Min 03/19/2013 26
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
March 19, 2013
Item 1
The City Council of the City of Wichita Falls, Texas met in regular session on the above date in
the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following
members present.
Glenn Barham - Mayor
Michael Smith - Mayor Pro Tern
Annetta Pope - Councilors
Brian Hooker -
Tim Ingle -
Mary Ward -
Dorothy Roberts-Burns - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend David Crawford, Pastor, Fain Presbyterian Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed April 2, 2013 as "Absolutely Incredible Kids Day in Wichita Falls". This event is
sponsored by North Texas Campfire Council. Campfire representative Rhiannon Beesinger and several of the
Campfire children accepted the proclamation. Mayor encouraged everyone to write a letter encouraging and
praising these incredible kids.
Item 3b
Murphy Davis, 22 Chateau Court, City's Financial Advisor with Sentry Management, Inc.,
reported on the final pricing and sales results of the General Obligation Refunding Bonds, Series
2013. The Refunding is finished that City Council authorized City Manager and Finance Director
to act on Council's behalf if we met certain goals on refunding. All-In True Interest Cost (TIC) to
the City is 1.0287%; amount of refunding bonds is $3.7 million and we are refunding old issues.
Refunding was more attractive than expected. A copy of Mr. Davis' report is on file in the Office of
the City Clerk.
Item 4
Larry G. Robinson, 5559 Huntington Lane, mentioned that his land borders the City and
was annexed into the City by force. He enumerated several ordinances such as jake brake, burn
ban, storm water runoff, road maintenance that in his opinion did not work or he was unhappy
about with the City's lack of action. He spoke against the proposed chaining ordinance because
27
Item 4 continued
dogs are going to be dumped out in his area and it is going to affect livestock owners negatively.
He suggested that the City get rid of laws that do not work.
Item 5
Minutes of the March 5, 2013 Council meeting were approved as distributed.
Items 6a-7c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle that the Consent Agenda be approved.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 6a
RESOLUTION NO. 25-2013
Resolution Authorizing The City Manager To Execute An Interlocal Agreement With The
Region VIII Education Service Center For Participation In The Texas Interlocal Purchasing
System (TIPS/TAPS)
Item 6b
RESOLUTION NO. 26-2013
Resolution Authorizing The City Manager To Apply For And Accept A Federal Transit
Administration Grant Of Non-Transportation Management Area Funds In The Amount Of
$650,000 For The Wichita Falls Downtown Travel Center Project
Items 7a-7c
Minutes of the following boards and commissions were received.
(a) Firefighters and Police Officers' Civil Service Commission, November 28, 2012
(b) Landmark Commission, February 6, 2013
(c) Wichita Falls Traffic Safety Commission, February 6, 2013
Item 8a
A public hearing was held to determine if certain buildings and/or structures are to be
considered dangerous.
The Mayor declared the public hearing open.
Bobby Teague, Building Administrator, informed that eleven structures are being presented
for demolition; we have sixteen structures ready for destruction pending environmental review,
which have already been presented to Council. He welcomed the five new Code Enforcement
Officers and thanked them for the outstanding work they do.
Rita Miller, Code Enforcement Supervisor, presented information on the eleven hazardous
structures. Home owners or representatives that spoke are noted as follows.
Item 1. 1221 N. 61" Street, Owner: Dilts Construction, Inc., Daniel W. Dilts.
Item 2. 805 Stratford, Owner: James H. Moses
Item 3. 807 Chance, Owner: Karo Thursby
Item 4. 803 Rosewood, Owner: Hazel Johnson c/o Donald Johnson
28
Item 8a continued
Item 5. 601 Marconi, Owner: Howard Taylor and wife Virginia R. Taylor, 789 County Rd. 3145,
Clarksville, TX,
Mr. Taylor requested that his property be pulled from the demolition list because he has
persons interested in purchasing it. He plans to repair the structure and sell it; he requested
additional time to do repairs.
Mrs. Miller explained Staff's concerns about this structure commenting that it is not safe.
