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Min 06/04/2013 65 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 4, 2013 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Glenn Barham - Mayor Michael Smith - Councilors Ben Hoover Annetta Pope - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Minister Ken Holsberry of Edgemere Church of Christ gave the invocation. Item 2b Mayor led in the Pledge of Allegiance. Item 3a Mayor recognized Mrs. Nancy Rhodes, Deputy Court Clerk, Municipal Court, as Employee of the Month for June 2013. Mayor presented Mrs. Rhodes with a plaque, a letter of appreciation, restaurant tickets and a check. Item 4 Katherine Smith, 2411 A Lou Lane, spoke on long term water sources. We have not heard how to deal with the new drought emergency solutions. Where is the task force that is to come up with a plan for more sources of water? Why was Lake Ringgold not looked into when Lake Arrowhead is not providing the water we need? Where our plan, incentives to conserve water, and where is our leadership? We are loosing a 65 year old business, where is the plan to maintain the businesses that have been here. If this is an emergency where is the task forces that can get a plan to save our City? Keith Cameron, 2620 Elmwood, spoke to water wells, water contracts, and the Recycle Water Project. He commented that we do not have a water well system. He asked if the City had done anything about the water that Burkburnett is using and expressed concern with the amount of water they are using. He also asked about Lake Kemp. He wanted to know how the water contracts with other cities are handled. He asked how the proposed projects were going to be financed, and asked about using existing pipelines. 66 Item 4 continued Mayor explained the need for a discharge permit on the long term project. The emergency project is ready; we are waiting for TCEQ approval. He explained what it would take for the process, such as acquiring easements, land, discharge permit, etc. Certificates of Obligation will be used to pay for the emergency project and increase in rates, as well as for the long term project, increase in rates. City Manager explained the difference between oil pipelines and water pipelines, which are two different issues. David Brock, 320 Hilltop, deferred to Agenda Item 9c, and will speak at that time. Item 5 Minutes of the May 21, 2013, Council meeting were approved as distributed. Items 6a-7f City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ingle that the Consent Agenda be approved. Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 55-2013 Resolution Awarding The Bid For The 2013 Alley Rehabilitation Project (CWF13-530- 11) To Bowles Construction Co., In An Estimated Total Amount Of$259,510.00 Item 6b RESOLUTION NO. 56-2013 Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs Items 7a-7f Council received the following minutes. (a) Wichita Falls Arts Commission, May 21, 2012 (b) Library Advisory Board, October 16, 2012 (c) Animal Shelter Advisory Committee, February 8, 2013 (d) Library Advisory Board, March 19, 2013 (e) Library Advisory Board,April 16, 2013 (f) Landmark Commission, April 23, 2013 Item 8a A public hearing was held on the Proposed 2013 Fourth Year Annual Action Plan of the Adopted 2010- 2014 Public Housing Agency Plan (PHA) Five Year Plan and the updated and revised 2013 Administrative Plan Mayor declared the public hearing open. Assistant City Manager Kevin Hugman provided information on adoption of 2013 Action Plan and Public Housing Agency Plan, noting that there were 500 on the waiting list. The voucher has decreased and available funding is not going as far as in the past. He explained the process to move off the waiting list. Item 8a continued 67 Item 8a continued Councilor Ingle wanted to know how long most families remain on this. Mr. Hugman informed that right now it takes approximately two years.We have a goal of less than two years. On the housing allowance, they have to qualify yearly. It is a rental subsidy. Councilor Smith mentioned the funding for the homeless and asked if there is a homeless component in this program? Mr. Hugman explained that it is under the CDBG Program and it ended last year. .Mayor called for additional public comments. There being none Mayor declared the public hearing closed. Item 8b RESOLUTION NO. 57-2013 Resolution Approving The 2013 Fourth Year Annual Action Plan Of The Adopted 2010-2014 Five Year Public Housing Agency Plan (PHA) And The Updated And Revised 2013 Administrative Plan Moved by Councilor Ingle that Resolution 56-2013 be approved. Motion seconded by Councilor Smith and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 9a ORDINANCE NO. 30-2013 Ordinance Authorizing The Sale Of Excess City Owned Property Consisting Of 0.30 Acres Located At 3800 Call Field Road To LG Acquisitions, LLC In The Amount Of$260,520 Moved by Councilor Ingle that Ordinance 30-2013 be approved. Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 9b ORDINANCE NO. 31-2013 Ordinance Accepting Capital Improvement Program Grants From The Aviation Division Of The Texas Department Of Transportation In The Estimated Amount Of $4,201,110 For Apron Expansion, Taxiway Reconstruction, And Stormwater Drainage At Kickapoo Downtown Airport; And Appropriating $150,000 From Kickapoo Airport Funds And $316,790 From Airport Bond Revenue To Provide For Local Match Moved by Councilor Ward that Ordinance 31-2013 be approved. Motion seconded by Councilor Ingle and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None 68 Item 9c ORDINANCE NO. 32-2013 Ordinance Amending Division 6 Of Article II Of Chapter 106 Of The Code OF Ordinances Of The City Of Wichita Falls, To Establish Modified Water Conservation Drought Contingency Rules; Providing For A Penalty Not To Exceed$2,000 Per Violation; And Providing For Codification Moved by Councilor Ingle that Ordinance 32-2013 be approved. Motion seconded by Councilor Smith. Public Works Director reviewed the proposed Stage 4 restrictions. Councilor Smith requested that Water Resources Committee, Council, and Staff look at the possibility to continue watering trees and the Golf Course greens. We need to look a little bit more at the effluent and raw water sources. Councilor Hoover agreed that drinking water has to be our main concern but also agrees that we need to look at the trees. He wanted to know what the Water Resources Commission's consideration was regarding the large trees. I am not convinced that watering a tree is not the solution and it is an issue we need to look at. We should prioritize the trees and the shrubs. Councilor Ingle stated that 60 years ago there were no trees because this is desert and if we have a drought they are not going to live; we have to let Mother Nature determine what will live. His recommendation was no watering of trees, plants, or grass. The safety of the citizens is above the growth of trees. We are in a disaster and I agree with the provisions the way they are. Arnold Oliver, 2408 Merrimac, Water Resources Commission Chair, provided the thought process that went into the proposed restrictions. Some of the areas discussed were: enforcement, definition of a tree, golf courses were discussed at length and their value. However, in the end we want to be able to have drinking water, sewer, and be able to wash clothes. He noted that there is no restriction on hauling water from the waste water treatment plant. Watering the foundation with soaker hose is allowed. Steve Smith, 2 Brass Lantern Court, agrees with Councilor Ingle and Councilor Hoover that we need to maintain the water for drinking and washing. We need to cut off now any type of spray irrigation. 90% of the landscape water is spray irrigation and it is not productive; allow drip irrigation to keep their landscape alive. The only trees here that have a tap root are pecan and mesquite. The big mature trees can go without watering for months but will die. Stop all outside spray irrigation but allow soaker hose irrigation to water trees. Need to educate the public as to how to water a tree to keep it alive. No sprinklers only allow soaker hoses and hand watering. Public Works Director Schreiber believes that allowing watering of trees and greens is going in the wrong direction. We have to restrict residential first then commercial and industry. The current ordinance does state no outdoor watering.What you capture inside your home you can use outside. David Brock, 310 Hilltop, provided information on how to save water from washing machines. He spoke to water rates and surcharges in relation to Stage 4, and he does not think low income and elderly can afford it. Surcharges are going to triple. The City has not been forthcoming with water surcharges. Bonds were issued and to do that you need to keep the money at a certain level in order to pay for those bonds. If no money was coming in, the water bonds will be in bad way. City should have been up front and provide the citizens with the information. We can protect the integrity of the bond if you look at a quality of life issue like Castaway Cove. He suggested putting a surcharge on every ticket sold at Castaway Cove and that would add money to the Water Fund; surcharges would