AGD 08/19/2025 City of Wichita Falls
City Council Agenda
Tim Short, Mayor
Austin Cobb, At Large F ~�
Whitney Flack, District 1 � ✓r. ; , .1 1�., z
Robert Brooks, District 2 �.7
I/� Jeff Browning, Mayor— Pro-Tem/District 3 a
p r ift d
?i)i�414 A4 Mike Battaglino, District 4 .rr di4c ,ryas, '
TEXAS Tom Taylor, District 5 '"" L � '110.'
gime,5kies 97porta ies
Jeffery Jenkins, City Managerf�"L .,.
Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held At The MPEC, 1000 Fifth Street, Hayley Eye Clinic Seminar
Room, Tuesday, August 19, 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: Pastor Bob McCartney
First Baptist Church
(b) Pledge of Allegiance
3. Presentations
(a) Proclamation — The Road to College Program, Mi Café Con Leche
4. Comments from the public to members of the city council concerning items that are
not on the city council agenda. People wishing to address the council should sign up
prior to the start of the meeting. A three-minute time frame will be adhered to for those
addressing their concerns. Since comments from citizens are not posted agenda
items, the City Council is prohibited from deliberating or taking any action, other than
a proposal to place the item on a future agenda. Staff may provide factual statements
in response to inquiries or recite existing policy.
CONSENT AGENDA
5. Approval of minutes of the August 5, 2025, Regular Meeting of the Mayor and City
Council.
6. Resolutions
(a) Resolution authorizing the City Manager to award bid and contract for the 2025
Sewer Budget Utility Improvement Project Phase 1 to Insituform Technologies,
LLC in the amount of $1 ,144,111 .00
(b) Resolution authorizing the City Manager to approve a change order to purchase
order 22501013 with Andritz Separation Inc. for an additional $87,750.00 for
additional work for repairs of frame members of a Belt Filter Press at the Wichita
Falls Resource Recovery Facility at 1005 River Road
(c) Resolution authorizing the City Manager to approve Change Order No. 1 for the
2025 Asphalt Rehabilitation Project to Overland Corporation in the amount of
$559,837.08
(d) Resolution authorizing the City Manager to sign all documents necessary awarding
a contract for flood extraction and remediation at the Police Department
Headquarters at 610 Holliday to All American Restoration LLC in the amount of
$146,983.24
(e) Resolution authorizing the City Manager to sign all documents necessary awarding
a contract for flood damage reconstruction at the Police Department Headquarters
at 610 Holliday to Select Pro Construction LLC in the amount of $108,832.40
(f) Resolution authorizing the City Manager to sign all documents necessary awarding
a contract for emergency repairs to the sewer main line at the Central Services
Complex at 2100 Seymour Highway to Wilbourn & McCabe Plumbing Company in
the amount of $104,870
(g) Resolution authorizing the City Manager to award a contract for the replacement
of the roof on Fire Station #1 at 1005 Bluff to Lydick-Hooks Roofing Co. of Wichita
Falls, Inc. in the amount of $123,300
(h) Resolution authorizing the use of Federal Aviation Administration funds for terminal
projects and purchasing replacement apron lighting for the Wichita Falls Regional
Airport, located at 4000 Armstrong Drive, through the Sourcewell Purchasing
Cooperative from Musco Sports Lighting, LLC in the amount of $89,000 for the
Airports Division
CITY COUNCIL AGENDA
PAGE 2 OF 4
(i) Resolution approving the programs and expenditures of the Wichita Falls Type B
Sales Tax Corporation (4B) by amending the budget to include funding in an
amount not to exceed $104,100 to White Realty Management Company to assist
with renovations at the City National Building at 807 8th Street downtown
7. Receive Minutes
(a) Wichita Falls 4B Sales Tax Corporation, February 6, 2025
(b) Wichita Falls 4B Sales Tax Corporation, June 5, 2025
REGULAR AGENDA
8. Ordinances
(a) Ordinance removing Chapter 94, Section 7 — Camping and replacing such section
with Chapter 94, Section 7 — Prohibited Acts in Public Areas as provided herein,
setting an effective date, and providing codification.
9. Resolutions & Public Hearings
(a) Resolution to Establish Composition and Objectives of the City-County Homeless
Advisory Committee
(b) Public Hearing on the Fiscal Year 2026 Proposed Operating Budget and
Resolution Setting a Date for Adoption of the FY 2026 Budget
i. Public Hearing
ii. Take Action
(c) Resolution expressing the City Council's intent to place a proposal on the future
Council agenda approving a property tax rate in accordance with the Texas
Property Tax Reform Transparency Act of 2019; scheduling one public tax rate
hearing, and establishing the date to vote on same
10.Other Council Matters
(a) Staff Reports
(b) Announcements concerning items of community interest from members of the City
Council. No action will be taken or discussed.
11.Executive Sessions
(a) Executive Session in accordance with Texas Government Code §551 .071 ,
consultation with attorney on matter involving pending or contemplated litigation or
CITY COUNCIL AGENDA
PAGE 3 OF 4
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.
(b) Executive Session in accordance with Texas Government Code § 551.072, to
deliberate the purchase, exchange, lease, or value of real property interests due
to the fact that deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third.
(c) Executive session in accordance with Texas Government Code §551.074 to
deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, dismissal of a public officer or employee (including, but not limited to,
MPEC & CVB )
12.Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 13th day of August, 2025, at 5:00 o'clock p.m.
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4
City of Wichita Falls
City Council Meeting T
Minutes ;' f. ,,:,..;
\iiillic41.4 August 5, 2025 1�
TEXAS ;r r
Rime-Skies:Glo-/derfr efirm tuniti,.
Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in a regular session at 8:30 a.m.
on the above date in the Seminar Room at the MPEC with the following members present.
Tim Short - Mayor
Austin Cobb - At-Large
Whitney Flack - District 1
Robert Brooks - District 2
Jeff Browning - District 3/ Mayor Pro Tem
Mike Battaglino - District 4
Tom Taylor - District 5
Jeffery Jenkins - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Item 2a — Invocation
Pastor Chris Swinford, Faith Village Church of Christ, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Short led the Pledge of Allegiance.
Item 3a — Employee of the Month — Sgt. Marissa Hughes Police Department
Mayor Short recognized Sgt. Marissa Hughes as Employee of the Month for August 2025
and shared a brief video. He congratulated Sgt. Hughes and presented her with a plaque,
a letter of appreciation, dinner for two, and a check, and thanked her for her service.
PAGE 1 of 8
AGENDA ITEM NO.5.
Item 3b — Proclamation — National Health Center Week, Community Healthcare
Center
Mayor Short read a proclamation proclaiming August 3-9, 2025, as National Health
Center Week in Wichita Falls, TX.
Item 3c — Proclamation — Purple Heart Day, Thomas Fowler American Legion Post
169
Mayor Short read a proclamation proclaiming August 7, 2025, as Purple Heart Day in
Wichita Falls, TX.
Item 3d — Proclamation — Furosity Track Day, Furosity Track
Mayor Short read a proclamation proclaiming August 9, 2025, as Furosity Track Day in
Wichita Falls, TX.
Item 3e — Proclamation — Safe Digging Awareness Month/National 811 Day, Atmos
Energy
Mayor Short read a proclamation proclaiming August 2025 as National Safe Digging
Awareness Month and August 11 , 2025, as National 811 Day in Wichita Falls, TX.
Item 3f— Presentation — Texas Police Chiefs Association Foundation (TPCAF) Best
Practices Accreditation Award — Police Department
Chief Donald Miller, Burkburnett Police Department, recognized the Wichita Falls Police
Department for being awarded the Best Practices Accreditation Award from the Texas
Police Chiefs Association Foundation.
Item 4 — Comments from Citizens
There were no comments from citizens.
CITY COUNCIL MINUTES
August 5, 2025
Page 2
PAGE 2 of 8
AGENDA ITEM NO.5.
Item 5-8 — Consent Items
Marie Balthrop, City Clerk, gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Battaglino to approve the consent agenda.
The motion was seconded by Councilor Taylor and, with no comments or questions from
the public, carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor.
Nays: None
Item 5 — Approval of minutes of the July 15, 2025, Regular Meeting of the Mayor
and City Council.
Item 6 — Receive Minutes
(a) Wichita Falls-Wichita County Public Health Board, March 21 , 2025
(b) WFMPO, Technical Advisory Committee, April 10, 2025
(c) WFMPO, Transportation Policy Committee, April 23, 2025
(d) Lake Wichita Revitalization Committee, June 19, 2025
(e) Neighborhood Revitalization Committee, June 24, 2025
Item 7 — Ordinance 40-2025
Ordinance making an appropriation and accepting a grant from The Priddy Foundation
for the replacement and addition of library shelving at the Wichita Falls Public Library in
the amount of $55,000.
Item 8a — Resolution 80-2025
Resolution authorizing the City Manager to award a contract for the replacement of the
carpet on the 1st floor of the Wichita Falls Public Library to AOC Construction, Inc in the
amount of $326,368.
Item 8b — Resolution 81-2025
Resolution of the City of Wichita Falls authorizing and approving the reappointment of
individuals to the board of directors of the Nortex Housing Finance Corporation.
Item 8c — Resolution 82-2025
CITY COUNCIL MINUTES
August 5, 2025
Page 3
PAGE 3 of 8
AGENDA ITEM NO.5.
Resolution Approving the City of Wichita Falls 2025-2029 Consolidated Plan and 2025
Annual Action Plan, to allocate Community Development Block Grant (CDBG) funds in
the amount of $1,206,417, reallocate $100,000 in prior year CDBG funding and FY 2025
HOME Investment Partnership Program (HOME) funds in the amount of $349,094
received as Entitlement Grants from the U.S. Department of Housing and Urban
Development (HUD), authorize the City Manager to submit the plans to HUD for review
and approval and to execute HUD Grant Applications and Grant Agreement to implement
the approved plans, to include any and all revisions approved by HUD.
Item 8d — Resolution 83-2025
Resolution authorizing the City Manager to execute an interlocal cooperation agreement
with Wichita County for the collection of ad valorem taxes.
Item 8e — Resolution 84-2025
Resolution authorizing the City Manager to award bid and contract for the 2025 Water
Budget Utility Improvement Project & Large Valve Replacement to Bowles Construction
Co. in the amount of $1,049,599.00.
Item 8f— Resolution 85-2025
Resolution authorizing the purchase of the replacement of two 16' X 18' Insulated Garage
Doors by Tex-Oma Building Supply Company in the amount of$66,200.00 at the Wichita
Falls Central Services Complex, 2100 Seymour Hwy, Wichita Falls, Texas, United States.
Item 8q — Resolution 86-2025
Resolution authorizing the purchase of two Kubota F Series 72" rear discharge mowers
through the Sourcewell Purchasing Cooperative from Berend Turf & Tractor, LP in the
amount of $51,874.26.
Item 8h — Resolution 87-2025
Resolution authorizing the City Manager to execute all documents necessary to purchase
the library shelving for the Wichita Falls Public Library from Library Interiors of Texas, LLC
in the amount of $60,225.
Item 9 — Ordinance 41-2025
Ordinance approving the Funding Soundness Restoration Plan for the Wichita Falls
Firemen's Relief and Retirement Fund and increasing the City's contribution rate to the
fund from 17.5% to 18.0% as of January 1, 2026.
CITY COUNCIL MINUTES
August 5, 2025
Page 4
PAGE 4 of 8
AGENDA ITEM NO.5.
Moved by Councilor Battaglino to approve Ordinance 41-2025.
The motion was seconded by Councilor Cobb, and with no comments or questions from
the public, the motion carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor.
Nays: None
Item 10 — Resolution 88-2025
Resolution authorizing the City Manager to execute all documents necessary to enter into
a contract with CLAW Contractors, LLC. in the amount of$64,500 to construct a new dog
park complete with fencing and concrete slabs at Conoco Park.
Moved by Councilor Battaglino to approve Resolution 88-2025.
The motion was seconded by Councilor Taylor.
Gloria Leonard, 1506 Grant St., discussed concerns about animals being loose and the
dangers of parking on the street. She asked if there was a better place to locate the dog
park.
Blake Jurecek, Assistant City Manager, stated that this park has been identified as an
underutilized park that qualifies for Community Development Block Grant funding. They
have had success at the other dog park in town and have worked closely with Animal
Services regarding rules to ensure citizens' safety.
Kalee Robinson, Director of Parks, discussed possible future dedicated parking spaces.
There was a brief discussion regarding parking concerns, and Councilor Brooks
discussed the need for a gas station in that area. Mr. Jurecek stated that this is city-owned
land dedicated for a park, and using the land for another purpose would require an
election.
The motion carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor.
Nays: None
CITY COUNCIL MINUTES
August 5, 2025
Page 5
PAGE 5 of 8
AGENDA ITEM NO.5.
Item 11a — City Manager Update
Jeffery Jenkins, City Manager, provided an update on the following:
• Contract Mowing — To assist the Parks Department with catching up on mowing
due to recent rain, bids were solicited for contract mowing services. Eight bids are
being reviewed, with a possibility of awarding 2-3 contracts next week.
• Agenda Transmittal Letter and Agenda Software—The Agenda Transmittal Letter
has been updated to improve transparency. We will also purchase agenda
software to streamline the agenda process, which will be implemented in 3-6
months.
• Organization Culture—The Kona Ice truck will visit multiple city locations in August
for an employee appreciation event. In October, there will be an Employee Health
Fair with many fun events to encourage employee engagement.
• Police Department Grant—The Police Department was selected for a $254,000
catalytic converter grant with a $50,000 match. The grant will provide three drones
and various cameras.
Item 11 b—Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
Councilor Cobb congratulated Chief Borrego and his team on the award presented today.
School will be starting next week, and he encouraged everyone to be safe and slow down,
and he wished good luck to all of the students. He congratulated Councilor Brooks and
his daughter Taliyah, who set a personal record and automatically qualified for the World
Athletic Championship in Tokyo. He thanked Mike and Robin Kephart, who are
remediating issues on land they purchased, which will help Lake Wichita.
Councilor Brooks thanked everyone who attended and thanked the Mayor and City staff
for the Proclamation for Furosity Track. He also thanked Councilor Cobb for recognizing
his daughter for her accomplishments over the weekend and expressed his pride in his
daughter, granddaughter, and all the participants in the Junior Olympics.
Councilor Browning congratulated Councilor Brooks for all of the accomplishments. He
stated that it had been a week of false information and asked everyone to contact the
Council or city staff to get the correct information. Get the truth and share the truth.
Councilor Taylor thanked Councilor Brooks for being a great father and community leader
and for setting an example for all of us. He congratulated Chief Borrego and the Police
CITY COUNCIL MINUTES
August 5, 2025
Page 6
PAGE 6 of 8
AGENDA ITEM NO.5.
Department for the award and grant, and said he appreciates the dog park. Leaderfest
was a great opportunity with some wonderful ideas about improving organizational
culture, which is important for employee engagement and commitment. World Clean-up
Day is in September, and Karen Frazier is working on an event for Wichita Falls to
participate in.
Councilor Battaglino thanked his friends from American Legion Post 169 for coming out
for the Proclamation for Purple Heart Remembrance Day, and especially Zack, who is a
Purple Heart recipient. He encouraged everyone to visit the Facebook page for the
Warrior Art Brigade. Adrian Colbert is hosting another Colbert Project cleanup on
Saturday at the corner of Elmwood and N. Rosewood, and he asked that people bring a
folding table if possible. Adrian is also starting a Care Pods program and will have a
meeting at Booker T. Washington Friday night to discuss the program that will assist
individuals with maintaining their yards. The Southwest Rotary Club is hosting "Wetter
than Hell" at Castaway Cove on September 12th. Ducks can be purchased for $20 to
raise money for local non-profits.
Mayor Short said we all know what happened in Kerrville on July 4th, and on the morning
of July 5th he spoke with Chief Melton about sending help for the search. Battalion Chief
Rusty Downs and Captain Travis Skelton both answered the call. He expressed his
appreciation and said these incredible public servants make him, and this city proud.
There are currently three individuals still serving, and he asked that everyone remember
them in their prayers.
Item 12 — Executive Session
City Council adjourned into Executive Session at 9:30 a.m. in accordance with Texas
Government Code §551 .072, §551 .074, and §551 .087.
Mayor Short returned at 10:10 a.m. and announced that no polls or votes were taken.
Item 13 — Adjourn
Mayor Short adjourned the meeting at 10:10 a.m.
PASSED AND APPROVED this 19th day of August 2025.
CITY COUNCIL MINUTES
August 5, 2025
Page 7
PAGE 7 of 8
AGENDA ITEM NO.5.
Tim Short, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
August 5, 2025
Page 8
PAGE 8 of 8
AGENDA ITEM NO.5.
STRATEGIC PILLAR
A ' powAtchcelerate Economic
/Gimmil"...1% 1 a a City Council Meeting
S ® Provide Quality
TEXAS August 19, 2025 Infrastructure
S4i#-CA.Ga °1/CIT°11- rtr , Transmittal Letter ❑ Actively Engage and
Inform the Public
❑ Optimize
Engagement with the
City and City Services
Agenda Item Number: 6.A
Agenda Title: Resolution authorizing the City Manager to award bid and contract for the
2025 Sewer Budget Utility Improvement Project Phase 1 to Insituform Technologies, LLC
in the amount of $1,144,111.00.
Council Action to be Taken: Approving the resolution and award of contract
Department Submitted: Public Works/Engineering
Staff Contact: Russell Schreiber, Director of Public Works
Alex Sandstedt, Project Manager
1. PURPOSE / DESCRIPTION
The proposed resolution would authorize the City Manager to award bid and contract for
the 2025 Sewer Budget Utility Improvement Project Phase 1 to Insituform Technologies,
LLC in the amount of $1,144,111.00.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
On August 7, 2025, Insituform Technologies, LLC, selected via BuyBoard's competitive
process, submitted a proposal for the 2025 Sewer Budget Utility Improvement Project
Phase 1. The project will use trenchless pipe-bursting to rehabilitate deteriorated vitrified
clay sewer lines on E. Wenonah Boulevard, Bell Street, and Rivercrest Drive, where
access and maintenance are challenging. It will also repair and coat numerous failing
manholes citywide with high-performance epoxy to prevent corrosion, reduce infiltration,
and extend their service life.
3. BOARD REVIEW/CITIZEN INPUT
N/A
PAGE 1 OF 10 PAGES
AGENDA ITEM NO. 6.A
4. RECOMMENDATION
Approval of the resolution authorizing the contract
5. FUNDING SOURCE
Funds are available in the FY 2025 sewer rehab budget.
565-8170-77260
6. TIMELINE
Construction of this project should require approximately one hundred fifty (150)
consecutive days to complete.
7. ALTERNATIVE OPTIONS
If this project is not awarded, the maintenance issues of the old vitrified clay pipe will
persist, to the detriment of adjacent residents. Manholes that could be otherwise
preserved with epoxy coating will further deteriorate due to corrosion, or continue to allow
infiltration in the wastewater collection system. Infiltration overloads the capacity of the
collection system and can also create issues at the Resource Recovery Plant.
8. ATTACHMENTS
BuyBoard Proposal
Location Maps
PAGE 2 OF 10 PAGES
AGENDA ITEM NO. 6.A
RESOLUTION NO.
