinary clinics, veterinary hospitals, and animal clinics. Veterinary clinics,
veterinary hospitals, animal clinics, and related practices of veterinary
medicine shall be exempt from this article.
(b) Certain other facilities. Stock shows; sanctioned animal shows;
slaughterhouses; rodeo arenas; governmental agencies including public
schools, laboratories, animal reclaim centers, and research facilities
approved by the ASC may be exempt from this article.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-108. Keeping of permitted animals.
An owner, harborer, or caretaker of an animal is required to provide any animal in
their care with humane care and treatment as follows:
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AGENDA ITEM NO. 8.0
(1) Access to an adequate supply of fresh air.
(2) Access to fresh, clean, potable water.
(3) Access to species-specific food.
(4) Physical activity.
(5) Access to shelter and shade as defined in this chapter.
(6) Access to veterinary care as needed to prevent suffering.
(7) Access to grooming.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-109. Sanitation, odor, and vector control.
Every owner, possessor, or harborer of animals, fowl, and livestock, shall comply
with the following regulations and sanitation requirements:
(1) Animal waste. Approved procedures for disposing of animal waste shall be
provided. Animal excreta should be disposed of at least weekly or more often
as needed to prevent a public health nuisance.
(2) Odor and vector control required. All persons keeping animals within the city
limits shall keep all premises, pens, or enclosures in such a manner as not to
give off offensive odors or as to breed or attract flies and other insects. All
persons shall use some form of chemical control at reasonable intervals to
keep such premises free from flies, mosquitoes, ticks, fleas, and other vectors.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-110. Cage sizes.
Every owner of an animal shall confine the animal in an enclosure sufficient to
prevent it from running at-large. Such enclosure shall be of sufficient size to
maintain the animal comfortably and in good health. The animal must be able to
stand, turn around, sit, and lie down in a natural position.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-111. Inspection prerequisite to issuance of permit.
(a) An ACO shall be required to inspect the premises prior to issuing a permit
required by this article. ASC has the right to inspect the premises, including
animals, livestock, and fowl at any time during normal business hours.
Inspection shall occur annually or more often based on any complaint or
concern received by the health director or his/her designee.
(b) All dogs, cats, and ferrets owned by the permit holder or residing at the
permitted property must have a current city license and a current rabies
vaccination certificate.
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AGENDA ITEM NO. 8.0
(c) If the person requesting a permit is not the owner of the property, written and
notarized permission must be obtained from the property owner, and a copy
provided to the ASC with the initial application, and annually thereafter with
renewal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-112. Issuance, term, and application for renewal of permits.
(a) A permit required by this article shall be issued after approval of the application,
inspection of premises, and receipt of the fee. The permit shall be displayed in
a prominent place on the premises. The permit shall remain in effect for one
calendar year from the date of issuance unless suspended or revoked.
(b) Application for renewal of a permit and payment of the fee may be made one
month prior to expiration, but the effective date of the permit shall coincide with
the expiring permit date, and the fee will be for a full year from that date.
(c) Any reapplication fee that is not submitted by the due date will be subject to a
late fee, and citations may be issued for operating without a permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-113. Reclassification and fee adjustment of permits.
Any person who has a change of category under which a permit was issued pursuant
to this article shall be subject to reclassification, and appropriate adjustment of the
permit fee will be made.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-114. Denial of permit.
(a) No permit required by this article shall be issued if the applicant has:
(1) Withheld or falsified information on the application.
(2) Failed to comply with any section of this article.
(b) No permit required by this article shall be issued if the applicant has been:
(1) Convicted two or more times for violating any section or combination of
sections of this chapter.
(2) Been convicted of inhumane or cruel treatment
to animals. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-115. Reapplication period upon denial of the permit.
If a permit required by this article is denied, reapplication cannot be made for at least
sixty (60) days. Each reapplication shall be accompanied by a fee in addition to the
permit fee. The reapplication fee is nonrefundable.
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AGENDA ITEM NO. 8.0
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-116. Suspension of the permit.
(a) The health district may, upon official notice, suspend a permit issued pursuant
to this article for the following reasons:
(1) Animals are being deprived of necessary food, water, care, or shelter, as
outlined in this chapter.
(2) Animals are cruelly confined or treated inhumanely.
(3) Unsanitary conditions exist that create a medium for the transmission of
disease to animals or humans.
(4) Noncompliance with any section of this chapter.
(b) The health director or his or her designee has the right to take photographs
and gather evidence on the premises to document any of the reasons for
suspension.
(c) No animal covered by the suspended permit shall be accepted or placed
on the property after suspension of the permit.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-117. Lifting of suspension and reinstatement of permit.
If all violations and unsatisfactory conditions have been corrected within ten (10)
days, the health district may reinstate a suspended permit issued pursuant to this
article after reinspection. A reinspection shall be made as soon as practical but not
more than five (5) working days after receiving a written request for such inspection
by the person to whom the permit was issued.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-118. Revocation of permit.
If no written request for reinspection has been received after ten (10) days from
suspension of a permit issued pursuant to this article, or if satisfactory corrections
have not been made, the health district shall give official notice that the permit shall
be revoked after the expiration of five (5) calendar days. The city is not liable to
refund any part of the permit fee. No animal covered by the permit shall be on the
property during the time of suspension/revocation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-119. Reinstatement of the permit after revocation.
(a) No person who has had a permit pursuant to this article revoked may apply for
a new permit for a period of one (1) calendar year from the date of revocation.
No permit shall be issued if the person has been convicted of abuse to animals.
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AGENDA ITEM NO. 8.0
(b) If less than one (1) year after revocation, another owner applies for a permit at
the same location where a permit was revoked, the person whose name
appears on the revoked permit may in no way be associated with the new
operation, including any financial interest, or the permit will be revoked and
legal action may be taken against both parties.
(c) If a permit is issued, the applying individual will be placed on a compliance plan
with an increased inspection schedule. A fee will be charged for each
inspection.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-120. Right to hearing.
A person who has had a permit denied, suspended, or revoked shall be entitled to
appeal the decision as set forth in article VIII of this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14 121. Seizure warrant.
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§ 14-12 2. Through § 14-149. (Reserved)
DIVISION 2
COMMERCIAL ANIMAL ESTABLISHMENTS
§ 14-150. Permit required.
(a) No person shall operate a commercial animal establishment without first
obtaining the necessary permit in compliance with this article.
(b) Commercial animal establishments seeking a permit and commercial permit
holders are required to meet all applicable general permit requirements as set
out in this chapter, as well as any additional requirements for their specific
permit.
(c) The annual fee for these permits shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-151. Separate enterprises.
Each commercial animal establishment, even though owned by the same person or
group, is considered a separate enterprise, and each must possess a permit. If the
establishment moves to another location or if there is a change of ownership,
another application and fee for the permit are required.
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AGENDA ITEM NO. 8.0
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-152. Fowl, rabbits, guinea pigs, or ferrets for commercial purposes.
(a) Where such fowl or animals are kept for sale or for any purpose other than
domestic use or home consumption, the owner, possessor, or harborer of any
domestic fowl, rabbits, guinea pigs, or ferrets shall meet the following
requirements:
(1) Animals must be kept in batteries or coops arranged inside of buildings.
Animals or fowl may not roam in open pens on the ground.
(2) Sanitary conditions in the housing area must be maintained by removing
all droppings from such buildings, batteries, or coops at least once daily.
(3) Buildings, batteries, or coops must be disinfected and deodorized at least
once each day.
(b) Any such building must be at least 50 feet from any residence other
than the harborer's. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-153. Grooming business permit.
A grooming business permit shall be required for every person operating a business,
including a mobile business that provides grooming.
(1) Standard of care.
a. No animal shall be left unattended, whether restrained or unrestrained,
while on a grooming table, in a bathing area, or in the drying area.
b. No animal shall be groomed without a valid rabies vaccination certificate.
c. Animals shall be cared for and maintained to the minimum standards of
section 14-108.
d. There must be a process in place to sanitize and disinfect all equipment
and cages. A copy of this process must be made available to the ACO at
the time of permit inspection and anytime thereafter.
(2) Recordkeeping.
a. Each grooming business, including mobile businesses, shall keep and
maintain records regarding the animals cared for and the owner thereof.
Such records shall include name, contact number, and address of the
owner, as well as rabies vaccination certificate, services provided, and the
date such services were provided.
b. Records for each animal shall be maintained for a minimum period of one
(1) year from the date of service.
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AGENDA ITEM NO. 8.0
c. Records shall be made available to persons authorized by law to enforce
the provisions of this article.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-154. Kennel permit.
A kennel permit shall be required for a commercial operation wherein one or more
dogs and/or one or more cats, 16 weeks of age or older, are kept or maintained for
profit including animal daycare facilities. Permit holders must meet the following
requirements:
(1) A person permitted as a kennel operator may not accept any animal for
boarding without first confirming that the animal has a current rabies
vaccination.
(2) If the owner of the kenneled animal resides within the city limits, the animal
must have a valid city license.
(3) Facilities/premises shall be of sufficient size with an adequate number of
enclosures to accommodate the number of animals being harbored. Each
enclosure shall be of adequate type and size as defined in section 14-110.
(4) Food and potable water must be provided to each animal sufficient to maintain
each in good health and free of malnutrition and/or dehydration.
(5) The premises shall be kept in a sanitary condition and reasonably free of animal
waste, parasites, insects, and flies that could be harmful to the animal's health
and/or to the health of the public.
(6) The premises shall be adequate to keep the animals from running at-large and
disturbing adjoining, adjacent, or neighboring premises.
(7) The animals and the facility must be kept free of any odor that is offensive to a
person of ordinary sensibilities.
(8) The animals must be maintained in a manner that does not pose a danger to
the health of any animal or their caregiver.
(9) The animals must not cause noise that is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises.
(10) The premises must comply with all zoning, code, and health regulations.
(11) No person shall keep, possess, or maintain within the city limits a kennel within
300 feet of any residence or habitation for human beings, other than the
residence of the keeper, possessor, or owner of such kennel.
(12) A kennel in existence and in operation on June 8, 1985, shall be allowed to
remain in existence within 300 feet of any residence only so long as the place
of business is continuously in operation from that date, whether or not under
the same permit.
PAGE 28 OF 69 PAGES
AGENDA ITEM NO. 8.0
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-155. Performing animals, petting zoos, circuses.
A permit shall be required for any establishment wishing to have any spectacle,
display, act, or event in which animals, fowl, livestock, or wildlife perform and/or
interact with people who are allowed to pet and feed the animals.
(1) The owner of such commercial business shall meet the following requirements:
a. Petting zoos and performing animal establishments must call and schedule
a permit inspection to be held within normal operating hours of the ASC.
These permits will be valid for one (1) year.
b. Circuses must call the ASC no later than ten (10) days prior to the event
and schedule a permit inspection to be held within normal operating hours
of the ASC. The permit will only be valid for the current show dates
scheduled.
c. Must provide to the ASC a copy of a certificate of health for each qualifying
animal from a licensed veterinarian. The certificate must be dated within
thirty (30) days for all animals requiring a certificate.
d. Must provide to the ASC a copy of an official report of a negative Equine
Infectious Anemia test (EIA or Coggins test) dated within the past twelve
(12) months for any equine present.
e. Must provide to the ASC a copy of the current rabies vaccination certificate
for every animal mandated by the state to be vaccinated against rabies.
f. Must provide a copy of any required state or federal permits needed for
any animal on site.
g. Failure to provide all required documentation will result in a permit not
being issued.
h. No performing animal exhibition or circus shall be permitted in which
performing animals are induced or encouraged to perform for
entertainment through the use of chemical, mechanical, electrical, or
manual devices in a manner which will cause or is likely to cause stress,
physical injury, or suffering to the performing animal.
i. All equipment used on a performing animal shall fit properly and shall be
in good working condition.
(2) Additional requirements for petting zoos, performing animals, and animal rides:
a. Must have sanitization stations at both the entrance and exits.
b. Must provide adequate shade for all animals.
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AGENDA ITEM NO. 8.0
c. All animals must have fresh, potable water available at all times.
d. Animals may not be overworked and shall have a designated
shaded area to rest. (Ordinance 52-2019 adopted 11/5/19; Ordinance
12-2022 adopted 4/19/22)
§ 14-156. Pet store permit.
Any person, partnership, company, or corporation, whether operated separately
or in connection with another business enterprise, that buys or sells any species of
animal is required to have a pet store permit.
(1) Dogs and/or cats offered for sale or adoption must be from an approved rescue
or shelter and accompanied by a current rabies vaccination certificate. A pet
store shall not be in possession of a dog or cat that is less than eight (8) weeks
old.
(2) A pet store shall not sell or offer for sale any animal that is unweaned.
(3) A pet store shall not adopt or offer to adopt, sell or offer for sale any animal that
is younger than the minimum age listed below:
a. 8 weeks for dogs and cats;
b. 10 weeks for rabbits;
c. 4 weeks for guinea pigs and hamsters; or
d. 3 weeks for mice.
(4) Animals shall be cared for and maintained to the minimum standards of section
14-452.
(5) Must comply with all zoning, code compliance, and health regulations.
(6) Pet stores located in shopping centers or malls are subject to the following
requirements:
a. The pet store shall be in an enclosed area separated by walls from
adjoining stores.
b. The pet store shall not be located closer than 50 feet to any eating or
drinking establishment.
c. Air conditioner ducts removing air from the pet store must be directed
outward and not directly into another shop or the shopping center or mall.
d. Any animal sold in the pet store must be carried from the shopping center
or mall in a box, crate, or appropriate container.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-157. Private animal shelter permit.
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AGENDA ITEM NO. 8.0
(a) The facility/premises must be an adequate size for the number and type of
animals to be kept.
(b) Enclosures shall be of sufficient size as to allow animals to move about freely.
This shall apply to each animal kept.
(c) Cage size shall be in proportion to the size of the individual animal's height and
weight.
(d) Shelters must check for ID, including microchips, tattoos, etc., at the time of
intake and at points throughout the stay including before adoption, transfer to
another facility, and euthanasia.
(e) Shelters shall serve notice to identified owners of stray animals.
(f) Shelters shall provide public notice, appropriate to the community of stray
animals entering the shelter.
(g) Shelters shall be accessible to the public during business hours for the
reclamation process.
(h) Records and data concerning key processes, information, and outcomes must
be maintained by all shelters and made available to the public upon request.
(i) Adequate food and potable water must be provided so that all animals kept
shall be maintained in good health and free of malnutrition and/or dehydration.
(j) The shelter premises shall be kept in a sanitary condition and reasonably free
of animal waste, parasites, insects, and flies that could be harmful to the
animal's health and/or to the health of the public.
(k) The shelter premises shall be adequate to keep the animals from running at-
large and disturbing adjoining, adjacent, or neighboring premises.
(1) The animals and the facility must be kept free of odor that is offensive to a
person of ordinary sensibilities.
(m) Animals must be maintained in a manner that does not pose a danger to the
health of any animal or their caregiver.
(n) All animals should either be spayed/neutered prior to adoption, or the shelter
shall have a lawful process in place to ensure the spay/neuter occurs when the
animal is of an appropriate age.
(o) The animals must not cause noise that is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises.
(p) The shelter must comply with all zoning, code, and health regulations.
(q) People bringing in animals must provide valid government ID, and the shelter
shall maintain this information in their designated system.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
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AGENDA ITEM NO. 8.0
§ 14-158. Stable/riding school permit.
(a) Stables/riding schools must meet all requirements of the livestock permit in
section 14-198.
(b) Livestock kept for the purpose of a riding school or stable will be classified as
such.
(c) Stables/riding schools must maintain and provide records of a negative Equine
Infectious Anemia test (EIA or Coggins test) dated within twelve (12) months
for each equine on the property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-159. Through § 14-195. (Reserved)
DIVISION 3
RESIDENTIAL PERMITS
§ 14-196. Permit required.
(a) No person shall own or harbor any of the following categories of animals that
require a permit, without first obtaining the necessary permit in compliance with
this article.
(b) Persons seeking a permit and permit holders are required to meet all applicable
general permit requirements as set out in this chapter, as well as any additional
requirements for each specific permit.
(c) The annual fee for these permits shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-197. Fowl permit.
(a) A fowl permit shall be required for any person owning, possessing, or harboring
any fowl within the city limits. An annual permit fee shall be set by the health
district and approved by the city council. The fee schedule will be posted at the
ASC.
(b) Permit holders:
(1) Must ensure a 75-foot setback for any coop, pen, or housing utilized for
fowl from any residence excluding the residence of the owner or harborer
of the fowl.
(2) Must maintain a minimum of 12 square feet of floor or ground area for
each fowl.
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AGENDA ITEM NO. 8.0
(3) Must maintain any structure housing fowl by thoroughly cleaning the area
at least weekly to ensure there are no noxious and unpleasant odors
emitted from the structure.
(4) Must ensure any structure used to house fowl is treated with an approved
disinfectant at least once every six (6) months to discourage insects, flies,
ticks, mites, mosquitoes, and flies.
(c) No person shall:
(1) Keep any fowl within the city who does not possess a valid permit from the
ASC.
(2) Own, possess, or harbor guineas, peafowl, or roosters.
(3) Keep any fowl in violation of any other section
of this chapter. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-198. Livestock permit.
(a) A livestock permit shall be required for any person keeping livestock within the
city limits as allowed by this chapter. The annual fee for the permit shall be set
by the health district and approved by the city council. The fee schedule will be
posted at the ASC.
(b) All livestock permits shall be renewed on an annual basis. The annual fee for
the permit shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
(c) No person shall keep any livestock within the city who does not possess a valid
permit from the ASC.
(d) It shall be unlawful for any person owning or having control over any livestock
to keep livestock, regardless of whether livestock is kept for personal use or for
commercial purposes unless a livestock permit has been obtained from the
ASC.
(e) Setback required; minimum space required. No livestock shall be kept or
maintained at a distance closer than 200 feet from any residence located on
property owned by another person. All such livestock shall be maintained on a
properly fenced parcel of land, providing a minimum of 600 square feet of area
for each head of livestock. Livestock shall have shelter and shade of reasonable
size for the number of livestock to be protected as provided in section 14-
452(1)(b).
(f) Odor, vector, and pest control required. Property housing livestock shall be kept
free of offensive odor, flies, rodents, and other pests.
(g) Manure container required. Each and every enclosure in or on which any
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AGENDA ITEM NO. 8.0
livestock are kept shall have a suitable manure container into which all manure
shall be placed at least weekly or more often as necessary. Each container
shall be securely screened or otherwise protected from flies, rodents, and other
vermin and shall be cleaned out and disinfected at least weekly. Manure from
containers shall not be left in open stacks but shall be removed or buried in a
manner so as not to create a public health nuisance.
(h) It shall be unlawful for any person owning or having control over livestock to
allow livestock to be at-large on public property, the property of another, or on
harborer's own property with no physical means of confinement.
(i) Livestock permits may be denied or revoked for the following reasons:
(1) Health or safety violations.
(2) Animal cruelty or neglect as defined in section 42.09 Texas Penal Code.
(3) More than one citation for livestock-at-large within a permit year.
(4) Failure to obtain a livestock permit within ten (10) business days of
placing livestock on property within the city limits.
(j) If a livestock permit is denied or revoked, the applicant or permit holder will
have ten (10) calendar days from the date of denial, suspension, or revocation
to remove all livestock from the city limits before the livestock is subject to
impoundment. Failure to renew the permit in accordance with this chapter shall
presumptively be considered a revocation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-199. Livestock production area.
Livestock production areas shall be exempt from the following requirements of this
section: setback; minimum space requirements; odor, vector, and pest control; and
manure container requirements. All other requirements of the ordinance shall be
met.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-200. Nonconforming use.
Any property issued a nonconforming use permit in operation on July 4, 1999, shall
be allowed to renew their permit annually only as long as the following conditions
are met:
(1) The nonconforming use is not expanded by increasing the number and/or types
of animals.
(2) The property does not change owners.
(3) The nonconforming use is continuous and not stopped for a period in excess of
six (6) months.
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AGENDA ITEM NO. 8.0
(4) Existing structures are not extensively modified, changed, or relocated unless
there is a need to provide for the health and safety of the animals and/or the
public, and remain in sound condition except for routine maintenance and
repair.
(5) Local and state cleanliness and sanitation requirements are
perpetually in compliance. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-201. Pet fancier permit.
(a) A pet fancier permit shall be required for any person owning or harboring five or
more animals unless the animals are covered by another permit under this
chapter.
(b) All animals must be spayed/neutered, current on rabies vaccination, licensed,
and microchipped.
(1) An animal may be exempt from spay and neuter requirements upon proof
of current proof of registration with a recognized national show
organization.
(c) The annual fee for the permit shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(d) A pet fancier permit may be denied for the following reasons:
(1) If the director or his or her designee makes a determination that the
prospective pet fancier does not have adequate property or facilities to
ensure the animals do not disturb any neighbors.
(2) Sanitation for the number of animals permitted is not appropriately and
safely addressed.
(3) The owner has received two or more documented violations in the past
twelve (12) months.
(4) The number of animals allowed will be based on adequate housing space
as determined by the size of animals being housed.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-202. Project animal permit.
(a) School-age children enrolled in a public, private or home school program, who
are involved in a school program or 4-H where they are allowed to raise project
animals, livestock, or fowl for show or profit purposes may apply for a permit to
keep certain prohibited animals, livestock, or fowl for the qualified program,
such as FFA or 4-H. The permit may be issued even though the property may
not be fully in compliance with the setback requirements of this article. Those
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AGENDA ITEM NO. 8.0
students are required to:
(1) Apply for an annual project animal permit. Permits will expire one year
from date of issuance.
