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AGD 06/03/2025 City of Wichita Falls City Council Agenda Tim Short, Mayor ciov Austin Cobb, At Large \ Whitney Flack, District 1 '� 4* s; Robert Brooks, District 2 I \jtI )c4ii Jeff Browning, Mayor Pro-Tem/District 3 a2� rl IfN 4ir S Mike Battaglino, District 4 � • TEXAS V Tom Taylor, District 5 &/ue5Aie�:4o/deo 0ipp ortumities: 11,1161-James McKechnie, City g Interim Manager 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 and Memorial Auditorium, 1300 Seventh Street, Tuesday, June 3, 2025, 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: Major Joe Burton Salvation Army (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month — Rosemary Nauman, Human Resources (b) Proclamation — June Elder Abuse Awareness, Adult Protective Services, Wichita Falls (c) Proclamation —Animal Welfare Volunteer and Community Partner Appreciation Day 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. Receive Minutes (a) Planning & Zoning, April 9, 2025 (b) Public Safety Facility Committee, April 17, 2025 (c) Wichita Falls Economic Development Corporation, March 20, 2025 REGULAR AGENDA 6. Public Hearing & Ordinances (a) Conduct a public hearing and take action on Chapter 26 - Business Regulations, Article IX — Body Art; amending in its entirety; and providing for codification i. Public Hearing ii. Take Action (b) Ordinance amending Ordinance No. 50-2024, the fee schedule Section 6. Health, 6b-3. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date (c) Conduct a public hearing and take action on an ordinance annexing 2 acres of land out of the Green Reynolds Survey, Abstract 251, Wichita County, Texas; referenced as a portion of 2707 W Rathgeber Road, at the request of the property owner; accepting the 2707 W Rathgeber Road/S&S Investments Annexation Service Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43; Subchapter C-3 — authority of municipalities to annex an area on request of owners; and designating the tract's zoning as Single Family 2 (SF- 2) and Land Use Plan classification as Low Density Residential (LDR) i. Public Hearing ii. Take Action (d) Conduct a public hearing and take action on an ordinance to rezone +/- 1 .70 acres of land located at 5201 , 5203, 5205, & 5207 Stone Lake Dr. (Lots 33-36, Block 1 , Phase 9, Stone Lake Estates)from Single Family-2 (SF-2)to General Commercial (GC) zoning district; and amend the Land Use Plan from Low Density Residential to Commercial to allow for the construction of an office building CITY COUNCIL AGENDA PAGE 2 OF 5 i. Public Hearing ii. Take Action (e) Public Hearing concerning designating the boundaries of the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone (f) Ordinance designating the properties located in the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone (g) Public Hearing and Ordinance concerning the designation and creation a Neighborhood Empowerment Zone (NEZ), located in the Heart of the Falls Neighborhood Revitalization Area, and directing staff to implement incentives, strategies, property maintenance codes, and design guidelines outlined, as an element to the Heart of the Falls Neighborhood Revitalization Plan as previously adopted by the City Council i. Public Hearing ii. Take Action (h) Ordinance adopting the collective bargaining agreement between the City of Wichita Falls and Wichita Falls Professional Fire Fighters Association, International Association of Fire Fighters, Local 432, pursuant to Chapter 174 of the Texas Local Government Code, the Fire and Police Employee Relations Act 7. Resolutions (a) Resolution supporting the City of Wichita Falls' application to the Texas Department of Transportation's 2025 Transportation Alternatives Set-Aside (TA) call for project 8. Other Council Matters (a) Staff Reports i. Update on Joint Land-Use Study with Sheppard Air Force Base — Karen Montgomery-Gagne ii. City Manager Report — James McKechnie (b) Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. CITY COUNCIL AGENDA PAGE 3 OF 5 10.Executive Sessions (a) Executive Session in accordance with Texas Government Code §551.071 , consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to collective bargaining and meet & confer). (b) 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, boards and commissions). (c) 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, an economic development update). 11 .Memorial Auditorium Tour to meet at the east entrance, Memorial Auditorium, 1300 Seventh Street. 12.Adjourn from 1st floor of Memorial Auditorium, 1300 Seventh Street. 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. CITY COUNCIL AGENDA PAGE 4 OF 5 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 28th day of May, 2025 at 5:30 o'clock p.m. Deputy City Clerk CITY COUNCIL AGENDA PAGE 5 OF 5 CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Employee of the Month INITIATING DEPT: Human Resources NAME: Rosemary Nauman DEPARTMENT: Human Resources HIRE DATE: 9/25/2001 PRESENT POSITION: Human Resources Generalist 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 ® Interim City Manager Approval PAGE 1 OF 1 PAGES AGENDA ITEM NO. 3.A MINUTES PLANNING &ZONING COMMISSION April 9, 2025 PRESENT: Jeremy Woodward *Chairman Blake Haney •Vice-Chair Steven Wood *Member Noros Martin *Member Michael Grassi *Member Alan Sizemore *Member Brady Enlow *Member Doug McCulloch •Member Jack Browne *Alternate No.1 Richard Milhollon •SAFB Liaison James McKenchie, Acting City Manager •City Staff Paul Menzies, Assistant City Manager •City Staff Terry Floyd,Development Services Director •City Staff Fabian Medellin, Planning Manager •City Staff Kinley Hegglund,City Attorney •City Staff Robin Marshall,Admin Assistant •City Staff ABSENT: Matt Marrs *Member Aston Pecor *Alternate No.2 GUEST: Tom Taylor,Councilman •City Council Woody Gossom ♦ I. CALL TO ORDER The meeting was called to order by Chairman Jeremy Woodward at 2:00 pm. II. PUBLIC COMMENTS Chairman Woodward asked if there were any comments from the public for any items not on the agenda. No one from the public had any comments. III. ADOPTION OF MINUTES 1 Chairman Woodward asked if any of the members of the Commission have a .400 motion to approve the March 12, 2025 meeting minutes. Commissioner Noros Martin made the motion, and Commissioner Alan Sizemore seconded the motion. Chairman Woodward asked if anyone from the public would like to make a comment. No one came forward with any comments. Chairman Woodward then took the motion to approve the March 12, 2025 meeting minutes to a vote. The motion passed with a vote of 9 - 0 in favor. IV. CONSENT AGENDA Chairman Woodward then asked if there were any items that were to be moved from the consent agenda to the regular agenda. Mr. Fabian Medellin stated that there were none, but added that staff had to list plats from last month's meeting since a vote for the consent agenda was not taken at that meeting by mistake. Chairman Woodward asked if there was a motion to approve the consent agenda. Commissioner Doug McCulloch made the motion to approve, and Commissioner Steve Wood seconded the motion. Chairman Woodward asked if anyone from the public would like to speak about the consent agenda, and no one made any comments. Chairman Woodward took the motion to approve the consent agenda to vote, and it passed with a vote of 9-0. Chairman Woodward then moved on to the regular agenda. V. REGULAR AGENDA Memorial Highway Recommendation — Southbound US Highway 82 Flyover Consider taking action on a request for a resolution of support for a Memorial Highway Designation in honor of Ray Gonzalez Jr. Chairman Woodward asked if there was a motion to approve the case. Mr. Browne made the motion, and Wood seconded the motion. Mr. Fabian Medellin presented the case and stated that today we have a petition that was received that's actually going to be a joint presentation from MAVA, which is the Mexican-American Veterans Association. They met with city staff in regard to a potential highway dedication. MAVA initially met with 2 TxDot and some city staff with regard to this dedication. He said the state does 440,0 allow for a process to memorialize a state highway, but part of that process does require a city resolution in support of that dedication. Mr. Medellin explained that MAVA reached out to us with the request to honor Ray Gonzales Jr. with the dedication of the southbound US-82 flyover (which was actually right next to Mr. Gonzales' auto that he worked at for many years and along with many other accomplishments). Mr. Medellin presented a map of an aerial view of the location, stating that it is at the Kell 287, 281 interchange, and it's specifically only the southbound flyover. Working with MAVA and with TxDOT Representative Shaun Barnes, who is here as well, MAVA submitted that petition to us, requesting a formal resolution of support to honor Ray Gonzales Jr. with the dedication of that overpass. Here we have the actual exhibit of the other petition that was submitted to city staff. Mr. Medellin informed the Commission that staff does fully recommend that the southbound US-82 Flyover be dedicated in honor Mr. Ray Gonzales Jr. He then asked to have a representative of MAVA step up, and then Mr. Medellin said after this,we'll take one more step which will be a presentation to City Council with that resolution of support of the dedication. The City Council meeting will take place the first meeting in May. Mr. Johnny Villastrigo from MAVA came to the podium and explained that they are a nonprofit veteran's organization. Their mission is to help all veterans in the Wichita Falls area, and they also collaborate with other veteran. He highlighted the life of Mr. Gonzales, his service in the military and his service to his community. Mr. Woody Gossom spoke, giving more details of Mr. Gonzales' service and experiences in the military, sharing that Mr. Gonzales received the purple heart for injuries sustained while getting shot twice in the same event. He also earned the Vietnam Service medal, the Bronze Star. Mr. Gossom also spoke a little more on his community service in which he was a City Councilman, Mayor Pro- Tern in 2006-2008, and served eight years on the Wichita County Commissioner's Court. The President of MAVA spoke about what MAVA does for veterans, and then presented the Planning and Zoning Commission a statue to show their appreciation. The statue reads, "Gone but not forgotten" and then he thanked the Commission for their patriotism to their country, to their fellow man and to their fellow veteran. 3 Following the presentation of the statue, members of Mr. Gonzales' family came forward with a few words about their father, and showed their appreciation to the Commission for their consideration of naming the section of US-82 in honor of their father. Chairman Woodward asked if there were any other comments from the public, but none were made. Chairman Woodward then took the motion to recommend the Memorial Highway Designation in honor of Ray Gonzalez Jr. The vote passed 9-0. Chairman Woodward continued on the agenda to the staff update. VI. OTHER BUSINESS Mr. Medellin began his presentation on some items that staff will be working on and bringing to the Commission in the next few months. That are worthy of discussion and potentially impacting our zoning ordinance, and potentially necessitating change in the ordinance. He broke it down into three categories: 1) New technological land uses — Battery energy storages or cryptocurrency mining. s 2) Signs — There have been some Supreme Court cases that have affected the way that we can regulate signs. 3) Manufactured Homes - new and recent trends and definitions and distinct differences between different types of homes has created a bit of a conflict in our ordinance. VII. ADJOURNMENT Vice-Chairman Haney adjourned the meeting at 3:17 pm. — 37)9/ remjoasI .n Date f/ff0S- Terry 'loy•, Director of Development Date 4 MEETING AGENDA & NOTES Project: Public Safety Assessment Committee Job No: 23023 Date: April 17th, 2025 Location: Clarence W MuehlbereRer Travel City of Wichita Falls— Public Safety Assessment PSA Committee Meeting#6 1. Call to Order a. Chair Mike Battaglino called the meeting to order at 1:00 PM. 2. Committee Member Introductions Present: Chair: Mike Battaglino,City Councilor Carol Murray, Public Member Bobby Whiteley, Public Member Ford Swanson, Public Member Blake Jurecek,Assistant City Manager Dave Clark, Public Member Cody Melton, Fire Chief Kevin Folmar, Police Dept. Derek Brown, IT/Facilities Manager Ford Swanson, Public Member Tyler Methvin, Public Member Design Team: Gina Irwin, BSW Don Greer, BSW Steve Wood, BYSP Architects Absent: Manuel Borrego, Chief of Police Michael Smith, Public Member Reno Gustafson, Public Member Gina Irwin, BSW Don Greer, BSW Steve Wood, BYSP Architects Al Vitolo, Fire Dept./IAFF Tanner Wachsman, Public Member 3. Minutes Approved 4. Mike& Blake discussed role of citizens subcommittee. a. Steven presented on bond donated funds.Showed previous examples of funding scenarios. Debt service needs.Tax supported debt.Timelines. b. Mike discussed May or November timelines. 5. Chief Melton discussed determining Fire Department needs to create plan and move forward. 6. Mike discussed meeting with WFISD regarding potential Old High site and feasibility. a. PD discussed needing better road access. 7. Other Business Matter a. No new business. 8. Adiournment Meeting was adjourned by Chair Battaglino at 1:43 PM. Next Meeting For Subcommittee: May 15 ', 2025 at Old High Building Secretary: Tyler Methvin Committee Chair: Mike Battaglino MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION MARCH 20, 2025 PRESENT: Leo Lane, President § WFEDC Members David Toogood, Vice President § Brent Hillery § Reno Gustafson § Craig Lewis § Tim Short, Mayor § Mayor & Council Mike Battaglino, Councilor, District 4 § Austin Cobb, Councilor-at-Large § James McKechnie, Interim City Manager § City Administration Paul Menzies, Assistant City Manager § Blake Jurecek, Assistant City Manager § Kinley Hegglund, City Attorney § Stephen Calvert, CFO & Finance Director § Terry Floyd, Dir of Development Services § Tyson Traw, Deputy Director of Public Works § Monica Aguon, Senior Assistant City Attorney § Chris Horgen, Public Information Officer § Paige Lessor, Legal Asst/Recording Secretary § Jason Tole, CFO /Asst General Mgr. § Syntrio Solutions, LLC Ron Kitchens, CEO § Wichita Falls Chamber of Commerce Vicki Pratt, Partner § 1. CALL TO ORDER. Mr. Leo Lane called the meeting to order at 2:30 p.m. 2. CONSENT AGENDA. a. Approval of Minutes (December 19, 2024, and February 6, 2025) Mr, Reno Gustafson requested that the minutes be corrected to reflect his presence at both meetings. The Recording Secretary, Ms. Lessor, acknowledged the needed correction. b. Financial Report Mr. Paul Menzies reported that while sales tax collections continue to show variability from WFEDC MINUTES 3/20/2025 PAGE 1 OF 7 month to month with no clear trend, the overall financial outlook remains positive. Collectively, year-to-date revenues are ahead of both the previous year's performance and the current budget projections. He noted that the board currently has approximately $12.5 million in uncommitted funds. Barring any additional expenditures or new funding commitments for the remainder of the fiscal year, although he emphasized that he hopes this is not the case, the projected year-end fund balance is estimated to be approximately $16.5 million. Mr. Lane asked if there were any further comments or questions. No comments were made, nor questions asked. Mr. David Toogood made a motion to approve the consent agenda as corrected. Seconded by Mr. Brent Hillery, the motion carried 5-0. 3. DISCUSSION AND POSSIBLE ACTION TO CONSIDER DEDUCTIVE CHANGE ORDER #1 RELATED TO THE EXTENSION OF PRODUCTION BLVD BY CONTRACTOR BH DEVCO IN THE WF BUSINESS PARK. Mr. Menzies provided an update to the board about the project. He noted that the change order would result in some cost savings and introduced Tyson Traw, Deputy Director of Public Works, to provide a more extensive update. Mr. Lane inquired about a status update on total bond expenditures and allocations, to which Mr. Menzies responded that he and Mr. Steven Calvert had just discussed this and were working to reconcile the figures that same week. Mr. Traw introduced himself and provided several updates. He explained that most of the underground public utilities have been installed, with storm sewer work still in progress. He further explained that the first part of Change Order #1 addressed a conflict between the storm sewer and an existing water line. Due to unforeseen conditions underground, a water line had to be lowered to avoid the storm sewer. The issue arose because the project's design engineer, not the City, was unable to identify underground conditions during the planning phase fully. The overlapping construction of a truck center facility prompted the second part of Change Order#1. Since the truck center began construction during the project's design and approval process, adjustments had to be made to accommodate their installed infrastructure. This change increased the project cost by $21,991. However, the City identified an opportunity to recoup costs because the contractor initially included taxes in their budget, which the City, being tax-exempt, does not pay. Once this was corrected, the City reclaimed that portion of the budget. Despite the added expenses, the City will save approximately $61,000 overall due to the tax adjustment. Mr. Lane confirmed that no executive session was needed before taking action. Mr. Lewis made a motion to accept and approve Change Order #1 related to the extension of Production Blvd by Contractor BH Devco, resulting in a reduction in cost of $61,122.35. Seconded by Mr. Gustafson and with no further public comment, the motion carried 5-0. 4. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED CONTRACT WITH MIDWESTERN STATE UNIVERSITY AND ITS AFFILIATES. Mr. Ron Kitchens provided background on the previously approved financial support arrangement for MSU's Military Success Center. Initially, the WF4BSTC structured its contribution as a grant, while the WFEDC (this board) structured its contribution as a loan, intended to be forgiven over time— a performance-based "cash-for-jobs" model. Texas Tech's legal system reviewed all necessary documentation and initially approved it as a loan. During an audit, it was discovered that MSU, as a state entity, is legally prohibited from receiving loans from subordinate governmental entities, such as the WFEDC. MSU auditors requested that the agreement be WFEDC MINUTES 3/20/2025 PAGE 2 OF 7 restructured from a loan to a grant to comply with legal and financial requirements. MSU is already receiving a grant from the WF4BSTC, and this change would align both contributions under the same structure. Mr. Kitchens also gave a status update on the project. MSU has secured nearly $6 million in foundational funding to support scholarships and programming for the Military Success Center. A program leader has already been appointed, and all engineering and design work for the project has been completed. The proposed contract modification—changing the original agreement from a loan to a grant—is the final step needed before renovations can begin on the existing facility, which will be remodeled rather than newly constructed. Mr. Hegglund requested to formally enter the following letters into the meeting record: • A July 9, 2024, letter from MSU President Haney supporting the project. (Exhibit C) • A June 7, 2024, letter from General Detrick, also in support, which had been previously referenced but not recorded. (Exhibit D) Mr. Hegglund asked for permission to submit these letters to the Secretary for inclusion in the official minutes. Mr. Lane granted permission, and the board acknowledged receipt and acceptance of the letters as official documents related to the item. No further comments were made, and no questions were asked. 5. DISCUSSION AND POSSIBLE ACTION RELATED TO THE PROPOSED OFFER FROM SYNTRIO SOLUTIONS, LLC TO PURCHASE 1.31 ACRES IN THE WICHITA FALLS BUSINESS PARK. Mr. Lane introduced this item, explaining that the proposed rate was $35,000 per acre. Mr. Kitchens explained that the parcel is located at the end of the road, beneath power lines, which limits its potential uses. It is adjacent to a site already under contract, and the purchase will support the infrastructure needs of current and future tenants by ensuring access to high-quality data service. Mr. Kitchens emphasized that although Syntrio originally requested the land as an incentive, the Chamber opted for an incentive-based sale price to remain in the land sales business rather than giving away property. Jason Tole, representing Syntrio, clarified that the site will house a central office with data equipment only—no retail or public-facing operations—and may include a concrete pad for occasional vehicle access. Mr. Kitchens noted that the project will still need to meet the business park's covenant and design review standards. With no questions from the board, Mr. Toogood made a motion to authorize the sale of 1.31 acres of Lot 2, Wichita Falls Business Park subdivision, an addition to the City of Wichita Falls according to the plat of record in Volume 28, Page 373 of Wichita County Plat Records Wichita Falls, Wichita County, Texas, for the amount of $35,000/acre and authorizing the board president to execute all related documents. With no public comment and being seconded by Mr. Lewis, the motion carried 5-0. 6. DISCUSSION AND POSSIBLE ACTION RELATED TO THE REIMBURSEMENT OF FUNDS TO THE WICHITA FALLS CHAMBER OF COMMERCE FOR DUE DILIGENCE FEES PAID ON THE PROPOSED WICHITA FALLS AVIATION INDUSTRIAL PARK. Mr. Lane proceeded with Item 6 and gave the floor to Mr. Kitchens. Mr. Kitchens explained WFEDC MINUTES 3/20/2025 PAGE 3 OF 7 that progress is being made on developing the 120-acre site adjacent to the airport into an aviation park, which has already attracted interest from several potential tenants. In support of this project, Congressman Ronny Jackson has submitted a federal funding request for $5 million to fund the first phase of infrastructure. However, preliminary engineering work, such as determining road layout and utility access, was required to support that request. As a result, the WFEDC board was asked to approve reimbursement to the Chamber for the earnest money already paid on the property, as well as to allocate additional funds needed to complete the remaining engineering tasks. Ms. Vicki Pratt informed the board that approximately $25,000 would also be needed for environmental assessments, including soil testing, which had not been previously included in the budget. This work will be managed by Corlette, a firm that will subcontract the environmental testing. Although Corlette is overseeing the process, neither Vicki Pratt nor Ron Kitchens could confirm the name of the subcontractor conducting the actual environmental testing. No further comments were made, and no questions were asked. 7. DISCUSSION AND POSSIBLE ACTION RELATED TO OPPORTUNITIES FOR REAL ESTATE ACQUISITION AND DUE DILIGENCE IN THE AMOUNT UP TO$500,000. Mr. Lane introduced Item 7 and opened the floor to Mr. Kitchens again. Mr. Kitchens explained that revitalizing key urban areas in Wichita Falls should be a cornerstone strategy for future growth. The redevelopment would support broader community goals, including enhancing economic opportunities tied to Sheppard Air Force Base and Midwestern State University. Mr. Kitchens noted that the proposal includes two potential sites—one significantly larger than the other—and would require an initial allocation for earnest money and due diligence activities. The recommended approach is to issue the earnest money as a loan to the Chamber of Commerce, which would be repaid if the acquisition does not proceed. While the full $250,000 in due diligence costs may not be necessary, the board was advised to authorize the full amount upfront to prevent funding shortfalls during the process. City Attorney Kinley Hegglund asked Mr. Kitchens to elaborate on how this type of redevelopment could impact primary job creation and support the missions of the base. Mr. Kitchens affirmed that the base and university communities currently lack sufficient shopping and services, resulting in an estimated $500 million in annual local spending losses, equivalent to $10 million in lost sales tax revenue. He emphasized that military leaders have made it clear that supporting military families through better amenities is critical. In addition to local benefit, redevelopment efforts, particularly mixed-use spaces with retail, office, and tourism elements, are recognized as primary job creators since they bring in outside dollars. Mr. Kitchens also shared that economic development prospects, such as manufacturing companies, frequently cite retail limitations as a barrier to relocation, with plant managers' spouses expressing dissatisfaction with available amenities. He concluded by stating that both he and Ms. Vicki Pratt, both certified economic developers, strongly support this strategy, which aligns with national best practices and industry research that directly links urban redevelopment with job growth and economic revitalization. No further comments were made, and no questions were asked. 8. EXECUTIVE SESSION. Mr. Lane adjourned the meeting into executive session at 2:51 p.m. pursuant to Texas Government Code §§§§ 551.072, 551.087, 551.071, and 551.074. He announced the meeting back into regular session at 4:05 p.m. The subjects posted in the Notice of Meeting were WFEDC MINUTES 3/20/2025 PAGE 4 OF 7 deliberated, and no votes or further actions were taken on the items in executive session. 9. MOTIONS. MSU MILITARY SUCCESS CENTER(MODIFIED) Mr. Toogood made a motion to modify the previous agreement with MSU to instead authorize a grant in the amount of$1,000,000 to Midwestern State University for the construction of the Student Success and Military Education Center contingent upon receiving the needed outside funding and creating 25 full-time positions. Seconded by Mr. Gustafson and with no comments or discussion made by the public, the motion carried 5-0. WICHITA FALLS AVIATION INDUSTRIAL PARK—CHAMBER REIMBURSEMENT Mr. Lewis made a motion that the Board authorize reimbursement to the Chamber of Commerce for the cost of the property option in the amount of $20,000, the preliminary engineering cost of $10,850, and the estimated cost of $25,000 for the phase one and two environmental study for a total amount of $55,008.50. Seconded by Mr. Hillery and with no comments or discussion made by the public, the motion carried 4-0. Mr. Gustafson abstained from the vote. REAL ESTATE ACQUISITION AND DUE DILIGENCE UP TO$500,000 At the request of the Wichita Falls Chamber of Commerce, the following nine articles were submitted by legal counsel for inclusion in the official record of this meeting. These documents are intended to support the discussion regarding economic development, urban redevelopment, and military-community relations. The board accepted these materials into the minutes as referenced: 1. The Inclusive Economic Impacts of Downtown Public Space Investments — Brookings Institute 2. The Economic Impact of Shopping Centers— International Council of Shopping Centers 3. The Future of Cities: Re-Envisioning Retail— National League of Cities 4. From Vacant to Vibrant: City Projects— U.S. Real Estate Insider 5. Community Support Essential for Military Installations, DOD Official Says — U.S. Department of Defense 6. Economic Analysis: Minot Air Force Base's Impact on the City of Minot— Fifth Bomb Wing Public Affairs 7. The Economic Impact of Military Base Closures on the Surrounding Metropolitan Area — Global Journal of Accounting and Finance 8. The Military's Impact on State Economies— CSL Foundation 9. The Defense Dividend and What It Means for Cities—The New Localism These articles are hereby entered into the minutes as Exhibit B and will be maintained as part of the official meeting documentation. Additionally, the Board considered a resolution authorizing a $500,000 performance WFEDC MINUTES 3/20/2025 PAGE 5 OF 7 agreement between the Wichita Falls Economic Development Corporation (WFEDC) and the Wichita Falls Chamber of Commerce in support of a retail land acquisition project. The project aims to enhance economic development through expanded retail infrastructure, directly supporting primary job creation, military readiness, and urban redevelopment in Wichita Falls. As part of the record, testimony from Mr. Ron Kitchens was received and incorporated, along with the submission of nine supporting articles previously entered into evidence by legal counsel. These materials provide context and justification for the action being taken. Mr. Hegglund read the seven Findings of Fact and Law listed in Resolution No. 03-2025 (attached as Exhibit A) into the record. 1. Retail Availability and Primary Jobs: The board finds that retail availability plays a pivotal role in fostering community growth and supporting the creation of primary jobs. Communities with diverse and accessible retail options are more appealing to prospective businesses that provide such jobs. 2. Local Impact of Expanded Retail: In Wichita Falls, expanded retail availability can enhance the city's livability and attractiveness to industries focused on primary job creation. 3. Support for Sheppard Air Force Base: The board finds that Sheppard Air Force Base plays a critical role in the local economy, and that growth in retail infrastructure directly supports the base's operations and personnel. Enhanced retail options improve the quality of life for service members and their families, making Wichita Falls a more desirable duty station. 4. Statutory Authority — Retail and Primary Jobs: Pursuant to Texas Local Government Code§501.101, the board finds that funding land for the creation or retention of primary jobs is an authorized use of economic development funds. The board further finds that this retail project meets the statutory requirement by promoting and retaining primary jobs. 5. Statutory Authority — Manufacturing and Industrial Development: The board finds that this project qualifies as suitable for the development, retention, or expansion of manufacturing and industrial facilities, consistent with § 501.101 of the Texas Local Government Code, as it contributes to the economic conditions necessary for those sectors to thrive. 6. Support for Military Facilities: The board finds that § 501.101 also authorizes the funding of land that supports the development, retention, or expansion of military facilities. The board specifically finds that this project will support the missions of Sheppard Air Force Base and help to attract new military missions to Wichita Falls. 7. Public Purpose and Economic Benefit: The board finds that the Destination Retail Site Project serves a valid public purpose by advancing the city's long-term economic interests, supporting military readiness, improving quality of life, and generating future opportunities for employment and investment. Mr. Gustafson made a motion to accept Resolution 03-2025. Seconded by Mr. Tooqood and with no comments or discussion made by the public, the motion carried 5-0. 10. ADJOURNED. Mr. Lane asked if the public had any questions or comments. Since there were none, he WFEDC MINUTES 3/20/2025 PAGE 6 OF 7 adjourned the meeting at 4:13 p.m. Leo tam ieo L.n lN.y xu.>or,uc.sa con, Leo Lane, President WFEDC MINUTES 3/20/2025 PAGE 7 OF 7 2025.03.20 4A Minutes FINAL - no attachments Final Audit Report 2025-05-20 ' Created: 2025-05-20 By: Moriah Williams(moriah@wichitafallschamber.c om) Status: Signed Transaction ID: CBJCHBCAABAAuH8jw503s9WCTIDH_vyBxPwAm_FdsZ8 "2025.03.20_4A_Minutes_FINAL - no attachments" History 2 Document created by Moriah Williams(moriah@wichitafallschamber.com) 2025-05-20-9:55:22 PM GMT Document emailed to Leo Lane (leo.lane@icloud.com)for signature 2025-05-20-9:55:26 PM GMT tit Email viewed by Leo Lane (leo.lane@icloud.com) 2025-05-20-9:56:19 PM GMT C,'-6 Document e-signed by Leo Lane (leo.lane@icloud.com) Signature Date:2025-05-20-9:56:36 PM GMT-Time Source:server Q Agreement completed. 2025-05-20-9:56:36 PM GMT Q Adobe Acrobat Sign EXHIBIT A Resolution 03-2025 Resolution approving a $500,000 performance agreement with the Wichita Falls Chamber of Commerce related to a retail land acquisition project WHEREAS, the Wichita Falls Economic Development Corporation and the Wichita Falls Chamber of Commerce desire to enter into a performance agreement to allow for the purchase of land to facilitate commercial retail in the city; and WHEREAS, on this date, testimony was given, and documentary evidence was proffered and accepted by this Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION, THAT: 1. The evidence presented to the Corporation is accepted and hereby made an official part of the minutes of this meeting, to be included in the official meeting minutes. 2. The Findings, as shown in Exhibit A of this resolution, are based on evidence and testimony presented to the Corporation and are hereby officially adopted. The WFEDC finds them to be true and accurate and shall be made part of the official minutes of this meeting. 3. The approval and funding of $500,000 for the commercial retail land project is approved. 4. Upon receiving approval from the Wichita Falls City Council, President Leo Lane is authorized to execute this agreement in a form approved by the Board Attorney. PASSED AND APPROVED this the 20th day of March 2025. PRESIDENT ATTEST: Se tary '"4-°7 001 Findings Made by the Wichita Falls Economic Development Corporation On this, the 20`h Day of March, 2025, the WFEDC held a public discussion to determine whether this Board should support a project to fund a project for the purchase of land to be used as a destination retail site located within the city limits of Wichita Falls in the amount of$500,000. The WFEDC Board heard testimony and received evidence, which was admitted and made a part of the official record of the meeting. The WFEDC makes the following findings based on the testimony and evidence received: 1. Retail availability plays a pivotal role in fostering community growth and supporting the creation of primary jobs. 2. Communities with diverse and accessible retail options are more appealing to prospective businesses that employ primary jobs. 3. In Wichita Falls, expanded retail availability can enhance the city's livability and attractiveness for new primary job industries. 4. Sheppard Air Force Base plays a crucial role in the local economy, and retail growth directly supports its operations and personnel. Enhanced retail options can improve the quality of life for service members and their families, making Wichita Falls a more desirable assignment location. 5. In Wichita Falls, Texas, retail growth supports Sheppard Air Force Base and its missions. 6. Texas Local Government Code §501.101 specifically allows for the funding of land that is for the creation or retention of primary jobs, and that is found by the WFEDC Board to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities creating or retaining primary jobs. This Board finds that the destination retail site project meets this requirement and that the project will help promote and retain primary jobs in Wichita Falls. 7. Texas Local Government Code §501.101 specifically allows for the funding of land that is for the creation or retention of primary jobs, and that is found by the WFEDC Board to be required or suitable for the development, retention, or expansion of military facilities to help or support an active military base and attract new military missions. The WFEDC Board finds that the destination retail site project will support the missions of Sheppard Air Force Base in Wichita Falls and will help bring in new military missions to the base. • 002 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments EXHIBIT B Briefs in this series Introduction Economic Impacts Social Impacts Civic Impacts " v .. (^ r " K 1 i a f ,,, a 'Fri e„�,� _ — c . ' 1 G i, h w Mks � f '` �"° _ )� .ti, / " E. L f wr a, A' S', d ' f . M, ..... ' `'F ..„. &td fir,,,. ' w� b ^ The inclusive economic impacts of downtown public space investments Hanna Love and Cailean Kok Editor's note: This brief is part of a three-part series which examines the economic, social, and civic impacts of public space investments in Albuquerque, N.M., Buffalo, N.Y., and Flint, Mich. https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 2/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments JULY 27 2021 Introduction Throughout the height of the COVID-19 pandemic, public spaces provided a refuge for small businesses to safely operate and for people to gather—prompting many cities to rethink the relationship between public space and economic recovery. Now, as public health restrictions ease and a new "normal" emerges, critical questions are arising. Among them: What role should public spaces play as cities strive to recover more equitably? At a time when so many people and small businesses are suffering, what is the value of public space investments, and importantly, who stands to benefit from this value? This brief shines light on these questions using on-the-ground data collection from three cities that have long struggled with economic inequities: Albuquerque, N.M., Buffalo, N.Y., and Flint, Mich. As part of a three-part research series on the holistic impact of public space[i] investments, this brief centers the voices of residents, small business owners, and community-based stakeholders to document the economic impacts that numbers alone cannot capture—providing a more holistic picture of the relationship between public space investments and inclusive economic outcomes. A slippery science: Discerning the economic public im acts of p space investments The economic value—as traditionally defined—of public space investments is well documented. Quality public space investments (such as those that provide urban greenery, walkability, and public realm improvements) are correlated with increased land and property values in the surrounding area, including retail, housing, and residential renting values, and are associated with helping areas regain market strength through sale prices and turnover rates of commercial and residential properties.[ii] Some evidence also indicates that public spaces can generate fiscal benefits for local governments through long-term infrastructure cost https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 3/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments savings.[iii] It is difficult, however, to isolate whether these economic impacts are the direct result of public space investment or of other factors that affect the economies of surrounding areas.[iv] Nonetheless, these traditional economic indicators are commonly accepted and used to advocate for greater public space investment[v] In recent years, however,there has been growing recognition that examining the amount of capital that enters a geography (or the amount of public resources saved) is not sufficient for measuring inclusive economic impact. A substantial body of evidence demonstrates that the higher property values correlated with public space investments may fail to benefit underserved residents and businesses, particularly those renting and leasing.[vi] Additionally, in "hot market" neighborhoods, these higher property values may even cause harm by fueling displacement—disadvantaging longtime residents for whom many park efforts are ostensibly funded to serve.[vii] On the other hand, communities of color and low-income neighborhoods are often left without access to public space or with public spaces that are smaller, poorly maintained, lack programming, and/or have limited play options—leaving them excluded from the benefits that public spaces can bring.[viii] For these reasons, it is important to look beyond traditional measures of economic value and ask the questions: Who is benefitting from the economic value of public spaces?Are the benefits distributed to people of different races, incomes, ability statuses, and tenures in a community?Are there additional economic benefits public spaces produce that traditional measures are not capturing? With growing recognition among public officials that public spaces should be part of intentional place-based revitalization strategies (and many cities explicitly building and programing public spaces as part of downtown revitalization efforts), these questions are increasingly urgent.[ix] They can be answered, in part, by using equity-focused metrics: examining trends in employment, poverty, demographics, business, and housing markets, as well as how such benefits are distributed across a population.[x] Several organizations, including Reimagining the Civic Commons and others, are embarking on this important work. Yet numbers alone cannot tell the whole story—particularly, the story of what residents, small businesses, and other community-based stakeholders perceive the value of public spaces to be, and who benefits most from such value. This brief centers on the third question—Are there additional economic benefits public spaces produce that traditional measures are not capturing?—and relies on community and stakeholder voices to find the answer. As the Knight Foundation pointed out, "building public spaces alone does not create thriving downtowns or city centers," particularly if not everyone https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 4/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments can access, benefit from, or feel attached to the space itself. Methods: Examining the economic impacts of public space investments in Flint, Albuquerque, and Buffalo The Brookings Bass Center for Transformative Placemaking. and Project for Public Spaces conducted on-the-ground research in Flint, Albuquerque, and Buffalo, examining the impact of three downtown public space investments: the Flint Farmers' Market, Albuquerque's Civic Plaza, and Buffalo's Canalside. (For a description of and background on the public spaces, please see the Introduction brief.) Our research consisted of in-depth interviews with 78 residents, small business owners, public sector officials, and other key stakeholders as well as three supplemental focus groups with residents and public space vendors between February and March 2020. Project for Public Spaces had previously conducted placemaking projects in each of the three spaces—which helped facilitate connections to stakeholders on the ground —but had not been involved in the public spaces for a number of years. All 78 interviews and supplemental focus groups were recorded (unless interviewees explicitly requested not to be, in which case detailed notes were taken), transcribed, and coded using a qualitative coding scheme for consistency and quality control. Overall, we examined the impact of downtown public space investments on three key outcomes of community well-being, including economic, social, and civic outcomes. We recognize the interdependence of economic, physical, social, and civic inputs and outcomes—by investing in one class of assets (for instance, physical, through public space investments), there are interrelated effects on others (economic, social, and civic). This brief focuses on economic outcomes. Using the Bass Center's transformative placemaking framework, we examined the extent to which public space investments can help foster downtown economic ecosystems that are: 1 .Locally empowering: Supporting local small businesses and local investment priorities 2.Innovative: Fostering creativity and entrepreneurship opportunities 3.Regionally connected: Connecting residents and small businesses to regional markets and networks https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 5/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments To learn more about the intersections between economic, social, and civic outcomes, please see the other briefs in the series. Findings 0 ur research revealed three multifaceted findings, providing new insights into the role that downtown public space investments play in shifting perceptions of places, in inspiring new infrastructure and private sector development, and in incubating underserved small businesses within the public spaces themselves. Finding#1:Public spaces play a critical role in shifting perceptions of place All three cities invested in their public spaces as part of a larger effort to revitalize their downtown districts. Each city had wrestled with the well-known story of downtown "decline" in the latter half of last century—experiencing depopulation,job shifts to the suburbs, and economic stagnation—but had not yet "come back" as many other big-city downtowns such as Chicago, Seattle, and Dallas.[xi] In Albuquerque, Flint, and Buffalo, it wasn't uncommon to hear from stakeholders that downtown was a virtual ghost town after 5:00 p.m.—impacting the small businesses trying to stay open and the growing number of residents living in the area. Figure 3. Leisure and hospitality businesses in downtown Albuquerque, Buffalo, and Flint make up 4%, 23%, and 18%, respectively, of leisure and hospitality businesses citywide Leisure and hospitality business downtown compared to city, 2019 2,500 •Inside downtown •Outside downtown 2,000 1,500 ARVwt https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 6/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments 1,000 500 0 91 214 43 Albuquerque Buffalo Flint Source:Brookings analysis of Esri Business Analyst data. B Metropolitan Policy Program at HI )OKPNC,S Yet at the time of our study, these patterns were beginning to shift and enter what stakeholders called a "momentum" phase. Residents and stakeholders across the cities pointed to a key reason why: Peoples' perceptions of downtown were changing, in part, because public spaces and a diverse activation of these spaces gave them a reason to go downtown and stay there. In Flint and Buffalo, this dynamic largely played out through the Farmers' Market and Canalside, which attracted people from across the region to downtown and gave them a reason to spend their dollars locally. "Some people haven't been downtown in 20 to 30 years;" one Flint downtown stakeholder told us. "What the Farmers' Market did is it brought people from the county to downtown Flint...Without the Farmers' Market, I don't think we would have captured the wealth of a lot of that community." "The Farmer's Market was a catalyst project that people needed to see for downtown to be more than just that place where bad things happen and a couple of bars," another resident who worked at a Flint- based nonprofit told us. "They started seeing it as a destination." By virtue of seeing the market as a "destination;"these visitors supported the almost 50 small businesses housed there. In Buffalo, respondents reported the same trend; however, they explained that its impact transcended the dollars spent at Canalside and helped give residents confidence in their city's economic health more broadly. "I think the biggest impact Canalside has had is it's demonstrated to us that we can have our downtown back;' one university stakeholder told us, echoing the thoughts of many interviewees. "It gave the city confidence in its resurgence." https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 7/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments In Albuquerque, public sector officials were clear that peoples' perceptions of downtown were still a significant barrier to economic activity in the area. As one city official told us, "People's beliefs and perceptions can be so tricky to change. How do you overcome that? When a place has been ignored for a long time, how do you change people's view about it to actually get people out there to experience it?" Yet through our focus groups, residents indicated that their views of downtown were slowly changing—largely due to programming at Civic Plaza, including concerts, movie nights, and farmers' markets. This provides further indication that a diverse activation of spaces and mixed uses in downtowns can be a critical component of economic resilience. Shifting perceptions of and increasing visitation to downtown was, of course, merely a first step in revitalization—but it arose as a common pattern across all three cities and all 78 interviews as one of the most impactful ways public spaces supported small businesses in the area. This trend, however, also ushered in new dynamics between city and suburban residents—sometimes heightening long-standing social divides, which we discuss in-depth in "Exploring the often fraught relationship between public spaces and social divides." Finding#2:Public space investments can catalyze overdue infrastructure improvements and 'pave the way'for additional private sector development More tangibly, our interviews revealed that successful public space investments can help inspire long-overdue public sector infrastructure and private sector development in the downtown area, which in turn can support nearby small businesses. Stakeholders often described the public space as the "catalyst" needed to demonstrate that new private sector investments (outside of solely office space) could be successful in downtowns, or the impetus for the public sector to increase public investment in the area. In Albuquerque in particular, small business owners and residents explained that they had largely felt like the city abandoned downtown until recently, and pointed to the importance of Civic Plaza in encouraging much-needed public investment downtown. "I would say that the changes in Civic Plaza dramatically increased the city investment in downtown up until this point;' one downtown stakeholder told us. "We felt so neglected with city improvements, infrastructure improvements. So all of a sudden they're replacing our street trees,they're putting in the bike lanes, they're redoing the fountain." When we spoke to Albuquerque Mayor Tim Keller, this sentiment bore out. He told us he was https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 8/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments intentionally working to triangulate placemaking efforts downtown to spur economic development, of which Civic Plaza and the new Rail Yards Market were an important part. In Buffalo, stakeholders reported that Canalside helped catalyze new investment that transcended the immediate district and master plan for the waterfront. Many pointed to the nearby Ohio Street Corridor revitalization into a multiuse pathway linking activity centers as an initiative the success of Canalside spurred. "Between Canalside and the river restoration work in tandem, it's provided that springboard and safety net for these other developments," one public sector stakeholder told us. "Now you see the private development that's happening along Ohio Street. It's kind of a chain reaction, one doesn't happen in isolation of another." In Flint, stakeholders repeatedly spoke to the Farmers' Market's critical role in supporting the development of other small businesses within the downtown area by providing the necessary foot traffic and critical mass of people needed to inspire additional success. "The Farmers' Market has just been amazing catalyst in for the city and the rest of downtown," a Flint Farmers' Market vendor told us. "I don't think the rest of downtown, of Saginaw Street,that everything would look the same if the market wasn't here." From the perspective of our interviewees, what was so important about these new developments and public realm improvements was that they benefited small, locally owned businesses and downtowns that had experienced economic stagnation for too long. In other, more "hot market" cities, new development can bring gentrification. But in these cities,they were bringing long-overdue resources and amenities to the area. Finding#3:Public spaces themselves can be powerful incubators for entrepreneurs and small businesses—but achieving that goal requires intentionality Stakeholders in all three cities reported that the public space investments supported the development and success of local small businesses, either indirectly (by increasing foot traffic to the surrounding area) or directly within the public space (by providing vendors and small business owners with a physical, low-barrier-to-entry space to sell their goods). But the Flint Farmers' Market stood out in its ability to incubate underserved small businesses, largely because it embedded small business support into the core of its placemaking vision. https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 9/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments With its relocation to downtown,the Farmers' Market expanded the number of vendors it could house, worked to provide below-market rent, built new commercial kitchens to allow food-based entrepreneurs to create licensed products, and launched formal entrepreneurship training. The ability to operate a low-cost, low-barrier-to-entry small business within a downtown commercial corridor was described as an unprecedented opportunity for many underserved small business owners. As one public sector official explained,the goal was to help entrepreneurs "start their own business—not out of their garage, but out of downtown's Main Street." The Flint vendors we spoke with echoed this sentiment. "I don't know where in anywhere else in the country that you can start with having a place like the market and be able to access so many customers," one vendor told us. "Especially at the low rate...35 bucks a day or something absurd. That's something very unique." To ensure affordability,the market never raised vendors' rents. Market management partnered with Co.Starters for a training course, offered one-on-one consulting through a Flint Food Works program, and offered free use of commercial kitchens to hopefully grow vendors' capabilities to open up their own storefronts downtown. "Flint Food Works and the commercial kitchens there really allowed me to operate my business on a learning curve," another vendor told us. "I didn't even know half the equipment existed until I finally moved in here and looked at the kitchen." Yet Flint was only able to achieve this kind of inclusive impact for small businesses because they embedded small business development in their placemaking vision from the outset. The other two sites had potential to do so, but witnessed varying level of success. Canalside, for instance, made supporting local small businesses a part of their planning process, adopting a consensus document, "A Public Statement of Principles for High Road Development of Buffalo's Waterfront," after community activists advocated for a legally binding Community Benefits Agreement that the Erie Canal Harbor Development Corporation and other city leaders ultimately declined to enter. While Canalside stakeholders fulfilled some of the goals in this nonbinding consensus agreement (such as hosting minority- and women-owned business enterprise job fairs and seeking local vendors for programming), some residents and interviewees remained unaware of these efforts, and no annual tracking on outcomes for these inclusive economic development goals have been reported to show progress. https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 10/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments Civic Plaza also had extensive potential to provide economic opportunity to small businesses, and did so at times through events, movie nights, and markets. But public space managers and the city did not have a coordinated plan or permanent infrastructure to help support Albuquerque's local businesses through Civic Plaza's activation. As one public space manager in Albuquerque told us when reflecting on the economic impact of Civic Plaza, "Do you have a vision in place? You could light one little fire over here, but how is it connected to a larger vision? I feel like we did an amazing thing with Civic Plaza and everyone is so proud of it, but if we had had a larger downtown vision in place that it was connected to it could light a fire." These findings spoke to the importance of being intentional about inclusive economic impacts from the outset, embedding efforts to support underserved residents and small business within the placemaking vision itself, and regularly re-engaging with residents and small businesses to measure progress and success. Conclusion Throughout the COVID-19 pandemic, nearly nonstop conjecture about "the future of cities" emerged, with the gloomiest predictions centering on the fate of downtowns. Rather than harping on the plight of "ghost town downtowns," now is the time to think more expansively about the future of downtowns: How can they become more dynamic, inclusive, and mixed-use? How can they better support minority-owned businesses? How can they draw greater connections between prosperity downtown and nearby neighborhoods? Our research reinforces the powerful role that public spaces can play in achieving a more dynamic vision for the future of cities and downtowns, and the importance of embedding explicit inclusive economic development goals within placemaking from the outset. There are plenty of national best practices to choose from to enhance inclusive economic outcomes—from Washington, D.C.'s 11th Street Bridge Park's Equitable Development Plan,to the University City District's Green City Works program in Philadelphia, to Chicago's Neighborhood Opportunity Bonus that leverages downtown growth to provide new funding sources for neighborhoods lacking private investment. Now is the time for local leaders to seize these models and intentionally use public space investments to promote inclusive economic recovery in downtowns and beyond. https://www.brooki ngs.ed u/articles/the-i ncl usive-econom ic-impacts-of-downtown-publ ic-space-investments/ 11/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments The way we plan, design, and program public spaces has far-reaching impacts for equity-shaping the amenities people have access to, the space available to them to grow a business, and the connections forged between people and places. It is imperative as we look ahead to leverage these impacts to rebuild more equitable downtowns, cities, and regions. Cover photo:Local vendors sell goods at the Flint Farmer's Market. Photo courtesy of Flint Farmers' Market. The authors thank Joanne Kim for her excellent research assistance on this series. They express their sincere gratitude to the community stakeholders who participated in research interviews and focus groups. They also thank Lola Bird, Lavea Brachman, Karriane Martus, Steve Ranalli, Nate Storring, and Jennifer S. Vey for their review of various drafts of the series. Any errors that remain are solely the responsibility of the authors. About the Authors a Hanna Love Research Associate - Metropolitan Policy Program 4 �'" I ram;. 