Loading...
Min 06/07/2011 243 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building Item 1 June 07, 2011 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 Dorothy Roberts-Burns - Mayor Pro Tern Michael Smith - Councilors Annetta Pope - Rick Hatcher - 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 Councilor Rick Hatcher, District 3, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mayor presented a Certificate of Achievement in Environmental Excellence to Signal-Hill, Wichita Falls Power, LP, who had no violations in their permit throughout the year for the Pre-Treatment Program. Mayor proclaimed June 12, 2011 as" Filipino American Independence Day in Wichita Falls" and urged all citizens to recognize the great contributions made to the our community by members of the Filipino Club of North Texas Dr. Armando San Diego, Representative for the Filipino Club of North Texas, accepted the proclamation and expressed appreciation to the City Council and citizens of Wichita Falls for recognizing their efforts and contributions in this community. Item 3c Mayor recognized Alisa Hill, Risk & Safety Specialist, as Employee of the Month for June 2011. Mayor presented Mrs. Hill with a plaque, a letter of appreciation, restaurant tickets, and a check. 244 Item 4 Mark Masman, 5504 Lucky Lane, informed that his home was burned to the ground and he attempted to obtain another appraisal but was denied because State law requires appraisals from January through December of that year and cannot be re-evaluated unless the taxing entities elect to do so. He requested that Council consider allowing a re-appraisal of those properties that were destroyed during the fires. Mayor directed staff to work on this. Item 5 Minutes of the May 17, 2011 Council meeting were approved as distributed. Items 6a-6f City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ward that the Consent Agenda be approved. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Items 6a-6f Minutes of the following boards and commissions were received. (a) Planning &Zoning Commission, February 9, 2011 (b) Animal Shelter Advisory Commission, March 3, 2011 (c) Wichita Falls Economic Development Corporation, March 10, 2011 (d) Wichita county-Wichita Falls Public Health Board, March 25, 2011 (e) Landmark Commission, April 25, 2011 (f) Landmark Commission, April 26, 2011 Item 8a was moved up and considered at this time. Item 8a A proposed ordinance was considered amending Section 50-34 of the Code of Ordinances, reducing the number of positions in the captain, lieutenant, and fire equipment operator classifications, increasing the number of positions in the fire fighter classification and reducing the overall number of authorized classified positions in the Fire Department. Moved by Councilor Hatcher that proposed ordinance be passed. Motion seconded by Councilor Smith. Fire Chief Earl Foster provided information on the national standard Two-in and Two-out, and the strategy the Fire Department and the City have worked to develop to comply with this law., which has been problematic. The Fire Chief has recently developed a restructuring plan which will allow the Fire Department and the City to meet the State's Two-in and Two-out mandate. Fire Chief noted that this plan does not increase personnel. He explained his plan in detail summarizing that this is a solid plan which is used by other fire departments. This plan allows us to meet State law; it enhances fire fighters safety, an increased level of service for our citizens. This plan also saves a quarter of a million dollars in our budget. A lengthy discussion ensued with Council asking questions and expressing their opinions about the plan. Questions were addressed regarding response time, morale, budget related issues, and Fire Department statistics. Councilor Ingle said that he would have wanted to see another option; he felt this was a big change; he likes what the Chief did and what he went through but he just can't get his arms around it. He likes small managed changes. 