(2) Pay the annual permit fee.
(3) Show proof of enrollment in one of the listed school programs.
(4) Agree to comply with cleanliness and sanitation requirements of this
article and the state health and safety code.
(5) Obtain the approval, in writing, of all property owners located within 200
feet of the property.
(6) Allow inspection of the animal, livestock, or fowl, as well as pens, facilities,
and property before issuance of the permit by ASC staff.
(b) Failure to comply with any of the requirements of this section will result in denial
of the necessary permit. Permits are nontransferable and are revoked upon
either the student's graduation from high school, dropping out of the class or
qualified program, or nonattendance by the student.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22;
Ordinance 65-2022 adopted 12/20/2022)
§ 14-203. Rabbit permit.
(a) A rabbit permit shall be required for any person owning, possessing, or
harboring any rabbit kept outside within the city limits.
(b) Permit holders:
(1) Must ensure a 50-foot setback for any cage or enclosure utilized for
housing rabbits from any residence excluding the residence of the owner
or harborer of the rabbit.
(2) Must maintain cages and enclosures by cleaning weekly to ensure the
area is free of waste matter, insects, and odor.
(3) Must collect droppings at least weekly as necessary to prevent a public
nuisance.
(4) Must ensure droppings are stored in an airtight container for disposal at
least every seven (7) days.
(5) Must ensure cages are constructed in such a manner as to provide
adequate protection from the environment and meet the requirements of
section 14-452.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-204. Swine permit.
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AGENDA ITEM NO. 8.0
(a) Definition. For the purposes of this section, the term "potbellied pig" shall
mean a Vietnamese potbellied pig. Under no circumstances shall any swine
be considered a potbellied pig if its weight exceeds 125 pounds. The owner
must provide proof of weight obtained at a licensed veterinary clinic and
provide paperwork during any inspection.
(b) Restrictions. It shall be unlawful for any person to keep swine, pigs,
potbellied pigs, or hogs in the corporate city limits.
(1) Grandfather clause. Any person holding a valid swine permit on
November 15, 2019, may continue to own/harbor a potbellied pig until
which time the animal either dies or ownership is transferred out of the
city limits. They must continue to meet all the requirements as set out in
this chapter.
(2) The following conditions must be met for any permit holder having a
valid permit as of November 15, 2019:
a. It shall be unlawful for any person to keep, harbor, or raise more than
two potbellied pigs in any one location within the city limits.
b. All potbellied pigs shall be kept indoors at all times, other than times
for evacuation of waste material or during exercise periods. During the
time the pig is permitted outdoors, it shall be confined within the
property limits of the owner, and the owner shall be physically present
outside with the pig.
c. All potbellied pigs shall be spayed or neutered on or before the age of
12 weeks. No adult potbellied pig may be kept within the corporate city
limits unless its tusks have been surgically removed and the pig has
been spayed or neutered.
d. All potbellied pigs shall receive annual vaccinations for erysipelas. It
shall be the responsibility of the owner of the pig or the property owner
to provide proof of vaccination at the initial permit inspection and then
annually at each permit inspection. The vaccination certificate must be
from a licensed veterinarian and include the following information:
1. Name and address of the owner.
2. Description of the pig.
3. Date of vaccination.
4. Weight of the pig.
(3) The annual permit fee shall be set by the health district and approved by
the city council. The fee schedule will be posted at the ASC.
(4) Landlord permission, as evidenced by a signed and notarized statement of
the property owner, must be obtained annually prior to the inspection in
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AGENDA ITEM NO. 8.0
order to receive a permit for a potbellied pig.
(c) Exceptions to this section shall be as follows:
(1) Veterinary facilities. Veterinary hospitals, clinics, and related practices of
veterinary medicine shall be exempt from this section.
(2) Other facilities. Stock shows; livestock auctions; slaughterhouses;
public zoos; governmental agencies including public schools,
laboratories, certain school project animals, and research facilities
approved by the director of health may be exempt from this section.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-205. Through § 14-217. (Reserved)
DIVISION 4
FERAL CAT MANAGEMENT
§ 14-218. License or feral cat permit required for cats.
No person shall harbor any cat that is not either a licensed cat, is not covered by a
feral cat permit or which is not a non-member feral cat.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-219. Application for permit to act as a feral cat caregiver.
(a) Application for a permit to act as a feral cat caregiver must be made to the
health director or his or her designee.
(b) Upon a determination by the health director or his or her designee that the
prospective feral cat caregiver and prospective cat colony location will meet the
requirements in this division, the health director will issue a permit to create and
maintain a cat colony. Permits issued under this section are valid for a period
of one (1) year. The feral cat caregiver must either apply for renewal of the
permit or disband the colony upon expiration of the permit.
(c) The health director or his or her designee may deny a permit for a cat colony if
the director deems that the colony would be detrimental to the prospective
member cats or the neighborhood in which the colony is to be located.
(d) The health director is authorized to require an annual permit fee to accompany
each application for a permit.
(e) Permits are specific as to the individual permitted as the feral cat caregiver and
the location of the colony. Individuals wishing to transfer a cat colony to another
caregiver or another location must make an application for a new permit and
pay a permit fee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
PAGE 38 OF 69 PAGES
AGENDA ITEM NO. 8.0
§ 14-220. Required permissions for permitted cat colony.
(a) No permit shall be issued for a cat colony location until the prospective feral cat
caregiver presents to the health director written permission for a cat colony
signed by every property owner, where a shared property line exists for the
proposed location of the cat colony. Such permission is valid for three (3) years
or until the property is transferred to another party. Written permission must be
obtained any time permission expires due to length of time or transfer of
property.
(b) In lieu of written permission from the property owner of a location, a prospective
feral cat caregiver may document an inability to determine or contact the
property owner of that location. This documentation shall include a copy of the
property owner's contact information on file with the county appraisal district
and a sworn affidavit detailing the manner and frequency of the attempts to
locate or contact the property owner by the prospective feral cat caregiver. The
affidavit shall also swear that the prospective feral cat caregiver has no reason
to believe that the property owner in question is opposed to the presence of a
cat colony at the prospective cat colony location.
(c) A colony shall not be located on a sidewalk. Feral cat feeding locations may be
in an alleyway, but may not be placed in a manner as to obstruct the alleyway.
(d) The feral cat caregiver either must be the property owner of the cat colony
location or have written
permission from the property owner of the location in order to obtain a permit for
the desired location. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022
adopted 4/19/22)
§ 14-221. Creation of a cat colony.
It shall be the caregiver's responsibility to ensure every member cat will be
trapped and inspected by a veterinarian for illness or injury within 120 days of
granting of the cat colony permit. Any adult cat determined to be in good health at
the time of the initial trapping will be microchipped, vaccinated, spayed/ neutered,
and subjected to ear tipping prior to its being returned to the cat colony. Any adult cat
determined to be injured or in poor health at the time of the initial trapping will be
provided with veterinary care sufficient to return it to good health, and then
microchipped, vaccinated, spayed/neutered, and subjected to ear tipping prior to
its being returned to the cat colony. In the alternative, any adult cat determined
to be injured or in poor health at the time of the initial trapping may be fostered,
adopted with the acknowledgement of any health condition and needed treatment,
or euthanized.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-222. Maintenance of a cat colony.
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(a) Feral cat caregivers are expected to follow the TVARM (trap, vaccinate, alter,
return, and manage) form of feral cat colony management guidelines.
(b) Member cats are to be provided with adequate food and potable water as
defined by section 14-452.
(c) Kittens found to be at a cat colony location will be trapped and removed from
the colony by the feral cat caregiver when the kittens are between eight (8) and
sixteen (16) weeks of age. Removed kittens are to be either domesticated and
fostered in a foster home for adoption into permanent homes or euthanized.
(d) A feral cat caregiver shall immediately trap and remove from the colony any
sick or injured member cat found to be at the colony location. A sick or injured
member cat shall either be provided with veterinary care sufficient to return it to
good health prior to its being returned to the registered cat colony, fostered,
adopted, or euthanized.
(e) All member cats shall be vaccinated against rabies when trapped for any
reason.
(f) A feral cat caregiver shall keep records for the registered cat colony, including
a photograph, documentation of sterilization, and rabies certificates for each
member cat. These records will be provided to the health director or his/her
designee upon request.
(g) A feral cat caregiver must use feeding strategies that do not attract wildlife (e.g.,
designated feeding stations, distributing only the amount of food to be
consumed by member cats). All unfinished food and trash shall be removed on
a daily basis so as not to create a nuisance.
(h) The caregiver permit shall be posted and visible at
all times. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-223. Revocation of a permit to act as a feral cat caregiver to a cat colony.
(a) The health director may revoke the permit to act as a feral cat caregiver to a
cat colony if there is probable cause to believe that a cat colony does not comply
with this division. The director shall send written notice of revocation to the feral
cat caregiver. Upon written notice of revocation by the director, a feral cat
caregiver shall have seven (7) calendar days from the date of the issuance of
the notice to file written appeal under section 14-519 or disband the colony by
trapping and relocating, adopting out, or euthanizing the member cats. If a feral
cat caregiver fails to disband the colony or file written appeal within seven (7)
days under section 14-519, the director or his or her designee may authorize the
ASC to trap and impound the member cats, and the caregiver may be subject
to citation.
(b) Notice as required in this section is properly served when it is delivered by hand
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to the feral cat caregiver, or when it is sent by registered or certified mail, return
receipt requested, to the last known address of the feral cat caregiver. A copy
of the notice shall be filed in the records of the health director or his/her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-224. Feral non-colony member cat management.
(a) Must be comprised of 4 or fewer cats
(b) Must meet all above requirements with the exception of section
14-220(a) and (b). (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-225. Other laws to apply.
Nothing in this division shall be construed as excusing a cat colony location or a
feral cat caregiver from all other pertinent laws, including those prohibiting
nuisances or disturbances.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-226. Through § 14-241. (Reserved)
DIVISION 5
ANIMAL RESCUE GROUPS
§ 14-242. Rescue group registration.
Any individual or organization that operates as a rescue group, or rescuer, must be
registered with the ASC.
(1) Rescue groups shall comply with the following requirements:
a. Sign a written agreement provided by the ASC providing the address of
their main office.
b. Agree to spay/neuter and microchip all dogs, cats, and ferrets in the
rescue program.
c. Have written processes in place to screen and place animals in foster
homes. The process shall be available upon request.
d. Provide a list of registered foster homes to the ASC, including the name
and address of each. The list shall be updated anytime a foster is added
or removed from the list.
e. Ensure foster homes are in compliance with all city ordinances, including
the number of animals allowed, prior to placing them on the approved
foster home list.
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AGENDA ITEM NO. 8.0
(2) No person shall house domestic animals for the purpose of foster care unless
that person is registered as a foster with an approved rescue group.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-243. Animal foster home requirements.
(a) Fostered animals are to be provided with adequate food, potable water, shelter,
and shade as defined by section 14-452.
(b) The foster home must provide an area in which to segregate newly fostered
animals until those animals can be socialized with other animals living in the
foster home.
(c) The number of animals allowed to be fostered at a location shall be based on
adequate housing space as determined by the size of animals being housed.
(d) All cats and kittens over the age of sixteen (16)weeks who are fostered animals
must be vaccinated against rabies.
(e) All dogs and puppies over the age of sixteen 16 weeks who are fostered
animals must be vaccinated against rabies.
(f) Foster caregivers shall obtain a city license for any animal remaining in the
home for more than six
(6) months. A fostered animal remaining in the home for more than twelve (12)
months will no longer be considered a foster animal; such animals will be
considered owned animals and owners will be required to meet all obligations
of ownership. Rescue groups may apply to the health director or their designee
for an extension of up to one (1) year.
(g) The foster home shall keep records for each fostered animal, including a rabies
certificate and documentation for the length of time the animal has been in the
foster home. These records will be provided to the health director or his/her
designee upon request.
(h) The foster shall either be the owner of the property where the foster home is
located or have notarized written permission of the owner of the property in order
to participate as a foster home. Written, notarized permission from a property
owner must be provided annually or upon request of the health director or his/her
designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-244. Foster home complaints.
(a) Foster homes shall consent to inspection of the premises by the ASC during
regular business hours in response to a complaint.
(b) The ASC officer who responds to a complaint at a registered foster home will
inform the foster home of the nature of the complaint.
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AGENDA ITEM NO. 8.0
(c) Failure to rectify any violations will result in the suspension of foster home
designation until the violations are corrected.
(d) The rescue group under which the foster home operates will be notified of any
complaint and findings. The rescue group will remove the foster home from their
approved foster home list if any violations are not remedied to the satisfaction
of the health director or his/her designee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-245. Other laws to apply.
Nothing in this division shall be construed as excusing an animal foster home or an
animal foster home caregiver from all other pertinent laws, including those prohibiting
nuisances or disturbances.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-246. Through § 14-270. (Reserved)
DIVISION 6
BREEDING, SALE, AND TRANSFER OF DOGS AND CATS
§ 14-271. Litter permit.
(a) Any person whose female dog or cat of breeding age has a litter must either
obtain a litter permit prior to breeding or as soon as the owner becomes aware
the animal is pregnant. The owner must show proof of a health certificate by a
licensed veterinarian dated within the past twelve (12) months. The issuance of
a permit authorizes the whelping of no more than one (1) litter per female dog
or cat in any twelve (12) month period. Each permit applicant shall be required
to take the responsible pet owner course offered by the ASC as part of the
permit application process.
(b) If, after notice, a person fails to obtain a permit, the ASC shall be authorized to
impound the female dog or cat and the litter in addition to any other available
remedies outlined herein.
(c) The litter permit number shall be prominently displayed in all advertisements,
notices, or displays of the litter for offers to give away or sell any members of
the litter.
(d) Instead of applying for a litter permit, an owner may choose to prepay for a spay
surgery at the veterinary clinic of their choice. The owner shall present a receipt
of payment along with a scheduled appointment to the ASC. The litter permit
fee will be waived with proof of payment for sterilization and scheduled
appointment as it applies in accordance with this section only. The female must
be spayed within thirty (30) days after weaning the litter and the owner shall
bring proof of the animal's sterilization to ASC within thirty-five (35) days.
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AGENDA ITEM NO. 8.0
(e) It shall be illegal to sell or give away animals in parking lots, flea markets,
temporary events, or in places where the public generally gathers.
(f) The owner must maintain records of all animals given away or sold, including
the name, address, phone number, and date of transfer for all individuals to
whom an animal is transferred. Records must be maintained for one (1) year
from date of transfer.
(g) A female may have no more than three (3) litters in her lifetime. The female
must be spayed within thirty (30) days after weaning her third litter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-272. Stud permit.
(a) Any person who owns or harbors a male dog or cat and wishes to breed this
animal with any female dog or cat must obtain a stud permit and furnish a copy
of the permit to the owner of the female animal prior to breeding. An applicant
must show proof of a veterinary health certificate dated within the past 12
months prior to obtaining a permit. Each permit applicant shall be required to
take the responsible pet owner course offered by the ASC as part of the permit
application process.
(b) A person commits an offense if he breeds a male animal without a permit or
permits a male animal to be bred with a female animal without receiving a copy
of the valid stud permit for the male animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-273. Seller's permit.
(a) Any person who sells or offers for sale one or more puppies or kittens must
obtain a seller's permit prior to or within ten (10) business days of the litter's
birth. Each seller's permit shall be valid for six (6) months, and the issuance of
a permit authorizes the breeding and sale of no more than one (1) litter per
female dog or cat in any twelve (12) month period. Each permit applicant shall
be required to take the responsible pet owner course offered by ASC as part of
the permit application process.
(b) The seller's permit number shall be prominently displayed in all advertisements,
notices, or displays for sale of the puppies or kittens.
(c) A seller's permit holder shall provide a purchaser a certificate of health from a
veterinarian, for a period of not less than two (2) weeks with a recommendation
to have the animal examined by a licensed veterinarian.
(d) The owner must maintain records of all animals given away including the name,
address, phone number, and date of transfer for all individuals to whom an
animal is transferred. Records must be maintained for one (1) year from the
date of transfer.
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AGENDA ITEM NO. 8.0
(e) If, after notice, a person fails to obtain a permit, the department shall be
authorized to impound the puppies or kittens in addition to any other available
remedies.
(f) The animal owner may choose to prepay for a spay surgery at the veterinary
clinic of their choice. The owner shall present proof of payment and
appointment date to the ASC. The female must be spayed within thirty (30)days
of weaning the litter, and the owner shall bring proof within thirty-five
(35) days of the animal's sterilization to the ASC. Upon proof of sterilization
payment and appointment, the seller's permit fee will be waived as it applies in
accordance with this section only.
(g) It shall be illegal to sell or give away animals in parking lots, flea markets,
temporary events, or in places where the public generally gathers.
(h) A female may have no more than three (3) litters in her lifetime. The female
must be spayed within thirty (30) days of weaning her third litter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-274. Prohibiting the transfer of unweaned dogs or cats.
(a) It shall be unlawful for any person to transfer or offer to transfer any puppy or
kitten under the age of eight (8) weeks unless the puppy or kitten is transferred
to:
(1) Animal services;
(2) Any tax-exempt nonprofit organization founded for the purpose of
providing humane sanctuary or shelter for abandoned or unwanted
animals; or
(3) Any recognized rescue organization that is currently approved by the ASC.
(b) It shall be a defense to prosecution that the puppy or kitten was
transferred with its mother. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-275. Private animal sales.
The following requirements apply to all dogs, cats, and/or ferrets over the age of six
(6) months offered for sale:
(1) No owner or person shall advertise, display, transfer ownership, or offer to
transfer ownership of any dog, cat, or ferret over the age of six (6) months of
age that is not sterilized, implanted with a microchip, and currently vaccinated
against rabies.
(2) The sterilization requirement in subsection (1) shall not apply if the owner can
provide proof that the animal meets one or more of the following conditions:
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a. The animal is registered with a national dog registry or is a sporting dog,
livestock dog, working dog, performance dog, or the owner is a member of
a national breed club, local breed or performance club, or sporting or
hunting club. The owner must show proof of an annual veterinary health
certificate.
b. The animal is a professionally trained police/fire animal.
(3) The seller must provide proof of sterilization and vaccination to the new owner
at time of sale of the animal.
(4) All dogs, cats, or ferrets must be restrained in a manner to prevent animal bite
exposure to humans and/or other animals.
(5) It shall be illegal to sell or give away animals in parking lots, at temporary
events, or in places where the public generally gathers including flea markets.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-276. Through § 14-296. (Reserved)
ARTICLE IV
ANIMAL CONTROL
DIVISION 1
GENERALLY
§ 14-297. Running at-large.
(a) The running at-large of animals, including fowl or livestock, within the city is
prohibited. No owner, possessor, or harborer shall allow the animal, fowl, or
livestock to run at-large. All animals, including fowl or livestock, must be
restrained by some physical means. An animal, fowl, or livestock shall not be
considered at-large when held and controlled by a person by means of a rope,
leash, or chain or as defined under the term "at-large" in section 14-1 .
(b) The prohibition against an animal running at-large shall not apply to a cat
harbored as a member cat of a permitted cat colony or a non-member feral cat.
(c) The prohibition against any animal running at-large shall not apply to any cat
that is allowed outside the confines of the owner/harborer's residence so long
as the cat:
(1) Is wearing a collar;
(2) Has a current rabies vaccination certificate;
(3) Is spayed/neutered;
(4) Has a current city license; and
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AGENDA ITEM NO. 8.0
(5) Is microchipped.
(d) If the cat meets all qualifications in subsection (c) and the cat has been declared
a public nuisance, as defined by section 14-1 , it may be restricted to inside the
owner's dwelling by the health director or his/her designee. Failure to follow any
of these restrictions constitutes a violation of this section.
(e) Any animal found at-large will be required to be spayed/neutered whether
impounded by an ACO or returned to the owner. The owner will be required to
show proof of spay/neuter to animal services at time of reclaim or no later than
one (1) day of notification that animal was at-large. If the animal is not
spayed/neutered when found to be at-large, the animal will be required to be
spayed/neutered in compliance with section 14-373.
(1) Sterilization under this section may be waived for the first at-large
occurrence if the owner can show current proof of registration with a
recognized national show organization.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-298. Public nuisance.
Any animal, fowl, livestock, or wildlife that creates a public nuisance as defined in
section 14-1 is in violation of this chapter and is subject to impoundment and
owner/harborer may be subject to citation. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-299. through § 14-329. (Reserved)
DIVISION 2
DANGEROUS DOGS4
§ 14-330. Definitions.
The following words, terms, and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Dangerous dog. Any dog:
(1) Which makes an unprovoked attack on a person or a domesticated animal
that causes bodily injury and occurs in a place other than an enclosure in
which the dog was being kept, and that was reasonably certain to prevent
the dog from leaving the enclosure on its own; or
(2) Which commits unprovoked acts in a place other than an enclosure in
which the dog is being kept, and that was reasonably certain to prevent the
dog from leaving the enclosure on its own, and those acts cause a person
to reasonably believe that the dog will attack and cause bodily injury to a
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person or a domesticated animal.
(3) Owned or harbored primarily or in part for the purpose of dogfighting, or
trained for dogfighting.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
4. State law reference—Dangerous dogs, Texas Health and Safety Code § 822.001 et seq.
§ 14-331. Exemptions.
(a) No dog shall be deemed dangerous if the bite, injury, or damage was sustained
by a person who at the time was committing a willful trespass upon the premises
occupied by the owner or harborer of the dog or by a person who has
tormented, cruelly treated, or abused the dog.
(b) No dog shall be deemed dangerous if the bite or injury to another animal
occurred as a result of the other animal entering the enclosure where the animal
lives.
