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Min 02/16/2010 23 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 16, 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 Reverend Charlie Pearce, Pastor of St. Mark's United Methodist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Bettie Murphy, 101 Lakewood Drive, expressed concern about the possibility of water rates being increased. She suggested that instead of raising water rates, if it was needed, that taxes be increased. Mary Ann Tittsworth, 2810 Barrywood, presented Council with a 40-Day Prayer Guide and stated that they have been praying for them. Items 4 Minutes of the February 2, 2010 City Council Meeting were approved as distributed. Items 5a-5c City Manager gave a briefing on the items listed under the Consent Agenda. 24 Items 5a-5c continued Moved by Councilor Roberts-Burns that the Consent Agenda be approved. 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 Items 5a-5c Minutes of the following boards and commissions were received. (a) MPO Technical Advisory Committee, October 7, 2009 (b) MPO Transportation Policy Committee, October 26, 2009 (c) Park Board, December 3, 2009. Item 6a 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 5: 605 Harding (main, garage accessory structure) Owner: Lorraine Clarke, 226 Maloneys Rd. Parkham, Tasmania Valerie and Willie Rhodes, 1706 Avalon, did not have ownership to this property but felt it was of historical value and did not want it demolished. They have not been able to locate the property owner or relatives but would like to purchase and rehabilitate it. Council agreed to put this off for 45 days to allow time to research owner or relatives, but if there is no solution in 45 days the property will be demolished. Valerie and Willie Rhodes will meet with the City Attorney at 1:00 p.m. today to discuss this situation. Item 10: 810 Dallas Owner: Lee Samuel Beatty, 401 Dallas, Wichita Falls, TX He mentioned that he had done some work but his tools were stolen and his work schedule did not allow him time to work on the structure, however he requested an extension of time. Council agreed to leave it on the demolition list and if nothing was done in 30 days, it would be demolished. Item 12: 1633 Lucas(main and accessory structure) Owner: Shirley Wesbrooks Estate, c/o Mark Wesbrooks, 8151 E. Indian Bend Rd. #115, Scottsdale, AZ 85250 Robert McBride, McBride Remodeling, 1007 Covington, was hired by the Wesbrooks to remodel and Wesbrooks will pay the back taxes. He can pull the permit today and begin working on it immediately. Council agreed to allow 30 days to obtain a permit and pay back taxes and if that is met, an additional 120 days for substantial completion was allowed. Item 15: 1317 33ro Street Owner: Francisco J. Maldonado, 1301 33`d Street, Wichita Falls, TX Francisco Maldonado was accompanied by his son Reynaldo who interpreted for him. The structure is on a foundation, it is gutted out and secured; he requested additional time to complete renovation. Council agreed to allow 30 days to pull a permit and an additional 120 days for substantial completion. Item 20: 1910 Huff(rear apartment) Owner: Romalee Tarno, 1010 Huff She informed that she can get the materials and her son will come and repair it. 25 Item 6a continued Council allowed 30 days to pull a permit and to see if there is any progress; it will remain on the demolition list and if nothing has been accomplished in 30 days, it will be demolished. Item 21: 2609 Linden(main and accessory structure) Owner:Wynona Kessler, 201 N. Beverly She obtained possession of the property in August and has been trying to sell it. Staff will get with her after Council meeting. Council agreed to allow 30 days to pull a permit and see progress and a plan of action, but it will remain on the demolition list. Item 8: 307 Oriole Owner: Ronnie and Connie Blackmon Hector Carrion, 309 Oriole, is the neighbor who has maintained the yard and would be interested in purchasing this property but would need to locate the property owners or surviving relatives. Mr. Carrion resides here but works temporarily in San Antonio. Council was reluctant to take this property off the list. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 6b ORDINANCE NO. 07-2010 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 Moved by Councilor Ginnings that Ordinance No. 07-2010 be passed with the exceptions listed below. Item 5: 605 Harding (main, garage accessory structure) Owner: Lorraine Clarke, 226 Maloneys Rd. Parkham, Tasmania Valerie and Willie Rhodes, 1706 Avalon, are not the owners but wanted time to locate owners to purchase and rehabilitate the property. Council agreed to put this off for 45 days to allow time to research owner or relatives, but if no solution in 45 days the property will be demolished. Item 10: 810 Dallas Owner: Lee Samuel Beatty, 401 Dallas,Wichita Falls, TX Mr. Beatty requested additional time. Council agreed to leave it on the demolition list and if nothing was done in 30 days, it would be demolished. Item 12: 1633 Lucas(main and accessory structure) Owner: Shirley Wesbrooks Estate, c/o