245 Item 8a continued Councilor Ward felt the fire fighters were one of the great assets of the City as well as police. She expressed concern about promotion opportunities; did not want to limit the assets that we have to be better qualified; she was not for the way the plan was written. The fire fighters are the ones that keep our City going. Councilor Smith expressed appreciation to the Fire Chief for all the work put into this plan. We have a concern about response time and there are implications for citizen and fire fighter safety. He is concerned about reduction of two units out of service and the slight reduction of manpower. We need more fire fighters. We need to look at this issue in our budget hearings which start in July; I know we are still in a financial crunch but things are slowly getting better here in Wichita Falls and Texas. We need to look for a solution to the Two-in Two out in various ways. It appears the easy option is additional personnel and that is what I would like for us to see. City Council recessed at 9:55 a.m. and reconvened at 10:10 a.m. Comments from fire fighters and citizens were heard at this time. The following persons spoke against the proposed ordinance. Brad Smith, 1615 Singleton Joseph Cameron, 1565 Carol Lane Curtis Martin, 2 White Rock Court Kelley Crush, 4813 Belair Bobby Whiteley, 1105 Scott, President Fire Fighters Association The following persons spoke in favor of the proposed ordinance. David Brock, 320 Hill Top, Jim Ginnings, 5201 Taft Councilor Hatcher commented that no matter what happens here, the firemen have sworn to protect us, as have the police. Firemen are there to help us and they will be there; everyone loves a fireman. It is not about the money to me. Our fire fighters are the best trained anywhere; I trust them with my life; they are all qualified to do their jobs no matter what their title is, whether captain, lieutenant, etc. I am not a union guy but I am a fireman guy. I trust my City Manager, Fire Chief, Public Works Director, etc. to manage their departments, not their employees; this is a decision of the department head and City Manager. The insurance rating had this plan in place at the time, and we would be a more solid 2. 1 commend the Fire Department for being able to do that. He questioned what all this does to the morale of our other employees. We all have to love the City — Pride in the Falls and these other employees have to love it too, what about their morale? Unfortunately, citizens of Wichita Falls do not reward us with another term (speaking to Mr. Jim Ginnings). Those that are rewarded to another term is by hard work of individuals and groups in the City; they are voters and vote as a block and make things happen, nothing wrong with that. This plan meets the law; there are 15-18 positives in this plan that have been laid out; the only negative is that it is weak in that there is a reason they use it as a negative. I commend the firefighters for the way you stay together as a brotherhood, and I understand why the Association has to make a stand on this and I don't fault you. I think this is a good plan and it serves all citizens, everybody in the community, and the firefighters for safety, except for the Association in their ability to keep the jobs they want to keep and the opportunity for promotion. One other person it will not serve is me. Councilor Hatcher called for the question. City Manager requested to make some comments. Mayor allowed it. City Manager thanked the firefighters who showed up today; we support you and will continue to support you; you do a great job and we appreciate all that you do. He thanked the Fire Chief; he did not ask for the proposal but he commended the Fire Chief for showing the leadership that he should show as a department head, to look at the department structure and recommend what is in the best interest of not only firefighter's safety but the entire community. City Manager felt the plan made a lot of sense and thought it would be a slam dunk; if it was any other department I think it would have been a slam dunk. We would not be having this discussion. It is a solid plan and a lot of time was put into it. Firefighters' job is to fight fires and rescue victims; Chief's job is to structure and manage the Fire Department in the best way possible. I ask that you support your Fire Chief like you support you management because other managers in the organization are watching and I would hate for them to think what good is it to come up with an efficiency proposal like the Chief's if the employees are going to be against it, it is going to go down in flames. Regarding morale, I worry about the 1200 employees' morale. We have been struggling with the budget for three years and four of you have told me not to bring a budget that raises taxes, but today I am hearing that we should increase the tax rate to add new fire fighters positions. We are getting mixed messages. One reason this is before you today is the timing; we want to implement this through attrition and there are some promotional positions that if we do not take action this month, through Civil Service Law, we have to fill; so that may delay this year's. The savings is not the chief reason for this plan, it is to meet the Two-in and Two-out. You can vote against it and people can oppose it but if the real opposition is because it eliminates promotional opportunities,just say that. 246 