(c) Dogs under control of the police department or other proper governmental
agency are exempt from this division.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-332. Penalty.
Any person violating any section of this division upon conviction shall be punished
as provided in city ordinance section 1-14. An owner of an animal that without
provocation bites or injures a person or animal shall be strictly liable for the harm
caused by such animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-333. Dangerous dog license required.
Any person owning a dangerous dog must obtain a dangerous dog license annually.
A written application for such license shall be made to the ASC and shall include the
applicant's name and address, a description of the animal, proof of current rabies
vaccination, and the payment of a fee set by the health district and approved by the
city council, which shall be posted at the ASC. The license shall be valid for one year
from the date the license is obtained.
(1) Before the license is issued, the owner must also comply with the following
requirements:
a. Have the dog spayed/neutered or provide documentation from a veterinary
clinic stating the dog is spayed/neutered;
b. Provide proof the dog has been implanted with a microchip;
c. The owner of a dangerous dog must be at least eighteen (18) years old;
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and
d. Not later than ten (10) days after a person learns that the person is the
owner of a dangerous dog as defined in this division, the person shall
obtain liability insurance coverage of at least
$500,000.00 to cover damages resulting from an attack by the dangerous
dog causing bodily injury to a person, and the person shall provide proof
annually of the required liability insurance coverage to the ASC.
(2) If the owner is not the property owner where the dangerous dog is to be located,
the owner must have written and notarized permission from the property owner
to have a dangerous dog at that location
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-334. Investigation of complaints.
If the ASC receives a complaint that a dog is dangerous and the complainant
provides a sworn statement with particulars concerning the complaint, a thorough
investigation shall be made. If it is determined by the health director or his/her
designee that an animal is dangerous and presents a substantial danger to the
public health, safety, and welfare of the community, the owner shall be notified that
a dangerous dog determination has been made.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-335. Declaration of dangerous dog.
(a) The owner or harborer may voluntarily declare that a dog is dangerous and
apply for a dangerous dog license, or the health director or his/her designee
acting on information it has received may declare a dog dangerous after a
thorough investigation.
(b) An animal declared dangerous due to a human or animal attack shall be
impounded immediately, and its owner promptly notified.
(c) The owner of a dog declared to be dangerous shall have the right to file a written
appeal of the determination as outlined by Texas Health and Safety Code,
chapter 822, section D. If the determination of the health director is overturned,
the impoundment and other fees shall be paid prior to release.
(d) A dangerous dog license shall be obtained no later than the 5th day after the
person learns that they are an owner of a dangerous dog.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-336. Destruction.
(a) Any dog determined to be dangerous by the health district may be humanely
euthanized if:
(1) Written appeal pursuant to Texas Health and Safety Code, chapter 822,
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section D is not made by the animal's owner within the allowed time period;
or
(2) The owner of such animal fails or refuses to humanely euthanize the
animal as requested by official notice or order of the court.
(b) Notice as required in this section is properly served when it is hand-delivered to
the owner, caregiver, or possessor of the animal, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the
owner, caregiver, or possessor of the animal. A copy of the notice shall be filed
in the records of the regulatory authority.
(c) It shall be unlawful to refuse to relinquish a dangerous animal for destruction
within one (1)day of notification as provided in this section. Any person refusing
to relinquish a dog declared dangerous will be subject to penalties for each day
of refusal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-337. Seizure warrant.
If the harborer, owner, or caretaker of a dog declared dangerous refuses to release
such animal to the ACO, it shall be the duty of the ACO to obtain a seizure warrant
for the seizure of the animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-338. Confinement.
(a) It shall be the responsibility of the owner or harborer of a dangerous dog to
securely confine such animal. A dangerous dog shall be confined in a covered
enclosure with walls and/or fencing of at least six (6) feet in height and
otherwise designed to prevent escape by the dog. The enclosure must be
securely locked at all times and must be confined within a 6-foot property
perimeter fence that is sturdy and in good repair.
(b) It shall be unlawful for a dangerous dog to be outside the dwelling of the owner
or outside the enclosure unless it is necessary for the owner to obtain veterinary
care for the dangerous dog or to comply with directions of the health district. In
such event, the dangerous dog shall be securely restrained with a leather or
nylon leash, muzzled, and shall be under direct control and supervision of the
owner or harborer or humanely caged. Unless confined or restrained under
conditions stated in this subsection, the dangerous dog shall be considered at-
large and subject to immediate impoundment and immediate license
revocation, as well as any other applicable penalties of this division.
(c) The owner of a dangerous dog must notify the LRCA at any time the dog will be
leaving the property for any reason. The owner must also notify the LRCA when
the animal is returned to their property. The owner must also notify their
veterinarian of the dangerous dog determination prior to any veterinarian visit.
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(d) A dog deemed dangerous shall not be allowed in public places such as a dog
park, pet store, or other public areas where dogs are allowed.
(e) A dangerous dog may not be sold, given away, or change owners. In lieu of
transfer of ownership of any type, the animal must be relinquished to the ASC
or a veterinarian for humane euthanasia.
(f) If the owner changes addresses, they must notify the LRCA ten (10) days prior
to the move so an inspection can be scheduled at the new address and the
license transferred. Failure to comply will be grounds for revocation of the
license.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-339. Sign required.
The owner or harborer of a dangerous dog shall display a sign on the premises
warning that there is a dangerous dog on the premises. The sign shall be visible
and capable of being read from a public street, highway, or alleyway on any side of
the property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-340. Inspections.
An inspection of the dangerous dog and the premises on which it resides shall be
made twice a year and at any other time deemed necessary by the health district.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-341. Failure to comply.
Failure of an owner to comply with any part of this chapter shall be cause for
revocation of the dangerous dog license, and the ASC shall seek a seizure warrant
for the removal and humane euthanasia of the animal. (Ordinance 52-2019 adopted
11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-342. through § 14-368. (Reserved)
DIVISION 3
IMPOUNDMENT
§ 14-369. Facilities authorized.
(a) The city council shall select and establish a suitable animal shelter for
impounding all animals, fowl, livestock, and wildlife by the health district.
(b) The health director or his or her designee is the designated caretaker of every
animal as of the date of intake.
(c) Immediately upon intake, the director or his or her designee, as the designated
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caretaker, is authorized to provide each appropriately aged animal with core
immunizations and parasite treatment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-370. Records required.
The ASC shall keep records of the following:
(1) The description of all animals, fowl, livestock, and wildlife impounded by the
health district;
(2) The date of impoundment;
(3) The date of reclaim;
(4) The date of transfer to rescue, adoption, or euthanasia;
(5) The amount realized for the reclaim or adoption of each animal, fowl, or
livestock; and
(6) The name, address, birthdate, government-issued ID number, and phone
number of the adopter, owner, person reclaiming the animal(s), person who is
dropping off a stray, or any other person that interacts with the city animal
services.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-371. Citation.
All animals, fowl, or livestock at-large are subject to impoundment. In addition to or
in lieu of impounding an at-large animal, fowl, or livestock, an ACO may issue the
known owner of the animal, fowl, or livestock a citation that will constitute a notice of
violation. The citation shall be forwarded to the city attorney for review and potential
prosecution.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-372. The right of entry on private property.
If an animal, fowl, livestock, or wildlife is observed at-large on private property, the
ACO may enter the property in accordance with applicable law for the purpose of
emergency impoundment or seizure of the animal, fowl, livestock, or wildlife; the
issuance of a citation; or both.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-373. The right of owner to reclaim; fee.
(a) The owner of any animal, fowl, or livestock impounded in accordance with this
division shall have the right to reclaim the animal, fowl, or livestock upon
showing satisfactory proof of ownership and
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paying the appropriate impoundment fee set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(1) The fee for a first impoundment may be waived or reduced for persons
demonstrating financial need who successfully complete the responsible
pet owner program.
(2) If the owner does not successfully complete the responsible pet owner
program, they may be issued citations and will be responsible for paying
the difference between the impound fee and any waived or reduced fee.
(b) An owner or his designee who reclaims an animal six (6) months of age or older
from impound shall provide proof that the animal has been spayed/neutered
prior to the release of the animal. If proof that the animal is spayed/neutered is
not provided, the owner shall pay for the cost of spaying/neutering the animal
and present proof of payment as well as a scheduled appointment to the ASC
prior to the release of the animal. The animal shall be spayed/neutered within
twcnty thirty (320) days of release, and the owner shall bring proof of the
animal's sterilization to animal services immediately after sterilization.
(c) Sterilization under this section may be postponed for a period greater than thirty
(30) days, but not more than ninety (90) days, after release in cases of female
animals in season, pregnant, or animals younger than 6 months of age. The
owner must provide proof of pre-payment and a scheduled spay/ neuter
appointment to the ASC prior to the release of the animal.
(d) Sterilization under this section may be waived for the first impoundment upon
proof of current registration with a recognized National Dog Registry.
(e) Sterilization is not required for an animal that has not been previously
impounded with the city if release is made to an owner who provides proof that
(1) a licensed veterinarian has issued a signed, written opinion that sterilization
would jeopardize the animal's health, or (2) the animal is registered with a
national dog registry.
(f) If upon a second impoundment the animal remains unsterilized, prior to
reclamation the owner shall pay all applicable reclaim fees and schedule a
spay/neuter appointment for the animal at the owner's expense. Animal
services will hold the animal until the appointment and transport the animal to
the veterinarian. The owner shall be responsible for picking the animal up from
the veterinarian after the sterilization procedure.
(g) It shall be unlawful for a person reclaiming an animal under this section to fail
to provide proof of rabies vaccination, if applicable, within ten (10) days of the
release of the animal if required to do so by this section.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-374. Proof of vaccination and license required for dogs and cats.
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AGENDA ITEM NO. 8.0
(a) The owner of any impounded dog or cat sixteen (16) weeks of age or older
shall, at the time of reclamation, show proof of current rabies vaccination or, if
unable to show such proof, shall be required to purchase a rabies voucher and
prepay for a city license. The owner shall be required to provide proof of rabies
vaccination within ten (10) days after the release from the ASC, at which time a
city license will be issued. If the animal has a current rabies vaccination, the
owner must purchase a city license if unable to show proof of a current license.
(b) The owner of any impounded ferret must show proof of current
rabies vaccination. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-375. Reclamation of wildlife.
No wildlife shall be subject to reclamation from impoundment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-376. Detention time.
ASC staff shall keep all dogs/cats who either are wearing a collar, tag, or implanted
with a microchip or are otherwise deemed by ASC staff to have a presumptive owner
for a period of five (5) working days from the date of impoundment. All dogs/cats
without a collar, tags, microchip, or not otherwise deemed as owned will be held for
a period of three (3) working days from the date of impoundment.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-377. Livestock.
(a) Impoundment for running at-large. The ACO shall impound livestock with a
known owner found to be running at-large within the city limits. Livestock at-
large with no known owner will be considered estray and be the
responsibility of the sheriff's office as required by state law.
(b) Reclamation; fee. The owner of livestock impounded as provided in
subsection (a) of this section may reclaim the livestock by providing proof of
ownership and paying all expenses, including any fee associated with the
capture of the animal, boarding fee, impound fee, and any other expenses
incurred by the ASC.
(c) Adoption/transfer of livestock. Livestock will be held for five (5) working days
past the date of impoundment at which time they will be available for
adoption or transfer to an appropriate rescue group.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-378. Fowl.
No owner, possessor, or harborer of chickens, turkeys, or other fowl shall allow the
fowl to run at-large within the city limits. Fowl running at-large shall be impounded
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by the ASC. The owner of any fowl impounded may redeem such by paying any
applicable impound and boarding fees incurred during the impoundment period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-379. Any other animal.
No owner, possessor, or harborer of any other animal shall allow the animal to run
at-large within the city limits. Any animal running at-large shall be impounded by the
ASC. The owner of any animal impounded may reclaim the animal by paying any
applicable impound and boarding fees incurred during the impoundment period.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-380. Trapping.
(a) Any ACO is authorized to employ the use of humane cage traps for the purpose
of capturing animals, at their discretion, including sick/injured animals, animals
under rabies investigation, abandoned animals, and stray dogs.
(b) Residents of the city wishing to trap unwanted animals may do so with the use
of humane cage traps. The ASC's trapping guidelines and state law shall be
followed. Permission to trap must be obtained in writing from the ASC. As part
of the agreement, the ASC will require permission to enter the property to
remove the trap and any trapped animal(s). The following guidelines shall be
followed while actively trapping:
(1) Traps may be obtained from the ASC; however, a deposit is required and
limited traps are available.
(2) Traps shall be monitored daily.
(3) ASC shall be notified prior to 3:00 p.m. any time an animal is found to be
trapped.
(4) Traps shall be covered at all times.
(5) Traps shall be placed in a protected area safe from harsh elements or
danger. Traps may be placed in an attic, shed, garage, or under a safe
structure, but shall be removed from these areas prior to an ACO servicing
the trap. Traps shall not be placed in direct sunlight.
(c) Trapping is prohibited at the following times:
(1) When the temperature is below 45°;
(2) When the temperature is above 80°;
(3) During inclement weather; and/or
(4) On weekends or city-recognized holidays.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
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AGENDA ITEM NO. 8.0
§ 14-381. Euthanasia.
(a) Any animal, fowl, or livestock impounded or found at-large within the city
may be humanely euthanized upon determination:
(1) By the health director or his or her designee or a local veterinarian that it
has been injured or is sick and in such state that recovery is seriously in
doubt; or
(2) That it is sick and endangers the health of other animals or persons.
(b) Euthanasia shall be performed humanely by injection of a lethal drug or other
means as approved by state law.
(c) All wildlife known to be a high-risk rabies carrier will be
humanely euthanized. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-382. Transfer of ownership after a period of detention.
(a) Detention period. It shall be the duty of the health director or his or her
designee to hold all impounded animals with a microchip, collar, rabies
vaccination tag, ID tag, or a city license tag attached to the collar for a
detention period of five (5) days, excluding Sundays and city designated
holidays, after the date of impoundment. All impounded animals without a
collar, microchip, rabies vaccination tag, ID tag, or a city license tag attached
to the collar will be held for a detention period of three (3) days, excluding
Sundays and city designated holidays, after the date of impoundment.
(b) Transfer of ownership. After the period of detention has ended, title and sole
ownership of the animal will be transferred to the health director or his or her
designee. Title to the animal is considered vested in the health director or his
or her designee for purposes of passing good title, free and clear of all claims.
When ownership is transferred to the health director or his or her designee,
title and sole ownership of the animal transfers to the health director or his or
her designee, and the animal becomes the sole property of the health director
or his or her designee. The animal becomes subject to disposition by transfer
of ownership, euthanasia, or adoption as the health director or his or her
designee deems appropriate once ownership is transferred.
(c) Eligibility for transfer of ownership, euthanasia, or adoption. Once
ownership of an animal is transferred to the health director or his or her
designee, the animal will be eligible for transfer of ownership, euthanasia,
or adoption, and subject to disposition as the health director or his or her
designee sees fit.
(d) Quarantined animals. This section does not apply to quarantined animals that
are suspected of having rabies or that have been quarantined because the
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AGENDA ITEM NO. 8.0
animal bit or scratched a person. Ownership of quarantined animals will be
transferred to the health director one day after the date that quarantine has
ended excluding Sundays and city-designated holidays if they have not been
redeemed or reclaimed by the original owner.
(e) Animals seized by court order. This section does not apply to animals that
have been impounded pursuant to seizure warrants because the animal is
dangerous and caused injury to a person or has been cruelly treated or
abandoned. Title shall transfer to the health director or his or her designee
one (1) day, excluding Sundays and city designated holidays, after the date of
the hearing on the seizure warrant if the animals have not been reclaimed
pursuant to a court order allowing the animal's owner to maintain ownership
and good title to the animal. If the rightful owner has not reclaimed the animal
obtained pursuant to a seizure warrant within ten (10) days, excluding
Sundays and city designated holidays, after the date of the hearing to
determine whether the animal has been cruelly treated or abandoned,
ownership of the animal will transfer to the health director or his or her
designee.
(f) Immediate transfer of ownership. This section does not preclude a person
from transferring ownership to the health director or his or her designee per
written instrument. Any animals to which an owner has transferred ownership
to the health director or his or her designee via written instrument will be
eligible for transfer of ownership, euthanasia, or adoption immediately and
subject to disposition as the health director or his or her designee sees fit.
(g) Reclamation after impoundment. The person entitled to the possession of any
animal delivered to the ASC shall be entitled to have the animal delivered to
him or her upon presentation of satisfactory evidence of ownership, as
evidenced by the following:
(1) A license issued pursuant to this chapter;
(2) A microchip indicating ownership of the animal;
(3) Receipt for purchase or adoption of the animal;
(4) Records from a veterinarian showing vaccinations administered within the
previous twelve (12) months;
(5) Receipts for payment to a veterinarian or commercial pet service facility
for services rendered to the animal within the past twelve (12) months;
(6) Photographic or videographic records showing the animal and individual
asserting ownership at home or in other environments; or
(7) A signed and notarized affidavit in which the owner of the animal attests
that the animal is his or her property.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
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AGENDA ITEM NO. 8.0
§ 14-383. through § 14-403. (Reserved)
DIVISION 4
ANIMAL SHELTER ADVISORY COMMITTEE
§ 14-404. Creation.
There is hereby created an animal shelter advisory committee.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-405. Representation.
The animal shelter advisory committee (ASAC) shall be composed of five (5)
persons with the following qualifications: one veterinarian; one animal welfare
organization representative; one city official, designated as the LRCA of the city, as
mandated by the Texas Health and Safety Code § 826.017; one person whose
duties include the daily operation of an animal shelter; and one citizen representing
the general public.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-406. The term of office; meetings.
The LRCA of the city and the member whose duties include the daily operation
of an animal shelter shall serve an indefinite term. The veterinarian appointed to
the committee shall serve a term of two
(2) years, the animal welfare organization representative shall serve a term of two
(2) years, and the citizen representing the public shall serve a term of two (2) years.
All terms expire on December 31 . The committee shall meet at least three (3) times
each year.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-407. Duties.
The ASAC shall perform the following duties:
(1) Assist the city in an advisory capacity in complying with the terms of Texas
Health and Safety Code, chapter 823, as amended; and
(2) Assist the city in an advisory capacity in establishing procedures applicable
to the city's ASC as follows:
a. To ensure that the ASC shall separate all animals in its custody at all times
by species, sex (if known), if the animals are not related to one another, by
size;
b. To ensure that the ASC will not confine healthy animals with sick, injured,
or diseased animals;
c. To ensure that the city, at least once a year, employs a veterinarian to
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AGENDA ITEM NO. 8.0
inspect the ASC to determine that such facility complies with the
requirements of Texas Health and Safety Code, chapter 823, as amended.
The veterinarian shall file copies of his report with the person operating the
ASC and with the Texas Department of State Health Services on forms
prescribed by the Texas Department of State Health Services; and
d. To ensure that the shelter operator or contractor maintains the necessary
records required under Texas Health and Safety Code §823.003(e), as
amended.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-408. through § 14-427. (Reserved)
ARTICLE V
RABIES CONTROL5
§ 14-428. Reporting rabid animals, livestock, and wildlife.
It shall be the duty of every animal or livestock owner or harborer, veterinarian,
physician, or any person to report to the local rabies control authority (LRCA) or their
designee all cases of rabies with which he comes in contact or to which his attention
has been directed. This report shall be made immediately upon diagnosis or
suspicion of a case of rabies.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
5. State Law Reference—Rabies Control, Texas Health, And Safety Code § 826.001 Et Seq.
§ 14-429. Reporting rabies exposure.
Every physician or other medical practitioner who treats a person or persons for any
animal bite or scratch, or any person having knowledge of an animal bite or scratch
shall immediately report the bite or scratch to the LRCA or their designee. The report
should include the following information:
(1) Date and time the bite or scratch occurred;
(2) Name, age, and sex of the injured person;
(3) Any and all treatment received, if known; and
(4) Any other information as may be required by the LRCA
or their designee. (Ordinance 52-2019 adopted 11/5/19;
Ordinance 12-2022 adopted 4/19/22)
§ 14-430. Quarantine of animals, livestock exhibiting symptoms.
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AGENDA ITEM NO. 8.0
Any animal or livestock that has symptoms of rabies as verified by a veterinarian
shall at once be placed under rabies quarantine by the LRCA, or tested in
accordance with the department of state health services rules.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-431. Quarantine of biting or attacking animals or livestock.
(a) If any person alleges that an animal or livestock has bitten, scratched, or
otherwise attacked a person within the city limits in a manner that caused a
break in the skin of the person, he shall report the incident to the LRCA or their
designee. It shall be the duty of the owner to deliver the animal or livestock for
quarantine purposes either immediately or the next business day if the bite
occurs after normal operating hours.
(b) Quarantine shall take place either at the ASC or at a local veterinary hospital
for a period of at least ten (10) days (240 hours from the time of the incident).
(c) The LRCA may offer home quarantine on shall only be a"^wed on a limited
basis as determined by the LRCA or Director. after
been exhausted. All criteria for home quarantine as mandated by the LRCA
must be met and approval received from the LRCA. if home quarantine is
offered, owner shall allow LRCA, or designee, access to the home quarantine
area for inspection prior to, and during the home quarantine. If LRCA
determines tests are required, all fees associated with testing shall be borne by
owner.
(d) Impoundment at any approved facility for rabies quarantine purposes shall be
at the expense of the owner of the impounded animal or livestock. No animal or
livestock confined for quarantine purposes under this article shall be released
to any person until all vaccinations required under section 14-41 have been
paid for and scheduled with a licensed veterinarian.