She added that Mr. Taylor has not provided any timeframe to rehab this property. We are
requesting demolition on both structures; they are not safe.
Mr. Taylor requested ninety days to be able to obtain the necessary permits and to allow
him time to take off work. Mr. Taylor agreed that the burned structure does need to be
demolished and requested that the City demolish if bids are reasonable.
Staff felt it was better for Mr. Taylor to demolish the back structure and they will work with
him to work off the City's bid; staff will also provide him contractors' names.
Council wanted Mr. Taylor to rehab the structure and pay the back taxes. Consensus was
to allow him ninety days to obtain the permits and begin working on his property
Item 6. 532 Olen, Accessory Structure, Owner: Larry Williams, 531 Olen
Mr. Williams informed that he has been tearing down the structure a little at a time; he tried
to obtain a permit but was told by Code that a contractor had to do the work.
Mayor questioned why he had not taken care of it previously instead of waiting until the
City told him to. Mayor informed him that this property was in the flood plain. Building
Administrator Bobby Teague informed that he would be able to get a permit but would need to
elevate the structure one foot because of the flood plain. Mr. Teague explained that Mr. Williams
was denied a roofing permit because he is not the owner-occupant of the property, and a
contractor would have to do the work, however Mr. Williams can obtain a demolition permit.
Mayor recommended 30 days to obtain a permit and 90 additional days to complete
demolition for a total of 120 days.
Item 7. 1900 Britain, Owner: Michael Willison Barrington, 749 Half House, Wichita Falls, TX
Michael Barrington, 749 Half House, stated that he purchased this property in July 2012
but the City waited until now to demolish, when this occurred in 2011. He was going to rehab, but
cannot afford to get permits right now because he has no job and no money.
Building Administrator Bobby Teague explained that if we demolish it, a licensed plumber
is required to disconnect the plumbing and cap it. Mrs. Miller informed that two notices were sent,
one regular mail and one certified but we have not received the green card on the certified mail.
Mayor asked Mr. Barrington when he could get the work done. Mr. Barrington responded
that if he could get a permit he could get it done anytime.
Mayor recommended 30 days to obtain permits and 90 additional days to get work done.
Demolition permit is good for 30 days.
Item 8. 1311 Bell, Owner: Thomas Najear and Arturo Enriquez Ramirez,
Item 9. 1704 Fillmore, Owner: Phillip P. Dickey
Item 10. 1606 Garfield, Owner: Terry Bassett Beneficiary of Lorene Bassett Revocable Living
Trust
Item 11. 714 Ross, Owner: Victor M. Saenz, 600 Ross
Mr. Saenz requested additional time to repair the structure; he can obtain a permit and
does have contractors; he has done some work on the structure.
Building Administrator Bobby Teague informed that it is in the flood plain and he has to
elevate one foot above flood plain to rebuild.
Mayor recommended 30 days to pull permit and 90 additional days to restore. This will be
a Restoration Permit
The Mayor called for additional comments. There being none, Mayor declared the public
hearing closed.
29
Item 8b
ORDINANCE NO. 11-2013
Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring
Property Owners To Demolish Said Building And/Or Structures Within 30 Days Of The
Date Of This Ordinance; And Declaring An Emergency And Immediate Effective Date
Moved by Councilor Smith that Ordinance No. 11-2013 be passed with the exceptions on
the List of Objections, Exhibit A, which were discussed during the public hearing first above, attached
hereto and made a part of these minutes.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
City Council recessed at 9: 20 a.m. and reconvened at 9:35 a.m.
Mayor welcomed Mrs. Jan Herzog's Second Grade Class from Scotland Elementary who were in
attendance.
Item 9a
ORDINANCE NO. 12-2013
Ordinance Amending Chapter 22 Of The Code Of Ordinances Of The City Of Wichita
Falls To Modify Sections 22-636 And 22-638 And Add Section 22-649 To Article IX
Thereof To Modify Grading Permit Requirements In Completed Residential Subdivisions;
Providing A Penalty Of Up To $500 Upon Conviction; And Providing For Codification
Moved by Councilor Smith that Ordinance No. 12-2013 be passed.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle and Ward.