Item 8a continued The fear mongering that it is going to put lives in jeopardy, reduce response times; it may reduce the time to get a truck there but it speeds up the opportunity to rescue people and put out fires. He explained the reasons for removing units; and replacing those units with a Quint is an upgrade. This is going to increase public safety but it is going to reduce promotional opportunities. When we hire new firefighters they come in with the idea of being a fire fighter not a battalion chief or fire chiefs; that is not gong to turn people away. We do not have trouble hiring fire fighters. We appreciate your support and evaluation of this. We are doing what we think is in the best interest for the community but if you want us to continue this in budget hearings know that there are a lot of issues, budget-wise, coming up. Something has got to give, reduce benefits, cut pay or restructure in an efficient manner. Mayor stated that when this came up in April, he looked at it and the decision was made that this would be a budget issue unfortunately due to Civil Service law we were forced into this meeting today. Two other proposals were done midyear, the two new captains and battalion chief; I am going to contend that those two proposals and this one should be a budget issue. Comments were made about other departments and it is not just a Fire Department issue; if this proposal was being made from any other City department I would feel the same way. When I got on this council it was clear I was an employee backing individual; that did not translate down to police and fire, it is everyone in this organization. If this issue came up from other departments, I would have the same concerns as I do with this. If you look at this from a business standpoint, it is absolutely the right thing to do but when you look at it from another aspect, a public safety aspect there are arguments both ways. This is the toughest decision I have had to make in my four years on council. In my estimation it is a budget issue and should be dealt with as a budget issue during the budget process. Motion on the proposed ordinance failed by the following vote. Ayes: Councilor Hatcher Nays: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Item 9d was moved up and considered at this time. Item 9d RESOLUTION NO. 50-2011 Resolution Supporting Troops First, A Campaign Showing Appreciation And Honor To The Men And Women Of Sheppard Air Force Base. Moved by Councilor Roberts-Burns that Resolution No. 50-211 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 7a A Public Hearing was held to determine if certain buildings and/or structures are considered to be dangerous. Mayor declared the public hearing open. There were 23 structures on the demolition list; however the following property owners addressed the Council requesting an extension of time. 2. 839 Elwood Street—Cecilia Jo Alley, 1200 Thompson, requested additional time to repair the structure. Allowed 30 days to obtain a restoration permit and 90 days to show substantial completion. She will take care of the back taxes 3. 1011 Roosevelt St. and 5. 615 Harding St. — Lucky Cleaver, 1818 Gerald, is Administrator of the Estate of this property and will do the best to improve these properties. Allowed 30 days to obtain a restoration permit and 90 days to show substantial completion. 14. 609 Fort Worth St. —James Wood informed that he lives in this structure and is remodeling inside and out. This structure was pulled from the demolition list and some research will be done; this item will be placed back on the June 21 Council agenda. 22. 1308 Fillmore — Judith Hudson, 1626 Collins, requested additional time and needs to make arrangements to pay out taxes. Allowed 30 days to obtain a restoration permit and 90 days to show substantial completion. 247 Item 7a continued Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 7b ORDINANCE NO. 27-2011 Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within 30 Days Of The Date Of This Ordinance; And Declaring An Emergency And Immediate Effective Date Moved by Councilor Hatcher that Ordinance No. 27-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8b ORDINANCE NO. 28-2011 Ordinance Annexing Approximately 4.78 Acres Of Land To The South Of The Parkstone Senior Village Apartments Located At 1727 West Rathgeber Road Moved by Councilor Hatcher that Ordinance No. 28-2011 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8c ORDINANCE NO. 29-2011 Ordinance Rezoning Approximately 4.78 Acres Of Land To The South Of The Parkstone Senior Village Apartments Located At 1727 West Rathgeber Road From Single Family-1 To Multifamily Residential, And Amending The Land Use Plan By Designating The General Area As