Resolution authorizing the City Manager to award bid and contract for the
2025 Sewer Budget Utility Improvement Project Phase 1 to Insituform
Technologies, LLC in the amount of $1 ,144,111 .00
WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Quality
Infrastructure; and,
WHEREAS, the City of Wichita Falls has requested a BuyBoard Proposal from
Insituform Technologies, LLC for the 2025 Sewer Budget Utility Improvement Project
Phase 1 ; and,
WHEREAS, it is found that the quote is reasonable and competitive and Insituform
Technologies, LLC is a responsible contractor who made a unit price proposal with an
estimated total of $1,144,111 .00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The unit price proposal for the 2025 Sewer Budget Utility Improvement Project
Phase 1 is awarded to Insituform Technologies, LLC, in an estimated total amount of
$1 ,144,111.00, and the City Manager is authorized to execute a contract for the City with
said Contractor for the construction of such project.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 10 PAGES
AGENDA ITEM NO. 6.A
NedContracts: Local Contact:
C: IraituivirmTechnbttlgies,LLC Timothy Peter le
560 C,odddrd Avenue 11v?3 PasiwuuJ�r
' � Chesterfield.MO 63095 Ccviuth,TX 7C2:.
k 4141,0W.N'uter.,04,1cOsC.npur. www.aegkn.corn Tel.214-317-Ogs0
rpeLeriegezur id.LuTn
August 7,2025 SFIt:SO-00210004
Ma_Shanioe Robinson,PE
City of Wichita Fells
1300 7h St
Wichita Falls,TX 73E01
Buvboard Proposal
Project llama: City of Wichita Falls,TX—2425 Sewer BUIP Project Ph I
Pipe Burst and Manhole Rehab at Various Locations A-I
IIrS1r Oltil TECNNCLBGMS,LLC herein proposes to furnish a Proposal forall labor,materials,equipment,end
services necessary to reconstruct the referenced project(as detailed in the project location maps and other
information presented by the City of Wichita Fells)trtiliang the Local Ptrchasing Cooperative Contract fl730-24,
administered through the BuyBcard_
ASSUMPTIONS MO QUALM CATIONS
We have based this proposal an a nominal well thickness as shown in the price. This is based on the best available
information at the tame of this proposal. Existing pipe deterioration in excess of the conditions assumed,ground
water loads in excess of those assumed,or other loads at conditions may increase the recommended thickness for
all or portions of the work. Final recommendations may be submitted to you following the completion of the
preliminary TV phase of the project. Staled prices are subject to adjustment if design changes are agreed upon.
Laterals. During TV inspection all side sewers are verified ups rig best practical efforts,to determine if each is an
active hook up. Normal practice only reinstates those that a-e active. You may direct us to reinstate all,Of specific
laterals,as you desire. This proposal,unless otherwise steleo.assumes abet all laterals will be reconnected
externally for Pipe Bursting. Specific service connections will not be reconnected only when written directions are
received from the Owner.
Water shall be provided at no cost to Insiiuforrn Technotog,es,LLC for all construction phases cf ttiis project. The
Owner shall furnish Insit,fcnn Techn fogies,LLC with required water meters and pay all associated fees,deposits,
and charges. I'nsib.rform Technologies,LLC will!follow all required back-Row prevention and metering procedures.
Insituform will supply the City of Wichita Falls I-year Maintenance,Payment and Performance Bonds,and
Certificate of Insurance following acceptance of this proposal.
The pricings in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly
adhered to. Any changes to these specifioatorrs must be rioted and agreed upon by both parties prior to finalizing'
the proposal pricing.
Special: 1, Water shall ha provided as noted above_
2, The City of Wichita Falls will provide a tax-exempt Certificate prior to mobilization and
all perrnita required.
3: The pricing assurnes all excavations will not COnFliiCt with the retaining wall at 414E
Rivercrelit, If a portion of the line needed for excavation if Found to be under the wall,
then a changed condititin will need to be addressed.
4. Insituform is not reSpbnsible for any heaving'dr ditturhanteS to slhedS tic Strutiures
placed on tip of the sewer main within City easements.
5. Insituform estimates completing this project within 150 days.
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 6.A
PA aP{i AL INCLUSiOriS
The prices stated in this proposal include:
11. Mobilizations and demobilization.
2. Initial pipeline clearing to include normal debris and deposits only.
3. Bypass pumping.
4. External service reconnects_
5. Pre-Video inspector's end documentation of existing pipe prior to reconstruction with pipe bursting_
B. Fine'video inspection fallowing completion of the installation to document your new pipe rehabilitated by pipe
bursting
7. HOPE Pipe for pipe bursting.
8. Confined space safe entry practices.
9. Manhole rehabilitation with Warren to include surface preparation.
113. Traffic control.
11. Clearing of ROW Be necessary.
12. One-year standard constriction warranty.
13. One-year Bonds.
14. Certificate of insurance with standard coverage.
PROPOSAL EXCLUSIONS.
Not included in the prices stated in this estimate are costs associated with the items listed belt v. These items,if
needed or found to be applicable,you'd be provided by WSITUFCAY Tld1MOL11GIES,LLC at your additional cost or
would be furnished by others,at your direction,at no oast to FO nY TPGt1NOLO S,LLC:
a) If prelinrnary video inspection of the pipe interior indicates excessive damage,or other extra-ordinary condition,
which will requre excavation,or other extraordinary remedy,to prepare the pipe for pipe bursting,then those
services will be provided by utilizing the Owner's Contingency Allowance after approval.
b) Additional mobilizations and/or setups may apply due to paint repairs,obstruction removals,or delays GUI of our
control.
c) Manual operation of any pumping and/or metering stations.
d) Sod.
e) Water from fire hydrants within a convenient distance from each clearing end inversion site location.
f) Legal dumpsite for debris resulting from pipes clearing_
g) tfany hazardous or toxic materials are srncoauifered daring the proixf the Owner MO be responsible for the
removal and disposal of the materials_
h) Project permits and/or local bcenses with be provided by the Owner or Engineer.
i) State and local sales and/or use taxes on the value of the prolecL ff you are exempt,please submit the
appropriate documentation.
j) Additional premiums far special insurance coverage(s)demanded by you or other perties particular to Ihia
project.
PzOPvs.AL TERMS AND COm[1rTIOIIS
Terms and Canritiions from the Texas Statewide Cooperative Purchasing Contract are available upon request from
the BuyEloerd. Any changes to these conditions must be noted end agreed upon by both parties.
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 6.A
PROPOSAL PRICING
kern Description OTY Unit Unit Price Tara)
1 Mhhii2aherr- peh.AS1 Crew 3 EA I 0500 lI3 I 25.33D OC
2 4"Clean atidTY 631 LF S 6 3C S 3.7860C
3 8"Clear antl N 161 LF $ T JC 5 1.Q67 OC
+ BIM totelfr 4'Or5-10�' FS5G 15 .17-8140e9l 631 LF 3 650C S `3.635/C
5 4"-6"PiprnurstSat+ Charge Per Pula Length, 831 LF $ XI IC $ '2 E02 2C
Y 4.a•st43Wel5'ora lee. P=5C,R1$ tl7-$d,pl 161 LF $ 654C $ '2as55C
-3agePipebrstIaSl7ti 17 4294 IWDI&LF S 160 S 4.99}'2C
.— 2 papehurat Seim!Charge Perkalall Length 151 LF $ 2060. 5 2,Ct20 0G
g 'p,-�.,st Short Lee Add-0n f'300 LF1 i Llt14 INT64LrLF S 5 00 5 4A.100 3G
10 &WM&rgettnnett {O.g'dreg} 11 EA S 2AQ000 5 22.COD OG
11 A 4,ak4 Fit if 4 Owl 7 EA $ 4.500 OD $ 31.SO0 OC
1Z POlhryrp fur NW*/Il1II1s"1—{, KI'l r-5 rip 0 4Hr 4vre1 } 7 EA 5 56,0 of. $ 6.65Q,'IG.
11 Brace aid held pair pole 1 LS $ -0, ,10 5 A A43 2C
14 Twin sail 144 LF $ 24 Of $ 2, O0
15 Inns!!F'Flw 4'CIA rnanhole 0'.6'deep 4 EA S 15.13:13 00 S 417,C04 20
16 F_alradepth 4'DI1 manhole oar6'deep 6 YF S 15CID90 S 3,600 DCr
17 Install cuw9de NV Drop 1 EA 5 3.650 OD S 3,650 OG
uv 18 Re*h'Ienheie Fran*sled COW( 4 EA 5 1.503 00 S 13,C00 00
1g Inp,.yI C O-04.mCloar.rrl I 0 CA $ 1.1D$00. $ 12.0$OC
2,3 "Ea' -1S"P961 TV IniphCt0n After Raeatrlrtihcn T82 LF $ 4✓J0' $ 3.12$0C
21 Sctu34"PurnprPerPumpl 5 EA $ 75000, 5 2.75020
22 ,Set L?4"PIFrnS 732 ....4F ,,,,S. 5 OD S,.,._2916 JC,
23 .':Berate 4' 'umping 57 sIern IFuel 8 Wird.Per aumpl 5 DAY S 39000 S 1.9)2 50
24 NIalhate Fero,Rebuild 1 EA S 1.SCA.00 S 1,805 00
25 Cwd'ralir te41 111 49 Tee XI O41 4.410 00'
26 E.,1ra hand exeavelldn 33 CY I 1GOOD S 3.373 IC
27 PircaireParo4 2"Aspnge pimoorlt iiy SY $ 'IM OD $ 2.845 of°
2.0 Repirnrehii4 0-Pip we i9 We $ MOO' $ 1.$20 Of
29 Sad 275 SY c 18 OG $ 21,960 20
36 Rcrarrlathoh chain link lence meth new 4A LF g 554G $ 3,640 20
31 ...,Rep&CRL.11,1b nt+r5er5 karte eeib5 new i 35 .... LF 5 6000 S 2.1E0IG,
32 Tank Canlidl.Reaiderriel 15 Das. 5 250 DC I 3.750 D0
33 Monczanon-11H Slet,M G•nw 1 EA .5 'D QP0 JC $ 'v.OW 0G
i Mao'ILV-113019:14 MO e.{,;R1441611uc1K+7-IP01401ee etAre 1119!etppry 5 EA 15 2.600 0C $ '3AQ4 OD
r15 Ghpp ng is de-r^-pervn7.,in aoltom of Ml 6 EA $ I,456 Of $ $.702 GC
3.15 ManhcR ;pay Far-a::-ei.ran 16124 awl.251}mai 9I3i $F $ b8 SC $ 634,952 CC°
37 Ac'cess bera-d'CC 4a-r-,a� 26 EA S 80260 $ 15,802 110
38 Sefup'crMI•,grcu"ng3r'.a❑fl.ng 17 EA 5 60360 $ 13,50200
318 !Medico gmeanpinAlH 40 GAL 5 35000 5 14,00000,
44 Trait Ce1 •ResidGlfiel' 8 Day 5 725 CD S 4.350 00
41 ROW Cleanrg-Ilyprcalvpto2fireelwclr} 23$6 LP $ 600: S '4,iCAOC
42 Direr COMMON) AlliNergf 1 Allowance $ 50.400 00 $ $0.400 so
41 Bared A hsumc■ 1 LS $ 26,71g Oft $ 26,71.3 2E
$1 144 111 CC
PROPOSAL TERMS MC CoNDIr10Ms
a) Limits of Liability. In consideration a'Irian'uFor M TECHNOL s,LIC's agreement to maintain no less than
$5,004,400 of compeehenaive general liability insurance in the form regr=ed by the Contract,Ma UF011114
TFcurici OGIES,LLC's liability to the Owner for any matter covered by such insizernce will he limited to'the extent
of such insurance end the Owmei will indemnify end hold IN5iTUltORMTECHkNOLOGIES'.LLC harmless from any third
party claims covered by such insurance to the extent such claims exceed the liMila of such insurance. Neither
party shall be liable to the other for consequential damage relating to the convect. In case of conflict between
this provision errs any other provision in the Contract as ultimately executed,this provision shall govern and
prevail.
b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED,IMPLIED AND/OR STATUTORY.
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE,CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES
PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN
ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK,PROVIDED OWNER AFFORDS
CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. 6.A
c) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal
is sut>fect to the agreement of the parties an other terms end conditions as are customary in contracts of this
nature.
d) Payments are due at net within thirty days of inuoice. Final payment is due within thirty days of completion of the
project.
eJ Monthly progress partial payments may be requested for the value of work in progress or completed,including
materiels secured and on site.
OFFERED Br: ACCEPTED BY:
INSITLEDIVA TECHNOLOGIES,LLC
8roDoiATLIRE DATE
TIMOrWY R.PETERIE NAME
COMMERCIAL MANAGER—SW REGION
REVIEWED BY: TITLE
ANDY OMEN T
AREA MANAGER
ORGANIZATION
cc: Alex Sandstendt
Ben Hawkins
Criag Nolen
This accented or000sel constitutes a formal agreement. IF wou initiate a purchase order or other
document, it will nut be acknowledged without this proposal being referenced or as an attachment.
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 6.A
2025 SEWER BUDGET UTILITY IMPROVEMENT PROJECT
PHASE I
C:WF25-565-10
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PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 6.A
2025 SEWER BUDGET UTILITY IMPROVEMENT PROJECT
PHASE I
CWF25-565-10
LS
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- COATINGS
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SCALE: 1"-730'
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NORTHSIOE WASTEWATER PLANT- MANHOLE REHABILITATIC'. HENRY S GRACE FWY AT LS44 - VANHOLE REHABILJTATI:
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 6.A
2025 SEWER BUDGET UTILITY IMPROVEMENT PROJECT
PHASE I
C:WF25-565-10
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SCALE. 1`-500'
OLD IOWA PARK RD — MANHOLE REHABILITATION
PAGE 10 OF 10 PAGES
AGENDA ITEM NO. 6.A
STRATEGIC PILLAR
❑ Accelerate Economic
Growth
, a
T E X A S lS ® Provide Quality
7 Infrastructure
❑ Actively Engage and
A/cse5A7e5:4eridety 0frorti*tie . Inform the Public
❑ Optimize
Engagement with the
City Council Meeting City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.B
Agenda Title: Resolution authorizing the City Manager to approve a change order to
purchase order 22501013 with Andritz Separation Inc. for an additional $87,750.00 for
additional work for repairs of frame members of a Belt Filter Press at the Wichita Falls
Resource Recovery Facility at 1005 River Road.
Council Action to be Taken: Approval of resolution authorizing change order
Department Submitted: Public Works
Staff Contact: Russell Schreiber, Director of Public Works
Mark Southard, Utility Operations Manager
1. PURPOSE / DESCRIPTION
The proposed change order would allow Andritz Separation Inc. to rehab and/or replace
critical internal frame components, as outlined in their quote, for the Belt Filter Press at
the Wichita Falls Resource Recovery Facility.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
Council originally approved the Belt Filter Press rehabilitation at the meeting on
November 19, 2024 in the amount of $348,851 . Upon initiating their work in July and
dismantling the equipment revealed that several critical internal structural members, not
included in the original rehabilitation quote, were significantly corroded. These frame
members are internal to the Belt Filter Press, and they could not be viewed until the
exterior parts of the press were removed for rehabilitation.
Refurbishment or replacement of these members is essential for the completion of the
belt press rehab project.
PAGE 1 OF 15 PAGES
AGENDA ITEM NO. 6.B
3. BOARD REVIEW/CITIZEN INPUT
N/A
4. RECOMMENDATION
Approval of resolution authorizing the change order
5. FUNDING SOURCE
Funding is available from budgeted purchase savings in capital accounts for
pumps/motors and instruments/apparatus. Charged to account 565-8170-77340.
6. TIMELINE
Upon approval of the change order, Andritz plans to return to the facility to remove the
frame members and repair or replace them at their shop. They will then resume the
completion of the refurbishment of the entire belt press. This project should be completed
within six months.
7. ALTERNATIVE OPTIONS
A new Belt Filter Press costs in excess of $700,000, and a new press would not fit the
same footprint as the old press; therefore, the entire sludge processing equipment and
support structures as well as the conveyance system would have to be demolished,
removed and replaced.
8. ATTACHMENTS
Quote number 21220349 for the additional rehabilitation costs and services.
PAGE 2 OF 15 PAGES
AGENDA ITEM NO. 6.B
RESOLUTION NO.
Resolution authorizing the City Manager to approve a change order to
purchase order 22501013 with Andritz Separation Inc. for an additional
$87,750.00 for additional work for repairs of frame members of a Belt
Filter Press at the Wichita Falls Resource Recovery Facility at 1005
River Road
WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Quality
Infrastructure; and,
WHEREAS, the City desires to continue to have reliable treatment systems to
properly treat biosolids within the Resource Recovery Facility; and,
WHEREAS, the City desires to continue to protect the citizens and the environment
from these wastes; and,
WHEREAS, Andritz Separation Inc. is the supplier and manufacturer of the existing
belt presses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City manager is authorized to execute all documents necessary, in forms approved
by the City Attorney, to purchase the equipment and labor for the Belt Filter Press
refurbishment at Wichita Falls Resource Recovery Facility from Andritz Separation Inc. in
the amount of $87,750.00.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 15 PAGES
AGENDA ITEM NO. 6.B
QUOTATION
Customer:118032 Supplier: Andritz Separation Inc.
City Of Wichita Falls Contact: Rance P Martin
Riverroad W.W.T. Phone: +1 817 375 4468
Riverroad WWTP Fax:
1005 River Road E-mail: rance.martin@andritz.com
WICHITA FALLS TX 76305 Date: 07/23/2025
Contact:
Fax: +19407239547 Sales MR.BARRY HUFFMAN
Copy to: Responsible:
Your inquiry:
Our quote no: 21220349
Ladies and Gentlemen,
We thank you for your inquiry and are pleased to quote as follows:
1. Scope of supply
For 400472096 Heavy Duty Belt Press
Model:Heavy Duty Belt Press CPF 2000
Serial number:95142
JOB#809880
OLD JOB 691-700
Item Product ID No. SIWk Quantity Unit Unit Price Amount
10 FIELD SERVICE 100031977 1 EA 87,750.00 87,750.00
ADDITIONAL WORK FOR
REPAIRS/REPLACEMENT OF FRAME
MEMBERS.
SCOPE OF WORK:
REPLACEMENT OF FRAME MEMBERS AS
NOTED BY PRODUCT SPECIALIST
INSPECTION.
ONSITE WORK TO DISASSEMBLE AND
SHIP ALL OTHER MEMBERS TO SERVICE
CENTER FOR REPAIRS.
HOT DIP GALVANIZING OF FRAME PARTS.
Page 1 of 9
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separation Inc. Nordee BenkAbp
Arlington,TX76001 USA Dept 0312 New York Bench
P.O.Bp[120312 SWIFT:NDEAIJSSN
Tel:+1(877)4855817 Dallas,TX75372.0312 Account 8879433001
Fax:+1 817 488.7967 Federal Tax ID Number. -3T73483 ABA:028010788
PAGE 4 OF 15 PAGES
AGENDA ITEM NO. 6.B
AWJRNL
Our quote no: 21220349
Item Product ID No. SNP Quantity Unit Unit Price Amount
ASSEMBLY AT SERVICE CENTER FOR
TEST ALIGNMENT OF FRAME BEFORE
SHIPMENT TO CUSTOMER SITE.
INSTALLATION OF REBURBISHED FRAME
AT CUSTOMER SITE.
NEW PLUMBING AND ELECTRICAL
SYSTEMS TO BE INSTALLED DURING
REBUILD ONSITE.
FREIGHT TO AND FROM CUSTOMER SITE.
Total Amount USD 87,750.00
•S=Spare Parts,W=Weer Parts
Technical contact:Armando Alvarado/Phone:+1 817 419 1728/armondo.alvarado@andritz.com
Terms and Conditions
2. Delivery Time:
after receipt of order and any clarifications.
3. Terms of delivery:
Our terms of delivery are FCA ORIGIN PREPAID&ADD,according to INCOTERMS 2020.
4. Terms of Payment:
Within 30 days Due net
(1%default interest per month for delayed payment).
5. Validity of quotation:
This quotation is valid to 08/23/2025.
