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Min 04/20/2010 55 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 20, 2010 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. Lanham Lyne - Mayor Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Darron Leiker - City Manager Miles Risley City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor Mark Graham with Overcoming Work Praise Center International gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Stephanie Jones, Wichita Falls Junior League, presented Mayor Lyne with 2009 Falls Fest Proceeds in the amount of$16,150.05. On behalf of the City Mayor Lyne expressed appreciation to the Junior League for all they do and accepted the check, which will go back to our Parks Department. They also presented the City with a poster with signatures of all the bands that participated in 2009 Falls Fest. Item 4 United States Army Reserves 2nd Battalion 354th Regiment 1st Brigade 95th Division Army Reserve Command Sergeant Major and Police Captain Manuel Borrego presented the Mayor and the City with a flag he flew in Afghanistan on September 11, 2009. He thanked the Mayor, Council and City Manager for their support of all city employees who are currently serving in the armed forces supporting the war effort and protecting our boarders. Norman Cochran, 4651 Sierra Madre, spoke to the council regarding the reseeding of areas after city crews have repaired water and sewer line breaks. Mr. Cochran requested the Council place this item on a future agenda and vote on it. Mayor directed that this be placed on the council agenda. 56 Item 5 Minutes of the April 6, 2010 City Council Meeting were approved as distributed. Items 6a-6c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ginnings that the Consent Agenda be approved. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Items 6a-6c Minutes of the following boards and commissioners were received. (a) Traffic Safety Commission, March 3, 2010 (b) Employee Benefits Trust Board, March 11, 2010 (c) WF Economic Development Corporation, March 16, 2010 Item 7a A public hearing was held to determine if certain buildings and/or structures are dangerous. Mayor declared the public hearing open. Council reviewed each of the properties and the following persons spoke to the specific properties listed below. Item 1: 1205 N. 7t' Raymond Balcorta, property owner's son, 1205 N 7th, does not have ownership of the property but he is in the process of transferring the property into his name. He intends to fix it up and move into it. He said he would have the property cleaned up and secured within ten days and would take ownership in a couple of days. Council agreed to give him 30 days to pull a permit and an additional 60 days to show substantial completion of work. Item 4: 515 Marconi Rose Annette Jackson, property owner, 700 N. Pierce, Amarillo TX, stated she had been trying to get to Wichita Falls, TX to take care of the weeds and maintain the property. She commented a fire was deliberately set in the front room. The taxes were in arrears for over $4000. Councilor Smith and Ginnings recommended that she attempt to pay the taxes and allow the City to demolish the structure. Council agreed to leave it on the demolition list. Item 6: 606 Barwise Mildred Dunbar, property owner's daughter, 1001 Redwood Apt. 104, Wichita Falls, TX 76301, said that she had been taking care of the property, and then her son moved in and caught the structure on fire. She requested an additional 90 days to demolish the structure herself to prevent a lien being filed on the property. Council agreed to leave it on the demolition list, but if she pulls a demolition permit within 30 days, she will get an additional 30 days to demolish the structure. Item 11: 1639 Orchard Pete Torres, 1517 11th St, Wichita Falls, TX 76365, purchased the property last week and has pulled a permit to begin work. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. 57 Item 12: 1638 Hamlin Owner, Donna Lee Scheer, 1636 Hamlin, Wichita Falls, TX 76301, requested additional time to renovate and turn the structure into a storage building. She stated that the outside is maintained clean and mowed. The property at 1638 Hamlin was re-plated and added to 1636 Hamlin. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. Item 14: 1233 34th Richard Taylor, owner, 1228 34th Street, Wichita Falls, TX, requested that the structure be removed from the demolition list. He works for Marathon Construction Company and his employer will pull the permit to renovate the structure. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. Item 15: 1435 30th Street Virginia Kent, owner, 4501 Martinique, Wichita Falls, TX 76308, requested additional time to renovate the structure which will be used for storage. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. Item 16: 1402 Oden Julie Juarez, owner's daughter, informed that her mother had passed away and she wanted to know if they could sell the property before it was demolished; she did not want the City to demolish the structure. Council agreed to leave the structure on the demolition list. Item 17: 1402 26th Street Donna Chandler, property owner's relative, 2502 Lancing, Wichita Falls, TX informed that she would like to keep the property in the family and planned to renovate the structure. She stated her uncle was a contractor and would be doing the work. Council agreed to leave this structure on the demolition list. Item 20: 1402 Travis Marcia McCoy, property owner, 1400 Hayes, Wichita Falls, TX 76309 requested additional time to renovate the structure as it was a historical building. Council will vote on this property when the ordinance is presented. Item 21: 1606 Travis Eldron Loyd, property owner, 1108 Austin, Wichita Falls, TX 76301 requested at least a year to renovate the structure since he has other projects he is working on, and he is not ready to start working on this property yet. We keep it mowed and secured. Council will vote on this property when the ordinance is presented. Item 23: 1508 Monroe C.E. Litchfield, Jr. 917 Rambler Dr., Waco, TX. just purchased this property and an arsonist has burned the house since then. He requested the City allow him to demolish the structure. Council agreed to leave it on the list, which will give him 30 days to pull a demolition permit and complete the work. Item 25: 2903 Colquit Jerry Morrill, property owner, 2904 Pennsylvania, Wichita Falls, TX requested additional time to renovate the structure. He has hired RES Construction and Jim Taylor, RES Construction representative, was present to describe the work they intend to do. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. Item 26 2905 Colquit Jerry J. Morrill, property owner, 2904 Pennsylvania, Wichita Falls, TX requested additional time to renovate the structure. RES Construction has been hired to renovate this property also. Council agreed to give the owner 30 days to pull a permit and an additional 60 days to show substantial completion of work. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. 58 Item 7b ORDINANCE NO. 20-2010 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 Item 1: 1205 N. 7th Moved by Councilor Elmore that the owner of 1205 N. 7th be given 30 days to pull a permit and an additional 60 days to show substantial completion. Motion Seconded by Councilor Smith and carried by the following vote: Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Mayor Lyne and Councilor Ginnings Item 20: 1402 Travis Moved by Councilor Elmore that the owner of 1402 Travis be given 30 days to pull a permit and an additional 60 days to show substantial completion. Motion Seconded by Councilor Smith and carried by the following vote: Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Mayor Lyne and Councilor Ginnings Item 21: 1606 Travis Moved by Councilor Elmore that the owner of 1606 Travis be given six months' Extension to pull a permit. Motion Seconded by Councilor Barham. Mr. Eldron Loyd, property owner, stated that it will not be done in six months; I need a year. Motion failed by the following vote. Ayes: Councilor Smith Nays: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Ginnings and Elmore Moved by Councilor Barham that the owner of 1606 Travis be given 11 months to pull a permit and 60 days for substantial completion. Needs to maintain property mowed and secured. Motion Seconded by Councilor Roberts-Burns.and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Moved by Councilor Ginnings that Ordinance No. 20-2010 be passed subject to stated and noted changes first above. Properties allowed 90 day extensions, 30 days to pull a permit and 60 days for substantial completion are as follows: 1205 N. 7th Street, 1639 Orchard, 1638 Hamlin, 1233 34th Street, 1435 30th Street, 1402 Travis, 2903 Colquit, and 2905 Colquit. Property at 1606 Travis was allowed 11 months to pull a permit and 60 days for substantial completion. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None. 59 City Council recessed at 10:40 a.m. and reconvened at 10:50 a.m. Councilor Barham was not in attendance at this time. Item 8a A public hearing was held to consider the application of Conoco Phillips Company to the Texas Commission on Environmental Quality (TECQ)for a Municipal Setting designation (MSD) at 1214 North Eastside Drive. Mayor declared the public meeting open. Public Works Director Russell Schreiber gave background information on the MSD (Municipal Setting Designation) process. Jeffery Bauguss, Environmental Resources Management Southwest, Inc. and Bryan Heath, ConocoPhillips, responded to technical questions from City Council. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 8b RESOLUTION NO. 50-2010 A Resolution Supporting The Application Of ConocoPhillips Company To The Texas Commission On Environmental Quality (TCEQ) For A Municipal Setting Designation At 1214 North Eastside Drive (a.k.a.1214 North Martin Luther King or 1315 Burkburnett Hwy), Wichita Falls, Texas Moved by Councilor Ginnings that Resolution No. 50 -2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 8c ORDINANCE NO. 21-2010 Ordinance Authorizing The Acceptance Of Deed Restrictions Prohibiting The Use Of Designated Groundwater From Beneath The Property Located At 1214 North Eastside Drive (a.k.a.,1214 North Martin Luther King or 1315 Burkburnett Hwy), Wichita Falls, Texas, To Facilitate Certification Of A Municipal Setting Designation (MSD) Of Said Property By The Texas Commission On Environmental Quality (TCEQ) Pursuant To The Texas Solid Waste Disposal Act Moved by Councilor Roberts-Burns that Ordinance No. 21-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 9a Council agreed to discuss the item relating to the reappointment of Judge Gillen under Executive Session. 60 Item 9b ORDINANCE NO. 23-2010 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF WICHITA FALLS, TEXAS, COMBINATION TAX AND REVENUE REFUNDING BONDS, SERIES 2010; ESTABLISHING PROCEDURES FOR THE SALE AND DELIVERY OF THE BONDS; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT AND SECURITY OF SAID BONDS; DECLARING AN EMERGENCY; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT Councilor Barham returned to Council Chambers during discussion of this item. Moved by Councilor Elmore that Ordinance No. 23-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 10f was moved up and considered at this time. Item 10f RESOLUTION NO. 56-2010 Resolution Adopting The Wichita Falls Municipal Airport Master Plan Moved by Councilor Roberts-Burns that Resolution No. 56-2010 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 10c was moved up and considered at this time. Item 10c RESOLUTION NO. 53-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC), And Amending The Budget As Appropriate Moved by Councilor Elmore that Resolution No. 53-2010 be passed. Motion seconded by Councilor Hatcher. Mr. Kip Cummings, Wichita Clutch, and Mr. J.W. Oliver, Buy Dental Equipment, gave presentations on their proposals. Council agreed that this item be discussed in Executive Session. 61 Item 12 City Council went into Executive Session at 12:20 p.m. in accordance with Texas Government Code Sections 551.071, 551.072, 551.074, and 551.087. City Council reconvened at 1:44 p.m. Councilor Roberts-Burns was not in attendance. Mayor announced that no votes or polls were taken during Executive Session. City Council continued with Item 10c. Mayor informed that there was a motion and second to pass Resolution No. 53- 2010; he called for the vote. Ayes: Mayor Lyne, Councilors Barham, Smith Hatcher, Ginnings, and Elmore Nays: None Item 9a ORDINANCE NO. 22-2010 Ordinance Appointing Larry Gillen As Municipal Judge For A Term To Begin On May 21, 2010 Moved by Councilor Elmore that Ordinance No. 22-2010 be passed for a term of four years. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 9c ORDINANCE NO. 24-2010 Ordinance Amending Article II of Chapter 18 of the City Of Wichita Falls Code Of Ordinances To Add Section 18-29, "Off-Airport Rental Car Privilege Fee" to Implement an Off-Airport Privilege Fee of 9% of gross revenue related to off-airport motor vehicle rental customers arriving from Wichita Falls Municipal Airport or Kickapoo Downtown Airport, and Providing A Penalty Of Up To $500 Upon Violation Moved by Councilor Smith that Ordinance No. 24-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 10a RESOLUTION NO. 51-2010 Resolution Awarding the Bid For the 2010 Drainage Improvements Project (CWF08-552-15) to Earth Builders, LP, in an estimated total amount of$436,502.90 Moved by Councilor Hatcher that Resolution No. 51-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 62 Item 10a continued Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 