1 https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 12/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments 1- Cailean Kok Project Associate — Project for Public Spaces [i] Please see the Introduction for our definition of "public space." [ii] Eldridge, M., K Burrowes, and P. Spauste.lnvesting in Equitable Urban Park Systems. Urban Institute, July 2019: https://www.urban.org/research/publication/investing-equitable-urban-park- systems; Carmona, M. Place value: place quality and its impact on health, social, economic and environmental outcomes. Journal of Urban Design, 24(1), 1-48, 2019: https://doi.org/10.1080/13574809.2018.1472523; Forestry Commission. Benefits of Greenspace, 2015: https://doi.org/10.13140/RG.2.1.2177.6806. [iii] Robert Wood Johnson Foundation. The Economic Benefits of Open Space, Recreation Facilities and Walkable Community Design Introduction, 2010: https://activelivingresearch.org/sites/activelivingresearch.org/files/Synthesis_Shoup- Ewing_March2010_0.pdf [iv] Hoyt, L. and D. Gopal-Agge, D. The business improvement district model: A balanced review of contemporary debates. Geography Compass, 2007: 1(4), 946-958. [v] lzmailyan, E. Emphasizing Equity in Economic Impact Analysis. HR&A Advisors: June 2018: https://www.hraadvisors.com/emphasizing-equity-economic-impact-analysis/ [vi] Gaynair, G., M, Treskon, J. Schilling, and Velasco, G. Civic Assets for More Equitable Cities. Urban Institute, August 2020: https://www.urban.org/research/publication/civic-assets-more-equitable- cities; Eldridge, M., K. Burrowes, and P. Spauste,lnvesting in Equitable Urban Park Systems. Urban Institute: July 2019. https://www.urban.org/research/publication/investing-equitable-urban-park- systems [vii] Gaynair, G., M, Treskon, J. Schilling, and Velasco, G. Civic Assets for More Equitable Cities. Urban https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 13/15 2/5/25,8:41 AM The inclusive economic impacts of downtown public space investments Institute, August 2U2U: nttps://www.urban.org/research/publication/civic-assets-more-equitable- cities; Rigolon, A., and J. Christensen: Without Gentrification: Learning from parks-related anti- displacement strategies nationwide. ULCA Institute of the Environment and Sustainability, 2019: https://www.ioes.ucla.edu/wp-content/uploads/Greening-without-Gentrification-report-2019.pdf; Eldridge, M., K. Burrowes, and P. Spauste,lnvesting in Equitable Urban Park Systems. Urban Institute: July 2019. https://www.urban.org/research/publication/investing-equitable-urban-park-systems. [viii] Eldridge, M., K. Burrowes, and P. Spauste,lnvesting in Equitable Urban Park Systems. Urban Institute: July 2019. https://www.urban.org/research/publication/investing-equitable-urban-park- systems. [ix] Knight Foundation. Measuring Progress Toward Downtown Revitalization and Engaging Public Spaces: A Review of Existing Research. August 2020: https://knightfoundation.org/reports/measuring-progress-toward-downtown-revitalization-and- engaging-public-spaces-a-review-of-existing-research/. [x] Ibid. [xi] Tomer, Adie and Lara Fishbane. Big city downtowns are booming, but can their momentum outlast the coronavirus? Brookings Institution, May 2020: http://www.brookings.edu/research/big-city- downtowns-are-booming-but-can-their-momentum-outlast-the-coronavirus/. © 2023 THE BROOKINGS INSTITUTION CONTACT MEDIA RELATIONS TERMS AND CONDITIONS PRIVACY POLICY https://www.brookings.edu/articles/the-inclusive-economic-impacts-of-downtown-public-space-investments/ 14/15 v n 4,01111011 • • iipplOV . l Aire t. t.. .40000r. ,...--- , M t om 111444161/4 Nip" .%. '.%. , '''•:, le, w u ; • A .. ti �q »� 47 • • 11141 ,fiffi. ;jr.R,„' Yam ,��. , 2014 ,,, ECONOMIC ,, IMPACTOF err �� " SHOPPING CENTERS 04$4 icsc CONIE"NTSI: . )1 • .. . . . . . . .. y,, al ... , •,,,,"i"„ • .. w �' v !- h x' VI, C � ��°fir•. . ^ � � �� i� � �� ;� . 1 �1 ' : r� � } 446 • � F # `, • ". ^ F may"0011. '1 a.� °^,+. w^ : ' _� d`>0 00' 1 ,:„ 0 MC11 v ' I , }!..' ! i '� r ., ' �� • 'k Y�V IIII I' I� ..� �a��'• v � r • t.° • I� 0. gym. p I 11,0 4- Pt ; Vi m ,,r ^ I ` r L° . i ! h 7 • W -" ° w� r a - �,�, t r' rift w ICSC ii,..,', _'..... .. Marketplace Fairness Did You Know? Annual Performance A History of Shopping Centers National Impact Non-Anchor Tenant Sales .y. Shopping Center Definitions Geographic Distribution of GLA U.S. Country Fact Sheet ICSC VALUES EDUCATION Where we've been Recent special classes at the University of Shopping Centers,web Member research resources span an online library,a database based programs and the John T. Riordan schools,have benefitted of more than 14,000 industry statistics,a rich offering of learning, members by looking at redevelopment and retrofitting existing leadership and issues videos,11 industry-leading publications, properties and opportunities to maximize retail productivity. a global shopping center directory and a wide array of special Conferences,books,sessions and ICSC events around the world studies. offer potential to assimilate knowledge,and only ICSC offers global professional certifications:CSM,CMD,CLS,CDP. Strategic alliances with complementary associations and Where we're going industry research providers will bring new range and depth to Conferences such as our NOI+Conference will educate members on our information offerings,especially for new and timely industry asset management priorities and maximizing net operating income at benchmarks. their retail properties. We're also working with like-minded shopping center councils and associations around the globe to encourage innovative thought leadership collaboration on best practices. ADVOCACY NETWORKING Where we've been Where we've k. Recent efforts to champion Marketplace Fairness RECon Las Vegas draws over 30,000 attendees annually. have gained greater traction than ever before in the An additional 300 global events provide local and regional U.S.Congress.A robust public affairs campaign and networking opportunities for 70,000 more industry aggressive advertising have garnered legislative support professionals. Every year a significant share of all retail leasing and raised public awareness. activity is shaped at ICSC events. Where we're going `/AJ! ~A we're going ICSC is working diligently to thwart any attempts We will strengthen our Global RECon and local events to to raise industry-focused taxes,such as on carried interest. provide premier in-person networking opportunities for In the regulatory arenas,we are playing a significant role members in Asia,Europe,Latin America and the Caribbean, in ensuring that international,national and local rules and the Middle East and North Africa. We will also use new reflect the realities of operating in a multi-tenant retail media and technology to create opportunities for online and environment mobile networking. S)S tltl��\�,� ��• � ill 411 • MARKETPLACE FAIRNESS ACT ; • Since 2011, ICSC has made enormous strides - in advocating for sales tax fairness. Backed by the investment approved by the Board of Trustees, ICSC put significant resources towards rr.r r educating Congressional offices and the public j i Tlx LOC HC,..E ' 3ti 6E14..EE1J about sales tax fairness and the outstanding IUMttr X..kHS tax burden that consumers currently owe on many online purchases. This campaign has translated into myriad media opportunities for Thus far, ICSC's efforts have paid off in early 2013. We ICSC and has created significant momentum for had several resounding bipartisan votes of approval legislation at the federal level. ICSC leads the in the U.S. Senate, culminating May 6 with the Marketplace Fairness Coalition; a unified voice passage of S.743 by that chamber with a 69-27 vote. for the proponents of Marketplace Fairness. The push now continues to the U.S. House for action The members of the Coalition represent and approval there. nearly 3 million businesses, associations, and organizations located in every state throughout the country. DID YOU KNOW? ANNUAL PERFORMANCE • California has the most • Shopping center-related 2013 RETAIL SALES shopping centers-15,160. employment totaled 12.5 Wyoming has the least with million jobs in 2013. 74. • Supermarkets are the most Shoppers have found their way back to the malls; retail sales •At year end 2013 there are common anchor in open-air numbers for 2013 regained their strength, registering nearly 1,511 enclosed malls in the centers. $2.5 trillion in sales, an increase from $2.4 trillion in 2012. U.S. •Apparel and accessories Shopping center—related employment accounted for almost •The average enclosed mall stores account for 57.8%of than 12.5 million jobs for 2013, an increase from 12.3 million contains 875,187 sq.ft. of all non-anchor mall space. jobs in 2012. total floor space. •The last enclosed mall that •The are 398 lifestyle was built was in 2011—City In 2013, there were 227 more shopping centers operating centers operating in the U.S. Creek Center in Salt Lake in the U.S. than in 2012. The total number of U.S. shopping City, Utah. centers increased in 2013 to 114,485, up from 114,258 in • In 2013,shopping center- 2012. inclined sales accounted for •Wal-Mart was the highest $2.5 trillion. grossing retailer in 2012, earning$468 billion in sales. • Shopping center- inclined sales generated $137.2billion in state sales tax revenue in 2012. 4 A HISTORY OF SHOPPING CENTERS Shopping centers have existed in some form for more than 1,000 years as ancient market squares, bazaars and seaport commercial districts. The modern shopping center, which includes everything from small suburban strip centers to the million-square-foot super regional mall had its genesis in the 1920s. 1920s Wash.,(two strip centers face-to-face on Michigan Avenue in Chicago.To The concept of developing a shopping with a pedestrian walkway in between) many experts,Water Tower Place with its district away from a downtown is opened in 1950,and Shoppers World stores, hotel,offices,condominiums and generally attributed to J.C. Nichols of in Framingham, Mass. (the first two- parking garage, remains the preeminent Kansas City, Mo. His Country Club Plaza, level center),debuted the following mixed-use project in the United States. which opened in 1922,was constructed year.The concept was improved upon as the business district for a large-scale in 1954 when Northland Center in residential development. It featured Detroit, Mich., used a "cluster layout" The 1980s saw an unparalleled period unified architecture, paved and lighted with a single department store at the of growth in the shopping center parking lots,and was managed and center and a ring of stores around it. In industry,with more than 16,000 centers operated as a single unit. 1956,Southdale Center in Edina, Minn., built between 1980 and 1990.This was outside of Minneapolis,opened as the also the period when super-regional In the latter half of the 1920s,small strip first fully enclosed mall with a two-level centers became increasingly popular centers were built on the outskirts of design. It had central air-conditioning with shoppers. large cities.The centers were usually and heating,a comfortable common anchored by a supermarket and a area and, more importantly, it had Between 1989 and 1993, new shopping drugstore,supplemented by other two competing department stores as center development dropped nearly convenience-type shops.The typical anchors. Southdale is considered by 70 percent,from 1,510 construction design was a straight line of stores with most industry professionals to be the first starts in 1989 to 451 starts in 1993.The space for parking in front,such as the modern regional mall. sharp decline in new center starts was Grandview Avenue Shopping Center in attributed to the savings and loan crisis, Columbus,Ohio,which opened in 1928 which helped precipitate a severe credit and included 30 shops and parking for By 1964 there were 7,600 shopping crunch. 400 cars. centers in the United States. Most of the centers built in the 1950s and 1960s Many consider Highland Park Shopping were strip centers serving new housing Factory outlet centers were one of Village in Dallas,Texas,developed by developments. the fastest-growing segments of the Hugh Prather in 1931,to be the first shopping center industry in the 1990s. planned shopping center. Its stores were 1970s In 1990,there were 183 outlet centers. built with a unified image and managed By 1972 the number of shopping centers Today,there are more than 225 outlet under the control of a single owner. had doubled to 13,174. During the centers in the United States. Highland Park occupied a single site and 1970s,a number of new formats and was not bisected by public streets.And, shopping center types evolved. By 1992,the prevailing trend in the its storefronts faced inward,away from shopping center industry had become the streets—a revolutionary design. In 1976 The Rouse Co.developed the remodeling and expansion of Faneuil Hall Marketplace in Boston, existing projects. In 1992,these 1930s-1940s Mass.,which was the first of the "festival renovations outstripped new In the 1930s and 1940s,Sears Roebuck marketplaces" built in the United States. construction,with 571 additions and &Co. and Montgomery Ward set up The project,which revived a troubled alterations reported. large freestanding stores,with on-site downtown market,was centered on food parking,away from the centers of big and retail specialty items. Similar projects One of the retail formats that became cities. were built in Baltimore, New York City, increasingly popular in the 1990s was the and Miami,and have been emulated in a power center. Power centers are often number of urban areas. located near regional and superregional The early 1950s marked the opening of malls. San Francisco—based Terranomics the first two shopping centers anchored The bicentennial year also marked the is credited with pioneering the concept by full-line branches of downtown debut of the country's first urban vertical at 280 Metro Center in Colma,Calif. department stores. Northgate in Seattle, mall,Water Tower Place,which opened d 1f-- - In 1995, with the construction of the Mall of America in V Bloomington, Minn.,entertainment quickly became an industry , _" buzzword as technological advances allowed shopping -- -'A .ny center developments to foster the same magical experiences that were once only seen in national amusement parks such " as Disney World. The Mall of America, currently one of the � largest malls in the U.S., includes a seven-acre amusement park, nightclubs, and restaurants, and covers 4.2 million square feet (with about half that total devoted to retailing). 4 Since the start of the entertainment wave,retailers have focused ' � �' � - on keeping their presentations exciting, and shopping center - I owners have striven to obtain tenant mixes that draw traffic from . u the widest audience possible. Under one roof or in an outdoor : , r ' '4114,`-„OE . ''` 1m 4 retail format, consumers enjoy children's playscapes, virtual M. ; ',, - -.. �° 1---_ II` reality games, live shows, movies in multiplex cinemas,a variety `�` pi 44 L : of food in either the food court or theme restaurants, carousel , , rides, visually stunning merchandising techniques, robotic 1 � � 3 ` "' animal displays,and interactive demonstrations.,, ,- Many shopping centers are also focused on added service- oriented tenants, which offer today's busy consumer an . ik 7. ti. - r opportunity to complete weekly errands or to engage in a variety of other activities. Among the many services found in today's malls are churches, schools, postal branches, municipal offices, libraries,and museums. 40 i THE SHOPPING CENTER Shopping Center-Inclined Sales INDUSTRY NATIONAL 2013 IMPACT 2012 2011 Economic Impact iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiglllP 2010 Shopping centers have become an integral '2009 part of the economic and social fabric of their communities. In 2013, shopping 2008 ppi9 center-inclined sales were estimated at 2007 $2.5 trillion, an increase of 2.6%from 2006 the previous year. In 2012, state sales tax 2005 ' revenue from shopping center-inclined sales 2004 totaled $137.6 billion, up from the $131.6 billion collected in 2011. 2003 2002 2001 I I I $1.0 $1.25 $1.5 $1.75 $2.0 $2.25 $2.5 6 Trillions i /1111 Many hurdles were faced during this decade, which shook up the shopping center industry and ultimately created a ",� "new normal." The economic downfall hit during the end of this decade and had a strong impact on the way future . business would be conducted. By 2010 there was an all- time high of 112,384 shopping centers in the United States. Due to the downturn in the economy, sales took a hit and } shopping center development saw little to no activity duringN. w the latter half of the decade. Signs of improvement haveMIL `- i ',_ �,, been surfacing and a new era of the shopping center industry is starting to occur. Instead of building new centers, owners " . are redeveloping the centers theyalreadyhave, making p g g � , r�� them more appealing and driving consumers back into malls. `° , ;w I. ,,. o' • Green initiatives have made their way into the retail real estate 11,." r" , industry.Developers and mall owners have taken stepsto create .o sustainable centers by implementing "greener" methods into , tieveryday practices. From the land that the centers are built i I r_on to the materials used when remodeling or building a new "'° 1 +d-' � R center, to putting energy-saving solar panels on roofs, green methods can be found in many of today shopping centers. 1111 a� ' 6° In this process of going "green," a favorable situation has �� 1 occurred: malls are now more eco-friendly while operating ' ' more cost efficiently for the owners. Sustainability is a trend that will likely stick around for the coming years. Although this decade had its moments of ups and downs,the � �. shopping center industry proved its strength. Iill THE SHOPPING CENTER INDUSTRY NATIONAL IMPACT Shopping Center-Related Employment I I I I I 2013 Shopping center-related employment 2012 accounted for 12,476,750 jobs in 2013, — nearly 9.2% of the country's workforce. 2011 This figure represents an increase of 2010I 1.2% from 2012. At year-end 2013, there 2009 were 114,485 shopping centers, up from 2008 114,258 the previous year, containing 2007 ""IIII 7.49 billion square feet of gross leasable 1 °°°°°1"""" area (GLA) in the U.S. 2006 2005 2004 2003 2002 2001 I I 12.0 12.1 12.2 12.3 12.4 12.512.6 12.7 12.8 12.9 13.0 Millions 7 2013 MONTHLY DISTRIBUTION OF NON-ANCHOR TENANT SALES Dec Jan 14.79% 7.47% Feb 7.56% Mar Nov 8.62% 8.87% Oct Apr 7.08% 7.17% 10, May Sep 7.38% 7.45% Aug Jul Jun 8.09% 7.44% 8.09% US SHOPPING CENTER DEFINITIONS Regional [Mall] Super-Regional [Mall] Strip/Convenience [Open-Air] General merchandise or fashion-oriented Similar in concept to regional malls, but Attached row of stores or service outlets, offerings. Typically enclosed with inward- offering more variety and assortment. managed as a coherent retail entity. A facing stores connected by a common strip center does not have enclosed walkway. Parking surrounds the outside [Center Count] 680 walkways linking stores. A convenience perimeter. [Aggregate GLA sq. ft.] 833,812,001 center is among the smallest of the [Share of Industry GLA] 11.1% centers, whose tenants provide a narrow [Center Count] 831 [Average Size sq. ft.] 1,226,194 mix of goods and personal services to a [Aggregate GLA sq. ft.] 488,594,847 [Typical GLA Range] limited trade area. [Share of Industry GLA1 6.5% 800,000+ sq. ft. [Average Size sq. ft.] 587,960 [Trade Area Size] 5-25 miles [Center Count] 68,127 [Typical GLA Range] [Aggregate GLA sq. ft.] 895,849,415 400,000-800,000 sq. ft. [Share of Industry GLA] 12.0% [Trade Area Size] 5-15 miles [Average Size sq. ft.] 13,150 [Typical GLA Range] < 30,000 sq. ft. [Trade Area Size] 1 mile 8 2013 GEOGRAPHIC California, Texas and Florida continue to outperform other states in shopping center gross leasable area (GLA). Combined they account for 29.4% of the total GLA. In 2013, California led the nation in GLA, with 895.4 million square feet, or 12.0% '' AOP, 1111, of the total United States, up from Ull 892.E million in 2012. Texas centers i have 708.6 million square feet, from �!' 706.2 million in 2012. Florida has . `� 594.8 million square feet, up from 0 ' S94 millio1410:440), , n in 2012. The next largest concentrations are in Ohio, Georgia, Illinois, and New York, which all together have 16% of the total GLA. These seven states contain 45.3% of the total U.S. shopping center GLA. , In contrast, the sparsely populated ,o Q states of Wyoming, Vermont, South 0 �' Dakota, North Dakota, Alaska and Montana are home to less than 1.0% 5-10 million sq.ft. 11-40 million sq.ft. 41-95 million sq.ft of the total shopping center G LA. 96-165 million sq.ft. 166-250 million sq.ft. 251-750 million sq.ft 750+million sq.ft. US SHOPPING CENTER DEFINITIONS Neighborhood [Open-Air] Community [Open-Air] Lifestyle [Open-Air] Convenience oriented. General merchandise or convenience- Upscale national-chain specialty stores oriented offerings. Wider range of with dining and entertainment in an [Center Count] 32,301 apparel and other soft goods than outdoor setting. [Aggregate GLA sq. ft.] 2,322,119,720 neighborhood centers. The center is [Share of Industry GLA] 31.0% usually configured in a straight line as a strip, or may be laid out in an L or U [Center Count] 398 [Average Size sq. ft.] 71,890 ft. shape, depending on site and design. [Aggregate GLA s q• ] 126,247,790 [Typical GLA Range] [Share of Industry GLA] 1.7% 30,000-125,000 sq.ft. [Center Count] 9,562 [Average Size sq. ft.] 317,206 [Trade Area Size] 3 miles [Aggregate GLA sq. ft.] 1,884,308,441 [Typical GLA Range] [Share of Industry GLA] 25.2% 150,000-500,000 sq. ft. [Average Size sq. ft.] 197,062 [Trade Area Size] 8-12 mile [Typical GLA Range] 125,000-400,000 sq.ft. [Trade Area Size] 3-6 miles 9 UNITED STATES 2013 e COUNTRY TACT SHEET S Shopping Center GLA of x " Total Retail Sales $4.53 trillion Total Retail Space p Year-on-Year Change in Retail Sales 4,2% Total Retail Sales per Capita Wit , Total Retail Sales % GDP * lii%, Shopping Center Sales $2.49 trillion '.4 ° . Year-on-Year Change 2.6% 45.4% Shopping Center Salesper Capita $7,875 ' PP 9 P Shopping Center Sales % GDP 14.8% f olio as uwmn.ui w e iT. iu, w uuv< '.F Total Retail Employees 15.1 million .k 1 014 Oi '� Total Shopping Center Employees 12.5 million e 11 Shopping Center GLA 14 7,487,402,518 sq. ft I Total Shopping Center GLA per 100 Inhabitants 2,368 sq. ft US SHOPPING CENTER DEFINITIONS Power Center [Open-Air] Theme/Festival [Open-Air] Outlet [Open-Air] Category-dominant anchors, including Leisure, tourist, retail and service-oriented Manufacturers' and retailers' outlet stores discount department stores, off-price offerings with entertainment as a unifying selling brand name goods at a discount. stores, wholesale clubs, with only a few theme. Often located in urban areas, they small tenants. may be adapted from older—sometimes [Center Count] 340 historic—buildings, and can be part of a [Center Count] 2,028 mixed-use project. [Aggregate GLA sq. ft.] 76,259,181 [Aggregate GLA sq. ft.] 827,923,296 [Share of Industry GLA] 1.0% [Share of Industry GLA] 11.1% [Center Count] 178 [Average Size sq. ft.] 224,292 [Average Size sq. ft.] 408,246 [Aggregate GLA sq. ft.] 26,161,261 [Typical GLA Range] [Typical GLA Range] [Share of Industry GLA] .3% 50,000-400,000 sq. ft. 250,000-600,000 sq. ft. [Average Size sq. ft.] 146,973 [Trade Area Size] 25-75 mile [Typical GLA Range] [Trade Area Size] 5-10 miles 80,000-250,000 sq. ft. 25-75 miles UNITED STATES 2012 COUNTRY FACT SHEET Malls in the U.S. posted Five Largest Retailers Five Largest Shopping their highest sales per Center Owners square foot ($475) ever recorded in 2013. Wal-Mart $s28.7 bil. Consumers visited malls $1392bi. Simon Ali' 11MIllillll1o1lli11l (( li11l)(NYllIi on average 3.4 times Kroger $92.2 bil. r Kimco Realty per month. In each Target $72 bil. visit, they spent over costco_$71 bil. DDR $97 for an average of $26.1 bil. nearly $331 per month. The Home Depot_$66 bil. General Growth $8.8 bil. Women spent the most, i Brixmor averaging $344 per �<o'CD vD o'P°'P o' °vD ovD e� P month. Men averaged 3 3 6s9' 6sT \\ s,\. s,�. K, less, spending $321 �\yA �\yA �\yA ° c- per month, but actually ° °° ��° �° made slightly more trips . Domestic Sales . Domestic GLA - but those trips were 10 minutes less in duration International Sales Total GLA(including International GLA) than trips made by women. fr US SHOPPING CENTER DEFINITIONS / i 4 Airport Retail [Special Purpose] Total Industry / 0 . Consolidation of retail stores located within Mall+O en-Air+S ecial Purpose][ p p p ] 6! f t a commercial airport. , " [Center Count] 40 [Center Count] 114,485 [Aggregate GLA sq. ft.] 6,126,566 [Aggregate GLA sq. ft.] 7,487,402,518 1:14. 1, _.„ '' $Fiegi; , [Share of Industry GLA] .1% [Share of Industry GLA] 100% g [Average Size sq. ft.] 153,164 [Average Size] 65,401 sq. ft. �;k [Typical GLA Range sq. ft] II '' A'1 1111:1:114111.16k16... 75,000-300,000 sq. ft. . 4, 1 „ ri.i.;:i... . 'I 11140 0110" , , . .,11,44 I 11 I ABOUT ICSC Founded in 1957, ICSC is the premier global trade association of the shopping center industry. Its more than 60,000 members, in over 90 countries, include shopping center owners, developers, managers, marketing specialists, investors, retailers and brokers, as well as academics and public officials. As the global industry trade association, ICSC is linked to more than 25 national and regional shopping center councils throughout the world. For more information, visit www.icsc.org. j_cwitylA i : u NW"" .,•hall " Xa `t. Arr,, w � a" I � � �' q le 1 err°' 20/03/2025,10:42 From Vacant to Vibrant:City Projects From Vacant to Vibrant: City Projects Introduction City projects play a crucial role in revitalizing vacant areas, breathing new life into neglected spaces. By implementing innovative designs and strategies, these projects can transform abandoned places into vibrant community spaces. Vacant areas within cities often suffer from neglect, becoming eyesores and magnets for crime. However, city projects offer a solution to this problem by repurposing these spaces. The projects encompass a range of initiatives, including the redevelopment of vacant buildings, the creation of parks and green spaces, and the establishment of community hubs. City projects have gained traction in recent years due to their numerous benefits. Not only do they enhance the aesthetic appeal of the surrounding area,but they also contribute to economic growth. Revitalized spaces attract more visitors, lead to increased property values, and stimulate business activity. Additionally, these projects foster a sense of community pride and cohesion, as residents feel a stronger connection to their neighborhood. One example of a successful city project is the High Line in New York City. This elevated park was created on a historic freight rail line, transforming a disused space into a vibrant destination that attracts millions of visitors each year. The success of the High Line has inspired similar projects worldwide, demonstrating the potential impact of city projects on urban environments. In essence, city projects are essential for revitalizing vacant areas and creating vibrant communities. Through innovative planning and design, these initiatives can transform neglected spaces into thriving urban hubs. By embracing city projects, cities can unlock the potential of their vacant areas and enhance the quality of life for their residents. Transform Your Real Estate Decisions Unlock personalized real estate insights crafted just for you. Get actionable advice designed to amplify your success. Get Started read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 1/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects Defining vacant areas What constitutes a vacant area A vacant area refers to a space within a city that is unused or unoccupied. Vacant areas can include buildings, lots, or even large sections of land. These areas may have been abandoned or left vacant due to various reasons such as economic decline, natural disasters, or population shifts. Vacant areas can be found in both urban and rural settings. These spaces often lack any productive activity or purpose and can negatively impact the surrounding communities. Types of vacant areas (abandoned buildings, empty lots, etc.) Abandoned buildings These are structures that have been left vacant and are no longer in use. Reasons for abandonment can include financial issues, structural damage, or changing business conditions. Abandoned buildings can be eyesores, attract criminal activities, and create safety hazards. Empty lots These are parcels of land that are undeveloped and currently serve no purpose. Empty lots can be found in both residential and commercial areas. These spaces can become overgrown with weeds and attract illegal dumping or become breeding grounds for pests. Brownfield sites Brownfields are vacant areas that were previously used for industrial or commercial purposes but are now contaminated or perceived as contaminated. These areas may have harmful chemical residues or pollutants present in the soil or groundwater. Brownfield redevelopment projects aim to remediate the contamination and revitalize the site for productive use. Showcase Your Real Estate Business read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 2/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects Publish your company profile on our blog for just$200. Gain instant exposure and connect with a dedicated audience of real estate professionals and enthusiasts. Publish Your Profile Vacant storefronts These are commercial spaces, usually found in shopping districts, that remain unoccupied by businesses. High vacancy rates in storefronts can negatively impact the overall vibrancy and economic health of an area. The revitalization of these vacant storefronts can include attracting new businesses or transforming them into community spaces. Vacant government-owned properties These are properties owned by government entities that are currently not being utilized. Government-owned properties may include abandoned schools, hospitals, or other public infrastructure. Finding innovative uses for these vacant properties can contribute to the revitalization of communities and provide valuable resources. Vacant residential properties These are homes or apartments that are unoccupied or abandoned. Vacant residential properties can result from foreclosures, evictions, or a declining population. These spaces can attract squatters,become targets for vandalism, and have a negative impact on the neighborhood's stability. Vacant parks and public spaces These are open spaces designated for public use that are currently underutilized or abandoned. Vacant parks and public spaces often lack maintenance, amenities, or programming that could attract community engagement. Transforming these spaces into vibrant parks or recreational areas can enhance community well-being and social cohesion. In fact, vacant areas can be defined as unused or unoccupied spaces within a city. These areas can include abandoned buildings, empty lots, brownfield sites, vacant storefronts, government-owned properties, vacant residential properties, and vacant parks or public spaces. Understanding the types of vacant areas is crucial for developing strategies to revitalize and repurpose these spaces for vibrant community projects. read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 3/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects Read: Senior Living Facilities: Growing Market Benefits of city projects in revitalizing vacant areas Revitalizing vacant areas through city projects has a multitude of benefits for both local communities and the city as a whole. Economic benefits One of the significant advantages is the economic boost these projects bring. By creating employment opportunities, city projects generate jobs for local residents. This influx of jobs not only reduces unemployment rates but also improves the overall economic conditions in the area. As a result, residents have greater financial stability and the city experiences enhanced economic growth. Additionally, these projects have a positive impact on attracting businesses and investments to the area. Revitalized vacant areas often become attractive locations for new businesses, as they provide a fresh canvas for innovative ventures. The infusion of businesses and investments can further stimulate the local economy, leading to increased prosperity and development. Social benefits Apart from the economic benefits, city projects also contribute to the social well-being of the community. Revitalization efforts improve the quality of life for residents by transforming once dilapidated and neglected areas into vibrant and functional spaces. This includes the development of parks, community centers, and recreational facilities,providing residents with accessible and enjoyable amenities. Furthermore, city projects aimed at revitalizing vacant areas encourage community engagement and cohesion. By creating shared spaces where residents can interact and participate in various activities, these projects foster a sense of belonging and a stronger community bond. This social cohesion not only enhances the overall quality of life but also contributes to a safer and more harmonious living environment. Environmental benefits read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 4/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects In addition to economic and social benefits, city projects in vacant areas can have significant environmental advantages. Showcase Your Real Estate Business Publish your company profile on our blog for just$200. Gain instant exposure and connect with a dedicated audience of real estate professionals and enthusiasts. Publish Your Profile By converting unused spaces into green areas, these projects contribute to the city's aesthetics and environmental sustainability. Parks, gardens, and green spaces improve air quality,promote biodiversity, and provide recreational opportunities for residents, thereby enhancing the ecological well-being of the entire community. Moreover, these projects play a crucial role in reducing urban blight and pollution. Transforming vacant lots and abandoned buildings into functional and visually appealing spaces reduces the chances of crime, vandalism, and illegal dumping. Additionally, incorporating sustainable practices in these projects, such as energy-efficient designs and green infrastructure, helps mitigate the negative environmental impacts caused by urbanization. In short, city projects focused on revitalizing vacant areas bring numerous benefits to communities, economies, and the environment. From creating jobs and attracting investments to enhancing community engagement and promoting environmental sustainability, these projects play a pivotal role in transforming dormant spaces into vibrant and thriving parts of the city. Read: Small Town, Big Mall:A Study read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 5/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects wiiilt ace , , ' ' Viz; 0a,",., I. u Pr 11 fi wl Ike mil till 6nta w � v Nky x " � ',".1) �,Cj� i pY il� i 16 '� 1. .i. f yil a. S }• 6 I�k f . .rirt iv r•s L} y J v 4 M r 1 .,r q3 ¢,r il 7 1 V + +11 7 Examples of successful city projects The High Line in New York City 1. Overview of the project: The High Line project in New York City aimed to transform an abandoned elevated railway into a vibrant public space. 2. Transformation of an abandoned elevated railway into a vibrant public space: By repurposing the abandoned railway, the High Line project created a unique elevated park that became a major tourist attraction. Millennium Park in Chicago read://https_usrealestateinsider.com/?url=https%3A%2F%2Fusrealestateinsider.com%2Fvacant-to-vibrant-city-projects%2F 6/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects 1. Overview of the project: Millennium Park in Chicago involved the transformation of an underutilized rail yard into a cultural hub. 2. Transformation of an underutilized rail yard into a cultural hub: The project redeveloped the rail yard into a world-class urban park, featuring iconic landmarks, art installations, and outdoor performance spaces. The Beltline in Atlanta 1. Overview of the project: The Beltline project in Atlanta focused on the transformation of unused railway tracks into a network of trails and parks. 2. Transformation of unused railway tracks into a network of trails and parks: Through careful planning and community involvement, the Beltline project created a revitalized urban corridor with walking and biking paths,parks, and accessible public transit. Read: Waterfront Development: Tide of Success Uncover the Details: Industrial Property Demand in 2024 Challenges and obstacles for city projects Financial constraints and funding issues 1. Limited budget often hinders progress and implementation of city projects. 2. Difficulty in securing funding sources for large-scale urban development projects. 3. Insufficient financial resources to effectively address urban issues and cater to growing needs. Resistance from stakeholders and community members 1. Opposition from local residents and community groups can significantly delay or derail city projects. 2. Disagreements regarding the scope, design, or impact of the project can lead to conflicts. 3. Lack of community engagement and consultation can breed mistrust and resistance. Legal and regulatory hurdles 1. Complex and lengthy bureaucratic processes pose significant challenges to city projects. 2. Compliance with numerous regulations and codes can increase project costs and timelines. 3. Legal disputes and litigation can arise, causing delays and negative financial implications. read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 7/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects Maintenance and sustainability concerns 1. Ensuring long-term maintenance and sustainability of city projects can be a major challenge. 2. Lack of adequate funding for ongoing maintenance can lead to deterioration and inefficiencies. 3. Balancing economic growth with environmental sustainability requires careful planning and execution. In general, city projects face various challenges and obstacles that can hinder their successful implementation and impact. Financial constraints, resistance from stakeholders and community members, legal and regulatory hurdles, as well as maintenance and sustainability concerns, all contribute to these challenges. However, with proper planning, community engagement, and financial support, these obstacles can be overcome, leading to vibrant and transformative city projects. Read: Rural Healthcare Real Estate: A Surprising Boom Uncover the Details: Mixed-Use Developments: The Future Strategies for successful implementation of city projects Successful implementation of city projects requires various strategies. Below are four key strategies: Collaboration between public and private sectors 1. Cities should establish partnerships with private entities to leverage resources and expertise. 2. Public-private collaborations can help secure funding and access to innovative technologies. 3. Joint efforts can lead to efficient project management and streamlined decision-making processes. 4. Collaboration fosters creativity, diversity, and a shared sense of responsibility for the project's success. 5. Open communication channels between sectors enable effective problem-solving and conflict resolution. Comprehensive planning and feasibility studies 1. Prioritize thorough planning to ensure the project's objectives align with the city's long- term vision. 2. Conduct feasibility studies to assess the financial, environmental, and social viability of the project. read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 8/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects 3. Consider potential risks and challenges, allowing for proactive measures and contingency plans. 4. Engage urban planners, architects, and engineers to ensure the project's design and functionality meet standards. 5. Integrate sustainable practices and resilient design principles to future-proof the project. Community engagement and participation 1. Involve community members early in the project's development to gather diverse perspectives and ideas. 2. Host public forums, workshops, and online platforms to encourage active participation and feedback. 3. Community engagement builds trust, fosters ownership, and aligns the project with local priorities. 4. Ensure transparency by sharing project updates, milestones, and decisions with the community. 5. Empower citizens to contribute to the project's success through volunteer opportunities or task forces. Adaptive reuse and sustainable design principles 1. Rather than demolishing vacant spaces, explore adaptive reuse options to revitalize them. 2. Consider repurposing abandoned buildings or industrial sites,preserving their historical or cultural value. 3. Encourage sustainable design practices, such as energy-efficient systems and green infrastructure. 4. Create spaces that promote walkability, accessibility, and a sense of community identity. 5. Integrate nature-based solutions, such as urban gardens or rooftop parks, to enhance the urban environment. In addition, successful implementation of city projects relies on collaboration, comprehensive planning, community engagement, and sustainable design. By fostering partnerships, analyzing feasibility, involving communities, and embracing adaptive reuse, cities can transform vacant spaces into vibrant and thriving urban landscapes. Conclusion In a nutshell, city projects play a crucial role in breathing new life into vacant areas. read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 9/10 20/03/2025,10:42 From Vacant to Vibrant:City Projects These initiatives not only bring economic growth but also enhance the quality of life for residents. It is imperative that communities continue to invest in and support city projects. By doing so, they can create vibrant and sustainable neighborhoods that attract businesses, tourists, and residents, leading to long-term prosperity. Revitalizing vacant areas requires collaboration between the public and private sectors. We must come together to generate innovative ideas, secure funding, and implement effective strategies. Together, we can transform neglected spaces into thriving and vibrant communities. Don't miss the opportunity to be a part of this positive change. Get involved in city projects, advocate for their importance among decision-makers, and contribute your time and resources to support the revitalization efforts. Together, we can make a difference and create cities that are not only functional but also beautiful and inspiring. read://https_usrealestateinsider.corn/?url=https%3A%2F%2Fusrealestateinsider.corn%2Fvacant-to-vibrant-city-projects%2F 10/10 Community Support Essential for Military Installations, DOD Official Says June 12,2019 I By David Vergun You have accessed part of a historical collection on defense.gov.Some of the information contained within may be outdated and links may not function.Please contact the DOD Webmaster with any questions. People in communities across America appreciate having military installations nearby because they provide jobs,tax revenue and support national security,the assistant secretary of defense for sustainment told attendees of the 2019 Defense Communities National Summit in Washington. "If you have a military installation in your community,it's a right,not a privilege,and you have to earn that right every day,"Robert McMahon said yesterday. There's no guarantee that future defense budgets will be as adequate as they are today,he said,and that could mean cuts to installations that affect the surrounding communities.Also,there is always that potential for a future base realignment and closure,where installations are shuttered,as has happened in the past,McMahon noted. Communities that support their installations will fare much better than those that don't do as much,he predicted. Community Support to Installations McMahon provided some examples of community support that benefits installations as well as the communities themselves. 1111 t 1` 44 App 4r =vim School quality is a major concern among families,he said.Communities that work to improve learning environments are much welcomed,and sometimes,federal grants are available to do this,McMahon said. Ensuring that the community is a safe place to live is another concern,he said.Not just safe from crime, McMahon said,but with safe drinking water,safe housing and infrastructure safeguards to mitigate natural disasters such as flooding and cybersecurity. ..'....!,...",,,.1.‘ , *), ,y � . 1 '...7,,, A , , , i di - _ Communication between communities and installations is the key to making this all happen,McMahon said.One of the first steps community leaders can take is to meet with their installation commander and discuss mutual concerns. Communities and their installations are places where service members and their families"live,eat,work, play and pray,'he said.As such,ensuring a high quality of life will help ensure that installations are permanent fixtures. Mark Correll,deputy assistant secretary of the Air Force for environment,safety and infrastructure,noted that it's also important for communities and defense manufacturers to work together to support each other in similar ways. ..fir ■ R , wit 401 a Y. P.' - \ Y ' y1/4 U £dr4 U kiiih. 4 Examples of Military-Community Cooperation John A.Kliem,executive director of the Navy's Energy Security Programs Office,said Naval Support Activity Mid-South and the city of Millington,Tennessee,collaborated on a win-win project for both.The Navy leased 450 acres to the community for a horse farm and solar farm and the air station received lower rates on their energy bill. A second example,he said,is Joint Base Pearl Harbor-Hickam,Hawaii,which is working with the city of Honolulu to provide reliable energy required to meet the needs of Navy and Air Force missions. 410 OM I TM , ir" tib Ate, `.- ... F.Z. Y 1" . IV 4�. --s r i lit A third example,Kliem said,is Naval Submarine Base New London,Connecticut,which is working with the community of Groton to get a natural gas backup in case power to the grid goes out as it did in 2012,when Superstorm Sandy swept through. Hosted by Defense Media Activity-WEB.mi I MINOT AI FORCE BASE I � NPT qq � r. • x•hir t ,�... V PHOTO DETAILS/DOWNLOAD HI-RES Economic analysis:Minot Air Force Base's impact on city of Minot 0 0 Published March 12,2025 By Airman 1st Class Wesley Davies 5th Bomb Wing Public Affairs MINOT AIR FORCE BASE,N.D.-- MINOT AIR FORCE BASE,N.D.—When all factors are considered,the total economic impact of Minot Air Force Base on the city of Minot reaches more than$651,000,000 annually.This economic output reflects not only the direct contributions of military and civilian payroll but also the broader effects of construction,service contracts,procurements,and indirect job creation.Minot AFB's influence stretches across almost every sector of the local economy,enhancing the city's financial stability and growth. Minot Air Force Base plays an essential role in the economic fabric of the city of Minot,North Dakota.The base,home to more than 12,000 personnel, including 5,500 military members,6,300 military family members,and is a place of work for almost 1,000 civilian employees,serves as a major driver of local economic activity.The combined economic footprint of the base creates thousands of jobs,generates significant payroll,and supports various industries in the region,making Minot AFB a cornerstone of the city's economy. "The relationship between Minot AFB and the City of Minot is remarkably strong,and while the impact cannot be measured solely in quantitative terms,the Economic Impact Report truly does highlight the monetary significance of the partnership between the city and the base,"said U.S.Air Force 1st Lieutenant Michael Reissfelder,5th Comptroller Squadron financial analysis deputy flight commander."That bond makes our mission possible,provides opportunities to our Airmen,and helps the City of Minot grow and prosper:' The economic impact of Minot AFB begins with its payroll.The base's military payroll totals$370,000,000 annually,while civilian payroll adds another $81,000,000.Together,the base's personnel account for a total annual payroll of$451,000,000.This sum directly contributes to the local economy by providing income to thousands of individuals,many of whom live in Minot and contribute to the local housing market,retail businesses,and service industries.These payroll expenditures also support local tax revenue,contributing to Minot remaining a vibrant and economically stable community. Minot AFB also impacts the local construction and service sectors.The base has made many construction contracts for operations and maintenance within the city of Minot,totaling up to$18,000,000.These contracts help support local construction companies and workers,ensuring that the base operates effectively while stimulating economic activity in the region.Minot AFB also uses base support service contracts and medical service contracts worth approximately$13,000,000.These contracts help provide essential services,including maintenance,healthcare,and base operations,while also generating revenue for local businesses and creating jobs for civilian employees. M I N O T AIR FORCE BASE local economy. "Minot is recognized as an exceptional place to live,characterized by a welcoming community that fosters a sense of belonging,"said Leanna Porter, budget analyst for the 5th Comptroller Squadron."The local workforce benefits from employment opportunities,while both children and adults have access to an outstanding education system.These outcomes exemplify the most important effects of the economic contribution made by the Air Force Base,of which we are proud to be a part" The base's presence creates a ripple effect throughout the local economy,with an estimated two thousand indirect jobs created by the base's activities. These jobs are spread across industries such as retail,hospitality,and real estate,and contribute a total dollar value of$118,000,000. Global Journal of Accounting and Finance Volume 1, Number 2,2017 THE ECONOMIC IMPACT OF MILITARY BASE CLOSURES ON THE SURROUNDING METROPOLITAN AREA Jamie Amos, Hampton University ABSTRACT Amidst the decline in defense spending following the end of the Cold War, military base closures have prompted some of the most vocal public concerns. Public expectations of the impact often are very bleak, and economic forecasts of the local effects seem to bolster such fears. When a military base is slated to close, the surrounding community immediately goes into panic mode and thinks it is the start of an economic domino effect that will trickle down to every part of the community. However, economic devastation is not always the case as my research has found that an economic decline is not the probable outcome. The closing of a military base is not as devastating as most predict it would be. The Base Realignment and Closure Commission (BRAC) was created to provide an objective, thorough, accurate, and non partisan review and analysis, through a process determined by law, to create a list of bases and military installations which the Department of Defense recommends to be closed and/or realigned. This study focuses on factors that indicate the economic health of a community and expands the scope to metropolitan areas.A "pre"and `post" closure approach is taken to compare the differences in the economy of the surrounding metropolitan area. The economic factors included in this study are unemployment rate, median home value, population, median household income, real estate taxes paid and K-1281 school enrollment. Of those factors, unemployment rate and population were impacted positively, while median home value was the only factor negatively impacted. The bases closed in the year 2011 as part of the 2005 BRAC round of closure is the focus as this was the last round of closures and provides the latest information on this topic. Depending on the extent to which a military base supports the surrounding community, it could have far-reaching financial implications for that community; however, this research suggests most communities are not impacted as much as the negative predictions seem to be. INTRODUCTION Catastrophic, apocalyptic, and disastrous are words used to describe the impact of military base closures on the surrounding communities. Hooker&Knetter(2001) shows that a closure has a dire initial impact that gets better over time and eventually the community will spring back to some type of normalcy as time progresses. Other studies (Bayly, 2014), (Dardia, et al., 1996), (Nijhawan & Jackson, 2011), (Soresnson & Stenberg, 2015) have viewed the impacts as long lasting at times and the community can never totally recover from the base closure. Both studies have legitimacy, depending on the extent of economic and financial influence the base exerted in that community. The size and location of the base also play a major role in the impact it has on 1 Global Journal of Accounting and Finance Volume 1, Number 2,2017 that community. The effects can be socioeconomic, political, direct, and indirect, along with other significances that come with a major change. The closing and/or realignment of U. S. Military bases nationally and internationally have presented challenges for the Department of Defense(DoD)and the surrounding communities. Past research has brought about varied results, as different variables can influence the outcome of those results (Dardia, et al, 1996). This study will focus on the metropolitan areas of the bases closed in the year 2011 as part of the 2005 BRAC round of closures, with emphasis on six key economic indicators. Those economic indicators include the unemployment rate, median home value, population, median household income, property taxes paid, and K-12th school enrollment. BACKGROUND With the passage of the Base Realignment and Closure Act(BRAC Act. 1998), Congress instituted a new process with which to determine how military bases would be closed and/or realigned (Beaulier, Hall, & Lynch, 2011). The BRAC process can be considered as a two-stage process. Initially, a list of sites is gathered for BRAC scrutiny; then, each site is carefully considered for closure or realignment. There are four possible outcomes of the base closure and realignment process: closure, realignment resulting in a loss of employees and budget share, realignment resulting in an increase in employees and budget share, or no meaningful change (Beaulier, Hall, & Lynch, 2011). Minimum oversight was given to Congress in the closing of military bases by the Department of Defense.Per the Department of Defense(2005),however,in 1977, Congress passed legislation requiring DoD to notify Congress if an installation became a closure or realignment candidate. These and other procedural requirements effectively halted base closures until the last several rounds between 1988 and 2005. By 1988, the Defense budget had declined for three straight years and was predicted to decline further. The Department of Defense has estimated that the four previous BRAC rounds eliminated approximately 21 percent of DoD's 1988 installation capacity. These changes required an up-front investment of $22 billion, and through fiscal year 2001, produced net savings of approximately $17.7 billion, including the cost of environmental cleanup. Recurring savings and cost avoidances beyond 2001 are approximately $7.3 billion annually (Defense, 2005). LITERATURE REVIEW The BRAC Commission was created to provide an objective, thorough, accurate, and non- partisan review and analysis, through a process determined by law, to create a list of bases and military installations which the Department of Defense recommends to be closed and/or realigned (Defense Base Closure and Realignment Commission, 2005). The Commission is required to assess each recommendation to ensure it meets the eight selection criteria set forth by Congress in P.L. 108-375 (Defense Base Closure and Realignment Commission, 2005). Recommendations by DoD that substantially deviate from these selection criteria can be modified or rejected by the Commission by a simple majority vote of the Commissioners. The Commission can also add installations to the closure or realignment list recommended to the President, but only through a 2 Global Journal of Accounting and Finance Volume 1, Number 2,2017 process in which seven of nine Commissioners vote to do so, the Secretary of Defense is properly notified in writing 15 days prior to the proposed change, and only after at least two Commissioners physically visit the military installation in question (Defense, 2005). The Commission's assessment of the selection criteria and Force Structure Plan took place in the context of a balance between the goals of realizing savings and rationalizing our military infrastructure to meet the needs of future missions. Table 1 shows United States National defense consumption between the years 2005 —2016. U. S. national defense spending increased each year from 2005 to 2011, then decreased starting in 2012 which coincides with the year after the closing of the bases in this study. Table 1 United States National Defense Consumption United States National Defense Consumption $=billions 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 S608.30 $642.40 S678.70 $754.10 S788.30 S832.80 S836.90 S817.80 $767.00 S746.00 $732.00 S732.20 The Base Realignment and Closure process has been one of the Defense Department's most effective tools to trim excess infrastructure and better align the remaining base structure to the U.S. force structure; and over the years, these effects have provided significant savings that have been redirected to readiness (Sands, 2011). Base closure impacts are registered in job loss, income terms, and may be disaggregated as well into direct, indirect, and induced components (Poppert & Herzog, 2003). Personal income represents the income that households receive from all sources including wages and salaries,fringe benefits such as employer contributions to private pension plans, proprietors' income, and income from rent, dividends and interest and transfer payments such as Social Security and unemployment compensation (econoday.com, 2016). According to Bradshaw (1999), the time lag from closure to reuse of a base typically means that workers cannot wait for new opportunities on the base and will seek employment elsewhere in the area or move to another region. In addition, when bases are reused,the new industries are usually quite different and need workers with different skills and sometimes specialized training; and when laid-off workers do find other work,their income is well below what they received working on the base(Bradshaw T.K., 1999). Many examples of workers affected by base closures reinforce the widespread belief that people taking new jobs often must settle for lower pay (Bradshaw T. K., 1999). One systematic study by Mackinnon (1978) showed that workers in the early waves of a base closure took jobs that on average were lower paying. According to the United States Bureau of Labor Statistics (2016), the unemployment rate is a key indicator of the local economic conditions. Because a base closure creates changes in the population and income, it also impacts the housing market which in turn affects real estate tax 3 Global Journal of Accounting and Finance Volume 1, Number 2,2017 paid. Community vulnerability is also sensitive to the presence of a school on the base and the age distribution of the dependent populations; the greater the fraction of the local school population accounted for by military dependents, the greater the loss in government funding after those children leave the district(Dardia, et al, 1996). RESEARCH DESIGN A causal-comparison design is adopted for this study to show the difference between the year prior to closure to the year after.Per Fraenkel and Wallen(2006)causal-comparative research, like correlational research, seeks to identify associations among factors. A causal-comparative research attempts to determine the cause or consequences of differences that already exist between or among groups of individuals (Fraenkel & Wallen, 2006). A Wilcoxon signed-ranks test is utilized to calculate the difference between the year before and the year after the base closure to determine if there is an impact using different factors. Past research has mixed results as to the level of impact to the surrounding communities when a military base is closed if any at all. The six factors used in this study includes median home value, real estate taxes, population, median household income, unemployment rate and K-12th school enrollment; which will serve as the independent variables. The Wilcoxon signed-ranks test used to analyze the impact of base closure is suitable since the sample size is small and does not meet the stringent assumptions of normality required in a similarly paired t-test (Pett, 2016). It is a non-parametric statistical hypothesis test used when comparing two related samples, matched samples, or repeated measurements on a single sample to assess whether their population means ranks differ(Laerd Statistics, 2017). In the 2005 BRAC round of closures there were six bases closed in the year 2011; and although other bases were realigned, this study only focuses on the ones that were closed during that year. It focuses only on those bases that were closed the same year which keeps other factors that could have affected the economy in that year the same, and not cause the data to be slanted by some type of anomaly. The independent variables chosen for this study provide a framework for the economic health of a community. Combining each factor will provide a collective view of the impact that was felt by each metropolitan area. The data for each variable was gathered from the United States Census Bureau and the United States Bureau of Labor Statistics. DATA COLLECTION The data for each variable was gathered from the United States Census Bureau and the United States Bureau of Labor Statistics. The United States Census Bureau is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the U.S. Department of Commerce. The U.S. Census Bureau is overseen by the Economics and Statistics Administration (ESA) within the Department of Commerce. The Economics and Statistics Administration provides high-quality economic analysis and fosters the missions of the U.S. Census Bureau and the Bureau of Economic Analysis. The Bureau of Labor Statistics is a unit of the United States Department of Labor. It is the principal fact-finding agency for the U.S. government in the broad field of labor economics and statistics. 