Nays: None
Item 9b
ORDINANCE NO. 13-2013
Ordinance Amending Subsection (2) Of Section 14-381 Of The Code Of Ordinances Of
The City Of Wichita Falls To Modify Chaining And Tethering Requirements For Animals;
Providing For A Penalty Not To Exceed $500 Upon Conviction; Providing For Codification;
And Providing For Effectiveness Only After 180 Days And Only If A Program Is Established
To Provide Low Income Persons With Animal Enclosures
Moved by Councilor Smith that Ordinance No. 13-2013 be passed.
Motion seconded by Councilor Pope.
Health Director Lou Kreidler informed that the proposed amendment would prohibit chaining and
tethering of animals unless the owner or handler is outside and within 50 feet of the animal or is holding
the chain or tether. Amendment also requires that a nonprofit group be formed to assist and educate
persons who do not have the means to obtain adequate fencing to assure that the animal remains in the
yard without tethering. The nonprofit organization must be able to assist at least three persons per month
and the City Manager or his designee will be required to certify that the organization complies or the
ordinance becomes null and void. This ordinance would go into effect in 180 days.
Councilor Ingle commented that some ordinances are unenforceable and asked if we were going
to start fining right away? City Attorney informed that $500 is the maximum and we do not set fines on
30
Item 9b continued
the first offense. Health Director informed that they work with the home owners to help them come into
compliance.
The following persons spoke in support of the proposed amendment.
Leslie Harrelson, 3700 Arena Road, Director of PETS (Preventing Euthanasia Through
Sterilization); dogs being dumped is an overpopulation problem not a chaining issue. Chaining is against
State law. We want something we can enforce.
Marilyn Scott suggested amending the ordinance to grandfather those dogs that are not fighting
dogs that they not be put down. She encouraged pet lovers to go to 4B Board to help them fund their
Program.
The following persons spoke against the proposed amendment.
Larry Robinson, 5559 Huntington Lane, mentioned that if you pass an ordinance that makes
fences a public fence you are telling citizens what to do with their fence. You are going to make a
`difference of opinion' a `criminal offense'. It is not an overpopulation problem issue because when
people cannot take care of their dogs they dump them. Are you going to compensate the livestock
owners that are killed by dogs? Horses have also been dumped; people cannot afford to maintain
animals. Do the dogs have more rights than sheep and goats? Who is going to compensate us when
this happens? You say you know what is best for the dogs but what about the livestock?
Kendra Burley 1414 Mitchell, has two pit bulls for protection of her property because she has
been broken into. One of her dogs constantly gets out so she has to chain them while she is at work;
however they have enough chain to run around in and are well maintained. She does let them loose in
the backyard when she is there. They are big dogs but are happy and not aggressive; not all dogs are
aggressive if chained.
Ms. Burley emphasized that it is not fair for the City to do that; she wanted to know who was
going to help her when they take her dogs. She said she was not willing to loose her dogs because of
this ordinance; it is not right. "Everyone has a choice and it is not fair".
The following persons spoke in support of the proposed amendment.
Erin Hudson, #2 Karen Court, representing PETS, commented that they want to help people like
this lady; and are willing to work to help her keep her dogs and have a fence; it is not going to be a
burden to the taxpayers.
Karen Hammond, 2013 Hampstead, with PETS, informed that they have created ways to keep
animals in. Let's become an animal loving City. Need to socialize to keep dogs friendly.
Councilor Smith called for the question. Mayor requested that two more people be allowed to
speak.
Janice Walden, 104 Ft. Worth Street, is a dog lover but is afraid of dogs; she has mixed feelings
about this proposed amendment. If people work, there should be some way that people can chain their
dogs when they are at work. People drop dogs on eastside too, not just out in the country. There are
dogs loose all the time and I call Animal Control all the time. I am more concerned about the dogs that
are loose than those that are on chains. I would rather see a dog on a chain and not in a fence. Seems
we have a problem here.