10b RESOLUTION NO. 52-2010 Resolution Authorizing The City Manager To Request The Wichita Falls 4B Sales Tax Corporation Define The Weeks Park Pond Project To Include Landscaping, Trail, Fountain, Gazebo, And Other Amenities Moved by Councilor Ginnings that Resolution No. 52-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 10d RESOLUTION NO. 54-2010 Resolution Approving An Advance Funding Agreement With The Texas Department Of Transportation To Provide For Installation Of Breakaway Light Poles Along Maplewood Avenue From Midwestern Parkway And Kemp Boulevard, Subject To A Local Match Of$23,544 Moved by Councilor Hatcher that Resolution No. 54-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 10e RESOLUTION NO. 55-2010 Resolution Allowing The City Manager To Execute An Airport Facilities Lease And Rental Car Concession Agreement At The Wichita Falls Municipal Airport With The Hertz Corporation And Avis Budget Car Rental, LLC Moved by Councilor Elmore that Resolution No. 55-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 11 a City Clerk Lydia Ozuna provided May 8, 2010 Election Information. City Manager informed that today is Dave Clark, Community Development Director's last council meeting. He is retiring after 17 years with the City of Wichita Falls and he will be sorely missed and we wish him the best in his retirement. 63 Item 11 a continued Mr. Clark stated that it is his 650th council meeting. He thanked the Council for the Vision 20-20 Project and their involvement which has been very evident. You have been a pleasure to work with. I have worked with a phenomenal Community Development staff. He admires the cooperation between the departments and how everybody helps each other and we get things done. It has been a pleasure to work with the City of Wichita Falls. Item 11 b Councilor Elmore wished Mr. Clark well. Councilor Barham congratulated Mr. Clark and commented that retirement is fun. Good luck to you and your wife. Councilor Barham informed that the lakes were up and one is almost up to 90%; that is good with the summer coming up. Councilor Barham mentioned that the Workforce Excellence Award is going to be presented in Arlington tomorrow; that is a big deal. He was glad to see that the Chamber of Commerce along with Region IX have won that award. Congratulations to those groups. Councilor Hatcher dittoed everything that has been said about Dave Clark. I cannot say enough about everything you have done. Councilor Hatcher reminded everyone that Willie Nelson is coming. There are still a few tickets left and we are expecting 2300 people. It is your chance to see a legend. I will be here. Councilor Ginnings commented to Dave Clark that since he held the rope in the Leadership Ropes course, I wonder if you would have turned me loose. That was his first encounter with Mr. Clark. I appreciate your help in my time here. I will always remember this year because I think we did some good work in District 4 and you were a big part of that. Councilor Ginnings mentioned that the Texas Alliance Meeting was sold out; the exhibits are very interesting and they do not cost anything. Councilor Smith welcomed Mr. Clark to the ranks of the retired. I have really enjoyed working with Dave over the three years I have been on the Council. Some of his vision has rubbed off on me as well as the Council. We hope that continues and we ask you to watch us from afar and make recommendations. We do appreciate you and know you look forward to retirement with your wife Rosemary. Mayor Lyne congratulated Dave Clark and stated that he will be sorely missed as far as the City is concerned and I appreciate all the projects that have been done. We as the City appreciate your work along with your staff; good job. Item 13 Moved by Councilor Ginnings that Mr. Tracy Fears be appointed to Place 4 of the Wichita-Wilbarger 911 District with term to expire May 11, 2012. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore City Council adjourned at 2:45 p.m. 64 PASSED AND APPROVED this day of Pr� 2010. /4 ee-0 4 4 LANHAM L NE MAYOR ATTEST: "�' Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, April 20, 2010 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Mark Graham, Pastor Overcoming Word Praise Center International (b) Pledge Of Allegiance 3. Presentation - 2009 Falls Fest Proceeds by Junior League - Stephanie Jones 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 April 6, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Traffic Safety Commission, March 3, 2010 (b) Employee Benefits Trust Board, March 11, 2010 (c) WF Economic Development Corporation, March 16, 2010 City Council Agenda Tuesday, April 20, 2010 Page 2 REGULAR AGENDA 7. (a) Public Hearing to Determine If Certain Buildings And/or Structures To Be Dangerous (b) 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 (Council Bill # 70) 8. (a) Public Hearing On The Application Of ConocoPhillips Company To The Texas Commission On Environmental Quality (TCEQ) For A Municipal Setting Designation (MSD) At 1214 North Eastside Drive (a.k.a.1214 North Martin Luther King or 1315 Burkburnett Hwy) (b) Resolution Supporting The Application Of ConocoPhillips Company To The Texas Commission On Environmental Quality (TCEQ) For A MSD At 1214 N. Eastside Drive (Council Bill # 71) (c) An Ordinance Authorizing The Acceptance Of Deed Restrictions Prohibiting The Use Of Designated Groundwater From Beneath The Property Located At 1214 N. Eastside Drive To Facilitate Certification Of A MSD Of Said Property By The TCEQ Pursuant To The Texas Solid Waste Disposal Act (Council Bill # 72) 9. Ordinances (a) Ordinance Appointing Larry Gillen As Municipal Judge For A Term To Begin On May 21 , 2010 (Council Bill # 73) (b) Ordinance Authorizing The Issuance Of City Of Wichita Falls, Texas, Combination Tax And Revenue Refunding Bonds, Series 2010; Establishing Procedures For The Sale And Delivery Of The Bonds; Levying An Annual Ad Valorem Tax And Providing For The Payment And Security Of Said Bonds; Declaring An Emergency; Providing An Effective Date; And Enacting Other Provisions Relating To The Subject (Council Bill # 74) (c) Ordinance Amending Article II of Chapter 18 of the City Of Wichita Falls Code Of Ordinances To Add Section 18-29, "Off- City Council Agenda Tuesday, April 20, 2010 Page 3 Airport Rental Car Privilege Fee" to Implement an Off-Airport Privilege Fee of 9% of gross revenue related to off-airport motor vehicle rental customers arriving from Wichita Falls Municipal Airport or Kickapoo Downtown Airport, and Providing A Penalty Of Up To $500 Upon Violation (Council Bill # 75) 10. Resolutions (a) Resolution Awarding the Bid For the 2010 Drainage Improvements Project (CWF08-552-15) to Earth Builders, LP, In An Estimated Total Amount Of $436,502.90 (Council Bill # 76) (b) Resolution Authorizing The City Manager To Request The Wichita Falls 4B Sales Tax Corporation Define The Weeks Park Pond Project To Include Landscaping, Trail, Fountain, Gazebo, And Other Amenities (Council Bill # 77) (c) Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC), And Amending The Budget As Appropriate (Council Bill # 78) (d) Resolution To Approve An Advance Funding Agreement with the Texas Department of Transportation To Provide For Installation Of Breakaway Light Poles Along Maplewood Avenue From Midwestern Parkway And Kemp Boulevard, Subject To A Local Match Of $23,544 (Council Bill # 79) (e) Resolution Allowing The City Manager To Execute An Airport Facilities Lease And Rental Car Concession Agreement At The Wichita Falls Municipal Airport With The Hertz Corporation And Avis Budget Car Rental, LLC(Council Bill # 80) (f) Resolution To Adopt The Wichita Falls Municipal Airport Master Plan (Council Bill # 81) 11 . Other Council Matters (a) Staff Council Discussion • Election Information (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Sessions: Executive Session in accordance with Texas Government Code §551 .071, consultation with attorney on matter involving pending or City Council Agenda Tuesday, April 20, 2010 Page 4 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 clutch manufacturing, aircraft manufacturing, washing machine manufacturing, dental equipment refurbishment, teleservice operations, coating manufacturing & distribution, and heat exchanger assembly and manufacturing) 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 Lake Wichita) 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, the Municipal Judge and Members Of the Wichita Wilbarger 9-1-1 District) 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, clutch manufacturing, aircraft manufacturing, washing machine manufacturing, dental equipment refurbishment, teleservice operations, coating manufacturing & distribution, and heat exchanger assembly and manufacturing) 13. Open Session To Consider Appointments To The Following Boards And Commissions: • Wichita Wilbarger 9-1-1 District 14. Adjourn City Council Agenda Tuesday, April 20, 2010 Page 5 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. 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 2010 at o'clock (a.m.)(p.m.). City Clerk