Other Terms:
6. iinehineinekenk
COVID-19 pandemic delays,disrupts,or prevents AndriWs performance,or increases shipping or
Page 2 of 9
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separatun Inc. Nordee BankAbp
Arlington,TX 70001 USA Dept 0312 New York Bra b
P.O.Box 120312 SWIFT:NDEAUS3N
Tel:+1(817)a85.011 Dallas,TX 75312.0312 Account:8879433001
Far+1 817 40B.3981 Federal T o ID Number.59.8T73483 ABA 026010786
PAGE 5 OF 15 PAGES
AGENDA ITEM NO. 6.B
Our quote no: 21220349
freight costs,Andritz shall be entitled to change order containing an appropriate adjustment in
the contract price and/or delivery schedule.Furthermore,in the event that developments related
to the pandemic,whether initiated prior to or after the date of this proposal,quotation,or order,
including but not limited to travel advisories,steps taken to protect the health and safety of
employees,Government orders,and temporary facility shutdowns,increase the cost or time for
delivery,Andritz shall be entitled to adjust the price and delivery dates herein to reflect these
impacts.Andritz's delivery date and prices(including freight)are estimates only based on
Andritz's standard delivery dates and prices and do not account for the present and future
schedule impacts of the COVID-19 pandemic. Nothing in this proposal,quotation,or order,or
any contract based hereon,shall be construed as a waiver of these rights.
The crisis in Russia/Ukraine is impacting the complete global supply chain,including but not
limited to,raw material shortages,extended delivery times,unavailability/restricted availability of
transport as well as unforeseeable price increases.The Parties therefore agree that the price and
delivery times In this order confirmation are Indicative only.In case the crisis leads to any
impacts on the delivery time or to a price increase of more than 5%of the order value after the
date of the order confirmation,we reserve our right to adapt the prices and/or the delivery times
accordingly.Nothing in this order confirmation can be construed as a waiver of such right.Of
course,we will stay in close contact with you,being stipulated that we are doing our best effort to
overcome this significant cost pressure and hurdles in the supply chain.
ewareaewarear
TERMS APPLICABLE
(a) These Terms and Conditions of Sale and/or Service are the only terms which govern the sale of the products,equipment,or parts and/or the provision of
services('Products"aed'Services')and/or the license of certain Software(as defined herein)pursuant to the quotation or acknowledgement of the Andra:entity
supplying the same('Seller)or Buyer's purchase order or other written document Issued by Buyer.These Teens and Conditions of Sale and/or Service control,
supersede and replace any and all other additional and/or different terms and conditions of Bayer,and Seller hereby Weals to and rejects all such teens and
conditions of Buyer without further notification,except to the!dent Seller expressly agrees to such conditions In writing.Buyer's authorization for Seller to
commence work under the Agreement or Buyer's acceptance of delivery of or payment for any Products,Services or Software covered by this Agreement,In
whole or In part,shall be deemed Bayer's acceptance of these Terms and Conditions of Sale and/or Service.The term eg moment"as used herein means(1)
these henna and Condltlene of Sale and/or Service,(2)Seller's quotation or aoknowiedgnent together with any attachment thereto and any documents expressly
incorporated by reference,and(3)Buyer's purchase order or other written document Issued by Buyer,together with any attachment thereto and any documents
expressly incorporated by reference(but excluding any Buyer terms and condition attached thereto or Incorporated therein by reference).In the event of a
conflict between any documents forming the Agreement,such documents shall be construed In the above-listed order of precedence.
(b) Prior to Buyer's acceptance of any Seller quotation in which these Terms and Conditions of Sale and/or Service are Incorporated,In the event that the
Introduction of new tariffs,levies,duties,taxes,regulation,or any type of legislation bya domestic or foreign government has the effect of increasing the price of
the quoted Products,Services,and/or Software,Seiler reserves Its right to adjust Its quoted price In order to reflect thew Increases In cost.Nothing In this
document,or any of the applicable contractual documentation shall be construed as a waiver of this right.
7 DELIVERY OR PERFORMANCE;RISK OF LOSS AND TITLE
(a) Delivery or performance dabs are good faith estimates and do not mean that lime Is of the essence..Buyer's failure to promptly make advance or
Interim payments,supply technical Information,drawings and approvals will result Ina commensurate delay In delivery or performance.If the parties have agreed
to liquidated damages In this Agreement for Seller's delay In achieving certain milestones,(I)the parties acknowledge and agree that Buyer's damages for Seller's
delay are difficult by predict with any certainty,and such liquidated damages are not a penalty but a reasonable estimate of Buyer's delay damages;(10 such
liquidated damages shall not exceed an aggregate value of five percent(5%)of the Agreement price and shall be Buyer's exclusive remedy for any delay by Seiler
In performing any of Its obligations under this Agreement;and(IIQ Bayer agrees Seller shall not be liable for liquidated damages If Sellers delay In achieving a
milestone subjectto liquidated damages has not delayed Buyer's ability to use the applicable Products,Coflware and/or Services.
(b) Upon and after delivery,risk of loss or damage to the Products shall be Buyers.Delivery of the Products hereunder will be made on the bons agreed to
by the reran as set forth in thin Agreement,according to INCOTERMS 2020.If no delivery ter.Is agreed elsewhere In the Agreeeent,delivery Of the Prodacb
will be made FCA shipping point(INCOTERMS 2020).Title to the Products shall transfer to Buyer upon final payment therefor.
5. WARRANTY
Page 3 of 9
ANDRITZ Sepaaton Ina Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separation Inc. Nordea Bank Abp
Arlington,TX78001 USA Dept 0312 New York Barth
P.O.BOx120312 SWIFT:NDEAUS3N
Tel:+1(817)4855811 Dallas,TX 75312.0312 Account:8879433001
Far+1 817 4B8v9961 Federal Tax ID Number.59.3773483 ABA:0260107813
PAGE 6 OF 15 PAGES
AGENDA ITEM NO. 6.B
AWiRiTL
Our quote no: 21220349
(a) Product Warranty.Seiler warrants to Buyer that the Products manufactured by it will be delivered free from defects In material and workmanship This
warranty shall commence upon delivery of the Products and shall expire on the earlier to occur of 12 months from Initial operation of the Products and 18 months
from delivery thereof(the'barrenly Period').If during the Warranty Period Buyer discovers a defect In material or workmanship of a Product and gives Seller
written notice thereof within 10 days of such discovery,Seiler will,at Its option,either deliver to Buyer,on the same terms as the original delivery was made,
according to INCOTERMS 2020,a replacement part or repair the defect In piece.Any repair or replacement part furnished pursuant to this warranty is warranted
against defects In material and workmanship for one period of 12 months from completion of such repair or replacement,with no further extension.Seller will
have no warranty obligations for the Products under this Paragraph 3(a):(I)if the Products have not been stored,installed,operated and maintained in
accordance with generally approved Industry practice and with Seller's specific written instructions;(II)if the Products are used in connection with any mature or
substance,operating condition or operating environment other than that for which they were designed;(lit if Buyer falls to give Seller such written 10 day notice;
(iv)Wale Products are repaired or modified by someone other than Seller or have been intentionally or accidenaiy damaged;(v)for corrosion,erosion,ordinary
wear and bar or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable;or(v1)for expenses incurred for
work in connection with the removal of the defective articles and reinstallation following repair or replacement.With respect to any Product or part thereof not
manufactured by Seiler,Seller shall pass onto Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of
being so passed on.
(b) Services Warranty.Seiler warrants to Buyer that the Services performed will be free from defects in workmanship and all conform to any mutually
agreed upon specifications.If any failure to meet this warranty appears within 12 months from the dab of completion of the Services,on the condition that Seller
be promptly notified in writing thereof,Seller as Its sole obligation for breach of this warranty will correct the failure by re-performing any defective portion of the
Services furnished.Seiler does not warrant the accuracy of,or performance results of,any conclusions or recommendations provided,nor that any desired
objective will result from the Services provided and Seller shall not he liable for any loss of me or any production losses whatsoever.
(c) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES FT WILL MAKE.THERE ARE NO OTHER
WARRANTIES,WHETHER STATUTORY,ORAL,EXPRESS OR IMPLIED.IN PARTICULAR,THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FRNESS FOR A PARTICULAR PURPOSE.
(d) The remedies provided in Paragraphs 3(a)and 3(b)are Buyers exclusive remedy for breach of warranty.
9 LIMITATION OF LIABILITY
Notwithstanding any other provision In this Agreement,the following limitations of liability shall apply to the maximum extent permitted by applicable law:
(a) in no event shall Seller,its officers,directors,employees,subcontractors,suppliers or affiliated companies be liable for loss of profits,revenue or
business opportunity,loss by reason of shutdown of facilities or inability to operate any facility at full capacity,or cost of obtaining other means for performing
the functions performed by the Products or Software,loss of future contracts,claims of customers,cost of money or loss of use of capital,in each case whether
or not foreseeable,or for any indirect,special,ineldenbl or consequential damages of any nature resulting from,arising out of or connected with the Products,
Services,Software or this Agreement or from the performance or breach hereof.
(b) The aggregate liability of Seller,its officers,directors,employees,subcontractors,suppliers or affiliated companies,for all claims of any kind for any
loss,damage,or expense resulting from,arising out of or connected with the Products,Services,Software or this Agreement or from tie performance or breach
hereof,together with the cost of performing make good obligations to pass performance tests,if applicable,shall in no event exceed the Agreement price.
(c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply
whether the claim of liability Is based on contract,warrany,tort(including negligence),strict liability,indemnity,or otherwise.The remedies provided in this
Agreement are Buyer'exclusive remedies.
(d) All lability of Seiler,Its officers,directors,employees,subcontractors,suppliers or affiliated cam panbs,resulting from,arising out of or connected with
the Products,Services or this Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date of this Agreement.
(s) in no event shall Seller be liable for any loss or damage whatsoever arising from lb failure to discover or repair latent defects or defects inherent in the
design of goods serviced(unless such discovery or repair Is normally discoverable by tests expressly specified in the scope of work under this Agreement)or
caused by the use of goods by the Buyer against the advice of Seller.dasher furnishes Buyer with advice or assistance concerning any products or systems
that is not required pursuant to this Agreement,the furnishing of such advice or assistance will not subject Seiler to any liability whetter in centred,indemnity,
warranty,tort(including negligence),strict liability or otherwise.
10. CHANGES,DELETIONS AND EXTRA WORK.
Seiler will not be required to make changes in the Products,Services or Software unless Buyer and Seller have executed a written change order for such change.
Any such change order will include an appropriate adjustment to the Agreement price andror schedule.If the change impairs Seller's ability to satisfy any of its
obligations to Buyer,the change order will include appropriate modifications to this Agreement.Seller shall be entitled to a change order adjusting the Agreement
price,schedule andkr any affected obligations of Seller if after the effective date of this Agreement(a)a change in applicable law,tariffs,levies,duties,taxes,
reguatbns or ordinances;(b)any actor omission of Buyer,any other party for whom Buyer is responsible,or any third party or any error or change in
Buyer-provided information should require a change in the Prodnets,Services or Software or(c)a transport disruption Involving the intercontinental shipment of
goods or sea freight causes an increase in the cost(including,in the case of a transportation disruption,costs incurred to avoid or mitigate such disruption)or
change in the schedule to supply the Products,Services or Software.
11 PAYMENT AND TAXES
U nbss otherwise agreed by Sailer in writing,payment terms are net 30 days from the date of Seller's invoice.All invoices are payable without deductions.Any
payments which are overdue will acorue interest at the rated 1%for each month or any portion thereafter the balance remains due.Seller's prices do not include
Page 4 of 9
ANDRITZ Separation ino. Remit to: Wire instruo0ons:
1010 Commercial Blvd.South ANDRTZ Separation Inc. Nordea Bank Abp
Arlington,TX76001 USA Dept 0312 New York Branch
P.O.Boor120312 SWIFT:NDEAUS3N
Tel:+1(817)4655611 Dales,TX 75312-0312 A000unt:8879433001
Fac+1 817 4B8v9961 Federal Tax ID Number:59.3773483 ABA 0 28 010 786
PAGE 7 OF 15 PAGES
AGENDA ITEM NO. 6.B
Our quote no: 21220349
any sales,use,excise or other taxes or customs dutles,tariffs,levies,or fees unless expressly agreed In writing by Seller.In addition to the price specified
herein,the amount of any present or future sales,use,excise or other tax applicable to the sale or use of the Products,Software or Services and customs dutles,
tariffs,levies,or fees shall be billed to and paid by Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities.
12. SECURRYINTEREST
Seller shall retain a purchase money security interest and Buyer hereby grants Seiler a lien upon and security interest In the Products until all payments
hereunder have been made in full.Buyer acknowledges that Seller may file enflaming statement or comparable document as required by appllsabIs law and may
take all other action It deems reasonably necessary to perfect and maintain such security Interest in Seller and to protect Seller's Interest in the Products.
13 SETOFF
Neither Buyer nor any of Its affiliates shall have any right to set off claims against Seller or any of Its affiliates for amounts owed under this Agreement or
otherwise.
14. INFRINGEMENT
Unless the Products or any part thereof are designed to Buyer's specifications or Instructions and provided pre Products or any part thereof is not used in any
manner other than as specified or approved by Seiler In writing or modified by Buyer without the written consent of Seller,(I)Seiler shall defend against claims
made in a suitor proceeding brought against Buyer by an unaffiliated third party that any Product infringes a registered copyright or device claim of a patent
issued as of the effective dab of this Agreement in the country in which tee Product will be operated,provided Seller is notified promptly in writing and given the
necessary authority,information and assistance for the defense of such claims;09 Seller shall satisfy anyjudgment(after all appeals)for damages entered
against Buyer on such claims;and(III)ifsuch judgment enjoins Buyer from wing any Product or a part thereof,then Seller will,at lb option:(a)obtain for Buyer
the right to continue using such Product or part;(b)eliminate the infringement by replacing or modifying all or part of the Products;or(c)tab book such Product
or part and refund to Buyer all payments on the Agreement price that Seller has received for such Product or part.THE FOREGOING STATES THE ENTIRE
LIABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY OF BUYER WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY
PROPRIETARY RIGHTS BY THE PRODUCTS.
15 SOFTWARE LICENSE AND WARRANTY
if Buyer and Seller have not entered into a separate license agreement,the following Software Terms and Conditions apply to any embedded software produced
by Seller and furnished by Seller hereunder:
The Software,as described in the Agreement('Software'),and all written materials or graphic files tlat are fixed in any tangible medium and that relate to and
support the Software('Documentatloel,and all present and future woridwide copyrights,trademarks,trade secrets,patents,patent applications,mask work
rights,morel rights,contract rights,and other proprietary rights recognised by the laws of any country inherent therein,including all changes and improvements
requested or suggested by Buyer!nthe support and maintenance of the Software are the exclusive property of Seller(lamb intellectual Property Rights').All
rights in and to the Software not expressygranbd to Buyer in the Agreement are reserved by Seiler.Nothing in this Agreement will be deemed to grant,by
implication,estoppel,or otherwise,a license under any of Seller's existing or future patents.Software will not include any upgrades,new versions,releases,
enhancements,or updates to the Software,unless agreed to by Seiler in writing and at lb sole discretion.To the extent any upgrades,new versions,releases,
enhancements,or updates to the Software are provided by Seller,the term'Software"shail be deemed to include such upgrades,new version or releases,
enhancements,or updates.To the extent any ownership right arises in Bayer with respect to the above,Buyer hereby assigns all of Its right,title,and interest in
and to any intellectual property embodied in the Seller's intellectual Property Rights,including enforcement rights,to Seiler without the payment of any additional
consideration thereof either to Buyer,or its employees,agents,or customers and agrees to execute any documents Seller deems necessary to effect such
assignment.
Seller hereby grants to Buyer a non-exclusive,non-transferable,non-sub-licensable,revocable license to install,run,and use the Software only in connection
with configuration of the Products and operating system for which the Software is ordered hereunder,and for the end-use purpose stated in this Agreement.
Buyer agrees that neither it nor any third party shell modify,reverse engineer,decompile or reproduce the Software,except Buyer may create a single copy for
backup or archival purposes in accordance with the Documentation(the'Copy').Buyer's license to usethe Software and the Copy of such Software shall
terminate upon any breach of this Agreement by Buyer.All copies of the Software,Including the Copy,are the properly of Seller,and all copies for which the
license Is terminated shell he returned to Seller,or deleted from Buyer's computer systems,with written confirmation after brminatlon.
Seiler warrants that,on the dabs of shipment of the Software or the Products containing the Software to Buyer.(1)the Software media contain a true and correct
copy of the Software and are free from material defects;(2)Seller has the right to grant the license hereunder;and(3)the Software will function substanfahy in
accordance with the related Seiler operating doeumentatlon.In no event doss Seiler warrant that the Software is error free or that Buyer will he able to opereb the
Software without impairments or interruptions.In addition,due to the continual development of new techniques for intruding upon and attacking netrorks,Seller
does not warrant that the Software or any equipment,system,or network on which the Software is used will he free of vulnerability to intrusion or attack.
if within 12 months from the date of delivery of the Software or Products containing the Software,Buyer discovers that the Software Is not as warranted above
and notifies Seller in writing prior to the end of such 12 month period,and if Seiler determines that it cannot or will not correct the nonconformity,Buyer's and
Buyer's Seiler-authorised transferee's exclusive remedies,at Seller's option,are:(1)replacement of the nonconforming Software;or(2)brminatlon of this license
and a refund of a pro rota share of the Agreement price or license fee paid.
If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seiler,Seller shall:(I)defend against any
claim Ina suitor proceeding brought by an unaffiliated third party against Buyer that the Software violates a registered copyright or a contidentlallty agreement
to which Seiler was a party,provided that Seller Is notified promptly in writing and given the necessary authority,information and assistance for the defense and
settlement of such claims(including the sole authority to select counsel and remove the Software or stop accused infringing usage);00 fbiler shall satisfy a final
Page 5 of 9
ANDRITZ Separation Inc. Remit to: Wire instmc0ons:
1010 Commercial Blvd.South ANDRITZ Separatkrn Inc, Hordes]Bank Also
Arlington,TX78001 USA Dept 0312 New York Branch
P.O.Bcx120312 SWIFT:NDEAUS3N
Tel:+1(817)4855811 Dales,TX 75312-0312 Account:8879433001
Fac+1 817 4B8v9961 Federal Tax ID Number.59.3773483 ABA 0260107813
PAGE 8 OF 15 PAGES
AGENDA ITEM NO. 6.B
Our quote no: 21220349
Judgment(after all appeals)for damages entered against Buyer for such claims,so long as such damages are not attributable to willful conduct or sanctioned
litigation conduct;and(III)ifsuch Judgment enjoins Buyer from using the Software,Seller may at Its option:(a)obtain for Bayer the right to continue using such
Software;(b)eliminate the Infringement by modifying the Software or replacing it with a functional equivalent(In which case,Buyer shall Immediately stop use of
the allegedly Infringing Software);or(c)take back such Software and refund to Buyer all payments on the Agreement price that Seller has received.However,
Seller's obligations under this Paragraph 10 shall not apply to the extent that the claim or adverse final judgment relates to:(1)Buyer's running of the Software
after being notified to discontinue;(2)non-Seller software,products,data or processes;(3)Buyer's alteration of the Software;(4)Buyer's distribution of the
Software to,or its use for the benefit of,any third party not approved in writing by Seiler,or(5)Buyer's acquisition of confidential information(a)through
improper means;(b)under circumstances giving rise too duty to maintain its secrecy or limit Its use;or(c)from a third party who owed to the party asserting the
claim a duty to maintain the secrecyer limit the use of the confidential information.Buyer will reimburse Seiler for any costs or damages that result from actions
1 to 5. THE FOREGOING PROVISIONS OF THIS SECTION 10(e)STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY
OF BUYER,WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY PROPRIETARY RIGHTS UNDER SECTION 10,INCLUDING BUT NOT LIMBED TO
PATENTS AND COPYRIGHTS,BY THE SOFTWARE OR ANY PART THEREOF.