TysonTraw, 2223 Valley View Rd., stated that everyone here has a common goal — to see that
dogs get taken care of well. I have dogs and take care of them; they are fenced and when he takes
them to the park he works them on a leash. Health Director stated that this ordinance follows State law,
however State law allows chaining/tethering of a dog for some period of time. State law makes no
mention of all animals but this ordinance restricts all animals from being tethered. City Attorney pointed
out that this amendment only adds subsection `e' which only restricts dogs; subsections `a-d' are not
changes only a reorganization of the current statute.
Mr. Traw does not understand why the ordinance was written the way that it was. He hopes this
proposed amendment does not pass.
Councilor Smith called for the vote.
Motion carried unanimously.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
31
Item 9c
ORDINANCE NO. 14-2013
Ordinance Appropriating To The Special Revenue Fund For Housing Opportunities For
Persons With AIDS (HOPWA) Grant Funding In The Amount Of $62,750 For The Early
Intervention Program And Authorizing The City Manager To Execute A Contract And All
Other Documents Necessary To Receive Said Funds From Tarrant County
Moved by Councilor Smith that Ordinance No. 14-2013 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10a
RESOLUTION NO. 27-2013
Resolution Authorizing The City Manager To Execute All Documents Necessary To
Purchase 107 Computer Workstations From Global Asset Through The Texas
Department Of Information Resources, In The Amount Of Approximately $76,398.00
Moved by Councilor Smith that Resolution No. 27-2013 be passed.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10b
RESOLUTION NO. 28-2013
Resolution Authorizing The City Manager To Execute All Documents Necessary To
Purchase 11 Hewlett Packard Servers, A Tape Back-Up System, And Related Hardware
From Global Asset Through The Texas Department Of Information Resources, In The
Amount Of Approximately $129,022.30
Moved by Councilor Ward that Resolution No. 28-2013 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10c
RESOLUTION NO. 29-2013
Resolution Awarding Bid For The 2013 Street Rehabilitation Project (CWF13-100-09) In
The Amount Of$3,449,742.25 To Zack Burkett Company
Moved by Councilor Ingle that Resolution No. 29-2013 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
32
Item 10d
RESOLUTION NO. 30-2013
Resolution Authorizing The City Manager To Execute A Professional Services Agreement
With URS Corporation For Engineering Services In Conjunction With Phase III
Commercial Apron Construction At Wichita Falls Municipal Airport, In An Estimated
Amount Of$187,440.00
Moved by Councilor Hooker that Resolution No. 30-2013 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10e
RESOLUTION NO. 31-2013
Resolution Authorizing An Amended 2013 License Agreement With The YMCA For Land
In University Kiwanis Park And Lake Wichita Park
Moved by Councilor Pope that Resolution No. 31-2013 be passed.
Motion seconded by Councilor Hooker.
Brandon Brown, 4507 Barbados, YMCA Director, informed that proceeds from the sales of signs
will go back into Kiwanis Park.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 11 a
There were no staff reports.
Item 11 b
Council members brought up the following matters:
Councilor Ingle:
a) Referred to the gas leak issue and commended First Responders who did a Herculean effort.
Councilor Smith:
a) Thanked everyone on the dog chaining effort; much work for years has gone into this. If
anyone sees a concern when this is implemented, call City staff.
Councilor Pope:
a) Thanked citizens who were here today on the chaining ordinance and for their input, as well as
staff.
Mayor Barham:
a) Glad this is behind us; it has been a long process and has been on the radar for about three
or four years, it is not like we did this overnight and for people to wait until the last minute to
express their concerns and to expect things to change drastically is short sighted on their
part. It has been on the news for a long time. It is now resolved and the ordinance will go into
effect in 180 days contingent on the PETS Organization raising sufficient funds to assist a
minimum of three folks a month for three years; building fences and correcting their
enclosures to keep those animals contained. It is a well written ordinance and well
researched.