4 Global Journal of Accounting and Finance Volume 1, Number 2,2017 STATISTICAL ANALYSIS Growth is viewed as essential for a stable and good economy. A strong economy bolsters a strong middle class along with increasing purchasing power for all walks of life. It also allows the government to spend more money on research and spur innovation. This research used that doctrine as a guide to determine the economic variables used in this research. The data was compiled and organized by the years being compared - prior to closing (2010) and after closing (2012) by each variable. It was then loaded into SPSS and analyzed to reveal results for each variable by year. A 0.05 confidence level was used during the testing. The effect size is calculated by dividing the z-score by the square root of the total number of occurrences. In this case, it will be six data points in the year 2010 and in the year 2012,which will be a total of twelve occurrences. FACTORS ANALYZED Impacts of base closure have been assessed by comparing measures of local wellbeing of pre-and post-BRAC statuses. The factors for this study were chosen because they are all key economic indicators of the health of a community. Unemployment rates express the number of people who are out of work and looking for jobs. Household income represents the earnings that households receive from all sources and is a major determinant of spending. Population is one of the most direct indicator a community's vulnerability. Home values are also a great indicator of economic health because it takes other factors like unemployment and income in consideration. In connection to home values, property taxes paid is also a factor that help express the health of a local economy. Lastly, K-12th school enrollment was included as military-connected schools are also impacted by military base closures. DISCUSSION OF RESULTS The impact of the base closures was not as devastating as most would think. Although there is some economic downturn to the community,the catastrophic predictions did not come to fruition in this research. The mean change in the unemployment rate is 1%. With a p-value of 0.01,the test revealed a statistically significant difference in the unemployment rate, with an effect size of 0.70. The unemployment rate decreased, which means more people in the metropolitan area were working after the base closure. The mean change in median home value is $9,567. With a p-value of 0.05, the test revealed a statistically significant difference in median home value, with an effect size of 0.58. The median home value decreased from the year prior to closing to the year after. The mean change in population is 76,988. With a p-value of 0.03, the test revealed a statistically significant difference in population, with an effect size of 0.64. The population increased in the metropolitan areas surrounding the base after closure. The mean change in median household income is $141. With a p-value of 0.96, the test revealed there was not a statistically significant difference in median household income, with an effect size of 0.03. This indicates that there was no economic impact to the surrounding metropolitan area after the base closure on median household income. The mean change in real estate taxes paid is $13,348. With a p-value of 0.07, the test revealed there was not a statistically significant difference in real estate taxes paid, with an 5 Global Journal of Accounting and Finance Volume 1, Number 2,2017 effect size of 0.52. This is an indication that there is basically no economic impact on real estate taxes paid for the surrounding metropolitan area after a base closure. The mean change in school enrollment is 1,172. With a p-value of 0.75, the test revealed that there was not a statistically significant difference in school enrollment, with an effect size of 0.09. This is an indication that there is no economic impact in the surrounding metropolitan area on school enrollment after a base closure. UTILIZATION OF VACANT BASE FACILITIES The Department of Defense clearly states that base closures are conducted to improve military readiness and streamline the spending of defense funds (Defense, 2005), but environmental considerations also feature in the process of evaluating and converting sites (Havlick, 2014). When closing a military base, the government looks at the preservation options of the land. According to Havlick(2014), closed military bases are converted to a variety of new uses, ranging from playgrounds or recreational facilities to housing developments, business parks, and university campuses. However, many military lands face limited options for future use due to chemicals hazards, munitions, buildings, or aging infrastructure that remain on site. Due in part to these reasons, more than 15% of the major U.S. bases closed since 1988 have been re-designated as national wildlife refuges managed by the U.S. Fish and Wildlife Service (Havlick, 2014). Although sometimes the reuse of these lands can be made in reaction to the panic of closing the bases,instead of a methodical plan to reuse the land to the best of its ability. When communities find out that one of the major resources in their area is shutting down, they rally together to either stop the process or take the opportunity to create something better. Successful base reuse planning begins before closure; communities with strong leadership and organizational capacity minimize the panic sometimes associated with base closure and also position it for a stronger response (Mayo, 1988). Base closure generally places extraordinary demands on local governments, community organizations and economic development programs; however, it also stimulates and strengthens a community's organizational capacity and its ability to work collaboratively and in innovative ways (Bradshaw, 1999). CONCLUSION This study aimed to determine the economic impact of the bases closed in 2011 as part of the 2005 round of BRAC closures as it pertains to six economic factors. Using the Wilcoxon signed-ranks test, it revealed that of the six factors in the study, only three of them proved to be significant. Employment, population and median home value were all significant factors in the economic impact of the base closures. The impact on employment and population proved to be positive for the local community and the impact on median home value proved to be negative. The mean unemployment rate decreased one full percentage point prior to closing to after closure, which suggests of the people who remained, more of them were working after the base closure. Using a Wilcoxon signed-ranks test to compare the difference between pre and post base closure, all metropolitan areas in the study expressed a negative rank for the unemployment rate showing that 2012 was less than that in 2010. Additionally, the population increased for the 6 Global Journal of Accounting and Finance Volume 1, Number 2,2017 surrounding metropolitan areas of these bases. The mean change in population between the year prior to the year after increased over 75,000, which suggests most people stayed and more people came to those metropolitan areas after the bases was closed. The test revealed that the population ranks for all metropolitan areas in the study were positive showing that the population in 2012 was greater than that in 2010 after the base closures. However, this research shows that the housing value in these metropolitan areas declines because of the base closure, with an approximate mean change of a $10,000 price drop in median home values. The test revealed that five of the metropolitan areas in the study expressed a negative rank, while one revealed a positive rank showing that median home value in 2012 decreased from 2010. The median home value was the only factor that proved to be significant and negative, which suggests that base closures are not the "end of the world" predictions that most proposed. The other three factors used in this study, median household income, real estate taxes paid and school enrollment K-12th did not show a significant difference from the year prior to closing to the year after. Although they didn't prove to be significant, they are still important factors to consider when deciding which bases to close. United States defense consumption has fluctuated over time and as part of that fluctuation, military bases were closed and realigned to downsize its force structure and overhead expenses (Kuhn & Akers, 1997) however; with new concerns that threaten our everyday freedoms on a regular basis, these actions must be carefully considered. Bases must be scrutinized to reflect the impact of the military structure along with the impacts to the homeland. REFERENCES Bayly, J. (2014, October 17). Challenges Remain 20 Years After Loring Air Force Base Closure. Banger Daily News. Beaulier, S., Hall, J., & Lynch, A. (2011). The Impact of Political Factors on Military Base Closures. Journal of Economic Policy Reform, 333-342. Bivens, J. (2003). Updated Employment Multipliers for the U.S. Economy. Washington, DC: Economic Policy Institute. Bradshaw, T. (1994). Defense Industry Conversion, Base Closure, and the California Economy: Critical Issues for a Statewide Strategy. Fisher Center Working Papers. Bradshaw, T. K. (1999). Communities Not Fazed, Why Military Base Closures May Not Be Catastrophic. Journal of the American Planning Association, 193-206. Bureau of Economic Analysis. (2017,February 28). Retrieved from Bureau of Economic Analysis: https://www.bea.gov/iTable/iTable.cfm?RegID=9&step=1#regid=9&step=3&isuri=l&90 4=2005&903=98&906=a&905=2017&910=x&911=0 Bureau of Labor Statistics. (2016, December 26). Retrieved from Bureau of Labor Statistics Web Site: https://www.bls.gov/cps/cpshtgm.htm Census Bureau. (2016, December 8). United States Census Bureau: Metropolitan and Micropolitan. Retrieved from United States Census Bureau: http://www.census.gov/population/metro/ Collins, D. W., & Dent, W. T. (1979). The Proposed Elimination of Full Cost Accounting In the Extractive Petroleum Industry. Journal of Accounting and Economics, 3-44. 7 Global Journal of Accounting and Finance Volume 1, Number 2,2017 Dardia, M.,McCarthy, K., Malkin, J., & Vernez, G. (1996). The Effects of Military Base Closures on Local Communities. Santa Monica: RAND. De Pedro, K. T., Esqueda, M. C., Cederbaum, J. A., & Astor, R. A. (2014). District, School, and Community Stakeholder Perspectives on the Experiences of Military-Connected Students. Teachers College Record, 1-32. Defense Base Closure and Realignment Commission. (2005, September 8). Retrieved from Defense Base Closure and Realignment Commission: www.brac.gov Defense, D. o. (2005). Base Closure And Realignment Report. Washington D.C.: Department of Defense. Department of Defense, U. S. (2005). 2005 Defense Base Closure and Realignment Commission Report. Arlington: Department of Defense, United States. econoday.com. (2016, July 11). Retrieved from 2016 Economic Calendar: http://mam.econoday.com/byshoweventfull.aspx?event_id=269&cust=mam Fraenkel, N. E., & Wallen, J. R. (2006). How To Design And Evaluate Research In Education. New York: McGraw-Hill. Garner, J. K., Arnold, P. L., & Nunnery, J. (2014). Schoolwide Impact of Military-connected Student Enrollment: Educators' Perceptions. Children and Schools, 31-39. Gretzel, U., Yuan, Y.-L., & Fesesmaier, D. R. (2000). Preparing for the New Economy: Advertising Strategies and Change in Destination Marketing Organizations. Journal of Travel Research, 146-156. Havlick, D. (2014, January 3). Opportunistic Conservation at Former Military Sites in the United States. Progress in Physical Geography, pp. 271-285. Hooker, M., & Knetter, M. (2001). Measuring The Economic Effects of Military Base Closures. Ecnomic Inquiry, 583-598. Johnston, K. (2016, July 29). Chron. Retrieved from www.chron.com: http://smallbusiness.chron.com/low-population-growth-affect-local-business-3 803 9.html Kitmitto, S., Huberman, M., Blankenship, C., Hannan, S., Norris, D., & Christenson, B. (2011). Edcuational Options and Performance of Military-Connected School Districts. San Mateo: American Institutes For Research. Knight, M., Loayza, N., & Villanueva, D. (1996). The Peace Dividend: Military Spending Cuts and Ecnomic Cuts. Washington D.C.: The World Bank Policy Research Department Macroecnomics and Growth Division and International Monetary Fund. Kuhn, J., & Akers, S. (1997, Winter Winter). U. S. Miliatry Spending: A Survey of Analysis and Critique. Reference & User Service Quarterly, p. 137. Laerd Statistics. (2017, May 1). Retrieved from Laerd Statistics: https://statistics.laerd.com/spss- tutorials/wilcoxon-signed-rank-test-using-spss-statistics.php Liow, K. H. (2010).Firm Value, Growth, Profitability and Ccapital Structure of Listed Real Estate Companies: an nternational perspective. Journal of Property Research, 119-146. Matishak, M. (2016, December 26). The Fiscal Times. Retrieved from The Fiscal Times: http://www.thefiscaltimes.com/2016/03/08/BRAC-Back-Will-Congress-Actually-Close- More-Military-Bases 8 Global Journal of Accounting and Finance Volume 1, Number 2,2017 Mayo, P. (1988). Military Base Closure and Community Transformation: The Case of England Air Force Base in Central Louisiana. New Orleans: University of New Orleans. Metcalf, T. (2016, 7 11). Chron.com. Retrieved from Chron.com: http://work.chron.com/job-loss- affect-community-22916.html National Association of Realtors. (2016, December 26). Retrieved from National Association of Realtors: https://www.nar.realtor/ Nijhawan, I., & Jackson, P. (2011). Ecnomic Impact of Base Realignment and Closing On The Fort Bragg Region and The Largest Military Base In The United States. Journal of Economics and Economic Research, 1-12. Pett,M. A. (2016).Nonparametric Statistics for Healthcare Research:Statistics for Small Samples and Unusual Distributions. Thousand Oaks: Sage Publications. Poppert, P., & Herzog, H. W. (2003). Force Reduction, Base Closure, and the Indirect Effects of Military Installations on Local Employment Growth. Journal of Regional Science, 459- 481. Sands, A. (2011). Base Realignment and Closure Dollars and Sense in a Dynamic Environment. The Journal of the American Society of Military Comptrollers, 12-14. Simmons, T., & Kayn, T. (1992). Base Realignment and Closure; The Human Impact of Relocation.Armed Forces Comptroller, 16. Small Business Profit Explosion. (2015, April 30). Retrieved from Small Business Profit Explosion: http://wjb-cpa.typepad.com/wayne_jbelislecpabusin/sales marketing/ Soresnson, D., & Stenberg, P. (2015). The Effects of Military Base Closures on Rural County Economies: An Evaluation of the 1988-1955 Rounds of Cuts. Washington DC: International Atlantic Economic Society. Tadlock, C. (2012). Military Base Closures: Socioeconomic Impacts. Washington D.C.: Congressional Research Service. United States Securities and Exchange Commission. (2015, July 31). Retrieved from United States Securities and Exchange Commission: https://www.sec.gov/investor/pubs/tenthingstoconsider.htm Wilkerson, C. R., & Williams, M. D. (2008, Second Quarter Second Quarter). How Is the Rise in National Defense Spending Affecting the Tenth District Economy? Economic Review, pp. 49-79. 9 Report Military's Impact on State Economies Updated April 09,2018 Related Topic: NCSL Foundation The Department of Defense(DoD)operates more than 420 military installations in the 50 states,the District of Columbia,Guam and Puerto Rico. These installations sustain the presence of U.S.forces at home and abroad.Installations located within the United States and its territories are used to train and deploy troops, maintain weapons systems and care for the wounded.They also support military service members and families by providing housing,health care,childcare and on-base education. The DoD contributes billions of dollars each year to state economies through the operation of military installations. This spending helps sustain local communities by creating employment opportunities across a wide range of sectors,both directly and indirectly.Active duty and civilian employees spend their military wages on goods and services produced locally,while pensions and other benefits provide retirees and dependents a reliable source of income.States and communities also benefit from defense contracts with private companies for equipment,supplies,construction and various services such as health care and information technology. According to an analysis by the DoD Office of Economic Adjustment(OEA),the department spent$408 billion on payroll and contracts in Fiscal Year 2015,approximately 2.3 percent of U.S.gross domestic product(GDP).Spending was highest in Virginia,followed by California,Texas,Maryland and Florida.Virginia has the largest defense spending as a share of state GDP at 11.8 percent,followed by Hawaii at 9.9 percent. Top States by Total Defense Spending(in billions) 60 50 NEC,. 40 30 20 10 0 itg�Ra Ca`5fof to 0,35 Madand F1o6dapeonsyluan`a Washo oo Georga55acbu5tt5 Pfaba�a M Total Defense Spending Highest Defense Spending as a Percentage of State GDP 0 0 N\4cn\3 Na�au P1°':o Columb'a P\aska 1)a0a°6 `SSAss\Pp Ket`tucky Ma oe l2ona Percent of State GDP The economic benefits created by military installations are susceptible to change at both the federal and state levels.Recent events such as the drawdown of troops in Iraq and Afghanistan,federal budget cuts,and potential future rounds of Base Realignment and Closure have left government officials uncertain of the future role and sustainability of military installations. These trends have been a driving force behind many states'decisions to commission studies that define the military activity and infrastructure that exists in the state and measure the economic impact of military presence.Economic impact studies allow states to better advocate on behalf of their installations and plan for future growth or restructuring. At least 24 states have commissioned their own study to quantify the direct and indirect effects of military presence on a state's economy.Impacts generally include salaries and benefits paid to military and civilian personnel and retirees,defense contracts,local business activity supported by military operations,tax revenues and other military spending.In 2015,for example,military installations in North Carolina supported 578,000 jobs,$34 billion in personal income and$66 billion in gross state product.This amounts to roughly 10 percent of the state's overall economy. In 2014,Colorado lawmakers appropriated$300,000 in state funds to examine the comprehensive value of military activities across the state's seven major installations.The state Department of Military and Veterans Affairs released its study in May 2015,reporting a total economic impact of$27 billion. Kentucky has also taken steps to measure military activity,releasing its fifth study in June 2016.The military spent approximately$12 billion in Kentucky during 2014-15.With 38,700 active duty and civilian employees,military employment exceeds the next largest state employer by more than 21,000 jobs. Even states with relatively small military footprints have reported significant economic gains.In Michigan,for example,defense spending in Fiscal Year 2014 supported 105,000 jobs,added more than$9 billion in gross state product and created nearly$10 billion in personal income.A 2016 study sponsored by the Michigan Defense Center presents a statewide strategy to preserve Army and Air National Guard facilities following a future Base Realignment and Closure(BRAC)round as well as to attract new missions. Economic Impact of Military Presence by State DoD Office of Economic Adjustment Study(FY 2015) State-Commissioned Studies Defense %of Defense Personnel(Active, Spending FY State Year Key Findings Civilian,Guard/Res) State 2015 GDP Alabama $12.2 billion 5.9% 52,116 N/A None Found Alaska $3.3 billion 6.1% 27,764 N/A None Found Arizona $10.0 billion 3.4% 42,547 2008 • $9.1 billion in economic output • 96,328 jobs created or supported • Annual state and local tax revenue of$401 million Arkansas $1.4 billion 1.2% 20,229 N/A None Found California $49.3 billion 2.1% 269,540 N/A None Found Colorado $8.7 billion 2.8% 61,294 2015 • $27 billion in total state output from DoD expenditures DoD Office of Economic Adjustment Study(FY 2015) State-Commissioned Studies Defense %of Defense Personnel(Active, Spending FY State Year Key Findings Civilian,Guard/Res) State 2015 GDP • 170,000 jobs,5.2%of total • $11.6 billion in earnings,7.5%of total Connecticut $9.7 billion 3.8% 15,414 N/A None Found Delaware $676.8 million 1.0% 9,959 2011* • The Delaware National Guard paid costs of nearly$67.5 million to employ 759 military personnel and civilian employees as well as$24.2 million to the 2,462 Soldiers and Airmen on drill status. • The DNG spent nearly$33 million in construction District of $6.8 billion 5.7% 25,550 N/A None Found Columbia Florida $17.6 billion 2.0% 126,292 2013 • Total defense spending amounted to$31.3 billion • Defense spending was directly or indirectly responsible for$73.4 billion, or 9.4%of Florida's 2011 Gross State Product • Provided a total of 758,112 direct and indirect jobs. Georgia $12.6 billion 2.6% 129,463 N/A None Found Hawaii $7.8 billion 9.8% 73,487 2012 • Direct and indirect impacts exceeded$14.7 billion • Provided 102,000 jobs Idaho $643.3 million 1.0% 10,436 N/A None Found Illinois $7.0 billion 0.9% 57,078 2014 • $13.3 billion in gross state product • $9.7 billion in earnings and retirement benefits • Provided 150,000 jobs Indiana $3.9 billion 1.2% 31,376 N/A None Found Iowa $1.4 billion 0.8% 12,969 N/A None Found Kansas $3.3 billion 2.3% 41,152 2009 • $7.7 billion per year in gross state product,7%of total • 169,560 jobs supported directly or indirectly(9.4%of total employment) • $393.6 million per year in city/county,region and state tax revenue Kentucky $9.0 billion 4.7% 57,080 2016 • Nearly$12 billion in federal military spending • With over 38,000 full-time employees,it is the largest employer in Kentucky. • About 28,500 military retirees received$637 million in retirement pay. Louisiana $3.8 billion 1.5% 41,250 2013 • $8.7 billion in economic output • 82,700 jobs tied to the military(4.35%of total employment) • $287 million in state and local tax revenue DoD Office of Economic Adjustment Study(FY 2015) State-Commissioned Studies Defense %of Defense Personnel(Active, Spending FY State Civilian,Guard/Res) Year Key Findings State 2015 GDP Maine $2.6 billion 4.7% 11,794 N/A None Found Maryland $20.5 billion 5.7% 93,183 2015 • 15 military installations supported 410,219jobs • Generates$57.4 billion in total output and$25.7 billion in total wages Massachusetts $12.2 billion 2.6% 24,174 2015 • Military installations total expenditures over$8 billion in 2013 • A total of 57,618 jobs supported directly or indirectly by the military's presence in Massachusetts. • Total economic output of$13.2 billion Michigan $2.9 billion 0.6% 25,689 2016 • Supported over 105,000 job throughout the state • Added more than$9 billion in Gross State Product • Created nearly$10 billion in personal income • Activities supported nearly$8 billion in personal expenditures Minnesota $4.3 billion 1.3% 21,823 N/A None Found Mississippi $5.2 billion 4.9% 37,006 N/A None Found Missouri $10.6 billion 3.7% 43,020 2013 • Created$39.76 billion in total economic impact • Added 275,350 direct and indirect jobs Montana $519 million 1.1% 9,185 N/A None Found Nebraska $1.5 billion 1.3% 16,776 2015* • Nebraska Military Department employed 4,545.5 jobs with a total payroll of about$150 million • Received$22 million in federal appropriations Nevada $2.3 billion 1.6% 20,683 2014 • The DoD budget in Nevada accounted for 53,000 jobs • Increased economic output by$28 billion • Provided$9 billion in increased personal earnings • Created$307 million in increased state taxes New Hampshire $1.4 billion 2.0% 6,350 N/A None Found New Jersey $6.6 billion 1.2% 33,834 2013 • $4.8 billion in DoD military expenditures resulted in$6.5 billion in gross state product • Creation of 73,234 direct and indirect jobs New Mexico $3.1 billion 3.4% 23,539 N/A None Found New York $9.1 billion 0.6% 61,765 2012 In Progress DoD Office of Economic Adjustment Study(FY 2015) State-Commissioned Studies Defense %of Defense Personnel(Active, Spending FY State Year Key Findings Civilian,Guard/Res) State 2015 GDP North Carolina $9.8 billion 2.0% 144,881 2015 • $66 billion in gross state product,roughly 10%of the state's economy • 578,000 direct and indirect jobs • Provided for$34 billion in personal income North Dakota $747.2 million 1.4% 13,296 N/A None Found Ohio $6.9 billion 1.2% 60,224 N/A None Found Oklahoma $4.7 billion 2.6% 57,080 2011 • $9.6 billion in gross state product,7%of statewide total • Supported 133,800 direct and indirect jobs • Average military job paid$41,742 compared to the state average of $38,237 Oregon $1.3 billion 0.6% 13,356 N/A None Found Pennsylvania $12.7 billion 1.9% 57,919 N/A None Found Rhode Island $2.0 billion 3.5% 12,216 N/A None Found South Carolina $5.3 billion 2.7% 65,632 2012 • $15.7 billion in economic activity • 138,161 jobs supported • Since 2000,DoD has distributed over$34 billion to defense contractors, accounting for 2%of gross state product each year South Dakota $456.8 million 1.0% 9,257 N/A None Found Tennessee $2.4 billion 0.8% 71,441 N/A None Found Texas $37.9 billion 2.3% 218,523 2015- • $136 billion in total economic impact 2016 • More than 232,000 personnel at 15 military installations • $16.64 billion in total defense contract funds • $13.8 billion in DoD military expenditures Utah $3.2 billion 2.2% 30,486 2014 In Progress(2014 HB 313) Vermont $295.5 million 1.0% 4,931 N/A None Found Virginia $53.0 billion 11.2% 246,553 2014 • Defense spending was$59.6 billion or 13%of gross state product • Military spending accounts for 44%of federal spending in Virginia Washington $12.6 billion 2.9% 107,341 2010 • $7.9 billion in military installation expenditures and$5.2 billion in contract spending • $12.2 billion in gross state product,4%of total • Supported 191,600jobs West Virginia $527 million 0.7% 10,204 N/A None Found Wisconsin $2.3 billion 0.8% 18,035 N/A None Found DoD Office of Economic Adjustment Study(FY 2015) State-Commissioned Studies Defense %of Defense Personnel(Active, Spending FY State Civilian,Guard/Res) Year Key Findings State 2015 GDP Wyoming $370 million 0.9% 7,171 N/A None Found American Samoa N/A N/A N/A N/A None Found Guam N/A N/A N/A N/A None Found Northern Mariana N/A N/A N/A N/A None Found Islands Puerto Rico N/A N/A N/A N/A None Found U.S.Virgin Islands N/A N/A N/A N/A None Found Additional Studies Study Year Key Findings Link 50-State 2011 This Bloomberg Government study examines U.S.military spending in fiscal year 2009 and provides a snapshot of Bloomberg Government Study defense spending at the state and local levels for all 50 states and the District of Columbia. Study (2009 Data) For fiscal year 2009,$527.8 billion was spent in the U.S.for the salaries of military personnel and civilian employees, military pensions,contracts for military equipment supplies,construction,services and research,and for grants. The Defense Department operated 4,742 sites,such as bases and office buildings,in the U.S.in 2009. 50-State 2016 State leaders'focus on preserving the presence and economic contribution of military installations has reached an all- State Support for Study time high,with eight states establishing military affairs organizations in the past three years. Defense Installations Budget cuts at the Pentagon have fallen particularly hard on installations,trimming funding for facility maintenance, upgrades and new construction,as well as quality-of-life services for military members and their families At the same time,DOD has urged Congress to approve a new round of base closures every year since 2012. New England 2012 The defense industry is a major contributor to the economy of New England and to each of the six states that New England Defense Study comprise it. Industry (2011 Data) Defense and Homeland Security contracting is responsible for a total of more than 319,000 jobs and a total payroll of more than$22.6 billion across the region. The overall direct,indirect and induced economic activity generated by the resulting work performed in New England exceeds$62 billion Related Resources Updated July 25,2024 Updated February 28,2025 2025 NCSL Legislative Summit Welcome to the NCSL Foundation Prospectus Welcome to the NCSL Foundation!Here's Network effectively with state legislators and what you need to know to take full advantage staff at the 50th NCSL Legislative Summit in of your sponsorship. Boston.Elevate your brand and connect with NCSL Foundation decision-makers from across the nation as an exhibitor,advertiser,or sponsor. NCSL Foundation Updated January 10,2025 NCSL Foundation Board of Directors 2025 Winter Meeting THE NEW LOCALISM BRUCE KATZ•JEREMY NOWAK The Defense Dividend and What it Means for Cities BY BRUCE KATZ, MILENA DOVALI AND VICTORIA OROZCO • OCTOBER 19,2023 SHARE f For the past 30 years,with the fall of the Berlin Wall and the dissolution of the Soviet Union,the notion of a"peace dividend" took hold in the United States. To use an old metaphor,less funding for guns meant more resources for butter. Times have changed.The world has,once again,become a dangerous,polarized place.Russia's invasion of Ukraine,rising tensions with China and the reignited Mideast conflict following the Hamas assault on Israel have meant that defense spending in the United States(and among its allies across the world)is on the rise. The numbers speak for themselves. In FY 2023,Department of Defense Appropriations totaled$797 billion, an almost 10 percent increase over FY 2022.Remarkably,Congress provided$45 billion over what the Biden Administration had initially requested,a product of growing national security concerns as tensions with China worsened during the fiscal year. The expanded spending will advance national security by modernizing the military,developing new technologies,and enhancing the readiness and resiliency of defense facilities. Since the start of our republic,national defense investments have had profound local implications.If history is any guide,a subset of US cities and metros will experience a substantial defense dividend from the current level of spending. At its most basic level,the defense dividend comes from additional spending for contracts and personnel,resources which then get recycled in the metropolitan economy.Yet smart communities can go further,leveraging defense spending to grow quality jobs,equip workers with the skills they need,fund local suppliers,redevelop central business districts with excess office capacity, accelerate the clean energy transition and drive the formation and expansion of innovative technology companies. At the same time,the development of strong metropolitan ecosystems around military-funded bases,production facilities and R&D capabilities has broad national security implications.As recently observed, "Militaries very rarely decisive outcomes,they win battles. [In attritional conflicts such as Ukraine],it's economies that win wars"[1] Compared with other industrial policy achievements of the Biden era(e.g.,the Bipartisan Infrastructure Law,the CHIPS and Science Act and the Inflation Reduction Act),federal defense spending has unique features. • Unlike these other investments,defense spending does not represent a one-time-only surge in expenditures.Rather these are annual appropriations that provide a predictable flow of funding over multiple years and a new floor for future spending. • Unlike most federal agencies,the Department of Defense is not allocating resources through block grants or competitive programs.It is,rather,a super-sized employer and a massive buyer of goods and services. Defense appropriations, therefore,involve direct federal spending rather than being distributed through states,localities and a plethora of public authorities and agencies.It is also a central element of what has been labeled The Procurement Economy, • Unlike many federal programs,defense spending is not allocated across the country based on need criteria and will not affect all areas of the country equally.Rather,as described below,it will disproportionately benefit communities that have distinctive military assets developed over decades if not,in some cases, centuries. Realizing a defense dividend requires local and state leaders to understand their special role and function within the nation's sprawling defense establishment and work to leverage its impact to the maximum extent possible.The military industrial complex,to use an evocative phrase popularized by President Dwight Eisenhower,is spatially distributed in ways that give cities, metropolitan areas and states radically different starting points as the federal government makes its procurement decisions. Fortunately,the Department of Defense is unusually transparent about its spending patterns and procurement decisions.Just last month,for example,the Office of Local Defense Community Cooperation released a report entitled simply Defense Spending by State,FY2022.The report is a treasure trove of information and a starting point for every city,county,metropolis and state trying to understand their role in the defense establishment. As summarized in the report's introduction: "The report's graphs,maps,and tables present a range of findings, such as total spending figures,categories of contracted goods and services,major defense vendors,numbers,and types of defense personnel,and,for the first time,grants awarded by DoD. This snapshot provides public and private leaders with a starting place to assess how defense investments across installations, communities, and the private sector can be optimized by supporting regional innovation,industrial capability and capacity, supply chain resilience,and cultivating a skilled workforce:' Within this report,it is revealed that the Department of Defense's total expenditure across all 50 states and the District of Columbia amounted to$558.7 billion,equivalent to 2.2%of the nation's GDP. Most of these funds, $389.5 billion,were dedicated to contracts, while personnel payroll accounted for$159.4 billion,and grants constituted$9.7 billion. Here is a 5-part typology that might be helpful to communities as they begin to sort out their own,customized defense dividend.This typology is not exhaustive nor totally reflects how the Department of Defense organizes itself. Rather,it is built from the bottom up as a practical guide to enable local communities to recognize different kinds of defense spending,leverage it for maximum local impact and help the Department of Defense take full advantage of the economic ecosystems that communities offer. Military bases:Each of the Armed Services(i.e.,Army,Navy,Air Force,Marines, Space Command)has bases for its personnel across the country.These bases are often vast enterprises that have enormous economic benefits for the communities in which they are located. As a report of the Texas Comptroller concluded: "Texas'military bases aren't just barracks,mess halls and firing ranges.They're more like cities,and in some cases like large cities.Modern military bases include machine shops,garages, water treatment plants,hospitals,wellness centers,hotels, stores,restaurants,day-care centers,movie theaters and more, employing civilians and military contractors as well as service members."[2] El Paso's Fort Bliss,for example,is an army base supporting over 28,400 active duty and civilian employees,ranking 10th in defense personnel nationwide.The DOD report shows that bases yield a dual benefit.In FY 2022,El Paso received over$562.6 million in contract spending(in part related to the operation and maintenance of the base)and$1.9 billion in personnel spending. This direct spending represents 6.4%of the metro's Gross Domestic Product. Command Centers: Some military bases or installations serve broader purposes for either separate Services or the military as a whole.Scott Air Force Base in St. Clair,Illinois,for example, supports close to 8,400 active duty and civilian employees.The base is home to the United States Transportation Command (TRANSCOM),which is responsible for the logistical movement of troops,equipment,munitions and other supplies across the world. The command's role has been on display recently,coordinating and delivering supplies for the war in Ukraine.In FY 2022, St Clair, Illinois received$1.3 billion in contract spending(second highest in the state of Illinois)and over$790.3 million in personnel spending(highest in the state),representing a significant 16%of St Clair County's Gross Domestic Product. Production Hubs:The military is a platform for advanced manufacturing in the United States. Unlike civilian manufacturing, the offshoring and outsourcing of defense related manufacturing has been constrained;the threats to national security are too profound.With enhanced federal spending,the Department of Defense has already declared its intention to build the next generation of fighter jets,drones,nuclear submarines,hypersonic weapons, artificial intelligence,and cybersecurity. This is compelling some rapid shifts in focus and investment. As the Financial Times reported yesterday, "Analysts say the Ukraine war has provided something of a wake-up call for the US defense industry,which had been de- emphasizing production of weaponry needed in traditional land wars and focusing more on technologically advanced surveillance and reconnaissance systems needed for counter- terrorism missions and deterring China in the Pacific."[3] The local implications are significant.Boeing,for example,has a major presence in St.Louis County in Missouri.The company employs about 15,800 people in the area,and it has been a part of the community for nearly 80 years.Boeing's St.Louis operations are focused on advanced manufacturing;the company also has several research and development facilities in the area.In FY 2022,St. Louis County received$5.4 billion in contract spending(equivalent to 6.08%of the County's Gross Domestic Product);Boeing itself received$4.1 billion. Innovation Hubs:Each of the Services have major research and development facilities that enable the testing and development of next generation technologies and weapons.The largest of these facilities include the Naval Undersea Warfare Center in Newport, RI,Wright-Patterson Air Force Base in Dayton,OH, and the Army Research Laboratory in Adelphi,MD. As a result,Newport,RI and the surrounding community received nearly$586 million in contract spending and$753 million in personnel spending. Distributed R&D:Each of the Services as well as other DOD entities such as the Defense Advanced Research Projects Agency(DARPA) have ample research budgets and work closely with networks of researchers at universities,research institutions and industry partners across the country.All this is complemented by additional federal R&D funding to promote business innovation and technology transfer in defense-related areas,such as the SBIR/STTR awards.Massachusetts Institute of Technology,for example,received$1.1 billion in contract spending in FY 2022;the University of Dayton,located near Wright-Patterson Air Force Base in Dayton,OH,received$157.4 million. In some cases,DOD funds special university centers to enable closer collaboration between the military, corporations,start-ups and researchers and accelerate technological breakthroughs and improvements.The National Robotics Engineering Center(NREC) at Carnegie Mellon University,for example,conducts research on a wide range of robotics technologies,including autonomous vehicles,unmanned aerial vehicles, and exoskeletons.These kinds of centers are likely to grow in number and size given the changing nature of warfare and the rise of Defense Tech.In September 2023, for example,DOD announced the award of nearly$240 million dollars to eight regional"innovation hubs" around the United States to help the development of a domestic microelectronics manufacturing industry. As these examples illustrate,the reach of defense spending is far and wide.The economic benefit of these facilities and activities are pronounced,providing cities and metropolitan areas with a steady demand for both talented workers who earn decent wages that recirculate throughout local economies as well as local enterprises that can supply a broad array of quality goods and services to military bases and facilities. For metros that cross state lines,the economic benefits are even more substantial than DOD's report suggests.The St.Louis metropolis,for example,encompasses 15 counties in both Missouri and Illinois.Local stakeholders,therefore,can only ascertain the full impact of defense contract and personnel spending by reviewing information for both states. In many respects,the impacts of defense spending are similar to those of any large employer in a metropolis.But they are only the tip of the iceberg.Local communities,working closely with the Department of Defense, can realize a full defense dividend by acting with intention and purpose. Here are 5 strategies that build upon existing strategies and hold great promise. • Regenerate downtowns:Many central business districts have been hit hard by remote work.In metros with a large military presence,vacant office space can be taken by innovative defense firms as well as defense personnel themselves.In Dayton, Ohio,for example,Infinity Labs,a fast-growing firm in the advanced air mobility sector,has taken space in the historic Dayton Arcade.The potential to move several hundred personnel from"behind the fence"of Wright Patterson Air Force Base to the center of the downtown would have immeasurable benefits,without compromising national security. • Accelerate the clean energy transition:The Department of Defense has a clear mandate and interest to accelerate the transition to reliable and resilient clean energy.The 2021 DoD Climate Adaptation Plan strives to reduce the adverse impacts of climate change by strengthening the resilience of critical supply chains and leveraging DoD's purchasing power.Under this Climate Adaptation Plan, each of the Armed Services has started to release its own climate strategy with specific goals around the reduction of GHG emissions that could have significant implications in regional economies.There is enormous potential for DOD to work with utilities,energy developers and technology firms on accelerating the clean energy transition.In El Paso,Fort Bliss has already worked with the city of El Paso and the local water utility to create the world's largest inland desalination plant,which now provides fresh water for the city and the base. • Boost local businesses:The Department of Defense is one of the largest purchasing entities in the world.The expansion and maintenance of military bases requires the purchase of a broad spectrum of goods and services, a portion of which can be supplied by local and diverse firms.The execution of Intergovernmental Services Agreements,which enable buying decisions to be delegated from the Department of Defense to local governments,has been tested in San Antonio and elsewhere and offers the potential for broader local impacts. • Train workers for quality jobs:The boost in defense-related manufacturing has the potential to create good paying jobs for workers who can obtain the necessary skills and credentials through community colleges.The model for business-led skills training already exists.Since 2007,the St.Louis Community College and Boeing have worked closely together to train and successfully place more than 1200 participants as aircraft assembly mechanics. • Create innovation centers and districts:The design of next generation defense systems will require continuous innovation and close collaboration between university researchers and defense manufacturers.In St.Louis,Boeing has led a successful effort to create an Advanced Manufacturing Innovation Center in partnership with local universities and economic development organizations.The Center,modelled after the Advanced Manufacturing Research Centre in Sheffield,England,is now moving from concept to reality, backed by federal, state,local and corporate funding. These strategies,and others,work best when they are part of larger partnerships between defense installations and the broader economic development ecosystems(e.g., city,county and state economic development organizations,business leadership groups, universities,community colleges,infrastructure and energy utilities)that populate cities and metropolitan areas.A local defense council or consortium could play a crucial role in coordinating these efforts,ensuring effective communication and a unified approach to leveraging defense spending for local growth. The upshot of our analysis is sobering but realistic.As the world enters a new period of sustained geo-political tension and live regional conflicts,a substantial increase in US military spending can be expected for the foreseeable future.A defense dividend will accrue to those US cities,metros and states able to align key policies and strategies to the demands of national security. Bruce Katz is the Founding Director of the Nowak Metro Finance Lab at Drexel University. Milena Dovali and Victoria Orozco are Research Officers at the Nowak Lab. [1] Christopher Miller and Ben Hall, "Lessons from the Summer Offensive,"Financial Times,9/15/2023 [2] Bruce Wright, "Military Installations Worth Billions for Texas;'FiscalNotes, 9/2016 [3] Steff Chavez and Felicia Schwartz, "War tests US defense sector strained by Kyiv demands,"Financial Times, 10/18/2023 OLDER NEWER BY BRUCE KATZ AND JACOB FLORES • BY BRUCE KATZ • OCTOBER 26 SEPTEMBER 28 Books for our Times How Cities Navigate the New Economic Order BRUCE KATZ JEREMY NOWAK FOR MEDIA INQUIRIES AND SPEAKING (n brucekatz bruce.katziri thenewlocalism.com JOIN OUR MAILING LIST SHOP ABOUT NEWSLETTERS CONTACT RESEARCH EVENTS PODCASTS MEDIA ©2017-2025 The New Localism.All rights reserved.' s I EXHIBIT C -"MSU .�wrl TEXAS S,. OFFICE OF THE PRESIDENT 3410 Taft Boulevard Wichita Falls,Texas 76308-2099 0 940.397.4211 f 940.397.4010 msutexas.edu TO: Leo Lane, Chair, 4A-Wichita Falls Economic Development Corporation 1 FROM: Stacia Haynie, President j'�``" DATE: July 9, 2024 RE: Student Success and Military Education Center Midwestern State University (MSU) is dedicated to fostering student success and retention through strategic initiatives. As part of our overall enrollment plan, we are deeply committed to enriching educational opportunities for military and military-affiliated individuals at Sheppard Air Force Base (SAFB) and the many veterans residing within our region of Texas. Our Student Success Initiative, anchored by a Military Education Center, is a testament to this commitment. This Center would be a centralized support hub, facilitating streamlined access to services tailored to military-affiliated students' unique requirements. Our unwavering commitment to the success of these students is at the core of this initiative. Furthermore, this initiative will enable the development of academic programs that align with military preparedness standards. It is crucial for both MSU and Sheppard Air Force Base to remain vital pillars supporting the economic stability of the North Central Texas region. This initiative stands as a force multiplier, bolstering enrollment at the university, supporting the base, and solidifying the position and interdependence of both organizations in the Wichita Falls community. The Center will be located on the second floor of the Bridwell Activity Center. Originally made possible by the Bridwell Foundation in 2022, the Bridwell Activity Center's second floor has remained unfinished, contrasting with the student services programs and sororities' chapter houses on the first floor. With its student energy and amenities like a coffee shop and study spaces,this location offers a vibrant campus atmosphere for individuals connected to the military to access services at the Military Education Center on the second floor. At the heart of the Center will be a comprehensive support network comprising staff members from various departments, including admissions, registration, financial aid, veterans' benefits, academic advising, technological support services, and career counseling trained to effectively address the unique educational needs of military-affiliated students and their families. Moreover,tailored services exclusively designed for MSU's veteran students will seamlessly integrate within this centralized support hub. The university seeks $1,000,000 in support of a $4,000,000 construction project. Thus far,the university has secured $2,000,000 in gifts and pledges to support construction for an MIDWESTERN STATE UNIVERSITY A Member of the Texas Tech University System An EEO/ADAAA Compliance Employer and Educator V approximately 11,000 square foot complex in the second floor of the Bridwell Activities Center. As noted below we have also secured an additional $753,740 in scholarship support. Funding for the facility: $1,000,000 received and $1,000,000 pledged from the Bridwell Foundation Funding for Military Education Scholarships: $453,740 received from three local foundations (McCoy, Fain, and Edwards) and one individual. $300,000 pledged from two local foundations (Fain and Edwards). More critically for the purposes of this request, we are requesting $2,840,000 in annual support from the Texas Legislature to provide staffing, faculty training and course development, maintenance and operations, equipment, travel, and information technology support. Of that amount, $1,990,000 would cover salaries and fringe benefits for 25 full-time employees, plus up to 20 student workers and ten adjunct faculty. The salaries for these 25 full-time employees would range from $27,315 to $69,257 per year. We believe this initiative will increase the retention of all MSU students, but it will also strengthen the relationship of two anchor institutions, both of which are significant economic drivers of the Wichita Falls area. MIDWESTERN STATE UNIVERSITY A Member of the Texas Tech University System An EEO/ADAAA Compliance Employer and Educator 1 EXHIBIT D $T pp ,: r;-.'.,x ,e� DEPARTMENT OF THE AIR FORCE o( ".'lti.: AIR EDUCATION AND TRAINING COMMAND T. 7 June 2024 Brigadier General George T.M. Detrich III Commander, 82d Training Wing 419 G Ave Suite 1 Sheppard AFB TX 76311 The Honorable Tim Short Mayor,Wichita Falls 1300 7th Street Wichita Falls TX 76301 Mayor Short As my tenure as the installation commander at Sheppard Air Force Base winds to a close, I am grateful for the incredible support the city and the community provide to our Airmen and our missions. As you know,there are a few core issues the Air Force prioritizes when assessing community support, such as healthcare,spouse employment, and education. Regarding the latter, I am excited about the efforts Dr. Stacia Haynie and Midwestern State University are making to expand support for military members, their families and veterans in our community,and specifically their intent to establish a dedicated Military Education Center. Higher education is important to our mission at Sheppard.As we train the future leaders of our Air Force to face a complex world and threat environment,higher education will help enable them to better solve problems and find creative solutions.Additionally, it can be a challenge for our family members to complete their education as they move from place to place in support of their military member. Midwestern State University's vision of a dedicated Military Education Center focused on helping our members and families succeed will address both issues,and in concert with other community efforts it will make Sheppard Air Force Base a coveted assignment. Not only would it draw active members to Wichita Falls, but I am confident it will draw many retiring and separating veterans back to the area. The City of Wichita Falls supports the base in so many ways, and I hope you and the other city leaders will strongly consider supporting this and other higher education initiatives as well. I am confident these efforts will benefit our people and missions at Sheppard and the community in general. Respectfully GE GE T. . DI ,,TRICH I Brt;.Bier General, USAF Commander, 82d Training Wing CITY COUNCIL AGENDA June 03,2025 ITEM/SUBJECT: Conduct a public hearing and take action on Chapter 26 - Business Regulations, Article IX — Body Art; amending in its entirety; and providing for codification INITIATING DEPT: Health STRATEGIC GOAL: Actively engage and inform the public STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: The Body Art Ordinance sets the standards for those who operate a body art facility and those who want to be a body artist within the city limits. The last substantial update was made in 2006.This is a complete revision.The Health Department is the regulatory authority, and Health Inspectors use this local law to ensure the health and safety of citizens through permitting, inspecting, and enforcement. The proposed ordinance update removes superfluous local regulation of body art establishments by requiring a permit. The Texas Department of State Health Services (DSHS) already permits and inspects establishments. The Health Department will continue to permit individual operators. This was a suggestion of local artists who attended stakeholder meetings held by the Health Department. DSHS does not license individual artists. The apprenticeship program has been removed from the draft ordinance as it was overly burdensome and provided no additional public health and safety benefit. After a comprehensive review of the current ordinance was conducted, a letter was sent to stakeholders regarding the possibility of a revision of the ordinance. The letter asked that they take a survey regarding the current ordinance and possible changes. The letter was hand-delivered to local body art establishments with a QR code linked to the survey. There were 24 responses received; the main feedback was that the current test was outdated, the fees, and that establishments were already permitted by the state. Based on all of the feedback, staff drafted a revision that was discussed at two stakeholders' meetings in January. Staff discussed potential options, including a complete removal of all local requirements. Stakeholders expressed in both meetings that they would still like to be regulated as individuals, but were in favor of removing the duplicative establishment permitting.The proposed ordinance revision was reviewed by the Legal Department and presented to the Board of Health in March. The Board of Health voted unanimously in favor of the proposed ordinance presented by staff, with a recommendation that it move forward to Council for approval. The major changes to the ordinance are as follows: 1) Removes the requirement to have a Body Art Establishment Permit from the PAGE 1 OF 23 PAGES AGENDA ITEM NO.6A Health District. This is a duplicative requirement, as the State of Texas also requires a license and has enforcement authority. 