This warranty set forth In subparagraph(c)above shall only apply when:(1)the Software Is not modified by anyone other than Seiler or Its agents authorized in
writing;(2)there Is no modification in the Products in which the Software Is installed by anyone other than Seller or Its agents authorized In writing;(3)the
Products are in good operating order and Instilled in a suitable operating environment(4)the nonconformity Is not caused by Buyer or a third party;(5)Buyer
promptly notifies Seller in writing,within the period of time set forth in subparagraph(c)above,of the nonconformity;and(6)all fees for the Software due to
Seller have been timely paid.SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,WITH REGARD TO THE SOFTWARE,INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,COURSE OF DEALING AND USAGE OF TRADE.
Buyer and its successors are limited to the remedies specified In this Paragraph 10.
Any subsequent modifications or enhancements to the Software made by Seller are,at Seller's option,subject to a fee.
16 SITE RISKS
(a) Site Conditions.The parties acknowledge and agree that as to cond0ione at the project site,Seller Is relying upon information provided by Buyer.If
Seller becomes aware of any subsurface,concealed,or differing condition,environmental heard or violation of any environmental law or regulation,Seiler will
immediately suspend performance Otte work in the affected area and notify Buyer.Buyer acknowledges that it will assume the risk of any increased costs and
changes to the schedule that may result from such conditions.if Buyer does not Immediately remade%such conditions,Seller may either suspend performance
of all work or terminate this Agreement.
(b) Environmental Remedlation.Buyer acknowledges that Seller is not an expert In environmental rernediation and shall not be directed by change order or
otherwise to perform any environmental rernediation as part of the Services,Including but not ilmlbdto asbestos and lead paint removal.If any environmental
remediatlon becomes necessary,Buyer will contract directly with a qualified third party to perform such wort.
17. TERMINATION
(a) Either party may terminate this Agreement upon breach by the other party of a material obligation hereunder and such party's failure tecure,or to
commence a cure of,such breach within a reasonable period of time(but not less than 30 days)following written receipt of notice of the same.
(b) Buyer may only terminate this Agreement for Buyer's convenience only if Buyer elects not to proceed with the project for which the Products and/or
Services are purchased and upon written notice to Seller and payment to Seller of Seller's termination charges,which shall be specified to Buyer and shall take
into account among other things expenses(direct and indirect)Incurred and commitments already made by Seller,overhead,and an appropriate profit.Incase of
such termination,the licenses granted in Paragraphs 10 and 13 hereof shall terminate.
(c) Seller shall have the right to suspend its Obligations under this Agreement if payment is not received within 30 days of due date.In the event of the
bankruptcy or insolvency of Buyer or In the event of any bankruptcy or Insolvency proceeding brought by or against Buyer,Seller shall he entitled to terminate
any order outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its cancellation charges.
18 INTELLECTUAL PROPERTY;CONFIDENTIALITY
(a) All Intellectual property embodied in the Products,Services and Software provkted to Buyer is the property of Seller,and any Intellectual properly
developed,at least in part,by Seller under this Agreement is and remains the sole and exclusive property of Seller.Further,Seller shall have the right to collect
and use data generated by the Products,Software or Services supplied hereunder.
(b) Buyer acknowledges that the Information that Seller submits to Buyer In connection with this Agreement and the performance hereof Is Seller's
confidential and proprietary information.Buyer agrees not to disclose such information to third parties without Seller's prior written consent.Seller grants to
Buyer a nonexclusive,royalty-free,non-transferrable license to use Soirees confidential and proprietary information disclosed hereunder for the purpose of the
installation,operation,maintenance and repair of the Products that are the subject of this Agreement only;provided,however,that Buyer further agrees not to,
and not to permit any third party to,analyze,measure the properties of,or otherwise reverse engineer the Products or any parts thereof,fabricate the Products or
any parts thereof from Seller's drwwings or to use the drawings otter than In connection With pile Agreement.Buyer will defend and indemnify Seiler from any
claim,suitor liability based on personal Injury(Including death)or property damage related to any Product or part thereof which Is fabricated by a third party
without seller's prior written consent and from and against related costs,charges and expenses(Including attorneys'fees).All copies ofgeiler's confidential and
proprietary information shall remain Seller's properly and may he reclaimed by Seller at any time In the event Buyer Is in breach of its obligations under this
Paragraph 13,or in case of Buyer's termination pursuant to Paragraph 12(b).
19. END USER
if Buyer is not the end user of the Products sold hereunder(the'End User'),then Buyer will use Its hest efforts to obtain the End User's written consent to he
Page 6 of 9
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRRZ Separation Inc. Nordea Bank Abp
Arlington,TX76001 USA Dept 0312 New York Branch
P.O.Box 120312 SWIFT:NDEAUS3N
Tel:+1(817)4655611 Dales,TX 75312-0312 Account:8879433001
Far+1 817 4B8v9961 Federal Too ID Number.59.3773483 ABA 0 26 010 786
PAGE 9 OF 15 PAGES
AGENDA ITEM NO. 6.B
Our quote no: 21220349
bound to Seller by the provisions hereof.If Buyer does not obtain such End User's consent,Buyer shall defend and Indemnify Seiler and Seller's agents,
employees,subcontractors and suppliers from any action,liability,cost,loss,or expense for which Seller would not have been liable or from which Seller would
have been Indemnified If Buyer had obtained such End User's consent
20. FORCE MAJEURE
(a) Force Majeure Defined.For the purpose of this Agreement'Force MaJeure'wlll mean all events,whether or not foreseeable,beyond the reasonable
control of either party which affect the performance of this Agreement,Including,without limitation,acts of God,acts or advisories of governmental or
quasi-governmental authorities,laws or regulations,strikes,lockouts or other industrial disturbances,acts of public enemy,wars,insurrections,riots,epidemics,
pandemics,outbreaks of infectious disease or other threats to public health,lightning,earthquakes,fires,storms,severe weather,floods,sabotage,delays in
transportation,rejection of main forgings and castings,lack of available shipping by land,sea or air,lack of dock lighterage or loading or unloading facilities,
inability to obtain labor or materials from usual sources,serious accidents involving the work of suppliers or subsuppiiers,thefts and explosions.
(b) Suspension of Obligations.If either Buyer or Seller is unable to carryout Its obligations under this Agreement due to Force Majeure,other than the
obligation to maim payments due hereunder,and the party affected promptly notifies the other of such delay,then all obligations that are affected by Force
Majeure will he suspended or reduced for the period of Force Majeure and for such additional time as Is required to resume the performance of its obligations,
and the delivery schedule will be adjusted to account for the delay.
(c) Option to Terminate.If the period of suspension or reduction of operations will extend for more than four(4)consecutive months or periods of
suspension or reduction total more than S months in any 12 month period,then either Buyer or Seller may terminate this Agreement,and Buyer shell pay to Seller
an costs,including overhead and Profit thereon.Incurred to the date of termination and costs incurred arising out of the termination.
(s) Strikes On-Site.Notwithstanding anything herein to the contrary,in the event a strike,lockout blockage,slowdown,labor,union or other industrial
disturbance at Buyer's site affects,delays,disrupts or prevents Seller's performance of this Agreement,Seller shell be entitled to a change order containing an
appropriate adjustment in the Agreement price and delivery schedule.
21 . INDEMNIFICATION AND INSURANCE
(a) indemnification.Seller agrees to defend andindemnify Buyer from and against any third-party claim for bodily injuryor damage to fengible property
('Loss')arising in connection with the Products or the Services provided by Seller hereunder,but only to the ealent such Loss has been caused by the
negligence,willful misconduct or other legal fault('Fauit'J of Seller.Buyer shell promptly tender the defense of any such thindparty claim to Seiler.Seiler shall
be entitled to control the defense and resolution of such claim,provided that Buyer shall he entitled to he represented in the matter by counsel of Its choosing at
Buyer's sole expense.Where such Loss results from the Fault of both Seller and Buyer or a third party,then Seller's defense and indemnity obligation shell he
limited to the proportion of the Loss that Seller's Fault beam to the total Fault.
(b) insurance.Seller shell maintain commercial general liability insurance with limlbof$2,600,000 per occurrence and lnthe aggregate covering claims for
bodily Injury(including death)and physical property damage arising out of the Products orServices.Seller shell also provide workers'compensation insurance
or the like as required by the laws of the jurisdiction where the Services will be performed,and owned and non-owned auto liability insurance with limits of
S1,000,000 combined single limit.Seiler mill provide a Certificate of insurance certilying the existence of such coverages upon request.
f' EXPORT CONTROL AND ECONOMIC SANCTIONS COMPLIANCE
(a) Buyer recognizes that any Products and Software brat are the subject of this Agreement and originate in the U.S.remain subject to U.S.export control
and economic sanctions laws and regulations even after such Products are exported from the U.S.(If applicable),and even though such Products and Software
have been purchased!nand,if applicable,exported from Canada.Buyer certifies that such Products and Software wail not be diverted,transshipped,
reexported,or otherwise transferred in contravention of any applicable export control and economic sanctions laws and regulations,nor will it allow the
Products or Software to he incorporated into other products or used to make direct products thereof that are exported,reexported,used,or transferred in
violation of US.export control and economic sanctions laws and regulations.Buyer further affirms that such Products and Software will not he used,directly or
indirectly,in any application involving missile technology,nuclear proliferation,or chemical and biological weapons proliferation.Without limiting the foregoing,
Buyer will not,nor will it allow third parties to,export,reexport,or transfer any Products or Software to any person or entity that is the target of U.S.sanctions or
is in Boleros,Crimea,Cuba,Iran,North Korea,Russia,Syria,the prohibited areas in Ukraine including Donetsk,Manson.Luhansk and Zaportshahla,or aay other
country or territory in violation of U.S.sanctions.
(b) Buyer shall he responsible for any breach of this provision by it,and its successors and permitted assigns,as well as its parents,affiliates,employees,
officers,directors,partners,members,shareholders,customers,agents,distributors,resellere,or vendors('Buyer Parties')and shall indemnify and hold
harmless Seller from and against any claim,proceeding,action,fine,loss,cost expense(including attorneys'fees),damages,and penalties arising out of or
relating to any non-compliance with U.S.export control and economic sanctions laws and regulations by any Buyer Party.
(4) Buyer shall,upon request Or Seiler,promptly provide all information necessary for Seiler to ensure compliance with US.export control and economic
sanctions laws and regulations,Including but not limited to information related to endesere,end-uses,and destination countries.
23_ SPECIAL CONDITIONS FOR PRESSUREVESSELS
For installation,repair,or maintenance Services on existing pressure vessels,piping and equipment the following shall apply:
(a) Unless otherwise agreed and stated in the Agreement Buyer shall he responsible for:(I)physically disconnecting and isolating vessels and equipment
being repaired from existing piping and electrical power before Seller or any of Its subcontractors start the Ssrnces,and take adequate precautions that
reconnection and resumption of use does not take place until the Services are completed,and(IQ emptying the vessels and piping and freeing them from any
toxic or harmful substances before the Services begin so that to vessels and piping are safe for Services to begin.Buyer shall maintain the area entirely free of
combustible,toxic and=phyxiant substances and provide fire protection service until the Services are completed;
Page 7 of 9
ANDRITZ Separation Inc. Remit to: Wire instructions:
1010 Commercial Blvd.South ANDRITZ Separation Inc, Nordea Bank Abp
Arlington,TX76001 USA Dept 0312 New York Branch
P.O.Box 120312 SWIFT:NDEAUS3N
Tel:+1(817)4855611 Dellas,TX 75312'0312 Account:8879433001
Fax+1 817 4B8v9961 Federal Tax ID Number:59.3773483 ABA 0 26 010 786
PAGE 10 OF 15 PAGES
AGENDA ITEM NO. 6.B
AWJRNL..
Our quote no: 21220349
(b) If the Services are on an WSW rig vessel*existing piping,the Buyer is responsible for determining the prior condition of the portion of the vessel or
piping not involved In the Services,and its ability to withstand the Se Mass and any tests that may be necessary;
(c) Buyer shall also be responsible for evaluating the effects of prior use of the vessel or piping upon structural adequacy,and the suitability of the vessel
or piping for the service intended when the Services are completed;
(d) Seller has no obligation to provide any inspections*tests,and Buyer tabs full responsibility for all necessary Inspections and tests,including but not
limited to,selection of testing personnel,type,location,frequency,and severity of any inspections and tests and all test results at any stage*the Services;
(e) Upon request of Seller,Buyer shall provide Seller with the history of the vessel,a statement of the tests to be performed and a statement of the
proposed use of the vessel after completion of the Services,and
(f) if repairs are required:(I)Buyer will provide an Authorised inspector(1a11 who will determine the scope of the Services to be done;(II)Seller will provide
Buyer with a proposed Quality Control C0C'1 package specifying the methods and procedures that Seller will follow in performing the Services specified by the
Buyer;(III)the proposed QC package is subject to approval by the Buyer,and such approval must be provided before Services commence;(Iv)after approval of
the QC package,the Services shell be done in accordance with the QC package.At the option of the Al.held points may be estabilahed for inspection during the
course of the Services;and(v)upon completion of the Services,the Al shall inspect the Services and provide a signed acceptance that they have been completed
in accordance with the QC package.Such acceptance by the Al shall establish completion of the Services.
24. TECHNICAL ASSISTANCE
Technical Assistance means that Seller's technician(s)and or engineer(s)will assist Buyer during the performance of Buyer's site work in the interpretation of the
related prooedures provided bySellar.When providing Technical Assistance,Seller will not be required to supervise or coordinate Buyer's labor force,perform
measurements,complete or ensure the accuracy of quality control documents,or ensure the orderly sequencing of the site work,but Seiler will advise Buyer of
any non-conformances as recorded on the quality control documentation completed by Buyer,and counter sign such quality control documentation to confirm
correction of such nonconformance.Notwithstanding the above or any other provision of the applicable Purchase Order,Seller shall have no authority,
responsibility,liability or control over Buyer's or its suppliers'activities(and performance thereof),schedule and labor force,Including for the execution,quality
and/or workmanship of any installation services or site work.Therefore,Seller will not be responsible for the installation labor and Seller will not he liable for the
quality and/or workmanship of the site work.
Y3_ GENERAL
(a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance withal!applicable federal,state and local
laws applicable to their manufacture and in accordance with Seller's engineering standards.Seller shall not he liable for failure of the Products to comply with
any other specifications,standards,laws or regulations.
(b) This Agreement shall inure only to the*melt*Buyer and Seiler and their respective successors and assigns.Any assignment of this Agreement or
any of the rights or obligations hereunder,by either party without the written consent of the other party shall be void.
(c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and
written understandings between Buyer and Seiler concerning the Products and%or Services and any prior course of dealings or usage of the trade not expressly
incorporated herein.
(d) This Agreement maybe modified,supplemented or amended only by a writing signed by an authorised representative of Seiler.Seller's waiver of any
breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure by Seller to enforce any of the terms and condition of
this Agreement*any time,shall not affect,limit or waive seller's right thereafter to enforce and compel strict comp)lance with every tens and condition hereof.
(e) The invalidity or unenforceabiiiy of any covlsbn of this Agreement pursuant to applicable law shall not affect thevalily or enforceability of the
remaining provisions and this Agreement shall he construed as if it did not contain the provision held invalid or unenforceable.
(f) All terms of this Agreement which by their nature should apply after the cancellation,completion or termination of this Agreement,including,but not
limited to,Paragraphs 4,13,1T and 20,shall survive and remain fully enforceable after any cancellation,completion or termination hereof.
(g) (I)ifSeller's office is located in the United States,this Agreement and the performance hereof will be governed by and confined according to the laws of
the State of Georgia.
(Ica if Seller's office is located in Canada,this Agreement and the performance hereof will be governed by and construed according to the laws of the Province of
New Brunswick.
(h) (I)in the circumstances of g(i)above,any controversy or claim arising out of or relating to this Agreement,or the breach hereof,or to the Products or
the Services provided pursuant hereto,shall be definitively settled by arbitration,to the exclusion of courts of law,administered by the American Arbitration
Association('RM")in accordance with its Construction industry Arbitration Rules in force at the time this Agreement Is signed and to which the parties declare
they will adhere(the'AAA Rules'',and judgment on the award rendered by the arbitratoi(s)may be entered in any court having Jurisdiction over the party against
whom enforcement is sought or having jurisdiction over any of such parry's assets.The arbitration shall be conducted in Atlanta,Georgia by a panel of three
members,one of whom will be appointed by each of Buyer and Seiler and the third of whom will be the chairman of the panel and will be appointed by mutual
agreement of the two party appointed arbitrators.All arbitrators must be persons who are not employees,agents,or former employees or agents of either party.
In the event of failure of the two paryappoinbd arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the
third arbitrator,the third arbitrator will be appointed by the AAA in accordance with the AAA Rules.In the event that eiter of Buyer*Seller fans to appoint an
arbitrator within 30 days after submission of the dlapute to arbitration,such arbitrator,as well as the third arbitrator,will be appointed by the AAA in aoocrdanoe
Page 8 of 9
ANDRITZ Separation Inc. Remit to: Wire instmctions:
1010 Commercial Blvd.South ANDRTZ Separation Inc, Nordea Bank Abp
Arlington,TX78001 USA Dept 0312 New York Branch
P.O.B0x120312 SWIFT:NDEAUS3N
Tel:+1(817�4855811 Daubs,TX 75312.0312 Account:8879433001
Fac+1 817 4B8v9961 Federal Tax ID Number.59.3773483 ABA:0 26 010 7813
PAGE 'I 'I OF 15 PAGES
AGENDA ITEM NO. 6.B
Our quote no: 21220349
with the AAA Rules.
(II)In the circumstances of g(II)above,any controversyor claim adsing out of or relating to this Agreement,or the breach hereof or to the Products or the
Services provided pursuant hereto,shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre('CCAC),by means of
arbitration and to to exclusion of court of law,In accordance with Its General Commercial Arbitration Rules In force*the time the Agreement Is signed and to
which the parties declare they will adhere(the'CCAC Rules"),and Judgment on the award rendered by the arbitrator(s)may be entered In any court having
Jurisdiction over the party against whom enforcement Is sought or having Jurisdiction over any of such party's assets.The arbitration shall be conducted In Saint
John,New Brunswick by a panel of three arbitrators,one of whom will be appointed by each of Buyer and Seiler and the third of whom will be the chairman of the
arbitral tribunal and will be appointed by mutual agreement of the two partyappointed arbitrators.All arbitrators must be persons who are not employees,agents,
or former employees or agents of either party.In the event of failure of the two pertyappoined arbitrators to agree within 45 days after submission of the dispute
to arbitration upon the appointment of the third arbitrator,the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules.In the event that
either of Buyer or Seiler fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration,such arbitrator,as well as the third arbitrator,
will be appointed by the CCAC in accordance with the CCAC Rules.