(e) Any owner or harborer of an animal or livestock that has bitten or scratched a
person within the city who fails to turn over the animal for quarantine, or refuses
to allow the quarantine of the animal or livestock pursuant to this section, or
attempts to interfere with impoundment, shall be guilty of a class C
misdemeanor punishable by a fine set out under the provisions of this article.
Each day of refusal constitutes a separate and individual violation. Violators will
receive a citation for each day the animal is not quarantined.
(f) Unvaccinated animals shall not be vaccinated against rabies during the ten (10)
day (240 hours) observation period; however, animals may be treated for
unrelated medical problems diagnosed by a veterinarian.
Animals requiring quarantine at the Animal Services Center must be
spayed/neutered within thirtytwenty (320) days after being released from
quarantine. The owner must schedule and provide proof of an appointment and
prepayment prior to picking the animal up from quarantine.
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AGENDA ITEM NO. 8.0
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-432. Veterinary care while quarantined.
The following measures shall be followed for an animal under quarantine that is not
showing signs of rabies and requires treatment or unrelated medical care from a
veterinarian:
(1) The veterinary hospital/clinic shall be contacted and notified of the incoming
animal and quarantine status.
(2) The ACO shall follow all veterinary hospital/clinic rules and/or policies regarding
quarantine animals coming into the facility.
(3) The animal shall remain quarantined and away from other animals at all times.
(4) The ACO shall be responsible for safe transport to and from the veterinary
hospital/clinic.
(5) The owner is responsible for meeting the ACO at the veterinary hospital/clinic
and paying for all associated veterinary care.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-433. Seizure warrant.
It shall be the duty of the LRCA or their designee to obtain a seizure warrant for the
seizure and quarantine of an animal that has bitten or scratched a person or animal
if the harborer refuses to release the animal for quarantine.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-434. Citywide quarantine.
(a) Conditions warranting. A citywide quarantine may be invoked by the local
health authority for a period of 30 days after an investigation determines
an immediate threat of rabies exists.
(b) Animals in public restricted. It shall be unlawful for any person to allow
any animal to be taken, whether restrained or not, into any public place
during a period of citywide quarantine.
(c) Extension of time. Additional positive cases of rabies that occur during a
period of citywide quarantine may be grounds for an extension of the
quarantine period for a reasonable period of time.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-435. Animals or livestock bitten or attacked by suspected rabid animals.
Unvaccinated animals or livestock bitten or attacked by another animal or wildlife
suspected of being rabid shall either be destroyed or isolated at the sole expense of
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AGENDA ITEM NO. 8.0
the owner for a period of time as determined from the date of exposure in
accordance with state law.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-436. through § 14-451. (Reserved)
ARTICLE VI CRUELTY TO ANIMALS6
§ 14-452. Food, water, shelter, and shade.
No owner shall fail to provide their animals, fowl, or livestock with sufficient good
and wholesome food and water; adequate shelter, shade, and protection from the
weather; adequate space; humane care and treatment; and reasonable veterinary
care as needed to prevent suffering. All persons owning, possessing, or harboring
animals, fowl, or livestock shall comply with the following requirements:
(1) Shelter and shade. Shelter and shade shall be provided as follows:
a. Animals. Animals shall be provided with access to shelter constructed of
materials sufficient to allow them to remain dry and protected from the
elements. The shelter shall be free of debris or other materials that could
endanger the animal.
1. Shelters shall be fully enclosed on three sides. The structure shall
have a solid attached roof with no gaps and shall have a solid floor
attached to the structure. The fourth side of the shelter shall contain
the entrance to the shelter. Such entrance shall be flexible to allow the
animal's entry and exit and sturdy enough to block entry of wind, rain,
hail, sleet, snow, subfreezing temperatures, and any other elements
deemed detrimental to the animal's health or well being.
2. The shelter shall be small enough to retain the animal's body heat and
large enough to allow the animal to stand and turn comfortably. The
enclosure shall be structurally sound and in good repair.
3. Clean and dry bedding that does not retain moisture shall be provided
in the form of straw or hay. Materials such as blankets, sheets, and
towels shall not be considered adequate bedding.
4. A suitable method shall be provided to eliminate excess water from
the shelter area.
5. Shade either natural or artificial shade with adequate ventilation shall
be provided to protect the entire animal from direct sunlight at all times
of the day.
b. Livestock. Livestock shall be provided with access to shelter to allow
them to remain dry during rain and snow and protected from severe
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weather. Such shelter shall have three solid sides and a roof. It shall be
structurally sound and in good repair to protect the livestock from injury.
Such shelter will provide a minimum amount of space sufficient to
accommodate all livestock confined within the shelter, as provided in
section 14-198(e). Either natural or artificial shade shall be provided to
protect livestock from direct sunlight. If shade is provided by the
enclosure, allowance shall be made for adequate ventilation. A suitable
method shall be provided to eliminate excess water from the shelter
area.
(2) Chaining and tethering animals.
a. It shall be unlawful to keep an animal or livestock on a chain or rope placed
in a manner that makes it possible for the animal to become entangled with
the restraints of other animals or livestock or with any other objects.
b. It shall be unlawful to attach a collar or harness to an animal that chokes
or pinches the animal unless a rope or tether is attached to the collar and
is being held by a person.
c. It shall be unlawful for any animal to be attached to a chain or tether that
weighs ten percent or more of the animal's body weight.
d. It shall be unlawful to stake a cat outside on a leash, tether, chain, or
similar apparatus.
e. It shall be unlawful to restrain an animal outside with a chain or tether
unless:
A person is holding the chain or tether; or
2. The dog's owner or handler remains outside within clear view of the
animal and within 50 feet of the animal throughout the period of
restraint.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
6. State Law Reference—Treatment And Disposition Of Animals, Texas Health And Safety Code §
821.001 Et Seq.; Cruelty To Animals, Texas Penal Code § 42.09.
§ 14-453. Inhumane treatment.
(a) No person shall beat; cruelly treat; torment; mentally abuse; overload;
overdrive; overwork; kill; torture; mutilate; maim; or perform, cause to be
performed, or permit to be performed any other act of cruelty upon any animal,
wildlife, fowl, or livestock.
(b) A person commits an offense if either through their action or omission, they
allow any of the following:
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(1) No person other than a licensed veterinarian shall crop the ears, dock the
tail, remove the dewclaws, or perform any surgery on any animal, wildlife,
fowl, or livestock, excluding livestock castration and dehorning. Transfer
ownership or otherwise physically remove from its mother any dog, cat,
ferret, or rabbit less than eight (8) weeks old, or any other animal that is
not yet weaned except as advised by a licensed veterinarian.
(2) Abandons any animal that he or she has possession or ownership of at the
ASC, or at any other place of business, on public property, or with any
person that has not consented or has revoked consent to be responsible
for the care of the animal.
(3) Fails to reclaim any animal that he owns from the ASC or any person who
had temporary possession of the animal.
(4) Causes or allows an animal to remain in its own waste or excrement.
(5) Owns or has care, custody, or control of an animal having an infestation of
ticks, fleas, or other parasites without having the animal treated by a
veterinarian or following a proper commercially available treatment regimen
for the infestation.
(6) Owns or has care, custody, or control of an animal having an obvious or
diagnosed illness, injury, or communicable illness transmittable to animals
or humans without having the animal treated by a veterinarian or following
a proper treatment regimen for the injury or illness.
(7) Fails to provide basic grooming for an animal.
(8) Causes, allows, or trains an animal to fight another animal or possesses
animal fighting paraphernalia or training equipment.
(9) Fails to provide an animal owned by him or under his care, custody,
or control with the necessities of life including adequate food; potable
water; sanitary conditions; shelter or protection from the heat, cold, and
other environmental conditions; or other circumstances that may cause
bodily injury, serious bodily injury, or death of the animal.
(10) Teases, taunts, or provokes an aggressive reaction from an animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted
4/19/22)
§ 14-454. Abandonment of animals; release of wildlife.
(a) Abandonment means to leave an animal without human supervision,
unattended, and/or without adequate provisions necessary for maintenance of
life for an unspecified amount of time or fails to reclaim any animal that he/she
owns from the ASC or any person who has temporary possession of the animal.
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AGENDA ITEM NO. 8.0
(b) It shall be unlawful for any person to abandon or turn any animal, excluding
wildlife, loose within the city limits.
(c) It shall be unlawful for any person to abandon any animal that he/she has
possession or ownership of at the ASC and/or any other place of business, on
public property, or with any person that has not consented, or has revoked
consent to be responsible for the care of the animal.
(d) It shall be considered abandonment and is unlawful for any person to relinquish
any animal to the ASC staff while withholding information regarding ownership
or falsifying information.
(e) It shall be unlawful for any person having custody of any wildlife to abandon
such wildlife that is incapable of surviving on its own in the environment into
which it is released.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-455. Giving animals as prizes or inducements; artificially colored baby
fowl or animals.
(a) No person shall give away any live animal, reptile, fowl, livestock, or wildlife as
a prize for or inducement to enter any contest, game, or other competition; an
inducement to enter a place of amusement; or as an incentive to enter into any
business agreement whereby the offer is for the purpose of attracting trade.
(b) No chick, duckling, gosling, rabbit, or hamster that has been dyed or otherwise
colored artificially shall be sold or offered for sale; offered or given as a prize,
premium, or advertising device; or displayed in the city.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-456. The duty of a motor vehicle operator to report accidents involving
animals, fowl, or livestock.
Any person who, as the operator of a motor vehicle within the city, strikes any
animal, fowl, or livestock shall stop at once, render such assistance as may be
practicable, and report the accident to an appropriate law enforcement agency or
the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-457. Exposing poisonous substances or traps.
(a) No person shall expose any known poisonous substance, whether mixed with
food or not, so that the poison shall be likely to be eaten by an animal, fowl,
livestock, wildlife, or person. This subsection is not intended to prohibit the
prudent use on one's own property of herbicides, insecticides, or common
rodent control materials (e.g., rat poisons) mixed only with a vegetable
substance.
PAGE 65 OF 69 PAGES
AGENDA ITEM NO. 8.0
(b) No person shall expose an open-jaw-type trap, leg hold trap, snare trap, or any
type trap able or likely to cause physical harm or injury to any animal, fowl,
livestock, wildlife, or person.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-458. Confining animals to motor vehicles.
(a) No animal shall be confined within a motor vehicle at any location under such
conditions as may endanger the health or well-being of the animal, including,
but not limited to, dangerous temperature; lack of food, water or attention; or
confinement with a dangerous animal. Endangered health may be
demonstrated by but not limited to the animal's excessive drooling, panting,
lethargic behavior, collapse, vomiting, or convulsions. It is presumed that an
animal's health, safety, or welfare is endangered when the animal is confined
in a parked or standing vehicle for a period of five (5) or more minutes when the
ambient outside air temperature measures above 85°F or below 35°F.
(b) If an animal is left in the open bed or flatbed of a vehicle while the vehicle is
parked, the owner or possessor of the animal and/or the driver of the vehicle is
responsible for providing adequate ventilation, water, shelter, and shade as
needed to prevent endangering the health or well-being of the animal.
(c) Any ACO or peace officer is authorized to remove any animal from a motor
vehicle at any location when he reasonably believes it is confined in violation of
subsection (a) of this section. Any animal so removed shall be delivered to the
ASC. The removing officer shall leave written notice of removal and delivery,
including their name, in a conspicuous, secure location on or within the vehicle.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-459. through § 14-486. (Reserved)
ARTICLE VII
CARE OF ANIMALS
§ 14-487. Sanitation; odor and vector control; cage sizes.
Every owner, possessor, or harborer of animals, fowl, and livestock shall comply
with the following regulations and sanitation requirements:
(1) Animal waste. Animal waste shall be disposed of on a daily basis.
(2) Odor and vector control required. All persons keeping animals within the city
limits shall keep the premises upon which the animals are kept clean and
free from noxious and unpleasant odors and shall use some form of chemical
control at reasonable intervals to keep the premises free from flies,
mosquitoes, ticks, fleas, and other vectors.
PAGE 66 OF 69 PAGES
AGENDA ITEM NO. 8.0
(3) Cage size. An owner, possessor, or harborer of an animal shall confine the
animal in an enclosure sufficient to prevent its running at-large. Such
enclosure shall be of sufficient size to maintain the animal comfortably and
in good health. The animal must be able to stand, turn around, sit, and lie
down in a natural position.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-488. Storage of feed.
All feed provided for animals shall be kept in a rat-proof, fly-proof
container. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022
adopted 4/19/22)
§ 14-489. Keeping of wildlife.
No person shall keep or permit to be kept on his premises any wild animal. This
section shall not be construed to apply to approved zoological parks, performing
animal exhibitions, circuses, animals kept for treatment in a facility operated by a
veterinarian, or animals used for research or teaching purposes by a licensed
hospital or nonprofit university, college providing a degree program, wildlife
education center, or wildlife rehabilitators and their subpermit holders.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-490. through § 14-517. (Reserved)
ARTICLE VIII
ANIMAL HEARINGS
§ 14-518. Right to hearing.
The following determinations may be appealed under the procedures in this article:
(1) Denial of any permit applied for under this chapter; and
(2) Revocation of any permit applied for under this chapter.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-519. Notice of right and request for hearing.
Any determination that results in the right to a hearing under section 14-518 must be
given in writing as an official notice to the owner, caregiver, or possessor of the
animal.
(1) Such writing must provide the owner, caregiver, or possessor of the animal with
notice of the right to a hearing and instructions on the procedure for requesting
a hearing.
(2) A written request for a hearing must be filed with the health director within five
PAGE 67 OF 69 PAGES
AGENDA ITEM NO. 8.0
(5) days of receiving written notice of the determination.
(3) The owner, caregiver, or possessor of the animal shall be granted a hearing
within ten (10) days of receipt of a request for a hearing.
(4) If no request for a hearing is received by the director within five (5) days of
receipt of the written notice of the determination by the owner, caregiver, or
possessor of the animal, the determination will be considered sustained and
shall become final.
(5) Notice as required in this section is properly served when it is hand-delivered to
the owner, caregiver, or possessor of the animal, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the
owner, caregiver, or possessor of the animal. A copy of the notice shall be filed
in the records of the regulatory authority.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-520. Representation.
The owner, harborer, or other relevant party may choose to represent himself at
the hearing or be represented by a licensed attorney, retained at his own expense.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
§ 14-521. Conduct of hearing.
The health director or his or her designee shall conduct the hearings provided for
in this article at a time and place designated by the health director. Based upon the
recorded evidence of such hearing, the health director or designee shall make final
findings of fact and shall sustain, modify, or rescind any notice or order considered
in the hearing. A written report of the hearing decision shall be furnished to the
owner, caregiver, or possessor of the animal by the health district. If the outcome
of the hearing allows for the re-issuance of a license, a reapplication fee shall be
assessed at the discretion of the health director.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
2. This ordinance modifying Chapter 14 shall go into effect on December 6,
2024.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
PAGE 68 OF 69 PAGES
AGENDA ITEM NO. 8.0
ATTEST:
City Clerk
PAGE 69 OF 69 PAGES
AGENDA ITEM NO. 8.0
CITY COUNCIL AGENDA
November 05, 2024
ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for
the Health Equity Program in the amount of $80,000; received from
the Department of State Health Services; authorizing the City
Manager to execute contract accepting same.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The Department of State Health Services (DSHS) is issuing a
contract for additional funds for the Health Equity Program in the amount of $80,000. A
Program Manager position is covered by this grant. The primary job duties of the Program
Manager are to provide outreach and education to the community regarding various
projects and initiatives, such as the demonstration garden. Additional duties include
linking the community to services and resources, as well as translating Health Department
wellness services into Spanish. The contract period for this grant ends May 31 , 2026.
Staff recommends approval of the ordinance.
® Director of Health
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.D
Ordinance No.
Ordinance making an appropriation to the Special Revenue Fund for
the Health Equity Program in the amount of$80,000; 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 health equity work; and,
WHEREAS, approval of these funds could not have been anticipated prior to the
adoption of the 2024 - 2025 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 $80,000 for the Health
Equity 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 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.D
CITY COUNCIL AGENDA
November 05, 2024
ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for
STD/HIV-DIS Prevention Services Program in the amount of
$174,947; received from the Department of State Health Services;
authorizing the City Manager to execute contract accepting same.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: The Department of State Health Services (DSHS) is amending the
current STD/HIV-DIS contract to add $174,947 of funding for calendar year 2025.
Through this contract, Disease Intervention Specialist (DIS) services are offered to the
public with the goal of controlling and preventing the spread of Sexually Transmitted
Diseases (STDs), including Human Immunodeficiency Virus (HIV). There is no match
requirement. The grant provides salary and fringe funding to support a DIS Program
Manager, DIS, and Disease Investigation and Statistics Specialist (DISS). These
individuals will perform the following seven core activities: community and individual
behavior change interventions, medical and laboratory services, partner services,
leadership and program management, surveillance and data management, program
evaluation, and training and professional development. The contract period for this grant
is January 1 , 2025 to July 31 , 2025.
Staff recommends approval of the ordinance.
® Director of Health
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 8.E
Ordinance No.
Ordinance making an appropriation to the Special Revenue Fund for
STD/HIV-DIS Prevention Services Program in the amount of$174,947;
received from the Department of State Health Services; authorizing the
City Manager to execute contract accepting same.
WHEREAS, the Department of State Health Services wishes to enhance local
response to prevent and control Sexually Transmitted Diseases; and,
WHEREAS, the approval of these funds could not have been anticipated prior to
the adoption of the 2024 — 2025 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 $174,947 for the
STD/HIV—DIS Prevention Services 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 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 8.E
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Ordinance amending Section 2-33 to Chapter 2, Article II, Division 1 ,
of the Wichita Falls Code of Ordinances to provide for the
appointment of the Mayor Pro-Tem and providing an effective date.
INITIATING DEPT: Mayor
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Review and Update the City Charter as Needed
COMMENTARY: At the general-special election held November 3, 2020, the citizens
of Wichita Falls voted to adopt Charter proposition VIII, to allow the Council to choose
how to pick the Mayor Pro-Tem. As such, on December 15, 2020, Section 2-33 was added
to provide that the Councilor-at-Large shall be the Mayor Pro-Tem. Now, the Council
wishes to consider a change so as to allow the Council to vote to appoint the Mayor Pro-
Tem.
If approved, this ordinance will become effective in 30 days (December 5, 2024).
® City Attorney
ASSOCIATED INFORMATION:
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO.8.F
Ordinance No.
Ordinance amending Section 2-33 to Chapter 2, Article II, Division 1, of
the Wichita Falls Code of Ordinances to provide for the appointment of
the Mayor Pro-Tem and providing an effective date
WHEREAS, the City Council wishes more discretion in picking the position of Mayor
Pro-Tem; and,
WHEREAS, this change requires amendment to the existing Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. Chapter 2, Article II, Division 1 of the Wichita Falls Code of Ordinances is
hereby amended by the addition of Section 2-33, which section shall hereafter
read as follows:
The City Council will vote to appoint the position of The Mayor Pro-Tern will be the
person who holds the position of Councilor at-Large, in accordance with authority granted
The appointment for this position will be for a specific
member of Council for a term of no more than one year. A Councilor can be reappointed
for two or more terms at the discretion of the Council. The Council retains the right to
remove its appointment and appoint someone new at any time and for any reason
regardless if the full one year term has been served.
11
2. This ordinance shall become effective December 5, 2024.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO.8.F
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Ordinance authorizing the City Manager to execute and grant an
Easement and Right of Way to Oncor Electric Delivery Company,
LLC consisting of 0.054 acres located in the Anna Cummings
Survey, A-610 and the Cyrus Eakman Survey, A-450 within the City
of Wichita Falls, Wichita County, Texas.
INITIATING DEPT: Property Administration
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: Create Funding and Construction Opportunities for Major
Infrastructure Projects
COMMENTARY: The relocation of the easement is needed for a portion of the Oncor
facilities that are in conflict and in conjunction with the widening and extension of the
proposed South Wenonah Blvd. The relocation of these facilities which are currently
located within City right-of-way are being relocated at no cost to the City as per the Oncor
Franchise agreement with the City of Wichita Falls as it pertains to the widening of city
right of ways. This will strictly be an Oncor Easement so no other utilities will be located
in this area. All affected City departments have approved this request.
At the meeting, staff will provide an overall update on the South Wenonah Blvd project
and the pending associated construction agreement with WinCo Foods.
Staff recommends approval of this ordinance.
® Property Administrator
ASSOCIATED INFORMATION: Resolution, Easement and Right of Way Document,
Exhibit "A", Exhibit "B", Utility Re-Location Map, Aerial Map
® Budget Office Review:
® City Attorney Review:
® Acting City Manager Approval
PAGE 1 OF 8 PAGES
AGENDA ITEM NO. 8.G
Ordinance No.