2) Retains the requirement to license individual artists. This is not required by the State of Texas. 3) Removes the requirement for an individual to go through a one-year apprentice program. Having this requirement does not improve public health and safety, but it does create a limited market for those who would like to be a body artist. 4) Removes superfluous wording. Effective Date: July 07, 2025 Staff recommends approval. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ®City Attorney Review ® Interim City Manager Approval PAGE 2 OF 23 PAGES AGENDA ITEM NO.6A Ordinance No. Ordinance taking action on Chapter 26-Business Regulations,Article IX—Body Art; amending in its entirety; 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 Body Art Ordinance to promote and protect the health and safety of all citizens; and WHEREAS, the City Council of the City of Wichita Falls desires to adopt an ordinance that promotes and protects the health and safety of all citizens in the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Chapter 26 - Business Regulations, Article IX — Body Art of the Code of Ordinances of the City of Wichita Falls is hereby amended in its entirety to read as follows: DIVISION 1. GENERALLY Scc. 26 801. Ccncral provisions. Sec. 26 802. Definitions. Sec. 26 803. Exemptions. Scc. 26 801. Public notification rcquircmcnts. Sec. 26 805. Client information and records. Scc. 26 806. Rccords rctcntion. Sec. 26 807. Preparation and care of the body art area. Sec. 26 808. Sanitation and sterilization. Scc. 26 809. Rcquircmcnts for cinglc ucc itcms. Sec. 26 810. Requirements for body art establishment premises. Sec. 26 811. Establishment permit. Scc. 26 812. Operator liccncc. Sec. 26 813. Apprenticeship program. Scc. 26 811. Tcmporary performancc of body art. Sec. 26 815. Additional prohibitions. Sec. 26 816. Suspension or revocation of permits. Scc. 26 817. Enforccmcnt. PAGE 3 OF 23 PAGES AGENDA ITEM NO.6A Secs. 26 818 26 839. Reserved. Sec. 26-801. -General provisions. (a) The purpose of these rules is to protect the health of the public by establishing- Formatted:Indent:Left: 0",Hanging: 0.38" standards for the prevention of disease that may be associated with body art procedures.These rules shall be interpreted and applied to protect the public health. (b) The city adopts by reference the provisions of the current rules or the rules as amended by the State Board of Health found in 25 Texas Administrative Code, §§ 229.401-229.413. (c) No person may cause, suffer, or allow the operation, management, or maintenance of a tattoo and certain body piercing studio and temporary location without a license issued in accordance with these sections. (d) All tattoo and certain body piercing studios and temporary locations shall comply with the minimum standards specified in these sections in addition to the existing standards contained in the Tattoo and Certain Body Piercing Studio Act and the Health and Safety Code, Chapter 431, the Texas Food, Drug, and Cosmetic Act, relating to drugs, devices, and cosmetics, including adulteration and misbranding. {Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26-802. -Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apprentice means a person who is engaged in learning and working in the profession of body art under the direct supervision of a sponsor, and who has a written agreement with thc sponsor providing for his training in accordance with this article. Apprenticeship agreement means a written agreement between a sponsor and an apprentice outlining thc terms of thc apprenticeship. Body art means the practice of physical body adornment, including but not limited to body piercing, tattooing, and cosmetic tattooing. Body art does not include branding and scarification or practices that are considered medical procedures by a state medical board, such as implants under the skin. Body art establishment means any place or premise where body art, whether or not for profit, is performed. Body piercing moons the Breatinn of an opening in an individ lope body other than in an individual's garlobc, to insert jewelry or another decoration. PAGE 4 OF 23 PAGES AGENDA ITEM NO.6A Client means a person who receives a body art procedure on some part of his own body. Contaminated means not sterile or no longer sterile. Contaminated waste means any liquid or semi liquid blood or other potentially c blood or othcr potcntially infectious materials in a liquid or semi liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious materials, ac, defined n 20 Code of Federal Regina+ions oar+ 1o1n 1030 known a n.cupa+ional Exposure to Bloodbornc Pathogens." Cosmetic tattooing means the practice of depositing pigment into the epidermis, utilizing needles, which is either permanent, semi permanent, or temporary by someone othcr than a state licensed physician. Cosmetic tattooing shall also m an thc same a& permanent cosmetics, dermagraphy, micro pigmentation, permanent color technology and micro pigment implantation. Dcpartmcnt m ans thc Wichita Falls Wichita County Public H alth District or itc authorized representatives having jurisdiction to promulgate, monitor, administer and enforce these regulations. Director of Health means the director of the Wichita Falls-Wichita County Public Health District or la-is-their authorized representative. Health District means the Wichita Falls-Wichita County Public Health District or its authorized representatives having jurisdiction to promulgate, monitor, administer, and enforce these regulations. Disinfection means the killing of disease causing microorganisms on inanimate objccts or surfaces. €means au � hin ncluding fixturestainers, yeSSel , tools and appurtenances used in conncction with thc operation of a body art establishment. Hand nl lavatory ed eiith hot nd old later nder pressure, used solely for washing hands, arms or other portions of the body. Instruments means hand pieces, needles, needle bars, hemostats, forceps, pliers, and othcr itcms that may comc in contact with a client's body or po&cible exposure to bodily fluids during body art procedures. Licensee means a person who holds a license issued under this article. Operator means any person who controls, operates, manages, conducts, performs, or practices body art activities. PAGE 5 OF 23 PAGES AGENDA ITEM NO.6A Permit means written approval by the department to operate a body art establishment. Approval is givcn in accordancc with these rcgulations and is separate from any other licensing requirements that may exist. Permittee means a person who holds a permit issued under this article. Pcrson mcans a natural person, any form of businccs or social organization and any other non governmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust, or unincorporated organization. Proccdurc surface mcans any work arca or any surface that comcs in contact with any part of the client's unclothed body. Sanitize means to treat a surface using a product registered with the United Statc: Environmcntal Protcction Agcncy which has bccn approvcd by thc department as bcing cffcctivc in rcducing thc number of microorganisms to a safe level. Sharps means any objcct that may purposefully or accidentally cut or pcnctratc thc skin or mucosa including, but not limitcd to, nccdlcs, scalpel bladcs, and razor bladcs. Sharps container means a puncture resistant, leak proof container that can be closed for handling, storagc, transportation, and disposal and that is labcicd with thc International Biohazard Symbol. Single use means articics intcndcd for onc time,onc person usc and which arc to be discardcd aftcr such usc including, but not limitcd to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves. Sponsor mcans a licensed body art operator who is approvcd to conduct apprcnticcship training in accordancc with this article and who assumes full responsibility for any apprentices. Sterilization mcans dcstruction of all forms of microbiotic lifc, including spores. Tattoo means the practice of producing an indelible mark or figure on the human body by scarring or inscrting a pigmcnt undcr thc skin using nccdlcs, scalpcls, or othcr rclatcd cquipmcnt. The term also mcans thc indelible mark or figurc itsclf, and includcs thc application of permancnt cosmetics. Undcr direct supervision of a physician mcans a person cmploycd by and working in the office or clinic of a physician, where the treatment being performed is ordered by a physician. (Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26-8033.� Exemptions. (a) This article does not apply to: Formatted:Indent:Left 0",Hanging: 0.38" (1) A medical facility licensed under other law or procedures performed in that- Formatted:Indent:Left: 0.31",Numbered+Level:1 + facility; Numbering Style:1,2,3,...+Start at:1 +Alignment: Left+Aligned at: 0.55"+Indent at: 0.8" PAGE 6 OF 23 PAGES AGENDA ITEM NO.6A ZL(2) An office or clinic of a person licensed by the Texas State Board of Medical Examiners or procedures performed in that office or clinic; L(3) A person who performs only ear piercing; or 4) ('I) A facility in which only ear piercing is performed. ' Formatted:Indent:Left: 0.31°,Numbered+Level:1 + {Ord. No. 11 2012, § 1, 3 6 2012) Numbering Style:1,2,3,...+Start at:1 +Alignment: Left+Aligned at: 0.55"+Indent at: 0.8" Sec. 26-804.—Establishment permit. (a) No person may operate a body art establishment unless they have received a body' Formatted:Indent:Left 0°,Hanging: 0.38" art establishment permit from the State. (b) State permits shall be prominently displayed in the body art establishment and shall' Formatted:Indent:Left: 0°,Hanging: 0.38" not be defaced or altered in any manner. (c) The holder of a State body art establishment permit shall only permit the performance of body art in the establishment by operators who have complied with the bloodborne pathogen training requirements. (d) The holder of a State body art establishment permit shall only permit the performance of body art in the establishment by operators who hold a current, valid operator's license from the Health District Formatted:Justified,Indent:Left 0" Sec. 26 804. Public notification requirements. (a) Every operator shall give all verbal and written public educational information approvcd by thc dcpartmcnt to cvcry clicnt wanting to rcccivc a body art proccdurc. (b) Upon completion of a body art procedure, the operator shall provide verbal and written instructions, as approvcd by thc dcpartmcnt, to cach clicnt for thc carc of thc body art proccdurc sitc. Thc writtcn instructions shall advisc thc clicnt to consult a physician at the first sign of infection and shall contain the name, address and phone numbcr of thc cstablishmcnt. Thcsc documcnts shall be signcd and datcd by both the operator and the client. A copy shall be given to the client and the operator shall retain the original with all other required records. (c) All cstablishmcnts shall promincntly display a disclosurc statcmcnt, providcd by thc art scrviccs.Thc facility permit holdcr shall also post in public vicw thc namc,addrea., procedure for filing a complaint. The disclosure statement and the notice for filing a complaint shall be provided in writing to each client. {Ord. No. 11 2012, § 1, 3 6 2012) PAGE 7 OF 23 PAGES AGENDA ITEM NO.6A Sec. 26 805. Client information and records. (a) Prior to performing body art on a client,the operator shall require the client to present a valid, government iscucd, positive identification card including, but not limited to a driver's license, passport, or military identification. A copy of the provided identification shall be contained in the client file. The identification must contain a photograph of thc individual and a printcd date of birth. (b) Prior to performing body art on a client, the operator shall obtain a verbal or written statement as to whether the client falls within one or more of the following risk group catcgorics: {1) The client has a history of jaundice or hepatitis; {2) The clicnt has a history of AIDS, or has had a positive HIV tcst; {3) The client has a history of skin disease or skin cancer at the proposed site of the body art; other sensitivities; {5) The client is taking medications which interfere with blood clotting, such a& anticoagulants,which thin thc blood; or {6) The client has a history of hemophilia. (c) The operator shall then ask client to disclose verbally or in writing any other known medical condition or history that could influence or impair thc h aling procc&c. (d) The client shall sign a written statement, also signed by the operator, that the information provided regarding risk group catcgorics and known medical condition& and history is truc and complete to thc client's best knowledge and ability. (e) Each operator shall keep a record of each body art procedure performed to include: {1) Namc, addre&c, and telephone numbcr of thc clicnt; {2) Client's age, date of birth and copy of identification provided to the establishment; {3) The date the procedure was performed; {1) Namc of operator who performcd thc procedure; {5) The area of the body where the procedure was performed; {6) The signature of client. (f) If thc clicnt is a minor, thc parcnt, managing conservator or guardian must be physically present during any body art procedure.The parent, managing conservator or guardian must cxccutc an affidavit stating that thc person is thc parcnt, managing iator o ardian of the individual o eihom the body or+ is being performed; and must provide written and notarized consent by the individuals parent, managing conservator or guardian which shall contain: {1) The full name, address, and telephone number of the client; PAGE 8 OF 23 PAGES AGENDA ITEM NO.6A (2) The full name addres, and telephone number of the parent, managing conservator or guardian; (3) The area of the body and the specific body art proccdurc for which content i& granted; and (1) The signature of thc minor and thc signature of thc parent, managing conservator, or guardian. (Ord. No. 11 2012, § 1, 3 6 2012) Scc.26 806. Records retention. (a) The following information shall be kept on file on the premises of a body art e tabu ent for � „f three years,nd shr,ll „he readil ��r inspection by thc department: (1) The identification of each operator in the establishment, including the following information: a. Full namc; b. Date of birth; c. Gender; d. Homc addre&c; c. Homc and work phone numbers; f. Identification photo; and g. Duties. (2) The name of the establishment,the hours of operation,and the proprietor's name and addre&c. (3) A complete description of all body art procedures performed, including the clients'files and, for a tattoo procedure, the specific color(s) applied, and, when availablc, thc manufacturer or cataloguc idcntification numbcr of ach color. (1) A full inventory(including the manufacturer and serial or lot numbers, if available or applicable)for the following items: a. Instruments; b. Body jewelry; c. Sharps; and d. Inks used for body art procedures. (5) A copy of these regulations. {6) Rccords rcgarding ach cmploycc that show one of thc following: a. Proof that the cmploycc has completed the Hepatitis B vaccination series; PAGE 9 OF 23 PAGES AGENDA ITEM NO.6A b. A statement that the employee was offered and declined in writing the Hcpatitis B vaccination scrics; c. A statement that antibody testing has revealed that the employee is immune to Hepatitis B; or d. A datcd and signcd physician's statcmcnt spccifying that thc Hcpatitis B vaccination series is contraindicated in a particular employee for medical reasons. (b) Clicnt rccords shall bc confidcntial. (Ord. No. 11 2012, § 1, 3 6 2012) See. 26 °^�. RFeparation and care-of the rt area. (a) Bcforc performing a body art proccdurc, thc skin and surrounding arca whcrc thc body art procedure is to be placed shall be washed with antimicrobial soap, or if appropriatc thc clicnt shall bc providcd iodine with which to cleanse the area, and any washing pad shall bc discardcd aftcr use on a singlc clicnt. (b) If shaving is necessary, disposable razors or safcty razors with singlc use bladc: shall be utilized.Single use blades shall be discarded after each use and the reusable surrounding area will be washed with antimicrobial soap and the washing pad shall be discarded after a single use. (c) If thc skin of thc clicnt is not frcc of rash, infcction, or any othcr visiblc pathological condition, no body art procedure may be performed. No person affected with boils, infcctcd wounds, opcn sores, abrasions, cxudativc lcsions, acutc respiratory infection, nausea, vomiting, fever or diarrhea shall receive a body art procedure until such condition is resolved or documentation is presented to the operator to assure that thcrc is not a likclihood of discasc contagion. (d) In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be single use and disposed of immediately after use. {Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26 808. Sanitation and sterilization. Formatted:Tab stops: 4.01",Left (a) The operator shall maintain a high degree of personal cleanliness, conform' Formatted:Indent:First line: 0.2" to hygicnic practiccs, and wcar cican clothcs whcn performing body art proccdurcs. Before performing body art procedures,the operator must thoroughly wash his hand: in hot running water with liquid antimicrobial soap, and then rinse hands and dry with disposablc paper towcls. This shall also bc donc as oftcn as ncccscary to rcmovc contaminants. (bb\ or hod y ar+ ocedures the op for chalk r disposablo edical glovcs. The glovcs shall bc discardcd aftcr thc complction of cach proccdurc on an individual client, if not more frequently. PAGE 10 OF 23 PAGES AGENDA ITEM NO.6A (c) If, while performing a body art procedure, the operator's glove is pierced, torn, or otherwise contaminated, thc proccdurcs in subsections (a)and (b)shall bc rcp atcd immediately.The contaminated gloves shall be immediately discarded and thc hands- washed thoroughly before a fresh pair of gloves are applied. Any item or instrument used for body art which is contaminatcd during thc procedure shall bc removed and replaced immediately with new ones before the procedure resumes. (d) Sharps ready for disposal shall be disposed of in approved sharps containers. (c) Contaminated waste which may rel ace liquid blood or body fluids when compresced release dried blood r body fluids when handled is+ he planed approved red bag marked with thc international biohazard symbol. It shall then be disposed of by a waste hauler approved by thc department. (f) Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through approved disposal mcthods. Storage of contaminated waste on site shall not exceed the period specified by the department or more than a maximum of 30 days. (g) The skin of thc operator shall bc free of rash, infcction, or any othcr visible pathological condition. No person affected with boils, infected wounds, open sores, abrasions, exudative lesions, acute respiratory infcction, naus a, vomiting, or diarrhea shall a ork i of a body art es+ahlshmen+in city (h) All non disposable instruments used for body art shall be cleaned thoroughly after ach use by scrubbing with an antimicrobial soap solution and hot water or with an approved disinfectant to remove blood and tissue residue, and then placed in an i ultrasonic i nit which will he o rated in ordance with m „factur'cr's instructions. A copy of the manufactur'cr's rccommcndcd proccdurcs for operation of the unit must be readily available for inspection on the premises by employees and by the department. individually in paper peel packs and sterilized. All paper peel packs shall contain either a sterilizer indicator or internal temperature indicator. Paper peel packs must be dated and initialed by the individual responsible for cleaning and sterilizing en+ with a ration date notto exceed 30 days. Sterile equipment may not be used after thc expiration date without repackaging and resterilizing. (j) All non disposable instruments used for body art shall be sterilized in an autoclave or in a dry heat sterilizer if approved by the department. The sterilizer shall be used, or's instruction. A copy of thc manufacturer's recommended procedures for thc operation of their sterilization unit must be readily available for inspection on the premises by employees and by the department. (k) A permittee shall demonstrate monthly that the sterilizer used is capable of attaining independent laboratory at I ast once per y ar. No permit shall bc i&cued or renewed until the department receives documentation of the sterilizers ability to destroy PAGE 11 OF 23 PAGES AGENDA ITEM NO.6A nnonthl„ test r ords and laboratory rifica+inn shall he retainer! by +he operator for a period of thrcc years and madc available to thc department upon cqucot. (I) After sterilization, the instrument used for body art shall be stored in a dry, clean cabinct or othcr tightly covcrcd sanitizablc containcr rcscrvcd for thc storage of such instruments. (m)All instruments used for body art shall remain stored in sterile packages until just prior performing body art procedures, the operator shall wcar disposable medical gloves- and use techniques to ensure that thc instruments and gloves are not contaminated. (n) All inks, dycs, pigmcnts and sharps shall bc specifically manufacturcd for performing body art n edurec nd droll n+ he adulterated ntaminated Immediately before applying a tattoo, thc quantity of thc dyc to bc used for thc tattoo shall bc transfcrrcd from thc dyc bottic and placcd into stcrilc,singlc use paper cups or plastic caps. Upon completion of the tattoo, these singlc cups or caps and thcir content shall be discarded. (o) Smoking, cating, or drinking is prohibitcd in thc arca where body art is performcd. (Ord. No. 11 2012, § 1, 3 6 2012) Scc. 26 809. Requirements for singlc use itcms. (a) Singlc usc prc stcrilizcd itcms shall cxpirc in accordance with thc manufacturer expiration datc. All paper pccl packs shall contain cithcr a sterilizer indicator or internal tcmperaturc indicator. Paper pccl packs must bc datcd and initialcd by thc individual rcsponsiblc for cicaning and stcrilizing cquipmcnt, with an cxpiration datc rye+tn exceed 0 days. Szterile eg; rren a usedaf er+T a rye without rcpackaging and rcstcrilizing. (b) Single use items shall not be used on more than one client for any reason.After use, all singlc usc needles, razors, rubbcr bands and other sharps shall be immediately disposcd of in approved sharps containcrs. (c) All body art stencils shall be single use and disposable. Petroleum jellies, soaps and other products used in the application of stencils shall be dispensed and applied on thc arca to bc tattooed with stcrilc gauzc or in a manner to prcvcnt contamination of +the original intaine,i-nd its-contents.Thheg'rn-ruze shall he i ed only n nd then discarded. {Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26 810. Requirements for body art establishment premises. (a) All walls,floors, and procedure and seating surfaces of a body art establishment shall bc of such construction as to bc cosily cicancd and sanitizcd aftcr each clicnt.Walls, floors, and procedure and seating surfaces shall be smooth, non absorbent, free of open holes or cracks, light colored, washable, and in good repair. Walls, floors, PAGE 12 OF 23 PAGES AGENDA ITEM NO.6A procedure and seating surfaces and ceilings shall be maintained in a clean condition. Proccdurc and coating surfaccs shall bc sanitizcd aftcr cach clicnt. (b) Effective measures shall bc takcn by thc body art operator to protcct thc cntrancc rodcnts,and othcr pcsts. Insccts, rodcnts, and othcr posts shall not bc prcscnt in any part of the establishment. Insects, rodents, and other pests shall be controlled to minimize their presence: {1) Within thc physical facility and its contcnts; and {2) On the contiguous land or property under the control of the permitee. (c) The presence of insects, rodents, and other pests shall be controlled by: {1) Routincly inspccting incoming shipmcnts of supplics; arc found, such as trapping dcviccs or other means of pest control; and eliminating harboragc conditions. (d) Dead r trapped birds ectc rodeotc nd other posts shall ho ed from control dcviccs and thc prcmiscs at a frcqucncy that prcvcnts thcir accumulation, decomposition, or the attraction of pests. (e) Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall bc: (1) Stored so they do not contaminate equipment, utensils, linens, and single use articics; and {2) Storcd in an ordcrly manncr that facilitatcs cicaning of thc arca uscd for storing the maintenance tools. (f) The premises shall be free of litter and items that are unnecessary to the operation or maintcnancc of thc cstablichmcnt such as cquipmcnt that is nonfunctional or no longer used. (g) No animals of any kind shall bc allowcd in a body art cstablishmcnt cxccpt: (1) Animals trained and actively used to assist persons with physical disabilities, {2) Governmental agency police dogs accompanying police officers, {3) Scntry dogs running loosc in outsidc fcnccd arcas, and (0I) Fish in aquariums in waiting rooms and nonprocedural areas. (h) Thcrc shall bc a minimum of 75 squarc fcct of floor spacc for cach operator in thc cstablishmcnt, and body art stations shall bc scparatcd by dividcrs, curtains or partitions. Each establishment shall have an area which may be screened from public vicw for clicnts rcqucsting privacy. (i) The establishment shall be well ventilated and equipped with an artificial light source cquivalcnt to at (cast 20 foot candlcs, mcasurcd thrcc fcct off the floor, for cleaning. At(cast 100 foot candlcs shall bc providcd at the Icvcl whcrc thc body art proccdurc is being performed, and where instruments and sharps are assembled. PAGE 13 OF 23 PAGES AGENDA ITEM NO.6A (j) All body art establishments shall be completely separated by solid partitions or by any othcr such activity which may cause potential contamination of work surfaces. (k) Outer openings of a body art establishment shall be protected against the entry of insects and rodcnts by: {1) Filling or closing holes and other gaps along floors, walls and ceilings; {2) Closed, tight fitting windows; and {3) Solid self closing, tight fitting doors, cxccpt that doors designed for cmcrgcncy exit only and which activate a security alarm when opcncd nccd not bc self closing. office building, or into an attached structure, such as a porch, and thc outcr openings- from the larger or attached structure are protected against the entry of insects and rodents as per subsection (k), this shall bc dccmcd to comply with subscction (k). (m) If the windows or doors of a body art establishment, or of a larger structure within purposes, the openings shall be deemed to comply with subsection (k) if they are protected against the entry of insects and rodents by: {1) Sixtccn mcsh to 25.'I millimeters (16 mcsh to one inch)screens; or (2) Properly designed and installed air curtains or other effective means. (n) The perimeter walls and roof of a body art establishment shall effectively protcct thc supplied with liquid antimicrobial soap and disposable paper towels, shall be readily accc ciblc within thc body art cstablishmcnt for each operator. In addition,thcrc chali be at least one lavatory, excluding any service sinks, and one toilet in a body art establishment. (p) At least one covered waste receptacle and one sharps receptacle shall be provided in each operator area and one covered waste receptacle shall be provided in each toilet room. Receptacles in thc operator arca shall bc cmpticd daily and solid waste shall be removed from the premises at least twice weekly.All refuse containers shall be lidded and Lent clean and all bin hazard items droll be a ately marker) (r) If reusable cloth items are used, they shall be mechanically washed after each client. Soiled cloth items shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and storcd and transported to prevent contamination of clean equipment, clean instruments, and single use articles. Reusable cloth items shall be mechanically washed with dctcrgcnt and dricd. Clean cloth itcms shall bc stored in a dry, clean environment until used. (Ord. No. 11 2012, § 1, 3 6 2012) PAGE 14 OF 23 PAGES AGENDA ITEM NO.6A Sec. 26 811. Establishment permit. (a) No person may operate a body art establishment unles he has received a body art cstablichmcnt permit from thc dcpartmcnt. (b) A permit shall expire one year from the issuance of the permit.Any person operating a body art establishment shall obtain a mit from the department a ally (c) Any person applying for a body art cstablichmcnt permit shall submit a scale drawing and floor plan of the proposed establishment for a plan review by the department as- part of the original permit application proccGc. Permit renewals must be accompanied by such a drawing if thc floor plan changes from thc plan submitted with thc original application. (d) A permit for a body art cstablichmcnt shall not be transferable from one place or person to another. (e) Permits shall be prominently displayed in the body art establishment and shall not be defaced or altered in any manner. (f) The holder of a body art establishment permit shall only permit the performance of body art in the establishment by operators who have complied with the operator license or apprenticeship program requirements of this article. (Ord. No. 11 2012, § 1, 3 6 2012) {a) Sec. 26 812. Operator license.Sec. 26-805. Operator License. (a) It shall be unlawful for a person to practice body art procedures without first ' Formatted:Indent:Left -0.03",Hanging: 0.41",Space obtaining an operator's license from the Health District. The available licenses are Before: 0 pt,After: 6 pt,Line spacing: single, as follows: Numbered+Level:1 +Numbering Style:a,b,c,...+ Start at:1 +Alignment:Left+Aligned at: 0.25"+ 1) Tattoo Operator ' Indent at: 0.53" 2) Body Piercing Operator Formatted:Space Before: 0 pt,After: 6 pt,Line spacing: single,Numbered+Level:2+Numbering 3) Micropigmentation Operator Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned (b) Prior to the issuance of an operator's license, applicants must: at: 0.75 +Indent at: 1 Formatted:Indent:Left -0.03",Hanging: 0.41",Space 1) Submit an application, Before: 0 pt,After: 6 pt,Line spacing: single, 2) Provide a valid certificate of training from an approved bloodborne Numbered+Level:1 +Numbering Style:a,b,c,...+ pathogen training program, Start at:1 +Alignment:Left+Aligned at: 0.25"+ Indent at: 0.53" 3) Provide proof of completed Hepatitis B vaccination series, a statement Formatted:Space Before: 0 pt,After: 6 pt,Line that the operator declines the Hepatitis B vaccination series, a statement spacing: single,Numbered+Level:2+Numbering that antibody testing has revealed that the employee is immune to Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.75"+Indent at: 1" PAGE 15 OF 23 PAGES AGENDA ITEM NO.6A Hepatitis B, or a signed physician's statement specifying that the Hepatitis B vaccination series is contraindicated for medical reasons. 4) Pass an exam approved or given by the Health District. Applicants who have prior licensure from another jurisdiction may request reciprocity from the Director of Health. (c) Operators' licenses shall be valid from the date of issuance and shall expire Formatted:Indent:Left -0.03°,Hanging: 0.41°,Space annually at the anniversary of the date of issuance unless revoked sooner by the Before: 0 pt,After: 6 pt,Line spacing: single, Health District. Numbered+Level:1 +Numbering Style:a,b,c,...+ Start at:1 +Alignment:Left+Aligned at: 0.25"+ Indent at: 0.53" Sec. 26-806. -Temporary performance of body art. Formatted: No bullets or numbering (a) The Health District may grant a temporary body art license to a person Formatted:Indent:Left 0°,Hanging: 0.38°, No rather than requiring that person to obtain a body art operator license under the bullets or numbering following circumstances: 1) The applicant for a temporary body art license has been qualified by another Formatted:Numbered+Level:1 +Numbering Style: jurisdiction to perform body art, and that the requirements to be so qualified 1,2,3,...+Start at:1 +Alignment:Left+Aligned at: by that jurisdiction are commensurate with those for a body art operator 0.75"+Indent at: 1" license under this article; 2) The applicant for a temporary body art license is sponsored by a body art Formatted:Numbered+Level:1 +Numbering Style: operator licensed under this article; 1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.75"+Indent at: 1" 3) The applicant will be performing body art only at a permitted body art establishment or permitted temporary body art establishment; 4) The temporary body art license shall be good for a period of no longer than 14 days; and 5) The Director of Health is satisfied that the circumstances under which the applicant for a temporary body art license will perform body art conform to the requirements of this article and state law. (b) In determining whether the issuance of a temporary body art license is- Formatted:Indent:Left 0°,Hanging: 0.38°, No appropriate, the public health and safety shall be the primary concern of the Health bullets or numbering District. Nothing in this section shall be construed as requiring the Director of Health to issue a temporary body art license. (c) Any person making application for a temporary body art license shall provide any and all such information as the Health District may deem necessary to assist in the determination of whether the issuance of the license is appropriate. (a) It shall be unlawful for a person to practice body art procedures without first obtaining a license from the director. The director shall determine by investigation whether the applicant is a proper person to receive a license. If the director shall find that the applicant is not sufficiently skilled in thc practice of body art, has bccn guilty of negligence or misconduct therein to such extent that the h alth or safety of persons- serviced by him would be endangered, or is not over the age of 18, the director shall refuse to approve thc licence. The available licences arc: PAGE 16 OF 23 PAGES AGENDA ITEM NO.6A (1) Tattoo operator; Formatted:IistO (3) Body piercing operator. (b) The director shall issue the license required under this division for a period of one y ar from thc date of approval. Thc license may bc renewed from y ar to y ar upon the filing of a renewal application, and upon payment of a renewal fee. (c) The operator license shall be valid from the date of issuance and shall automatically expire annually at thc anniversary from thc date of i&cuance unlc&c revoked sooner by the department. (d) An application for an operator license shall include: (1) Name; Formatted:IistO (2) Date of birth; (3) Scx: (II) Residence; (5) Mailing address: (6) Homc phonc numbcr; (7) Place(s)of employment as an operator; (8) Training and experience; and approved by thc department. (e) Knowledge of facility safety, anatomy, infectious disease control, and skin diseases, disorders and conditions shall bc demonstrated through cubmi&cion of documentation of completion of courses or successful completion of an examination {&cuance of thc operator license. Thc department will maintain a list of courses. approved for this purpose. Training provided by profes—ional body art organization or a&cociations or by equipment manufacturers may also bc submitted for consideration to comply with this requirement. The director shall make the final determination as to whether an applicant's training, coursework, or examination suitably demonstrates thc required knowledge. (f) No operator license shall be issued unless the body art operator has demonstrated compliance with the provisions of this section and all other provisions of this article. (g) All operator licenses shall bc conditioned upon continucd compliance with thc provisions of this section as well as all applicable provisions of this article. (h) An operator license shall bc posted in a promincnt and conspicuous ar a where clients may readily observe it. (Ord. No. 11 2012, § 1, 3 6 2012) PAGE 17 OF 23 PAGES AGENDA ITEM NO.6A Sec. 26 813. Apprenticeship program. (a) A person interested in learning the profession of body art may make application to thc dircctor for a body art apprcnticc liccnsc.An application for a body art apprcnticc license shall contain: {1) Name; {2) Datc of birth; (3) Sex: 0) Rcsidcncc; (5) Mailing address: (6) Home phone number; approvcd by the department; (8) An apprenticeship agreement, signed by both the sponsor and the person applying to bc an apprcnticc; and (9) Proof of the completion of any other requirements the director shall deem necessary prior to allowing the person to become an apprentice. (b) An apprcnticcship agrccmcnt shall not bc sufficicnt for thc purposcs of this articic Unless it contains: (2) All locations where the apprentice will participate in training; (3) The duration of the apprenticeship, to be for a period of at least one year; apprcnticc will bc an cmploycc or an independent contractor; (5) A statement that both the apprentice and the sponsor agree to comply with all applicablc statc and local laws rcgarding body art. (c) No body art operator shall sponsor more than two apprentices at any given time. (d) When performing body art, an apprentice will clearly identify himself to the client and have the client sign a writtcn ctatcmcnt dcmonstrating thc clicnt's awarcnccc that thc body art procedure will be performed by an apprentice. (c) The dircctor is authorizcd to promulgatc such rulcs as shall bc rcasonablc and necessary to carry out a body art apprenticeship program. {Ord. No. 11 2012, § 1, 3 6 2012) PAGE 18 OF 23 PAGES AGENDA ITEM NO.6A Sec. 26 814. Temporary performance of body art. (a) The director may grant a temporary body art license to a person rather than requiring that person to obtain a body art operator liccnsc undcr thc following circumstances: {1) The director has dctcrmincd that thc applicant for a tcmporary body art license hoc boon alified bpi o other i ionictinn to erform body art nd that the requirements to bc so qualified by that jurisdiction arc commensurate with those for a body art operator license under this article; {2) The applicant for a tcmporary body art license is sponsored by a body art operator licensed undcr this articic; (3) The applicant will be performing body art „nl„ at a rmitteG1 bed„ art establishment where thc sponsoring licensed body art operator is presently employed; (0I) The temporary body art license shall be good for a period of no longer than 1'1 days; and (5) The director is satisfied that the circumstances under which the applicant for a temporary body art license will perform body art conform to the requirements of this articic and state law. (b) In determining whether the issuance of a temporary body art license is appropriate, the public health and safety shall be the primary concern of the director. Nothing in this scction shall bc construcd as requiring thc dircctor to iccuc a tcmporary body art license. (c) Any person making application for a temporary body art license shall provide any and determination whether the issuance of the license is appropriate. {Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26 815. Additional prohibitions. ,(a) It shall be unlawful for any person to perform any body art procedure upon a person Formatted:Font:12 pt,Font color:Text 1 a parcnt, managing conscrvator or guardian. Nothing in this scction is intcndcd to require an operator to perform any body art procedure on a person under 18 years of agc cvcn with thc consent of a parcnt, guardian or managing conscrvator. It shall bc Unlawful for any person to tattoo upon a person undcr thc agc of 18 years, rcgardlcc,%, of parental consent, except in accordance with V.T.C.A., Health and Safety Code § 1'16.012 as amended. (b) It shall be unlawful to perform body art on a person who the operator has reason to suspect is under the influence of alcohol or drugs. (c) It shall bc unlawful to perform, own, operate, or solicit businccc as a body art establishment, or operator without first obtaining all ncccscary permits, licenses and approvals from the department. PAGE 19 OF 23 PAGES AGENDA ITEM NO.6A (d) It shall be unlawful to obtain or attempt to obtain any body art establishment permit or operator liccnsc by means of fraud, misrepresentation, or concealment. (e) It shall be unlawful to perform upon a person branding,scarification,or implants under the skin, unless the procedure is considered a medical procedure by a state medical board and is performcd by a licensed physician. (f) Temporary body art establishments, events, and mobile units are not allowed. (g) It shall be unlawful for any person to perform body art procedures unless such procedures arc performcd in a body art establishment with a currcnt permit. (Ord. No. 11 2012, § 1, 3 6 2012) / Formatted:Font:12 pt,Font color:Text 1 Sec. 26 816. Suspension or revocation of permits. (a) Pcrmits and licenses isvucd undcr the provisions of this articic may bc suspended by the department for failure of the holder to comply with the requirements of this article. (b) Whenever a permit or license holder has failed to comc into compliance with 'chic articic after rcccipt of a noticc isvucd informing him of his failure to comply with thc requirements of this article, he must be notified in writing that thc permit or liccnsc is- immediately suspended. The notice must also contain a statement informing the permit or liccnsc holdcr that an opportunity for a h aring will bc provided if a writtcn request for a hearing is filed with the department within ten days. (c) Any person whose permit or license has been suspended may, at any time, make writtcn rcqucst for reinstatement of thc permit or liccnsc. Such application shall include a statement signed by the applicant that in his opinion the conditions causing thc suspension have bccn corrcctcd. Within tcn days following rcccipt of a writtcn request, the department shall reinspect the body art establishment or evaluate documentation provided by the permittee or licensee. If the director determines that thc applicant is complying with thc provisions of this articic, thc permit or liccnsc will be reinstated. (d) For serious or repeated violations of any of the requirements of this article or for interference with thc dcpartmcnt in thc performance of its dutics,thc permit or liccnsc may be permanently revoked after an opportunity for a hearing has been provided by the department. Before taking such an action, the department shall notify the permit or liccnsc holdcr or operator in writing, stating thc reasons for which thc permit or license is subject to revocation and advising the permit or license holder or operator of the requirements for filing a rcqucst for a hcaring. A permit or liccnsc may bc cuspcndcd for cause, pcnding its revocation or a hcaring relative thcrcto. (e) The department may permanently revoke a permit or license after ten days following ccrvicc of thc noticc unlccc a rcqucst for a hcaring is filed with thc dcpartmcnt by thc permit or license holder within ten days of notice. (f) A notice as required in this subdivision is properly served when it is delivered to the holdcr of the permit or liccnsc or when it is scnt by a registered or ccrtificd mail, rcturn PAGE 20 OF 23 PAGES AGENDA ITEM NO.6A receipt request, to the last known address of the holder of the permit or license. A copy of thc noticc shall bc filed in thc rccords of thc dcpartmcnt. (g) The hearings provided for in this section will bc conductcd by thc dircctor at a timc and place designated by thc dcpartmcnt. Based upon thc rccord of thc hcaring, thc dircctor shall make a finding and may sustain, modify, or rescind any official noticc or order considered in the hearing. The department within 20 days will furnish a written .sport of thc hcaring decision to thc permit or license holder. (h) Other licensing authorities will bc notified by thc dcpartmcnt of thc revocation of any permit or license. (Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26-8074-7. -Enforcement. (a) Complaint investigations may be conducted as often as necessary during a body art- Formatted:Indent:Left: -0.03",Hanging: 0.41", establishments normal working hours or by appointment at non-working hours Numbered+Level:1 +Numbering Style:a,b,c,...+ throughout the year to ensure compliance with this article. Start at:1 +Alignment:Left+Aligned at: 0.25"+ Indent at: 0.53" (b) (a) It shall be a class C misdemeanor punishable by a fine not to exceed $2,000.00 for any violation of or failure to perform any duty required by this article. (c) If any person is found guilty of having violated any provision of this chapter, any license held by such person may be suspended or revoked as provided in this chapter. J(-) It is unlawful for any person to interfere with the department or its agents in the- Formatted:Indent:Left 0°,Hanging: 0.38" performance of its duties. (d) A copy of the inspection report must be furnished to the permit holder of the body art establishment, with thc dcpartmcnt retaining pocsccsion of thc original. (e) If, after investigation, the director should find that a permittee or licensee is in violation of this article, he may, as an alternative to suspension or revocation, advise licensee to take specific steps to correct such violations within a period of time not to exceed 30 days. (d) If, during the course of a complaint investigation, the operation of the body art establishment constitutes an imminent hazard to public health, the Health District may offer the owner or manager of the body art establishment the choice to voluntarily close. Voluntary closure must last until the imminent hazard has been resolved, and a facility may not reopen until cleared by the Health District. If thc dircctor has reason to suspect that a communicable disease may bc- Formatted:Indent:Left 0.38",First line: 0" transmitted by an operator, use of unapproved or malfunctioning equipment, or unsanitary or unsafe conditions, the director upon written notice to the licensee or permitcc, is authorized to take any or all of thc following actions: PAGE 21 OF 23 PAGES AGENDA ITEM NO.6A (1) Issue an order stating the cause for the action and restricting any or all operators-- Formatted:Indent:Left 0°,Hanging: 0.38" from thc body art establishment and from performing any body art proccdurc unti' the director determines there is no further risk to public health. (f) License Suspension 1) The Health District may, without warning, notice, or hearing, suspend any Formatted:Indent Left 0.75°,Hanging: 0.25" body art operator license if the operator constitutes an imminent hazard to public health. Suspension is effective upon service of the written notice required by this subdivision. The Health District may end the suspension at any time if the reason for suspension no longer exists. 2) Whenever a license is suspended, the licensee shall be notified in writing that the license is, upon service of the notice, immediately suspended. An opportunity for a hearing will be provided if the licensee files a written request with the Director of Health within ten days of receipt of written notice of suspension. Whenever a license is suspended and a request for a hearing is made, the licensee shall be afforded a hearing within ten days of the receipt by the regulatory authority of a request for a hearing. If no written request for a hearing is filed within ten days, the suspension is sustained. The Health District may end the suspension at any time if reasons for suspension no longer exist. (q) License Revocation Formatted:Indent Left 0",Hanging: 0.38" 9 9� 1) The Health District may, after providing an opportunity for a hearing, revoke' Formatted:Indent:Left: 0.75°,Hanging: 0.25" a body art operator's license for serious or repeated violations of any of the requirements of this ordinance or for interference with the Health District in the performance of its duties. Prior to revocation, the Health District shall notify the licensee, in writing, of the reason for which the license is subject to revocation. The license shall be revoked at the end of ten days following service of such notice unless the licensee files a written request for a hearing with the Director of Health within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the license becomes final. 2) A license holder is not eligible to reapply for an operator's license for 60 days following the revocation of a license. (2) l&cuc an order stating thc causc for thc action and immcdiatcly suspcnding thc' Formatted:Indent:Left 0°,Hanging: 0.38" permit of the body art establishment until the director determines there is no further risk to the public health. (g) Nothing in this articic shall be construcd to rcquirc an operator to perform any body art procedure upon a client. (h) Nothing in this article shall be construed to require an operator to perform any body art procedure upon a client. PAGE 22 OF 23 PAGES AGENDA ITEM NO.6A {Ord. No. 11 2012, § 1, 3 6 2012) Sec. 26-808.—Service of Notice; Conduct of Hearings (a) A notice as required in this ordinance is properly served when it is delivered to the - Formatted:Font:12 pt,Font color:Auto operator or when it is sent by registered pr certified mail, return receipt requested, Formatted:Font:12 pt,Font color:Auto to the last known address of the operator. Formatted:Font:12 pt,Font color:Auto (b) A copypf the notice shall be filed in the records of the Health District. The Health Formatted:Indent:Left o,Hanging: 0.38" Districtshall conduct the hearings provided for in this ordinanceat a time and place designated by the Director of Health. Based upon the recorded evidence of Formatted:Font:12 pt,Font color:Auto such hearing, the Director of Healthshall make final findings and shall sustain, Formatted:Font:12 pt,Font color:Auto modifyyor rescind any notice or order considered in the hearing. The Health 'Formatted:Font:12 pt,Font color:Auto Districtshall furnish a written report of the hearing decision to the holder of the Formatted:Font:12 pt,Font color:Auto license. Formatted:Font:12 pt,Font color:Auto Secs. 26-8094-8-26-839. -Reserved. Formatted:Font:12 pt,Font color:Auto Formatted:Font:12 pt,Font color:Auto 2.This ordinance modifying Chapter 26,Article IX, including enforcement sections, Formatted:Font:12 pt,Font color:Auto shall go into effect on July 07, 2025. Formatted:Font:12 pt,Font color:Auto PASSED AND APPROVED this the 3rd day of June, 2025. Formatted:Font:12 pt,Font color:Auto Formatted:Font:12 pt,Font color:Auto Formatted:Font:12 pt,Font color:Auto Formatted:Font:12 pt,Font color:Auto MAYOR Formatted:Font:12 pt,Font color:Auto Formatted:Font:12 pt,Font color:Auto ATTEST: City Clerk PAGE 23 OF 23 PAGES AGENDA ITEM NO.6A CITY COUNCIL AGENDA June 03, 2025 ITEM/SUBJECT: Ordinance amending Ordinance No. 50-2024, the fee schedule Section 6. Health, 6b-3. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date INITIATING DEPT: Health STRATEGIC GOAL: Actively engage and inform the public STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: The fee ordinance amendment has two components. First, the removal of annual body art establishment permit fees, temporary event permit fees, and apprenticeship fees, as reflected in the updated Body Art Ordinance. Second, fees related to the modified Body Art Ordinance have been updated based on increasing costs. This amendment includes modifications to the following: 6. Health • 6b-3. Environmental — Body Art Fees. Staff recommends approval. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO. 6B Ordinance No. Ordinance amending Ordinance No. 50-2024, the fee schedule Section 6. Health, 6b-3. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date WHEREAS, the amendment of the recodified Code of Ordinances requires that a separate ordinance be passed incorporating fees to be applied to City operations; and, WHEREAS, City Staff has studied the cost of providing the services and enforcing the regulatory schemes which are currently not being covered by existing fees; and, WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds that fees established herein do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory programs to which they are related; and, WHEREAS, City Council finds that the fees described herein are necessary to provide for the services and regulated programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The following schedule of fees and charges shall be adopted for the City of Wichita Falls Environmental Health operations, which are authorized to create or enforce such fees by state or federal law or by the Code of Ordinances: 6. Health 6a. Animal Services (1) Licenses: • Spayed or neutered Animal: o One-year: $10.00 o Two-year: $15.00 o Three-year: $22.00 • Animal that is not spayed or neutered: o One-year: $32.00 o Two-year: $64.00 o Three-year: $955.00 • Dangerous Animal o One-year: $422.00 • Duplicate city tag: $7.00 (2) Annual permits: • Commercial: o Fowl, Rabbit, Guinea Pig, Ferret: $159.00 PAGE 2 OF 8 PAGES AGENDA ITEM NO. 6B o Grooming Shop: $159.00 o Kennel: $132.00 o Performing Animal, Petting Zoo, Circus: $159.00 o Pet Store: $159.00 o Private Animal Shelter: $159.00 o Stable, Riding School: $159.00 o Permit Reapplication Fee: $53.00 o Permit Reinspection Fee: $27.00 • Residential: o Fowl: $32.00 o Livestock: $79.00 o Livestock with identification: $58.00 o Pet Fancier: $53.00 o Project Animal: $21.00 o Rabbit: $27.00 o Swine: $47.00 o Permit Reapplication Fee: $27.00 o Permit Reinspection Fee: $27.00 (3) Special permits: • Feral Cat Colony: $10.00 • Litter: $105.00 per litter • Sellers: $264.00 per litter • Stud: $105.00 per breeding (4) Impound fees: • Spayed or neutered Animal. O 1st impound: $46.00 O 2nd impound in any 36-month period: $85.00 O 3rd impound in any 36-month period: $115.00 O 4th impound in any 36-month period: $142.00 + $30.00 for each additional impound • Animal that is not spayed or neutered. O 1st impound: $52.00 O 2nd impound in any 36-month period: $96.00 ASC will transport to veterinarian for spay/neuter • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) impound: $10.00 • Small livestock. o Impound Fee: $69.00 • Large livestock. o Impound Fee: $133.00 (5) Daily boarding fees: • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.): $5.00 • Animal: $10.00 • Small livestock: $22.00 • Large livestock: $27.00 PAGE 3 OF 8 PAGES AGENDA ITEM NO. 6B (6) Quarantine fees: Quarantine Vaccinations $23.00 • Ten-day quarantine fee (to be paid at beginning of quarantine): (a) Initial quarantine $179.00 (b) 2nd quarantine of same animal $234.00 (c) 3rd quarantine of same animal $340.00 (d) 4th quarantine of same animal $455.00 (e) Any subsequent quarantine: $455 00 + $113.00 for each additional quarantine. • Daily boarding fee after 10-day quarantine: $27.00 per day • Rabies testing in lieu of quarantine: $53.00 (7) Animal surrender fee payable by owner: • Single animal: $31 .00 • Litter less than 4 months old — three or less (Mom charged as single animal): $42.00 • Litter less than 4 months old — four or more (Mom charged as single animal): $64.00 • Animal Pickup Fee: $15.00 (in addition to surrender fee) (8) Deceased animal removal fee: • Animal weighing 50 lbs or less: $22.00 • Animal weighing greater than 50 Ibs: $32.00 (9) Trapping: • Small trap deposit: $64.00 • Large trap deposit: $164.00 • Animal removal fee — private trap: Animal weighing 50 lbs. or less: $22.00 Animal weighing 50 lbs. or more: $32.00 (10) Adoption fees: • Dog Adoption Fee: $40.00 • Cat Adoption Fee: $40.00 • Transport Fee to Veterinarian out of City limits: $27.00 • Small Animal: (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) $10.00 • Fowl: $3.00 • Small Livestock: (goats, sheep, pigs): .... $41 .00 • Large Livestock (Horses, donkeys and cows): $77.00 (11) Miscellaneous fees: • Microchipping: $10.00 • Rabies voucher: $15.00 • Late Fee Permit: $27.00 • Late Fee License: $10.00 • The health district is hereby authorized to pass along the cost of any veterinary services incurred for the care of an animal to that animal's owner, possessor, or harborer. (12) WCSO Basic Call for Service Fees PAGE 4 OF 8 PAGES AGENDA ITEM NO. 6B • Required Trip Fee (Per Call for Service): $40.00 • Animal Pick Up Fee per animal: $10.00 6b. Environmental 6b-1 . Food Establishment Permits and Fees: (1) Annual Permits • Caterer: o Catering only: $270.00 o Add-on for an annually permitted establishment: $135 • Concession Stand: $135.00 • Farmer's Market: $35.00 • Farmer's Market Vendor: $0.00 • Frozen Dessert: $160.00 • Ghost Kitchen: $0.00 • Multi-departmental Grocery Store: $215.00 o An additional permitting fee of $135.00 will be charged for each of the following departments at the multi-departmental grocery store: • Deli • Meat market • Bakery • Snack bar • Fish market • Produce market • Other department • Pop-Up Food Vendor: $270.00 • Retail Food Establishment (Restricted Operation): $215.00 • Retail Food Establishment: o Small- $215.00 o Medium- $270.00 o Large- $320.00 • Retail Food Establishment Mobile (Restricted Operation): $215.00 • Retail Food Establishment Mobile: $345.00 • Shared Community Kitchen: $135.00 • Sample Permit: o Add-on for an annually permitted establishment $135.00 (2) Temporary Permits • Temporary Event Coordinator: $0.00 • Temporary permit (if turned in >_ 5 business days prior): $55.00 • Temporary permit (if turned in < 5 business days prior): $80.00 (3) Re-inspection fees: • Each re-inspection: $80.00 PAGE 5 OF 8 PAGES AGENDA ITEM NO. 6B • Soft-serve re-sample fee: $30.00 (4) Plan review fees: • New construction: $160.00 • Extensive remodel that requires construction: $110.00 • Concept change that requires change of equipment: $110.00 6b-2. Fees for Ambulance Franchises and Permits: (1) Initial franchise application fee: $530.00 (2) Annual franchise fee: $105.00 (3) Annual permit fee per ambulance: $106.00 6b-3. Body Art Fees: (1) Annual body art establishment permit fcc: $633.00 (21) Initial annual body art operator license fee: $528.00$540.00 (32) Renewal annual body art operator license fee: $106.00$110.cc (43) Initial testing fee: $106.00 , which covers two attempts to pass the examination, and which amount will be credited toward the initial annual body art operator license fee. (54) Additional attempts to pass the examination: $53.00$55.00, which will not be credited toward any license or permit fees. (6) Apprenticeship fcc: $106.00 (5 ) Temporary tattoo artist fee: $53.00$53.00 (8) Temporary event permit: $26/1.00 6b-4. Miscellaneous Fees: (1) Foster home inspection fee: $53.00 (2) Day care inspection fee: $106.00 (3) Swimming pool permits: $211.00 per pool per year. (4) Manager of public and semi-public water-related activity operation: $53.00 per manager per year. Re-inspection fees: ... $27.00 for each failed water sample (5) Late charge for renewal of expired division 1 permits: $27.00 for every month expired. 