Mark Wesbrooks, 8151 E. Indian Bend Rd. #115, Scottsdale,AZ 85250 Robert McBride, McBride Remodeling, was hired by the Wesbrooks to remodel; the Wesbrooks will pay the back taxes, and he will pull the permit today and begin working on it immediately. Council agreed to allow 30 days to obtain a permit and pay back taxes and if that is met, an additional 120 days for substantial completion Item 15: 1317 33'd Street Owner: Francisco J. Maldonado, 1301 33'd Street,Wichita Falls, TX Francisco Maldonado requested additional time to complete renovation. Council agreed to allow 30 days to pull a permit and an additional 120 days for substantial completion. Item 20: 1910 Huff(rear apartment) Owner: Romalee Tarno, 1010 Huff Mrs. Tamo requested additional time for her son to repair it. Council allowed 30 days to pull a permit and work progress; it will remain on the demolition list and if nothing has been done in 30 days, it will be demolished. Item 21: 2609 Linden (main and accessory structure) Owner: Wynona Kessler, 201 N. Beverly Mrs. Kessler asked for additional time to sell this property. Council agreed to allow 30 days to pull a permit; work progress, and a plan of action, but it will remain on the demolition list. Motion seconded by Councilor Smith and carried by the following vote. 26 Item 6b continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 7a ORDINANCE NO. 08-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing A Joint General Election To Be Held On May 8, 2010 For The Purpose Of Electing A Mayor, Councilor District 3, Councilor District 4, And Councilor District 5; Designating Election Precincts; Appointing Election Officials; Establishing Pay Rates For Election Workers; Providing For Notice Of Said Election; Providing For The Use Of Voting Machines; Providing For Early Voting; Establishing Regular Business Hours Of The City Clerk's Office On The Final Two Days Of Early Voting By Personal Appearance; and Declaring an Emergency and Immediate Effective Date Moved by Councilor Elmore that Ordinance No. 08-2010 be passed. Motion seconded by Councilor Roberts-Burns. City Clerk provided details in Spanish. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None City Council recessed at 9:40 a.m. and reconvened at 9:55 a.m. Item 7b ORDINANCE NO. 09-2010 Ordinance Appropriating $131,590 of FEMA Funds Received Pursuant To Hazard Mitigation Grant DR-1791-009 For Acquisition And Mitigation Of Property At 6071 Kiel Lane to the Hazard Mitigation Grant Account, And Authorizing The City Manager And Mayor To Execute All Documents Necessary To Accept And Administer Said Grant Moved by Councilor Roberts-Burns that Ordinance No. 09-2010 be passed. 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 Item 8h was moved up and considered at this time. 27 Item 8h RESOLUTION NO. 29-2010 Resolution Approving The Wichita Falls Economic Development Corporation's Program And Expenditure For The Wireless Data Services, Ltd., D/B/A WDSGlobal Call Center Project In The Amount Of $3,675,000, And Amending The Budget Of The WFEDC To Account For Said Expenditure. Moved by Councilor Barham that Resolution No. 29 -2010 be passed. 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 Item 8g was moved up and considered at this time. Item 8g RESOLUTION NO. 28-2010 Resolution Indicating Council Support For A Request For Funding Of Downtown Intersection Improvements From The Wichita Falls 4B Sales Tax Corporation In The Amount Of$1,000,000 Moved by Councilor Roberts-Burns that Resolution No.28 -2010 be passed. 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 Item 7c ORDINANCE NO. 10-2010 Ordinance Appropriating $30,000 To The Special Revenue Fund For The Women Infant And Children Program Of The Wichita Falls-Wichita County Public Health District For Peer Counseling Services And Authorizing City Staff To Execute All Documents Necessary To Receive and Administer Said Fund Moved by Councilor Roberts-Burns that Ordinance No. 10-2010 be passed. 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 Item 7d ORDINANCE NO. 11-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating To The Special Revenue Fund For Housing Opportunities For Persons with AIDS (HOPWA) Grant Funding In The Amount of $66,000 For The Early Intervention Program, And Authorizing The City 28 Item 7d continued Manager To Execute A Contract And All Other Documents Necessary To Receive Said Funds From Tarrant County For The Wichita Falls-Wichita County Health District Pursuant To The HOPWA Grant. Moved by Councilor Elmore that Ordinance No. 11-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 8a RESOLUTION NO. 22-2010 Resolution Allowing Selected Trustee Properties To Be Re-Sold At The Courthouse Steps By The Wichita County Sheriff Or Constables As Provided By TEXAS TAX CODE §§ 34.05(C) & 34.05(D) Moved by Councilor Hatcher that Resolution No. 22-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 8b RESOLUTION NO 23-2010 Resolution Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept A Comprehensive Selective Traffic Enforcement Program (STEP) Grant For Fiscal Year 2011 From The Texas Department Of Transportation Moved by Councilor Barham that Resolution No. 23-2010 be passed. 