High Density Residential. Moved by Councilor Roberts-Burns that Ordinance No. 29-2011 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8d ORDINANCE NO. 30-2011 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, ("City") Approving A Negotiated Resolution Between The Steering Committee Of Cities Served By Oncor ("Steering Committee") And Oncor Electric Delivery Company LLC ("Oncor" Or "Company") Regarding The Company's Application To Increase Electric Rates In All Cities Exercising Original Jurisdiction; Declaring Existing Rates To Be Unreasonable; Requiring The Company To Reimburse Cities' Reasonable Ratemaking Expenses; Adopting Tariffs That Reflect Rate Adjustments Consistent With The Negotiated Settlement And Finding The Rates To Be Set By The Attached Tariffs To 248 Item 8d continued Be Just And Reasonable; Approving Oncor's Proof Of Revenues; Adopting A Savings Clause; Determining That This Ordinance Was Passed In Accordance With The Requirements Of The Texas Open Meetings Act; Declaring An Effective Date; And Requiring Delivery Of This Ordinance To The Company And The Steering Committee's Legal Counsel Moved by Councilor Roberts-Burns that Ordinance No. 30-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9a RESOLUTION NO. 47-2011 Resolution Awarding Bid For The 2011 Budget Utility Improvements Project (CWF10-550-10) To A&M Construction And Utilities, Inc., In An Estimated Total Amount Of$999,330.00 Moved by Councilor Roberts-Burns that Resolution No. 47-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9b RESOLUTION NO. 48-2011 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Amount Of$211,815 For The Wichita Falls Travel Center Project Moved by Councilor Hatcher that Resolution No. 48-2011 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9c RESOLUTION NO. 49-2001 Resolution Authorizing City Staff To Execute All Documents Necessary To Purchase Cellular Wireless Communication Services For The City's Public Safety Mobile Data System From Verizon Wireless And Sprint Mobile In A Total Amount Not To Exceed $8,357.80 Per Month Through The Texas Department Of Information Resources Purchasing Cooperative, And Provide For The City's Exit Of Its Mobile Data System Applications From Unlicensed Frequencies Between 902mhz And 928mhz Moved by Councilor Hatcher that Resolution No. 49-2011 be passed. Motion seconded by Councilor Roberts-Burns. Mr. Jim Dockery offered an amendment to the proposed ordinance. by correcting the 920 MHz to 928 MHz. 249 Item 9c continued Moved by Councilor Hatcher that proposed ordinance be amended by changing the 920 MHz to 928 MHz throughout the ordinance document. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Main motion as amended carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10a There were no staff reports. Item 10b Discussion of Items of concern to Members of the City Council Councilor Pope: a) Expressed appreciation for the new council member orientation. b) Offered her phone and email for contact purposes to citizens. Councilor Ward: a) Received a call from Jeff with Riatta Mobile Home Park as to why they were being charged for trash carts when 95 of the 155 lots are vacant. Mr. Russell Schreiber replied that the solid waste ordinance requires it. It is impossible to track how many units are being used. Jeff was informed that they could become a commercial customer and they could save approximately $2,500— $3,000/month however, they opted to remain a regular customer. Mr. Schreiber does not recommend changing the Ordinance.. Councilor Smith: a) City Manager and Mayor met with Southwest Regional Manager of American Eagle Airlines; we have been cut down to 3 flights a day with lousy times. The meeting was good but not much help is evident from this meeting. He encouraged the traveling public to make their concerns, comments by writing/emailing to Dale Morris Southwest Regional Manager for Government Affairs at American Eagle Airlines, Dallas-Fort Worth. b) Commended Jessica Langdon for being a the best reporter we have had on the City beat; he wished her well in her new job in Kansas City. c) Informed that the asbestos abatement survey provided to Council by Murray Sallis was limited. Councilor Hatcher: a) Since this was an extraordinary situation, he thinks property re-appraisals are doable for victims of the fires off Missile Road. He would like to see the victims utilize insurance proceeds to cover their taxes. Mr. Jim Dockery will check into this to see what can be done. b) Commented that he will be characterized by the Fire Fighters Association in a negative manner and his business will suffer, but who doesn't love a fireman; I love all fire fighters and what they do. As long as apathy at the polls continues you guys are all safe. Councilor Ingle: a) Cannot say he feels sorry for Councilor Hatcher. b) Would like to have more debate and more input into the Fire Department restructuring. Commended the Fire Chief for doing a good job. Councilor Roberts-Burns: a) Glad to see all the new businesses coming to Wichita Falls; encouraged citizens to come out and support these new businesses. 