6b-5. Lodging Permit Fee Schedule: 1-10 Rooms: $106.00 11-25 Rooms: $132.00 26-50 Rooms: $159.00 51-75 Rooms: $211 .00 76-100 Rooms: $238.00 101-150 Rooms: $264.00 151-200 Rooms: $317.00 201+ Rooms: $370.00 6b-6. Vacuum Truck and Grease Trap Permit Fees: PAGE 6 OF 8 PAGES AGENDA ITEM NO. 6B (1) Vacuum truck permit fee (per truck): $159.00 (2) Grease trap permit fee: $79.00 (3) Late fees: • Grease trap permit: $27.00 for every month expired • Vacuum truck permit: $27.00 for every month expired • Industrial wastewater permit: Five percent of permit fee (4) The rates in this section are for a permit issued for a period of one year. The control authority may prorate the amounts for permits with shorter durations, or, for initial permits only, may increase the amounts by the appropriate factor for a slightly longer period. 6b-7. On-Site Sewage Facilities (OSSF) Fees (1) New Installation-Conventional System: $264.00 (2) New Installation-Proprietary System with ongoing maintenance: $290.00 (3) Property Transfer/Existing System Inspection: $159.00 (4) Additional Site Visits: $106.00 Note: Fees cover up to two site visits. Extra fee for additional trip. 6c. Laboratory 6c-1 . Miscellaneous Laboratory Fees: (1) Water testing fees: • Total Coliform Water Testing: $18.00 • Fecal Coliform Water Testing: $22.00 (2) Fees for clinic and medically related services may be set by the city manager. 2. The fee schedule established by this ordinance shall be made available to the public through the Office of the City Clerk and be published online in such a manner as to be available to the public. 3. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 4. To the extent that the Code of Ordinances establishes the existence of a fee, this ordinance will govern the amount of that fee, but this ordinance shall not be codified. 5. This ordinance shall take effect on July 07, 2025, and it is so ordained. PAGE 7 OF 8 PAGES AGENDA ITEM NO. 6B PASSED AND APPROVED this 3rd day of June 2025. MAYOR ATTEST: City Clerk PAGE 8 OF 8 PAGES AGENDA ITEM NO. 6B CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance annexing 2 acres of land out of the Green Reynolds Survey, Abstract 251 , Wichita County, Texas; referenced as a portion of 2707 W Rathgeber Road, at the request of the property owner; accepting the 2707 W Rathgeber Road/S&S Investments Annexation Service Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43; Subchapter C-3 — authority of municipalities to annex an area on request of owners; and designating the tract's zoning as Single Family 2 (SF-2) and Land Use Plan classification as Low Density Residential (LDR). INITIATING DEPT: Development Services/Planning Division STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Identify and Expand Economic Development Opportunities COMMENTARY: • April 14, 2025 — Petition and fee requesting annexation submitted. • April 28, 2025 — Property for annexation/zoning posted with notice for public hearings. • April 21 , 2025 - Draft annexation service plan distributed to department directors. • April 30, 2025— Departmental response deadline for draft annexation service plan; revisions for various municipal services incorporated. • May 8, 2025 - Annexation service plan agreement sent to agent/landowner. • May 14, 2025 — Planning & Zoning Commission conducts public hearing; recommends initial zoning designation of Single Family 2 (SF-2) and Land Use Plan as Low Density Residential. • May 14, 2025 — Written notice of proposed annexation issued to WFISD, public entities, volunteer fire depts/EMS, and special districts in area proposed for annexation. • May 16, 2025 — Notice of City Council public hearing posted on City's website. • May 18, 2025 - Notice of City Council public hearing published in TRN. • June 3, 2025 — City Council conducts public hearing and considers ordinance for petitioned annexation and zoning/land use designation. SUMMARY Approval of the following land owner-initiated (voluntary) annexation request would assist in facilitating the construction of one single-family home by providing access to City utilities. Additionally, approval of this item would also designate the property zoning as Single Family 2 (SF-2) to allow the residential use. The annexation would expand the City's corporate limits. PAGE 1 OF 20 PAGES AGENDA ITEM NO. 6c A voluntary petition for annexation was received from Biggs & Mathews Inc. Consulting Engineers, agent, on behalf of landowner S & S Investments, for approximately 2 +/-acres out of a 5-acre tract on W Rathgeber Road, west of Stone Lake Drive, commonly referenced as a portion of 2707 W Rathgeber Road. Following receipt, City departments were notified of this annexation request and asked to respond with their respective service abilities. No objections from city departments were received regarding the 2707 W Rathgeber Road/S&S Investments Annexation Municipal Service Plan (Exhibit F). PROPOSED ZONING DESIGNATION The Planning & Zoning Commission unanimously recommended the zone designation for Single Family 2 and a Land Use Plan (LUP) classification of Low Density Residential. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. ® Assistant City Manager ® Director of Development Services ASSOCIATED INFORMATION: Attachment A — Location Map; Attachment B — Aerial Map; Attachment C - Site Photos; Attachment D—Zoning and Land Use Map; Attachment E — Single Family 2 Zoning District Uses; Ordinance; Exhibit A — Field Notes; Exhibit B — Requested Annexation Area Map; Exhibit C — Petitioned Annexation Form; Exhibit D - Zoning Map: Annexation Tract; Exhibit E — Land Use: Annexation Tract; and Exhibit F — 2707 W Rathgeber Road/S&S Investments —Annexation Service Plan Agreement. ® Budget Office Review: ® City Attorney Review: ® Interim City Manager Approval PAGE 2 OF 20 PAGES AGENDA ITEM NO. 6c ATTACHMENT A — Location Map rsejj - ` f]E DR _ Gli'CLIFFDR 6 �. ;rocltcaE �/41FF.D1 a- � ''‘ O KRIDGE DR : fit` E- N x1DGE DR CREEK DR w dst s'HrJ 04:), W Rathgeber Rd.IS&S Investments I City Limits-In iIEMIIIT /1):z.. Ill I its-Out • ix re W in cWI ' ' hita r te .f. l''''' Cr A C>:4 7 I''''. t7 \ vz 2.00 '1- Acres 47C 235 3 470 g43 1.410 1.880 2350 W Rathgeber Road/S&S Investments Wichita County N Location Map Legend .•-.. DIT'+DF WICHITAFALLB,PLAHHIfJD OrIIBFDl L— -j City Limits -Wichita Falls Ai+P PRODUCED BY:Cedric Hu DATE PRODUCED:17 April 2025 _ Portion of Tract for Petitioned Annexation k.ca su. Fmk has.flET lr F rs Fa on WA d1. tTtr. a y'ananu.au hull:Ydrd.Akla dl-. Tt[.�atr ,&rap kkko-,,aaba+...r.w.yr.d rum,W�A.arb'hr.l R�*...haw bake p psp.q�ksrdrY� PAGE 3 OF 20 PAGES AGENDA ITEM NO. 6c ATTACHMENT B —Aerial Map --.- 1819 R V9 184 2707 W Rathgeber Rd. 2402, UJ CO UJ 2d71 rf (IP° 1' t 27�7 c. .w W. ffi.h ° f 4 q i 4pp a • I ^� i .as .2524 G> r r 0 210 420 840 Feet ,. . .°r. .. f � 2241 R 25-03 2707 West Rathgeber Road Legend Aerial Map I I Subject Property CITY OF WICHITA FALLS,PLANNING DIVISION MAP PRODUCED BY:Cedric Hu Annexation DATE PRODUCED:3Apri12025 ream°,.Datamel ........�w��° ......e,a„ Parcels e CM o cL Falb usmas�o e4tty hra°a+°�omssws.m proper,bramtlaries PAGE 4 OF 20 PAGES AGENDA ITEM NO. 6C ATTACHMENT C Site Photos of 2707 W Rathgeber Road Proposed for Annexation Subject Property—View from W. Rathgeber w w... �. ..;. .... r. •«ca..� _ gip. '•,;'n. .r .,.... -ao �.` 4 wr'! d ..x.u-•.!.w � arm., ...w.. v,^a rW"`dv"_"}At 0.4N aw d" .t+fP 2+ c .w'" .yyyx �.�' "a `1 W,a W Rath•eber 7•- Subject Property—View to the East and West r p , h « W Rathgeber Roao x, p W Rathgeber Road PAGE 5 OF 20 PAGES AGENDA ITEM NO. 6c ATTACHMENT D Zoning & Land Use Map h,4 2•e•Resraev y IF/vqc A„. wrrK RESIDENTIAL VACANT LOT as R WITHIN CITY U 1— Za "N U O It:J_'�J_ y.. rW�RATHGEBERRD_-- — _ __------ ■• •••••■••■. ■._I T ,c,� aaa zct2 LU LU GI a SINGLE FAMILY a44 awa J a� _Jzw a a J LL I z g› w d I z J J_ y LL ■ ■ CI I z s�ti F LL ; W 2707 W Rathgeber Rd. c�v i ■ ■ II E ■ a IL J / c7 _1 U 1-ill■ O ■ 4F SC yT 7 w I I l I I I >O ��Sr.G s w 0 210 420 840 Feet nlLv PF-V s'„£ R 25-03 Legend 2707 West Rathgeber Road _ Subject Property Zoning Zoning and Land Use Map Single Family 2 Annexation 9 Y CITY OF WCHITA FALLS,PLANNING DIVISION MAP PRODUCED BY'Cedric Hu DATE PRODUCED'3April 2025 Parcels Liisrlamtei City Limits ri,CO,Oa �me.^W.A.4ut.kabori DK..g;ae, n e SW —•• purposes and me,oaoe'dd°:rest:°on-Me-pm.en ,°,./. v r,,le „„e,°o°,gal „Le ti.lroe „°r ■I Wichita Falls PAGE 6 OF 20 PAGES AGENDA ITEM NO. 6C ATTACHMENT E Single Family 2 (SF-2) Zoning District Uses Permitted Uses: The following uses are permitted subject to submittal of a site plan and review by the Planning Division: Residential Uses: Dwelling, single-family detached Dwelling, zero lot line single-family, subject to the provisions of section 5200 Household care facility Civic uses: Park School, primary Conditional Uses: The following uses are permitted subject to approval of a conditional use permit (CUP) by the Planning & Zoning Commission: Bed and breakfast homestay. Bed and breakfast inn Day care centers, commercial (nonresidential building) Day care centers, limited (not conducted as a home occupation) Dwelling, duplex, or two-family. Library, public Limited multifamily residential uses, subject to the provisions of section [5920]. Manufactured home, subject to the provisions of section 5600. Private recreation areas, limited Public safety services Religious assembly School, secondary Structured sober living facility Utility service PAGE 7 OF 20 PAGES AGENDA ITEM NO. 6c Ordinance No. Ordinance annexing 2 acres of land out of the Green Reynolds Survey, Abstract 251, Wichita County, Texas; referenced as a portion of 2707 W Rathgeber Road, at the request of the property owner; accepting the 2707 W Rathgeber Road/S&S Investments Annexation Service Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43; Subchapter C-3 — authority of municipalities to annex an area on request of owners; and designating the tract's zoning as Single Family 2 (SF-2) and Land Use Plan classification as Low Density Residential (LDR) WHEREAS, the Planning Division received a request for petitioned annexation on April 14, 2025; and, WHEREAS, the Planning and Zoning Commission considered a proposed zoning designation for the requested property for annexation at its May 14, 2025, meeting, and voted to recommend approval of the request; and WHEREAS, the governing body, Wichita Falls City Council, heard arguments for and against the petition on June 3, 2025, and granted the petition for annexation by area landowners; and, WHEREAS, City departments have reviewed such annexation request and find that such annexation would not burden City resources in providing service(s); and, WHEREAS, the City Council has determined that such annexation is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . A tract of land, being 2 acres, described in Field Notes herein included as Exhibit A, as shown on the map included as Exhibit B, and requested via petition as Exhibit C, is hereby annexed into the City of Wichita Falls. 2. The annexation will not expand the City of Wichita Falls Extraterritorial Jurisdiction (ETJ) area. 3. The City Council further directs the City Clerk to file a certified and true copy of this ordinance, TOGETHER WITH A COPY OR DUPLICATE OF THE PETITION FOR ANNEXATION, IN THE OFFICE OF THE WICHITA COUNTY CLERK, WICHITA COUNTY, after its passage as required by law. 4. That a portion of 2707 W Rathgeber Road, referenced as Green Reynolds Survey, Abstract 251 , Wichita County, Texas, as depicted on the attached map PAGE 8 OF 20 PAGES AGENDA ITEM NO. 6c incorporated in this ordinance as Exhibit D, is hereby zoned for Single Family 2 (SF-2) uses. 5. The area on the Land Use Map, as depicted on the attached maps incorporated in this ordinance as Exhibit E, is hereby classified for Low Density Residential (LDR) uses. 6. The Annexation Service Plan Agreement outlining services to be provided is included as Exhibit F in this ordinance. PASSED AND APPROVED this the 3rd day of June, 2025. MAYOR ATTEST: City Clerk PAGE 9 OF 20 PAGES AGENDA ITEM NO. 6c Exhibit A Field Notes FIELD NOTES A 2.00 ACRE TRACT OF LAND OUT OF A 5.0.0 ACRE TRACT OF LAND IN THE GREEN REYNOLDS SURVEY. ABSTRACT 251,WICHITA COUNTY,TEXAS AS RECORDED IN DOCUMENT NUMBER 202415587 OF THE OFFICIAL PUBLIC RECORDS WICHITA COUNTY TEAS.SAID TRACT BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 112INCH IRON ROO FOUND FOR THE NORTHWEST CORNER Of A 10.00 ACRE TRACT DEEDED TO JOHN AND DENISE KRZEWINSKI,AS RECORDED IN VOLUME 2340.PAGE 1S1 IN THE WICHITA COUNTY DEED RECORDS.SAID ROD BEING IN THE SOUTH RIGHT-OF-WAY OF W RATMGEBER ROAD,A PREVIOUSLY DEDICATED PUBLIC RIGHT-OF-WAY AND ALSO BEING THE NORTHEAST CORNER OF THIS DESCRIPTION; THENCE ALONG THE vvtST LINE OF SAID'KRZEWINSKI TRACT AND GENERALLY ALONG A FENCE, SOUTH 00'1019'WEST&I0.00 FEET TO A 112 IRON ROD SET FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION; THENCE LEAVING THE SAID WEST LINE OF THE'KRZEWINSICI-TRACT,NORTH 89'41'41'WEST 273.81 FEET TO A 1/2 INCH IRON ROD SET IN THE EAST LINE OF A 5.00 ACRE TRACT DEEDED TO S&S INVESTMENTS IN DOCUMENT NUMBER 202414974 IN THE OFFICIAL PUBLIC RECORDS OF WICHITA COUNTY TEXAS.SAID ROD BEING THE SOUTHWEST CORNER OF THIS DESCRIPTION; THENCE ALONG THE SAID EAST LINE OF THE 5.00 ACRE TRACT DEEDED TO$&S INVESTMENTS AND GENERALLY ALONGA FENCE.NORTH 00°17406 EAST 209.86 FEET TO A 1+2 INCH IRON ROD SET FOR AN EXTERIOR ANGLE OF THIS DESCRIPTION; THENCE LEAVING THE SAID EAST LINE OF THE 5,00 ACRE TRACT DEEDED TOSS S INVESTMENTS, SOUTH 89'41'41'EAST 173.05 FEET TO A 1/2 INCH IRON ROD SET FOR AN INTERIOR ANGLE OF THIS DESCRIPTION: THENCE NORTH 00'1019'EAST 295.00 FEET TO A 112 INCH IRON ROD SET IN THE SAID SOUTH RIGHT-OF-WAY OF W RATHGEBER ROAD FOR THE NORTHWEST CORNER OF THIS DESCRIPTION; THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF W RATHGEBER ROAD,SOUTH B9'46'22'EAST 100.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.00 ACRES OF LAND MORE OR LESS. I ANNEXATION EXHIBIT . A,. ,F- -I' ..'TOUT. - .. ALA:, • 'iy CCU,L APRIL2025 a t. e I i IL Aa BIilliS Se.MATHEWS,INC., (on UIll111g Engineers 7bn-c1 { , �•,i.`o'' `.;uii Iykrr:,V: +��I. Ph. {'ii F k 1111 W I. 1 R � ':y I� IA n; ! I";:,r•�10I o- 0 33 y„f L „ I I.I IS RI 1:ISI II[4'1)1,' iI I.I.RI', i F1HM F'-71:i4 I F.XA4 RFiil4 I ER l-:13'4F:R}'F:'4'It[i FIRM IHFYI$?IHI PAGE 10 OF 20 PAGES AGENDA ITEM NO. 6C Exhibit B Requested Annexation Area Map _____._r_ vw r THGEaER ROAD - iROwI \ARIES-I EV DEDI) �u S 89W46'22"E 10C.t10' .. 1'�IR`lw 11-w1,.ir'a.riLu i71YLYTv4'Q`' r� / +,T PiO', 1i' Roll.:FFil:l N E'11 HcL.(Fr! y/.//'' /r 1NT OF 9�GINNICt1{#- KRL£W1IJSKI JOHN O JR S 8 S INL+'ESTMENTS S&5 iNvESTMENT$ C7ENISE S FCF1Z7 WINSKI KJ r.tlFV! +',0.5., No intD7 9C4bGRESi 1]u.,I,6-RLY MC.Yh4H1 K. r:lx:P1:A'}y�, +a�Ck711 PRWGT OP R hn^' U'!� 1�Md PA 6 1L1 1 •/> : ./ / / Z ///:// .,3 N / ///,/ ! it S&9'41'44"E ,d2• /..' ' / 1 173.85 i OO,XTI .,`/, ZO 1lr EON r �' a r ./ / ',1' .1>/////7;1 gt°1 i..., :,..../::// ,... / / //' PI .. fPROPOSEDf w // ANNEXATIOAi b . ' i2.MI ACRES) /' '� O T S.tHI ACRE 7 / r` ` '.r GRAPHIC SCALE z `. `.. 50 0 6 100 24+4 ',//' y ITiTIUI // /.// , /!;r �. IN FEET) / / - /I ! //rr I. _ j 1 inch= 100 R. tar st w I N 89'41°d1"W 273.81° Km 1 ExAS \}° STATE . -J 1 . HOSPITAL ;VPA-' .flk.Frll .'.'. 1 PROJECT , bCATIC] o "' ANNEXATION EXHIBIT 2.00 ACRE TRACT OUT OF A 5.00 ACRE 1= — " , TRACT IN TFhE GREEN REYNOLDS in SURVEY.ABSTRACT 251 WICHITA COUNTY,TEXAS =5 r APRIL 2D25 sP !$ SP 51, LOCATION MAP 0ii' Biu G S.&' 1AIIIL'..-L I .... li•4,,• �. ,, r:IlnsulLii I'nvincrrs io .' '*h I LSOG BROOK AE1 P14 1440i iM 41`{ e i a WI.'Fil II [Ai i 4 'x. 7,1i1 Fai i•J rr,..•. LI a —" ..kas RFi,l.TFA.[+i'.Pkr r:: IIN^,•I tl ';In PAGE 1 1 OF 20 PAGES AGENDA ITEM NO. 6c Exhibit C Petition for Annexation Request Form PETITION REQUESTING ANNEXATION BY AREA LAND OWNER TO THE MAYOR OF THE GOVERNING BODY OF WICHITA FALLS,TEXAS: The undersigned owner of the hereinafter described tract of land, which is vacant and without residents,or on which fewer than three qualified voters reside, hereby petition your honorable Body to extenzl the present city limits so as to include as part of the City of Wichita Falls,Texas.the following described terr;tcry. to wit *SEE ATTACHED EXHIBIT "A° & '0" We certify that the above-described tract of land is contiguous and adjacent to the City of Wichita Palls, Texas, and that this petition Is signed and duly acknowledged by each and every person shaving an interest in said land. Sign S & S Investments Larry Scott-- ner Signed: S&S In strrients Stefan Scott -Partner THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned authority, on this day personally appeared and STD+) SC ,known to me to be the person(s)whose name(s) islare subscribed to the foregoing Instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 4 day of e4 4 2025, *AIM MN QOM 47. r• ir'.Ili Notary Public in and for t Wichita County, Texas. RECEIVED APR 1 4 2025 BY: PAGE 12 OF 20 PAGES AGENDA ITEM NO.6C Exhibit D Zoning for Annexation Tract 1819 1809 18N Single Family -2 Proposed zone of Single Family-2 2402 W-RATHGEBER RDUM NM te 2471 2719 �707 2609 2200 2524 G<< 0 200 400 800 Feet PQy R 25-03 2707 West Rathgeber Road Legend Zoning Map E=1 Zoning Boundary Zoning CITY OF VNCHITA FALLS,PLANNING DIVISION ,Ali Zoning Area Single Family 2 MAP PRODUCED Br Cedric Hur'r DATE PRODUCED'3Apri1 2025 Subject Property The aN°Winne Fars nee e�remPeeemvm YI one accuracy d me inmimaltn cnma.ea in me folio, macs.irl Ile,Oa ilhdLurr nnv ennn nez,na a SU.,na ournaes. Parcels ova oa��;e,l,,n.m�e„a.,fo,and,�en,.0,ly�n„p,fo,im„oeaI„Vn acaiona PAGE 13 OF 20 PAGES AGENDA ITEM NO. 6C Exhibit E Land Use for Annexation Tract PAR .V Y/ ]� ^Ili' ---__i_-<. . - 1 a� Commercial C/ pR� �o N �QG� �pSDGE°DR O0 To ,\ a,EK DR i 4'tQ \`pPA\ I �� I ' RRGEYIEW Low Density Residential Institutional g E ' - • - -a /II I 14Comm- I ercial / / c / -�-- Proposed Land Use 1 i.� et w to Low Density Residential ' ,,'/ �/ coW i Q cc ii �� ' Parks and Open � '� Space G P 1- 1 i I I I I I I I 0 395 790 1,580 Feet R 25-03 2707 West Rathgeber Road Legend Land Use Map li".= Land Use Plan Boundary CITY OF WICHITA FALLS,PLANNING DIVISION MAP PRODUCED BY:Cedric Hu _ Subject Property DATE PRODUCED.3 April 2625 a . Te��.he, ��e ma me'�� 6„.M me inform/inn non,e.e0,.r Ar fig 7 :A Proposed Land Use 0.10h T.Oini OfW KhIM Gel assumes no leN W Pon ere errors.Om .e. Or 0eocki Neesmn 7h a W he...ion u.wee0 ma ne ass N now mos.This nwdacbs for i Morro... ago oaweeAsanontfiegmundour .anaeves<m.onLm..anima.rahtivelemrlonM Parcels PAGE 14 OF 20 PAGES AGENDA ITEM NO. 6C Exhibit F 4.1 MC4i4 a TEXAS $lwS/Aie,:4olderP Opp tcueies: City of Wichita Falls ANNEXATION SERVICE PLAN AGREEMENT 2707 W Rathgeber Road S & S Investments April 2025 PAGE 15 OF 20 PAGES AGENDA ITEM NO. 60 INTRODUCTION On April 14, 2025, an agent for the landowners (S & S Investments), Biggs & Mathews, Inc. Consulting Engineers, submitted a petition for annexation to the City of Wichita Falls. The request for an owner-initiated annexation includes 2-acres out of a larger 5-acre tract. The partial tract of land is situated in Wichita County and referenced as the Green Reynolds Survey, Abstract 251 , generally known as a portion of 2707 W Rathgeber Road, in the general vicinity of Stone Lake Drive and W Rathgeber Road. Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls has coordinated with each department and put together the 2707 W Rathgeber Road/S & S Investments Petitioned Annexation Service Plan Agreement. This Plan outlines future delivery of municipal services to an area that is proposed to be annexed into the City of Wichita Falls, at the request of the landowner, and will be considered by the Planning & Zoning Commission (recommendation) on May 14th , 2025 and by City Council at a public hearing on June 3rd , 2025. The following municipal service agreement outlines each service the municipality (City of Wichita Falls) will provide either on the effective date of the owner-requested annexation adoption or to become effective at such time as outlined in a schedule of service. Reference to `applicant' shall relate to the landowner/developer (S & S Investments) for the petitioned annexation. Future municipal services outlined in this agreement are for a land tract subject to petitioned annexation by the City of Wichita Falls, Texas slated for consideration by the governing body on June 3rd , 2025 and referenced in Attachment A — General Vicinity Map and Exhibits A, B and C. The City of Wichita Falls is not required to provide services not included in this petitioned annexation municipal services agreement. PAGE 16 OF 20 PAGES AGENDA ITEM NO. 6c 2707 W RATHGEBER ROAD/S & S INVESTMENTS PETITIONED ANNEXATION AGREEMENT SERVICES TO BE PROVIDED Police This area will be served using the same standards for response, together with investigative services as provided to other areas of the City. Fire This area will be served using the same operational standards for response, investigation and code compliance as provided to other areas of the city. Parks 1 . Open park areas for picnicking will be available to any future property owners of the annexed area on the same basis as residents presently residing within the City limits. 2. Services provided will be identical to those provided to persons living in other areas of the City. Engineering Services Engineering services will be limited to the review of development plans, issuance of permits as required in the development phase, and the inspection of the installation of water and sanitary sewer mains, storm sewers, and the paving of streets and alleys. Library Library services identical to those services to persons living in other areas of the City will be provided to the annexation area. Maintenance of Streets and Roads Maintenance of streets and roads shall be on a level comparable to that provided for other areas of the City with similar roads, equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing street maintenance. PAGE 17 OF 20 PAGES AGENDA ITEM NO. 6c Traffic Services When, at a future time, dependent on development demands the City deems it necessary based on the Manual on Uniform Traffic Control Devices (MUTCD) standards from the U.S. Federal Highway Administration for street lights, pavement markings, traffic signals, traffic signs, including street name, warning and regulatory signs, will be maintained by the City of Wichita Falls Traffic Department. Traffic counts and other related studies will be conducted as warranted, using the same procedures and guidelines as practiced within the City. Solid Waste Collection 1 . For any future residential development that may occur in the area, the City will supply curbside automated service by extending our current automated collection service routing. The collection of solid waste from the individual properties and containers shall be made in accordance with usual department scheduling and rates. 2. Commercial solid waste collection services will be provided to any business located in the annexed area under the same rate, procedures and regulations as presently provided for any business customer within the City, upon request. 3. The use of the City's solid waste collection facilities and transfer station(s) will be available to any future residents of the newly annexed area, and on the same basis as those residents living within the City limits. 4. The City is the sole provider of residential and commercial solid waste collection and disposal. Schedule of Timing for Solid Waste Collection and Transfer Station Services The property will be served at the same rate as available to other City residential customers for refuse collection and transfer station services upon completion of all final platting requirements. Water and Sanitary Sewer Facilities Maintenance 1 . Maintenance of water facilities will include those facilities installed by the City or installed according to City standards and specifications. PAGE 18 OF 20 PAGES AGENDA ITEM NO. 6c 2. Sanitary Sewer will be in accordance with individual application of septic systems where applicable, which shall be the responsibility of the property owner or tenant. The City will maintain facilities installed by the City or installed according to City standards and specifications. Development 1 . Additional extensions of a water system shall be at the expense of the "applicant" as per Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. 2. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. Schedule of Timing for Provision of Water and Sanitary Sewer Service The property is served by City Water and Sanitary Sewer services and may be reconnected to these utilities upon completion of all final platting requirements. Planning and Zoning Services 1 . Planning and zoning services will be provided immediately upon annexation. In addition to the protection of property values through the enforcement of zoning and subdivision regulation, other services including the processing of applications for zoning change and site plan review will be provided by existing City staff. 2. Rezoning of properties will be handled in accordance with existing City procedures. Existing use of properties in conflict with permitted uses shall be deemed nonconforming, and shall continue to operate in accordance with Section 6100 of the Zoning Ordinance. Building Inspection Services Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City codes and ordinances, will be provided by Building Inspection personnel. Environmental Health and Code Enforcement Services 1 . Complaints of ordinance violation or other code violations within the area will be answered and investigated by existing personnel. 2. Animal control services will be provided to those areas within the annexed area using existing personnel and equipment. PAGE 19 OF 20 PAGES AGENDA ITEM NO. 6c 3. Vector r;oi trn1 services will be provided to thoso iieas within the annexed area using existing personnel and equipment. Miscellaneous Services General municipa lri� in and 'administrative services of the City will be available to the annexed ar.:] •,n�rci ,.rith� '. I effective date of the annexation ordinance. CITY of WICHITA FALLS B +: Jriir,+s M:.lechnie Interim City Manager & 5 INVESTMENTS By: BY: _. { cott, Partner Stefa Scott, Partner CITY of WICHITA FALLS APPROVED as to FORM ATTEST: R. Kinley H .;giund. „If Marie Balthrop City Attorney City Clerk PAGE 20 OF 20 PAGES AGENDA ITEM NO. 60 CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance to rezone +/- 1 .70 acres of land located at 5201, 5203, 5205, & 5207 Stone Lake Dr. (Lots 33-36, Block 1 , Phase 9, Stone Lake Estates) from Single Family -2 (SF-2) to General Commercial (GC) zoning district; and amend the Land Use Plan from Low Density Residential to Commercial to allow for the construction of an office building INITIATING DEPT: Development Services/ Planning STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Identify and expand economic development opportunities COMMENTARY: • April 18, 2025 — Staff met with the applicant to discuss the development of the vacant lots into an office. Staff outlined the site's zoning, allowed uses, platting process, adjacent districts, and the process to rezone. The applicant/owner, on April 22, submitted an application. • April 25, 2025 - 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 May 14, 2025, P&Z meeting. • April 27, 2025— Notice of May 14, 2025 P&Z public hearing published in the Times Record News (TRN). • May 14, 2025— P&Z conducts public hearing and recommends to the City Council approval of the rezoning requested by unanimous vote (8-0). • May 16, 2025 - Notice of June 3, 2025 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. • May 18, 2025 - Notice of June 3, 2025 City Council public hearing published in TRN. • June 3, 2025 — City Council scheduled to conduct public hearing and consider ordinance rezoning the subject property. Staff met with the applicant, Brian Blair, to discuss the development of 5201 , 5203, 5205, & 5207 Stone Lake Dr. into a new office building. The facility being proposed, at this time, is a one-story, 8,500 sf professional office building. In the meeting, staff informed the applicant and owner of the zoning designation and the allowed uses in the current Single Family-2 zoning designation. Staff determined the proposed use was out of the range of allowed uses in the current zoning district. Staff advised of the option of rezoning the property to a General Commercial district by extending the General Commercial district PAGE 1 OF 16 PAGES AGENDA ITEM NO. 6D just to the west of the subject property. The applicant then submitted a rezone application for the following Planning and Zoning Commission meeting. Evaluation The 1 .70-acre rezone proposal is situated in the southeastern portion of the City near the intersection of Southwest Parkway and Stone Lake Drive. The site is currently vacant land next to Christ Academy to the north. To the south of the subject site is a vacant lot along with a couple of residences. To the east is vacant land. To the west are various offices and Grace Church. When comparing the proposed use to other uses, the proposed site sits between offices, a school, a church, vacant land, and residences, and would share similar uses and impacts to nearby properties. Staff recommended a petition to rezone the property to extend the commercial use around the area. This site is separated from the residential uses by vacant lots to the south and east. The current Land Use Plan designation for the property is Low Density Residential. However, staff are recommending a change in the Land Use Plan to Commercial. If council approves the rezone to General Commercial (GC), the applicant is subject to all other zoning and building code regulations. Rezoning the tracts to General Commercial (GC) would be in harmony with the area and the Land Use Plan. Recommendation In Accordance with State law and local ordinances, the Planning and Zoning Commission (P&Z) conducted a public hearing at their meeting on May 14, 2025, and, after consideration, recommends approval to the City Council by an 8-0 vote. Staff recommends the approval of the ordinance. ® Assistant City Manager ® 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 — Proposed Site Plan; Exhibit f — Allowed Uses in General Commercial; Exhibit G — Planning & Zoning Commission — May 2025 Minutes Excerpt; Ordinance; Attachments 1 & 2. ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit A — Aerial Location Map �` 001 R ,"4' n ..5030_ w� _ , rj° _ + 1"4nn li 'r 4, 5 4, 121. 7 slab' gir ,,_,f - as ,e ,,, .„. 4�G. t . 4� 5105 ' ! me p m L, ....)VCIIII.L.-••• •,, 1 Y^^ t :. 5201 Stone . e.. e Lake Dr. i ROCKCREEK D _ °'h N - itg 5203 Stone Lake Dr. :; r '. I 1 Vmay 5205 Stone Lake Dr. 4 " a r T+ 5207 Stone Lake Dr. i IP 4 , am ,'pp 4 521'4 a" sir uh , it t ar ,0, ilr—r ' i- , „A„fr 17 9 g e''w. 5305" " 1r740, •0 Now � 5307 ,.<�, � ' d 742' 0C1� r 5309 � 4 � y -,.., 1744 GQ^ „ '` \ 53,11 C•/R17, �741� +: 43 1736 2000 ` �. nc ill \ '\S/ "5401 / .1738 e r Np y� ,gyp o e. o- ,/,OR I I I I I 1 I V ORS , P 0 187.5 375 750 Feet 5� ilkittij R 25-04 5201 , 5203, 5205, & 5207 Stone Lake Drive Aerial Map Legend CITY OF WCHITA FALLS,PLANNING DIVISION MAP PRODUCED BY:Cedric Hu _ Subject Properties DATE PRODUCED:21 April 2025 Parcels PAGE 3 OF 16 PAGES AGENDA ITEM NO.6D EXHIBIT B - Rezoning Request — 5201, 5203, 5205, & 5207 Stone Lake Dr. Photo 1 —View of Subject Property from Stone Lake Dr. ,,a Photo 2—View west from the subject property along Stone Lake Dr. sitato- } tr ri. W _ _ PAGE 4 OF 16 PAGES AGENDA ITEM NO. 6D EXHIBIT B Cont. - RezoningStone Request — 5201, 5203, 5205, & 5207 Lake Dr. Photo 3— North view from Subject Property along Stone Lake Dr. eve, h r�'. s ,�4- 3 ,": x-. �r.<':•r-r � � r p y ti- t ar Photo 4—South view from the property along Stone Lake Dr. 6AR s �! fsA `" 'ea Via` e .� S PAGE 5 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit C — Notification Map W , cc O J ' ,-•O{W CO: o: el 00 01 5201 Stone Lake Dr. l22 STp/.1E 520 0,KE 1 02092 5203 Stone Lake Dr. 1 52 E `�s NE . 5205 Stone Lake1 SSON��AK pal „3 2 -,;O 2p�i•ADr. N ; fix.. a 0 t r 2� �222so.) Ao�"" )Y Cr. y20 LPi,- N g O Aal 5207 Stone Lake Dr. 11 il 'A l�2'gON� 52oZ1 E Oaf C.� (34521420) \21A9'�� STONE LAKE 5`l / ,r fr. i U ��Pyo, . V.Y. i 5301 I I I I I I I I I 5303 0 65 130 260 Feet R 25-04 5201 , 5203, 5205, & 5207 Stone Lake Drive Legend Notification Response Map In Favor Subject Properties CITY OF WCHITA FALLS,PLANNING DIVISION r MAP PRODUCED BY:Cedric Nu UndecidedlNo Opinion I Notification Buffer DATE PRODUCED:22 May 2025 N' In Favor p L — — X Opposed Notified Properties U UndecidedlNo Opinion MH Manufactured Home Parcels PAGE 6 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit D — Zoning & Land Use Map N CO LLEGESISCHOO LSICLASSROOMS 5201 Stone Lake Dr. - ROCKCRR Ito.- T4oc 5203 Stone Lake Dr. vN�0—011., b P ,$1pt .5�0-j\.O 5205 Stone Lake Dr. tip s�ptito vic o1 5207 Stone Lake Dr. O R Gpa1` r a� .4 J=Ct ' lKr.. aoF_ 65,9 c0 c.,\ z v Luz z y ,IP NO-��Pv o a x �fn E�40K �, w a~ 0'pP�s G\ tt p 3 E ', �e�w y# .\ wr F ga LAND WATERWAYS AND EMBANKMENTS \ F \ \j v� OQ- 0 ECG 1 I I I I I I I I A AV j \/ 0 120 240 480 Feet �- O, SINGLE V Q" / FAMILY R 25-04 5201 , 5203, 5205, & 5207 Stone Lake Drive Zoning and Land Use Map Legend CITY OF WCHITA FALLS,PLANNING DIVISION MAP PRODUCED BY:Cedric Hu DATE PRODUCED:21 April 2025 _ Subject Properties Zoning Parcels Single Family 2 a000 m,s _ General Commercial PrryPAGE 7 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit E — Proposed Site Plan 1, p ''':PROFESSIONAL �'� A o cap Z r OFFICE f c� O= •+it r.�y r rx = �y "-BUIDLINO s�.e ,'t` �,� t^ yP isp -'S \ �5�p� � �° U O ONE-STORY , _ �- a Ln G e A a CU i0.0;;;:* u� , ,r , , .- r 1 CONCEPTUAL SITE PLAN 1r sP�o2 PAGE 8 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit F Proposed Zoning: General Commercial (GC) The following uses are permitted without any further review by the Planning and Zoning Commission. For additional regulations or definitions, contact the Planning Division. Residential uses: Dwelling, duplex two-family Dwelling, single-family detached The following uses are permitted subject to submittal of a site plan and review by the Planning Division. Residential uses: Bed and breakfast homestay Boardinghouse Condominium, residential Dwelling, multifamily Dwelling, zero lot line, single-family Fraternity and sorority houses Household care facility Townhouse, residential Civic uses: Cemetery College and University Day care centers, limited, and commercial Library, public Parks Public safety services Religious assembly School, primary, and secondary Structured sober living facility Utility service Commercial uses: Alcoholic beverage sales, subject to the provisions of section 5400. Art gallery/museum. Automotive sales and service Automotive service station Bed and breakfast inn Boat sales and service Business and trade schools Car wash PAGE 9 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit F Continued Clinic Club Coin-operated amusement machines establishment, as regulated by section 5905. Convenience store Donation box Exterminating services, without chemical storage Funeral home Hospital Hotel Indoor sports and recreation Medical office Motel Movie Theater Nursery Offices Oil drilling Repair services Restau rants Retail trade Self-storage facilities/mini-warehouse Services Shopping center Veterinary services The following uses are permitted following approval by the Planning and Zoning Commission for a Conditional Use Permit: Commercial uses: Alcoholic beverage sales, subject to the provisions of section 5400. Automotive repair service Bus station Community residential center Contractor's yard Flea market Kennel Light manufacturing Manufacturing homes Outdoor entertainment and recreation Outdoor Food Court Outdoor storage Parking facility Recreational vehicle park Warehousing facility PAGE 10 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit F MINUTES — EXCERPT PLANNING & ZONING COMMISSION January 8, 2025 PRESENT: Jack Browne ♦Alternate No.1 Brady Enlow ♦ Member Blake Haney ♦ Member Michael Grassi ♦ Member Noros Martin ♦ Member Matt Marrs ♦ Member Doug McCulloch ♦ Member Richard Milhollon ♦SAFB Liaison Jeremy Woodward ♦Vice-Chair Fabian Medellin, Planning Manager ♦City Staff Cedric Hu, Planner I ♦City Staff Tyson Traw—Deputy Director, Public Works ♦City Staff ABSENT: Alan Sizemore ♦Member Aston Pecor ♦Alternate No.2 Steve Wood (Present, but recused due to conflict) •Member R25-04 — 5201, 5203, 5205 & 5207 Stone Lake Drive Public Hearing to consider recommending a request to rezone 5201, 5203, 5205 & 5207 Stone Lake Drive (Stone Lake Estates, Lots 33-36, Block 1, Phase 9) from Single Family-2 (SF2) to the General Commercial (GC) zoning district and amend the Land Use Plan from Low Density Residential to Commercial to allow for the construction of an office building. Applicant: Brian Blair a) Public Hearing b) Take Action Commissioner Steve Wood recused himself from the case. Chairman Woodward opened the public hearing at 2:19. He stated that there will be the Public Hearing, and the Commission will then take action after the closing of the Public Hearing. PAGE 11 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit F Continued Mr. Fabian Medellin presented the case and stated that staff met, with Mr. Blair and Mr. Wood to discuss the potential new development of an office building. These four lots were previously subdivided and are currently zoned to allow for residential uses within the Single Family-2 (SF2) zoning district, which was done in 2022. He stated that these parcels are currently undeveloped, and the large tract of land to the east is currently owned by Stone Lake, LLC. Showing an aerial map of the area, Mr. Medellin pointed out some of the uses along Stone Lake Drive stating that some are residential, and going towards Southwest Parkway the uses are commercial, and are some civic in nature. He noted some of the large developments there, being the Bill Bartley YMCA, Christ Academy, and showed on the west side of Stone Lake are some offices, a bank, House of Hope, and pointed out Grace Church directly across from the subject tracts. He also explained to the Commission that Stone Lake is a "major collector" (as classified on our thoroughfare plan), which is intended to move people from their residential streets to higher classification streets—giving them ease of access to the city and throughout. Mr. Medellin stated that there is a difference with Stone Lake Drive, and that most major collectors are not paved as wide as Stone Lake Drive has been paved. The typical collector is paved to 36 feet wide, and Stone Lake is paved to 48 feet wide. He added, that based on the already existing uses there, it looks and feels like a commercial corridor. Mr. Medellin said that on the west side is General Commercial zoning, and south of the YMCA on the east side is residential. Staff's proposal is to have the General Commercial district that is on the west side to now encompass the four subject lots. We discussed the layout of the lots with Mr. Blair and Mr. Wood, and how they could meet our developmental guidelines. They prepared a concept that meets our guidelines, and even took into consideration the neighbors and set the proposed building as close to the front setback line, buffered the residential area with parking and landscaping, and will be required to use screening to further separate the residential use from the commercial use. Mr. Medellin reiterated that staff is proposing to rezone the four tracts of land from Single Family 2 (SF2) to General Commercial (GC), and change the land use classification from low density residential to commercial. Since this was a full rezone, staff did send out notices and received four in favor responses and one undecided response. (The undecided response noted that they did not have any concerns for the proposed development.) Mr. Medellin stated that staff does recommend the rezoning the four properties (5201 , 5203, 5205 & 5207 Stone Lake Drive) from Single Family to General Commercial, and amending the Land Use Plan designation to commercial. Chairman Woodward asked if anyone from the public would like to make a comment. PAGE 12 OF 16 PAGES AGENDA ITEM NO. 6D Exhibit F Continued Brian Blair came to the podium and gave some additional information to why they are wanting to move their business to this location, and described in more detail how they will be using the parcels. He stated that the business is a 9-5 business with very little foot traffic, as most of their clients meet via zoom meetings. Chairman Woodward asked if anyone else would like to comment, and there were no additional comments by the public. Chairman Woodward closed the Public Hearing at 2:28. Commissioner Matt Marrs made a motion to recommend the case, and Commissioner Blake Haney seconded the motion. Chairman Woodward asked if there was any more discussion with the Commission. Commissioner Jack Browne stated a concern of safety for the lack of sidewalks there. The panel discussed the dedicated bike lane that is available, and the street having been paved wider than most. Mr. Medellin stated that sidewalks are not put in, until actual development has been started. Chairman Woodward took the motion to vote and it passed 8-0 (Mr. Wood had been recused from the vote). PAGE 13 OF 16 PAGES AGENDA ITEM NO. 6D Ordinance No. Ordinance rezoning 5201, 5203, 5205, & 5207 Stone Lake Dr. (Lots 33- 36, Block 1, Phase 9, Stone Lake Estates) from Single Family -2 (SF-2) to General Commercial (GC) zoning district and amend the Land Use Plan from Low Density Residential to Commercial WHEREAS, the Planning and Zoning Commission considered the proposed zoning change at its May 14, 2025, meeting, and voted to recommend approval of this request; and WHEREAS, the City Council has reviewed this request and has determined that the Zoning amendment described herein is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . 1446 Trout St. (.75 acres, Block 10, A-296, J) as depicted on the attached map incorporated in this ordinance as Attachment 1, is hereby rezoned from Single Family - 2 (SF-2) to General Commercial (GC). 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 Commercial. PASSED AND APPROVED this the 3rd day of June, 2025. MAYOR ATTEST: City Clerk PAGE 14 OF 16 PAGES AGENDA ITEM NO. 6D Attachment 1 5100 N 5105 Proposed Rezone from Single Family-2 to General Commercial E KOR ROCKCRE �' $ �� 5200 �,//� 5201. • K 5203 % 1Ir (,, , AO. Single General 2 5205 Family -2 T 5207 Commercial 1 Q ' 5209 ♦ \Z 5211 5214 • ,' - ♦• 5301 ♦ 5303 ♦♦ ♦ 5305 ♦ 5307�♦ ♦ • ♦♦ 5309 1744 5311 O� V(C' 0 115 230 460 Feet ZOc R 25-04 Legend 5201 , 5203, 5205, & 5207 Stone Lake Drive 'W Zoning Boundary Rezone Map Subject Properties CITY OF WGHITA FALLS,PLANNING DIVISION MAP PRODUCED BY.Cedric Hu 10 1 Rezone Area DATE PRODUCED:22 April 2025Oisrlainter - - - Parcels PAGE 15 OF 16 PAGES AGENDA ITEM NO. 6D Attachment 2 5100 I 5105 Proposed Land Use change ► from Low Density Residential i to Commercial • \1 ROCKCREE D ST / ' /�� 521 5200 Pd��i►►► ►�• 5203 Low Density I,52 ►► 2 , 5205 - Residential ,�cc.:,. I 5207, Commercial •► c: • c-, • 5209 5211 5214 *, , • • �P+- 5301 • 5303 • i • 5305 • 5307/ • • 5309 • /� 1744 5311 O� <CVQ-CP I I I I I I I I0 115 230 460 Feet FOB R 25-04 5201 , 5203, 5205 & 5207 Stone Lake Drive Legend Land Use Map Ein Land Use Plan Boundary CITY OF WGHITA FALLS,PLANNING DIVISION MAP PRODUCED BY.Cedric Hu _ Subject Properties DATE PRODUCED:21 April 2025 mP,dmry wr° F -I- Alb Proposed Land Use oaoe"o . b .1,om,mea,o,.im.Ie,e.we es Parcels PAGE 16 OF 16 PAGES AGENDA ITEM NO. 6D CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Public Hearing concerning designating the boundaries of the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone INITIATING DEPT: Development Services/ Planning Division STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Develop a Neighborhood Redevelopment Plan and Program COMMENTARY: • April 15, 2025 — City Council adopts the Heart of the Falls Neighborhood Revitalization Plan that includes tax abatement incentives. • May 13, 2025 — The CWFRAC voted to recommend the presentation to City Council and adoption of the Reinvestment Zone designation for tax abatement purposes. • May 20, 2025 - City Council approves Resolution No. 58-2025 to participate in a Texas Tax Abatement Program. Notices sent to Taxing Entities. • May 25, 2025 — Public Notice in the Times Record News Staff were tasked with the goal of aiding and turning around declining neighborhoods in both strategic plans in 2017 and 2019. On April 15th, 2025, City Council adopted the Heart of the Falls Neighborhood Revitalization Plan that contains the plans for a Neighborhood Empowerment Zone (NEZ)to offer incentives to developers and homeowners in the area. One of the incentives proposed was a tax abatement to promote the creation or rehabilitation of affordable housing, increase economic development, and improve the quality of life for the residents. A required element to afford tax abatement to its citizens is the creation of a Reinvestment Zone, as stated in the Texas Local Government Code, Section 312. The City of Wichita Falls, by designating this Reinvestment Zone, will promote rehabilitation of single-family homes, multi-family housing, commercial properties, and economic development in the Heart of the Falls Revitalization area. The proposed Reinvestment Zone to be discussed in this public hearing is better described in Exhibit A. PAGE 1 OF 7 AGENDA ITEM No. 6E Prior to executing tax abatement agreements, the City must establish a Reinvestment Zone. Prior to establishing a Reinvestment Zone, the City, as required, published a notice of this Public Hearing. At least seven days prior to this action, the City published the following notification of this action: The Wichita Falls City Council will hold a public hearing in the Seminar Room, MPEC, 1000 5th Street, Wichita Falls, Texas on June 3rd, beginning at 8:30 a.m. for the purpose of.. (1) considering designating, as a reinvestment zone, the following area: Heart of the Falls Neighborhood Revitalization Area; (2) determining eligibility of zones for tax abatement; and (3) finding that the improvements sought are feasible, practical, and would be a benefit to the zone after the expiration of the tax abatement agreement under Texas Tax Code §312.204. Recommendation Staff and the Neighborhood Revitalization Committee conducted a public hearing at Travel Center Conference room on May 13th, and, after consideration, recommends the approval by a 4-0 vote to the City Council. Staff recommends the approval of the ordinance. ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: Exhibit A — Boundary Description and Map of Proposed Heart of the Falls Reinvestment Zone; Exhibit B — Resolution 58-2025; Exhibit C— Proper Notice of Public Hearing; Exhibit D — Proper Notice Published in Times Record News ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 7 AGENDA ITEM No. 6E EXHIBIT A Heart of the Falls Neighborhood Reinvestment Zone Boundaries Description & Map The Heart of the Falls Neighborhood Reinvestment area is bounded by Seymour Highway to the north, Kell Freeway to the south, Brook Avenue to the east, and Kemp Boulevard to the west. N AHeart of the Falls Reinvestment Zone " " ' i�, p SEYMOUR HWY ,.% ' rid: :a " CYi e � � A q iMPkr �y,� �' '�� . 3 t to r 17 a '' , "-' r rd iN r y :xL .'Y ,fi m a� r - a.1 �i6l e',�, {x�y,l w \.: 'fir # � ",�'a ti i �^js. 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M T :;*: *p.+ ., q� 1 ��ri �. r , `P� Legend 0 650 1,300 2,600 Feet ' I I I I I I I IHeart of the Falls Reinvestment Zone PAGE 3 OF 7 AGENDA ITEM No. 6E EXHIBIT B Resolution No. 58-2025 Consider a resolution declaring the City of Wichita Falls' eligibility and intention to participate in the Texas Tax Abatement Program to promote development and redevelopment, and adopt guidelines and criteria for tax abatement in the Heart of the Falls Neighborhood Revitalization Area WHEREAS, the City Council of the City of Wichita Falls, Texas, desires to promote the development/redevelopment of certain contiguous geographic areas within its jurisdiction known as Heart of the Falls Neighborhood Revitalization Area; and, WHEREAS, the City of Wichita Falls, Texas, is authorized to enter into Tax Abatement Agreements for commercial or residential purposes, as authorized by Chapter 312 of the Texas Tax Code; and, WHEREAS, the Texas Tax Code requires the City of Wichita Falls, Texas, to establish guidelines and create criteria for the designation of reinvestment zones, and to enter into Tax Abatement Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City of Wichita Falls, Texas, declares it is eligible for and intends to participate in a Tax Abatement Program. 2. The City of Wichita Falls, Texas, hereby establishes the following Guidelines and Criteria for Tax Abatement for use in the City's Heart of the Falls Neighborhood Revitalization Area Tax Abatement Programs: (1) The City Council of the City of Wichita Falls shall have the right, granted under Texas statutes, to approve or disapprove the creation of any recommended Tax Reinvestment Zone. (2) The Tax Reinvestment Zone must be reasonably likely to contribute to the retention or expansion of primary employment, or attract significant capital investment, or develop, redevelop a structure(s) that will benefit the City's economic and social wellbeing. (3) The Tax Reinvestment Zone authorization granted by the City Council must meet all criteria established by the authorizing legislation. (4) The Tax Reinvestment Zone must not require extraordinary capital improvement financing by the City. PAGE 4 OF 7 AGENDA ITEM No. 6E EXHIBIT B (5) The Tax Reinvestment Zone applicant must have a secondary impact on the local economy through the use of local contractors and service businesses. (6) The agreement to create Tax Reinvestment Zones will not exceed the maximum period allowed by law, of 10 years. (7) The agreement to create Tax Reinvestment Zones will prorate taxes on property improvements not less than 10%, nor more than 100%. (8) The City Council reserves the right to negotiate any other provisions with an individual allowed by law. PASSED AND APPROVED this the 20th day of May 2025. MAYOR ATTEST: City Clerk PAGE 5 OF 7 AGENDA ITEM No. 6E EXHIBIT C Department of Development Services Planning Division 1C }�� 705 8th Street,PO Box 1431 �Iii Wichita Falls TX 76301 r e x n s (940)761-7451 AtiresA/BS 4ridea OfirriUritm5 May 20,2025 The Honorable Jim Johnson County Judge Wichita County,Texas 900 7th Street,Room 260 Via Email;Jim.Johnson(,,co.wichita.tx.us;and Wichita Falls,Texas 76301 CMRRR No. 7014 1820 0000 3038 9361 Ms.Katherine McGregor President,Board of Trustees Wichita Falls Independent School District 1104 Broad Street Via Email;kmcgregor@wfisd.net; and Wichita Falls,TX 76301 CMRRR No. 7014 1820 0000 3038 9378 Re: Notice of Public Hearing Pursuant to Section 312.201 of the TEXAS TAX CODE Dear Judge Johnson and President McGregor: Pursuant to the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code,he City Council of the City of Wichita Falls will hold a public hearing in the Seminar Room of the MPEC building at 1000 5th Street on Tuesday,June 3,2025,beginning at 8:30 a.m.for the purpose of a hearing on: 1) Considering designating,as a reinvestment zone,property shown on Exhibit A; 2) Determining the eligibility of the zone for residential&commercial tax abatement;and 3) Finding that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the municipality after the expiration of an agreement entered into under Texas Tax Code§312.204. This notice is intended to comply with Section 312.201(d) of the Texas Tax Code, which states that...Not later than the seventh day before the date of the hearing,notice of the hearing much be... (2) delivered in writing to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zones. Please call me if you have any questions concerning this notice or other aspects of this proposed action. Sincerely, abian Medellin,AICP Planning Manager fabian.medeIli rawichitafall stx.gov CITY OF WICHITA FALLS 1300 7th Street•P.O.Box 1431 •Wichita Falls,Texas 76307•t:(940)761-7451 www,wi ch i tafa l I s tx.gov PAGE 6 OF 7 AGENDA ITEM No. 6E EXHIBIT D Times Record News Public Notices Originally published at timesrecordnews.com on 05/25/2025 NOTICE OF PUBLIC HEARING (100-6110) The Wichita Falls City Council will hold a public hearing on Tuesday, June 3rd, 2025 at 8:30 a.m. in the Seminar Room, MPEC, 1000 5th Street, Wichita Falls, Texas for the purpose of: (1)Considering designating, as a reinvestment zone, the property located north of Kell Freeway, southof Seymour Highway, east of Brook Avenue, and west of Kemp Boulevard, also known as the Heartof the Falls Neighborhood Revitalization Area. (2)Determining the eligibility of the zone for residential & commercial tax abatement; and (3)Finding that the improvements sought are feasible and practical and would be a benefit to the landto be included in the zone and to the municipality after the expiration of an agreement entered intounder Texas Tax Code §312.204. If you have any questions concerning these items, please call the City Planning Division, 940-761-7451. PAGE 7 OF 7 AGENDA ITEM No. 6E CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Ordinance designating the boundaries of the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone INITIATING DEPT: Development Services/ Planning Division STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Develop a Neighborhood Redevelopment Plan and Program COMMENTARY: • April 15, 2025 — City Council adopts the Heart of the Falls Neighborhood Revitalization Plan, including tax abatement incentives. • May 13, 2025 — The CWFRAC voted to recommend the presentation to City Council and adoption of the Reinvestment Zone designation for tax abatement purposes. • May 20, 2025 - City Council approves Resolution No. 58-2025 to participate in a Texas Tax Abatement Program. Notices sent to Taxing Entities. • May 25, 2025 — Public Notice in the Times Record News. Staff were tasked with the goal of aiding and turning around declining neighborhoods in both strategic plans in 2017 and 2019. On April 15th, 2025, the City Council adopted the Heart of the Falls Neighborhood Revitalization Plan that contains the plans for a Neighborhood Empowerment Zone (NEZ) to offer incentives to developers and homeowners in the area. One of the incentives proposed was a tax abatement to promote the creation or rehabilitation of affordable housing, increase economic development, and improve the quality of life for the residents. A required element to afford tax abatement to its citizens is the creation of a Reinvestment Zone, as stated in the Texas Local Government Code, Section 312. The City of Wichita Falls, by designating this Reinvestment Zone, will promote rehabilitation of single-family homes, multi-family housing, commercial properties, and economic development in the Heart of the Falls Revitalization area. The proposed Reinvestment Zone to be discussed in this public hearing is better described in Exhibit A. Prior to executing tax abatement agreements with the County, state law requires that the City must adopt Guidelines and Criteria for the designation of a reinvestment zone, and then establish the Reinvestment Zone. Additionally, state law requires that, before PAGE 1 OF 8 AGENDA ITEM No.6F establishing a reinvestment zone, the City must conduct a public hearing, publish notice of said hearing, and send notice of the hearing to the other taxing entities located in the vicinity of the proposed reinvestment zone. The city has fulfilled all these requirements. ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 8 AGENDA ITEM No.6F Ordinance No. Ordinance designating the properties located in the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone WHEREAS, the City Council desires to promote revitalization by development and redevelopment of the Heart of the Falls Revitalization Area within its jurisdiction by the creation of a Reinvestment Zone, as codified in Chapter 312 of the Texas Tax Code and known as the Property Redevelopment and Tax Abatement Act; and, WHEREAS, a public hearing before the City Council was held on May 20, 2025, being at least seven days after the date of publication of the notice of such public hearing in a newspaper of general circulation in the City of Wichita Falls; and, WHEREAS, the City has called a public hearing and published notice of such public hearing, and has properly notified the proper official of Wichita County and the Wichita Falls Independent School District, as required by the Act; and, WHEREAS, upon such hearing being convened, there was presented proper proof and evidence that notices of such hearing had been published and mailed as described above; and, WHEREAS, the City, at such hearing, invited any interested person, or his attorney, to appear and contend for or against the creation of the Reinvestment Zone, which include the properties in the Heart of the Falls Neighborhood Revitalization Area and contained within Exhibit A as the "Heart of the Falls Reinvestment Zone"; and, WHEREAS, all owners of property located within the proposed Reinvestment Zone, and all other taxing units and other interested persons, were given the opportunity at such public hearing to protest the creation of the proposed Reinvestment Zone or the inclusion of their property in such Reinvestment Zone; and, WHEREAS, the proponents of the Reinvestment Zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Reinvestment Zone; and, WHEREAS, after considering all testimony and evidence offered at the public hearing, the City Council finds that improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Zone, will be of general benefit to the City of Wichita Falls, and that it will be in the public interest to pass this ordinance creating a Reinvestment Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . In accordance with Chapter 312 of the Texas Tax Code, the City has held PAGE 3 OF 8 AGENDA ITEM No.6F a public hearing in this matter and adopts the findings herein. 2. The City, after conducting a public hearing and having heard evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: a. The public hearing on the adoption of the Reinvestment Zone has been properly called, held, and conducted, and that notice of such hearing has been published as required by law; b. The City has jurisdiction to hold and conduct this public hearing on the creation of the proposed Reinvestment Zone, pursuant to the Act; c. The creation of the proposed Reinvestment Zone will result in benefits to the City, its residents, and property owners, and to the property, residents, and property owners in the Reinvestment Zone; d. The improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the City after the expiration of an agreement entered into under Section 312.204 of the Act; e. The improvements sought, development and redevelopment, are feasible and practical and would be a benefit to the zone after the expiration of the tax abatement agreement; f. The City's criteria for tax abatement are met, as set out by Resolution 58- 2025, as shown in Exhibit B, and the designation of the zone is reasonably likely to contribute to the retention or expansion of primary employment or to attract major capital investment that will benefit the City's economic development; g. The development and redevelopment will have a secondary impact, through the use of local contractors, benefit housing stock, and the local economy; h. Proper notice was given of this public hearing to the presiding officers of Wichita County and the Wichita Falls Independent School District; and i. Notice of this public hearing was published in the Times Record News, a paper of general circulation, on May 25, 2025, a date that was no later than the 7th day before this hearing. 