(I) in the event this Agreement pertains to the sale of any goods outside the United Stabs or Canada,the parties agree that the United Nations Convention
for the international Sale of Goods shall not apply to this Agreement
(J) The parties hereto acknowledge that a French copy of this Agreement was available and have expressly required that this Agreement be drawn up in
English.Les parties aua prdsentes reconnaissent brume copse en franyais de la primente convention Cart disponible et ont eopressdmrent edge que la prfcente
convention soft rddigie en angiaic.(k)if Sellers office I located in Canada,the following shall apply:Pomona!information means Information that can directly or
Indirectly Identify a natural person('Personal information").With respect to any Personal information disclosed by the Seiler to to Buyer,the Buyer shall
enercies diligence,shall use the Personal information exclusively for the purpose disclosed,and shall at all times be in compliance with all applicable laws and
regulations related to privacy,dab security a ndier otherwise related to the processing,storage,protection,transmission,use,destruction,andror disclosure of
data.O the Buyer Identifies or le made aware of a cybersesurity or data privacy breach(each a'Privacy Ineldent')involving Personal Information disciesed bythe
Seller under this Agreement,the Buyer shall notify the Seller by emalling LegalServkec Canadagandrlteom no later than ion(10)business days after learning
Of the Privacy incident.The Buyer shall,within reason,provide a clear and concise description of the incident to tite Seller and take the appropriate precautions
consistent with applicable law and industry practice available to minimise any potential impacts to the Seiler.The Buyer also agrees that It will cooperate with the
Seiler%investigation or questioning of pre breach or incident.Upon the earlier of the Sellers written request or upon termination orespiration of the Agreement,
the Buyer shall either return to the Seller or irretrievably delete(if possible)the Personal information provided by the Seiler.
Please do not hesitate to contact us if you require further information.
Yours sincerely
Andritz Separation Inc.
Aknowledgement of order Date/Signature
Page 9 of 9
ANDRITZ Sepereyen Ind Remit t0' Wire instmcyons:
1010 Commercial Blvd.South ANDRRZ Separation Inc. Nordea Bank Abp
Arlington,TX78001 USA Dept 0312 New York Breach
P.O.Bac120312 SWIFT:NDPAUJSSN
Tel:+1(817)4855811 Dallas,TX 75312.0312 Account:8879433001
For.+1 817 4ti6-3951 Federal Tax ID Number.59-3773483 ABA:026010786
PAGE 12 OF 15 PAGES
AGENDA ITEM NO. 6.B
Wichita Falls,TX Frame Inspection Armond°Alvarado
AEN 400472096 Product Specialist
Serial No.95142 Andritz E&E
During the disassembly of our Belt Filter Press(BFP),our Andritz Field Service Technician
uncovered extensive corrosion on the internal side of the frame members.This corrosion
wasn't visible until we disassembled the BFP,which is why it went unnoticed previously.
Upon discovering this issue,we immediately put a hold on the project to allow our Product
Specialist to evaluate the condition of the affected frame members.After a thorough
assessment,we have the following recommendations:
For the intermediate frame and cross members that are severely corroded,we recommend
immediate replacement.This is crucial to ensure the integrity and safety of the BFP. For the
remaining frame members,we suggest sandblasting and re-galvanizing to prevent any
further corrosion.Please note that the new and re-galvanized frame members will not be
painted with Andritz yellow epoxy.
Below are the additional frame members that require replacement.
• Intermediate frame members#5R&6L
• Gravity Zone Support Beams 3ea#11
• Frame Cross Members Support Beams 2ea#10
PAGE 13 OF 15 PAGES
AGENDA ITEM NO. 6.B
Wichita Falls,TX Frame Inspection Armond()Alvarado
AEN 400472096 Product Specialist
Serial No.95142 Andritz E&E
_1
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PAGE 14 OF 15 PAGES
AGENDA ITEM NO. 6.B
Wichita Falls,TX Frame Inspection mvdo
AEN 400472096 Ar Productondo Specialisara
Serial No.95142 AndritzAl E&Et
EKtensiuec E, rosion on frame cross �.
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PAGE 15 OF 15 PAGES
AGENDA ITEM NO. 6.B
STRATEGIC PILLAR
rift
❑ Accelerate Economic
V Growth
k444 �S ® Provide Quality
T E X A S Infrastructure
❑ Actively Engage and
k/s 5Aer Golden Orpoortete . Inform the Public
❑ Optimize
Engagement with the
City Council Meeting City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.c
Agenda Title: Resolution authorizing the City Manager to approve Change Order No. 1
for the 2025 Asphalt Rehabilitation Project to Overland Corporation in the amount of
$559,837.08
Council Action to be Taken: Approval of Resolution authorizing change order
Department Submitted: Public Works
Staff Contact: Russell Schreiber, Public Works Director
1. PURPOSE / DESCRIPTION
Approval of the resolution will add the rehabilitation of the "Little Alley" adjacent to Ben
Franklin Elementary School.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
On April 22, 2025, bids were opened for the 2025 Asphalt Rehabilitation Project. This
project is generally described as the rehabilitation of various City asphalt streets and
associated work. Overland Corporation was awarded the project in the amount of
$2,497,427.00 on May 6, 2025. This change order will expand the scope of the project
by adding quantities located on Hollandale Ave. and the "Little Alley", which was
dedicated to Tracy Little at the City Council meeting on April 15, 2025.
3. BOARD REVIEW/CITIZEN INPUT
4. RECOMMENDATION
Approval of resolution
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 6.c
5. FUNDING SOURCE
Approved FY 2025 street maintenance budget.
6. TIMELINE
The 2025 Asphalt Rehabilitation Project is currently under construction, with the
contract's end date set for February 22, 2026. If approved, the proposed change order
will extend the contract by 30 days for the additional work, pushing the contract's end
date to March 24, 2026
Overland Corporation is currently operating ahead of schedule and anticipates the entire
project to be completed by October/November 2025.
7. ALTERNATIVE OPTIONS
8. ATTACHMENTS
• Resolution
• Change Order No. 1 Form
• Location Map
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 6.c
RESOLUTION NO.
Resolution authorizing the City Manager to approve Change Order No.
1 for the 2025 Asphalt Rehabilitation Project to Overland Corporation
in the amount of $559,837.08
WHEREAS, the City of Wichita Falls entered a unit price contract with Overland
Corporation for the 2025 Asphalt Rehabilitation Project with the estimated total cost of
$2,497,427.00; and,
WHEREAS, the City of Wichita Falls has negotiated Change Order No. 1 for an
addition of $559,837.08.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute Change Order No. 1 for the 2025
Asphalt Rehabilitation Project with Overland Corporation in the amount of $559,837.08.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 6.c
CITY OF WNCHITA FALLS,TEXAS CHANGE ORDER NO_: 1
CONTRACT CHANGE ORDER FORM DATE: 712412D25
AMOUNT OF CHANGE $ 559,837,08
,
'PROJECT/CONTRACT: I 2025 Asphalt Rehabilitation Project, CWF2S-100-06
Tp Overland Corporation,this Change Order,after approval by the Owner,MI be your
(Contractor)
authority to make the following d+angee in the work under your contract!
Dactesse Wesson Total Change
Deecflption of Changes in Contract In Contract In Contract
Thls change order will add quantities to rehabilitate the"Little Alley',between The Forum and Franklin Elementary,and
Hollandale Ave„from Weeks St to Norman St.
Item 200.1-001;Site Preparation a Mobaization $ $ 25,000,00 $ 25,000.00
In chased I LS at$25,000.00 per LS fore final total al 1 LS
Rern 201.2•C01:Street Sign Relocation $ - $ 750.00 $ 750.00
InCreeleed 1 EA at$750.00 per EA tot a final total of 1 EA
Item 302-0:.Type D riot Mix Asphalt S - $ 103,312,50 $ 102,312.50
Irrcreased 725 TON at$142 50 per TON for a final total of 4,100 TON
Oerrn 305 1 Remove&Replace Curb&Cutter $ - $ 12.750.00 $ 12,750.013
Increased 150 LF at$85.00 per LF fora final total of 905 LF
earn 305.2-PR:Pedestrian Ramps $ - $ 119,200.00 $ 19,200,00
InCreatiee 6 EA al$3.200.00 per EA for a firnal tala'of 7 EA
ha 305.2-SW:RemoveReplace 4-f o,ry eIe Sidewalk $
m & S 6.300 00 1 6,300.00
Increased 30 SY at$210.00 per SY fora final total of 35 SY
Item 305.2-VG:Remove&Replace Valley Gutter $ • 5 26.750 00 11« 25,250.00
Increased 125 SY al$210.00 per SY for a final total of 225 SY .,
40243:8'ease Repair $ $ 330,625 00 5 330,6,25 00
Increased 2,645 SY at$125.00 per SY fora final total of 3,030 SY
403-M:Staling fi$ 14,010.00 $ 14,010.00
Increased 4,670 SY at$3.00 per SY for a final total of 19,420 SY
801•C01.Temporary Traffic Control $ 20,833.33 $ 20,833.33
Increased 1 LS at$20,833.33 per LS for a final total of 1 LS
804-12WS-001: 12"White Solid Striping(Crosswalk) $ $ 270.00 $ 270,00
Increased 60 LF at$4.50 per LF for a final total of 60 LF
804-24WS.24"White Sotia Striping(Soap Bar&Crosswalk) x - $ 536,25 $ 536.25
Increased 65 LF at$8.25 per LF for a flnel total of 205 LF
TOTAL $ - $ 556.537,06 $ 559,637 08
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 6.c
AMOUNT OF ORIGINAL.CONTRACT: f$ 2,497,427.00
TOTAL AMOUNT OF THIS CHANGE ORDER: $ 559.837.08
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: 1 $ -
CONTRACT AMOUNT TO DATE: 1 $ 3,057,284.08
The completion time under your contract wall bo extended by thirty(30)days because of this change
order making the revised completion date March 24,2026.
Accepted By Contractor: Recommended By ArchlEng: Approved By Owner:
Of applicable)
By: By: By:
Title: l'I s%o ,v T Title: Tltie:
Date: e 3 - Z"S Date: Date:
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 6.c
2025 ASPHALT REHABILITATION PROJECT
REHABILITATION OF VARIOUS CITY ASPHALT STREETS
CWF25-100-06 •CAMELOT DR
1HE FQ UM
FR.ANkLII FLE!rENTARY
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AVM DALE ST
LITTLE ALLEY-CO#1
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PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 6.c
STRATEGIC PILLAR
❑ Accelerate Economic
► �l Growth
, a ® Provide Quality
TEXAS Infrastructure
e:C�or/desv 0 orte nitie . ❑ ActivelymtheEngage and
P/ue5kt
�/' Inform the Public
❑ Optimize
CityCouncil MeetingEngagement with the
City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.D
Agenda Title: Resolution authorizing the City Manager to sign all documents necessary
awarding a contract for flood extraction and remediation at the Police Department
Headquarters at 610 Holliday to All American Restoration LLC in the amount of
$146,983.24
Council Action to be Taken: Approval of a resolution authorizing a contract with All
American Restoration LLC
Department Submitted: Facilities
Staff Contact: Blake Jurecek, Assistant City Manager
Derek Brown, Information Technology and Facilities Administrator
1. PURPOSE / DESCRIPTION
Award a contract with All American Restoration LLC for flood extraction and remediation
at the Police Department Headquarters located at 610 Holliday Street.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
On April 29, heavy rain overwhelmed storm drains at the Police Department
Headquarters, sending 10-12 inches of water into the sloped "turnaround" area and then
into the first floor through two doorways. Sandbags reduced, but did not prevent, flooding,
which damaged about 25°/0 of the first floor. All American Restoration LLC handled water
removal, repairs, and asbestos and mold abatement.
3. BOARD REVIEW/CITIZEN INPUT
None applicable.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.D
4. RECOMMENDATION
Approval of the resolution.
5. FUNDING SOURCE
General Fund Contingency
6. TIMELINE
Completion is projected to be August 15tn
7. ALTERNATIVE OPTIONS
None applicable.
8. ATTACHMENTS
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.D
RESOLUTION NO.
Resolution authorizing the City Manager to sign all documents
necessary awarding a contract for flood extraction and remediation at
the Police Department Headquarters at 610 Holliday to All American
Restoration LLC in the amount of$146,983.24
WHEREAS, the City of Wichita Falls 2024-25 Facilities budget includes funds for
general facility repairs; and,
WHEREAS, All American Restoration LLC provided emergency flood extraction
and remediation services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager authorized to sign all documents necessary for flood extraction
and remediation at the Police Department HQ to All American Restoration LLC in the
amount of $146,983.24.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.D
STRATEGIC PILLAR
❑ Accelerate Economic
► �l Growth
, a ® Provide Quality
TEXAS Infrastructure
e:C�or/desv 0 orte nitie . ❑ ActivelymtheEngage and
P/ue5kt
�/' Inform the Public
❑ Optimize
CityCouncil MeetingEngagement with the
City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.E
Agenda Title: Resolution authorizing the City Manager to sign all documents necessary
awarding a contract for flood damage reconstruction at the Police Department
Headquarters at 610 Holliday to Select Pro Construction LLC in the amount of
$108,832.40
Council Action to be Taken: Approval of a resolution authorizing the contract with Select
Pro Construction LLC.
Department Submitted: Facilities
Staff Contact: Blake Jurecek, Assistant City Manager
Derek Brown, Information Technology and Facilities Administrator
1. PURPOSE / DESCRIPTION
Award a contract with Select Pro Construction LLC for flood mediation and repair at the
Police Department Headquarters located at 610 Holliday Street.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
On April 29, heavy rain overwhelmed storm drains at the Police Department
Headquarters, sending 10-12 inches of water into the sloped "turnaround" area and then
into the first floor through two doorways. Sandbags reduced, but did not prevent, flooding,
which damaged about 25°/0 of the first floor. Select Pro Construction LLC handled repair
and reconstruction of the damaged areas.
3. BOARD REVIEW/CITIZEN INPUT
None applicable.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.E
4. RECOMMENDATION
Approval of the resolution
5. FUNDING SOURCE
General Fund Contingency
6. TIMELINE
Completion is projected to be August 15tn
7. ALTERNATIVE OPTIONS
None applicable.
8. ATTACHMENTS
None
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.E
RESOLUTION NO.
Resolution authorizing the City Manager to sign all documents
necessary awarding a contract for flood damage reconstruction at the
Police Department Headquarters at 610 Holliday to Select Pro
Construction LLC in the amount of$108,832.40
WHEREAS, the City of Wichita Falls 2024-25 Facilities budget includes funds for
general facility repairs; and,
WHEREAS, Select Pro Construction LLC provided emergency flood damage
reconstruction services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager authorized to sign all documents necessary for flood damage
reconstruction at the Police Department HQ to Select Pro Construction LLC in the amount
of $108,832.40.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.E
STRATEGIC PILLAR
❑ Accelerate Economic
► �l Growth
, a ® Provide Quality
TEXAS Infrastructure
e:C�or/desv 0 orte nitie . ❑ ActivelymtheEngage and
P/ue5kt
�/' Inform the Public
❑ Optimize
CityCouncil MeetingEngagement with the
City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.F
Agenda Title: Resolution authorizing the City Manager to sign all documents necessary
awarding a contract for emergency repairs to the sewer main line at the Central Services
Complex at 2100 Seymour Highway to Wilbourn & McCabe Plumbing Company in the
amount of $106,390
Council Action to be Taken: Approve a resolution authorizing the contract
Department Submitted: Facilities
Staff Contact: Blake Jurecek, Assistant City Manager
Derek Brown, Information Technology and Facilities Administrator
1. PURPOSE / DESCRIPTION
Replace a collapsed sewer line for the main restrooms at the Central Services complex
located at 2100 Seymour Highway.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
Restrooms in the Central Services Complex main office experienced recurring sewer
clogs. Staff solicited requests for estimates from multiple contractors, with Wilbourn and
McCabe submitting the lowest estimate of $34,775. During excavation, unstable soil—
some beneath the building's foundation—required foundation stabilization and larger
excavation equipment. These unforeseen issues raised the total repair cost to $106,390.
3. BOARD REVIEW/CITIZEN INPUT
None applicable.
4. RECOMMENDATION
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.F
Approval of the resolution authorizing the contract
5. FUNDING SOURCE
Approved FY 2025 Facilities Division budget
6. TIMELINE
Completion is projected to be August 14th
7. ALTERNATIVE OPTIONS
n/a
8. ATTACHMENTS
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.F
RESOLUTION NO.
Resolution authorizing the City Manager to sign all documents
awarding a contract for emergency repairs to the sewer main line at
the Central Services Complex at 2100 Seymour Highway to Wilbourn
& McCabe Plumbing Company in the amount of$106,390
WHEREAS, the City of Wichita Falls 2024-25 Facilities budget includes funds for
general facility repairs; and,
WHEREAS, Wilbourn & McCabe Plumbing Company submitted an initial bid of
$34,775, but increased to $106,390 due to unforeseen emergency repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to sign all documents necessary for emergency
repairs to the sewer main line at the Central Services Complex to Wilbourn &
McCabe Plumbing Company in the amount of $106,390.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.F
STRATEGIC PILLAR
❑ Accelerate Economic
► �l Growth
, a ® Provide Quality
TEXAS Infrastructure
e:C�or/desv 0 orte nitie . ❑ ActivelymtheEngage and
P/ue5kt
�/' Inform the Public
❑ Optimize
CityCouncil MeetingEngagement with the
City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.G
Agenda Title: Resolution authorizing the City Manager to award a contract for the
replacement of the roof on Fire Station #1 at 1005 Bluff to Lydick-Hooks Roofing Co. of
Wichita Falls, Inc. in the amount of $123,300
Council Action to be Taken: Approval of resolution authorizing contract
Department Submitted: Facilities
Staff Contact: Blake Jurecek, Assistant City Manager
Derek Brown, Information Technology and Facilities Administrator
1. PURPOSE / DESCRIPTION
The existing roof at the Central Fire Station is 25 years old and has exceeded its useful
life and requires replacement in lieu of repair. Approval of the resolution would award a
contract to Lydick-Hooks Roofing Co. of Wichita Falls, Inc. to replace the roof.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
The Building Maintenance division reached out to Lydick-Hooks for repair estimates for
the roof on Fire Station #1 . It was determined that the roof is 25 years old and had
exceeded its warranty of 20 years and needs replacement rather than repair. Lydick-
Hooks Roofing Co. of Wichita Falls, Inc. provided a quote for replacement. The City has
contracted with Lydick-Hooks to maintain and repair at many of the City facilities. Lydick-
Hooks is a member of the TIPS purchasing cooperative, which allows the City to
purchase directly from them without having to go out to bid. Construction of this project
should require 3 to 4 weeks to complete.
3. BOARD REVIEW/CITIZEN INPUT
n/a
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.G
None applicable.
4. RECOMMENDATION
Approval of the resolution authorizing the contract.
5. FUNDING SOURCE
Approved FY 2025 Facilities Division budget.
6. TIMELINE
Completion is projected to take 3 to 4 weeks.
7. ALTERNATIVE OPTIONS
Continue to patch the roof as needed.
8. ATTACHMENTS
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.G
RESOLUTION NO.
Resolution authorizing the City Manager to award a contract for the
replacement of the roof on Fire Station #1 at 1005 Bluff to Lydick-
Hooks Roofing Co. of Wichita Falls, Inc. in the amount of $123,300
WHEREAS, the City of Wichita Falls 2024-25 budget includes $100,000 to replace
the existing roof; and,
WHEREAS, Lydick-Hooks Roofing Co. of Wichita Falls, Inc. submitted a quote of
$123,300 and is on the TIPS purchasing contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute all documents necessary to
award a contract for the replacement of the roof on Fire Station #1 to Lydick-
Hooks Roofing Co. of Wichita Falls, Inc. in the amount of $123,300.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.G
STRATEGIC PILLAR
❑ Accelerate Economic
Growth
, a
T E X A S lS ® Provide Quality
7 Infrastructure
❑ Actively Engage and
A/cse5A7e5:4eridety 0frorti*tie . Inform the Public
❑ Optimize
Engagement with the
City Council Meeting City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.H
Agenda Title: Resolution authorizing the use of Federal Aviation Administration funds for
terminal projects and purchasing replacement apron lighting for the Wichita Falls
Regional Airport, located at 4000 Armstrong Drive, through the Sourcewell Purchasing
Cooperative from Musco Sports Lighting, LLC in the amount of $89,000 for the Airports
Division.