Ordinance authorizing the City Manager to execute and grant an
Easement and Right of Way to Oncor Electric Delivery Company, LLC.
consisting of 0.054 acres located in the Anna Cummings Survey, A-
610 and the Cyrus Eakman Survey, A-450 within the City of Wichita
Falls, Wichita County, Texas
WHEREAS, the requested Partial Release of Easement is necessary to
accommodate Oncor Electric Delivery company, LLC; and,
WHEREAS, the current location of Oncor Electric Delivery Company, LLC's
electric utility power lines needed to operate and maintain services in the area is located
in the proposed Wenonah Blvd. extension; and,
WHEREAS, the requested Easement and Right of Way is necessary to
accommodate Oncor Electric Delivery company, LLC's to relocate the electric utility
power lines needed to operate, maintain, repair, and improve services in the area while
relocating the current services to accommodate the construction of Wenonah Blvd; and,
WHEREAS, affected City staff recommend and approve the required said
Easement and Right of Way and its location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to grant and execute the attached Easement and
Right of Way between the City of Wichita Falls and Oncor Electric Delivery Company,
LLC.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 8 PAGES
AGENDA ITEM NO. 8.G
PT#: 2024-6047
District: Wichita
WO #:26079145
ER#
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That City of Wichita Falls, Texas, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand
paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616
Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as"Grantee," has
granted, sold and conveyed and by these presents does grant, sell and convey unto said
Grantee, its successors and assigns, an easement and right-of-way for underground electric
supply and communications facilities, consisting of a variable number of wires and cables,
surface mounted equipment, conduits and all necessary or desirable appurtenances over, under,
through, across and upon Grantor's land described as follows:
SEE EXHIBIT "A" & "B" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right-of-way and its general dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the right
to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to
change the size and capacity of said facilities; the right to relocate said facilities in the same
relative direction of said facilities; the right to relocate said facilities in the same relative position
to any adjacent road if and as such is widened in the future; the right to lease wire space for the
purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent
excavation within the easement area; the right to prevent construction of, within the easement
area, any and all buildings, structures or other obstructions which, in the sole judgment of
Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of
said facilities and their appurtenances and the right to trim or remove trees or shrubbery within,
but not limited to, said easement area, including by use of herbicides or other similar chemicals
approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of
Grantee, as may be necessary to prevent possible interference with the operation of said
facilities or to remove possible hazard thereto. Grantor shall not make changes in grade,
elevation or contour of the land or impound water within the easement area as described above
without prior written consent of Grantee.
PAGE 3 OF 8 PAGES
AGENDA ITEM NO. 8.G
Grantor reserves the right to use the land within the above described easement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not, in
the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
Grantee, its successors and assigns, until all of said electric lines and facilities shall be
abandoned, and in that event said easement and right-of-way shall cease and all rights herein
granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns, and legal
representatives; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns,
and legal representatives, to warrant and forever defend the above described easement and
right-of-way unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
EXECUTED this day of , 2024.
GRANTOR: City of Wichita Falls, Texas
By:
(Paul Menzies, Acting City Manager)
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Paul Menzies,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of City of Wichita Falls,
Texas, as the Acting City Manager thereof, for the purposes and consideration therein
expressed, in the capacity therein stated and that he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2024.
Notary Public in and for the State of Texas
PAGE 4 OF 8 PAGES
AGENDA ITEM NO. 8.G
EXHIBIT"A"
PLATTED v WINCO FOODS LLC
I E 21387 SE 41 ACRES-BLOCK 164
LOT I-C BLOCK 1 HIGHLAND ADDITION
LOSES ADDITION WENONAH AVENUE WC No.202 6DOT,
(VOL /
,26 PG,63AI So'Row,PREu DEDI. O.P.R W.C.T.
WCP.R.
PLACE OF
1 BEGINNING N89°09'01"E
112"IRF
I F___ 1/2"IRF 15.00' 112'IRF 112"IRF
N89°09'01"E
2.63'
I m
PLATTED I N
T .0 50K 1 0.134ACRES n
w
CITY OF WICHITA FALLS N cv
L 'h_: L IiION g c 0.'01ACRES WINCOFOODS LLC
(U OL 971 PG. 931 I- I-.OL26PG.633 1 N
5.437ACRES-
BL_-.. I'5
s'65
NOP.R. I SC.D.R
I HIGHLAND ADEPT]
• z INC NO.:L-1A:I,
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0.054 ACRES R=2000.00'
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PLATTED CITY OF WICHI"A FALLS
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LOT 1-C,BLOCK 1 .1'.'V'� U'.:III '1SS JP,VEEY A-SIC
I LOWES ADDITION
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N ... 2835 •• - __PROPERTY BOUNDARY
<'• :< c`' .p PROPOSED EASEMENT cm
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SCALE IN FEET -
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BIlGGS&(lir
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DW. MNG SCALE: 1"=30'
/
CONSULTING ENGINEERS/SURVEYORS ACRES OF THE ANNA CUNNINGS �—q
TEXAS REGISTERED ENGINEERING FIRM F•B7d CHK. KDMI PLOT DATE; October 4.2024 G-
SURVEY,A fi1D AND CYRUS EAKMAN
TEXAS REGISTERED SURVEYING FIRM 10015200 J
2500 BROOK AVENUE V:(940)/66-0156 SURVEY,A-050 ONCOR EASEMENT IL
WIGHITA FALLS,TX 76301 F:(940)766-3383 WICHITA FALLS, EXHIBIT A
WICHITA COUNTY,TEXAS U
PAGE 5 OF 8 PAGES
AGENDA ITEM NO. 8.G
EXHIBIT"B"
FIELD NOTES-0.054 ACRE TRACT
A 0.054 ACRE TRACT OF LAND OUT OF A CALLED 0.184 ACRE TRACT OF LAND AS RECORDED IN VOLUME 971,PAGE 93,WICHITA
COUNTY DEED RECORDS AND AN ADJACENT 0.101 ACRE TRACT OF LAND BOUNDED ON THE NORTH BY THE SOUTH LINE OF
WENONAH AVENUE AND THE SOUTH LINE OF WINCO FOODS,LLC 2.541 ACRE TRACT, ON THE EAST BY WINCO FOODS,LLC
5.437 ACRE TRACT,AND ON THE WEST AND SOUTH BY THE CITY OF WICHITA FALLS CALLED 0.184 ACRE TRACT AND ALL BEING
PART OF THE ANNA CUMMINGS SURVEY,A-610 AND THE CYRUS EAKMAN SURVEY,A-450 WITHIN THE CITY OF WICHITA FALLS,
WICHITA COUNTY,TEXAS AND SAID 0.054 ACRE TRACT BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A POINT WITHIN THE SAID ADJACENT 0.101 ACRE THAT BEARS NORTH 89°09'01"EAST 2.63 FEET FROM A 1/2"IRON
ROD FOUND FOR THE SOUTHWEST CORNER OF WENONAH AVENUE,A PREVIOUSLY DEDICATED PUBLIC RIGHT-OF-WAY AND IN
THE SOUTH LINE OF THE EAST 21,387 SQUARE FEET OF LOT 1-C,BLOCK 1 LOWES ADDITION,AS RECORDED IN VOLUME 28,
PAGE 638 OF THE WICHITA COUNTY PLAT RECORDS;
THENCE WITHIN THE SAID ADJACENT 0.101 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID WENONAH AVENUE,NORTH
89°09'01"EAST 15.00 FEET TO AN EXTERIOR ANGLE POINT OF THIS DESCRIPTION;
THENCE LEAVING THE SAID SOUTH LINE OF WENONAH AVENUE,SOUTH 00°27'42"WEST 72.18 FEET TO AN INTERIOR ANGLE
POINT OF THIS DESCRIPTION;
THENCE SOUTH 89°32'18"EAST 30.84 FEET TO A POINT IN THE WEST LINE OF A 6.10 ACRE TRACT DEEDED TO THE CITY OF
WICHITA FALLS,AS RECORDED IN DOCUMENT NUMBER 202315598 OF THE OFFICIAL PUBLIC RECORDS OF WICHITA COUNTY
TEXAS AND SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT;
THENCE ALONG SAID WEST LINE OF THE 6.10 ACRE TRACT AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 2000.00 FEET,A
CHORD BEARING OF SOUTH 18°47'45"WEST AND A CHORD LENGTH OF 15.80 FEET TO AN EXTERIOR ANGLE POINT OF THIS
DESCRIPTION;
THENCE LEAVING SAID WEST LINE OF THE 6.10 ACRE TRACT,NORTH 89°32'18"WEST 81.07 FEET TO AN EXTERIOR ANGLE POINT
OF THIS DESCRIPTION;
THENCE NORTH 00°27'42"EAST 15.00 FEET TO AN EXTERIOR ANGLE POINT OF THIS DESCRIPTION;
THENCE SOUTH 89°32'18"EAST 40.20 FEET TO AN INTERIOR ANGLE POINT OF THIS DESCRIPTION:
0
3
THENCE NORTH 00°27'42"EAST 71.84 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.054 ACRES OF LAND,MORE OR o
LESS,
E
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@ OF ;Et*-
.1�@�01 5 TFR �g
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/ BIGGS&MATHEWS,INC. 0.184ACRES&ADJACENT0.101 DW. MNG SCALE: N.T.S.
CONSVLTING ENGINEERS!SURVEYORS ACRES OF THE ANNA CUNNINGS ~
TEXAS REGISTERED ENGINEERING FIRM F-83a SURVEY,A-610 AND CYRUS EAKMAN CHK. KDM PLOT DATE: October 4,2024
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/ TEXAS REGISTERED SURVEYING FIRM 10016200 W
2506 BROOK AVENUE V:(940)766-0156 SURVEY,A-450 ONCOR EASEMENT E.WICHITA FALLS,TX 76301 F:(940)766-3383 WICHITA FALLS, EXHIBIT B
WICHITA COUNTY,TEXAS v
PAGE 6 OF 8 PAGES
AGENDA ITEM NO. 8.G
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PAGE 7 OF 8 PAGES
AGENDA ITEM NO. 8.G
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PAGE 8 OF 8 PAGES
AGENDA ITEM NO. 8.G
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of pipe rehabilitation services
for the improvements to the Cypress 61 Plant Pipe Gallery from
Insituform Technology, LLC, in the amount of $848,000.00.
INITIATING DEPT: Public Works/Purchasing
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: Create funding and construction opportunities for major
infrastructure projects.
COMMENTARY: The Cypress 61 Plant is an integral plant in the treatment of the City's
drinking water. It is one of only 2 plants that can treat the highest amount of water per day
(16 million gallons) and is one of only 2 plants that can blend the Reverse Osmosis water
with conventionally treated water before it is discharged to the public. Piping within this
treatment plant has become in need of rehabilitation due to normal wear and tear over
decades of service. The pipes have been in service for over 40 years and are requiring
rehabilitation.
On April 9 and again on July 2, 2024, staff attempted to secure bids for the removal and
replacement of the treatment plant piping. In April, no bids were received, and at the bid
opening in July, one bid was received that was five times more than the estimated amount
for this work. After two unsuccessful attempts to secure a contractor to perform this work,
staff turned to Insituform to investigate an alternative to the removal and replacement of
the pipes.
Insituform proposed to utilize their patented fiber-reinforced polymer (FRP) product that
has been successfully utilized in at least 25 similar or identical situations as is present
with the 61-pipe gallery. This product meets a range of needs, including structural
upgrades, corrosion repair, and high-performance coatings. The FRP system can be
bonded to the inside or outside of pipes. It is designed to resist internal and external
pressure and meets NSF Standard 61 requirements. This product and service has been
competitively bid through the Buy-Board bidding Cooperative.
Funds were appropriated from the unrestricted Water & Sewer fund balance on February
7, 2023, for the repairs of the Cypress 61 Water Treatment Plant, and adequate funding
remains available to complete this critical work.
® Purchasing ® Director Public Works
ASSOCIATED INFORMATION: Resolution
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 9.A
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 9.A
Resolution No.
Resolution authorizing the purchase of pipe rehabilitation services for
the improvements to the CYPRESS 61 Plant Pipe Gallery from
Insituform Technologies, LLC, in the amount of $848,000.00
WHEREAS, the City of Wichita Falls has multiple water treatment plants that add
resiliency to the water treatment system, and,
WHEREAS, the 61 Plant pipes in the pipe gallery are in need of rehabilitation in
order to continue to the operation of the 61 Plant to treat drinking water; and,
WHEREAS, the City of Wichita Falls has received an estimate from Insituform for
pipe rehabilitation services; and,
WHEREAS, Insituform is a member of the BuyBoard Purchasing Cooperative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary for the rehabilitation of
the piping in the 61 Plant at the Cypress Water Treatment Facility, from Insituform
Technologies, LLC, in the amount of $848,000.00
PASSED AND APPROVED this the 5th day of November 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 9.A
Tim Peterie
Phone:214-317-0950
Cansituform- Email:tpeteriedazuria.com
1103 Postwood Dr.
An azuria'Woter Solutions Company Corinth,TX 76210
September 12,2024 SF#:SO-00196422
Mr. Mark Southard
City of Wichita Falls
4801 Big Ed Neal Dr
Springdale,AR 76310
Buyboard Proposal
Project Name: City of Wichita Falls,TX-61 Plant High Service Pump Station Rehab
30"Steel Rehabilitation by GFRP
INSITUFORM TECHNOLOGIES,LLC herein proposes to furnish all labor, materials, equipment, and services necessary
to reconstruct the referenced project(as detailed in the record drawings and other information presented by the
City of Wichita Falls)utilizing the Local Government Purchasing Cooperative Contract#730-24 administered
through the BuyBoard.
ASSUMPTIONS AND QUALIFICATIONS
Insituform plans to provide and install advanced composite materials and components meeting all applicable
industry standards, installed by our Fibrwrap crews,and manufactured by FyfeRFP, LLC.
The TYFO® system utilized within our rehabilitation and strengthening processes have been developed over
nearly 30-years of R&D, resulting in our patented installation process (US Patent 5,931,198). Our unique
process utilizes a wet-layup methodology which ensures that all carbon and glass fiber materials are 100%
saturated with epoxy, resulting in maximum strength of the cured system(s). Our epoxies produce zero (0)
VOC's and are NSF-61 certified.
Insituform will supply the City of Wichita Falls with 1-year Performance, Payment, and Maintenance Bonds and
Certificate of Insurance following acceptance of this proposal.
The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly
adhered to. Any changes to these specifications must be noted and agreed upon by both parties prior to finalizing
the proposal pricing.
Special: 1. Quantities are estimated based on the information provided and survey data. Actual
quantities utilized will be billed.
2. The City of Wichita Falls will provide access to the plant Mon-Sat for 24-hours and two
shifts per day. We expect the work to take about 2-3 weeks to complete.
3. The City of Wichita Falls will provide flow isolation to the lines in question in order to
stop active leaks until the those areas can be addressed.
PROPOSAL TERMS AND CONDITIONS
Terms and Conditions from the Local Government Purchasing Contract are available upon request from the
BuyBoard. Insituform will utilize the Wichita Falls Standard General Conditions and Instructions to Bidders
where applicable. Any changes to these conditions must be noted and agreed upon by both parties.
An award letter dated January 24, 2024 from the BuyBoard is being provided as an attachment.
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 9.A
September 12,2024
Page 3
Owner to Provide/Exclusions:
1. Access to work area,flow isolation as needed to include lockout/tagout of all incoming flows, isolation of work
area from rest of plant.
2. Abatement and disposal of any hazardous materials(if applicable).
3. Potable/process water.
4. Secured lay down areas large enough to store all Insituform materials and equipment required to complete the
scope of work.
5. State and local sales and/or use taxes on the value of the project. If you are exempt, please submit the
appropriate documentation.
6. Project Permits and/or local licenses.
OFFERED BY: ACCEPTED BY:
INSITUFORM TECHNOLOGIES,LLC
SIGNATURE DATE
76j4g0r4 Perm&
TIMOTHY R.PETERIE NAME
BUSINESS DEVELOPMENT MANAGER
REVIEWED BY: TITLE
ANDY OZMENT
AREA VICE PRESIDENT
ORGANIZATION
cc: Russell Schreiber, PE(COWF)
Ben Hawkins
Craig Nolen
This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other
document,it will not be acknowledged without this proposal being referenced or as an attachment.
PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 9.A
CITY COUNCIL AGENDA
NOVEMBER 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Container Handler
truck from Bruckner Truck Sales, Inc. in the amount of $143,452.18.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Delivery City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The Sanitation Division is scheduled to replace one container carrier
truck in 24-25 budget based on the age of the vehicle, mileage, and maintenance
expenses. The Sanitation Division will use this unit for setting and removing dumpster
containers within the city limits. The container carrier truck will be a Mack Model MD642
from Bruckner Truck Sales and equipped with a Stellar 53036 Container Handler by
Dickson Equipment Inc. in the total amount of$143,452.18.
Texas Local Government Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements. This chapter does not apply to expenditure for. . . (12) personal property
sold under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391.
The Sanitation Division budgeted $113,334.00 for the purchase of one container carrier
vehicle; however, there is adequate savings from the other equipment purchases to cover
this additional cost. Therefore, staff recommends the purchase of one (1) Container
carrier truck through Bruckner Truck Sales, Inc. in the amount of $143,452.18.
® Director of Public Works
ASSOCIATED INFORMATION: Resolution„ Quote
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 20 PAGES
AGENDA ITEM NO. 9.B
Resolution No.
Resolution authorizing the purchase of one (1) Container Handler
truck from Bruckner Truck Sales, Inc. in the amount of$143,452.18
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that Bruckner Truck Sales, Inc. is offering one
(1) container carrier truck, and it is in the best interest to purchase equipment in
accordance with the Cooperative Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase one (1)
Container Carrier Truck from Bruckner Truck Sales, Inc. in the amount of $143,452.18.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 20 PAGES
AGENDA ITEM NO. 9.B
' Bruckner's Truck & Equipment
6 ritte e Retail Proposal
TRUCK&
EQUIPMENT Financing Available! 0,,, -o
Date: September 19,2024 scan oe Code 1c Complete an Addllcattori ❑
■
CUSTOMER INFORMATION EQUIPMENT INFORMATION
•
Name: City of Wichita Falls Stack f: 65647 UNITID 1319135
Name:
Address: 2100 Seymour Hwy Year 2024 BODY Refuse
ICSZ: Wichita Falls,TX 76301 I 'Make: Mack
IPhone: I Cell: I 'Model: MD642
IFax: I Contact Donald McEwen I IV1N: 1M2MDBAA15S014677
IEmail: I 'Salesperson: Clint Hearn
EQUIPMENT SPECIFICATIONS
Engine Make: Cummins 15E6.7 Wheelbase: 1EE"WE
Horsepower. 250 HP ig0 2600 RPM Peak wl 660 lb-ft torque Frame: 26lmmX70rnmX7mm ,
Engine Brake: Cummins Engine Brake VGT Interior Trim: Black Merdura wt pass.Bench seat
Transmission: Allison 2500RDS 6-spd automatic Wheels Front: B-25X22-5 Steel Disc White
Front Axle: 100iXit Mentor MFS+-Air Drum Brakes Wheels Rear 8.25X22.5 Steel Disc White
Rear Axle: 21000C Mentor MS-21-14X wl d iff lock Tire Size: 11 R22-5 F ro ntfRear
Rear Suspension: 210iXit Mack Multik=af Sprang Tire Front Bridgestone R26f load range H
Ratio: 5.57 Tire Rear. Bridgestone M760 load range G
•
Chassis Includes the Following Local Extras:
Pricing for)1)unit FOB Wichita Fal Is,TX.
Pricing includes:
-Stellar 53E36 Container Handler by Dickson Equipment)per attached specifications)
-Freight to Wichita Falk.TX
-HGAC Contract a4 HT06-20
Approved By:
.Unit is currently in-stock-subject to prior sale"
Each Multiple Total
rode-In Information: Trade 1: Trade 2: $142,944 do 5142,874.00
Allowances: -
VIN:r.Year
Make:
Model:
Payoff:
Quantity I 1I
OTHER CHARGES:
Tax,Title,and License Fees(Estimated): 5.00 5.00
Purchase Coverage Type: - -
Insurance Type: - -
Dealer Inventory Tax and Doc F• 573.18 573.18
Cash Down Payment:
TOTAL: S143,452.18 $143:452.18
Dealer Signature: Customer Signature:
Date: Date:
A documentary fee is riot an official fee. A documentary fee is not required by law,but may be charged to buyers for handling documents and performing services
relating to the closing of a sale. A documentary fee may not exceed S50 for a motor vehicle contact or a reasonable amount agreed to by the parties for a heavy
commercial vehicle contract. This notice is required by law.
PAGE 3 OF 20 PAGES
AGENDA ITEM NO. 9.B
C:ONTILACT PRICING WORKSHEET Contract : HTao_.,U Date 1��I6!?42d
For Standard Equipment Purchases No,: Prepared:
This Form must be prepared by Coutrnctor audgiten to End£'ser. Me H-G.4C administrative fee shall be shown in Section
F. End User PO to Contractor,and U£SF also fay-a rapt•of PO,together with completed Pricing llorkslreet,to/I-
G_A.0 g 713-993-d548. Please ripe'or print legibly.
$. Ctt'ofWrclitaFalls Ca■7acm°r: I Bruckner Truck Sales
Attar., i
Gamma Llonid h En-en P`rp'r`d Bobi Davie
P. .: BY:
Phone: I Pi..., 1512-632-6622
Fos: i F.: 1210-666-7216
Emil: tat lbob_dacieuhnxdmertrn-k om
Pro rf 19 Descriptih: ;GR4;BR
A.Product Item Base Unit Price Per Contractor's II-GAC Contract 42900
B.Published Options-Itemize below-Attach additional sheet(s)if necessary--Include Option C:ode in description if applicable.
(Note:Published Ophcn are ophms which were submitted and priced in Cootractcr s bid)
Description 1 Cost Description - Cost
Tram S{nd i 1853
r
2500 R 4 6503 DS 1r
'II'manticn DiB' j 3900 Wheelaate 166 ; 4353
A1llisoa.Tr:,r, ali.-.ion Cooler tt 3200:Double Reduetion Rear Axle i 4203
Lune R a t axle k 3100 11111 x 3.54 x.437 4200
PTO Control and Switch 1253.C;albrath Rnlleff 46995
50 ga_ot:arum fuel Tank 1903 Allison Vac Package - 3503
•
Subtotal From Additional Sheet(:): 1
Subtotal B:: .S4945
C.Unpublished Options-Itemize below i attach additional sheet(s)if necessary.