3. The City hereby creates a Reinvestment Zone over the area described in Exhibit A, and such Reinvestment Zone shall hereafter be identified as the Heart of the Falls Reinvestment Zone. 4. The operation of the Reinvestment Zone shall commence immediately upon PAGE 4 OF 8 AGENDA ITEM No.6F passage of this ordinance for a period of ten years or may terminate sooner by subsequent ordinance. 5. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. 6. The contents of the notice of public hearing, which was held before City Council on this date, and the publication of notices thereof as required by law, are hereby ratified, approved, and confirmed. IT IS SO ORDAINED. PASSED AND APPROVED this the 3rd day of June, 2025. MAYOR ATTEST: City Clerk PAGE 5 OF 8 AGENDA ITEM No.6F EXHIBIT A Heart of the Falls Neighborhood Reinvestment Zone Boundaries Description & Map The Heart of the Falls Neighborhood Reinvestment Zone is bounded by Seymour Highway to the north, Kell Freeway to the south, Brook Avenue to the east, and Kemp Boulevard to the west. N w �. t `>":zk 4''' b-ex` t r s '.. 3.. i+:'. 'sue:?,. 'r °'r `. '7,--- ,Aa; y Heart of the Falls Reinvestment Zone ,2";:_,,17.',,,..,,,,,-,,.:'::.,-;;,i. .4..,.....:„. ., er , .. 1' t t BEYMOUR,HNY . � a •e he" :,_ 3 k : A' 1 a"I . A = A;� 4 r i At ' -0 d 1 m .w , � rep ® _ G ' _ a r Y a - .e, �.,t, , � , - .y{„+'dew"` w . T t V.' +i1 �yy p I ,. Legend - 14 0 650 1300 2,600 Feet ,(4 I I I I I I Heart of the Falls Reinvestment Zone PAGE 6 OF 8 AGENDA ITEM NO.6F EXHIBIT B Resolution No. 58-2025 Consider a resolution declaring the City of Wichita Falls'eligibility and intention to participate in the Texas Tax Abatement Program to promote development and redevelopment, and adopt guidelines and criteria for tax abatement in the Heart of the Falls Neighborhood Revitalization Area WHEREAS, the City Council of the City of Wichita Falls, Texas, desires to promote the development/redevelopment of certain contiguous geographic areas within its jurisdiction known as Heart of the Falls Neighborhood Revitalization Area; and, WHEREAS, the City of Wichita Falls, Texas, is authorized to enter into Tax Abatement Agreements for commercial or residential purposes, as authorized by Chapter 312 of the Texas Tax Code; and, WHEREAS, the Texas Tax Code requires the City of Wichita Falls, Texas, to establish guidelines and create criteria for the designation of reinvestment zones, and to enter into Tax Abatement Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City of Wichita Falls, Texas, declares it is eligible for and intends to participate in a Tax Abatement Program. 2. The City of Wichita Falls, Texas, hereby establishes the following Guidelines and Criteria for Tax Abatement for use in the City's Heart of the Falls Neighborhood Revitalization Area Tax Abatement Programs: (1) The City Council of the City of Wichita Falls shall have the right, granted under Texas statutes, to approve or disapprove the creation of any recommended Tax Reinvestment Zone. (2) The Tax Reinvestment Zone must be reasonably likely to contribute to the retention or expansion of primary employment, or attract significant capital investment, or develop, redevelop a structure(s) that will benefit the City's economic and social wellbeing. (3) The Tax Reinvestment Zone authorization granted by the City Council must meet all criteria established by the authorizing legislation. (4) The Tax Reinvestment Zone must not require extraordinary capital improvement financing by the City. PAGE 7 OF 8 AGENDA ITEM No.6F (5) The Tax Reinvestment Zone applicant must have a secondary impact on the local economy through the use of local contractors and service businesses. (6) The agreement to create Tax Reinvestment Zones will not exceed the maximum period allowed by law, of 10 years. (7) The agreement to create Tax Reinvestment Zones will prorate taxes on property improvements not less than 10%, nor more than 100%. (8) The City Council reserves the right to negotiate any other provisions with an individual allowed by law. PASSED AND APPROVED this the 20th day of May 2025. r ,frt./ MAYOR ATTEST: €r'Ffe'W,•4)C; f,•atiq City Clerk PAGE 8 OF 8 AGENDA ITEM No.6F CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Public Hearing concerning the designation and creation a Neighborhood Empowerment Zone (NEZ), located in the Heart of the Falls Neighborhood Revitalization Area, and directing staff to implement incentives, strategies, property maintenance codes, and design guidelines outlined, as an element to the Heart of the Falls Neighborhood Revitalization Plan as previously adopted by the City Council INITIATING DEPT: Development Services/ Planning Division STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Develop a Neighborhood Redevelopment Plan and Program COMMENTARY: 1. March 21, 2017 — City Council Adopts the Strategic Planning Report with the goal to Accelerate Economic Growth through the objective to Support Neighborhood Revitalization 2. March 5, 2019 — City Council adopts the Strategic Planning Report with the goal of accelerating economic growth through the objective to Revitalize Depressed and Declining Neighborhoods. 3. Fall/Winter 2021/2022 — Staff began to conduct neighborhood meetings for input on community needs in the Central WF Revitalization Area (CWFRA). 4. May 7, 2024 — City Council established the Central Wichita Falls Revitalization Area Committee (CWFRAC). It has since begun meeting bi-weekly to discuss community needs and how to address them through the researched programs and initiatives. 5. April 1 , 2025—The CWFRAC voted to recommend the presentation to City Council and adoption of the draft Heart of the Falls Neighborhood Revitalization Plan. 6. April 15, 2025 — City Council adopts the Heart of the Falls Neighborhood Revitalization Plan that includes tax abatement incentives. 7. May 13, 2025 — The CWFRAC voted to recommend the presentation to City Council and adoption of the Heart of the Falls Neighborhood Empowerment Zone (NEZ) designation for tax abatement purposes. Chapter 378 of the Texas Local Government Code authorizes a municipality to establish a Neighborhood Empowerment Zone (NEZ) if it determines that doing so would promote one or more of the following goals: 1. The development of affordable housing, including manufactured homes, within the zone; 2. The stimulation of economic growth in the zone; 3. The enhancement of social services, education, or public safety available to residents of the zone; or 4. The rehabilitation of affordable housing within the zone. PAGE 1 OF 70 AGENDA ITEM No. 6G Through the adoption of this Neighborhood Empowerment Zone that includes a Tax Abatement Policy, Basic Incentives, Property Maintenance Code, and Design Guidelines, the City aims to encourage the rehabilitation of single-family and multi-unit housing and foster economic development within designated Neighborhood Empowerment Zones. The eligible incentives contained in the NEZ are waivers of the following fees; 1 . Building Permit Fees 6. Fire Permit Fees 2. Plan Review Fees 7. Sprinkler System Permit Fees 3. Plumbing Permit Fees 8. Demolition Fees 4. Electrical Permit Fees 9. Landfill Fees 5. Mechanical Permit Fees 10.City Platting Fees The NEZ also contains the Lien Release Program, headed up by the Property Management Department. The Lien Release Program affords property owners a release of liens attached to properties as a result of demolitions or expenditures associated with cutting high grass. The release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area, where the proposed improvement amount will be greater than the lien amount plus interest. Another highly anticipated incentive in the NEZ is the Municipal Property Tax Abatement Agreements. For each NEZ, the City Council may authorize additional terms and incentives as allowed under Chapter 378 of the Texas Local Government Code or by City Council resolution. Any tax abatement granted prior to the expiration of a NEZ will remain in effect for the full duration specified in the City Council-approved tax abatement agreement. Eligible property owners inside the NEZ can apply for 100% Abatement of City Ad Valorem taxes up to 5 years and a percentage up to 10 years on the value attributed to the improvement on the property for residential, multi-family, and commercial structures. All property values in the Neighborhood Empowerment Zone will be based on values assessed by the Wichita Appraisal District. In accordance with state law, this property tax abatement policy applies exclusively to real property owners. All applications will undergo an administrative review process, with final approval granted by the City Council. Another element listed is the Neighborhood Empowerment Zone (NEZ) Design Guidelines, which are an important tool for revitalizing and improving the neighborhood. NEZ Design Guidelines are created to help conserve the original neighborhood's most valuable design characteristics while facilitating new development that supports and improves the existing neighborhood. The final element in the NEZ is the introduction of a Property Maintenance Code that aims to keep properties in optimal condition, extend their lifespan, and prevent costly repairs. A property maintenance code sets the minimum standards for maintaining buildings and structures to ensure they are safe and habitable. These codes are designed to protect public health, safety, and welfare. PAGE 2 OF 70 AGENDA ITEM No. 6G Only properties that participate in the Neighborhood Empowerment Program will be subject to the Design Guidelines and Property Maintenance Code. Recommendation Staff conducted a public neighborhood meeting at the Travel Center Conference room along with the Neighborhood Revitalization Committee on May 13th, 2025, and, after consideration, recommends the approval by a 4-0 vote to the City Council. Staff recommends the approval of the ordinance. ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: Exhibit A —Ariel Boundary Map; Exhibit B — Heart of the Falls Neighborhood Empowerment Zone; Exhibit C — Design Guidelines; Exhibit D — Property Maintenance Code; Exhibit E — NEZ Application; Exhibit F — Tax Abatement Flowchart; ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 3 OF 70 AGENDA ITEM No. 6G Ordinance No. Ordinance designating and creating a Neighborhood Empowerment Zone (NEZ), located in the Heart of the Falls Neighborhood Revitalization Area, and directing staff to implement incentives, strategies, property maintenance codes, and design guidelines outlined, as an element to the Heart of the Falls Neighborhood Revitalization Plan as previously adopted by the City Council. WHEREAS, the staff actively engaged the neighborhood through the aid of community partners to include the neighborhood's aspirations and goals for the program, and, WHEREAS, the City Council established the Central Wichita Falls Revitalization Area Committee (CWFRAC) to discuss community needs and how to address them through the researched programs and initiatives; and, WHEREAS, the City Council on April 15, 2025, adopted the Heart of the Falls Neighborhood Revitalization Plan (Resolution No. 42-2025) and directed the City staff to develop approaches to implementing the strategies and programs; and, WHEREAS, the city staff has reviewed this proposal and recommends approval of the Neighborhood Empowerment Zone (NEZ); and, WHEREAS, the City Council on June 3, 2025, adopted an ordinance designating the boundaries of the Heart of the Falls Neighborhood Revitalization Area as a Reinvestment Zone; and, WHEREAS the State of Texas, through the Neighborhood Empowerment Zone program, as codified in Section 378 of the Texas Local Government Code, has provided municipalities a framework and authorization to provide certain incentives to both residential and commercial property owners, with the goal of achieving redevelopment of targeted areas by creation of a Neighborhood Empowerment Zone; and, WHEREAS the City of Wichita Falls, pursuant to Section 378.003, makes the necessary findings that the City and area within the Heart of the Falls NEZ will benefit the area, and serve the public purpose of increasing public health, safety, and welfare of persons in the municipality; and, WHEREAS creation of the zone by the City Council does satisfy the requirements set forth in Section 378.002; and, WHEREAS, the City Council also supports the attached guidelines, which set the general framework for how the NEZ will incentivize development and redevelopment within the boundary of the Zone; PAGE 4 OF 70 AGENDA ITEM No. 6G NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. That the City Council hereby designates the area described in the attached boundary description and attached map "Exhibit A" as the Heart of the Falls Neighborhood Empowerment Zone. 2. The City Council further resolves that the Planning Department will be responsible for the program, and authorizes that Department to oversee and administer procedures for implementation of the program. 3. The City Council further resolves that the attached guidelines, "Exhibit B," will serve as the framework for the implementation of the program. PASSED AND APPROVED this the 3rd day of June, 2025. MAYOR ATTEST: City Clerk PAGE 5 OF 70 AGENDA ITEM No. 6G Exhibit A The area for creation and designation of the Heart of the Falls Neighborhood Empowerment Zone #1 , also known as the Heart of the Falls Revitalization Area, is bounded by Seymour Highway to the north, Kell Freeway to the south, Brook Avenue to the east, and Kemp Boulevard to the west. NzM. �" ,, , ` ,,:' A , Heart of the Falls Neighborhood Empowerment Zone ,„ � • s ' B y'r �r x R .. IC •.,‘, ^ A ESEYMOUR HVVt ' ;: t y `-# 4'' A . ' s w' 0 j { ' pry 14c. F e itit DIY .. ,1 ;6 3._ S+ q r.• : �.. r .. N v , ' I fin d � v i _ * A t 5J _- $ ,;, �; . 1 , - '',._ : . . ' .,,,... r ) ' t II Pi , -; -_, ,� P- A ;" Legend 0 650 1,300 2,600 Feet I I I I I I I I Heart of the Falls Neighborhood Empowerment Zone PAGE 6 OF 70 AGENDA ITEM No. 6G Exhibit B City of Wichita Falls VA)(C. 414 a Neighborhood Empowerment Zone (NEZ) TEXAS Municipal property tax abatements, fee waivers and release of city liens are available to property owners who build or rehabilitate property within a NEZ. These incentives are designed to promote affordable housing, economic development and expanded services. I. GENERAL PURPOSE & PROGRAM GOALS Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation of the zone would promote: • The creation or rehabilitation of affordable housing, including manufactured housing, in the zone; • An increase in economic development; • Improving the quality of social services, education, and/or public safety provided to the residents of the NEZ The City of Wichita Falls, by adopting the following NEZ Tax Abatement Agreement Policy and Incentives, will promote rehabilitation of single-family homes, multi-family housing, commercial properties, and economic development in the Neighborhood Empowerment Zone(NEZ). The City Council may approve additional terms and incentives as permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution. However, any tax abatement agreement awarded before the NEZ expires shall carry its full term according to its tax abatement agreement approved by the City Council. The property tax abatement agreement under this policy applies to real property owners. All applications shall undergo administrative review, and approval will be granted by the City Council. The life of the NEZ shall be a length of ten (10) years. Upon the end of the ten (10) years, the life of the NEZ can be extended with approval from the City Council. II. INCENTIVES For NEZ applicants, the following fee waivers, including, but not limited to, are reviewed and may be granted on a case-by-case basis. 1. Building Permit fees 2. Plan Review fees 3. Plumbing Permit fees 4. Electrical Permit fees 5. Mechanical Permit fees 1 I 9 PAGE 7 OF 70 AGENDA ITEM No. 6G 6. Fire Permit fees 7. Sprinkler System Permit fees 8. Demolition fees 9. Landfill fees 10. City Platting Fees 11. Lien Release Program In order to render properties in the Neighborhood Empowerment Zone more marketable, the Lien Release Program affords property owners a release of liens attached to properties as a result of demolitions or expenditures associated with cutting high grass. The release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area where the proposed improvement amount will be greater than the lien amount plus interest. To apply for the Lien Release Program a meeting with the Property Administrator will be required to discuss the lien release process, scope of the project, and determine eligibility, after which time Property Management staff will provide; a. The lien amount and approximate interest that shall be incurred depending on project completion date; and b. A Development Agreement will be required, along with documentation of expenses (e.g., receipts or other proof of expenditures). 12. Municipal Property Tax Abatement Agreement a. The final valuation determined by the Wichita Appraisal District will be used to determine the value eligible for tax abatement exemption January 1st of each year. b. The tax abatement shall be granted only to the property owner. c. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Wichita Falls codes. d. All tax abatement agreements will be effective January 1st following completion of work. e. There shall be no retroactive tax abatement exemptions all tax abatement exemptions become effective January 1st after the date City Council approves the tax abatement agreement. f. The applicant shall agree to hold the City of Wichita Falls, its agents, employees, and public officials harmless and pay all attorney's fees that are generated by any dispute regarding the tax abatement agreement. g. Only real property, not personal, identified before the period covered by the abatement agreement will not be eligible for abatement. h. Annual application with the Wichita Appraisal District is required. III. TAX ABATED PROPERTIES Eligible property owners inside of the NEZ can apply for 100% Abatement of City Ad Valorem taxes up to 5 years and a percentage up to 10 years on value attributed to the improvement on the property for residential, multi-family and commercial structures. Page 219 PAGE 8 OF 70 AGENDA ITEM No. 6G All property values in the Neighborhood Empowerment Zone will be based on values assessed by the Wichita Appraisal District. Tax abatements will be effective January 1st after a Certificate of Occupancy (for new construction) or the final inspection has been passed by the Building Inspections Department of the City of Wichita Falls for the project. 1. 100% Abatement of City Ad Valorem taxes up to 5 years on the increased property value to the eligible improvements. A property owner shall be eligible to apply for a 5-year tax abatement by meeting the following: a. Property is constructed or rehabilitated after NEZ designation and City Council approval of the tax abatement; b. Property owner must perform Eligible Rehabilitation on the property after NEZ designation equal to a minimum 10% of the Base Value of the property, before rehabilitation; and c. Property is not in a tax-delinquent status when the abatement application is submitted; and d. Property is in conformance with the City of Wichita Falls Zoning Ordinance. 2. Abatement of City Ad Valorem taxes up to 10 years A property owner shall be eligible to apply for a 10-year tax abatement by meeting the following: a. Property is constructed or rehabilitated after NEZ designation and City Council approval of the tax abatement; b. Property owner must perform Eligible Rehabilitation on the property after NEZ designation equal to a minimum of 51% of the Base Value of the property before rehabilitation; and c. Property is not in a tax-delinquent status when the abatement application is submitted; and d. Property is in conformance with the City of Wichita Falls Zoning Ordinance. Years 1-5 Year 6 Years 7-8 Years 9-10 100% 75% 50% 25% IV. CRITERIA 1. Eligible Projects a. Windows b. Roofs c. Siding d. Additions e. Plumbing (sewer) f. Electrical g. Mechanical (HVAC) h. Foundation Repairs i. Insulation j. Gutters k. Driveways and/or sidewalks b � 3 1 9 PAGE 9 OF 70 AGENDA ITEM No. 6G 1. Any repairs/upgrades to facades visible from the right-of-way(i.e. doors, shutters, and/or porch improvements) m. Landscaping: i. Removal or trimming of trees currently causing structural foundations and or facades issues. n. Exterior Painting (when included with any eligible item listed above) o. Signage (commercial) p. Parking Lots (commercial) 2. Eligibility Criteria a. The property/project must be located within the NEZ. b. The Owner/developer must submit a completed NEZ application to the City prior to beginning work. c. The Owner/developer must not be delinquent in paying property taxes for any property they own. d. The Owner/developer must not have any active City liens filed against any property owned by them outside of the NEZ. e. The Owner/developer must not have any active City tickets or warrants outstanding for properties outside of the NEZ. 3. Ineligible Projects a. Sexually oriented businesses b. Slot Machine Businesses e. Stand-alone bars or liquor stores d. Non-residential mobile structures e. Tobacco Sales Businesses f. Smoke:iVape/Hemp Businesses V. DES ICN ( UIDELINl S All proposed projects must follow the Neighborhood Empowerment Zone (NEZ) Design Guidelines and continue to meet the Neighborhood Revitalization Property Maintenance Code. 1. All applications for NEZ incentives must meet the following design requirements for certification. a. No metal buildings except for industrial projects. b. Attached garages for new single-family homes may not extend more than 4 feet past the front building wall. VI. PROCEDURAL STEPS 1. Application Submission a. The applicant applying for any NEZ incentives must complete and submit a City of Wichita Falls "Application for NEZ Incentives"to the Development Services Department. The application review,evaluation,and approval will be governed by the City of Wichita Falls Central Neighborhood Empowerment Zone Basic Incentives and Tax Abatement Policy for qualifying Development.Projects. Page 419 PAGE 10 OF 70 AGENDA ITEM No. 6G b. All NEZ certifications for incentives expire after one (1) year and are project and owner-specific. Minor modifications to an existing certification may be made with correct documentation. Minor modifications will not change or extend the original certification date. New or additional projects at the same address or in the same development will require a new application for project certification. c. City Council may change NEZ boundaries or terminate NEZ areas. Projects that have been certified eligible for basic incentives will maintain eligibility for the original 5 years from the certification date. The certification date will not be modified or extended. 2. Certifications for Applications A. In order for a property owner/developer to be eligible to apply for any NEZ incentives for a Project,the property owner/developer: a. Must submit a complete application to the City with all required documentation; b. Must not be delinquent in paying property taxes for any property owned by the owner/developer or applicant; c. Must not be responsible for City of Wichita Falls liens on other properties located outside of the NEZ boundaries; d. Must not have any City liens filed against any property owned by the applicant or property owner/developer, located outside of the NEZ boundaries. "Liens" includes but is not limited to,weed liens, demolition liens,board-up/open structure liens and paving liens; e. Must not have been subject to a City Council's Order of Demolition where the property was demolished within the last five (5)years; f. Must not have a building permit issued with the City for a project listed on the NEZ application, at the address located inside the NEZ boundaries; and g. Must apply for NEZ incentives before any improvements are made to the project property. B. The Neighborhood Services Department will review all NEZ applications for accuracy and completeness. A complete application must include: a. Proof that the Project is located in a NEZ; b. A completed NEZ application; c. Attachment of all items on the NEZ Application Submittal Requirement Checklist; and d. Compliance with the design guidelines under Section V. Once the Neighborhood Services Department determines that the application is complete, the Neighborhood Services Department will certify the property owner/developer's eligibility to receive basic incentives and/or tax abatement based on the criteria set forth in this policy. Ineligible applications will be denied. Once an applicant's project is certified, the Neighborhood Services Department will inform the appropriate departments administering the incentives. Page 519 PAGE 11 OF 70 AGENDA ITEM No. 6G Approval of the application and Project certification shall not be deemed to be approval of any aspect of the Project. Before construction, the applicant must ensure the project is in the correct zoning district. VII. WAIVER OF FEES 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. VIII. TAX ABATEMENT GUIDELINES A tax abatement shall not be granted for any development project in which a building permit application, excluding grading and/or demolition, has been filed with the Development Services Department. In addition, the City will not abate taxes on the value of real property for any period of time prior to the year of execution of a Tax Abatement Agreement with the City. 1. If a project is not completed as specified or if the terms of the abatement agreement are not met, the City of Wichita Falls has the right to cancel or amend the abatement agreement. All previously waived fees and abated taxes shall become due to the City of Wichita Falls, and liens may be reattached. 2. No incentive rights or abatement agreements may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. 3. Tax Abatement Agreement for rehabilitation will not take effect until January 1st after the project is complete, as per the information submitted on the application. Construction must be completed, and a certificate of occupancy must be issued for the property. 4. In order to be eligible to apply for a tax abatement,the property owner/developer must: a. Not be delinquent in paying property taxes for any property owned by the owner/developer and; b. Not have any City of Wichita Falls liens filed against any property owned by the applicant property owner/developer outside of the NEZ boundaries. "Liens" include, but are not limited to, weed liens, demolition liens, board-up/open structure liens and paving liens. c. Not be delinquent in any outstanding tickets,fines or warrants owed to the City of Wichita Falls. 5. Projects to be constructed on property to be purchased under a contract for deed are not eligible for tax abatement agreements. 6. Once a property owner in the NEZ has an application for an abatement agreement approval and has satisfied the development criteria set forth, the tax abatement agreement with the City of Wichita Falls will begin on following January 1st after project completion. The tax abatement agreement shall automatically terminate if the property subject to the tax abatement agreement is in violation of the City of Wichita Page 619 PAGE 12 OF 70 AGENDA ITEM No. 6G Falls' Building Code, or Zoning Ordinances. The Wichita Appraisal District will be notified of non-compliance for the tax abatement agreement. 7. A tax abatement agreement granted under the criteria set forth can only be granted once for a property in a NEZ for a maximum term of as specified in the agreement. If a property on which tax is being abated is sold,the City of Wichita Falls may assign the tax abatement agreement for the remaining term once the new owner submits an application so long as the new owner complies with all of the terms of the tax abatement agreement. A property owner/developer of a multifamily development, commercial, industrial, community facilities and mixed-use development project in the NEZ who desires a tax abatement agreement must: a. Satisfy the criteria set forth, as applicable, and b. File an application with the Development Services Department, as applicable; and c. The property owner must enter into a tax abatement agreement with the City of Wichita Falls. In addition to the other terms of the agreement, the tax abatement agreement shall provide that the agreement shall automatically terminate if the owner receives one conviction of a violation of the City of Wichita Falls' Building Code regarding the property subject to the abatement agreement during the term of the tax abatement agreement; and d. If a property in the NEZ on which tax is being abated is sold, the new owner may enter into a tax abatement agreement on the property for the remaining term. 8. If the terms of the tax abatement agreement are not met,the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation,the recapture of all property tax revenue lost. 9. The terms of the agreement shall include the City of Wichita Falls' right to: (1)review and verify the applicant's property ownership (2) conduct an on-site inspection of the project in each year during the life of the abatement agreement to verify compliance with the terms of the tax abatement agreement (3) deny any project in conflict of City of Wichita Falls zoning ordinance. Upon review and/or onsite inspection, the City of Wichita Falls will immediately terminate the agreement if the Project contains any business ineligible for NEZ incentives. 10. Upon completion of construction of the facilities,the City of Wichita Falls shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to the City Council. On or before February 1st of every year during the life of the agreement, any individual or entity receiving a tax abatement from the City of Wichita Falls must provide information and documentation which details the property owner's compliance with the terms of the respective agreement and shall certify that the owner is in compliance with each applicable term of the agreement. Failure to report this information and to provide the required certification by the above deadline shall result in cancellation of agreement and any taxes abated in the prior year being due and payable. 11. If a property in the NEZ on which tax is being abated is sold,the new owner may enter into a tax abatement agreement on the property for the remaining term, as long as the Page 719 PAGE 13 OF 70 AGENDA ITEM No. 6G use of the premises does not change or violate the businesses that are not allowed by the NEZ. Any sale, assignment or lease of the property which is not permitted in the tax abatement agreement results in automatic cancellation of the agreement and recapture of any taxes abated after the date on which an unspecified assignment occurred. IX. TAX ABATEMENT APPLICATION PROCESS 1. Apply with the City of Wichita Falls for participation. 2. The property owner and the City of Wichita Falls will sign an abatement agreement that will be effective on January 1st after eligible work has been completed. An abatement agreement must be in place before the work begins. 3. City Council approves agreement. 4. Work completed on the property located inside the Neighborhood Revitalization Zone (NEZ). 5. Property owner will file annual abatement exemption application with the Wichita Appraisal District by April 30th of each year. 6. the Wichita Appraisal District will request compliance with the agreement for the City of Wichita Falls each year of the abatement agreement. 7. If the property is in compliance and application is complete the tax abatement will be applied. X. DENIED APPLICATIONS 1. NEZ applications will be denied 30 days after the date of submission if all required or additionally requested documentation is not received by the City of Wichita Falls. 2. The applicant will have 90 days after the date of denial to resubmit the NEZ application to the City of Wichita Falls. 3. Appeals for denied applications will be presented to the Wichita Falls Neighborhood Revitalization Committee or future Committee created and intrusted by the City Council to hear appeals. Definitions "Abatement or Tax Abatement" means a temporary partial exemption from City of Wichita Falls ad valorem taxes on eligible real property located in a NEZ for a specified period on the difference between;the amount of increase in the appraised value (as reflected on the certified tax roll of the Wichita Appraisal District) resulting from improvements included in the tax abatement agreement and begun after the execution of a written Tax Abatement Agreement; and the appraised value of such real estate prior to execution of a written Tax Abatement Agreement (as reflected on the most recent certified tax roll of the Wichita Appraisal District for January 1, prior to the date on which the Tax Abatement Agreement was executed). "Base Value" is the value of the real property, excluding land, as determined by the Wichita Appraisal District, as of January 1 prior to the effective date of the abatement agreement. "Building Code"the Wichita Falls City Code adopted code pursuant to the International Building Code. a c 8 1 9 PAGE 14 OF 70 AGENDA ITEM No. 6G "City of Wichita Falls Tax Abatement Policy Statement" means the policy adopted by the Wichita Falls City Council. "Commercial Development Project" is a development project which proposes to construct or rehabilitate commercial facilities on property that is (or meets the requirements to be) zoned commercial, or mixed use as defined by the City of Wichita Falls Zoning Ordinance. The building must be enclosed with walls, roof, windows, and stubouts. "Eligible Rehabilitation" includes only physical improvements to real property. Eligible Rehabilitation does NOT include personal property (such as furniture, appliances, equipment, and/or supplies). "k ixecl-t se Development Project" is a development project which proposes to construct or rehabilitate mixed-use facilities in which residential uses constitute 20 percent or more of the total gross floor area, and office,eating and entertainment, and/or retail sales and service uses constitute 10 percent or more of the total gross floor area and is on property that is (or meets the requirements to be)zoned mixed-use as described by the City of Wichita Falls Zoning Ordinance. "Multi family Development Project" is a development project which proposes to construct or rehabilitate mufti-family residential living units on property that is (or meets the requirements to be)zoned multifamily or mixed use as defined by the City of Wichita Falls Zoning Ordinance. "Neighborhood Empowerment Zone (NEZ)" is a municipality-created area that aims to improve neighborhood conditions by encouraging investment in housing, businesses, and services. NEZs are authorized by Chapter 378 of the Texas Local Government Code. "New Construction" is a newly constructed improvement requiring a permanent foundation. This excludes accessory structures such as sheds and incidental out buildings. "Primary Residence" is the residence that has a Homestead Exemption on file with Wichita Appraisal District. "Project" means a "Residential Project, " "Commercial Development Project, " "Community Facility Development Project," `Mixed-Use Development Project, " or a `Multifamily Development Project. " ' age 9I9 PAGE 15 OF 70 AGENDA ITEM No. 6G Exhibit C gi‘) Central Wichita Falls NEZ Design Guidelines Introduction Neighborhood Empowerment Zone(NEZ)Design Guidelines are an important tool for revitalizing and improving neighborhoods. In addition to the City's use of NEZ Design Guidelines to determine whether NEZ incentives will be awarded to projects,the guidelines are intended to be a resource for NEZ applicants, designers, architects, and City design reviewers. These Guidelines are not intended to be a design instruction manual. Each new development project seeking NEZ benefits should have competent designers who are well-versed in such matters. This document is intended to address specific neighborhood concerns, provide clear guidance on desired design features of new development, and lay the groundwork for positive communication regarding applications. Properly applied,the Central Wichita Falls Neighborhood Revitalization NEZ Design Guidelines will guide and inspire each applicant to embrace neighborhood compatibility as a positive contribution to community revitalization. Adherence to the principles embodied in the NEZ Design Guidelines will improve outcomes while also enhancing each individual development project. Why NEZ Strategic Plan Design Guidelines? NEZ Design Guidelines are created to help conserve the original neighborhoods most valuable design characteristics while facilitating new development that supports and improves the existing neighborhood. The Central Wichita. Falls Neighborhood Revitalization NEZ, Strategic Plan Design Guidelines are based on the following neighborhood design principles: • The neighborhood is a unique area with its own personality and borders. It can be likened to an open-air space where the community thrives. It encompasses the streets, trees, setbacks, and overall street layout, as well as the distinctive architectural features of the original buildings that give it its identity. This includes the arrangement of driveways, sidewalks, garages, porches, building styles, architectural details,and green spaces. • Buildings are the primary elements in the neighborhood, playing a crucial role in shaping its identity. When original structures set the neighborhood's character, new constructions and extensions should complement and reinforce that character. • The neighborhood's architectural identity is shaped by the diversity of its buildings. Despite the varied architectural styles, a common identity emerges through shared patterns among the most exemplary structures. These patterns manifest in similarities in mass, scale, complexity of form, and how buildings relate to the street and each other. The essence of the neighborhood is encapsulated by the original buildings that established these patterns, highlighting the importance of consistent elements in defining the character of an area. • Like community elders, the neighborhood's older buildings and formative elements hold great value for the community. They provide insight into our past, define our roots, and connect us to our culture, deserving respect and emulation. NEZ Design Guidelines 1 I P a g e PAGE 16 OF 70 AGENDA ITEM No. 6G 0) Central Wichita Falls NEZ Design Guidelines Applying NEZ Strategic Plan Design Guidelines The chart below identifies key steps in submitting and reviewing an application for NEZ incentives. To obtain NEZ incentives, each applicant must review the NEZ Strategic Plan Design Guidelines prior to starting project design and refer to design guidelines during the design process. Submitted projects are evaluated against the design guidelines to determine if the projects can receive NEZ incentives. The design guidelines are intended to shape the project design. Early design guidelines review can reduce the processing time for the NEZ application. Because NEZ applications require construction-level drawings, it is recommended that applicants submit schematic designs for preliminary evaluation before submitting a final application. Design adjustments may arise from the NEZ Design Review, and it is usually more efficient and cost-effective to incorporate those adjustments during schematic design rather than after construction drawings are complete. NEZ Strategic Plan Design Guidelines Flow Chart STEP 1—Research & Design Review the NEZ Strategic Plan Design Guidelines before starting project design and refer to the Design Guidelines during the design process. STEP 2—Application Submit a complete NEZ application with required attachments, including a site plan, floor plan, and elevations of eligible rehab items to Development Services. STEP 3—NEZ Design Review Application packets are sent to Planning Department staff to review the project design based on the NEZ Strategic Plan Design Guidelines. If necessary, changes are recommended to ensure the consistency of the project with the guidelines. STEP 4— Staff Recommendations Planning staff sends public notices to the City Council members and registered neighborhood STEP 5—Decision A Designated City staff member decides whether to approve or deny NEZ incentives based on program requirements, including a design review of eligible rehab items. NEZ Design Guidelines 2 PAGE 17 OF 70 AGENDA ITEM No. 6G 1111.A Central Wichita Falls NEZ Design Guidelines 1. ENERGY EFFICIENCY Construction of any new structures or rehabilitation of existing structures shall be done in such a way as to maximize energy efficiency while maintaining the neighborhood's character. 2. SETBACKS New construction and additions should include front setbacks that are consistent with the neighborhood pattern.For setback requirements,refer to the City of Wichita Falls Zoning Ordinance. 3. ADDITIONS TO EXISTING STRUCTURES A. Preservation of the Original Building a. All character-defining features on exterior facades that are visible from the public right-of-way (see City Zoning Ordinance Definitions) shall make the best effort to remain intact. b. Retain as much of the historic building fabric as possible in the construction of the addition. c. Do not partially demolish exterior walls that are visible from the public right-of-way to accommodate an addition B. Location&Height Locate additions as inconspicuously as possible. Consider the effect that the addition will have on the existing and neighboring buildings. Large additions may be constructed as separate buildings and connected to the existing building with a linking element such as a breezeway. a. Locate all additions toward the rear of the building. i. Never locate an addition flush with the original front facade or projecting beyond the original front facade. ii. Whenever possible, additions shall be located behind the original rear façade of the original building. iii. The minimum setback between the original facade and the addition shall complement the proportion and scale of the original building. b. Minimize the height of the addition. i. Design one-story additions to one-story buildings whenever possible. ii. Roof heights of new additions shall respect adjacent properties and conform to all City of Wichita Falls Zoning and Building codes. iii. Within a NEZ district, the roof height of the addition shall not be taller than the tallest contributing building on a similarly sized lot within the district. iv. Whenever possible, the roof form of the new addition shall not be visible above the ridgeline of the original roof when the front of the original building is viewed from the street. NEZ Design Guidelines 3 1 a g e PAGE 18 OF 70 AGENDA ITEM No. 6G St) Central Wichita Falls NEZ Design Guidelines Definitions This section defines certain terminology used in the design guidelines. Building Mass & Composition The manner in which the basic elements and forms of a building are arranged. Construction Drawings Construction drawings provide a graphic representation of what is to be built. Construction drawings should be concise and coordinated to avoid,wherever possible,ambiguity and confusion. Facade The faces or elevations of a building acevisible from a public way or space;usually, they are limited to the front face of a building in an urban environment. Facia Profiles The vertical frieze or band under a roof edge,which forms the outer surface of a cornice,is visible to an observer. Porte-Cochere A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles. Schematic Designs A rough drawing of a site plan, floor plans, elevations, and often illustrative sketches or computer renderings. Setbacks The required minimum front,side,or rear yard distance between abuilding or structure and the property line or private street easement line. Site Plan A plan showing the location of all the protected trees by size and species that are six inches or greater on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable, the protected trees desired to be removed,the protected trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any protected tree, and if applicable, a description on how the existing healthy protected trees proposed to be retained will be protected from damage from construction. NEZ Design Guidelines 4 I P a g e PAGE 19 OF 70 AGENDA ITEM No. 6G 61-4 Central Wichita Falls NEZ Design Guidelines UNDERSTANDING NEIGHBORHOOD PATTERNS Neighborhood Pattern These NEZ Strategic Plan Design Guidelines are concerned with conserving and improving upon the beneficial characteristics of the existing neighborhood buildings. We refer to those characteristics as patterns. Although each building will have its own unique features, proposed buildings in the NEZ area must be responsive to the overall neighborhood context. A sudden change in the building and neighborhood patterns can be visually disruptive and detract from the overall character of the neighborhood.New development should build on the common rhythms and elements of architectural expression found in the neighborhood. Things to look for in identifying and understanding neighborhood patterns: • The placement and styles of buildings that were part of the formative, original fabric of the neighborhood. • The extent to which newer buildings are or are not compatible with the neighborhood character. • Additions and new construction that is consistent with the neighborhood character and that of the best example buildings in the neighborhood. • The extent to which the neighborhood looks like it is a cohesive and unified whole while exhibiting architectural diversity and visual interest. The general location of houses on the street and the ways that those houses address the street, including porches, sidewalks, and landscaping. • The general height and mass ofthe houses in the neighborhood. • The extent of consistent neighborhood fabric,based on the original period of the houses and example residences which define the neighborhood character. • Parking and garage patterns. New Construction • .• • .• -.► . °. . . . . . • `-�•• .....� 1" C-1U0,aci El"' El 0 m ri in 0 Li EL o A .Ina antN j ri nri ■ arj maul I. •• • . • •.• r It +!• • .. . . . .. • Example Buildings ID a a liminDnuakElfl t 4 nntra zb 1:1 .1►.. . • .. . .. . . . .... . . . . . •. .. . • LfIn 41:1 h' a cJ i n rfi Et c iI LE T a jL`k ti rill p ri LL la n on: a njEfp • • . .. •. .■ i . •. . . •■ . . . . . .. • NEZ Design Guidehnes 5 PAGE 20 OF 70 AGENDA ITEM No. 6G O Central Wichita Falls NEZ Design Guidelines House Patterns The term"House Patterns"refers to the key architectural elements and design features of the houses that represent the most positive neighborhood patterns upon which the NEZ Strategic Plan Design Guidelines are based. It will be important for the design professional as well as the design reviewer to identify the best example houses in the neighborhood in order to generate a successful design and perform a meaningful review. Certain houses will stand out from the neighborhood fabric as clearly inconsistent. They will stand out not just because they are different but because they are more massive, less respectful of impacts on neighbors, or a markedly inconsistent architectural style. It is important not to consider"mistakes"from the past as important elements of a neighborhood. When considering additions to existing buildings — whether houses or commercial structures — consistency with the existing architecture will be a critical component of compatibility. New additions should harmonize with their existing buildings and the completed buildings should look like a cohesive design. Ideally,there should only be subtle evidence that an addition was completed. Things to look for in identifying and understanding patterns in an existing house: • The general architectural style. • The level of complexity of the footprint: are there lots of bays,porches,extensions, and appurtenances, or is the house plan simple and plain. • The type,slope,and configuration ofthe existing roof system. • The size,proportion,and style of openings such as doors,windows,and vents. • The details of the roof,including overhang dimensions,fascia profiles,trims,and supporting construction. • The details of appurtenances such as porches,including post sizes and configuration,railing details, roof intersections, and decorative components. • The details and construction of windows and doors,with particular attention to the window casing. If these houses represent the neighborhood housing pattern... ... then this house doesn't represent the housing pattern of the neighborhood. _ ,I . ,60\ Housing Patter Sample NEZ Design Guidelines 6 I ' age PAGE 21 OF 70 AGENDA ITEM No. 6G Central Wichita Falls NEZ Design Guidelines A - Sinale-Familv Buildinas Single-family buildings can be either"single-family detached"or"single-family attached"buildings(i.e. townhomes). Single-Family Detached +- A single, detached residential dwelling,which 4 0 addresses the street with stoop or porch entry. voirlil 4.11 441.• Q ll 411111111. Nr Single-Family Attached A two- or three-story building with three or more c, l �� attached dwelling units is consolidated into a single III - -__ ;y ®-�' - - structure with individual unit entrances (i.e., ! ��Nx 41i '---_- .1 '. townhomes). An elevated ground floor for -_ 1111 rr LC' residential uses is recommended to increase ',LLIii� L LL privacy when the building is close to the street. B-Multifamily Buildings Multifamily buildings include apartments,condominiums,and urban manor houses. Manor House o . A building with two to five attached dwelling 0.�-Il'G a Li fl p II n, o Q o n n units consolidated in a single structure. Dwelling u� nun o units within a building may be situated either `" 0 0 1 III wholly or partially over or under other dwelling 0 0 'I41110' 0____________ units. Manor houses are designed to look like a large single-family house. Apartment/Condominium A multifamily residential development type �°�°l qao l7 -' containing more than five units that often shares a nq 1� Tr - �,�p �b l q�q� �a a Q Q _ ��0 common entrance for some or all of the units. n uftiq 0 o o a a O O l9110 oOg III, NEZ Design Guidelines 7 I P a g e PAGE 22 OF 70 AGENDA ITEM No. 6G §11) Central Wichita Falls NEZ Design Guidelines C - Commercial, Institutional, and Mixed-Use Buildinas A commercial, institutional, or mixed-use building is at least one story in height with direct street entry. Types can include restaurants, office buildings, or retail. Mixed-use buildings typically include residential uses, often on upper floors. Commercial Buildings A development type designed for commercial uses. Ground floor spaces are flexible enough to �� u a accommodate a varietyof non-residential uses.L. �a d Upper stories are used for offices and/or other '11114414ll►Lr i_ ` i0 1if i 'kft types of compatible non-residential uses. Institutional Buildings A development intended to provide public or - privately-owned facilities that serve the public, including places for assembly/meeting las facilities (e.g., religious assembly), ,n;Q�'f7i1 congregate care homes, cultural institutions, health care facilities, museums, schools, community centers, and comparable facilities. �-- Mixed-Use Buildings u A development type with ground-floor retail or I 11 _�� restaurant uses and upper-story residential and/or office uses. 1 z, PIP p - Industrial Buildings A one-or two-story building is used for industrial purposes,including warehouses and manufacturing or assembly facilities. - ❑ ❑ NEZ Design Guidelines 8 Page PAGE 23 OF 70 AGENDA ITEM No. 6G 614 Central Wichita Falls NEZ Design Guidelines aSetbacks and Yards The character of a neighborhood is shaped by the location of buildings on the lots. A particular neighborhood may include large lots with buildings located near the center. Another neighborhood may include narrower lots with homes and front porches near the sidewalk. The general feel and walkability of the neighborhood are partly determined by how close homes are to the street and the other buildings. e) Massing and Roof Form The term mass refers to the overall appearance of a building and its apparent size and bulk. Mass includes actual and apparent components. The way the forms are sized directly relates to the way building elements are emphasized or deemphasized. Voids, or open spaces in the forms, can change the form's appearance and make the building more interesting and less imposing. Large houses look smaller when set against a large yard. The space between the houses in a neighborhood affects the perception of mass as much as the actual size of the building. Buildings that appear to be too large not only impact the neighborhood in a general way but also can have direct and significant effects on the immediate neighbors. Roof form refers to the shape of a roof, which can vary in many ways, including, angle and style. Some common roof types are; flat, gable, hip, gambrel, and monitor. eGarages and Driveways The location of driveways and garages is a defining factor in site accessibility and vehicle vs. pedestrian focus. New garages and garage additions should be consistent with the best pattern seen in the neighborhood. This will result in positive relationships between houses and consistent resulting outdoor spaces. Garage location affects the neighborhood in three ways: • It determines the location of drives and curb cuts. • It defines the quality of open space between residences. • It enhances or impedes residents' ability to see and participate in street and sidewalk activities. Garage location has a substantial effect in defining not only the neighborhood but also the character of the individual residences. In general, rear garages offer more positive benefits to the neighborhood while being more consistent with historical patterns in the neighborhood. They tend to generate a greater separation between buildings, creating a greater sense of space in the neighborhood as well as a sense of greater distance between neighboring houses. Rear garages also improve neighborhood safety and walkability by bringing windows, porches, and doors closer to the street, making it easier for residents to interact with the neighborhood and view street activity. By increasing the number of"eyes on the street,"neighborhood safety and security can be improved. NEZ Design Guidelines 9 1 P a g e PAGE 24 OF 70 AGENDA ITEM No. 6G Central Wichita Falls NEZ Design Guidelines SRoofs and Windows Roofs and windows can be some of the most notable and formative elements in defining neighborhood character.Numerous precedents exist in the neighborhood for variable roof slopes and forms. Prevalent architectural styles include combinations of sheds and gables, sheds and hips, and sloping and flat roofs. Typical windows should be observed and noted to understand and appreciate the neighborhood. Of interest should be the type of window, the ways in which window units are combined to make larger openings and the frequency of exceptional windows. Window locations, sizes, and forms in new development and redevelopment projects should be compatible with the best examples in the neighborhood to enhance the project's positive impacts on the neighborhood. 4g, Porches and Entries Porches and entries help to define the personality of houses and often represent a substantial physical component of each house. Porches of usable size serve the functional needs of entry and exit, while also creating an outdoor room in which the realms of public and private can interact in a friendly and visually appealing way. When actively used,they foster a sense of security by serving as the eyes of the neighborhood. They also generate a sense that the houses and the neighborhood are actively engaged. In many cases, they are the places in which we see and communicate with our neighbors most often. NEZ Design Guidelines 10 I P a g e PAGE 25 OF 70 AGENDA ITEM No. 6G (0114 Central Wichita Falls NEZ Design Guidelines Appropriate Examples of Massing and Roof Forms i These structures are in keeping with the character of the neighborhood, while f •" . . "ff m',, maintaining the original roof form and scale of ,,,� �. ��" ' --++ the building. r 0, §: 3 r oaf F ' { %. - '} ` �,," " i��"r The addition is set back from the front façade and mirrors the roof form of the original -. building. i. The addition is set flush with the original façade and does not destroy or detract from . � 4 „,i the character-defining features of the original 4.4 A. r ■ wC Al building. The materials and windows used are "'+"41111 in keeping with the original building. EM.1.11.1166- NEZ Design Guidelines 11 I P a g e PAGE 26 OF 70 AGENDA ITEM No. 6G rit) Central Wichita Falls NEZ Design Guidelines Inappropriate Examples of Massing and Roof Forms I The addition is set forward flush with the front façade, but the three-story scale P. _1 a -_i overwhelms the original building, and the roof form and fenestration pattern do not reflect the character of the original building. E .v. The addition's small scale doesn't match v. k the original building's simple form, creating visual competition. Jill 0000' ,,,,a,...,,,..„...- :,. it,,, :i.!‘ i.t.1:,.1„,,ify-0, --e-71,,, ,....,„.,.: r✓a '1,A,,:,-, , ,, 1 �tY t,b F 1'na ^ .., r �., ` .;'A6�..;0��il ' 4.1 The addition is set forward flush with the f 47 � h ,� ; r. a front façade of the original building. Y e' �"" mil_ ; The flat roof is not compatible with the -'Ti ^ character of the original building. = Modern or Contemporary design may be �a , _ _ appropriate for an addition, provided that j iNimmilin it is not visible from the right-of-way. NEZ Design Guidelines 12 I P a g e PAGE 27 OF 70 AGENDA ITEM No. 6G Exhibit D 41 ......