Council Action to be Taken: Approval of resolution authorizing funds and contract
Department Submitted: Wichita Falls Aviation Division
Staff Contact: Andrew Holley, Airports Administrator
James A. McKechnie, Deputy City Manager
1. PURPOSE / DESCRIPTION
The Airport proposes replacing all of the current apron lighting equipment of the existing
system and procuring new apron lighting equipment for the Regional Airport commercial
ramp.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
This new system will be purchased and installed from Musco Sports Lighting, LLC in the
amount of$89,000 through the Sourcewell Purchasing Cooperative. This amount covers
the equipment and the installation costs and provides a ten-year material and labor
warrantee relieving the city from maintenance costs.
3. BOARD REVIEW/CITIZEN INPUT
N/A
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.H
4. RECOMMENDATION
The Wichita Falls Aviation Division does recommend approval of this item.
5. FUNDING SOURCE
The airport has remaining FY 22 FAA Airport Improvement Program (AIP) grant funds.
The funding is a 95%/5% matching grant where the City would be responsible for 5°/0.
The 5°/o matching funds are derived from the Airport Customer Facility Fees revenue
fund.
6. TIMELINE
10-12 weeks for purchase and installation.
7. ALTERNATIVE OPTIONS
Alternative options include using pure Airport Customer Facility Fees to cover the cost
of the purchase and installation. However, this is not recommended as the FAA grant
funding is available.
8. ATTACHMENTS
• Resolution
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.H
Resolution No.
Resolution authorizing the use of Federal Aviation Administration
funds for terminal projects and purchasing replacement apron lighting
for the Wichita Falls Regional Airport, located at 4000 Armstrong
Drive, through the Sourcewell Purchasing Cooperative from Musco
Sports Lighting, LLC in the amount of$89,000 for the Airports Division
WHEREAS, the airport has remaining FY22 FAA AIP grant funds and these funds
must be under grant by September 30, 2025; and,
WHEREAS, the airport apron lighting system is an approved usage of the FAA AIP
grant funds; and,
WHEREAS, the airport apron lighting system currently relies on traditional bulbs
that consume substantial energy and replacing them will improve operational efficiency
and significantly reduce the airport's overall energy usage; and,
WHEREAS, the City Manager is authorized to execute a contract for the City with
said Contractor for the completion of such project in a form as approved by the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City accepts of the FAA AIP Grant Funds and authorizes the City
Manager to execute a contract, in a form as approved by the City Attorney,
for the purchase and installation of a Lighting System to Musco Sports
Lighting, LLC in the amount of $89,000.
PASSED AND APPROVED this the 19th day of August 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.H
STRATEGIC PILLAR
® Accelerate Economic
Growth
, a
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City Council Meeting City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 6.1
Agenda Title: Resolution approving the programs and expenditures of the Wichita Falls
Type B Sales Tax Corporation (4B) by amending the budget to include funding in an
amount not to exceed $104,100 to White Realty Management Company to assist with
renovations at the City National Building at 807 8th Street downtown.
Council Action to be Taken: Consider resolution approving budget amendment
Department Submitted: City Manager's office c/o 4B Board
Staff Contact: Paul Menzies, Assistant City Manager
1. PURPOSE / DESCRIPTION
The applicant proposes structural repairs to the City National Building's parking garage
and modernization of the twin elevators, for a total project cost of $1 ,040,100. The 4B
Board conducted a public hearing and approved the request at their most recent meeting.
The $104,100 funding approved by the 4B Board represents 10°/0 of the total project cost.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
The 4B Corporation has a long history of funding assistance to upgrade and/or maintain
buildings in the downtown core, generally not exceeding 10°/0 of the overall project costs.
This project would be a continuation of that program/commitment. Repairs to the parking
garage include concrete support tees, beams, curbs, and ramp structures. Modernization
of the elevators is necessary to improve reliability. The 4B Board did not choose to fund
repairs for the Oil & Gas Building's cooling towers, as it is otherwise eligible for the
corporation's downtown matching grant program.
3. BOARD REVIEW/CITIZEN INPUT
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 6.1
The 4B Board conducted a public hearing on August 7, 2025 regarding the request. No
one from the public spoke. The Board approved up to $104,100 for the project.
4. RECOMMENDATION
The 4B Board and City staff recommend approval as presented.
5. FUNDING SOURCE
4B funds; as of the Board's August 7, 2025 meeting, the corporation has approximately
$7.8M in available cash for new projects.
6. TIMELINE
June 24, 2025 — Meeting with Cody Magana to discuss potential funding request;
July 24, 2025 — Funding request from White Realty received (see attached);
August 7, 2025 — 4B Board conducts public hearing and approves request for the City
National Building;
August 19, 2025 —City Council to consider ratifying funding for the project.
The applicant indicates the project will commence this fall and should be completed within
12 months.
7. ALTERNATIVE OPTIONS
n/a
8. ATTACHMENTS
• Letter of request from applicant
• Resolution
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 6.1
WITITE REALTY
MANAGEMENT COMPANY
Gliverai Off .maize$aa
I-tani4ton Eluifdlog, Eighth Stxeel
Wr3dta Falls,TeXas 76301-£678
v.vt+utereattyrrianagero nt.0 m
PHONE 4O)723-1600 • FAX(GAO)723-4150
4B Sales Tax Corporation Board
Attir Mr Paul Menzies,Assistant City Manager
Re:413 Funding Request for Infrastructure Improvements
Mr.Menzies,
9n behalf of White Realty Management Co.,l respectfully submit this request for funding assistance through the 4B
Sales Tax.Corporation in support M a bundled infrastructure project totaling approxir i Ott.i:, 7,1.1 million.These
improvements focus on the City National Building and Oil&Gas Building Complex:ant: ti:tsir attached parking
garage—All long standing assets in the heart of Downtown Wichita Falls.The proi�LLr: ii1:LO preserve critical
infrastructure,support economic activity,and maintain safe,functional environments for workers,tenants,and the
public.
We are requesting 4B participation in line with past practice-approximately 10 of the total prn ire covet.or
$11.0,51.0.This investment will help advance the shared goal of strengthening downtown's core by i!rl,tiring
essential,well-used properties continue to serve the businesses,workers,and visitors who rely on 111t
This project includes:
Parking Garage Structural Repairs
Total Cost.estimate:$782,582.
The City National Building Parking Garage,constructed in 1464,provides daily access for over 250 downtown
employees.A recent structural assessment by Wiss,Janney,FlstnerAssociates,inc (WJ identified critical repair
needs affecting concrete support tees,beams,curbs,and ramp structures—all necessary to ensure continued safe
use.
WIE guided the competitive bidding process to help us Identify Western Specialty Contractors as the selected
contractor and will oversee their work throughout construction,The repairs will require temporary closure of the
garage,Fortunately,this will present a cost-saving opportunity to complete related upgrades at the same time(see
following 2 items,beelowl„
This protect is essential to maintaining downtown's accessibility and functionality.A sudden closure could displace
hundreds of vehicles into already constrained street parking,creating unnecessary congestion and discouraging
visitation to nearby businesses.Ensuring the continued availability of this garage directly supports commerce.
ronvonienre,and pishlir rrrnfidence in downtown infrastructure,
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PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 6.1
WHITE REALTY
MANAGEMENT COMPANY
General Offices,Suite 900
Hamilton Building,900 Eighth Street
Wichita Falls,Texas 76301-6878
www.wh iterealtymanageme nt,com
PHONE(940)723-1660 • FAX(940)723-4150
Elevator Modernization
Total Cost Estimate:$258,417
The two elevators serving the City National Building parking garage are aging and increasingly prone to reliability
issues due to outdated parts and diminishing serviceability.Aspen Elevator,a long-term contractor with deep
experience downtown,has agreed to complete the modernization while the garage is already shut down for
structural work.
Modernizing these systems now helps ensure consistent service for tenants and visitors while minimizing the risk
of unexpected outages or entrapments.This proactive approach allows us to preserve functionality,avoid reactive
shutdowns,and maintain the reliability that downtown workers and businesses depend on every day.
Cooling Tower Repair
Total Cost Estimate:$64,100
The structural supports beneath the cooling tower at the Oil&Gas Building are in poor condition and require
repair to prevent mechanical failure.Left unaddressed,the issue could compromise the building's ability to
maintain safe and consistent climate control for tenants.
We have engaged LRW Fabricators to complete the necessary steel support repairs,including the installation of
beam columns and galvanized support beams,with engineering provided by Shinpaugh Engineering.While this
repair is not optional,coordinating it during,the scheduled garage closure will reduce overall costs by allowing
contractors to stage equipment directly on-site instead of operating from offsite locations.
This approach helps minimize disruption and cost while addressing a critical need.
To summarize the full scope of this initiative,the table below outlines the estimated costs of each project.
Project Estimated Cost
Garage Repairs $782,582
Elevator Modernization $258,417
Cooling Tower Repair $64,100
Total $1,105,099
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PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 6.1
FIFE REALTY
MANAGEMENT COMPANY
General Offices,Suite 900
Hamilton Building,900 Eighth Street
Wichita Falls,Texas 76301-6878
www.whrterealtymanagernent.com
PHONE(940)723-1660 • FAX(940)723-4150
We are respectfully requesting a contribution of$110,510(approximately 10%of the total cost)through the 4B
Sales Tax Corporation. While we are committed to seeing these improvements through,4B support will
significantly strengthen our ability to complete all phases of the work efficiently and without delay.This assistance
enables a unified approach during the planned construction window,avoiding fragmented outcomes,phased
disruptions,or cost escalation tied to deferred work.
Together,these infrastructure upgrades represent a major reinvestment in the long-term success of Downtown
Wichita Falls.By reinforcing building systems that support hundreds of daily occupants and visitors—and that
collectively help define the function and character of our downtown core-this project package advances the goals
of public safety,business retention,civic pride,and sustainable growth.
We appreciate your consideration and would be glad to answer any questions you may have.
Sincerely,
Cody gang
Vice President
White Realty Management Co.
cody.magana@whitermco.com 1 (940)723-1660
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•
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 6.1
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Type B Sales Tax Corporation (4B) by amending the budget to
include funding in an amount not to exceed $104,100 to White Realty
Management Company to assist with renovations at the City National
Building at 807 8th Street downtown
WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and annually
review any financial statements of the corporation;" and,
WHEREAS, on August 7, 2025, the Wichita Falls Type B Sales Tax Corporation
approved the project listed below and as stated in its agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The Wichita Falls Type B Sales Tax Corporation's approval and funding of the
following programs and expenditures, in a total amount not to exceed $104,100 as
described below and in said corporation's agenda, is approved:
$104,100 to White Realty Management Company to assist with
renovations at the City National Building at 807 8th Street downtown.
2. The current fiscal year budget of the Type B Sales Tax Corporation is amended
to provide for the aforementioned expenditures and changes thereto.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 6.1
MINUTES OF THE
WICHITA FALLS 4B SALES TAX CORPORATION
FEBRUARY 6, 2025
PRESENT:
Tony Fidelie, President § WF4BSTC Members
Glenn Barham, Vice-President §
Nick Schreiber, Secretary-Treasurer §
Dave Clark §
Michael Grassi §
Steve Garner §
Tim Short, Mayor § Mayor& Council
Jeff Browning, Councilor, District 3 §
Mike Battaglino, Councilor, District 4 §
Tom Taylor, Councilor, District 5 §
Whitney Flack, Councilor, District 1 §
Austin Cobb, Councilor-at-Large §
Leo Lane, President § WFEDC Members
David Toogood, Vice President §
Brent Hillery §
Reno Gustafson §
Craig Lewis §
James McKechnie, Interim City Manager § City Administration
Paul Menzies, Assistant City Manager §
Blake Jurecek, Assistant City Manager §
Kinley Hegglund, City Attorney §
Marie Balthrop, City Clerk §
Stephen Calvert, CFO & Finance Director §
Terry Floyd, Dir. of Development Services §
Lindsay Lewis, Marketing &Communication Dir. §
Chris Horgen, Public Information Officer §
Paige Lessor, Legal Asst/Recording Secretary §
Ron Kitchens, CEO § Wichita Falls Chamber of Commerce
Dave Coleman § Hotter'n Hell Hundred
Absent:
Craig Reynolds WF4BSTC Member
1. CALL TO ORDER.
Mr. Tony Fidelie called the special joint meeting of the City Council and the WFEDC to
order at 2:00 p.m.
2. EXECUTIVE SESSION.
Mr. Fidelie adjourned the meeting into executive session at 2:02 p.m. pursuant to Texas
Government Code§§551.087 and 551.071. He announced the meeting back into regular session
at 3:54 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or
WF4BSTC MINUTES—SPECIAL JOINT MTG 02/06/2024
PAGE 1 OF 3
PAGE 1 of 3
AGENDA ITEM NO.7.a
further actions were taken on the items in executive session.
3. RECESS.
Mr. Fidelie asked if the public had any questions or comments. Since there were none, he
called for a short recess of the meeting at 3:55 p.m.
Mr. Fidelie called the regular monthly WF4BSTC Board Meeting back to order at 4:06 p.m.
4. Report of financial condition (current, past& planned budget& expenditures); and
other administrative actions.
Mr. Paul Menzies addressed the Board to provide a brief financial update. Mr. Menzies
noted that sales tax revenues remain inconsistent from month to month but are overall slightly
ahead of last year. Mr. Menzies further stated that the Board currently has approximately $5.9
million in unencumbered cash, taking into account recently approved projects and funds from
expired downtown projects that have been rolled back into the budget. Two "Restoring the Past"
projects were not completed and expired at the end of January.
5. Approval of Minutes of December 6, 2024.
Mr. Dave Clark moved to approve the minutes as submitted. Seconded by Mr. Nick
Schreiber,the motion carried 6-0.
6. Public hearing regarding a funding request by Hotter'n Hell Hundred (HHH) to
purchase a new start-line arch for use by HHH and other community events.
Mr. Fidelie opened the public hearing at 4:08 p.m.
Mr. Menzies introduced Mr. David Coleman, Chairman of the Hotter'n Hell Hundred,
explaining that David approached him before Christmas seeking community partners for a project.
Mr. Menzies saw it as a great opportunity for the Board to consider, benefiting both the event and
its promotion. The request is for $4,000, covering half the cost of an arch, and he then turned it
over to Mr. Coleman for further details.
Mr. Coleman presented a funding request to assist in purchasing a new start line arch for
the HHH event. He explained that while the race remains a significant event, with 7,400 riders
last year, costs have risen sharply since COVID-19. The price of ice, insurance, and tents has
doubled, increasing the financial burden on the organization. Despite these challenges, they are
hesitant to raise entry fees too much to avoid discouraging participation.
To help offset rising costs, Mr. Coleman emphasized the importance of securing more
community partners and identified the WF4BSTC as an ideal partner. He requested $4,000,which
would cover half the cost of a $8,000 start-line arch. The remaining funds would come from
Hotter'n Hell ($2,000) and Leadership Wichita Falls ($2,000).
The arch would be a long-term investment for the event and would first be used at THOR
on April 12th in Lucy Park, which typically attracts around 1,400 participants from across the
region. The arch would also serve as a promotional tool, featuring sponsor banners to showcase
community support.
Mr. Coleman concluded by inviting board members to ask questions and reiterated the
value of the arch in enhancing both the Hotter'n Hell Hundred and other local events.
WF4BSTC MINUTES-SPECIAL JOINT MTG 02/06/2024
PAGE 2 OF 3
PAGE 2 of 3
AGENDA ITEM NO.7.a
Mr. Clark asked for clarification about the arch's size and placement. Mr. Coleman
Coleman clarified that while the arch cannot be used for the main road ride start on Saturday
morning (as it would need to span the entire width of Scott Avenue), it will be placed at the Finish
Line Village and used at multiple events, including: Mountain bike race (Friday morning); Gravel
ride (Saturday evening, Wichita Falls Brewing Co.); Trail run (Sunday morning); Criterium races
(Friday& Sunday, depending on timing); THOR (April 12th in Lucy Park); and potential future use
in other community events.
Mr. Schreiber researched larger arch options and questioned if this would replace the
giant inflatable HHH arch at the main start line. Mr. Coleman confirmed that this is not a
replacement for the inflatable arch at the start of the road race, but rather an upgrade from the
smaller Endurance House inflatable arch, which blew over in the wind last year. Mr. Schreiber
mentioned a larger 35ft arch costing $11,000, but Mr. Coleman explained that a larger structure
would be difficult to transport and store and is impractical for smaller events. The preferred arch
weighs approximately 590 lbs and is manageable for two people to set up in about 30 minutes.
The total cost of the arch is$8,000,with funding split as follows: $2,000 from Hotter'n Hell,
$2,000 from Leadership Wichita Falls, and $4,000 requested from the WF4BSTC Board. Mr.
Schreiber emphasized that HHH is a major Wichita Falls event, and he would support a larger
arch if storage and use were feasible.However, he ultimately supported the HHH's chosen option.
Mr. Steve Garner and Mr. Glenn Barham raised concerns about anchoring the arch to
withstand the wind and prevent it from blowing over like the previous inflatable arch. Mr. Coleman
stated that the pillar base is wide, and they will work with the manufacturer to ensure stability.
Concrete block anchors may also be an option. Mr. Barham suggested using vented banners to
reduce wind resistance.
Mr. Fidelie closed the public hearing at 4:51 p.m.
7. Executive Sessions
Mr. Fidelie adjourned the meeting into an executive session at 4:20 p.m. pursuant to Texas
Government Code § § § 551.087, 551.072, and 551.071. He announced the meeting back into
regular session at 4:51 p.m. The subjects posted in the Notice of Meeting were deliberated, and
no votes or further actions were taken on the items in executive session.
8. Consideration of a funding request by Hotter'n Hell Hundred (HHH) to purchase a
new start-line arch for use by HHH and other community events.
Mr. Fidelie moved to authorize funding in the amount of up to $4,000 to assist the Wichita
Falls Bicycling Club with the purchase of a new start-line arch for use during the HHH and other
community events. Seconded by Mr. Garner,with no further comments orguestions,the motion,
carried 6-0.
9. Adjourn.
Mr. Fidelie asked if the public had any questions or comments. Since there were none, he
adjourned the meeting at 4:52 p.m.
Gu "T " Fidelie, President
WF4BSTC MINUTES-SPECIAL JOINT MTG 02/06/2024
PAGE 3 OF 3
PAGE 3 of 3
AGENDA ITEM NO.7.a
MINUTES OF THE
WICHITA FALLS 4B SALES TAX CORPORATION (WF4BSTC)
JUNE 5, 2025
PRESENT:
Tony Fidelie, President § WF4BSTC Members
Glenn Barham, Vice-President §
Nick Schreiber, Secretary-Treasurer §
Dave Clark §
Craig Reynolds §
Michael Grassi §
Steve Garner §
Tom Taylor, Councilor, District 5 § Mayor& City Council
Paul Menzies, Assistant City Manager § City Staff
Blake Jurecek, Assistant City Manager §
R. Kinley Hegglund, Jr., City Attorney §
Stephen Calvert, CFO & Finance Director §
Russell Schreiber, Public Works Director §
Kalee Robinson, Parks & Rec Director §
Scott McGee, Recreation Coordinator §
Paige Lessor, Executive Legal Assistant §
Kathryn Hager, Board Member § Holy Family Classical Academy
Dick Bundy, CEO § BYSP Architects
Tina Hanson, Senior Project Manager § Garver
Jonathan Langford, Marketing Team Leader §
Michael Turner, Director § Falls Town Courts
Ron Kitchens, CEO § Chamber of Commerce
Anthony Inman, Owner § Anthony Inman Construction, Inc.