33
Item 12
City Council went into Executive Session at 11:14 a.m. in accordance with Texas Government
Code Sections 551.071, 551.072, 551.074 and 551.087.
City Council reconvened at 1:25 p.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 13
Moved by Councilor Smith that Mr. James Wingo be moved/appointed to Place 2 of the
Planning and Zoning Commission, with term to expire December 31, 2013.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Moved by Councilor Pope that Mr. Richard Graham be appointed to Place 10 as Alternate
No. 1, Planning and Zoning Commission, with term to expire December 31, 2014.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 13
City Council adjourned at 1:27 p.m.
PASSED AND APPROVED this 2nd day of April 2013.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
34
"EXHIBIT A"
HAZARDOUS STRUCTURES
LIST OF OBJECTIONS
City Council Meeting March 19,2013
Ordinance 11-2013
The Demolition Order was suspended on the following properties
Item 5. 601 Marconi — Howard Taylor was authorized 30 days to obtain a
permit plus 90 additional days for substantial completion; a total of 120 days.
Item 6. 532 Olen — Larry Williams was authorized 30 days to obtain a permit plus 90
additional days substantial completion; a total of 120 days.
Item 7. 1900 Britain - Michael Barrington was authorized 30 days to obtain a
permit plus 90 additional days for substantial completion; a total of 120 days.
Item 11. 714 Ross - Victor Saenz was authorized 30 days to obtain a permit
plus 90 additional days for substantial completion; a total of 120 days. This is for a Restoration
Permit.
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor 4..
Dorothy Roberts-Burns, At Large'
Michael Smith, Mayor Pro Tern
~r Annetta Pope-Dotson, District 2
Brian Hooker, District 3
Q Q Tim Ingle, District 4
��_llll r e i n s Mary Ward, District 5
B/u�Skie,Cr�/dery 0���-tc�tie� ---
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium,
1300 Seventh Street, Tuesday, March 19, 2013 , 2013 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend David Crawford, Pastor
Fain Presbyterian Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Absolutely Incredible Kids Day - Rhiannon Beesinger,
Campfire & Incredible Kids
(b) Presentation of Bond Refunding by Murphy Davis of Sentry Management
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 Meeting Commencing. A Five Minute Time
Frame Will Be Adhered To For Those Addressing Their Concerns.
5. Approval Of Minutes Of The March 5, 2013 Regular Meeting Of The Mayor And City
Council
CONSENT AGENDA
6. Resolutions
(a) Resolution Authorizing The City Manager To Execute An #36
Interlocal Agreement With The Region VIII Education
Service Center For Participation In The Texas Interlocal
Purchasing System (TIPS/TAPS)
(b) Resolution Authorizing The City Manager To Apply For #37
And Accept A Federal Transit Administration Grant Of
Non-Transportation Management Area Funds In The
Amount Of $650,000 For The Wichita Falls Downtown
Travel Center Project
7. Receive Minutes
(a) Firefighters and Police Officers' Civil Service Commission,
November 28, 2012
(b) Landmark Commission, February 6, 2013
(c) Wichita Falls Traffic Safety Commission, February 6, 2013
REGULAR AGENDA
8. (a) Public Hearing To Determine If Certain Buildings And/Or
Structures Are To Be Considered Dangerous
(b) Ordinance Finding Certain Buildings And/Or Structures #38
To Be Dangerous; Requiring Property Owners To
Demolish Said Building And/Or Structures Within 30
Days Of The Date Of This Ordinance; And Declaring An
Emergency And Immediate Effective Date
9. Ordinances
(a) Ordinance Amending Chapter 22 Of The Code Of #39
Ordinances Of The City Of Wichita Falls To Modify
Sections 22-636 And 22-638 And Add Section 22-649 To
Article IX Thereof To Modify Grading Permit
Requirements In Completed Residential Subdivisions;
Providing A Penalty Of Up To $500 Upon Conviction;
And Providing For Codification
(b) Ordinance Amending Subsection (2) Of Section 14-381 #40
Of The Code Of Ordinances Of The City Of Wichita Falls
To Modify Chaining And Tethering Requirements For
Animals; Providing For A Penalty Not To Exceed $500
Upon Conviction; Providing For Codification; And
Providing For Effectiveness Only After 180 Days And
Only If A Program Is Established To Provide Low
Income Persons With Animal Enclosures
CITY COUNCIL AGENDA
PAGE 2 OF 5
(c) Ordinance Appropriating To The Special Revenue Fund #41
For Housing Opportunities For Persons With AIDS