(Note:thipublishedoptions are iterm n±ichwere not su.nnttted aidpticed to Coohac6ois bid)
Description C:osr Description _ Cost
Maribor 21K 8100 Muitcc 21K Rear axle 5903
t `
Change to MD6 ` -6650 Dickson Equipment Container -580?
6.7 Engiae250FIP 519118 Subtotal C:' 6732.1S
Check:Total cost of 2mp ibished Opnc-;!C`:cannot exceed 35°o at the total of the B a-e L-st;
price plus?ti lr;hed Option $,l. For thin transaction the percentage is: 5°a
D.Other Cost Item:Not Itemized Above to;.Ii:tallaHon,Freieht.Delivery.Etc.)
Description C ost Description Cost
Surc1arge 4000•
Shop Adds 3875 subtotal D: 7875
E.Total Cost Before Any_applicable Irade-In Other Allowances l Diornrmts(A+B-oC+D) i 1424522.1S]
..
Quantity Ordered: I 1 '4 Subtotal ofA+B+C+D: 142M152-18 = SubtotalE: 142452.18
F.H GAL'Fee Calculation(From Current Fee Tables) Subtotal F:' 1000
G.Trade-Ins.Other.-Illotrtnces-Special Discounts
De:C ripCan LOLL De-xi-Trion Co.-t f
Subtotal G:: 3
Delivery Date:: I H. Total Putrltnse Price CE+F+G): 143452.181
PAGE 4 OF 20 PAGES
AGENDA ITEM NO. 9.B
DICKSON
Family owned since 1988_
Eric Guyer City Of WTCTtilts Fells
Dickson Equipment Donald MAcEvren
4525 Irving Blvd 2100 Seymour Hwy
Dallas,T �5247 Wichita Falls. TX 7G301
Donald McEwen, September 9, 2024
Thank you for trusting us again to provide another quote far the City of Wichita Falls. The specs
and pricing for the Stellar Container Carrier are included_
Model:53036, Stellar CC-container carrier without a i olntor_61724. Prop for Container Carrier
when pulling trailer and hauling container. HYD10C2-96. Reservoir and Valve bank with 2-
section cable controls; includes a 10-gallon frame-mounted reservoir, tower assembly, control
levers, and valve bank_ 80045, One pair poly fender with Mud flaps_ 81307, 30K Pintle Hitch
Bumper Assembly. Includes FMSS108 Compliant Light Kit and backup Alarm_ 5305, ICC safety
kit consisting of a rechargeable 2.5 Ibs fire extinguisher and reflector kit. 10401. Steel
u nderbody toolbox with overhead door_ 18' H X 36' L X 18' D. 74311, LED Flood Light, 56892,
Toggle switch with On illumination.
Warrrarfitr: 12 months Parts and Labor_
Total with FOB Wichita Falls: $41,730.00
Eric Gtr ,er,
Dickson Equipment Co., Inc.
Phalle 105,82&47D
E-mai: ecio licksoncquip.com
PAGE 5 OF 20 PAGES
AGENDA ITEM NO. 9.B
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PAGE 6 OF 20 PAGES
AGENDA ITEM NO. 9.B
The Stellar Extendable Container Carrier with Rotator Attachment .---
Equipped with the
hydraulic 360 degree
cordinuou 5 rotator, .. '. - - i
the container carrier
can dump front-loadrl -
containers in either
direction of ralalion. Aft■
0.
. Ir I I
0 . OS
The to-ncr el gravity of be ECCR uns is locaioo appeor,ata ly 9.:5-ro front or the near axle.In the
:axe]pconen.drn canna('el wait),al 90 o:niafot In Iacaka annixo+lmratr 45'behind roar ilia
Model ECCR:Exte tclable and retractable fork Wily with rotator
Model GCR:ton-ex1endeng arilh rotator
Model CC:Non-extending, non-rotating
Specdricaklans, ECCR CCR GC
IUEiing Capacity 6,0.130 Ea Amain)aini RAW lbe 13,E kg1 B,DDD Ms(3 a2 kg
Dumping capacity' B.CDD Es(3.62e kgb 84X1]Itr9 13 En kr'l NA
Transpeetrg 6,01:10 ma(alms ao 040]!be IV]I i ll,000 Ma gaming'.
Container saes 2-10 yd.' 2-10 yid' 2-10 yd'
Type of obrltainara Front anti rear Iced Fran and rear load Front and rear load
Rolston blrormrnlirntable gear bearings WorrlVtumtatdie gear bearings NA
Stalking capability 24 pre 2-8 yet' 24 yd'
ryperebng pressure 4.50D par(31 mpai 4.500 psi 01 rraiS 4,5D0 pSi(31 mpal
;PM 12(+ISi rxeap 12{'t51pmt 12(45,Ion)
HydrCU liC lank 1 allon{3SXrr 10geban 13e•i 10-gallon mad
Recommended CA 84-to 111"Q.1ei msieaa mml Bd-io'Il ( 1134 no 2.5 rrm} 64-to 114'"Rim In 22,56 mml
Controla Iris de&outslde controls Inside$ aulsede controls Insole&outside oonlrols
Busihnge and marks Al picot and rotation points All revot and rotallce points AI pivot and rotation ports
Container bumpers Molded rubber Molded rubber Molded rubber
Hydralmc pump Berri axis piston type sent axis piston type sent aws piston type
Ircarve bank spool cable contrelled 3-abool cable ccorlralled 2-epcbt cable controlled
Mtn.chants GVW 26,00D be CH it rml 26.000 be(ii.e nil 26;1_103 the(ii.a rm
Cat d grawly 9.25-forward d rear axle 12.25- behind rem axle Centered lop of rear axle
CIL et pa Aced 45-behind roar addle B6.6'behind rear axle 65.5'behind rear axle
Slipping aiergrit 3.30D ns ii 457 kip 3, {00 Ibe 11,361 kgi 2,3D0 Ms ii 643k0
Peet lead only
"Truck chissin nlanalaiduntr'L spnorlo tedy and eoukrnanl aiei+r and owner of gr'a,Ry rmE3l,on muyl nor to aKotend.Samar ColLanor
Carder nsnalalon MI rigdre calculatlyt or CO for conplunna vat,Fedcnal MorarVohr0e Siiery Srandaros
Your local deader:
IiIIIIFFP1,1 / 1 Age.
Our PeOpd?_ Our Products.
190 state 'street
P.Q.Bard 109
Garner,Ili,50438
Tdevhcrie 1511)923..741-I F 3214741
Fax Ind 1 i 9212812
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Error sal es@saelkoirrdu strum z rm
An,Emploom Crrnad Company
Patents PEndrig cawitri oar Ylagr rzwras r,c
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PAGE 7 OF 20 PAGES
AGENDA ITEM NO. 9.B
TECHNICAL SPECIFICATION J
MD&42R
WEitpit ILI I
ARPLJCATIN)111 FACKiGES CP ESCREr110310 FF.:01- C",
S OWLS IS HEH3HT DOCKHEIGNIT 0 0
WEIGMT ILG)
CUSTOMERATHICUL IWO DKSCRAPTIOSPI FF. ^a- [.
S CHASE!E♦SSE MCaELI G+hVR} 2R MEDIUM iDUTY.CLASS 8 we 6 FL MAX� 25,9g51bs 2,0 562
S A3EMELY FLANT FArCTCRY USA IRV,MACK} 0 0
✓EHIC4 E USE L BOO MINA&EFl FLATBED TFIUCK 0 0
TYPE
1JE}IICLEY+DrATIGN CCNISTRLICT0NSERVICE 0 0
S C�Jt9TDMER FLEET Erg DEALER FLEET WITH LESS THAN 25'N`EHD-3 FS IN OWN FLEET OF 0 0
ANY VEIHICLE BRAND
S TYPE CF'SEFfMCE CCdiM SRC LAL 0 0
FirE7,EEG REGISTRATION TEXAS 0 0
LCCATIDN
S YAARRbNTYREr�IRY41iDIJ LIMA-WAR RAJUTYREGISTRATIONLOCATION 0 0
LCC ATID N
EMF'' °Chi WARRANTY EPA ImF jCunrnns Diesel 0 0
CEFT IFIOATI.'.'N
S INTOL I SISTRATIGN LOCATION IAA REGISTRATION 0 0
S LANSLIAG=PLI BMX CAl.tSICtiNSi ENGLtSI•I 0 0
S DPEa NG TERRAIN GRADE DIM STARTING C#IACE'S-: J6 0 0
C�FCiTIDN�s
S LOADF.0 SUR=ACE FACTaR ASPHALT LOADING AND ICIFI UNLOADING SURFACE 0 0
WEIG1i1 Ms)
ENGINE L'TRA✓h18MISSION DESCRIPTION FRONT READ
S e BOARD EF*ON 01210,DISPLAY ONLY.LISA2016 0 0
SCINIFOCL
ENOMErM{3TGR IS86.P-268 DIESEL OLIMMINS2 di260[WPMIGOV)660LB-FT, 1,692 ti15
LJS21
250D RDS 6 SP-ALLISON RUGGED DUTY SERIES GEN 6 PITH PTO
TPPANSMISSICNI PROVISIONS! 31B 52
S F>JE3_9ENSE CALJERATIGN ALLISr N FLIELSENSE,NEUTRAL AT STOP 0 0
$ s>JTO NEUTRAL CH AUTO NEUTRAL SINGLE INPUT WITH SHIFT SELECTOR OVERRIDE 0 0
BRAKE
imam fuBI
EN GEM&TRANSMISSION DESCRIPTION FRONT REAR
EOUIMINT
ENGFEEF4* ET(PE ENGINE EIPAKE 0 0
CFLI ISE 0:or-Pax CAME C ONTROL 0 0
S ALTERNATOR:R DELCO 12V 1 MA I2SSII Ricl USH-TYPE 0 0
EA 1ERY CIS ODNNEM-TAITCR BATTERY DISCONNECT SW IT OH 6 0
S STARTER MOTOR 12 VCLT MELCO STARTER IMITSLIBISHI ELECT:I C} 0 0
S E NEIAE BLOCK I€ATER WfITHOUTENGINE BLOCK I-EATER 0 0
I'aN€R TAKE aFF CONTROL POWER TAKE OFF TRANSMISSION CONTROL,PREP NT F NGLE 0 0
PTO
PAGE 8 OF 20 PAGES
AGENDA ITEM NO. 9.B
TECHNICAL SPECIFICATION pant) gor
MIGHT ILIIi
AXLE&S/JSPIGAISIGH DISINCIVILION FRC*IT REAR
S FRONT AXLE 10,000LBIAERITOR MFSr .1500KG 1,158 0
S aRENl35•FRONT MAC* TAPERLEAF 100001 4505 KGF GROUND LOAD RATING 0 0
S FRnNT AXLE&RAKXS MEFIff4R'S'CAM TYPE 16..5'x 5'04. 0 0
S PARIMG BRAKE VALVE PARNIiNG BRAKE VALVE.1 YELLOW KNOB,ALL PAMII4G 0 0
S ANT LCC•14 BRAKE SYSTEM BENDY WITHOUT TRACTION CONTRCA4S4IA 0 0
RE,413'A%LE-8lNf1LE 21000rI' 541.MER1TORMS-21-14X.WJ OFF LC CASING 0 1,1E
11Arnm
REAR SUSPEN5 SINGLE 21 010 19525A:0 MULTLEAJF 0 41
SUSPENSION LEVELLING DEICE WTINOUTSUSPENSIONLJ 1AJNGDEVICE 0 0
(CA Jn FC29 eriMS
S BRA{EEJ.REAR MEfirrOR'S'CAN 16.6'0'O+ 0 0
S REAR AXLE RATIO RATIO 5.57,REAP AXLE 0 0
CUMMINS SINGLE IIAOOULE EA.TS.RH SIDE UNDER CAB US17 {7L
S DPF REBEL.PARTICULATE FILTER up 60 270Hp critp.' sa 67
S Ea-LAU9f LANDEFIFPAMER[GHfSICEWB ARDlulOUNTEDKeselarg'ensml 6 0
WHEELED lair'igheethase1103' CA)55'After-harm 460 369
S FThrI.E RA LE STD-2a0MI�i X lONI M Sf 7 M 'M--(laz X 2_75'.X f1275');RIBM 0 0
i,258,460 LB4I
S PRIA RY FUEL FILTER FUEL FILTER I.WATEFI SEPARATOR Diesei coignes mI) 12 0
S FUG_TANK-LHI 50 GALLON CMLJ22"ALUMINUM ROUND 120 61
imamILM
Cif INTERIOR DESCRIPTION FRONT REAR
S SPEEDOMETER-11•CJILKIES- U.S.UNITS[PFIED0PANAN) 0 0
LWTIs)CF MEASJFE
S EAER UPAL4RM WITROLTBACK-UP ALARM 0 0
S AIR RIMIRICTIDNINDICATOR MECHA1wICAL,GRADUATED ON FILTER 0 0
S Cus.vnMEFI-.FJINGLIGHTS DFIL WREN ENGINE!RUNNING 8 PARK BR}J{EOFF 0 0
S FIRE E(l1NGUISHER HAND FETE EXTINGUISHER 2.2 KG I4d R}ENGLISH DECAL ABC 0 0
AA,PNING MANGLE THREE MANIOC 1FilANGLES 0 0
S AUDIO9raTEM RADIO,AMIRM,MP3.,WEATHER BAWD 0 0
S AUDIOIMREGR4T.PHONE ALCID INTEGRATED FANDSFREE PHONE,ELLII=OOTH 0 0
HANDSFRE
S AUDIO COMMUNICATION AUDIO COM1AUhhCA11ONCONNECTOR LtSEIAUDIO 0 0
COMECTOR
S C.OM muacimcciEOLIPMENT FACTCFIY INSTALLEDtGEOTAB FLEET MAMAL 7.IENTSYSTEIA 0 0
S EMIR SEAT MACS{DRYERS SEAT.AIR SUSPENDED 0 0
DRIVERS SEATUFtJLErER4 DRIVERS SEAT UPHOLSTERY,MORDURA 0 0
PASSENGER SEAT FM{ED BENCH SEAT SUPPORT',INTEGRATED STORAGE BOX Si U
PI.SEEFEERE SEAT LPHOLSTTP( PARRFNGIERS SEAT UPHOLSTERY,MORDIJP.A 0 0
S SEAT BELTS! ALL SEAT IBELTS,BLACK 0 0
PRKC&Lt8T OAT. OUOTAT1OII OATS PAW
20230717 BRUC21722Cr50, 1AF6fr2 819,2C2= 2 of 12
PAGE 9 OF 20 PAGES
AGENDA ITEM NO. 9.B
TECHNICAL SPECIFICATION , , ., slir
PrAaaCi-A.
WEIGHT ILA
CAD EXTERIOR DESCRIPTION FRONT REAR
S IrE4DL.NPS HEADLAMP TYPE, HALOGEN 0 0
S woos RAI ATOR GRILLE.FINISH HOOD RIDLA.T.311 GRILLE FINISH.MATTE E1LACK 0 0
S FRONT BUMPER MOH FRONT BUMPER FINISH PAINTED GLOSS BLACK 0 0
?ARBORS•E?.l"EFiOR HEAT AND MOTORIZED MIRRORS BOTH SIDES,BLOCK n" 29 0
4YRE8ESR4FIDrTY1PE-FRtWR 11R22.5HBRIDGESTONEFr,�6aECOPLA(1 011 (fotalfarOTY- 247 0
VIHEELa'-FRONT22.5aE25 ACCURICE,51457x PO
WDER'DER COATED WHITE STEEL DISC 128 0
ITatal it(are-21
FThY-IT AXLE 1FIE&WI-EEL TWO FPOI.IT TIRES S.MIEELS 0 0
QUANTITY
eweoSElawaoanrrE-Ff1411 11R22.5G BRIDGESTONEM7 ECOPIA{23 NI bal.pRIVE ONLY) 8
ITatd for OTY-41
WHEELS FEhA 22.5)825 ACCLJRIDE,51 4871 POWDER COATED l+AHffE STEEL DISC 0 256
!Tataior Ore-4I
REAR AXLE T 1P S WHEEL. FOUR READ AXLE TIRES A WHEELS 0 0
4LLOHTITY
WEIGHT ILE9
mom DESCRIPTION FRONT REAP!
S PAINT TYPE SCUD PAINT 0 0
S P/INTEOI -REM-COLOR GLACIER WIHIIE;P3024 0 0
WEIGHT ILE)
EASE WARRANTY A PURCHASED SIGN FRONT REAR
OVERAGES
CU M M 14S ENGINES(Contact CL nrn ns far Sl axlord Warranty and
$ ENGINE rPi6'W1N[IVi✓RRbdJ71' ExlendedCatseaneDetiMEI 0 0
S ti'EHICLEWdFIR#HTYTYPE NORMAL DUTY WARRANTY CLA ICATION 0 0
S EAEJI CHASSIS COVERAGE PLAN 24 MO UNLIM RED III NORMAL DUTY PROTECTION O 0
SPLAN
EN{IFE WARRANTY CUMMINS ENGINES Bd.7 iCantaot Cummins for Stallard Wa-ranty 0 0
and Extended Crn+erailn Data Is}
EMISSION COMPONENT CUMMIMNSENGINES CantaotCunrnns farSiandard Warranty and
S COVERAGE Extended Cararacpe CierbEIsl 0 0
S >fPorlt9Ml 15µ4AR WARRANTY ALLISONTRIAN ao SMISSICM5ICantaotAIisanTrarornissnfarstated 0 0
warranty and ieutezrded davorappo claim
S AIR C�FJDITIUNFI 3 WARRANTY AIR CONDITIONING STANDARD COVERAGE GSealed Sysiem Only1 0 0
24 IwICNTHS UNUMFITD MILEAGE
S CI-IAS to TIMING WAINAM Y STANDARD p4A$$IS TOWING 8O BAYS CC 5,000['YELPS 0 0
1IfSIGI-IT{LB)
EII AN= DESCRIPTKN FRONT REAP!
S MAAC;K Or,ECJ+LL AND JEXEIT MACK ONECALL AND AlSIST-12 MONTH 0 0
FRONT$REAR AXLE WEIGHTS{LBJ 6257 3546
TOTAL WEIGHT CLEF HO2
PRICELIST DATE OLIO TA TIDE DATE PAGE
2C23C717 SRUC202203C5+74FE92 Su92024 3 of 12
PAGE 10 OF 20 PAGES
AGENDA ITEM NO. 9.B
RagLinill
n411/42414
II,I III l' i l i'y i l i'n l i I�R 1 AR. 1 Al4lLIRAtl
Ve,ick'Tppr ,Nero iMLacte Hood-Ronl Faring iAPa I
16.601
Pcrfan•nance Lewei A67 MPHi 1.1 Pe-I kiPI-I
Frei-nal Area 110.0 FEET1
Arressary Poorer Lass 11.3 FOP
V IIIOLE SPECIFICATION IIINOILLITf
Mods CS a2R MEDIUM DUTY.CLASS S
GrassCamtiinatian 14righl TRUCK ONLY•NO TRAILER TOWING PFIOV1510NSPROVIDED
vehicle A+.pplicatnn CITI?,STARTING GRADES.8%
Bady+Trarlrr Type FLATBED TRUCK
Loadrrg+tJrtoadng Suface Type ASPHALT LOADING AND i OR UNLOADING SURFACE
Engne t [5.7-250 DIE..SEL CUMMI S 250 IP 6 280tRPAA(GOV), LEI FT.LIS21
Peak Parr I-IP 250.0 Ili 2051 -2450
Peak Tu-que Newton!defers 695 i2 1600
Trarermssion 2503 RIDS 6 SP-ALLiSON RUGGED DUTY SERIES GEN d M T N PTO PROvISIONSI
Rear Axle 210006IE 25logFMERJTORMS-21-14'.iC IiDIFF LOCK,CASING11.0nm
Rear Axle Rain 5.57
Reran Tire 11 R2 .5 G BRIDGESTONE IM 766 ECOPIA(23260 Its)ODRIVE ONLY}
Ire Revdulnrei per MkIe 4g3
Trsial Reductim 3.56
CALCII ATErCI PIIIIPINIINIANCIIC ENEEiW 1
Nw U �� / 4� 74. LiY i ➢i Cev"6 I a u ksY
'Ian i e a 4.• ,". f� .'AVA:r�?S i c x.,. fi i�eohtii u 4.k �t�,yy�3y��yy�l�4s'df,
Engne RPM Q 85 MPH 65_2 MPH 1509
Engne Fri Q De/ared Cruse Speed 70-2 MPH 2054 1500-2100 rprn Engine RPM RPM 0 Paad Speed Limn IRSLI 702 MPH 2O54 c 2400 rprn
Sweel Spot Cruse Speed Range in Top Gear 51.3-66.g MPH 1500-2600
Tap Gear Speed Range 51.3-62.0 MPH 1500-2.100 74.6 MPH
F.Anrnun Prartical Speed In Pe.'erse 2.6 MPH 600
Maxrnur Practical Speed n Rererse 16,3 MPH 2406
Minim ni Practical Speed Ir Lawes-I Forward Gear 2.2 MPH 606
Mawmum Practice Speed Ir Lcjx .1 Farward Gear A.l}' MPH _LC.0
III j
.Vree •IF FSeyjr•ed at;L MD.I,Cr,.rse Speed 1 t_2. 2ui.s •IF
14heel HP Required al Ili MPH'Flood Speed Lent 192.2 d 201.5 •IF
Wheel HP Required at(42 MPHI Tap Speed 268.9 d 300., •IF
PI LIST DATE ONOTATIOIN DATE PAGE
20230717 BRJC2023050' 4FEE2 9222L ac112
PAGE 1 1 OF 20 PAGES
AGENDA ITEM NO. 9.B
PERFORMANCE - PREDICTOR (,,COL) Ar
VEHICLE SPECIFICATION$UMMAFIT
•;al:rPaty�d'r ` F=Rr:,::crrrtra la�.'x1 to r al..?:1CCICV 'r
10:1
flodmun in Tope,marfainemmli 1111111.1111111111
Madman in Top[Cr{Ieplrrlf} 1.2%
Recommended Mm..etartaanty
In Lawe3t Gear 32246 6.0%
LoadngAJnbadng Sufa a Type 0.8PHALT LOADING AND,.OR UNLOADING
SURFACE
Recommended Speed an 1.5%Grade''
Scud an a 1.5%Grade(Concrete) 60.7 MPH AS7 MPH
01775 rpm n 7th gem PL5
Sugc+ested Valle far Guar L3aw'Vert c a 3ceK9d Rom_ TO
1U.�ro Max%war avaitab e-alec ,Sccc-c G1c
.g.5%VeryGoad :AU%AccePiabiG
P}r7Y .9 ...i w . 3U[kf,.:y fYfi .a .a..a,7� ¢t r •. I �Jt,t. t �a �3 �3'
�a><.;.v., i i i i i i 5. It.,.,t,t,t,t,< < < ,i .:+� �. u�'(t �t¢�, „Gv.�„:(:,,r �}a�,u1. <<i�i�t�•.,i i i�i�.,t•
�sr4s:� '� � �a.,�?a.,d, l �.,.,.,.�:,:� r..�.�� �a�b;�h�.k�a�a�i��s��J,9:vLty,�,.tse,r.�r�vrsx,evarse;�x�.�,. ;�a��;`�,�ns,.�::,�s,�,.Yss,�,k,., �i r r w,, r�, r, r r rz;r, .a ,.s,4F ri Y h}y�}y�}5u}y�}y�}y�};1 f„rN
PL5-Hrgh Performance MPR 1.9%
PL4-Pafi.ni nonce 61-62 MPH 1.?%
PL3-Economy &f-60 MPH 1.5%
PL2-Fleet r'Cmslruchan 47-53 MPH 1.3%
PL1• Heavy Han 4i3-46 MPH 1.1%
PRICELBST DATE QUOTATION OAT. PAGE
20230717 f3FNJC20270503174F692 Er9.2024 5 cf 12
PAGE 12 OF 20 PAGES
AGENDA ITEM NO. 9.B
•
'
WWI
RPM at 65 MPH
z+ < %c
»q RPM \m MP 2\
RPM■Cruise Speed
R ®
^ k +
Ji
2054 RPM ¥ 7 MPH /
�+
PAPH
RPM
r al'Engine G, 3 ,tea
mnzf n2 Rye 51.3. ,tea
Cruse Speed 702 2 :
��mrc£_�;Range 2 a
Road SLink 702 2 :
Mosarnurn of EnGiar Range S.2.0 24011a
PRICGLIST DATE ODOr TIOD _1E PAGE
24230717 BKC 02 F592 cf 12
GE 13 OF 20 PA GES
AGENDA ITEM NO. 9.B
APP
Fun/turd Geared Speed
7
6
5 111.1111111.
dp 4.