not be so high. We should make part of the funds from Castaway Cove go to our Water Fund. I propose that the water that is coming out the back of Castaway Cove be used for golf course greens. We need to look outside the box and look into this. Recycle this water for the golf course. Mayor informed that the surcharge was put in to encourage conservation and to penalize those who could/would not conserve. If we have water coming out of Castaway Cove Mr. Hugman is going to look into this. Moved by Mayor Barham to amend Section (f) Stage4— Drought Disaster (1) Irrigation: a, to read as follows a> It shall be unlawful to utilize any type of irrigation using potable water produced by the City of Wichita falls that is distributed through the City's distribution system on any day at any time. This restriction includes all forms of irrigation, including spray, bubbler, drip, hand-watering, etc. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward 69 Item 9c continued Nays: None Cattie Jackson, Shade Tree Nursery& Landscaping, spoke about drip irrigation stating that if that is allowed the bushes and landscape around homes will be saved. All the watering from April-July is not about watering trees but maintaining moisture. Drip system maintains moisture and it is a small volume of water. It would be a catastrophe to pull the plug now; you should wait until September 15 when the sap is down. There are not only four big industry water users here, consider the green industry businesses as well. There is not more larger industry than the green industry; we do$2-$3 million of work per year. Charles Barr, 2100 Indian Heights, has seared on Water Resources Commission for 8 years, and wanted to know what was going to happen with landscape requirement for new developments? Mayor informed that there was a landscape waiver adopted by Council until Council returns to Stage 2 of the Drought Plan. Keith Cameron, 2620 Elmwood, likes the drip system and has not watered his trees and they are green. The surcharge does not bother me because we do not water. She suggested changing the time to water to 6:00 p.m.-8:00 p.m. City Manager informed that the reason for time frame is that it could be 105 degrees and 8:00 p.m. to midnight temperature is not as bad, evaporation issue. Mayor commented that there has been talk about property values going down because f lack of watering. He read description of appraisal provided by Wichita Appraisal District. . Mayor asked that staff look into amending the original ordinance relating to stopping spray irrigation and bring it back at next council meeting. Steve Harris reiterated that the timing of the water shut off is a huge factor and asked that it be pushed back into the fall. Main motion as amended carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None City Council recessed at10:35 a.m. and reconvened at 11:00 a.m. Item 10a RESOLUTION NO. 58-2013 Resolution Appointing Members To The Lake Wichita Study Committee Moved by Councilor Ingle that Resolution 58-2013 be approved. Motion seconded by Councilor Hooker. Moved by Mayor Barham to insert the following names in the blanks: Brian Hooker, Council Representative Penny Miller, Park Board Chair Stephen Gamer, Park Board Representative Michael Chapman, Lakeside City Representative Nancy Howell, City Representative Clayton Lane, City Representative Allen Pappas, City Representative Larry Scott, City Representative Andrew Wallander, City Representative Sam Bounds, Lakeside City Ex-officio Representative Motion seconded by Councilor Smith and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None 70 Item 10b RESOLUTION NO. 59-2013 Resolution Awarding The Bid For The 2013 Budget Utility Improvement Project(CWF13-55-04)To Bowles Construction In An Estimated Amount Of$763,372.50 Moved by Councilor Smith that Resolution 59-2013 be approved. Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 10c RESOLUTION NO. 60-2013 Resolution Authorizing The City Manager To Execute All Documents Necessary To Ammend Work Order#22 To The City's Agreement For Professional Services With URS Corporation To Modify The Scope Of Services For Professional Services Associated With The City Of Wichita Falls Regional Airport Terminal Area Project, In An Additional Amount Of$209,454.00 Moved by Councilor Ward that Resolution 60-2013 be approved. Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 10d RESOLUTION NO. 61-2013 Resolution Appointing Director To The Wichita County/City Of Wichita Falls Hospital Board; And Designating Term Of Office Moved by Councilor Hooker that Resolution 61-2013 be approved by inserting Renae Murphy's name in the blank with term to expire July 1, 2015. Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 11 a Public Works Director Russell Schreiber presented an Emergency Reuse Project update. Jim Heiman, President Pride in the Falls, presented an update on Pride in the Falls. Item 11 b Members of the City Council presented the following matters. Councilor Ward a)Was impressed with the update on Pride in Falls; it is a boost to our City. Councilor Ingle: a) Asked if there was anything else we could do for businesses during the drought. City Manager will look at that ordinance and push toward drought tolerant plants. 71 Item 11 b continued b) Referred to the Lake Wichita Study Committee and mentioned that some people will fall out of that Committee so there may still be an opportunity to serve; anyone can attend the meetings Y pP tY Coun cilor Smith: a)Thanked the Water Resources Commission and the staff for all the work they are and have done on our drought situation. b) He encouraged citizens to stay informed; call your councilor, check City website to ask questions, etc. Appreciate newspaper making it a point on Letters to Editor giving additional information the last few weeks. c) Mentioned that survey reflects that the our City is Number 6 as one of the least expensive cities to live in. d) Pray for rain. Councilor Hooker: a) Echo what other councilors have said in the accomplishments. Councilor Hoover: a)Thanked Jim Heiman for his presentation. b) Still have more hard work to do on drought issue. Mayor Barham: a)Welcomed Councilor Hoover and looks forward to good work from him. n informed citizens what is being done about our water situation. b) A lot of innuendo that City has of g All television stations have broadcast what the City is doing and covered the project. Time Warner aired info on various drought stages. 20 minute conferences have been aired, as well as promos, videos related to water issues. The City is providing information, but people are not paying attention to what is going on around them. Radio stations, newspapers and all media are covering this information. He asked citizens to do a little more research before making accusations. We do our best to get the word out. Thanks to the media for helping us get the word out. Item 12a City Council went into Executive Session at 12:05 a.m. in accordance with Texas Government Code §551.071, §551.072, §551.087, and §551.074. City Council reconvened at 12:31 p.m. . Mayor announced that no polls or votes were taken during Executive Session.- Item 13 Moved by Councilor Ingle to appoint Darron Leiker to Place 2 of the 4A Wichita Falls Economic Development Corporation with term to expire July 31, 2016 Motion seconded by Councilor Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Moved by Councilor Smith to appoint Rick Hatcher to Place 2 of the 4B Sales Tax Corporation with term to expire July 31, 2015 and to reappoint Tony Fidelie, Jr., Place 1, Jim Ginnings, Place 5, and Dave Clark, Place 7 with terms to expire July 31, 2015. Motion seconded by Councilor Hoover and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Mayor announced the following reappointments to the Wichita Falls Housing Authority with terms to expire July 31 2015: John Scroggins, Place 1, Chad Skogsberg, Place 2, and Dennis Wilde, Place 2. Moved by Mayor Barham to appoint Councilor Michael Smith as proxy to the Nortex 72 Item 13 continued Regional Planning Commission with term to expire July 1, 2014 Motion seconded by Councilor Hooker and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Moved by Councilor Smith to appoint Lori Weaver to Place 4 of the Animal Shelter Advisory Committee with term to expire December 31, 2013. Motion seconded by Councilor Hooker and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Moved by Councilor Smith to reappoint Donna Jane McGough, Place 1, Arthur Bea Williams, Place 2, and Kay Story, Place 8, to the Library Advisory Board with terms to expire July 31, 2016. Motion seconded by Councilor Ward and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Pope, Hooker, Ingle, and Ward Nays: None Item 12 Council adjourned at 12:40 p.m. PASSED AND APPROVED this 18th day of June 2013. 