-- City of Wichita Falls GA4iki � � Neighborhood Revitalization TEXAS Srr 5 es 4elefrit opportcu mec Heart of the Falls Neighborhood Revitalization PropertyMaintenance Code PAGE 28 OF 70 AGENDA ITEM NO. 6G City of Wichita Falls Neighborhood Revitalization CHAPTER 1 SCOPE AND ADMINISTRATION About this chapter. Chapter I establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two ports:Port1-Scope and Application (Sections 101 and 102)and Part 2-Administration and Enforcement(Sections 103-111).Section101 identifies which buildings and structures come under its purview and references other 1-Codes as applicable. This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement.The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the property owner and building occupants. Sections 105 and 106 have been extensively reorganized for the 2024 edition.For clarity,the relocation marginal markings have not been included.For complete information,see the Relocations table in the Preface information of this code. A QR code is placed at the beginning of any section that has undergone technical revision.To see those revisions,scan the QR code with a smart device or enter the 7-digit code beneath the QR code at the end of the following URL:gr.iccsofe.org/(see Formatting Changes to the 2024 International Codes for more information). PART 1 - SCOPE AND APPLICATION SECTION 101-SCOPE AND GENERAL REQUIREMENTS 101.1 Title. These regulations shall be known as the Property Maintenance Code of Heart of the Falls Neighborhood Revitalization Area, here in after referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 101.2.1Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existingstructures and premises that do not comply with these provisions shall be altered or repaired to provide a reason-able minimum level of health, safety and general welfare as required herein. 101.4 Severability. If a section,subsection,sentence,clause or phrase of this code is,for any reason, held to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code. SECTION 102-APPLICABILITY PAGE 29 OF 70 AGENDA ITEM No. 6G 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards,the provisions of this code shall apply.Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings,structures and premises. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe or insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions. 102.6 Structural analysis. Where structural analysis is used to assess a potentially unsafe structural condition,the analysis shall be permitted to use nominal strengths, nominal loads, load effects, required strengths and limit states in accordance with the requirements under which the structure was constructed or in accordance with any subsequent requirement. 102.7 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. 102.8.1 Conflicts.Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8.2 Provisions in referenced codes and standards.Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code,the provisions of this code, PAGE 30 OF 70 AGENDA ITEM No. 6G as applicable, shall take precedence over the provisions in the referenced code or standard. 102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. 102.10 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.11 Other laws.The provisions of this code shall not be deemed to nullify any provisions of local,state or federal law. PART 2-ADMINISTRATION AND ENFORCEMENT SECTION 103-CODE COMPLIANCE AGENCY 103.1 Creation of agency. The Code Enforcement Department of the City of Wichita Falls is hereby established and the official in charge thereof shall be known as the code official. The function of the agency shall be the enforcement of the provisions of this code. The Planning Department of the City of Wichita Falls is hereby established with the function of implementation and administration of the provisions of this code. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104-FEES 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established by the applicable governing authority. 104.2 Refunds. The code official is authorized to establish a refund policy. SECTION 105-DUTIES AND POWERS OF THE CODE OFFICIAL 105.1General. The code official is hereby authorized and directed to enforce the provisions of this code. 105.2 Determination of compliance.The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of this code's provisions. Such interpretations,policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code or other applicable codes and ordinances. PAGE 31 OF 70 AGENDA ITEM No. 6G 105.2.1 Technical assistance.To determine compliance with this code,the code official is authorized to require the owner or owner's authorized agent to provide a technical opinion and report. 105.2.1.1Cost.A technical opinion and report shall be provided without charge to the jurisdiction. 105.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer,specialist, laboratory or specialty organization acceptable to the code official.The code official is authorized to require design submittals to be prepared by, and bear the stamp of,a registered design professional. 105.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations. 105.2.1.4 Test methods. Where there is insufficient evidence of compliance with the provisions of this code,the code official shall have the authority to require tests as evidence of compliance.Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 105.2.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative is not specifically prohibited by this code and has been approved. Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code. 105.2.2.1 Approval authority. An alternative material, design or method of construction shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 105.2.2 through 105.2.2.7, as applicable. 105.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing,stating the reasons the alternative was not approved. 105.2.2.3 Compliance with code Intent.An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 105.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety,other than fire safety. PAGE 32 OF 70 AGENDA ITEM No. 6G 6. Fire safety. 105.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 105.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the building official. 105.2.2.6 Reports.Supporting documentation,where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 105.2.2.6.1 and 105.2.2.6.2. 105.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official's recognition of the approved agency.Criteria used for the evaluation shall be identified within the report and,where required, provided to the code official. 105.2.2.6.2 Other reports. Reports not complying with Section 105.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official.The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 105.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in con-junction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official. 105.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety. 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused,the code official shall have recourse to every remedy provided by law to secure entry. 105.3.1 Warrant. Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner's authorized agent, occupant or person PAGE 33 OF 70 AGENDA ITEM No. 6G having charge,care or control of the structure or premises shall not fail or neglect, after proper a request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code. 105.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 105.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code, in accordance with Section 107. 105.6 Official records. The code official shall keep official records as required by Sections 105.6.1 through 105.6.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations. 105.6.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 105.6.2 Inspections. The code official shall have the authority to conduct inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 105.6.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 105.2.2; modifications in accordance with Section 105.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 105.6.4 Tests.The code official shall keep a record of tests conducted to comply with Sections 105.2.1.4 and 105.2.2.5. 105.6.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 104. 105.7 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and Is hereby relieved from personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 105.7.1 Legal defense.Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 105.8 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 105.8.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved. PAGE 34 OF 70 AGENDA ITEM No. 6G SECTION 106-MEANS OF APPEALS 106.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code,there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writingto the appellant with a duplicate copy to the code official. 106.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code. 106.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matter pertaining to the provisions of this code and are not employees of the jurisdiction. 106.4 Administration.The code official shall take action without delay in accordance with the decision of the board. 107-VIOLATIONS 107.1 Unlawful acts. It shall be unlawful for a person,firm or corporation to be in conflict with or in violation of any of the provisions of this code. 107.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 109.4. 107.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 109.4 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict friability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 107.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 107.5 Abatement of violation,the imposition of the penalties herein prescribed shall not preclude the legal officer of the juris- diction from instituting appropriate action to restrain, correct or abate PAGE 35 OF 70 AGENDA ITEM No. 6G a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act,conduct, business or utilization of the building,structure or premises. 108-STOP WORK ORDER 108.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in an unsafe manner, the code official is authorized to issue a stop work order. 108.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent,or to the person performing the work. Upon issuance of a stop work order,the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 108.3 Emergencies. Where an emergency exists,the code official shall not be required to give a written notice prior to stopping the work. 108.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 109-UNSAFE STRUCTURES AND EQUIPMENT 109.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful,such structure shall be condemned pursuant to the provisions of this code. 109.1.1 Unsafe structures. An unsafe structure is one that is found to be hazardous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is dangerous. 109.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 109.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code,or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. PAGE 36 OF 70 AGENDA ITEM No. 6G 109.1.4 Unlawful structure.An unlawful structure is one found in whole or in part to be occupied by more persons than permit-ted under this code, or was erected, altered or occupied contrary to law. 109.1.5 Hazardous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any building, structure or portion thereof that is dangerous. 4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 5. The building orstructure is neglected, damaged,dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building orstructure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 6. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 7. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Any building or structure, because of a lack of sufficient or proper fire-resistance rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 9. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 109.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard PAGE 37 OF 70 AGENDA ITEM No. 6G of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 109.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.8 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 109.3 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. 109.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 109.4.1 and 109.4.2 to the owner or the owner's authorized agent,for the violation as specified in this code. Notices for condemnation procedures shall comply with this section. 109.4.1 Form. Such notice shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner's authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 107.3. 109.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one of the following methods: 1. A copy is delivered personally. 2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. 3. A copy is delivered in any other manner as prescribed by local law. PAGE 38 OF 70 AGENDA ITEM No. 6G If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 109.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. 109.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee,transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 109.7 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment. 109.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided bythis code. 109.8 Prohibited occupancy.Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code officio/. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner's authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 109.9 Restoration or abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the International Existing Building Code. 110-EMERGENCY MEASURES PAGE 39 OF 70 AGENDA ITEM No. 6G 110.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives,explosive fumes or vapors or the presence of toxic fumes,gases or materials, or operation of defective or dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forth- with. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 110.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 110.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets,public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 110.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 110.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs. 110.6 Hearing.Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. 111-DEMOLITION 111.1 General.When the code official determines any structure is so old, dilapidated or has become so out of repair and is dangerous, unsafe, insanitary and otherwise unfit for human habitation or occupancy the code official can order either of the following: 1. The code official is permitted to authorize the owner or owner's authorized agent to make the structure safe by repairs in order to make the structure safe and sanitary. Where there has been a cessation of construction repairs of any structure for a period of more than 2 years the structure will be ordered demolished and removed. 2. The code official is permitted to order the owner or owner's authorized agent to demolish and remove any such structure. 111.2 Notices and orders. Notices and orders shall comply with Section 109.4. PAGE 40 OF 70 AGENDA ITEM No. 6G 111.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 111.4 Salvage materials. Where anystructure has been ordered demolished and removed,the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials.The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto,subject to any order of a court. If such a surplus does not remain to be turned over,the report shall so state. CHAPTER 2 DEFINITIONS About this chapter: Codes,by their very nature,are technical documents.Every word,term and punctuation mark can add to or change the meaning of a technical requirement.It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs thisfunction bystating clearly whatspecific terms mean for the purpose of the code. Section 201-GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70,such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit"or"story" are stated in this code,they shall be construed as though they were followed by the words "or any part thereof." Section 202-GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. PAGE 41 OF 70 AGENDA ITEM No. 6G APPROVED.Acceptable to the code official. APPROVED AGENCY. An established and recognized organization that is regularly engaged in conducting tests, furnishing inspection services or furnishing product evaluation or certification where such organization has been approved by the code official. BASEMENT.That portion of a building that is partly or completely below grade. BATHROOM.A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN.To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs,such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill;title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DANGEROUS.Any building, structure or portion thereof that meets any of the conditions described below shall be deemed dangerous: 1. The building or structure has collapsed, has partially collapsed, has moved off its foundation or lacks the necessary support of the ground. 2. There exists a significant risk of collapse, detachment or dislodgment of any portion, member, appurtenance or ornamentation of the building or structure under permanent, routine or frequent loads, or under snow, wind, rain, flood, earthquake or other environmental loads when such loads are imminent. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION.To weaken, disintegrate, corrode, rust or decay and lose effectiveness. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT.That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots. EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or other similar device that provides for a means of escape and access for rescue in the event of an emergency. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. PAGE 42 OF 70 AGENDA ITEM No. 6G EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building components located at or near the open sides of elevated walkingsurfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls,storage or utility spaces, and similar areas are not considered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT.A room or group of rooms forming a single habitable space equipped and intended to be used for living,sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. Avehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nation- ally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above- labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET.To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT.The lack of proper maintenance for a building or structure. OCCUPANCY.The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT.Any individual living or sleeping in a building,or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge,care or control of a structure or premises that is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such PAGE 43 OF 70 AGENDA ITEM No. 6G person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PEER REVIEW. An independent and objective technical review conducted by an approved third party. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places;by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods. POWER SAFETY COVER. A pool cover that is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch. PREMISES. A lot,plot or parcel of land,easement or public way, including any structures thereon. PUBLIC WAY.Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm). ROOMING HOUSE.A building arranged or occupied for lodging,with or without meals, for compensation and not occupied as a one-or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood,coal,coke and other combustible materials, paper, rags,cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms,that is temporarily placed or installed over an entire pool,spa or hot tub and secured in place after all bathers are absent from the water. SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STORM SHELTER. A building, structure or portion thereof, constructed in accordance with ICC 500, designated for use during hurricanes, tornadoes or other severe windstorms. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited,or failed to do an act which the defendant was legally required to do. STRUCTURE.That which is built or constructed. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM.A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g.,generally plumb,level, square, in line, undamaged and without marring adjacent work. YARD.An open space on the same lot with a structure. PAGE 44 OF 70 AGENDA ITEM No. 6G CHAPTER 3 GENERAL REQUIREMENTS About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas,as well as the interior and exterior elements of the structure,that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather-resistance performance.Specifically,Chapter 3 contains criteria for the maintenance of building components;vacant structures and land; the safety,sanitation and appearance of the interior and exterior of structures and all exterior property areas;accessory structures;extermination of insects and rodents;access barriers to swimming pools,spas and hot tubs;vehicle storage and owner/occupant responsibilities. Section 301-GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code.The owner or owner's agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the international Building Code, International Residential Code or international Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or house- keeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302-EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. 302.3 Exception:Approved retention areas and reservoirs. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. PAGE 45 OF 70 AGENDA ITEM No. 6G SECTION 304-EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health,safety or welfare. 304.1.1 Potentially unsafe conditions.The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the International Existing Building Code, the International Residential Code or the International Building Code: 1. Structural members have deterioration or distress that appears to reduce their load-carrying capacity. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations has deterioration or distress that appears to reduce its load-carrying capacity. 3. Structures or components thereof have deterioration or distress that appears to reduce their load-carrying capacity. 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or watertight. 5. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 6. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 7. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. 8. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects. 9. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 10. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings,fire escapes,standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 11. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, PAGE 46 OF 70 AGENDA ITEM No. 6G including guards and hand- rails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 12. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and PAGE 47 OF 70 AGENDA ITEM No. 6G be properly anchored so as to be kept in a sound condition.Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. locks at all entrances to dwelling units and sleeping units shall tightly secure the door. locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. SECTION 305-INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition,the shared or public areas of the structure and exterior property. 305.1.1 Potentially unsafe conditions. The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the International Existing Building Code, the International Residential Code or the International Building Code: 1. Structural members have deterioration or distress that appears to reduce their load-carrying. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations has deterioration or distress that appears to reduce its load-carrying capacity. PAGE 48 OF 70 AGENDA ITEM No. 6G 3. Structures or components thereof have deterioration or distress that appears to reduce their load- carrying capacity. 4. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 5. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including windows and doors,shall be maintained in good,clean and sanitary condition. Peeling,chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306-COMPONENT SERVICEABILITY 306.1 General.The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Potentially unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the International Existing Building Code, the International Residential Code or the International Building Code: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil. PAGE 49 OF 70 AGENDA ITEM No. 6G 1.4. Inadequate soil as determined by a geotechnical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. PAGE 50 OF 70 AGENDA ITEM No. 6G 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10.Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. SECTION 307-HANDRAILS AND GUARDRAILS 307.1 Handrails. Stairs having more than four risers shall have a handrail on one side of the stair. 307.1.1 Height. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. 307.2 Guards. Guards shall be provided along open-sided walking surfaces, including balconies, porches, decks, stairs, ramps and landings,that are more than 30 inches (762 mm) above the floor or grade below. Exception: Guards shall not be required where exempted by the adopted building code. 307.2.1 Height.Guards shall be not less than 30 inches (762 mm) high. PAGE 51 OF 70 AGENDA ITEM No. 6G SECTION 310-ACCESSIBILITY 310.1 General. A facility that is required to be accessible shall be maintained accessible duringoccupancy 310.1.1 Maintenance. The accessible features of a facility shall be maintained in good repair, in a clean, structurally sound and sanitary condition, and free from impediments to accessibility. CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS About this chapter: Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by establishing the minimum criteria for light and ventilation and Identifying occupancy limitations including minimum room width and area,minimum ceiling height and restrictions to prevent overcrowding. SECTION 401-GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner- occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402-LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court.The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space,or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than PAGE 52 OF 70 AGENDA ITEM No. 6G residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (111ux) at floors, landings and treads. 402.3 Other spaces. Other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403-VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet {2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit,and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions. Exception: listed and labeled condensing (ductless) clothes dryers. PAGE 53 OF 70 AGENDA ITEM No. 6G CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS About this chapter. Chapter 5 establishes minimum sanitary and clean conditions in occupied balding,by containing regarement for the installation, maintenance and location of plumbing systems and facilities,including the water supply system,water Mating appliances,sewage disposal systems and related plumbing fixtures. Chapter 5 includes requirements for prov ding potable water to a building and the basic fixtures to effectively utilize and dispose of that water. SECTION 501-GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502-REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. SECTION 503-TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504-PLUMBING SYSTEMS AND FIXTURES PAGE 54 OF 70 AGENDA ITEM No. 6G 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505-WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bath-tubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 505.2 Contamination.The water supply shall be maintained free from contamination,and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43"C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided.An approved combination temperature and pressure- relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506-SANITARY DRAINAGE SYSTEM 506.1 General. Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent,waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. SECTION 507-STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. PAGE 55 OF 70 AGENDA ITEM No. 6G CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS About this chapter. Chapter 6 establishes minimum performance requirements for heating,electrical and mechanical facilities serving existing structures,such as heating and air-conditioning equipment,appliances and their supporting systems;water heating equipment,appliances and systems;cooking equipment and appliances;ventilation and exhaust equipment; gas and liquid fuel distribution piping and components;fireplaces and solid fuel burning appliances;chimneys and vents;electrical services;lighting fixtures;electrical receptacle outlets;electrical distribution system equipment, devices and wiring;and elevators escalators and dumbwaiters. SECTION 601-GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602-HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel- burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section. Exception:In areas where the average monthly temperature is above 30°F(-1°C), a minimum temperature of 65°F (18'C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from Octoberto March,to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. PAGE 56 OF 70 AGENDA ITEM No. 6G 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October to March, to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement.The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603-MECHANICAL EQUIPMENT 603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible materials shall be maintained. 603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto,or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604-ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge PAGE 57 OF 70 AGENDA ITEM No. 6G protectors, molded case circuit breakers, low-volt- age fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Cade. Exceptions:The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated not more than 600 volts or less. 2. Busway, rated not more than 600 volts. 3. Panelboards, rated not more than 600 volts. 4. Switchboards, rated not more than 600 volts. 5. Fire pump controllers, rated not more than 600 volts. 6. Manual and magnetic motor controllers. 7. Motor control centers. 8. Alternating current high-voltage circuit breakers. 9. Low-voltage power circuit breakers. 10. Protective relays, meters and current transformers. 11. Low-and medium-voltage switchgear. 12. Liquid-filled transformers. 13. Cast-resin transformers. 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water. 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water. 16. Luminaires that are listed as submersible. 17. Motors. 18. Electronic control, signaling and communication equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits,that have been exposed to fire,shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an PAGE 58 OF 70 AGENDA ITEM No. 6G inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605-ELECTRICAL EQUIPMENT 601.1 Installation. Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 602.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 607-DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 607.2 Clothes dryer exhaust duct system maintenance. The lint trap, mechanical and heating components, and the exhaust duct system of a clothes dryer shall undergo periodic removal of accumulations of lint in accordance with the manufacturer's operating instructions to prevent obstruction of exhaust air and products of combustion. 8 REFERENCED STANDARDS About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that ore referenced in this code.Thesestandards,in essence,are part of this code to the extent of the reference to the standard.This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard,the standard identification,the effective date and title and the section or sections of this document that reference the standard.The application of the referenced standards shall be as specified insection102.8. ASME American Society of Mechanical Engineers Two Park Avenue, New York, NY 10016-5990 ASME A17.1-2022/CSA 844-2022: Safety Code for Elevators and Escalators 606.1 ASME A17.3-2020: Safety Code for Existing Elevators and Escalators 606.3.3 PAGE 59 OF 70 AGENDA ITEM No. 6G ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 FI346-1991 (2018): Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 ICC International Code Council 500 New Jersey Avenue, NW 6th Floor,Washington, DC 20001 IBC-24: International Building Code• 102.3, 201.3,304.1.1, 305.1.1, 306.1.1,401.3, 604.3.1.1, 604.3.2.1,702.3, 704.4.2 ICC 500-2020: ICC/NSSA Standard for the Design and Construction of Storm Shelters 202, 311.1, 311.2,311.3 IEBC-24: International Existing Building Code• 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1 IECC-24: International Energy Conservation Code• 102.3 IFC-24: International Fire Code• 102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 704.6.4, 705.1 IFGC-24: International Fuel Gas Code• 102.3, 201.3 IMC-24: International Mechanical Code• 102.3, 201.3 IPC-24: International Plumbing Code• 102.3, 201.3,502.5, 505.1, 505.5.1, 602.2, 602.3 IRC-24:International Residential Code• 102.3, 201.3 IZC-24: International Zoning Code• 102.3, 201.3 ABOARDING STANDARDS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. About this appendix. Appendix A provides minimum specifications for boarding a structure.This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality.These requirements also provide o reasonable means to eliminate having to approve numerous methods or materials for the boarding and securing of a structure.It is important to note that the provisions of Appendix A ore not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction. Code development reminder: Code change proposals to sections in this appendix will be considered by the IPMC Code Development Committee during the 2025{Group B)Code Development Cycle. PAGE 60 OF 70 AGENDA ITEM No. 6G SECTION A101-GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existingstructure. SECTION A102-MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum 12-inch-thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51mm by 102 mm) solid sawn lumber complying with the International Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/ -inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts.Washers and nuts shall comply with the International Building Code. SECTION A103-INSTALLATION A103,1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5. FIGURE A1O3.1011—BOARDING OF DOOR OR WINDOW rr u.aur:.,ii. Las aru.Lr asq nnena+:o o.oero iron the •:i'-0 j +�]'.I.hgl IIn rwnyr FMwuwl - tr-x+.F.s a.q faxia�'r[m ihp irtenc. urtn 91'a: r _"I 'Fi`C3x�y = _ _: _ rnrh.'rvwnm.r'dlrl fi:.,t:. a.a•Wong banks 9p ..,Werner.hare V.UMW trans eons stall to beg enough.n'Weed r"erh fhx eaten.is yetiod nuance lb.!Waren,LyxC4n ..rd,oats)naeas fl r un:re miner For SI:1 inch=254 tom. eel a-.sn PAGE 61 OF 70 AGENDA ITEM No. 6G F1GUREA103,1(2}—BOARDING Of DOOR WALL ''A'CDX PLYWOOD OR PERFORMANCE-RATED OSB SHALL BE SECURED TO HEADER,SSE PLATE.STUDS,STILES,AN°EDGE BLOCKING US)N'GALTETNAT:E SCREWS AND NAILS Al A MAXIMUM OF 6"O.C. i 1 - —- - 2'x 4"HEADER 11 II kk tip i+ "4 �'xd"$TILE w 1 /DOOR WALL FI2AM1hE 11 r -� -_ . ,_.� ,... ,-2'x4'BASE PLATE 2"x 4`EDGE BLOCKING , EITHER I IORIZONTALLY OR VERTICALLY ALONG EDGE OF EACH SHEET OF 2'x 4"STUDS PLYWOOD OROSE SPACED 24 ON CENTER ko,Sl:4 i"dr-254 rT4 A103.2 Boarding sheet material. The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored.The 2-inch by 4-inch (51mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be avail able for authorized entry and shall be secured and locked in an approved manner. SECTION A104-REFERENCED STANDARD A104.1 Referenced standards. Table A104.l lists the standard that is referenced in various sections of this appendix. The standard is listed herein by the standard identification,the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.8. APPENDIX TABLEA104.1-REFERENCED STANDARD STANDARD ACRONYM STANDARD NAME SECTIONS HEREIN REFERENCED IBC-24 International Building Code A102.1,A102.2,A102.3 PAGE 62 OF 70 AGENDA ITEM No. 6G B BOARD OF APPEALS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. About this appendix. Appendix B provides criteria for Board of Appeals members.Also provided are procedures by which the Board of Appeals should conduct its business. Code development reminder: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the 2025(Group B)Code Development Cycle. B101.1 Scope.The Construction Board of Adjustment is hereby established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 106 (Means of Appeals). The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. B101.2 Application for appeal.Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted,the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. B101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code. B101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board. PAGE 63 OF 70 AGENDA ITEM No. 6G Exhibit E "iC4iteis NEZ Application Submittal Checklist TEXAS Revised 05/22/25 This checklist must be initialed and attached to the NEZ application at time of submittal Verify the Project Address is in the Neighborhood Empowerment Zone The above items can be located at (Insert link to Map) Note to Applicant: Please be advised that all New Construction must adhere to the NEZ Design Guidelines per the NEZ policy. For more information on Design Guidelines and Strategic Plans, please visit (Insert link to website). Applicant Completed and signed application Initials *If the property is owned by a business entity or corporation,corporation papers or operating agreement noting ALL principles, partners and registered agents is required * Proof of ownership such as: o A warranty deed o Purchase agreement signed by both the seller and the buyer o Affidavit of ownership, probated will or evidence of site control such as option to buy o A registered Warranty Deed is required for applications that are applying for Tax Abatement. Line Itemized construction budget for all projects *If you are doing work to your single-family home yourself, you may use the attached budget form. *If you are a contractor or you are hiring a contractor/contractors, construction manager or any other type of professional for your project, you must provide the line item budget or estimate from them. Plans showing dimensions and square footage of the following: o Site plan with structure or proposed structure o Floor plans for each floor with square footage listed(existing and proposed if different) o Elevations listing materials to be used. (North, South,West and East View for New Construction) o Elevations effected by the project are required for Rehabilitations These plans will be retained by staff and cannot be used for Building Permit submittal* List of Properties in Tarrant County (By address) owned by all owners/developers If no additional properties are owned within the Tarrant County,please check here Incomplete applications will not be processed until all required documentation is received. PAGE 64 OF 70 AGENDA ITEM NO. 6G )�)lC/�� S Application# 4 �`{ T E X A fS! City of Wichita Falls Revseaos/zz/zs Neighborhood Empowerment Zone (NEZ) Application for Incentives Applicant Information Deeded Property Owner/Developer Last First M.I. Mailing Address: Street Address City State Zip Phone: Email: Contact: (If different) Last First M.I. Phone: Email: Project Information NEZ certifications are project and owner specific. Please describe your project: Project Type ❑ ❑ ❑ ❑ Single Family Multi-Family Commercial Mixed-Use Project Address: Street Address Legal Description: Lot Block Addition YES NO YES NC) New Construction/Addition: ❑ ❑ Remodel/Rehab: ❑ ❑ Total New Sq. Ft. Total Development Cost: For a single family project,will the NEZ certified property be occupied by YES NC) the property owner as a primary residence? ❑ ❑ If you selected No,please specify if this property will be sold to a homeowner as a primary residence or used as rental property. If your project is a Commercial or Mixed Use project,please list all specific uses that are being proposed: Incentives YES NO Do you wish to apply for a Municipal Property Tax abatement for this project? ❑ ❑ If the above answer is yes, please contact the City of Wichita Falls Neighborhood Revitalization Department at(940)761-7451 or visit wichitafalls.gov for additional information. Tax Abatements are processed after NEZ project certification and must go before the City Council for a vote. Applicants requesting tax abatement may not submit_for a building permit until the abatement has been approved by the City Council and the applicant has signed a contract. PAGE 65 OF 70 AGENDA ITEM NO. 6G I 1 7A/tC�(l ((� Application# TEXAS City of Wichita Falls Revised 05/22/25 Neighborhood Empowerment Zone (NEZ) Application for Incentives YES NO Do you wish to apply for a release of NEZ Property City lien? 111 Weed,Paving,Demolition and Board Up/Open Structure liens may be released for qualifying projects. For Zoning Office Use Only Do Not Check! YES Is the Project Address inside the Neighborhood Empowerment Zone? 111 Will a Zoning Change application be necessary for this project? YES NO Current Zoning: Proposed Use: Signature of Zoning Staff: Date: Acknowled•ements PLEASE INITIAL NEXT TO EACH STATEMENT I understand that my application will not be processed if it is incomplete.I agree to provide any additional information for determining eligibility as requested by the City. If the additional information is not submitted within 30 days, the application will be denied and application fees paid will not be reimbursed. I hereby certify that the information provided is true and accurate to the best of my knowledge. If I have misrepresented the facts in order to circumvent the NEZ policy, I hereby understand that I will be responsible for repaying the City of Wichita Falls all fees and taxes waived through my NEZ certification and I will no longer be eligible to apply for any NEZ incentives in the future. I hereby certify that all documents and information required by the Application Submittal Checklist is attached. I hereby acknowledge that I have read the NEZ Basic Incentives and Tax Abatement Policy, which governs the granting of tax abatements, fee waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the discretion of the City. I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect of the project. I understand that I am responsible for obtaining required permits and inspections from the City and in ensuring the project is located in the correct zoning district. I understand that if there are back taxes due or liens against any property I own under any name in the City of Wichita Falls,I will not be eligible for NEZ incentives. I hereby certify that the project plans submitted with this application meet the NEZ Design Guideline requirements. I understand that if the project plans do not meet the design requirements, all permits will be put on hold pending correction. I understand if I choose to relinquish my NEZ certification instead of meeting the design requirements, payment for all fees waived by the City up to that point will be due immediately and the building permit will not be issued until payment is made. PAGE 66 OF 70 AGENDA ITEM NO. 6G 41 4/4 To-(S Application# TEXAS City of Wichita Falls Revised 05/22/25 Neighborhood Empowerment Zone (NEZ) Application for Incentives I understand that if I have submitted an opt out form and have had a building permit issued, I am not eligible to apply for any incentives from the NEZ program. Printed Name of Property Signature of Property Date Owner/Developer Owner/Developer For more information on the NEZ Program Incentives, please visit our web site at wichitafalls.gov or contact our office at(940) 761-7451. For more information on Tax Abatements, see the above website or contact Christal Cates with the Neighborhood Revitalization Department at(940)761-7451. NEIGHBORHOOD REVITALIZATION OFFICE USE ONLY APPLICATION REVIEW Application Received by: Date of Application Is the application complete, including any additional documentation? Yes El No Date of Construction Permit Date of Permit Expiration Date of Council Action Date of Project Completion Did the property owner submit a homestead exemption? Yes pi Date: No Fi PAGE 67 OF 70 AGENDA ITEM NO. 6G �ic414 a5 NEZ Construction Budget TEXAS Revised 05/22/25 For Single-Family self-constructed projects Only (All other projects must provide a contractors quote or commercial project line item budge Project address: Eligible rehabilitation or new construction costs include only physical improvements to real property. Real Property Improvements—means a habitable structure as defined by the City of Wichita Falls Building Code. It does NOT include: personal property such as furniture, appliances, equipment, and/or supplies. Carports, fences, parking lots, accessory structures such as sheds, incidental out buildings and garages are only eligible if included in the original new construction project. These items do not qualify as stand alone projects. Item description : (add further description if needed) Price Demolition: Roof Repair/Replacement/Installation: Mechanical(Heating/Air conditioning) : Electrical : Plumbing : Flooring(Carpet,Tile,etc): Additional Room(s)/Additions—Total additional square feet to be added: Interior Improvements(Walls, etc) : Foundation: Materials : Exterior(Paint, Siding, Masonry,etc) : Landscaping: Other : If homeowner labor only:total#of hours: x per hour: Total I, , hereby certify that the above estimate of costs for the proposed self constructed re- habilitation or new construction of my single-family project on property located at : is true and correct. I also attest that if I hire professional contractors at any time during construction, I will provide a copy of the contractors estimate to update this budget. Date Owner Signature PAGE 68 OF 70 AGENDA ITEM NO. 6G TEXASbA ec • Revised 05/22/25 NEZ Property Ownership List Please list all properties owned in Wichita Falls City limits by the owner/developer Address: Address: Address: Address: Address: Address: Address: Address: Address: (PRINTED OR TYPED NAME) (AUTHORIZED SIGNATURE) (DATE) PAGE 69 OF 70 AGENDA ITEM NO. 6G Exhibit F TAX ABATEMENT TIMELINE STEP 2 City staff will review the application&certify the pwner/developers el ig i bil ity to receive incentives. STEP 3 Staff notifies public at least 7 days before a public hearing& notify other taxing units. 0 STEP 4 A public hearing is held where the City Council will enter into a Tax Abatement Agreement with the owner/developer. STEP 5 Permits can now be obtained 0 for the Tax Abatement Project through the City Permitting Department. STEP 6 6 Once the Tax Abatement Project is completed,City Staff will verifiy completion of the project. STEP 7 The Tax Abatement Agreement is processed by the Wichita Appraisal District for abatement. STEP 8 The Tax Abatement will be 8 effective on January l'of the year following project completion on the owner/developers tax statement STEP 9 Owner/Developer must file an PAGE 70 OF 70 annual Abatement Exemption Application with the Wichita ENDA ITEM No. 6G Appraisal District for the life of he abatement agreement. CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Ordinance adopting the collective bargaining agreement negotiated between the City of Wichita Falls and Wichita Falls Professional Fire Fighters Association, International Association of Fire Fighters, Local 432, pursuant to Chapter 174 of the Texas Local Government Code, the Fire and Police Employee Relations Act INITIATING DEPT: City Manager STRATEGIC GOAL: Optimize Engagement with the City and City Services STRATEGIC OBJECTIVE: A Robust Employee Recruitment/Retention Program COMMENTARY: On November 5, 2024, the voters of Wichita Falls approved the adoption of the Fire and Police Employee Relations Act, enabling the city to engage in collective bargaining with its fire and police personnel. Pursuant to that authority, the City of Wichita Falls initiated the collective bargaining process on April 1 , 2025, in accordance with Chapter 174.052 of the Texas Local Government Code, entering into negotiations with the Wichita Falls Professional Fire Fighters Association, IAFF Local 432. After several negotiation sessions, the City and the Association reached an agreement in principle on May 9, 2025, with the final terms and conditions subject to ratification by both parties. On May 24, 2025, the Association membership voted overwhelmingly in favor of the agreement, with 152 members voting in support and only one opposed. The proposed Collective Bargaining Agreement, attached as Exhibit A, includes several provisions that differ from current City policies or Chapter 143 of the Texas Local Government Code. These provisions include adjustments to base pay, longevity, step-up pay, and certification pay; an expanded hiring age range of 18 to 39 years; residency preference points for applicants living in Archer, Clay, or Wichita Counties; recognition of lateral hires with pay credit based on experience; and a formalized hiring process incorporating CPAT testing, written and panel interviews, and other evaluative components. Additionally, the agreement establishes new promotional coursework requirements for Lieutenants beginning in January 2027, maintains a 24-hour on/48-hour off shift structure, and sets minimum staffing levels at 41 personnel per shift with no fewer than three firefighters assigned to Truck or Squad companies. It also formalizes allowances for shift exchanges, provides for annual NFPA 1582-compliant physical examinations, creates a Labor Relations Committee to address non-grievance issues, outlines a multi-step grievance procedure culminating in binding arbitration, and affirms the City's ability to appoint up to two Deputy Chiefs, subject to budgetary approval. PAGE 1 OF 44 AGENDA ITEM No. 6H Funding for the provisions of this agreement has been included in the preliminary budget for Fiscal Year 2025-2026. Staff recommends approval of the ordinance adopting the Collective Bargaining Agreement as negotiated. ® Interim City Manager ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 44 AGENDA ITEM No. 6H Ordinance No. Ordinance adopting the collective bargaining agreement between the City of Wichita Falls and Wichita Falls Professional Fire Fighters Association, International Association of Fire Fighters, Local 432, pursuant to Chapter 174 of the Texas Local Government Code, the Fire and Police Employee Relations Act WHEREAS, an election was held on November 5, 2024, and the citizens of Wichita Falls voted to adopt the Fire and Police Employee Relations Act. WHEREAS, on April 1 , 2025, the City of Wichita Falls (City) put into effect Chapter 174.052 of the Texas Local Government Code to begin the collective bargaining process with the Wichita Falls Professional Fire Fighters Association; and, WHEREAS, on May 9, 2025, the parties agreed in principle to the terms and conditions of the agreement (Exhibit A) pending approval of each party's final vote; and, WHEREAS, on or about May 24, 2025, the Wichita Falls Professional Fire Fighters Association voted 152-1 in favor of the terms and conditions negotiated by the bargaining team; and, WHEREAS, the terms and conditions are pending approval, and are as follows: CBA Provisions Adopted by Proposed Ordinance (terms that differ from City policy or Chapter 143): • Rates of base pay, longevity, step-up pay, certification pay; • Revised Hiring Age: 18-39 years (previous cap was 35); • Residency Preference: Extra civil service points for residents of Archer, Clay, or Wichita County; • Lateral Hires: Accepted, pay placement based on experience; • Hiring Process: Includes CPAT, written exam, Ergometrics, panel and chief interviews; • Promotions: New coursework required for Lieutenants effective Jan. 2027; new FEO promotion process to be developed; • Shifts: 24 hours on / 48 hours off; • Minimum Staffing: 41 per shift; Truck/Squad minimum of 3; • Shift Exchanges: Allowed under departmental orders; • NFPA 1582 Physicals: Annual job-related exams including lab tests, ultrasounds, and cardiopulmonary evaluations; • Labor Relations Committee: Joint City-Association body to address non- grievance matters; • Grievance Procedure: Multi-step process ending in binding arbitration; • Deputy Chief Article: City retains appointed Deputy Chief; two such positions permitted if allowed by budget; and, PAGE 3 OF 44 AGENDA ITEM No. 6H WHEREAS, funding for this item is included in the FY 25-26 preliminary budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls City Council hereby approves this collective bargaining agreement, and the Interim City Manager is authorized to execute the agreement contract for the City for such agreement in a form approved by the City Attorney. PASSED AND APPROVED this the 3rd day of June 2025. MAYOR ATTEST: City Clerk PAGE 4 OF 44 AGENDA ITEM No. 6H Exhibit A LABOR AGREEMENT between City of Wichita Falls, Texas and Wichita Falls Professional Fire Fighters Association, International Association of Fire Fighters, Local 432 PAGE 5 OF 44 AGENDA ITEM No. 6H Table of Contents by Article ARTICLE 1 PURPOSE OF AGREEMENT ARTICLE 2 AUTHORITY AND TERM ARTICLE 3 RECOGNITION ARTICLE 4 MAINTENANCE OF STANDARDS ARTICLE 5 MANAGEMENT RIGHTS ARTICLE 6 PREEMPTION AND RELATIONSHIP TO OTHER LAWS ARTICLE 7 PAYROLL DEDUCTION OF DUES ARTICLE 8 BASE SALARY,LONGEVITY, STEP UP, and CERTIFICATION PAY ARTICLE 9 PENSION ARTICLE 10 HIRING ARTICLE 11 PROMOTIONS ARTICLE 12 OVERTIME AND CALLBACK ARTICLE 13 CALLBACK HIRING PROCEDURES ARTICLE 14 SICK LEAVE ARTICLE 15 BEREAVEMENT LEAVE ARTICLE 16 HOLIDAYS ARTICLE 17 VACATION ARTICLE 18 LABOR RELATIONS COMMITTEE ARTICLE 19 GRIEVANCE PROCEDURE ARTICLE 20 HEALTH AND SAFETY ARTICLE 21 STAFFING OF FIRE COMPANIES ARTICLE 22 HOURS OF WORK ARTICLE 23 SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS ARTICLE 24 ASSOCIATION BUSINESS ARTICLE 25 MISCELLANEOUS PROVISIONS ARTICLE 26 NO STRIKE OR LOCKOUT ARTICLE 27 DISCRIMINATION ARTICLE 28 SUCCESSORS AND ASSIGNS ARTICLE 29 SAVINGS CLAUSE ARTICLE 30 DEPUTY CHIEF ARTICLE 31 DEFINITIONS APPENDIX PAGE 6 OF 44 AGENDA ITEM No. 6H ARTICLE 1 PURPOSE OF AGREEMENT Section 1. The purpose of this Agreement is to give effect to the policy objectives described in Chapter 174, Texas Local Gov't Code("TLGC"),as specifically described in §174.002, TLGC. Section 2. It is the intent and purpose of this Agreement, entered into by and between the City of Wichita Falls, Texas,hereinafter referred to as"Employer"and the Wichita Falls Professional Fire Fighters Association, LOCAL NO. 432, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, hereinafter referred to as "Association", to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the term of this Agreement. ARTICLE 2 AUTHORITY AND TERM Section 1. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it shall be the obligation of the Association to serve written notice of the request for collective bargaining on the Employer at least one hundred-twenty (120) days prior to the conclusion of the Employer's fiscal year. Section 2.It shall be the obligation of the parties to meet at a reasonable time and confer in good faith,preferably within ten (10)business days after receipt of written notice from the Association, for purposes of collective bargaining. Such a meeting shall be for the purposes of setting dates and procedures for negotiations and shall not be considered a collective bargaining session for purposes of any applicable statutory dates or deadlines. Section 3. Except as otherwise provided for within this contract, this Agreement shall be effective October 1, 2025, and shall remain in full force and effect until September 30, 2028. Section 4. Evergreen Clause. If the parties have not completed a new agreement by end of the contract term specified above, the terms of this Labor Agreement shall nonetheless continue in effect without change until it is modified or otherwise superseded by a new or modified agreement;provided, however that this Labor Agreement shall automatically expire no later than September 30, 2031. PAGE 7 OF 44 AGENDA ITEM No. 6H ARTICLE 3 RECOGNITION Section 1. The City of Wichita Falls recognizes the Wichita Falls Professional Fire Fighters Association, of IAFF Local 432, as the sole and exclusive bargaining agent for all Fire Fighters as that term is defined in Section 174.003 Texas Local Government Code,with the sole exception of the Fire Chief by this term it is intended to include only all permanent paid Employees of the Department who have been hired in substantial compliance with provisions of the Local Government Code, Chapter 143 and does not include civilians or other Employees,except as noted by this contract. PAGE 8 OF 44 AGENDA ITEM No. 6H ARTICLE 4 MAINTENANCE OF STANDARDS All working conditions enjoyed by and in effect with respect to the members of the Wichita Falls Fire Depaitinent on the effective date of this Agreement which are not covered by this Agreement shall remain in full force, unchanged and unaffected for the duration of the agreement, so long as those standards,privileges, and do not interfere with the methods,processes, means and personnel by which operations are to be carried out as determined by the Fire Chief. PAGE 9 OF 44 AGENDA ITEM No. 6H ARTICLE 5. MANAGEMENT RIGHTS Section 1. The PARTIES understand and agree that the CITY as a duly constituted home rule municipality under the Constitution and Laws of the State of Texas, hereby retain all those powers, privileges, rights, and authority conferred upon it by law, and nothing in this Agreement shall be construed or interpreted as being in derogation of, or delegation of, those powers, privileges, rights, and authority, other than as required by law, or this Labor Agreement. Section 2. The Association recognizes that the management of the City and the direction of the Department are vested exclusively in the City, subject to applicable State and Federal laws and the terms of this Agreement. In exercising its management rights, the City acknowledges the importance of continuously providing quality fire protection and safety for its citizens, as otherwise specifically provided in this Agreement,the Association recognizes that the City has the sole and exclusive right to exercise all the rights and functions of management. The term "Rights of Management" shall be defined as: Directing the work of its employees to include the scheduling of overtime work. Hiring, promoting, demoting, transferring, assigning and retaining employees in positions within the City, subject to Civil Service regulations. Suspending or discharging employees for just cause, subject to Civil Service regulations. Maintaining the efficiency of governmental operations. Relieving employees from duties because of lack of work, subject to Civil Service regulations. Utilizing the fire Department in emergency situations to protect life and property. Determining the methods, processes, means and personnel by which operations are to be carried out. The determination of the safety, health and property protection measures for the Fire Department. The selection, promotion, or transfer of firefighters to supervisory or other managerial positions subject to the provisions of Texas Local Government Code Chapter 143. The determination of policy affecting the selection and training of fire fighters. The establishment, modification and enforcement of Fire Department rules, regulations, and orders. The transfer of work from one position to another within the Fire Department subject to the provisions of Texas Local Government Code Chapter 143. The determination of the strength of force, number of ranks, and number of firefighters within each rank in accordance with the provision of Texas Local Government Code Chapter 143. The transfer of firefighters from one house, district, or subdivision to another. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week except as specified in this contract. PAGE 10 OF 44 AGENDA ITEM No. 6H ARTICLE 6 PREEMPTION AND RELATIONSHIP TO OTHER LAWS Section 1. By entering into this Agreement, the parties recognize and agree that the provisions of this collective bargaining agreement shall take precedence over conflicting sections of Chapter 143, Local Government Code, or Local Civil Service Rules and Regulations whenever the provisions of the contract specifically state. The language used in this Agreement shall have the usual and customary meaning attributed to it by common English usage,provided, however,that the terms defined in the Glossary of Terms contained in this Agreement shall have primary control. Section 2. Civil Service Laws. The PARTIES understand and agree that under the provisions of § 174.006, TLGC, a state or local civil service provision prevails over a collective bargaining contract negotiated under Chapter 174, TLGC, unless the collective bargaining contract specifically provides otherwise. To the extent that provisions of this Labor Agreement address matters contained in a state or local civil service provision,TLGC, the contractual terms contained in this Labor Agreement shall control. Section 3. Other Laws Relating to Individual Employee Rights. Nothing in this agreement is intended to detract from or add to any rights,privileges, duties, or obligations afforded to individual firefighters under state or federal civil rights law, anti-discrimination laws, anti- retaliation law, or whistle-blower law, which any other public employee would otherwise have. Section 4. The employer and the Association accept their responsibility to prohibit discrimination based on race, national origin, color, religion, creed, sex, age, political affiliation, sexual orientation or identity gender expression, disability or veteran's status of any war, and membership or non-membership in an employee organization or Association. Section 5. Personnel Policy Manual. The City's Personnel Policy Manual shall continue to apply in those instances where neither this labor agreement,nor the civil service rules, nor the department rules provide any guidance. PAGE 11 of 44 AGENDA ITEM No. 6H ARTICLE 7 PAYROLL DEDUCTION OF DUES Section 1. The Employer agrees to deduct, each pay period, dues and assessments, in an amount certified to be current by the Treasurer of the Association, from the pay of those Employees who individually request, in writing, that such deductions be made. The total amount of deductions shall be remitted, each month, together with the names of the employees from whom dues have been collected,by the Employer to the treasurer of the Association. This authorization shall remain in full force and effect during the term of this Agreement. The Employer shall forward to the Association a copy of all authorization or cancellations of voluntary deduction of Association dues by Employees in the unit. The ASSOCIATION agrees to indemnify the CITY and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any actions taken by the CITY for the purposes of complying with the provisions of this Article. PAGE 12 OF 44 AGENDA ITEM No. 6H ARTICLE 8 BASE SALARY, LONGEVITY, STEP UP,AND CERTIFICATION PAY Section 1. Base Salary and Step Pay It is the goal of this agreement to increase the base salary for all firefighters subject to this agreement and significantly improve its position in relation to the average salary of the listed peer cities (see Appendix A) by the end of this agreement. For cities that do not have a comparable firefighter rank, the "average" of the actual salary of the firefighter "rank" will be determined as the midpoint between the rank above and below where the absent rank would otherwise fall. The base salary for all current firefighters will increase by a minimum of 10% for each year of the agreement. The pay plan will be established as outlined in Appendix B, and no step increases will be made over the term of the agreement. In year one of this agreement, the base salary for all firefighter ranks will increase by a minimum of 10%. In year two of this agreement, the base salary for all firefighter ranks will increase by a minimum of 10%. In year three of this agreement,the base salary for all firefighter ranks shall increase by a minimum of 10% Section 2. Longevity Pay All Civil Service employees will be eligible to receive longevity pay in accordance with this agreement. The following amounts of longevity pay will be given to eligible employees based on the number of completed years the employee has been employed in a Civil Service position. Longevity Table listed in Appendix C. Section 3. Texas Commission on Fire Protection Pay Parties agree that firefighters who hold advanced structural firefighter certifications from the Texas Commission on Fire Protection will receive the monthly certification pay as follows: Intermediate Firefighter $ 80 Advanced Firefighter $ 125 Master Firefighter $ 150 TCFP certification pay is specific and not cumulative. Section 4. EMS Certification Pay Parties agree that firefighters who hold advanced certifications from the Texas Depaitment of Health will receive the monthly certification pay as follows: EMT- Advanced $ 125 EMT- Paramedic $ 200 Section 5. Texas Commission on Law Enforcement Pay PAGE 13 OF 44 AGENDA ITEM No. 6H Parties agree that firefighters who hold a certification from the Texas Commission on Law Enforcement will receive the following monthly certification pay as follows: TCOLE- Peace Officer $ 200 Section 6. Differential (Step Up) Pay Any firefighter covered by this Agreement who is temporarily assigned to or required to perform the duties of a position or rank above that which he normally holds shall receive the rate of pay applicable to such higher position or rank during such period of time. The term "temporarily assigned" as used herein means for a period of one quarter (.25) hours or greater. This provision shall apply to all Firefighters consistent with the provisions of subchapters 141.033 and 143.038 of the Local Government Code. Members will be eligible for differential pay when assigned by the Battalion Chief or their designee to drive the rescue or brush truck. Such assignments will be made at the Chiefs or their designee's discretion. Section 7. Certification and Assignment Pay Parties agree that firefighters who hold the following certifications or assignments will receive the monthly certification pay as follows: Hazardous Material Technician $ 50 Haz-Mat Team Assignment $ 50 (assigned to Stations 5 or 6) SCBA Technician $ 100 (assigned to Station 5) Bunker Gear Tester $ 50 (assigned to Station 2) TCFP Inspector $ 50 TCFP Instructor $ 50 TCFP Fire Officer I $ 50 TCFP Fire Officer II $ 50 TCFP Driver Pumper Operator $ 50 Parties agree that no more than $200/month certification pay from section 7 will be paid to any member. PAGE 14 OF 44 AGENDA ITEM No. 6H ARTICLE 9 PENSION Section 1. The Employer shall contribute to the Wichita Falls Firemen's Relief and Retirement fund an amount no less than 17.5% of each employee's salary per pay period. Parties would, if approved by the City Council, follow the recommendations of an increase if recommended by the local pension board. PAGE 15 OF 44 AGENDA ITEM No. 6H ARTICLE 10 HIRING Section 1. Objective. To modify existing Chapter 143, TLGC procedures to expand the pool of eligible candidates that the CITY may draw from in hiring firefighter personnel and to expedite the hiring process. Section 2. Existing Chapter 143, TLGC policies, practices, and procedures shall continue to be used, subject to the further modifications contained in this Article. Section 3. Residency Preference Points. To encourage and promote local recruitment, the City agrees to award additional points on the civil service entrance exam to applicants who reside within designated local counties. A. Eligibility for Residency Points—Applicants who provide proof of residency in Archer County, Clay County, or Wichita County at the time of the civil service entrance exam shall be awarded two (2) additional points added to their final exam score. B. Verification of Residency — Residency shall be verified by presenting one of the following: 1. A valid Texas Driver's License showing an address within one of the three eligible counties; or 2. A recent utility or billing statement (dated within 60 days of the test date) bearing the applicant's name and qualifying address. C. The City reserves the right to review and verify documentation to confirm eligibility. Section 4. Age Eligibility for Fire Fighter Applicants. A. Revised Age Range— Effective upon ratification of this Agreement, the age requirement for original appointment to the position of Firefighter shall be updated to reflect the following: 1. Applicants must be at least 18 years of age, and 2. Must not have reached their 40th birthday prior to the date of hire. 3. This changes the previous maximum age limit from 35 to 39 years old. B. Compliance with Statutory Authority—This change is made in accordance with the provisions of Texas Local Government Code Chapter 143, as applicable, and is subject to all relevant local and state civil service rules and regulations. No applicant shall be disqualified on the basis of age if they meet the revised criteria outlined in this article. Section 5. Applicants on a certified list shall be carried on the list for a period of 18 months or until exhausted. Section 6. The foregoing provisions shall supersede any civil service rules and regulations to the contrary. Section 7. Physical Entrance Exam - Candidate Physical Ability Test (CPAT) PAGE 16 OF 44 AGENDA ITEM No. 6H A. Adoption of CPAT— The City and the Association agree that the Candidate Physical Ability Test (CPAT) shall serve as the official physical ability examination for all firefighter candidates seeking entrance into the Wichita Falls Fire Department. B. The CPAT is a nationally recognized,job-related physical ability test that ensures all candidates demonstrate the minimum physical capabilities required to safely perform the essential functions of a firefighter. C. Test Administration— The City shall administer the CPAT, provided the test is administered in accordance with International Association of Fire Fighters(IAFF)and International Association of Fire Chiefs (IAFC) standards. All CPAT administrators shall follow best practices and legal guidelines to ensure fairness, consistency, and validity. D. Candidate Notification and Preparation—Candidates shall be given sufficient notice of the scheduled CPAT and access to information regarding: 1. The components of the test; 2. Suggested preparation and training; 3. Opportunities for orientation and practice sessions, in accordance with CPAT guidance standards. E. Cost and Accessibility - The City and Association agree to work collaboratively to ensure the CPAT remains accessible and does not create an undue barrier for qualified applicants. Section 8. Entrance Hiring Process A. Purpose--To outline the structured process for evaluating and selecting candidates for employment as Firefighters with the Wichita Falls Fire Department. The process is designed to ensure fairness, transparency, and the selection of the most qualified applicants through a combination of cognitive,physical, and evaluative assessments. B. Components of the Selection Process--The firefighter candidate testing and selection process shall consist of the following components, conducted in the order listed: 1. Entrance Examination (Written Test) 2. Candidate Physical Ability Test(CPAT) 3. Ergometrics Exam 4. Panel Interview 5. Chief's Interview C. Scoring and Weighting--Candidates must pass the entrance examination with a 70% or higher and the Candidate Physical Ability Test with a time of 10:20 or lower to move on in the hiring process. Candidates must pass the Ergometrics Exam and Panel Interview to be eligible for the final scoring process. For candidates who successfully complete all required components, the final composite score shall be calculated using the following weights: PAGE 17 OF 44 AGENDA ITEM No. 6H • Entrance Examination— 50% • CPAT Score—20% • Chief's Interview—30% These scores will be used to establish a ranked eligibility list for hiring consideration. D. Pass/Fail Components Ergometrics Exam--This component consists of a validated, video-based assessment evaluating situational judgment and behavioral compatibility with the fire service. A passing result is required to proceed. This component shall be evaluated on a pass/fail basis only. Panel Interview--A structured interview conducted by a panel of Wichita Falls Fire Department firefighters and a representative from the Human Resources department. Candidates will be assessed on communication skills, integrity, teamwork, and alignment with department culture. A majority pass vote is required to continue to the Chief's Interview. This component shall be evaluated on a pass/fail basis only. E. Candidate Physical Ability Test(CPAT) Scoring Method--The CPAT shall be administered according to IAFF/IAFC standards. While a passing score is required, the time of completion will be converted into a scaled percentage score for use in the final composite score. Faster completion times will result in higher scores per a pre-established rubric. CPAT Time CPAT Score Range (%) < 9:00 100 9:00—9:20 90 9:21 —9:40 85 9:41 — 10:00 80 10:01 — 10:20 75 > 10:20 (Fail) Fail F. Chief's Interview--The final stage of the selection process shall be the Chief's Interview. It will be scored on a standardized 100-point rubric assessing professionalism,judgment, leadership potential, and alignment with depatttnent values. This score shall count as 30% of the final composite score. Category Max Score (0 - Points Max) Professionalism & Appearance 10 Communication Skills 15 PAGE 18 OF 44 AGENDA ITEM No. 6H Motivation & Commitment 15 Judgment & Decision-Making 20 Teamwork & Interpersonal Skills 15 Knowledge of the Department 10 Leadership Potential 15 100 G. Candidate Final Scoring--Final Score = (Entrance Exam % x 0.50) + (CPAT Score % x 0.20) + (Chiefs Interview % x 0.30) H. Order of Entry Level Application (a) Submit a written application and a completed background packet (b) Pass the written examination with a score of 70% or higher to move on to the Candidate Physical Ability Test. (c) Pass the Candidate Physical Ability Test(CPAT). An applicant may retake the physical ability test without any waiting period, but may retake the CPAT only twice in one day. If the applicant does not pass after two tries, they must then wait until the next test date to retake the physical ability test. (d) Pass Ergometrics screening. Applicants who do not pass the Ergometrics screening are eligible to reapply in the next hiring process. Applicants will have to achieve the following scores in each section to pass the Ergometrics screening: 1. A minimum score of 70% on the Human Relations section; 2. A minimum score of 70% on the Mechanical section; 3. A minimum score of 70% on the Mathematics section; and, 4. A minimum score of 80% on the Reading section. (e) Pass background investigation. (f) Be approved by Legal review. (g) Pass a structured interview panel of Wichita Falls Fire Department firefighters. (h) Graded interview panel with the Fire Chief, Deputy Chief, and Battalion Chief of Training. (i) Receive conditional offer of employment (j) Pass medical and psychological examinations Section 9. Lateral Hiring. A. All lateral entry personnel shall be hired at the rank of Firefighter,regardless of prior rank held at another department. Advancement beyond the rank of Firefighter shall occur in accordance with the department's established promotional procedures and civil service requirements. B. Upon hiring, a lateral firefighter's years of full-time, paid experience as a firefighter will be PAGE 19 OF 44 AGENDA ITEM No. 6H divided by two (2) and rounded down to the nearest whole number. The resulting number shall determine the individual's placement on the department's Firefighter pay scale. C. All lateral hires must meet the age, testing, and eligibility requirements established in Texas Local Government Code Chapter 143,to include TCFP Certification, as well as all other applicable provisions of civil service law and departmental hiring standards at the time of testing. Section 10. The parties agree that implementation issues that may arise during the contract may be resolved by consultation between the City Manager and the Association President or their designee without the need to re-open the contract. PAGE 20 OF 44 AGENDA ITEM No. 6H ARTICLE 11 PROMOTIONS Section 1. Effective January 2027 or at a date the Labor Relations Committee (LRC) deems appropriate,this policy outlines required coursework for Fire Equipment Operators (FEOs) seeking eligibility to participate in the Lieutenant promotional examination process within the Wichita Falls Fire Depaitinent. The objective is to ensure candidates possess foundational leadership, instructional, operational, and interpersonal skills necessary for success as a company officer. The courses listed are relevant, cost-effective, and aligned with depaitinental goals. Minimum Required Courses Candidates must complete the following prior to the written promotional exam: 1. Fire Officer I (TCFP-Certified) • Covers leadership, supervision, incident management, and public interaction. • Delivery: In-house or via TEEX. 2. ICS-300 • Emphasizes incident command and tactical decision-making. • Delivery: ICS-300 3. Instructor I (TCFP-Certified) • Prepares candidates to mentor and deliver training. • Delivery: Internal TCFP-certified instructors. 4. Two Internal Department Courses (must complete at least two from the list below): • Leadership Foundations & Emotional Intelligence • Fireground Tactical Decision-Making Workshop • SOG& Policy Familiarization/ Scenario-Based Preparation • Delivery: Internally developed and delivered by WFFD command staff or designee Course Availability Scheduling Commitment to ensure fairness and accessibility, WFFD commits to offering each required and elective course on a recurring basis so that all Fire Equipment Operators have an equitable opportunity to complete them within a 12-month cycle. This approach supports both personal development and promotional eligibility without creating artificial barriers due to scheduling. • Each core course (Fire Officer I, ICS-300, Instructor I) will be offered at least once every year, either in-house or through approved external partners. • Elective internal courses will be rotated at least once annually, with scheduling consideration for all shifts. • The Training Division will publish a 24-month rolling course schedule and provide advance notice of available classes. • Where possible, virtual or hybrid formats will be offered to accommodate various shift schedules and minimize overtime impact. PAGE 21 of 44 AGENDA ITEM No. 6H • Makeup sessions or credit for equivalent outside training may be granted with prior approval. Implementation and Compliance Documentation of course completion must be submitted to the Training Division prior to the exam application deadline. Candidates who have previously completed equivalent coursework may submit for prior credit approval. Cost and Delivery Considerations Most required courses can be offered in-house or through cost-effective partners such as TEEX or FEMA. The department will make efforts to provide or coordinate course offerings on a regular basis to ensure accessibility. The Labor Relations Committee will develop an alternative promotional process for the position of Fire Equipment Operator (FEO) that will be effective January 2027 or at a date the Labor Relations Committee (LRC) deems appropriate. Conclusion This policy supports WFFD's commitment to professional development,operational readiness,and leadership excellence. It ensures that candidates entering the Lieutenant role are equipped to lead safely, confidently, and in alignment with departmental values. PAGE 22 OF 44 AGENDA ITEM No. 6H ARTICLE 12 OVERTIME AND CALLBACK Section 1.All hours worked in excess of the limits allowed under the Federal Fair Labor Standards Act 29 U.S.C. Section 207(k) shall be paid at the rate of one and one-half(1 1/2)times his regular rate of pay. Section 2. Employees who are called back to work when off duty and who report to work as required and as directed shall be guaranteed a minimum of two (2) hours' pay at a rate consistent with the hours worked during the current work period. PAGE 23 OF 44 AGENDA ITEM No. 6H ARTICLE 13 CALLBACK HIRING PROCEDURES Section I. Each shift shall maintain a minimum staffing level of forty-one (41) members on duty as dictated in the City of Wichita Falls Fire Department General Order. To maintain staffing levels, the shift battalion chief may hire back off-duty firefighters to meet mandatory staffing levels. The department shall maintain a hireback list to facilitate this need. If hirebacks are required, the Battalion Chief will utilize the hireback list. Section 2. It is agreed that in emergency situations, the Fire Chief or his designee may forgo the above procedure. A shortage of manpower shall not be deemed an emergency. ARTICLE 14 SICK LEAVE Section 1. All sick leave benefits shall be covered by applicable provisions of the Local Government Code, Chapter 143.045 (a). Firefighters accumulate sick leave at the rate of 1-1/4 full working days for each full month employed in a calendar year, so as to total 15 working days to a person's credit each 12 months. PAGE 24 OF 44 AGENDA ITEM No. 6H ARTICLE 15 BEREAVEMENT LEAVE Section 1. An employee may be granted bereavement leave with pay for not more than three (3) working days in the event of the death of a member of his or her family as defined by City Personnel Policy. PAGE 25 OF 44 AGENDA ITEM No. 6H ARTICLE 16 HOLIDAYS Section 1. The following shall be observed as Holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Fourth Thursday in November Day after Thanksgiving Fourth Friday in November Christmas Eve December 24 Christmas Day December 25 Floating Holidays Defined in City Policy III-4 VII J Section 2. The number and designation of holidays shall be governed by the city council. Any additional holidays approved by City Council shall also apply to the bargaining members. Members of the fire control and rescue division will receive holidays that will be scheduled by the Battalion Chiefs. Section 3. Scheduled holidays occurring when a member is on sick leave may be rescheduled. A physician's statement is required. Scheduled holidays occurring when a member is on injury leave may be rescheduled. Section 4.If a member terminates employment with the city for any reason and if that member has not received the appropriate number of holidays that have occurred up to the time of termination, that member will be compensated for the unused portion of holiday time. PAGE 26 OF 44 AGENDA ITEM No. 6H ARTICLE 17 VACATION Section 1. All members shall earn vacation leave. Vacation will be accrued on the basis of the following schedule. Years of service Days/Hour Day/Pay Period Days/Year Hours/Year 0-9 .058 .577 15 120 10-14 .065 .654 17 136 15+ .077 .76 20 160 Section 2. Administration employees may accrue a maximum of two hundred eighty (280) hours of vacation annually. At any point in time where an employee accrues vacation time in excess of 280 hours, the additional time accrued over and above 280 hours will be lost. Employees in Suppression may accrue a maximum of four hundred and twenty (420)hours of vacation annually. At any point in time where an employee accrues vacation time in excess of 420 hours, the additional time accrued over and above 420 hours will be lost. Section 3.If a member terminates employment with the city for any reason and if that member has not used the accumulated number of vacation hours up to the time of termination, that member will be compensated for the unused vacation hours in accordance with this Article and City Personnel Policy. PAGE 27 OF 44 AGENDA ITEM No. 6H ARTICLE 18 LABOR RELATIONS COMMITTEE Section 1. The Employer and the Association recognize that cooperation between labor and management is indispensable to the accomplishment of sound and harmonious labor relations and agree to jointly maintain and support a Labor-Management Committee. Section 2. The committee shall be maintained as follows: (a) The committee shall meet at mutually agreeable times and places. (b) The committee shall consist of three members appointed by the Association and three members appointed by the Fire Chief. Section 3. The purpose of the Committee is to facilitate improved labor-management relationships by providing a forum for the free discussion of mutual concerns and problems,which may include discussion of the implementation of major new department programs or substantial modifications of existing major department programs. Section 4. The purpose of these meetings shall not be to engage in collective bargaining or grievance handling but to improve communications between the Association,the Department, and the City. The meetings held under this provision shall not be public and shall not be used for the purpose of abusing or attacking any person. Section 5. Upon request by either party, the Labor Relations Committee may meet as needed to discuss any action by the Chief that significantly affects Employees. Examples of such actions include, but are not limited to, changes in protective equipment and promotional testing. PAGE 28 OF 44 AGENDA ITEM No. 6H ARTICLE 19 GRIEVANCE PROCEDURE Section 1. The purpose of this grievance procedure is to establish an effective method for the fair, expeditious, and orderly adjustment of grievances. A grievance is defined as any dispute, claim, or complaint involving the interpretation, application, or alleged violation of any provisions of this Agreement. The Association may file a grievance under the terms of this Agreement. Each grievance shall be submitted on a form agreed to by the parties and must include (1) a brief statement of the grievance and the facts or events on which it is based; (2) the section(s) of the contract alleged to have been violated; (3) the remedy or adjustment sought; and the Employees signature or if filed by the Association the signature of the Grievance Committee Chairman or local Association President. Section 2. Grievance Procedure: Step 1: An Employee who is aggrieved must file a grievance with the Association Grievance Committee within fifteen (15) days of the date upon which the member knew of or should have known of the facts or events given rise to the grievance except for a contract grievance which shall be filed within ten (10) days after the date the Employees receives notice of such discipline. A copy of the notice of receipt of the grievance shall be forwarded to the Fire Chief by the Association grievance committee within three(3)days of receipt of the grievance. The Association Grievance Committee shall, within its sole discretion, determine if a grievance exists. If the Association Grievance Committee determines that no grievance exists,it shall notify the Fire Chief that no further proceedings will be necessary. If the Association Grievance Committee determines that the grievance is valid, it shall process the grievance on behalf of the Employee(s) by forwarding the written grievance to step 2 of this procedure. Any grievance filed by the Association shall proceed directly to step 2 of this procedure. Step 2: Any grievance found to be valid by the Association Grievance Committee shall be submitted to the Fire Chief within three(3)days of the Step 1 ruling.After receipt of the grievance, the Fire Chief shall, within ten (10) days, submit his response in writing to the Association Grievance Committee. Step 3:If the grievance is not resolved at step 2,the Association Grievance Committee shall submit the grievance in writing to the City Manager or his designee within ten (10) days from receipt of the step 2 decision. The City Manager or his designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten(10)days of receipt of the grievance. Step 4: If the grievance is not resolved at step 3, the Association shall have ten (10) days from receipt of the City Manager's decision to submit the matter to arbitration. Arbitration will be invoked by the Association Grievance Committee delivering a letter to the City Manager or his designee. Step 5: If a grievance is submitted to arbitration, the Employer and the Association may within five (5) days of such request jointly appoint an agreed upon arbitrator, upon a failure to agree, the Employee and Association shall within five (5) days request a list of seven (7) arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service. Within ten (10) days following receipt of the list of arbitrators, the parties shall select an arbitrator by each PAGE 29 OF 44 AGENDA ITEM No.6H party in turn, striking one name from the list until only one (1) name remains. The remaining individual on the list shall serve as the Arbitrator. The arbitrator so selected shall, through the agency selected, be promptly notified of his selection, and the parties in agreement with the arbitrator shall select a time,place, and date for the hearing of the grievance. (a) Within thirty (30) days after conclusion of the hearing, the arbitrator shall issue a written opinion and ruling with respect to the issues presented,a copy of which shall be mailed or delivered to the Association and the Employer. (b) With respect to the application, interpretation, and enforcement of the provisions of this agreement, the decision of the arbitrator shall be final and binding on the parties to this agreement. (c) The arbitrator's authority shall be limited to the interpretation and application of the terms of this agreement and/or any supplement thereto. The arbitrator shall have no jurisdiction or authority to establish provisions of a new agreement or variations of the present agreement or to arbitrate away, in whole or in part, any provisions of amendments thereof. (d) The cost of the impartial arbitrator shall be shared equally between the Association and the Employer. If a transcript of the proceedings is requested,then the party so requesting shall pay for such transcript, unless otherwise agreed to by the parties. All time limits set forth in this article may be extended by mutual consent, but if not so extended, they must be strictly observed. Failure of the Association or the grievant to comply with the time limits set forth will serve to declare the grievance settled, and no further action may be taken. Failure of the Employer to respond within the time limits shall constitute a denial of the grievance, and the grievant(Association) may proceed to the next step. It is specifically and expressly understood that filing a grievance under this article that has as its last step final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, to litigate or otherwise contest the last answer rendered through this grievance procedure in any court or other appeal forum. Section 3. Civil Service Appeals: All appeals of Employees' disciplinary matters heretofore heard by the Civil Service Commission or Hearing Examiner shall continue to be so heard and with all rights of appeals as provided in the Texas Local Government Code, Chapter 143, et seq., Vernon's Texas Codes Annotated, as amended. The arbitrator's decision shall be in writing and shall be based on the testimony, documents, and exhibits made a part of the arbitration record. Except as provided for in this Agreement, the arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement thereto. The arbitrator shall have no jurisdiction or authority to create new terms and conditions not specified in the Agreement or to render null any provisions contained in the Agreement. PAGE 30 OF 44 AGENDA ITEM No. 6H ARTICLE 20 HEALTH AND SAFETY Section 1. In recognition of the physical challenges and requirements of firefighting, as well as in recognition of the increased risk of cancer to firefighters, NFPA 1582 standard physicals will be available and shall be provided for employees annually in accordance with the standards set forth by the NFPA 1582. • Public Safety Physical Exam (NFPA 1582 Compliant) • Laboratory Tests • Ultrasound screenings (early detection of heart disease and cancer) • Cardiopulmonary testing and fitness eval (NFPA1583 &IAFF WFI) Section 2. Should the NFPA 1582 standards alter or change, the parties agree to utilize the NFPA standards in effect at the time the screening is offered. PAGE 31 of 44 AGENDA ITEM No. 6H Article 21 STAFFING OF FIRE COMPANIES Section 1. Staffing levels of fire companies must be standardized between shifts and stations. The following staffing will be used at all times. Only the Deputy Chief or Chief of the Department can authorize less. Section 2. Staffing levels on Truck Companies and Squads will not fall below three. Section 3. Single company stations staffed with only three members are the first to have additional staffing added. Section 4. Staffing levels will be maintained at a minimum of 41 personnel on duty per shift. Section 5. These staffing levels are intended for long durations and do not include short periods, such as staffing brush trucks or meetings. Section 6.It is the purpose of this agreement to let the Fire Chief hire and supervise a non-sworn, non-civil service employee who holds an Automotive Service Excellence and Emergency Vehicle Technician certification to service and maintain fire apparatus and vehicles assigned to the department. Non-compliance with this Article will not result in a violation of this Article and is not subject to the grievance procedure under Grievance Article 19. PAGE 32 OF 44 AGENDA ITEM No. 6H ARTICLE 22 HOURS OF WORK Section 1. The work shift for all fire protection Employees shall consist of one (1) twenty-four (24)hour shift on duty beginning at 8:00 a.m. and ending at 8:00 a.m.the following day, followed by forty-eight(48) hours off duty. Section 2. Should both parties agree, they may change the work shift schedule for all fire protection personnel during the term of this contract. PAGE 33 OF 44 AGENDA ITEM No. 6H ARTICLE 23 SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS Section 1. Members shall be allowed to trade time with other members in accordance with applicable Department General Orders. PAGE 34 OF 44 AGENDA ITEM No. 6H ARTICLE 24 ASSOCIATION BUSINESS Section 1.Members of the Association negotiating team shall be allowed time off,at the discretion of the Chief, with pay to attend negotiation meetings mutually set by the Employer and the Association when such meetings occur during the regularly scheduled time of the Employees, subject to manning or other needs of the Fire Department. Section 2. Subject to prior notification to and approval from the Fire Chief, or his designee, the Association President or designee(s) shall have the right to visit the premises of the Fire Department for purposes of administering this agreement. Visits shall be conducted in a manner and at a time so as not to interfere with the functions of the department. Such approval of the Fire Chief shall not unreasonably be withheld. Section 3. The Employer will allow space on an existing bulletin board for the Association at each station. Articles on such boards shall be limited to local, state, or national meeting announcements, legislative reports, safety bulletins, etc. No materials endorsing political candidates, issues, or any matter that may be considered degrading or derogatory to the Employer or any City Official will be allowed on the board. Section 4. Members of the Local 432 Association E-board shall be allowed time off with pay in the form of ACB(Acting City Business)to attend TSAFF (Texas State Association of Firefighters) and/or IAFF (International Association of Firefighters) Leadership or Training. The time off allowed per E-Board member each fiscal year shall be no more than 72 hours or 3 three (3) 24- hour Shifts. These hours may be pooled and utilized by any member of the E-board, subject to the provisions of this Article. Section 5.Subject to prior written notification to and approval from the Fire Chief, or his designee, the Association President or designee(s) shall have the right to visit the premises of the Fire Department for purposes of conducting official Association business. Visits shall be conducted in a manner and at a time so as not to interfere with the functions of the department. Such approval of the Fire Chief shall not unreasonably be withheld. PAGE 35 OF 44 AGENDA ITEM No. 6H ARTICLE 25 MISCELLANEOUS PROVISIONS Section 1. The Employer shall furnish one (1) copy of this Agreement to each Employee electronically and one (1) written copy for each fire station. Section 2.All employees shall be allowed to review their official personnel file under supervision at any reasonable time upon request to the Fire Chief. ARTICLE 26 NO STRIKE OR LOCKOUT Section 1. The Employer and the Association agree to abide by the provisions of applicable law regarding strikes, slowdowns, and lockouts. ARTICLE 27 DISCRIMINATION Section 1. The Employer agrees not to discriminate against any Employee for their activity on behalf of or membership in the Association. The Association agrees that it will not coerce or intimidate any Employee into joining the Association. The Association and Employer recognize that no Employee is required to join the Association,but that each Employee has the right to choose of their own free will as to whether they will or will not join the Association. The Association further agrees that there will be no interference with the free right of any Employee of the Employer to enter and leave its premises and property unmolested and without harassment. ARTICLE 28 SUCCESSORS AND ASSIGNS Section 1. This Agreement binds the successors and assignees of the parties during its term. No terms shall be altered by changes in ownership, management, or location of either party. ARTICLE 29 SAVINGS CLAUSE Section 1.If any part of this Agreement is found invalid, it does not affect the rest. The remaining provisions will still apply without the invalid part. Section 2. This Agreement outlines all employment terms and conditions for the contract period and may be amended by mutual consent. Section 3. Any appendices to this Agreement must be numbered, dated, and signed by both the Employer and the Association. They are subject to this Agreement unless explicitly stated otherwise, and shall be considered an integral part of it. PAGE 36 OF 44 AGENDA ITEM No. 6H ARTICLE 30 DEPUTY CHIEF Section 1. It is agreed that for the term of this Agreement, the City may retain the individual currently acting as Deputy Fire Chief to continue to serve in that position at the same level and conditions of employment. In adopting this article, the Parties agree that upon the approval and creation of one additional position at the rank classification immediately below the Department head, it will be in addition to the current position authorized by Section 143.014(c) TLGC, and that this will result in a total of two appointed positions at the rank classification immediately below the Depaittuent head. The department head shall appoint the Deputy Fire Chief(s) in accordance with Section 143.014(d) of the Local Government Code, upon a vacancy in the Deputy Fire Chief position. Section 2. Appointment to the Rank Classification Immediately Below the Department Head The two Deputy Chief positions immediately below the Department head shall be exempt from competitive examination, and, instead, shall continue to be made by appointment by the Department head, at the Department head's discretion. The Depatttuent head will not be required to make promotions to the rank classification immediately below that of their own position within any specific time period. Any person(s)appointed to the rank classification immediately below the Department head may be demoted to their prior tested rank or equivalent as stated in this article, at the discretion of the Department head, and shall have no right to prior notice, statement of charges, or to grieve or appeal such demotion.Neither the Commission nor any Arbitrator or court shall have any jurisdiction,power, or authority to investigate or review such demotion or alter the terms of any demotion. Section 3. It is understood that the Deputy Fire Chief may assume responsibility for overseeing the administration and daily operations of the Fire Department in the absence of the Fire Chief. Section 4. It is agreed and understood that under no circumstances shall the Deputy Chief be granted or delegated any authority that is exclusive jurisdiction of the properly appointed department head under the provisions of Chapter 143 of the Local Government Code. This includes but is not limited to suspension, indefinite suspension, promotions, promotional passovers, and recommended demotions. The Deputy Chief may make recommendations to the department head relating to the matters under his jurisdiction. Section 5. By this Agreement, the Association in no way waives any rights to require the position of Deputy Chief to be classified in a manner consistent with Chapter 143 of the Local Government Code following termination of this or future agreements. By this Agreement, the City in no way waives any rights to claim that the present individual filling the position of Deputy Chief is authorized to do so under the provisions of Chapter 143 of the Local Government Code. ARTICLE 31 DEFINITIONS ASSOCIATION: International Association of Fire Fighters, Local No.432. CHIEF: Fire Chief of the City of Wichita Falls. CIVIL SERVICE COMMISSION: Civil Service Commission of the City of Wichita Falls. PAGE 37 OF 44 AGENDA ITEM No. 6H EMPLOYEE: means a permanent, paid employee of the fire depatttnent of the City of Wichita appointed in accordance with Section 143.003, Local Government Code. The term does not include: the chief of the depatttnent, or a volunteer firefighter. EMPLOYER: The City of Wichita Falls, Texas MEMBER: means a permanent, paid employee of the fire depaittnent of the City of Wichita appointed in accordance with Section 143.003, Local Government Code. The term does not include: the chief of the depaittnent, or a volunteer firefighter. OFFICER: Any firefighter with the rank of Fire Lieutenant or above. IN WITNESS WHEREOF, the parties have hereunto set their hand this the day of , 2025. CITY OF WICHITA FALLS, TEXAS INTERNATIONAL ASSOCIATION FIRE FIGHTERS, LOCAL NO.432 By: By: ATTEST: ATTEST: City Clerk Local President IAFF Local 432 APPROVED TO FORM: City Attorney PAGE 38 OF 44 AGENDA ITEM No. 6H APPENDIX A. The following departments are defined as those that serve municipalities in Texas within 300 miles of Wichita Falls that are professional fire departments only that do not require paramedic certification for all firefighters, and are the 14 that are most similar in size to the Wichita Falls Fire Department: • Abilene • Bryan • Carrollton • College Station • Flower Mound • Georgetown • Lewisville • Longview • Odessa • Richardson • Round Rock • San Angelo • Temple • Tyler PAGE 39 OF 44 AGENDA ITEM No. 6H APPENDIX B. eff.09.21.2024 CITY OF WICHITA FALLS,TEXAS FIRE PAY SCHEDULE-2024-2025 5%COLA Firefighter Trainee-5110 1 HOURLY $22.94 BIWKLY $1,835.20 ANNUAL $47,715.201 Firefighter-24hr-5111 1 2 3 4 5 6 7 8 9 10 11 12 HOURLY $19.88 $20.39 $20.92 $21.45 $22.00 $22.56 $23.14 $23.73 $24.34 $24.96 $25.61 $26.26 BIWKLY $2,147.04 $2,202.12 $2,259.36 $2,316.60 $2,37600 $2,43648 $2,499.12 $2,562.84 $2,628.72 $2,695.68 $2,765.88 $2,836.08 ANNUAL $55,823.04 $57,255.12 $58,743.36 $60,231.60 $61,776.001 $63,348 48i $64,977.12 $66,633.84 $68,346.721 $70,087.681 $71,912.881 $73,738.08 Fire Equipment Operator-24hr-5112 1 2 3 4 5 6 7 HOURLY $25.11 $25.75 $26.41 $27.08 $27.78 $28.49 $29.22 BIWKLY $2,711.88 $2,781.00 $2,852.28 $2,924.64 $3,000.24J $3,076.92 $3,155.76 ANNUAL $70,508.88 $72,306.00 $74,159.28 $76,040.64 $78,006.24 $79,999.92 $82,049.76 Fire Lieutenant-24hr-5113 1 2 3 4 5 6 7 HOURLY $29.06 $29.81 $30.58 $31.35 $32.16 $32.98 $33.82 BIWKLY $3,138.48 $3,219.48 $3,302.64 $3,385.80 $3,473.28 $3,561.84 $3,652.56' ANNUAL $81,600.48 $83,706.48 $85,868.64 $88,030.80 $90,305.28 $92,607.84 $94,966.56 Assistant Fire Marshal-80hr-5113 1 2 3 4 5 6 7 HOURLY $39.23 $40.24 $41.28 $42.32 $43.42 $44.52 $45.66 BIWKLY $3,138.48 $3,219.48 $3,302.64 $3,385.80 $3,473.28 $3,561.84 $3,652.56 ANNUAL $81,600.48 $83,706.48 $85,868.64 $88,030.80 $90,305.28 $92,607.84 $94,966.56 Fire Captain-24hr-5114 1 2 3 4 5 6 7 HOURLY $32.04 $32.85 $33.71 $34.58 $35.46 $36.36 $37.30 BIWKLY $3,460.32 $3,547.80 $3,640.68 $3,734.64 $3,829.68 $3,926.88 $4,028.40 ANNUAL $89,968.32 $92,242.80 $94,657.68 $97,100.64 $99,571.68 $102,098.88 $104,738.40 Deputy Fire Marshal-80hr-5114 1 2 3 4 5 6 71 HOURLY $43.25 $44.35 $45.51 $46.68 $47.87 $49.09 $50.36 BIWKLY $3,460.32 $3,547.80 $3,640.68 $3,734.64 $3,829.68 $3,926.88 $4,028.40 ANNUAL $89,968.32 $92,242.80 $94,657.68 $97,100.64 $99,571.68 $102,098.88 $104,738.40 Batallion Chief-24hr-5115 1 2 3 4 5 6 7 HOURLY $37.10 $38.04 $39.02 $40.02 $41.03 $42.09 $43.17 BIWKLY $4,006.80 $4,108.32 $4,214.16 $4,322.16 $4,431.24 $4,545.72 $4,662.36 ANNUAL $104,176.80 $106,816.32 $109,568.16 $112,376.16 $115,212.24 $118,188.72 $121,221.36 Bata Ilion Chief/Fire Marshal-80hr-5119 1 2 3 4 5 6 7', HOURLY $50.07 $51.36 $52.68 $54.02 $55.41 $56.83 $58.28 BIWKLY $4,005.60 $4,108.80 $4,214.40 $4,321.60 $4,432.80 $4,546.40 $4,662.40 'ANNUAL $104,145.60 $106,828.80 $109,574.40 $112,361.60 $115,252.80 $118,206.40 $121,222.40 Deputy Chief-80hour-5116 1 2 3 4 5 6 7 HOURLY $57.97 $59.46 $60.98 $62.54 $64.13 $65.78 $67.46 BIWKLY $4,637.94 $4,756.75 $4,878.18 $5,003.11 $5,130.65 $5,262.57 $5,397.10 ANNUAL $120,586.50 $123,675.55 $126,832.74 $130,080.79 $133,396.97 $136,826.73 $140,324.62 PAGE 40 OF 44 AGENDA ITEM No. 6H eff.09.20.2025 CITY OF WICHITA FALLS,TEXAS FIRE PAY SCHEDULE-2025-2026 10%COLA Firefighter Trainee-5110II HOURLY $25.23 BIWKLY $2,018.72 ANNUAL $52,486.72 Firefighter-24hr-5111 _ 1 2 3 4 3.1 6 7 8 91 10 11 12 HOURLY $21.871 $22.43 $23.01 $23.60 $24.20 $24.82 $25.45 $26.10 $26.77 $27.46 $28.17 $28.89 BIWKLY $2,361.741 $2,422.331 $2,485.30 $2,548.26 $2,613.60+ $2,680.13 $2,749.03 $2,819.12 $2,891.59 $2,965.25 $3,042.47 $3,119.69 ANNUAL $61,405.34 $62,980.63 $64,617.70 $66,254.76 $67,953.60 $69,683.33 $71,474.83 $73,297.22 $75,181.39 $77,096.45 $79,104.17 $81,111.89 Fire Equipment Operator-24hr-5112 1 2 3 4 5)_ 6 7 HOURLY $27.62 $28.33 $29.05 $29.79 $30.56 $31.34 $32.14 B-IWKLY $2,983.07 $3,059.10 $3,137.51 $3,217.10 $3,300.26 $3,384.61 $3,471.34 ANNUAL $77,559.77 $79,536.60 $81,575.21 $83,644.70 $85,806.86 $87,999.91 $90,254.74 F-ire Lieutenant-24hr-5113 1 2 3 41 5 6 7 HOURLY $31.97 $32.79 $33.64 $34.491 $35.38 $36.28 $37.20 BIWKLY .............................................................................................................................. .$3,452.33 .._$3,541.43... ._$3,632.90 $3,724.38' ......... $3,820.61 $3,918.02"............... ..$4,017.82 ANNUAL $89,760.53 $82,077.13 $34,455.50 $96,833.88 $99,335.81 $101,868.62 $104,463.22 Assistant Fire Marshal-80hr-5113 1 2 31 4 5 6 71 HOURLY $43.15 $44.27 $45.41 $46.55 $47.76 $48.98 $50.22 BIWKLY $3,452.33 $3,541.43 $3,632.901 $3,724.38 $3,820.61 $3,918.02 $4,017.82 ANNUAL $89,760.53 $92,077.13 $94,455.50L $96,833.88 $99,335.81 $101,868.62 $104,463.22 Fire Captain-24hr-5114 1 21 3 4 51 6 7 HOURLY $35.24 $36.14 $37.08 $38.04 $39.01 $40.00 $41.03 BIWKLY $3,806.35 $3,902.58 $4,004.75 $4,108.10 $4,212.65 $4,319.57 $4,431.24 ANNUAL $98,965.15 $101,467.08 $104,123.45 $106,810.70 $109,528.85 $112,308.77 $115,212.24 Deputy Fire Marshal-80hr-5114 1 2; 3 4 5 6 7 HOURLY $47.58 $48.78 $50.06 $51.35 $52.66 $53.99 $55.39 BIWKLY $3,806.35 $3,902.58, $4,004.75 $4,108.10 $4,212.65 $4,319.57 $4,431.24 ANNUAL $98,965.15 $101,467.08 $104,123.45 $106,810.70 $109,528.85 $112,308.77 $115,212.24 Batallion Chief-24hr-5115 1 2 3 4 5 6 7 HOURLY $40.81 $41.84 $42.92 $44.02 $45.13 $46.30 $47.49 BIWKLY $4,407.48 $4,519.15 $4,635.58 $4,754.38 $4,874.36 $5,000.29 $5,128.60 ANNUAL $114,594.48 $117,497.95 $120,524.98 $123,613.78 $126,733.46 $130,007.59 $133,343.50 Batallion Chief/Fire Marshal-80hr-5119 1 2 3 4 5 6 7 HOURLY $55.09 $56.49 $57.94 $59.43 $60.93 $62.50 $64.11 BIWKLY $4,407.48 $4,519.15 $4,635.58 $4,754.38 $4,874.36 $5,000.29 $5,128.60 ANNUAL $114,594.48 $117,497.95 $120,524.98 $123,613.78 $126,733.46 $130,007.59 $133,343.50 Deputy Chief-80 hour-5116 1 2 3 4 5 6 HOURLY $63.77 $65.41 $67.08 $68.79 $70.55 $72.36 $74.21 BIWKLY $5,101.74 $5,232.43 $5,366.00 $5,503.421_ $5,643.721 $5,788.82 $5,936.81 ANNUAL $132,645.15 $136,043.11 $139,516.01 $143,088.87 $146,736.67 $150,509.40 $154,357.08 PAGE 41 OF 44 AGENDA ITEM No. 6H eff.09.18.2026 CITY OF WICHITA FALLS,TEXAS FIRE PAY SCHEDULE-2026-2027 10%COLA-RESTRUCTURED Firefighter Trainee-5110 1 HOURLY $30.84 [BIWKLY $2,467.19 ANNUAL $64,146.94 Firefighter-24hr-5111 1 2 3 4 5 6 HOURLY $24.67 $25.95 $27.30 $28.71 $30.20 $31.77 BIWKLY $2,664.57 $2,803.09 $2,948.14 $3,101.04 $3,261.77 $3,431.66 ANNUAL $69,278.70 $72,880.24 $76,651.66 $80,626.95 $84,806.09 $89,223.08 Fire Equipment Operator-24hr-5112 1 2 HOURLY $34.32 $35.69 BIWKLY $3,706.19 $3,854.44 ANNUAL $96,360.92 $100,215.36 Fire Lieutenant-24hr-5113 I 1 2 HOURLY $38.54 $40.091 BIWKLY $4,162.79 $4,329.30 ANNUAL $108,232.59. $112,561.89, Assistant Fire Marshal-80hr-5113 1 2 1 HOURLY $52.03 $54.12 BIWKLY $4,162.79 $4,329.30 ANNUAL $108,232.59L $112,561.89 Fire Captain-24hr-5114 1 HOURLY $43.29 BIWKLY $4,675.65 ANNUAL $121,566.84 Deputy Fire Marshal-80hr-5114 1 HOURLY $58.45 BIWKLY $4,675.65 ANNUAL $121,566.84 Batallion Chief-24hr-5115 1 HOURLY $48.42 BIWKLY $5,229.81 ANNUAL $135,975.155 Batallion Chief/Fire Marshal-80hr-5119 11 HOURLY $65.37 1 BIWKLY $5,229.81 ANNUAL I $135,975.15 Deputy Chief-80 hour-5116 1 HOURLY $70.60 BIWKLY $5,648.20 ANNUAL $146,853.17 PAGE 42 OF 44 AGENDA ITEM No. 6H eff.10.01.2027 CITY OF WICHITA FALLS,TEXAS FIRE PAY SCHEDULE-2027-2028 10%COLA Firefighter Trainee-5110 1 HOURLY $33.92 BIWKLY $2,713.91 ANNUAL $70,561.63 Firefighter-24hr-5111 1 2 3 4 5 6 HOURLY $27.14 $28.55 $30.03 $31.58 $33.22 $34.95 2 83.39 $3,242.95 $3,411.14 rUAL $76,206.556 $80,0168.26 $84,316.83 $88,689.64 93,286.70 98,145.38 $93,286.70 $98,145.38 7 Fire Equipment Operator-24hr-5112 1 2 HOURLY $37.75 $39.26 BIWKLY $4,076.81 $4,239.88 ANNUAL $105,997.02 $110,236.90 ............... ..... . Fire Lieutenant-24hr-5113 1 HOURLY $42.40 $44.09 BIWKLY $4,579.07 $4,762.23 ANNUAL $119,055.85 $123,818.081 Assistant Fire Marshal-80hr-5113 1! 2 HOURLY $57.24 $59.53 BIWKLY $4,579.07 $4,762.23 ANNUAL $119,055.851 $123,818.081 Fire Captain-24hr-5114 1 HOURLY $47.62 BIWKLY _ $5,143.21 'ANNUAL $133,723.53 Deputy Fire Marshal-80hr-5114 1' HOURLY $64.29 BIWKLY $5,143.21 ANNUAL $133,723.53 Batallion Chief-24hr-5115 1i HOURLY $53.27 BIWKLY $5,752.79 ANNUAL $149,572.67 Batallion Chief/Fire Marshal-80hr-5119 1 HOURLY $71.91 BIWKLY $5,752.79 ANNUAL $149,572.67 Deputy Chief-80 hour-5116 1 HOURLY $77.66 BIWKLY $6,213.02 ANNUAL $161,538.48 PAGE 43 OF 44 AGENDA ITEM No. 6H APPENDIX C. Longevity Pay Table Years of Service Annual Payment 1 $238 2 $475 3 $713 4 $950 5 $1,188 6 $1,426 7 $1,633 8 $1,901 9 $2,138 10 $2,376 11 $2,614 12 $2,851 13 $3,089 14 $3,326 15 and Above $3,564 PAGE 44 OF 44 AGENDA ITEM No. 6H CITY COUNCIL AGENDA June 3, 2025 ITEM/SUBJECT: Resolution supporting the City of Wichita Falls' application to the Texas Department of Transportation's 2025 Transportation Alternatives Set-Aside (TA) call for projects INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVES: Continue to improve recreational amenities; Continue the Bicycle Friendly Initiative COMMENTARY: On February 21 of this year, the Public Works Department submitted a preliminary application to TxDOT in response to the 2025 Transportation Alternatives Call for Projects. The preliminary application presented the Hike and Bike Trail Along Lake Wichita project, which is a 0.9-mile addition of trail that completes the 24-mile loop of the Circle Trail. TxDOT has since deemed the project eligible for funding and requested a detailed application for the project. Passing this resolution affirms the City Council's support for the project, which is a TxDOT requirement prior to further consideration for funding. The City would be obligated to match 20% of the project costs plus 100% of overruns, if necessary, while TxDOT would provide 80% of the project costs. The total estimated cost for the project is $5.6 M, which includes construction, environmental permitting, engineering, and right-of-way acquisition. Based upon the preliminary alignment, the trail would be constructed within a corridor of City-owned land between the current shoreline of Lake Wichita and platted blocks (Lake View Farms Addition) along Lake Shore Drive. Some acquisition of additional right-of- way may be preferred, but is not required for the project. No right-of-way will be acquired using eminent domain. ® Director, Public Works ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Location Map, Advance Funding Agreement ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.A Resolution No. Resolution supporting the City of Wichita Falls' application to the Texas Department of Transportation's 2025 Transportation Alternatives Set-Aside (TA) call for projects WHEREAS, the City of Wichita Falls owns and operates a hike and bike trail system known as the Circle Trail that is openly used by the public for transportation and recreation; and WHEREAS, the City of Wichita Falls periodically designs and constructs new sections of the Circle Trail as funding is available, and this section, known as the Hike and Bike Trail Along Lake Wichita, is the last remaining section of trail before closing the loop of the Circle Trail. WHEREAS, the Texas Department of Transportation issued a call for projects in January 2025 for communities to apply for funding assistance through the Transportation Alternatives Set-Aside (TA) Program; and WHEREAS, the TA funds may be used for the development of preliminary engineering (plans, specifications, and estimates, and environmental documentation) and the construction of pedestrian and bicycle infrastructure. The TA funds require a local match, comprised of cash or Transportation Development Credits (TDCs), if eligible. The City of Wichita Falls would be responsible for all nonreimbursable costs and 100% of overruns, if any, for TA funds; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls supports funding this project as described in the 2025 TA Detailed Application and is willing to commit to the project's development, implementation, construction, maintenance, management, and financing. The City of Wichita Falls is willing and able to enter into an agreement with the department by resolution or ordinance, should the project be selected for funding. PASSED AND APPROVED this the 3rd day of June, 2025. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.A WICHITA FALLS CIRCLE TRAIL MAY 2025 WICHITA FALLS, TEXAS TOTAL: 24.0 MILES OF TRAIL AROUND THE CITY `____ � N _L__1 -EXISTING TRAIL-22.7 MILES W -� ` E S UNDER CONSTRUCTION-0.4 MILES S �PROPOSEDTRAIL-0.9MILES - t ♦ ��y,._ �t >✓ UNDER 1i0PAxx 1 '' 'L--"- Z i't1\\e,1' 1 I Ml Eihl0Ol 0r0riff :414/100,1.4.00r.4or"mR '' _ f SA T CONSTRUCTIO `erParz'V�IEM 1/♦ gip. „ Nit MLnif ll \ - �SEYMOl1R -- st i' I v■�� bVICHITA BLUFF - ,. A -�ia. NATUREARRA a'.y,..-•. '=zik._. = ` y `,iss .� _� u��li l� N�tAO 1 1 I tjI ■ t a 1 i� .7 it ;♦� 1w1 • �o I II I�1 •�; _ .� as a �1.11� T-, - ' v a:ci 1 v.gyv rs:a- -. cr Z D 1� LI■■i�,T L. . 111 , -- it. ��,,�, Al w iu ' I -.wain: °. 11 �I� KELL W� CALL FIELD RD J i�'2ul__ F mC ' m II , ... da ffte -461 .1„,. 3= • y z �� SOUTHWEST PKWY 11.° SOU J r.."• `` PROPOSED TRAIL (Irailiar ,' rHWESTpx - /l cc 0 + `� TAKE I_ I r --- WI 1`- x1RK � r i/ ` L Lake Wichita , 41A)1614-------i Ta I wffy" Ts xns A PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7A Cost Estimate Wichita Falls Circle Trail _ Hike and Bike Trail Along Lake Wichita Item Description Unit I Quantity I Unit Price I Total 1 Mobilization& Insurance LS 1 $185,200.00 $185,200.00 2 Site Preparation STA 46 $2,500.00 $115,000.00 3 Excavation_ CY 3,000 $20.00 $60,000.00 t 4 Embankment CY 12,000 $25.00 $300,000.00 5 Concrete Pavement SY 5,250 $85.00 $446,250.00 6 Concrete Retaining Wall SF 3,750 $130.00 _ $487,500.00 7 Concrete Footing LF 500 $50.00 $25,000.00 8 Handrail LF 1,750 $175.00 $306,250.00 9 Park Bench w/Pad EA 3 $6,000.00 $18,000.00 10 Concrete Culvert(cast-in-place) EA 5 $4,000.00 $20,000.00 11 Stormwater Pipe(24"dia.) LF 350 — $250.00 $87,500.00 12 Stormwater Pipe(36"dia.) LF 50 $300.00 $15,000.00 13 Stormwater Pipe(48"dia.) LF 50 $400.00 $20,000.00 14 Stormwater Pipe(60"dia.) L LF 150 $500.00 $75,000.00 15 Stormwater Headwall(24"dia.) EA 8 $3,500.00 $28,000.00 -16 Stormwater Headwall(36"dia.) EA 2 $4,500.00 $9,000.00 17 Stormwater Headwall(48"dia.) EA 1 $5,500.00 $5,500.00 18 Stormwater Headwall (60"dia.) EA 1 $7,500.00 $7,500.00 19 Stormwater Concrete Area Inlet EA 3 $7,500.00 $22,500.00 20 Stormwater Junction Box EA 2 $6,000.00 $12,000.00 21 Rock Rip Rap CY 500 $150.00 $75,000.00 22 Concrete Rip Rap SY 1,000 $70.00 $70,000.00 23 _Concrete and Final Grading SY 12,000 $10.00 ' $120,000.00 24 Revegetation SY 12,000 $1.50 $18,000.00 25 Erosion Control Mat SY 12,000 $3.00 $36,000.00 26 Steel Bridge LF 350 $2,500.00 $875,000.00 27 Bridge Abutments/Bents EA 6 $60,000.00 $360,000.00 28 Stormwater Pollution Prevention LS 1 $75,000.00 $75,000.00 29 Trench Safety LS 1 $15,000.00 $15,000.00 Construction Subtotal $3.889,200.00 Construction Contingency 20% $777,840.00 Environmental Permitting/Mitigation $275,000.00 Design, Bidding,&Construction Management $466,704.00 Right-Of-Way Acquisition 65k SF @ $2.5/SF $162,500.00 Total per _1i^2s S5,571,244.00 ia,lrirZkt% ar tip T. Traw $ +t:. is 7 ‘11 OF r Iki PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7A