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 Item 8c RESOLUTION NO. 24-2010 Resolution Authorizing The Purchase Of 5 Outdoor Warning Sirens And Upgrade Components For 8 Existing Units From American Communication In The Amount Of$119,062.05. Moved by Councilor Roberts-Burns that Resolution No.24-2010 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 29 Item 8d RESOLUTION NO. 25-2010 Resolution Authorizing Implementation Of A Customer Facility Charge At Wichita Falls Municipal Airport Of$3.00 Per Day Upon Each Wichita Falls Municipal Airport Rental Car Company's Customer Rental Contract Moved by Councilor Ginnings that Resolution No. 25-2010 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 8e RESOLUTION NO 26-2010 Resolution Authorizing The City Manager To Execute A Professional Services Agreement With Amusement Aquatic Management Group, Inc., For The Castaway Cove Water Park. Moved by Councilor Elmore that Resolution No. 26-2010 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings, and Elmore Nays: None Item 8f RESOLUTION NO. 27-2010 Resolution Requesting Assistance For Capital Repairs And/Or Improvements To Castaway Cove Water Park From The Wichita Fall 4B Corporation In The Amount Of$325,000 Moved by Councilor Roberts-Burns that Resolution No. 27-2010 be passed. Motion seconded by Councilor Elmore. Councilor Ginnings went on record stating, "When Council considered what it believed to be the value of this project we anticipated that some costs like such as these would be required and we did reduce the valuation that we put on it, by an amount, so that this is not new to us and we did take this into account. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings, and Elmore Nays: None City Council recessed at 11:10 a.m. and reconvened at 11:20 a.m. 30 Item 9a A Voluntary Retirement Incentive Program was presented by Tammy Guerra, Human Resources Manager. A copy of this presentation is on file in the Office of the City Clerk. Council expressed their opinions regarding this program. Majority of Council was not, at this time, in favor of eliminating sworn positions; Council wanted to have input from Fire and Police Chiefs, as well as from the department directors for non-civil service employees. City Manager reiterated that this program is voluntary and part of the program is to visit with both the employees and the directors. He noted that this will not happen without having an impact on City services. This Program is one way to balance the budget, and if there are no Council concerns we are ready to proceed. In regard to the sworn positions, he recommends that he visit with the two Chiefs and if they believe that, after taking a hard look at their departments, that some sworn positions can be eliminated, he will visit with Council to make sure you are comfortable with that. Item 9b Councilor Roberts-Burns was pleased to see the action taken on the demolition of the hazardous structures specifically in District 2. She felt that would improve District 2. Councilor Elmore mentioned the December 24 blizzard and the criticism the City received for its lack of initiation of Code Red. He reiterated what he had previously told the media. That particular blizzard was not a circumstance or situation where Code Red would have been of any benefit to one of the local residents. Code Red is not a situation of information it is an emergency notification and that is what I think it should be. The people that needed notification were the ones that were already out on U.S. 287 because they felt it was not going to be the problem it turned out to be. I think the City did a good job. I was then, and am now, completely against utilizing Code Red for anything other than what it was to be and that was for emergency notification. Councilor Barham commended the Health Department for publicizing restaurant scores; he felt that it is something that will benefit the public. Councilor Hatcher referred to the hazardous structures and expressed concern for those neighbors who have to look at those structures month after month. He encouraged the property owners who find themselves asking Council for more time to just get the work done and be considerate of their neighbors. Councilor Hatcher thanked Monica Morris for helping him find a way to get back to Wichita Falls during the Dallas snow. Councilor Hatcher commented that last weekend there were a lot of events going on at MPEC and Memorial Auditorium. Mr. Bob Sullivan informed that there were six different events at MPEC and a performance at Memorial Auditorium on the same day, and there is a full list of activities coming. Councilor Hatcher did not want to hear that there is nothing to do in Wichita Falls. Councilor Ginnings referred to the property demolition schedule and the questions were raised about not being able to locate the property owners. In speaking to the City Attorney, there is a way but it is expensive, and that is condemnation. We are not really interested in acquiring these properties but that is a way out, but I think