611 XVIU�Lat�� Glenn Barham, Mayor City of Wichita Falls City Council Agenda Glenn Barham, Mayor - Michael Smith, At Large %,.. Ben Hoover, District 1 Annetta Dotson, District 2 = � Brian Hooker, District 3 ( •� /� Tim Ingle, District 4 °d a a Q Mary Ward, District 5 � r T E X A S B/u�SkiesGf�/den0y�ottun�rie, Darron Leiker, City Manager - Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, June 4, 2013 Beginning At 8:30 A.M. Item # gill # 1. Call To Order 2. (a) Invocation: Minister Ken Holsberry Edgemere Church of Christ (b) Pledge Of Allegiance 3. Presentation - Employee of the Month - Nancy Rhodes, Municipal Court 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of The May 21, 2013 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Awarding The Bid For The 2013 Alley #86 Rehabilitation Project (CWF13-530-11) To Bowles Construction Co., In An Estimated Total Amount Of $259,510.00 (b) Resolution Authorizing A Conflict Of Interest Waiver For #87 A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs 7. Receive Minutes (a) Wichita Falls Arts Commission, May 21, 2012 (b) Library Advisory Board, October 16, 2012 (c) Animal Shelter Advisory Committee, February 8, 2013 (d) Library Advisory Board, March 19, 2013 (e) Library Advisory Board, April 16, 2013 (f) Landmark Commission, April 23, 2013 REGULAR AGENDA 8. (a) Public Hearing On The Proposed 2013 Fourth Year Annual Action Plan Of The Adopted 2010-2014 Public Housing Agency (PHA) Five Year Plan And The Updated And Revised 2013 Administrative Plan (b) Resolution Approving The 2013 Fourth Year Annual #88 Action Plan Of The Adopted 2010-2014 Five Year Public Housing Agency Plan (PHA) And The Updated And Revised 2013 Administrative Plan 9. Ordinances (a) Ordinance Authorizing The Sale Of Excess City Owned #89 Property Consisting Of 0.30 Acres Located At 3800 Call Field Road To LG Acquisitions, LLC In The Amount Of $260,520 (b) Ordinance Accepting Capital Improvement Program #90 Grants From The Aviation Division Of The Texas Department Of Transportation In The Estimated Amount Of $4,201,110 For Apron Expansion, Taxiway Reconstruction, And Stormwater Drainage At Kickapoo Downtown Airport; And Appropriating $150,000 From Kickapoo Airport Funds And $316,790 From Airport Bond Revenue To Provide For Local Match (c) Ordinance Amending Division 6 Of Article 11 Of Chapter #91 106 Of The Code Of Ordinances Of The City Of Wichita Falls, To Establish Modified Water Conservation Drought Contingency Rules; Providing For A Penalty Not To Exceed $2,000 Per Violation; And Providing For Codification CITY COUNCIL AGENDA PAGE 2OF5 10. Resolutions (a) Resolution Appointing Members To The Lake Wichita #92 Study Committee (b) Resolution Awarding The Bid For The 2013 Budget #93 Utility Improvement Project (CWF13-550-04) To Bowles Construction In An Estimated Amount Of$763,372.50 (c) Resolution Authorizing The City Manager To Execute All #94 Documents Necessary To Amend Work Order #22 To The City's Agreement For Professional Services With URS Corporation To Modify The Scope Of Services For Professional Services Associated With The Wichita Falls Regional Airport Terminal Area Project, In An Additional Amount Of$209,545.00 (d) Resolution Appointing Director To The Wichita #95 County/City Of Wichita Falls Hospital Board; And Designating Term Of Office 11. Other Council Matters (a) Staff Council Discussion — Pride In The Falls (b) Discussion Of Items Of Concern To Members Of The City Council. 12 Executive Sessions: (a) Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to contracts and other property interests held, purchased, and/or subject to transfer for aviation, industry, lakes, utilities, and infrastructure) (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, purchase, exchange, lease, or value of property interests for aviation, lakes, industry, utilities, and infrastructure) CITY COUNCIL AGENDA PAGE 3 OF 5 (c) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, aviation, industry, utilities, and infrastructure) (d) Executive session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee, including, but not limited to, members of the following boards and commissions: • 4A Wichita Falls Economic Development Corporation • 4B Sales Tax Corporation • Wichita Falls Housing Authority • Nortex Regional Planning Commission • Wichita County/City of Wichita Falls Hospital Board 13. Open Session To Consider Appointments To The Following Boards And Commissions: • 4A Wichita Falls Economic Development Corporation • 4B Sales Tax Corporation • Wichita Falls Housing Authority • Nortex Regional Planning Commission • Wichita County/City of Wichita Falls Hospital Board (Agenda Item 10D) • Animal Shelter Advisory Committee • Library Advisory Board 14. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7t" Street at the main building entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. CITY COUNCIL AGENDA PAGE 4 OF 5 Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2013 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 5 OF 5