Lynn Walker, Writer § Times Record News
Absent:
1. Call to Order.
Mr. Tony Fidelie called the meeting to order at 3:06 p.m.
2. Report of financial condition (current, past &planned budget &expenditures); and
other administrative actions.
Mr. Paul Menzies addressed the Board to give the financial report. Mr. Menzies noted
that sales tax revenue for the current month is expected next week and is trending flat overall for
the year, with a slight increase. The available fund balance is approximately $6.5 million,
excluding an anticipated $350,000 in additional sales tax revenue for the current month. This
figure does include an upcoming interest payment. Since the last meeting, payment was issued
for the Hotter'n'Hell Hundred Start/Finish Line Arch project, first and second payments were
made to the YMCA for the Aquatic Center commitment, and a payment was made to the City for
the second turf project.
WF4BSTC Minutes Page 1 of 7
6/5/2025
PAGE 1 of 7
AGENDA ITEM NO. 7.b
Mr. Nick Schreiber inquired about the Hotel by the Falls project, noting that the original
funding approval was "up to $381,000," but final expenditures have slightly exceeded that
amount. Mr. Menzies responded that the overage was likely due to legal or surveying expenses
and would be balanced during the year-end budget discussion. There were no further questions
or comments.
3. Consent Agenda
a) Approval of Minutes of February 6, 2025.
Mr. Dave Clark moved to approve the minutes as presented. Seconded by Mr.
Michael Grassi, the motion carried 7-0.
4. Public hearing regarding a funding request by Holy Family Classical Academy
to assist in renovating the athletic/recreation facilities at 2201 Speedway Avenue in
Wichita Falls as part of the larger renovation of the former Fain Presbyterian Church
to a school.
Mr. Fidelie opened the public hearing at 3:09 p.m.
Mr. Menzies introduced the request, noting the academy is seeking funding to cover
approximately 10% of the overall renovation costs. If approved, this would effectively fund
most of the costs associated with renovating the gymnasium facility. Mr. Clark inquired
whether previously known foundation issues at the site had been addressed. Mr. Menzies
confirmed that those concerns would be part of the discussion.
Ms. Kathryn Hager, representing the Holy Family Classical Academy Board of
Directors, presented the academy's background and vision. She shared that Holy Family
was established in the summer of 2021, following the closure of Notre Dame Catholic
School. A committed group of families and community members founded the academy with
a unified goal: to preserve Catholic education in Wichita Falls. The school currently serves
students from pre-kindergarten through eighth grade. It offers a classical curriculum
grounded in beauty, goodness, truth, and a love of learning, with a strong emphasis on moral
formation and deep thinking. Ms. Hager highlighted the longstanding presence of Catholic
education in the community, noting its 120-year legacy in Wichita Falls.
Presently, the academy operates out of the religious education rooms at Sacred
Heart Catholic Church—a space always intended to be temporary. As enrollment continues
to grow, so does the necessity for a permanent facility. Ms. Hager explained that the
academy's board and building committee were deeply impressed by the historic Fain
building during a tour, recognizing its architectural beauty and potential. She expressed Holy
Family's board's belief that the building could be transformed into a permanent and inspiring
home for the academy, one that aligns with their mission and could serve as an educational
beacon for the community. She then introduced architect Dick Bundy to discuss the
architectural plans in greater detail.
Mr. Bundy provided a detailed overview of the existing conditions and proposed
renovations for the former Fain Presbyterian Church, which is proposed to become the
permanent home of Holy Family Classical Academy. He began by noting that although the
building has long been known to have some structural issues, they are not as severe as in
other preservation projects he has worked on, such as the steel-framed Holt Hotel. He
emphasized that the Fain building, originally constructed in 1950 and expanded in 1955, is
an iconic and architecturally significant structure, designed by prominent architects who also
worked on landmark projects in Dallas. The building includes a beautiful Gothic sanctuary,
a two-story wing, and a three-story addition with a basement.
He presented various photographs and described the site layout, including areas to
WF4BSTC Minutes Page 2 of 7
6/52025
PAGE 2 of 7
AGENDA ITEM NO.7.b
be used for classrooms, playgrounds, and key structural elements such as the sanctuary
and gym. Notably, the project includes plans to replace modern single-pane windows with
historically appropriate glass, remove a non-original portico, and construct two elevators and
fire stairs to bring the facility up to accessibility standards. Bundy also described how various
parts of the building would serve specific functions: the south wing for younger students, the
west wing for the cafeteria and administrative offices, and the basement gym with ample
natural light. The sanctuary will serve as a chapel and could double as an auditorium, seating
around 450 people.
Ms. Hager added that the school is entering its fifth year, with growing enrollment
projected to reach 70 students in the 2025-2026 school year and a balanced budget aimed
at supporting up to 90 students. If the renovation project proceeds, they plan to occupy the
facility in the 2026-2027 school year. Their strategy is to begin debt-free, relying on
fundraising through endowments, grants, and scholarships. She presented a funding
request of $560,000 from the WF4BSTC—roughly 10% of the total renovation cost—
specifically for athletic and recreational improvements, which comprise about 25% of the
usable space when including outdoor areas.
Mr. Bundy closed by outlining the three renovation phases: (1) interior renovations
and asbestos abatement, including accessibility improvements like elevators; (2) site and
playground upgrades; and (3) restoration and stabilization of the sanctuary. The total
estimated cost is $5.6 million. He also presented a traffic circulation plan to improve drop-off
and pickup flow and detailed floor plans for each level, with corresponding elevator access
and facilities for students of varying ages. Both Mr. Bundy and Ms. Hager asked if there were
any questions.
Mr. Clark inquired about school security measures. Mr. Bundy confirmed that the
main entrance is designed with controlled access through administrative offices, which is
consistent with modern school security standards. Mr. Garner inquired about enrollment
projections and long-term plans. Ms. Hager stated the school will remain a Pre-K through
8th-grade operation, separate from the newly established Chesterton Academy Catholic
high school. She explained that the new facility will provide dedicated classrooms for each
grade, allowing for 15 students per class, and will support continued growth as current
facilities near capacity. Mr. Garner also addressed staffing plans. Ms. Hager noted that as
enrollment has increased, the school has been able to hire more staff within its budget.
Mr. Nick Schreiber expressed concern about allocating tax dollars—estimated at
approximately $6,300 per student—for a project that would primarily serve a limited number
of students at a private Catholic school, questioning the broader economic benefit to the city.
Ms. Hager emphasized that the funding would be used strictly for athletic and recreational
purposes, not for religious or academic components.
Mr. Kinley Hegglund confirmed that under Texas Local Government Code 505.152,
4B funds can legally be used for children's sports facilities and public park space. He noted
that oversight could ensure the funds are used specifically for the playground and
gymnasium. Mr. Fidelie noted that this funding would be similar to the funding given to the
YMCA, a membership-based organization, for their aquatics facility. Ms. Hager and Mr.
Bundy also clarified that the playground would be open to the surrounding neighborhood,
though the gymnasium would remain for school use. Ms. Hager added that the gym would
support inter-school sports events, providing some community engagement.
Mr. Nick Schreiber questioned whether similar support had been given to other
private schools, to which the response was no, at least not in recent memory. Mr. Nick
Schreiber then discussed the question of whether the Board would support a funding request
from WFISD for athletic facilities. Mr. Fidelie noted that the Board entertained funding for
Memorial Stadium upgrades, but he could not remember what the Board ultimately decided.
WF4BSTC Minutes Page 3 of 7
6/5/2025
PAGE 3 of 7
AGENDA ITEM NO. 7.b
Mr. Hegglund addressed the question from a legal standpoint, explaining that it would be
legally permissible if the Board chose to fund such a project.
Mr. Fidelie asked if there were any more questions or public comments. None being
made, Mr. Fidelie explained the process of the executive session and the vote to Ms. Hager
and Mr. Bundy, and explained that if they did not want to stay for the entire meeting, Mr.
Menzies would email the organizations to let them know of the Board's decisions. He then
closed the public hearing at 3:35 p.m.
5. Public hearing regarding a funding request by the City of Wichita Falls to study
and provide options to improve the waterfalls adjacent to 1-44 and the Wichita River
in Wichita Falls, otherwise known as The Falls.
Mr. Fidelie opened the public hearing at 3:35 p.m.
Mr. Russell Schreiber addressed the Board and explained the desire to enhance both
the operational reliability and water quality of The Falls, which has been a city landmark
since the early 1980s. After an initial unsuccessful attempt to work with a swimming pool
company, the City issued an RFQ and received proposals from two engineering firms. Mr.
Russell Schreiber and the new Parks Director, Ms. Kalee Robinson, selected Garver
Engineers to proceed with a formal evaluation.
Ms. Tina Hanson with Garver presented the proposed scope of work, including a
detailed assessment of the existing conditions—structural, electrical, and mechanical
components—and options to improve water clarity, maintenance access, lighting, and trail
connectivity. The first phase involves a comprehensive assessment of existing conditions,
including the surrounding landscape, hardscape, lighting, rock structures, pumping
equipment, and electrical systems. She noted visible deterioration, such as the separation
of rock from adjacent sidewalks, and emphasized the need for a structural and systems
analysis to understand the site's current condition fully.
Following this assessment, Garver would develop a "menu of alternatives" outlining
a range of improvement options. This approach would give the City flexibility to determine
the desired level of investment and whether to implement improvements all at once or in
phases. The most basic alternative would involve repairing or replacing existing
infrastructure and addressing any identified structural, electrical, or piping issues.
Ms. Hanson also introduced three potential strategies to improve the clarity and
aesthetics of the water flowing through the falls. One option would involve recirculating
clearer river water after rain events. A second alternative proposes supplementing the
system with potable water sourced from a nearby fire hydrant, requiring treatment to prevent
environmental contamination. A third option under consideration is the possible use of
groundwater, contingent on a high-level feasibility analysis to determine availability and
viability.
Maintenance access is another key focus. The team would evaluate the load capacity
of the existing pedestrian bridge to determine if it can support heavy equipment, or if shoring
or replacement is necessary. Additional alternatives include constructing a new bridge or
trail from the north side of the river, where the City recently acquired property, and potentially
utilizing cranes from the cemetery area. However, this could incur high ongoing costs. They
will also study options to widen the existing trail or create a turnaround near the Public Works
sanitation yard to allow for easier vehicle access and equipment movement.
To enhance visitor experience, the proposal includes evaluating two potential parking
areas: one on the north side of the river near the recently acquired property, and another on
the east side near the Riverside Cemetery, where some regrading and retaining wall
construction might be needed. Ms. Hanson concluded by noting other possible site
WF4BSTC Minutes Page 4 of 7
6/5/2025
PAGE 4 of 7
AGENDA ITEM NO. 7.b
enhancements, such as installing high-efficiency lighting for both security and aesthetics.
The project timeline includes presenting the full range of alternatives and associated costs
to the Board by October, followed by conceptual design work for the selected improvements
to be completed by early January. The total proposed fee for this scope of work is $129,580.
Mr. Barham asked whether the final report would include reliable construction cost
estimates. Ms. Hanson confirmed that the October report would include such figures to guide
investment decisions. Mr. Barham also inquired about the structural capacity of the
pedestrian bridge, and Mr. Russell Schreiber clarified that while the bridge had been
reinforced to allow certain lighter City vehicles, it was not strong enough for heavy
equipment. This limitation led to a discussion about possibly relocating the pump station and
intake to the more accessible side of the river.
Multiple Board members, including Mr. Reynolds and Mr. Garner, asked about water
source options and recirculation systems. Ms. Hanson explained that alternatives would
include a closed-loop recirculating system and options to use potable water or groundwater,
with costs identified for each to aid in decision-making. Mr. Nick Schreiber discussed the
issue of muddy or silt-laden river water disrupting operations, prompting discussion on
combining water sources to maintain clearer water. Mr. Russell Schreiber noted that even a
recirculation system could be overwhelmed during flooding events, which typically occur
every 3-5 years. Ms. Hanson confirmed that operational and maintenance concerns, such
as algae control, would be considered, and that phased options may allow the upper pools
to function during flooding of the lower ones.
The conversation then turned to cost expectations and project timelines. Tina Hanson
estimated that the most basic rehab option might cost around $5 million, excluding major
structural work. Board members, including Mr. Fidelie, asked whether the investment of
$130,000 in the study was justifiable if overall project costs proved too high. Ms. Hanson
emphasized the flexibility of phased approaches. Mr. Fidelie also confirmed that a
conceptual design would follow the October presentation of alternatives, with potential
construction beginning in 2026. Mr. Russell Schreiber added that a full design contract and
construction bidding would follow Board approval.
Funding sources were also questioned, with Mr. Nick Schreiber asking whether the
full project cost would fall to the 4B Board or include other funding streams. Mr. Barham
noted that those discussions had not yet taken place. Mr. Grassi raised the idea of using
effluent water. Mr. Russell Schreiber pointed out that effluent water had been previously
studied but deemed unreliable and insufficient in volume. The Board also discussed potential
access and parking options, particularly the value of recently acquired City property across
the river, which could be used to construct a hike-and-bike pedestrian bridge. Mr. Garner
strongly advocated for this idea, noting its benefit for base personnel and general
connectivity. Ms. Hanson supported this as a valuable multi-purpose improvement.
Clarification was requested on property lines near the old hotel site. Mr. Menzies
explained that the City only owns the floodway portion, not the structure site, and that
construction in the floodway is heavily restricted. Mr. Nick Schreiber asked about the
longevity of the study's usefulness. Ms. Hanson noted that while findings would remain valid,
cost estimates would need to be escalated over time due to inflation.
Finally, Mr. Garner asked whether Board members could attend the in-person
workshop scheduled as part of the draft alternatives evaluation. Mr. Russell Schreiber
welcomed Board participation and indicated the contract could be amended to add additional
meetings. Mr. Fidelie noted the Board could form a subcommittee or post a meeting to allow
member attendance.
After no further discussion, Mr. Fidelie closed item number five at 4:01 p.m.
WF4BSTC Minutes Page 5 of 7
6/5/2025
PAGE 5 of 7
AGENDA ITEM NO. 7.b
6. Presentation by the City of Wichita Falls related to a potential future funding
request to assist in the renovation of the tennis facility at Hamilton Park.
Mr. Blake Jurecek introduced a presentation on a potential future funding request
related to renovations at the Hamilton Park Tennis Center. While not a formal funding
request at this time, the City and Falls Town Tennis provided a detailed overview to gauge
the Board's interest. Mr. Jurecek noted that Wichita Falls was once a major hub for tennis in
North Texas, previously hosting major tournaments across several facilities, including
Hamilton Park, Weeks Park, and the local country club. Due to changing trends and the
growth of pickleball, facilities have decreased from three full tennis locations to
approximately one and a half. Mr. Jurecek introduced Kalee Robinson, the City's new Parks
and Recreation Director, and Mr. Michael Turner, Director of Falls Town Tennis.
Mr. Turner provided the main presentation to the Board. Mr. Turner detailed the
dramatic increase in programming and participation since his organization began managing
the center in 2023, including a 600% rise in daily use, expanded staffing, and increased
community engagement. Mr. Turner outlined the following proposed improvements:
• New, larger pro shop with better layout and aesthetic appeal.
• Improved and ADA-accessible entry plaza and drive-up/drop-off area.
• Additional restrooms to accommodate increased programming and meet
tournament requirements.
• Construction of two new outdoor courts and coverage of four existing courts
to create an indoor play space.
• Enhanced amenities including a viewing patio, garage doors for ventilation,
heating and cooling systems, and better spectator accommodations.
Mr. Turner highlighted the potential economic impact of hosting regional and national
tournaments, estimating up to $2.5 million annually, enabled by the improved facility:
• USTA Junior and Adult Tournaments (six 2-day events per year, estimated at
$64,000 each in economic impact).
• UIL and TAPPS tournaments, potentially attracting 80 teams and generating
over $100,000 per event.
• Texas Slam and Universal Tennis Rating (UTR) tournaments, previously
hosted in Wichita Falls, could return.
• MSU tennis partnerships, including practices and NCAA-hosted indoor
tournaments.
• Return on investment figures based on the City's Parks and Recreation
economic impact calculator.
• Mr. Turner emphasized Wichita Falls' appeal due to its proximity of courts,
hotel infrastructure, and central location,which makes it ideal for tournaments.
The project is estimated to cost approximately $5.5 million, and potential funding
sources include USTA grants, private donations, and possibly support from the sales tax
corporation. The City plans to apply for grants in the summer and revisit the proposal with
the Board later in the year or early next year, based on fundraising progress. The
presentation concluded with an invitation for questions and a brief discussion about possible
enhancements like a fitness center and stadium viewing areas. A planned flyover video could
not be shown due to technical issues, but materials would be emailed to the Board.
Mr. Reynolds suggested planning space for a future city-run fitness center and a
center court with spectator seating. Mr. Turner explained that the current design includes a
partially enclosed patio with garage doors on both ends for airflow and viewing of the main
indoor court, offering a stadium-like feel. He also confirmed that the courts that already exist
will be covered, while the two new courts will be added at the south end of the site.
WF4BSTC Minutes Page 6 of 7
6/5/2025 PAGE 6 of 7
AGENDA ITEM NO.7.b
Clarifying further financial points, Mr. Garner confirmed the figures referenced were
economic impact estimates, not direct income to the City or organization. Mr. Jurecek
concluded by outlining the project's funding strategy, which includes applying for USDA
grants estimated at$250,000—$300,000, pursuing private donations, and potentially seeking
support from the sales tax corporation. The City plans to revisit the project's status at the
end of the year or early next year based on fundraising progress. Mr. Fidelie concluded the
item with an invitation for any final questions or public comments.
7. Executive Session.
Mr. Fidelie adjourned the meeting into executive session at 4:25 p.m. pursuant to Texas
Government Code sections 551.087, 551.071, and 551.072. He announced the meeting back
into regular session at 5:42 p.m. The subjects posted in the Notice of Meeting were deliberated,
and no votes or further action were taken on these items in executive session.
8. Consideration of a funding request by Holy Family Classical Academy to assist in
renovating the athletic/recreation facilities at 2201 Speedway Avenue in Wichita Falls as
part of the larger renovation of the former Fain Presbyterian Church to a school.
Before the motion, Mr. Fidelie noted for the record that his wife serves on the board of
directors at Holy Family Classical Academy. He asked the City Attorney if he needed to disclose
that as a conflict, and the City Attorney indicated that he did not. Mr. Hegglund clarified for the
record that Mr. Fidelie does not have a legal conflict of interest in the issue before the WF4BSTC
Board, and he has every ability to vote on this issue. Mr. Fidelie then noted that he has been
informed that he has no legal right to abstain. Mr. Hegglund confirmed that Mr. Fidelie has no
legal right to abstain.
Mr. Clark moved to authorize funding to assist Holy Family Classical Academy with the
renovation of the athletic/recreation facilities at 2201 Speedway Avenue in the amount of
$560,000 as a reimbursement payment once the project is complete within three years and a CO
has been issued. Seconded by Mr. Garner, and no further comments or questions, the motion
carried 5-2, with Mr. Reynolds and Mr. Nick Schreiber voting in the negative.
9. Consideration of a funding request by the City of Wichita Falls to study and provide
options to improve the waterfalls adjacent to 1-44 and the Wichita River in Wichita Falls,
otherwise known as The Falls.
Mr. Fidelie moved to approve funding for the City's funding request to study and provide
options to improve The Falls in the amount of$129,508. Seconded by Mr. Barham and with no
comments or discussion made by the public, the motion carried 6-1, with Mr. Grassi voting in the
negative.
10. Adjourn.
No further discussions took place, nor actions taken. Mr. Fidelie adjourned the meeting
at 5:46 p.m.