3
6-
,�r so 50 60 as
MPH
ReverGe Geared Speed
1
a> ..
0
MPH
P �G ELM DATE OuarxrOI DATE PAGE
t.236717 ORLIC20230003 i4F6E*2 luar2 624 '7.i 1.:
PAGE 14 OF 20 PAGES
AGENDA ITEM NO. 9.B
aas=Not.
Stainability
33 _
30
27
24
`1 1$.1e,
w 18
45 15
12
8.36
9 6.67
g_. 4.43
0
I} 1 2 3 4 5 B 7 H
Gear
Gradeility at Max Torque
44
40
36
3.2
0 2$ 26.37
1Q
24
21
16 13.72
12 9.994
6.1B
4 .24
0
0 1 2 3 4 S d 7
Gear
PlISCELET DATE Cal OTAME DATE PAGE
20234717 BRuC:G2 tiOOC3AdFE92 8,9:20.24 8 of 12
PAGE 15 OF 20 PAGES
AGENDA ITEM NO. 9.B
Ar
MAC
Shift Chart
220q
2144-
V. ......[,,,,,,,,, ... .........1,--'
.. . _. /
law
1 roo
X 1W
a. iim . /
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1200
1100
1040
MO
800
794
OP
Q $ 15 24 32 40 45 55 54 72 54
MPH
—21+11 RPM 11100 RPM ---Pena Tc•gje
Horsepower VS.Speed
CC3C
5SC
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ii Arc "
a
4 aoc 5.
f3C
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0 100 `,••,..+ •�"+
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0 5 10 15 20 25 30 35 40 45 50 55 80 15 70 75 80 85 90
MPH
I —!'th uczr — ''+h:.7cnr
C i ea a a„Grade 3.44 Grad* .•++ Crrws Speed . ., $bloRaaur - b Pawar
—
1.5' Grade . 4.5%Grade
PREC1ELLS"C DATE DUOTATIDH GATE PAGE
2C27C717 3RUC2023059 1dF692 8,9.2 . : 9of 12
PAGE 16 OF 20 PAGES
AGENDA ITEM NO. 9.B
oir
G1r1
WOOLF,SPEDIFICAT10MACALCULATED PERFORMANCE ELIONiAlFr
l u l l :' r ,y „ mN4 rnFt u r Cnd IIIIIIIEMIMIIIIIIIIIIIIIIIMEIIIIIIIIIIIIIIIIIIIIIIEMIIIIIIIII Frani Frame E7dercaon WA FE 0.4 INCHES
airriper to Front Axle WA 121,. 40A [NCHES
EH.ESurr er In FrontA4xle WA NPA 40.0 INCHES
Wheelbase NJA Iha 1 B5.4 INCHES
Rear Overhang NrA Ohl 54.9 INCHES
Overall Length WA OL 200.0 INCHES
EBurnper to Back of Cab WA BBC 103_0 INCHES
EH.Bumper ba Eack Di Cab WA E912C 103.0 INCHES
Eff.Cala io near Axle WA ECA 102.4 INCHES
Elf.FrontAucle to Flack vI Cab WA EAO 63A INCHES
EH.Cab to End al Frame WA ECEF 157.4 INCHES
tlrtadrn Frame Heght WA FI 40.9 INCHES
Cab Height WA :••I 59.1 INCHES
Oaeral Hel-rt WA OvH 110.0 INCHES
Dryer CG WA DCG 59.i INCHES
EBBC
BBC
DCG
ill
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.
FE&Al
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OL
P1OCiLIST BATE OUOTAT1OIi OATS PAGE
20230717 BRLIC202 5tY�54Fd92 8r 024 1J_f 12
PAGE 17 OF 20 PAGES
AGENDA ITEM NO. 9.B
x
VIII OIY SPICIFI AT� IC*LCULA IIQD IrtFIII�M LileAARY
�
� r aM der, Ding ff'.Re LeithriAluegAl I OM O ,I
Wheelbase WA 5+W EI 1$6.4 165.4
Avmla6le Ran Space Right hirA / l K'A 83.9
Auaiatie Rai Sure Leh WA ARSL 73.8 NA
Eff.Prowl!ale irr Sack of Cab NIA FIEF 93.19 65.D
Front Aide T9 Fender D01 AA3 K A 30.0 30.0
Battery Sox 001 Aft NA A0 25.6
50 GALLON i-NO Li 2'ALUMINUM ROUND/TRUCK 2 C2 r ffb1,W. k r4 41.0 a.0
Ad-glue Tart 001 AXX ka, 0.0 5.0
❑Ynue Tre Rados 901(B90 k,n rs 21.1 21.1
rolj 111113 1MM
BBC 1
P. 1
4 _.3 F
MEL.
11 4
4V$ ARSE FI r1
Top View image is intended for dkastratral purposes only and is riot presented to scale. Vineelbase,Ade Spacing and After frame
are rot shown as specti6ect, but are a representation_Customer Adaptation ICA)h gatrcras and relocated components are not
represented in these images_Most CA options impact the venation of the image,this an usage may not populate_ Calculations
are approximate to a tolerance of:4 inches due to component amounting venation_Certain chassis component optf ns are NOT
represented in the Top View image,such as,but not exclusive to,Front Frame ixrrsions,Fuel Water Separators,Air Dryars,
FTC's,Fiftt,Wheels,Chassis Fairings, Toolboxes, Trader Connections. For furttrerinformation on these iterrrs and their respective
locatians on year specification,please refer to the data sheets associated with those items in the confrgurator_
PRlCiLIST GATE 0410TAi10N OATS MOM
20230717 ®RUC2023Cr5M4Fea2 8a9:2024 11 of 12
PAGE 18 OF 20 PAGES
AGENDA ITEM NO. 9.B
I
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WHIG=
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Tire Radius 9I 1 WO ,, 21.1 19.6 INCHES
Suspension H sprit 21 h5 0 g.5 A.0 INCHES
Frame C7epth YB}f617f C 10.2 16_2 INCHES
TataiWee It NIA C 40.9 PA INCHES
IC
i
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t
PRIM MT DATE 4U0TAT1011 DATE PAGE
2211Y71' 13R1JC2C2'.G]M4F692 d 52:1_ 12=E 1
PAGE 19 OF 20 PAGES
AGENDA ITEM NO. 9.B
•
olit
tia
Mack Trucks
www.m ackkru c ks,com
PAGE 20 OF 20 PAGES
AGENDA ITEM NO. 9.B
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of one (1)John Deere excavator
for the Stormwater Fund through the Sourcewell Purchasing
Cooperative from Yellowhouse Machinery Co. in the amount of
$318,204.71 .
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: N/A
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The proposed wheeled excavator will replace Unit 924 at the Street
Department. Unit 924 is a 2008 Gradall with 14,513 hours on it. The existing Excavator
has had its boom cylinder rebuilt on three separate occasions, and now the parts are no
longer available to rebuild the cylinder. In addition, new replacement cylinders are no
longer made for this unit. As a result, the unit cannot be repaired. The equipment will be
used for the Street Department to continue maintaining drainage ditches. The new
excavator will be a 2024 John Deere 190GW FT4 Wheeled Excavator. The unit will be
purchased from Yellowhouse Machinery Co. through the Sourcewell Purchasing
Cooperative in the amount of $318,204.71 . The new Excavator is expected to be
delivered within a week of the approval of this agenda item.
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.
Funds are available from the Stormwater Fund to purchase the unit.
Staff recommends the purchase of one (1 ) excavator through the Sourcewell Purchasing
Cooperative from Yellowhouse Machinery Co. in the amount of $318,204.71 .
® Director of Public Works ® Director of Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Resolution , Sourcewell Quote
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 9.0
Resolution No.
Resolution authorizing the purchase of one (1) John Deere excavator
for the Street Department through the Sourcewell Purchasing
Cooperative from Yellowhouse Machinery Co. in the amount of
$318,204.71
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that Yellowhouse Machinery Co. is offering one
(1) John Deere excavator through the Sourcewell Cooperative Purchasing, and it is in the
best interest to purchase equipment in accordance with the Cooperative Purchasing
Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase one (1)
excavator from Yellowhouse Machinery Co. through the Sourcewell Purchasing
Cooperative in the amount of $318,204.71 .
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 9.0
at
0 -,
it lti 4
i 1 '1 .. 6 .Itia: Or :00.! i i
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PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 9.0
0 JOHN DEERE
HOUSE
r:9HCHIKMY f:i7
Quote Summary
Prepared For: Prepared By:
CITY OF WICHITA FALLS DRYSDALE GEOFF
PO BOX 1431 Yellowhouse Machinery Co.
WICHITA FALLS,TX 76307 2800 Central E Freeway
Business: 940-761-7466 Wichita Falls,TX 76301
J ENN I F E R.BAB I N EAUX@WI C HITAFALLSTX_GOV Phone: 940-322-3337
geaffd@yhmc.cam
Sourcewell Orate Quote hi: 30751113
Machine is on the ground and Built irJ Wishira Falls. Created On: 16 April 2024
Last Modified On: 01 October 2024
Expiration Date: 31 October 2024
Equipment Summary Selling Price Qty Extended
2024 JOHN DEERE 190GW FT4 $318,204.71 X 1 = $318,204.71
Wheeled Excavators-
1 FF190GWARF052259
John Deere Extended Warranty-SO S 0.00 X 1 = $0.00
MONTH OR 5,000 HOUR FULL
MACHINE WARRANTY
Equipment Total $318,204,71
Quote Summary
Equipment Total $318,204.71
SubTatal $318,204.71
Total $318,204.71
Down Payment (0110)
Rental Applied (0.00)
Balance Due $318,204.71
Salesperson:X Accep.ecl 3y ;X
Con1 den a!
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 9.0
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the purchase of twelve (12) 2025 Ford Utility
Police Interceptors for the Wichita Falls Police Department and the
Wichita Falls Fire Department through the BuyBoard Purchasing
Cooperative from Caldwell County Ford, LLC d/b/a Rockdale
Country Ford, LLC in the amount of $622,340.00.
INITIATING DEPT: Aviation, Traffic & Transportation
STRATEGIC GOAL: N/A
STRATEGIC OBJECTIVE: N/A
COMMENTARY: The BuyBoard contract is now accepting purchases of Ford Explorer
SUV patrol units. Caldwell County Ford, LLC d/b/a Rockdale Country Ford, LLC is the
BuyBoard supplier for these twelve units. Fleet Maintenance calculates a ten-year
replacement cycle for Wichita Falls Police Department (WFPD) vehicles, with an annual
purchase of 11 patrol units per year. In addition, the Fire Chief has requested that his
unit be upgraded to a SUV from the current sedan assigned to the Wichita Falls Fire
Department.
The average age of a Ford Explorer SUV in patrol service is 11 years when it is auctioned
by the City. The reason for the difference in the calculated age and the actual years in
service is due to recent manufacturer and delivery issues. The average mileage varies
due to replacing units totaled in accidents, but the mileage can be over 185,000 miles. It
is further anticipated that the Explorer for the Fire Chief will last approximately 20 years,
given mileage and repair considerations.
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 twelve (12) Ford
Explorer SUV patrol units through the BuyBoard Purchasing Cooperative from Rockdale
Country Ford in the amount of $622,340.00.
Budgeted amount: $626,933.50 (Vehicles only)
Actual Cost: $622,340.00 (Vehicles only)
Budget Surplus: $4,593.50
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 9.D
® Director of Aviation, Traffic & Transportation ® Director of Finance
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
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PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 9.D
ROCKDALE COUNTRY FORD
PO BOX 72,ROCKDALE,TX 76567
End User: City of Wichita Falls Z'aldwell Rep: Jake Schobinger QT#JS102124-1
Contact: Donald McEwen Phone: 979.429.8847
Phone/email:donald.mcewen@wichitafallstx.gov Date: Monday,October 21,2024
Contract: Buy Board 724-23 email:jake@usaautomotibepartners.com
Product Description: Ford Police Interceptor Sport Utility
A. Bid Series: 106 A.Base Price: S 35,900.001
B. Published Options[Itemize each below]
Code Options Bid Price Code Options Bid Price
Ford Police Interceptor Utility(K8A)AWD 3.31 Axle Ratio INCL
500A Order Code 500A INCL Wheels:18"Painted Black Steel INCL
UM Agate Black INCL Tires:255/60R18 All Season INCL
99C Engine:3.0L V6 EcoBoost INCL Deep Tinted Glass INCL
44U Transmission:10-Speed Automatic INCL 8-Way Driver Seat INCL
9W Black,Cloth Front Seats w/VinylRear INCL Remote Keyless Entry INCL
51T Driver Side LED Spot Lamp(Whelen) INCL Cruise Control INCL
68G Rear-Door Controls Inoperable INCL Rear HVAC INCL
59B Keyed Alike-1284x INCL Powered 1st Row Windows INCL
INCL Power Locks INCL
INCL Rear Vision Camera INCL
Total of B.Published Options: $ 15,895.00
I
C. Unpublished Options[Itemize each below,not to exceed 25%1
Disclaimer Order Summary Bid Price
PRICES AND AVAILABILITY CAN CHANGE AT ANY TIME WITHOUT 2025MY Factory Order COLOR/
FURTHER NOTICE DUE TO SUPPLY CHAIN CHALLENGES.REVERIFY Order Bank Entry:2/1/24 DELIVERY
PRICING BEFORE ISSUING A PURCHASE ORDER.FINAL PRICE IS NOT Delivery ETA:Q 1/Q2 2025
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. UPFITTERS:
L Floor Plan Interest(for in-stock and/or equipped vehicles): $*Floor Plan Interest will not be applied if the vendor pays for the Chassis upon arrival to the Upfitter.
F. Lot Insurance(for in-stock and/or equipped vehicles): $ -
*Lot Insurance will not be applied if the vendor pays for the Chassis upon arrival to the Upfitter.
G. Contract Price Adjustment: •
$ -
H. Additional Delivery Charge: miles $
- 1
I. Subtotal: $ 51,795.001
•
J. Quantity Ordered 11 x K= $ 569,745.00
K. Trade in: 1
L BUYBOARD FEE PER PURCHASE ORDER $ 400.00
M. TOTAL PURCHASE PRICE WITH BUYBOARD FEE(PRICES AND AVAILABILITY $ 570,145.00
ARE SUBJECT TO CHANGE WITHOUT NOTICE)
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 9.D
ROCIDALE COUNTRY FORD
PO BOX 72,ROCKDALE,TX 76567
End User: City of Wichita Falls :aldwell Rep: Jake Schobinger QT#JS102124-2
Contact: Donald McEwen Phone: 979.429.8847
•
Phone/email: donald.mcewen@wichitafallstx.clov Date: Monday,October 21,2024
Contract: BuyBoard 724-23 email:jake@usaautomotivepartners.com
Product Description: Ford Police Interceptor Sport Utility
A. Bid Series: 106 A.Base Price: $ 35,900.001
B. Published Options[Itemize each below]
Code Options Bid Price Code Options Bid Price
Ford Police Interceptor Utility(K8A)AWD 3.31 Axle Ratio INCL
500A Order Code 500A INCL Wheels:18"Painted Black Steel INCL
E4 Vermillion Red INCL Tires:255/60R18 All Season INCL
99C Engine:3.0L V6 EcoBoost INCL Deep Tinted Glass INCL
44U Transmission:10-Speed Automatic INCL 8-Way Driver Seat INCL
9W Black,Cloth Front Seats w/Vinyl Rear INCL Remote Keyless Entry INCL
51T Driver Side LED Spot Lamp(Whelen) INCL Cruise Control INCL
68G Rear-Door Controls Inoperable INCL Rear HVAC INCL
59B Keyed Alike-1284x INCL Powered 1st Row Windows INCL
INCL Power Locks INCL
INCL Rear Vision Camera INCL
•
Total of B.Published Options: $ 15,895.00
■
C. Unpublished Options[Itemize each below,not to exceed 25%]
Disclaimer Order Summary Bid Price
PRICES AND AVAILABILITY CAN CHANGE AT ANY TIME WITHOUT 2025MY Factory Order COLOR/
FURTHER NOTICE DUE TO SUPPLY CHAIN CHALLENGES.REVERIFY Order Bank Entry:2/1/24 DELIVERY
PRICING BEFORE ISSUING A PURCHASE ORDER.FINAL PRICE IS NOT Delivery ETA:Q1/Q2 2025
CONFIRMED UNTIL VEHICLE ORDER IS ACCEPTED BY THE
MANUFACTURER.ACKNOWLEGDE BY EMAIL RECEIPTTHATTHE
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. UPFITTERS:
E Floor Plan Interest(for in-stock and/or equipped vehicles): S -
*Floor Plan Interest will not be applied if the vendor pays for the Chassis upon arrival to the Upfatter.
F. Lot Insurance(for in-stock and/or equipped vehicles): S"Lot Insurance will not be applied if the vendor pays for the Chassis upon arrival to the L'pfrtter.
G. Contract Price Adjustment: $ -
H. Additional Delivery Charge: miles - 1
Subtotal: $ 51,795.001
■
J. Quantity Ordered 1 x K= $ 51,795.00
•
K. Trade in:
L BUYBOARD FEE PER PURCHASE ORDER S 400.00
bL TOTAL PURCHASE PRICE WITH BUYBOARD FEE(PRICES AND AVAILABILITY $ 52,195.00
ARE SUBJECT TO CHANGE WITHOUT NOTICE)
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 9.D
Resolution No.
Resolution authorizing the purchase of twelve (12) 2025 Ford Utility
Police Interceptors for the Wichita Falls Police Department and the
Wichita Falls Fire Department through the BuyBoard Purchasing
Cooperative from Caldwell County Ford, LLC d/b/a Rockdale Country
Ford, LLC in the amount of$622,340.00
WHEREAS, Texas Local Government Local Government Code §252.022 exempts
items purchased through interlocal cooperative purchasing contracts from the State's
competitive bidding requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that Caldwell County Ford, LLC d/b/a Rockdale
Country Ford, LLC is offering twelve (12) 2025 Ford Explorer SUV Police Interceptors
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 staff is authorized to execute all documents necessary to purchase twelve (12)
2025 Ford Utility Police Interceptors from the low bidder, Caldwell County Ford, LLC d/b/a
Rockdale Country Ford, LLC, in the amount of $622,340.00.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 9.D
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the City Manager to execute a contract for the
purchase and installation of a totalAMH RFID System for the Wichita
Falls Public Library to Tech Logic Corporation in the amount of
$129,195.