250 Items 11 a & 11 b City Council went into Executive Session at 12.05 p.m. in accordance with Texas Government Code §551.071 and §551.072. City Council reconvened at 1Z50 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 12 City Council adjourned at 12.51 p.m. PASSED AND APPROVED this day of 2011. MAYOR ATTEST Lydia Ozuna City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 Annetta Pope, District 2 �r Rick Hatcher, District 3 i Tim Ingle, District 4 It ( S ic di (,( MaryWard, District 5 T E X A S B/u�Skie,Cfo�den0��e�tuurhtie, 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 7, 2011 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Craig Lile, Pastor Faith Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Certificate of Achievement in Environmental Excellence— Signal-Hill, Wichita Falls Power, LP - Health Department (b) Employee of the Month —Alisa Hill, Risk Management 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of The May 17, 2011 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Receive Minutes (a) Planning & Zoning Commission, February 9, 2011 (b) Animal Shelter Advisory Commission, March 3, 2011 (c) Wichita Falls Economic Development Corp. (4A), March 10, 2011 (d) Wichita County-Wichita Falls Public Health Board, March 25, 2011 (e) Landmark Commission, April 25, 2011 (f) Landmark Commission, April 26, 2011 REGULAR AGENDA 7. (a) Public Hearing to Determine If Certain Buildings And/Or Structures Are Considered To Be Dangerous (b) Ordinance Finding Certain Buildings And/Or Structures #80 To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within Thirty Days Of The Date Of This Ordinance; And Declaring An Emergency and Immediate Effective Date 8. Ordinances (a) Ordinance Amending Section 50-34 Of The Code Of #81 Ordinances, Reducing The Number Of Positions In The Captain, Lieutenant, And Fire Equipment Operator Classifications, Increasing The Number Of Positions In The Fire Fighter Classification And Reducing The Overall Number Of Authorized Classified Positions In The Fire Department, and providing for Codification (b) Ordinance Annexing Approximately 4.78 Acres Of Land #82 To The South Of The Parkstone Senior Village Apartments Located At 1727 West Rathgeber Road (c) Ordinance Rezoning Approximately 4.78 Acres Of Land #83 To The South Of The Parkstone Senior Village Apartments Located At 1727 West Rathgeber Road From Single Family-1 To Multifamily Residential, And Amending The Land Use Plan By Designating The General Area As High Density Residential (d) Ordinance Approving A Negotiated Resolution Between #84 The Steering Committee Of Cities Served By Oncor And Oncor Electric Delivery Company LLC Regarding Oncor's Application To Increase Electric Rates 9. Resolutions (a) Resolution Awarding Bid For The 2011 Budget Utility #85 Improvements Project (CWF10-550-10) To A&M Construction And Utilities, Inc., In An Estimated Total Amount Of$999,330.00 (b) Resolution Approving The Programs And Expenditures #86 Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Amount Of $211,815 For The Wichita Falls Travel Center Project CITY COUNCIL AGENDA PAGE 2 OF 4 PAGES (c) Resolution Authorizing City Staff To Execute All #87 Documents Necessary To Purchase Cellular Wireless Communication Services For The City's Public Safety Mobile Data System From Verizon Wireless And Sprint Mobile In A Total Amount Not To Exceed $8,357.80 Per Month Through The Texas Department Of Information Resources Purchasing Cooperative, And Provide For The City's Exit Of Its Mobile Data System Applications From Unlicensed Frequencies Between 902mhz And 920mhz (d) Resolution Supporting Troops First, A Campaign #88 Showing Appreciation And Honor To The Men And Women Of Sheppard Air Force Base 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 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 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 settlement with Oncor and/or items otherwise listed on the open meeting agenda) (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of property adjacent to Call Field Road) 12. 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 Sixth Street 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. CITY COUNCIL AGENDA PAGE 3 OF 4 PAGES Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2011 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 PAGES