(HOPWA) Grant Funding In The Amount of $62,750 For
The Early Intervention Program And Authorizing The
City Manager To Execute A Contract And All Other
Documents Necessary To Receive Said Funds From
Tarrant County
10. Resolutions
(a) Resolution Authorizing The City Manager To Execute All #42
Documents Necessary To Purchase 107 Computer
Workstations From Global Asset Through The Texas
Department Of Information Resources, In The Amount
Of Approximately $76,398.00
(b) Resolution Authorizing The City Manager To Execute All #43
Documents Necessary To Purchase 11 Hewlett Packard
Servers, A Tape Back-Up System, And Related Hardware
From Global Asset Through The Texas Department Of
Information Resources, In The Amount Of
Approximately $129,022.30
(c) Resolution Awarding Bid For The 2013 Street #44
Rehabilitation Project (CWF13-100-09) In The Amount Of
$3,449,742.25 To Zack Burkett Company
(d) Resolution Authorizing The City Manager To Execute A #45
Professional Services Agreement With URS Corporation
For Engineering Services In Conjunction With Phase III
Commercial Apron Construction At Wichita Falls
Municipal Airport, In An Estimated Amount Of
$187,440.00
(e) Resolution Authorizing An Amended 2013 License #46
Agreement With The YMCA For Land In University
Kiwanis Park And Lake Wichita Park
11. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
CITY COUNCIL AGENDA
PAGE 3 OF 5
12. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to elections and economic
development and acquisition of properties along routes between the
City's wastewater treatment plant and the City's water treatment
plants and reservoirs)
b) Executive Session in accordance with Texas Government Code §
551.072, to deliberate the purchase, exchange, lease, or value of real
property interests due to the fact that deliberation in an open
meeting would have a detrimental effect on the position of the City in
negotiations with a third party (including, but not limited to the
purchase of properties along routes between the City's wastewater
treatment plant and the City's water treatment plants and reservoirs
for water reuse)
(c) Executive Session in accordance with Texas Government Code
§551.074 to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, dismissal of a public officer or
employee (including, but not limited to, members of the Planning &
Zoning Commission)
(d) 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, utilities,
transportation, and manufacturing related projects)
13. Open Session To Consider Appointments To The Following Boards And
Commissions:
• Planning and Zoning Commission
14. Adjourn
Wheelchair or handicapped accessibility to the meeting is possible by using the
handicapped parking spaces and ramp located off the east parking lot on the 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
CITY COUNCIL AGENDA
PAGE 4 OF 5
spaces and ramp on 7th Street at the main building entrance. 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. Wireless Listening System devices are available at the
City Manager's reception area or you may call 761-7404 for inquiries.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a
subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City
Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,
ordinances, and other actions concerning any word, phrase, or other subject may be voted upon,
regardless of any language of limitation found in this agenda or any document referring to such action.
Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item
which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation,
any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest
of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such
without further notice. Any item on this agenda may be discussed in executive session if authorized by
Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless
of any past or current practice of the City Council. Executive sessions described generally hereunder
may include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice. Executive sessions described generally hereunder are closed meetings, may
include consideration of any item otherwise listed on the agenda plus any subject specified in the
executive session notice, and may include items under Texas Government Code Sections 551.071,
551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the day of
2013 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
PAGE 5 OF 5