INITIATING DEPT: Library
STRATEGIC GOAL: Actively Engage and Inform the Public
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: Since 2013, the Wichita Falls Public Library (Library) has used an
automated materials handler (AMH) to automatically check library materials returned by
customers and sort them for easier collation and shelving. The AMH saves staff time and
effort in routine tasks, allowing circulation personnel to concentrate on filling customer
holds and resolving circulation issues.
The conveyor belt machine and two computer induction stations have been in use since
2013, and an entire system upgrade is necessary to continue benefiting from the AMH.
Replacement parts are difficult to find, and the equipment and computers are outdated
and no longer supported by the manufacturer.
The cost to purchase and install a replacement AMH system is projected at $129,195.
The 2025 Library budget included $122,000 for this project. The quote received during
budget preparations has increased, but the overage will be covered with the Library's
Denotation Funds. Annual costs starting the second year are projected at $7,950, which
is 20% less than the $9,997 spent on annual costs in FY24. The purchase is being made
on the Allied States purchasing contract 22-7429.
Staff recommends moving forward with this replacement.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 9.E
Resolution No.
Resolution authorizing the City Manager to execute a contract for the
purchase and installation of a totalAMH RFID System for the Wichita
Falls Public Library to Tech Logic Corporation in the amount of
$129,195
WHEREAS, the Library's current AMH system is in excess of 10 years old and no
longer supported by the vendor; and,
WHEREAS, the AMH saves staff time and effort in routine tasks, allowing
circulation personnel to concentrate on filling customer holds and resolving circulation
issues; and,
WHEREAS, the 2025 Library budget included $122,000 for this project and the
remaining balance will be paid from the Library's Denotation Fund; and,
WHEREAS, the City Manager is authorized to execute a contract for the City with
said Contractor for the completion of such project in a form as approved by the City
Attorney; and,
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
execute a contract for the purchase and installation of a totalAMH RFID
System to Tech Logic Corporation in the amount of $129,195.
PASSED AND APPROVED this the 5th day of November 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 9.E
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution authorizing the City of Wichita Falls to execute an
interlocal agreement with the City of Burkburnett for the purchase of
used Wichita Falls Police Department vehicles.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: N/A
STRATEGIC OBJECTIVE: N/A
COMMENTARY: This interlocal agreement allows the City of Wichita Falls to sell used
Wichita Falls Police Department (WFPD) vehicles with the City of Burkburnett. This
purchase also includes the ancillary equipment that has been installed on these used
WFPD units. Specifically, the City of Burkburnett desires to purchase the following used
equipment that has been retired from the City's Fleet Maintenance inventory:
• Unit 5059 2019 BMW R125ORTP Motorcycle 39,284 miles
• Unit 5060 2020 BMW R125ORTP Motorcycle 28,243 miles
• Unit 5061 2020 BMW R125ORTP Motorcycle 26,660 miles
Normally, these units would be disposed of through the City of Wichita Falls' annual
auction. However, this interlocal agreement bypasses the traditional auction method of
disposal by allowing the City of Wichita Falls to sell the units directly to the City of
Burkburnett.
In past auctions, similar units have sold in the range of$3,000 to $6,000 apiece. As such,
staff recommends that these motorcycles be sold to the City of Burkburnett for $4,000
apiece as a fair market and recommended sales price for these units.
® Director, Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Resolution ; Interlocal Agreement
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 8 PAGES
AGENDA ITEM NO.9.F
Resolution No.
Resolution authorizing the City of Wichita Falls to execute an
interlocal agreement with the City of Burkburnett for the purchase of
used Wichita Falls Police Department vehicles
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code; and,
WHEREAS, the Parties are local governments as that term is defined in Section
791 .011 of the Texas Government Code; and,
WHEREAS, the Parties find that this Agreement is necessary for the benefit of the
public; that each Party has the legal authority to perform and to provide the governmental
function or service which is the subject matter of this Agreement; that any division of cost
fairly compensates the performing Party for services performed under this Agreement;
and the performance of this Agreement is in the common interest of both Parties; and,
WHEREAS, the City of Burkburnett desires to purchase surplus or used police
vehicles, including motorcycles, from the City of Wichita Falls for the use by its own law
enforcement officers to more effectively and efficiently perform law enforcement duties;
and; and,
WHEREAS, the City of Wichita Falls wishes to sell the surplus of used police
vehicles to Burkburnett for fair market value based on their current condition, along with
certain equipment attached to the individual vehicles; and,
WHEREAS, the City of Burkburnett is willing to pay the fair market value based on
the vehicle's current condition, along with certain equipment attached to the individual
vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls is authorized to enter into an interlocal agreement, in a
form hereby approved by the City Attorney, for the sale of used Wichita Falls Police
Department vehicles to the City of Burkburnett, Texas.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
PAGE 2 OF 8 PAGES
AGENDA ITEM NO.9.F
ATTEST:
City Clerk
PAGE 3 OF 8 PAGES
AGENDA ITEM NO.9.F
INTERLOC AL AGREE_IIENT
BETWEEN
CITY OF WICHITA FALLS _i D THE CITE OF'WICHITA FALLS
TEXAS FOR THE SALE OF POLICE VEHICLES WITH CERTAIN
E LIP IEI T
THIS INTERLOCAL AGREEMENT(hereinafter referred to as the"Agreement")is made
and entered into by and between the undersigned Local Governments of the State of Iexas-namely
City of Burkburnett, a home rule municipal corporation (the -Burkburnett"), and the City of
Wichita Falls. Texas, a home nile municipal corporation(the "Wichita Falls"),both acting by and
through their duly authorized representatives, pursuant to the provisions of the Interlocal
Cooperation Act,Texas Government Code, Section 791 et seq. Wichita Falls and Burkbumett are
referred to collectively herein as the"Parties-"or individually as a"Party."
WITNE.S S ETH:
WHEREAS,this Agreement is authorized by Chapter 791 of the Texas Government Code;
and,
WHEREAS, the Parties are local governments as that term is defined in Section 791.011
of the Texas Government Code; and,
WHEREAS,the Parties find that this Agreement is necessary for the benefit of the public;
that each Party has the legal authority to perform and to provide the governmental function or
service which is the subject matter of this Agreement; that any division of cost fairly compensates
the performing Party for services performed under this Agreement; and the performance of this
Agreement is in the common interest of both Parties;and,
WHEREAS, Burkburnett desires to purchase surplus or used police vehicles including
motorcycles from Wichita Falls for the use by its own law enforcement officers to more effectively
and efficiently perform law enforcement duties;and,
WHEREAS,Wichita Falls wishes to sell the surplus of used police vehicles to Burkburnett
for fair market value based on their current condition, along with certain equipment attached to the
individual vehicles: and
WHEREAS, Burkburnett is willing to pay the fair market value based on the vehicle's
current condition,along with certain equipment attached to the individual vehicles; and.
Page 1
PAGE 4 OF 8 PAGES
AGENDA ITEM NO.9.F
NOW, THEREFORE,in consideration of the mutual covenants and agreements herein
contained, the undersigned Parties agree as follows:
I. TERMS AND CONDITIONS
A_ Sale of Vehicles. For good and valuable consideration herein_ Wichita Falls agrees to sell
to Burkburnett certain vehicles used as police vehicles along with certain equipment
already installed. A list of the vehicles and equipment are attached in Exhibit A. Wichita
Falls further agrees to execute and deliver all documents necessary to effectuate the terms
of this agreement.
B. Term. This Agreement shall be effective upon the approval of the governing bodies cif
Wichita Falls and Burkburnett_ signed by the authorized individuals (`'Effective Date')_
and shall continue in force until all vehicles listed in Exhibit A are purchased or until such
times as either Party terminates the Agreement as provided herein.
H. GENERAL PROVISIONS
A_ Payments_Any payment made by a Party pursuant to this Agreement shall be made out of
current revenues available to said Party as required by the Interlocal Cooperation Act.
Parties agree that there will be no monthly rental cost associated with this Agreement.
B. Approval by Governing Bodies. This Agreement has been approved by the governing
bodies of City of Burkburnett and of the City of Wichita Falls.
C. Tax Exempt. The Parties are bodies corporate and politic under the laws of the State of
Texas and claim exemption from sales and use taxes under Texas Tax Code Ann. §
151.309, as amended.
D_ Severability. If any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Agreement will be
construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligation of the Parties shall be construed and enforced in
accordance therewith_ The Parties acknowledge that if any provision of this Agreement is
determined to be invalid or unenforceable_ it is the desire and intention of each that such
provision be reformed and construed in such a mariner that it will, to the maximum extent
practicable, give effect to the intent of this Agreement and be deemed to be validated and
enforceable.
E. Notices. Any notice to be given hereunder shall be in writing and may be affected by
personal delivery, in writing or by registered or certified mail, return receipt requested,
addressed to the proper Party_ at the following address:
Page =
PAGE 5 OF 8 PAGES
AGENDA ITEM NO.9.F
City of Wichita Falls:Paul Menzies.Acting City Manager
City of Wichita Falls
P.Q. Box 1431
Wichita Falls.Texas 76307
With Copy to: R.Kinley Hegglund_Jr.,City Attorney
City of Wichita Falls
P.O. Box 1431
Wichita Falls,Texas 76307
City of Burkburnett: Fred Tillman. City Manager
City of Burkburnett
501 Sheppard Rd
Burkburnett. Texas 76354
With Copy to: Michael Guevara,City Attorney
City of Burkburnnett
501 Sheppard
Burkburnett Texas
Burkburnett PD Donald Miller.Chief of Police
City of Burkburmett
101 E.College
Burkburnett, Texas 76354
F. Venue and Governing Law. The parties hereby consent and agree that state courts located
in Wichita County.Texas and the United States District Court for the Northern District of
Texas(Wichita Falls Division)each shall have personal jurisdiction and proper venue with
respect to any dispute between the parties arising in connection with this Agreement. In
any such dispute.the parties shall not raise,and do hereby expressly waive. any objection
or defense to such jurisdiction as an inconvenient forum.
G. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the
Parties hereto. and nothing in this Agreement, express or implied,is intended to confer or
shall be construed as conferring upon any other person any rights, remedies or any other
type or types of benefits.
H. Relationship of the Parties. Each Party to this Agreement. in the performance of this
Agreement. shall act in an individual capacity and not as agents.employees_partners_joint
ventures or associates of one another. The employees or agents of one Party shall not be
deemed or construed to be the employees or agents of the other Party for any purposes
whatsoever.
L No Waiver of Immunities.Nothing in this Agreement shall be deemed to waive.modify or
amend any legal defense available at law or in equity to the Parties, their past or present
officers. employees. or agents or employees. nor to create any legal rights or claim on
behalf of any third Party. The Parties do not waive. modify. or alter to any extent
Page 3 of 5
PAGE 6 OF 8 PAGES
AGENDA ITEM NO.9.F
whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas and of the United States.
J. Non-Appropriation and Fiscal Funding. The obligations of the Parties under this
Agreement do not constitute a general obligation or indebtedness of either Party for which
such Party is obligated to levy, pledge,or collect any form of taxation. It is understood and
agreed that Parties shall have the right to terminate this Agreement at the end of any Parties
fiscal year if the governing body of either Party does not appropriate sufficient funds as
determined by Parties budget for the fiscal year in question_
No Agency Relationship:It is understood and agreed that Burkbumett shall not in any sense
be considered a partner or joint venture with the Wichita Falls and vice versa_
L. Entire Agreement This Agreement represents the entire and integrated agreement between
the Parties and supersedes all prior negotiations, representations,or agreements,either oral
or written. This Agreement may be amended only by written instrument signed by each
Party to this Agreement
EXECUTED TO BE EFFECTIVE this day of September 2024.
CM' OF WIC:HITA FALLS CITY OF BURKBURNETT
By: By:
Tim Short Lori Kemp
Title: Mayor Title: Mayor
Attest:
Marie Balthrop Nikki Tepfer
City Clerk City Clerk
Approved as to form:
City Attorney
Page 4 of 5
PAGE 7 OF 8 PAGES
AGENDA ITEM NO.9.F
Units being sold
• Unit 5060
2020 BMW R125ORTP
28.243 miles
• Unit 5059
2019 BMW R125'RTP
39.284 miles
• 5061
2020 BMW R1250RTP
26.660 miles
In the past auctions units of similarity have sold in the range of 3.000-
6.000. As such we suggest S4.000.00 as a fair market and recommended
sale price for these units.
Page ; of ti
PAGE 8 OF 8 PAGES
AGENDA ITEM NO.9.F
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution Accepting the Sale of Excess City Owned Property
Consisting of a 0.344-acre tract of land out of William Anglin Survey,
A-2, Wichita County, Texas located at 3601 Armstrong Drive in the
Amount of $5,368.13.
INITIATING DEPT: Property Administration
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Identify and Expand Economic Development Opportunities
COMMENTARY: On June 4, 2024, the City Council passed Resolution #61-2024 to
authorize marketing of the excess City-owned property located at 3601 Armstrong Drive
for sale by sealed bid. The 0.344-acre tract advertised for sale beginning on September
19th and again on September 26th, as well as on the City's web page and social media.
Sealed bids were accepted in the Property Administration office until 1 :15 PM on October
14, 2022. There were numerous inquiries and bid packets picked up, but only one bid
was turned in. The bid was opened at 2:00 PM on October 14th in the legal department in
Room 302. That bid was for $5,368.13 and submitted by Mike Minter of 3400 Armstrong
Drive, Wichita Falls, TX. As per the requirement, Mr. Minter included a check for $600.00
which covered a 10% deposit of the total bid amount. The property was appraised by an
independent certified appraiser for $75,000.00.
Staff is presenting this resolution to council to either accept or reject the bid of$5,368.13
for the 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas
located at 3601 Armstrong Drive.
If said bid is accepted and approved, the bidder will begin their due diligence and will
have 10 days to satisfy themselves that the City has good title and staff will work with
them on a closing date.
® Property Administrator
ASSOCIATED INFORMATION: Resolution, Property Location Map,
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 9.G
Resolution No.
Resolution Accepting the Sale of Excess City Owned Property
Consisting of a 0.344-acre tract of land out of William Anglin Survey,
A-2, Wichita County, Texas located at 3601 Armstrong Drive in the
Amount of$5,368.13.
WHEREAS, the sale of this property will accelerate economic development, and,
WHEREAS, the City desires to declare this as excess property and reduce the
property inventory; and,
WHEREAS, it is determined to be in the best interest of the public to return this
City-owned property to private ownership; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The property located at 3601 Armstrong Road and more specifically described
in the attached Property Location Map, may be sold to Mike Minter for the offered
amount of $5,368.13 and the City Manager is authorized to execute the deed to such
property in such form as approved by the City Attorney.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 9.G
Property Location Map
3601 Armstrong
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CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: 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 to the City of Wichita Falls
for the demolition of the existing structures on the 12.7±acre tract of
land otherwise known as 100 Central East Freeway.
INITIATING DEPT: City Manager's Office
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 approved the use of eminent domain authority to acquire the tract for
a public park;
• November 2023 - After further attempts to negotiate the purchase, the City filed
the eminent domain suit;
• June 7, 2024 - The 4B Corporation 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 — City Council approved 4B funding for land acquisition costs.
• July 1, 2024— Mediation settlement agreement reached between City and property
owners, subject to City Council approval.
• August 6, 2024 — City Council approves mediation settlement agreement.
• October 29, 2024 — Bids for demolition due/opened.
• November 4, 2024 —4B Board to consider City's request for funding for demolition
reflective of the low bid received.
• November 5, 2024 — If 4B Board approves funding, City Council to consider (1)
approval of 4B funding for demolition, and (2) award of contract for demolition to
low bidder.
If the 4B Corporation Board at their meeting on Monday, November 4 approves the City's
request of funding for the demolition, the City Council on November 5 will consider both
the ratification of the 4B project/funding (this agenda item) and the award of the demolition
contract (next agenda item).
At the Council's leisure and if necessary, staff and the City Attorney are available to
provide an update on the project and current legal process in executive session.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 9.H
Staff recommends approval of the resolution subject to an amendment to include the
funding amount approved by the 4B Board.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 9.H
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 to the City of Wichita Falls for the
demolition of the existing structures on the 12.7± acre tract of land
otherwise known as 100 Central East Freeway
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 November4, 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 $ as
described below and in said corporation's agenda, is approved:
An amount up to $ to the City of Wichita Falls for the
demolition of the existing structures on the 12.7± acre tract of land
otherwise known as 100 Central East Freeway
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 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 9.H
CITY COUNCIL AGENDA
November 5, 2024
ITEM/SUBJECT: Resolution awarding a contract to the low bidder, Midwest Wrecking
Company of Texas, Inc., for the demolition of the existing structures
on the 12.7+ acre tract of land otherwise known as 100 Central East
Freeway, and authorizing the City Manager to execute all related
documents.
INITIATING DEPT: City Manager's Office
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 approved the use of eminent domain authority to acquire the tract for
a public park;
• November 2023 -After further attempts to negotiate the purchase, the city filed the
eminent domain suit;
• June 7, 2024 - The 4B Corporation 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 — City Council approved 4B funding for land acquisition costs.
• July 1, 2024— Mediation settlement agreement reached between City and property
owners, subject to City Council approval.
• August 6, 2024 — City Council approves mediation settlement agreement.
• October 29, 2024 — Bids for demolition due/opened.
• November 4, 2024 —4B Board to consider City's request for funding for demolition
reflective of the low bid received.
• November 5, 2024 — If 4B Board approves funding, City Council to consider (1)
approval of 4B funding for demolition, and (2) award of contract for demolition to
low bidder.
If the 4B Corporation Board at their meeting on Monday, November 4 approves funding
for the demolition, the City Council on November 5 will consider both the ratification of the
4B project/funding (previous agenda item) and the award of the demolition contract (this
agenda item).
On October 29, 2024, bids were opened for the demolition of the long-derelict structures
that make up the former Hotel by the Falls (see attached bid tabulation). Midwest
Wrecking of Texas was the low bidder amongst the twelve (12) bids received with a base
bid of $288,840 for the structure and $85,000 for the additional/alternative project to also
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 9.1
demolish and remove the existing parking lot, for a total bid amount of$373,840. The City
and the property owners are still in discussions regarding their desire and/or willingness
to have the parking lot removed.
Staff hopes to be able to provide a timeline for demolition at the meeting.
Staff recommends approval of the resolution subject to funding approval by the 4B Board
and the City Council for the project.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® Acting City Manager Approval
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 9.1
10/29/2024
BID TABULATION
BID 24-46 DEMOLITION,CLEARING&CLEANING OF COMMERCIAL PROPERTY
HOTEL BY THE FALLS
VENDOR '��}UMS BOND METHODBASE BID ABBVALT TOTAL.
COTHRAN CONSTRUCTION Y Y TRADITIONAL $799,990 $50,010 $850,000
WICHITA FALLS,TX
D.H.GRIFFIN OF TEXAS,INC. Y Y TRADITIONAL $1,159,423 5135,999 51,295,422
HOUSTON,TX
DT SPECIALIZED SERVICES INC. N _ _ NON-RESPONSIVE
CATOOSA,OK
GARRETT DEMOLI1lON Y Y TRADITIONAL $463,200 5118,540 $581,740
BURLESON,TX
GRANT MACKAY COMPANY V V TRADITIONAL $956,311 $133,363 $1,091,694
HOUSTON,TX
INTERCON DEMOLITION Y Y TRADITIONAL $775,500 $84,150 $859,650
WYLIE,TX
LINDAMOOD,INC V V TRADITIONAL $977,516 $20,940 $998,456
IRVING,TX
LLOYD D.NABORS❑EMOLf11ON Y Y TRADITIONAL $416,000 $69,500 $485,500
HUTCHINS,TX
MIDWEST WRECKING CO OF TEXAS,INC. Y V TRADITIONAL $268,840 $85,000 $373,840
FORT WORTH,TX
MIDWEST WRECKING CO LLC Y Y TRADITIONAL $1,212,540 $127,210 $1,339,750
OKLAHOMA CITY,OK
PRECISION DEMOLITION Y Y TRADITIONAL $757,500 $172,000 $929,500
LE W IS'ALLE,TX
TACTICAL DEMOLITION Y Y TRADITIONAL $565,000 $175,000 $740,000
CARROLLTON,TX
TOTAL WRECKING 8 ENVIRONMENTAL N - - NON-RESPONSIVE
TONAWANDA,NY
VEIT AND COMPANY Y Y TRADITIONAL $817,090 $141,440 $958,530
ALVARADO,TX
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 9.1
Resolution No.
Resolution awarding a contract to the low bidder, Midwest Wrecking
Company of Texas, Inc., for the demolition of the existing structures
on the 12.7+ acre tract of land otherwise known as 100 Central East
Freeway, and authorizing the City Manager to execute all related
documents
WHEREAS, on August 6, 2024, the City Council approved a "Mediation Settlement
Agreement" between the City of Wichita Falls and Wichita Falls Hospitality LLC for their
property owned at 100 Central East Freeway in Wichita Falls related to both the
acquisition of a portion of the property by the City for public park use and the demolition
of the existing structures on the site; and,
WHEREAS, on November4, 2024, the Wichita Falls Type B Sales Tax Corporation
approved the City's request for funding for the demolition of the structures on the site;
and,
WHEREAS, on November 5, 2024, and prior to this agenda item the Wichita Falls
City Council approved the funding of the Wichita Falls Type B Sales Tax Corporation for
said demolition; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council awards the contract for demolition of the structures at 100 Central
East Freeway to Midwest Wrecking Company of Texas, Inc., for an amount of $288,840
plus an additional/alternative amount of$85,000 for demolition and removal of the existing
parking lot, for a total amount not to exceed $373,840, and the City Manager is authorized
to execute all related documents.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
City Clerk
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 9.1