6L ce)A6Y\
President
Wichita Falls 4B Sales Tax Corporation
WF4BSTC Minutes Page 7 of 7
6/5/2025
PAGE 7 of 7
AGENDA ITEM NO.7.b
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Transmittal Letter
Agenda Item Number: 8.A
Agenda Title: Ordinance removing Chapter 94, Section 7 — Camping and replacing such
section with Chapter 94, Section 7 — Prohibited Acts in Public Areas as provided herein,
setting an effective date, and providing codification.
Council Action to be Taken: Approval of the ordinance to amend Chapter 94, Section
34 of the Code of Ordinances.
Department Submitted: City Manager's Office
Staff Contact: James A. McKechnie, Deputy City Manager
1. PURPOSE / DESCRIPTION
This ordinance adds and updates provisions in Chapter 94 of the Code of Ordinances to
address prohibited conduct in public areas.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
This ordinance adds and updates provisions in Chapter 94 of the Code of Ordinances to
address prohibited conduct in public areas. The revisions are aimed at protecting the
health, safety, accessibility, and overall quality of life for residents, visitors, and
businesses in the City of Wichita Falls, while providing clear expectations and humane
enforcement standards. These updates preserve public spaces for safe and accessible
use for citizens of Wichita Falls.
3. BOARD REVIEW/CITIZEN INPUT
N/A
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 8.A
4. RECOMMENDATION
Approval of this ordinance to amend Chapter 94, Section 7 of the Code of Ordinances.
5. FUNDING SOURCE
No funding allocations are necessary with the creation of the Committee.
6. TIMELINE
30 days after approval.
7. ALTERNATIVE OPTIONS
N/A
8. ATTACHMENTS
• Ordinance
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 8.A
Ordinance No.
Ordinance removing Chapter 94, Section 7 — Camping and replacing
such section with Chapter 94, Section 7 — Prohibited Acts in Public
Areas as provided herein, setting an effective date, and providing
codification.
WHEREAS, the City Council finds it necessary to establish clear regulations for
the use of public areas in order to preserve public health, safety, and the general welfare
of its residents and visitors; and
WHEREAS, the City has a compelling interest in maintaining the accessibility,
cleanliness, and safe use of its public rights-of-way, sidewalks, and parks for pedestrians,
individuals with disabilities, and the general public; and
WHEREAS, the City Council recognizes the importance of balancing the needs of
unhoused individuals with the right of the public to safely and fully use public spaces; and
WHEREAS, the presence of unauthorized camping, sleeping, and the storage of
personal belongings in public areas can result in public health concerns, obstruct
pedestrian pathways, and create hazardous conditions for both the unhoused and the
general public; AND
WHEREAS, these provisions include carefully considered exceptions and
affirmative defenses to ensure that the ordinance is applied fairly, equitably, and in
compliance with constitutional and statutory protections, including the Americans with
Disabilities Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Chapter 94, Section 7 - Camping is deleted in its entirety, replaced with the
following, and shall read as follows:
Chapter 94, Section 7. Prohibited Acts in Public Areas
Section 94-7.1. Camping in Public Area Prohibited
(A) Definitions.
(1) Public Area. An outdoor area accessible to the public, including a street,
highway, park, parking lot, alleyway, pedestrian way, and the common areas of a
school, hospital, apartment building, office building, transport facility, or business.
(2) Camp. The use of a public area for living accommodation purposes,
including:
(a) storing personal belongings for an extended period of time;
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 8.A
(b) making a campfire;
(c) using a tent or shelter, or other structure for a living accommodation;
(d) carrying on cooking activities; or
(e) digging or earth-breaking activities.
(3) Homeless Shelter. A supervised, publicly or privately operated facility that
is designed to provide temporary living accommodations for individuals who lack a
fixed, regular, and adequate residence while providing them with social services
and other assistance to find a home.
(B) Except as provided in Subsection (D), a person commits an offense if the person
camps in a public area that is not designated as a camping area by the City of Wichita
Falls.
(C) A law enforcement officer will, before citing a person for a violation of this section,
make a reasonable effort to advise the person, to the best of the law enforcement officer's
knowledge, of available shelter or housing.
(D) A person is materially endangering the health or safety of another person or of
themselves, or is rendering impassable or impeding the reasonable use of a public area,
making usage of such area unreasonably inconvenient or hazardous, if the person is
camping on a sidewalk or other city-owned, maintained property.
(E) A person is camping if the person engages in any of the activities listed in
Subsection (A)(2) if it reasonably appears, based on the totality of the circumstances, that
the person conducting the activity is using a public area for living accommodation
purposes, regardless of the person's intent or engagement in other activities.
(F) This section does not apply to permitted camping or cooking in a park in
compliance with park regulations.
Section 94-7.2. Sitting or Lying Down on Public Sidewalks or Sleeping Outdoors
Prohibited
(A) Definitions.
(1) Disability. Having a physical or mental impairment that substantially limits
one or more major life activities.
(2) Physical Or Mental Impairment. Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive, digestive; genitourinary;
hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental illness,
and specific learning disabilities.
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 8.A
(3) Major Life Activities. Functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, learning, breathing, and
working.
(B) The council finds that the City has a compelling interest in:
(1) encouraging and preserving vital, pedestrian-friendly areas as defined in
Section D;
(2) assuring that the areas defined in Section D remain accessible to individuals
with disabilities and compliant with the provisions of the Americans with Disabilities
Act;
(3) promoting tourism and businesses;
(4) preserving the quality of urban life and in protecting its citizens from
intimidating behavior; and
(5) encouraging businesses and neighborhoods in the city where walking is a
realistic alternative to vehicles that use fossil fuels.
(C) The council finds that in areas with high pedestrian traffic and a high incidence of
petty crime related to public disorder, individuals sitting or lying in the pedestrian right-of-
way or easement:
(1) contribute to a sense of fear, intimidation, and disorder;
(2) are disruptive to residents, businesses, and customers;
(3) discourage, block, or inhibit the free passage of pedestrians; and
(4) contribute to the loss of access to and enjoyment of public places.
(D) This Section applies to the following right-of-way or easement areas:
(1) public parks and recreational facilities;
(2) Hike and Bike Trail;
(3) Central Business District;
(4) high-pedestrian-traffic zones; or
(5) within 500 feet of school zones and childcare facilities.
(E) A person commits an offense if, after having been notified by a law enforcement
officer that the conduct violates this section:
(1) the person is asleep outdoors; or
(2) the person sits or lies down in the right-of-way or easement between the
roadway and the abutting property line or structure, or an object placed in that
area.
(F) This section does not apply to a person who:
(1) sits or lies down because of a medical emergency;
(2) operates or patronizes a commercial establishment that conducts business
on the sidewalk pursuant to Section B-5980, Article 5900, Appendix B - Zoning of
the Code;
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 8.A
(3) participates in or views a parade, festival, performance, rally,
demonstration, or similar event;
(4) sits on a bench that is supplied by a public agency;
(5) sits within a bus stop zone while waiting for public or private transportation;
or
(6) is waiting in a line for goods, services, or a public event.
(G) It is an affirmative defense to prosecution for a violation of Subsection (E)for sitting
or lying if a person is sitting or lying and is obstructing the right-of-way, or easement, but
is seated or lying down as the result of a physical manifestation of a disability.
(H) A culpable mental state is not required, and need not be proven, for an offense
under this section.
94-7.3. Urinating or Defecating in Public Prohibited.
(A) A person commits an offense if the person urinates or defecates:
(1) in or on a public street, alley, sidewalk, yard, park, building, structure, plaza,
or utility right-of-way or other public place; or
(2) in public view.
(B) It is an affirmative defense to prosecution under this section if the person is in a
restroom.
This ordinance modifying Chapter 94, Section 7, shall go into effect on October 2,
2025.
PASSED AND APPROVED this the 19 day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 8.A
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Transmittal Letter
Agenda Item Number: 9.A
Agenda Title: Resolution to Establish Composition and Objectives of the City-County
Homeless Advisory Committee.
Council Action to be Taken: Approval of the resolution to create the committee.
Department Submitted: City Manager's Office
Staff Contact: James A. McKechnie, Deputy City Manager
1. PURPOSE / DESCRIPTION
This action will establish the makeup of the seven-member ad hoc committee referred to
as a City-County Homeless Advisory Committee. This Committee shall analyze the issue
and present goals to both the City Council and the Wichita County Commissioners' Court.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
Over the past several years, the City of Wichita Falls has seen a noticeable increase in
its homeless population—a trend reflected in communities across the nation. In response,
the City Council previously heard from Dr. Louis Wilson, a local physician and concerned
citizen, and Mr. Steve Sparks, Executive Director of Wichita Falls Faith Mission. Together
with other engaged community members, they developed an initial action plan informed
by research into the root causes and challenges of homelessness within Wichita Falls.
Building on that foundation, this resolution recognizes the complexity of homelessness
and underscores the need for coordinated efforts among local governments, nonprofit
organizations, law enforcement, public health agencies, and the broader community. It
establishes a Homelessness Advisory Committee made up of seven representatives from
both city and county leadership, the mental health sector, and the public. Supported by
local healthcare and public safety entities, the Committee will spend the next 18 months
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 9.A
identifying service gaps, recommending strategies for improved coordination, exploring
best practices from other jurisdictions, promoting public education, advising on policy and
funding opportunities, and guiding the allocation of resources to better serve unhoused
individuals across Wichita Falls and Wichita County.
3. BOARD REVIEW/CITIZEN INPUT
4. RECOMMENDATION
Approval of this resolution to form the Committee.
5. FUNDING SOURCE
No funding allocations are necessary with the creation of the Committee.
6. TIMELINE
The Committee shall meet monthly over an 18-month period to determine improvements
necessary. Council and the Commissioner's Court may extend this timeline.
7. ALTERNATIVE OPTIONS
Neglecting to evaluate and implement improvements to homelessness strategies could
contribute to a continued rise in the unhoused population.
8. ATTACHMENTS
• Resolution
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 9.A
RESOLUTION NO.
Resolution to Establish Composition and Objectives of the City-
County Homeless Advisory Committee
WHEREAS, cities in Texas are increasingly called upon to address complex social
challenges that impact the health, safety, and general welfare of their communities,
including the growing crisis of homelessness; and
WHEREAS, homelessness presents multifaceted challenges that require
collaboration between local governments, nonprofit service providers, law enforcement,
public health entities, and members of the general public; and
WHEREAS, the formation of a dedicated advisory body to evaluate gaps in
services and recommend strategies for addressing homelessness is in the best interest
of the County and its residents; and
WHEREAS, the City Council recognizes the importance of partnering with the
County and community organizations to improve coordination, efficiency, and outcomes
in efforts to address homelessness in the City of Wichita Falls; and
WHEREAS, the Homeless Advisory Committee will review the various issues
related to homelessness and make recommendations thereon to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Homeless Advisory Committee ("Committee") should be composed of seven
(7) representatives, including the following persons, to be appointed by City Council:
• Councilor Austin Cobb, At-Large City Council Member
• Jeffery Jenkins, City Manager
• Andy Martin, Mental Health Professional
• Dr. Louis Wilson, a resident of the City of Wichita Falls
The County shall appoint three members to complete the seven-member board.
The Committee will be assisted on an as-needed basis by at least the following
staff members and assisting personnel:
• Representative of the City's City Manager's Office
• Representative of the City's Department of Parks and Recreation
• Representative of the City Attorney's Office
• Representative of the City's Department of Development Services
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 9.A
The Committee shall be charged to perform the following action plan within a
period of 18 months:
a) Identifying gaps in services, housing, and resources available to unhoused
individuals.
b) Recommending actionable strategies to improve coordination among
service providers, nonprofit partners, law enforcement, and public health
agencies.
c) Exploring best practices from other jurisdictions and proposing solutions
tailored to the City's needs.
d) Supporting community education and outreach to promote public
understanding and engagement.
e) Advising on policy or ordinance changes, grant opportunities, and resource
allocations that align with the City and County's goals for reducing
homelessness.
f) Identifying and recommending potential sources of funding to support
proposed initiatives.
PASSED AND APPROVED this the 19 day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 9.A
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Transmittal Letter
Agenda Item Number: 9.B
Agenda Title: Public Hearing on the Fiscal Year 2026 Proposed Operating Budget and
Resolution Setting a Date for Adoption of the FY 2026 Budget
Council Action to be Taken: Open the public hearing to receive comments on the
proposed FY 2026 budget. Resolution Setting a Date for Adoption of the FY 2026 Budget
as September 2, 2025.
Department Submitted: Finance
Staff Contact: Stephen Calvert, Chief Finance Officer/Director of Finance
1. PURPOSE / DESCRIPTION
This Public Hearing is an opportunity for the Council to receive feedback from the public
on the proposed FY 2026 Operating Budget, which runs from October 1 , 2025, through
September 30, 2026.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
The Proposed Budget totals about $252.7 million, which is a 4.42% increase over the FY
2025 Adopted Budget. The General Fund makes up around 44°/0 of the total budget, with
proposed expenditures of $113.5 million. The proposed property tax rate is $0.6825 per
$100 valuation, which remains below the Voter Approval Rate and below last year's rate
of $0.6848.
The full proposed budget is available online at
https://www.wichitafallstx.gov/2669/Annual-Budgets.
3. BOARD REVIEW/CITIZEN INPUT
A Council work session to review the proposed budget was held on August 12, 2025.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 9.B
4. RECOMMENDATION
Staff recommends the City Council open the public hearing to receive comments. No
action is required on the public hearing. The City Council approve setting the adoption
date for the FY 2026 budget as September 2, 2025.
5. FUNDING SOURCE
6. TIMELINE
• March 2025 — Fiscal Year 2026 budget process initiated by City staff;
• May 2025 — Department Directors finalize budget requests; City Manager
conducts individual budget meetings with Directors;
• June 17, 2025 — FY 2025 budget workshop: City staff presents to City Council
initial overview of projected revenues and the major operating funds;
• July 28, 2025 — City Manager's proposed FY 2024 budget conveyed to City
Council; Proposed budget filed with the City Clerk, and posted on the City's
website;
• August 4, 2025 — Notice of forthcoming August 19, 2025, public hearing on FY
2026 budget published in accordance with State law;
• August 12, 2025— City Council conducts a work session on the proposed FY 2026
budget;
• Auqust 19, 2025 — City Council scheduled to (1) conduct public hearing on FY
2025 budget, and (2) vote to forward a proposed property tax rate and to set a
public hearing on such rate for September 2, 2025;
• Auqust 23, 2025 — Pending action on August 19, 2025, City staff to publish notice
of the September 3, 2025, public hearing on the proposed tax rate in accordance
with State law;
• September 2, 2025 — Pending action on August 19, 2025, City Council scheduled
to (1) consider ordinance adopting FY 2026 budget, and (2) conduct public
hearing on proposed property tax rate related to FY 2026 budget, and (3) consider
ordinance adopting related property tax rate;
• September 30, 2025 — FY 2025 ends;
• October 1 , 2025 — FY 2026 begins.
7. ALTERNATIVE OPTIONS
8. ATTACHMENTS
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 9.B
RESOLUTION NO.
Resolution Setting a Date for Adoption of the FY 2025 Budget
WHEREAS, state law prescribes specific procedures that local governments must
follow when setting public hearings related to the adoption of budgets for the ensuing
year; and,
WHEREAS, the City Council has held the required public hearing on the proposed
budget and now takes action thereafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Council of the City of Wichita Falls hereby expresses its intent to place
an item on the City Council agenda of September 2, 2025, to consider adopting the FY
2026 budget.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 9.B
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City Council Meeting City and City Services
August 19, 2025
Transmittal Letter
Agenda Item Number: 9.0
Agenda Title: City Council Intent to Hold a Public Hearing and Vote on Approving a
Property Tax at Future Meeting
Council Action to be Taken: Approve a resolution expressing the City Council's intent
to place a proposal on a future Council agenda approving a property tax and schedule
one public tax rate hearing, and establishing the date to vote on same.
Department Submitted: Finance
Staff Contact: Stephen Calvert, Chief Finance Officer/Director of Finance
1. PURPOSE / DESCRIPTION
In accordance with the Texas Property Tax Reform and Transparency Act of 2019, a city
that is considering adopting a tax rate must hold at least one public hearing and post
notice of the hearing in advance.
2. STAFF ANALYSIS / BACKGROUND / PRIOR COUNCIL ACTIONS
The current property tax rate for the City of Wichita Falls is $0.684800 per $100 of
assessed value, and the no-new-revenue tax rate is $0.662791 . The no-new-revenue tax
rate is essentially the rate that generates the same tax revenue as the prior year from
properties that were on the tax roll in both tax years. The voter-approval rate is
$0.708873. The voter-approval tax rate is the rate the City may adopt, but not exceed.
The current version of the proposed FY 2025 budget recommends a tax rate of
$0.682500, which is 0.34°/0 lower than the tax rate in FY 2025 (current year). This tax
rate does not exceed the voter-approval tax rate.
This resolution has been prepared with a blank for the proposed tax rate in order to allow
the City Council to conduct the budget hearing prior to deciding on a proposed tax rate.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 9.0
After completing the budget hearing, the City Council must take a record vote expressing
its intent to adopt a tax rate that equals the tax rate in the Proposed Budget or expresses
its intent to adopt a tax rate other than the rate in the Proposed Budget. Council may vote
to adopt a tax rate between the no-new-revenue tax rate and the voter-approval tax rate.
Because the Proposed Tax Rate exceeds the no-new-revenue tax rate, but is below the
voter-approval tax rate, a record vote of this Council is required. It should be noted, that
the resolution must include a proposed tax rate. Approval of this agenda item expresses
the governing body's intent to hold a public hearing on the proposed tax rate on
September 2, 2025, and its intent to vote to adopt a tax rate on September 2, 2025 at its
regularly planned Council meeting.
3. BOARD REVIEW/CITIZEN INPUT
A Council work session to review the proposed budget was held on August 12, 2025.
4. RECOMMENDATION
Staff recommends the Council, by record vote, approve the resolution proposing a
property tax rate of .6825 for FY 2025 to be considered at a public hearing on September
2, 2025.
5. FUNDING SOURCE
6. TIMELINE
• August 12, 2025 — City Council conducted a work session on the proposed FY
2026 budget;
• August 19, 2025 — City Council scheduled to (1) conduct public hearing on FY
2025 budget, and (2) vote to forward a proposed property tax rate and to set a
public hearing on such rate for September 2, 2025;
• Auqust 23, 2025 — Pending action on August 19, 2025, City staff to publish
notice of the September 3, 2025 public hearing on the proposed tax rate in
accordance with State law;
• September 2, 2025 — Pending action on August 19, 2025 City Council scheduled
to (1) consider ordinance adopting FY 2026 budget, and (2) conduct public
hearing on proposed property tax rate related to FY 2026 budget, and (3)consider
ordinance adopting related property tax rate;
• October 1 , 2025 — FY 2026 begins.
7. ALTERNATIVE OPTIONS
8. ATTACHMENTS
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 9.0
RESOLUTION NO.
Resolution expressing the City Council's intent to place a proposal on
a future Council agenda approving a property tax rate in accordance
with the Texas Property Tax Reform and Transparency Act of 2019;
scheduling one public tax rate hearing, and establishing the date to
vote on same
WHEREAS, state law prescribes specific procedures that local governments must
follow when setting property tax rates for the ensuing year; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The City Council of the City of Wichita Falls hereby expresses its intent to place
an item on the City Council agenda of September 2, 2025, to consider adopting a property
tax rate of $ per $100 of assessed property value.
2. The City Council furthermore expresses its intent to conduct a public hearing to
discuss the property tax rate on September 2, 2025 at 8:30 a.m. to be held in the City
MPEC facilities, 1000 Fifth Street, Seminar Room.
PASSED AND APPROVED this the 19th day of August, 2025.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 9.0