that should come from staff. It does offer a means of conclusion. Councilor Ginnings referred to the December blizzard, stating that Council and staff received complaints whether legitimate or not, and action was taken by the City. When the lesser snow was here it was obvious that we had preparations in place and they were performed. He commended City staff on that and hopes that the public realizes that their voice was heard. Councilor Ginnings requested that board/commission minutes be provided more timely to Council. Some are months old. 31 Item 9b continued City Manager explained that the reason was that some boards/commissions may meet in June and not meet again until October and that is when the minutes are approved by the individual boards, and Council may not receive them until November. City Clerk concurred and will provide "draft" minutes to Council in the interim. Councilor Smith mentioned the micro ship scanners for Animal Control but since they have not received any response, he challenged interested persons to contact Lou Franklin at Animal Control. He donated the first one. Councilor Smith encouraged persons with pets to have them neutered or spayed. Mayor Lyne stated that based on the number of events we have happening, Wichita Falls is where it is happening. We need people to turn out to these events and we need to support the events we have. Mayor Lyne felt we have made great progress with Vision 2020 and because of that document it helps us prepare for the future and it lays the groundwork. Tim Chase and his staff at the Chamber of Commerce are doing a great job. We need to congratulate and thank them for what they do. Item 10 No executive session was held. City Council adjourned at 12:10 p. m. PASSED AND APPROVED thi�day of 2010. LANHAM LYNE 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, February 16, 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: Reverend Charlie Pearce, Pastor St. Mark's United Methodist Church (b) Pledge Of Allegiance 3. 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. 4. Approval Of Minutes Of February 2, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Receive Minutes (a) MPO Technical Advisory Committee, October 7, 2009 (b) MPO Transportation Policy Committee, October 26, 2009 (c) Park Board, December 3, 2009 REGULAR AGENDA 6. (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 City Council Agenda Tuesday February 16, 2010 Page 2 Ordinance; And Declaring An Emergency and Immediate Effective Date (Council Bill #29) 7. Ordinances (a) Ordinance Authorizing A Joint General Election To Be Held On May 8, 2010, For The Purpose Of Electing A Mayor, Councilor District 3, Councilor District 4, And Councilor District 5 (Council Bill # 30) (b) An Ordinance Appropriating Funds Received Pursuant To Hazard Mitigation Grant DR-1791-009 For Acquisition And Mitigation Of Property At 6071 Kiel Lane And Authorizing The City Manager And Mayor To Execute All Documents Necessary To Accept And Administer Said Grant (Council Bill # 31) (c) Ordinance Appropriating $30,000 To The Special Revenue Fund For The Women Infant And Children Program Of The Wichita Falls-Wichita County Public Health District For Peer Counseling Services And Authorizing City Staff To Execute All Documents Necessary To Receive Said Funds (Council Bill # 32) (d) Ordinance Appropriating To The Special Revenue Fund For Housing Opportunities For Persons With AIDS (HOPWA) Grant Funding In The Amount Of $66,000 For The Early Intervention Program And Authorizing The City Manager To Execute A Contract And All Other Documents Necessary To Receive Said Funds From Tarrant County (Council Bill # 33) 8. Resolutions (a) Resolution Allowing Trustee Properties To Be Re-sold At The Courthouse Steps By The Wichita County Sheriff Or Constables As Provided By Texas Tax Code §§ 34.05(c) & 34.05(d) (Council Bill # 34) (b) Resolution Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept A Comprehensive Selective Traffic Enforcement Program (STEP) Grant For Fiscal Year 2011 From The Texas Department Of Transportation (Council Bill # 35) (c) Resolution Authorizing The Purchase Of 5 Outdoor Warning Sirens And Upgrade Components For 8 Existing Units From American Communication In The Amount Of $119,062.05 (Council Bill # 36) (d) Resolution Authorizing Implementation Of A Customer Facility Charge At Wichita Falls Municipal Airport Of $3.00 Per Day Upon City Council Agenda Tuesday February 16, 2010 Page 3 Each Wichita Falls Municipal Airport Rental Car Company's Customer Rental Contract (Council Bill # 37) (e) Resolution Authorizing The City Manager To Execute A Professional Services Agreement With AmusementAquatic Management Group, Inc., For The Castaway Cove Water Park (Council Bill # 38) (f) Resolution Requesting Assistance for Capital Repairs and/or improvements to Castaway Cove Water Park from the Wichita Fall 4B Corporation in the amount of $325,000 (Council Bill # 39) (g) Resolution Indicating Council Support For A Request For Funding Of Downtown Intersection Improvements From The Wichita Falls 4B Sales Tax Corporation In The Amount Of $1,000,000 (Council Bill # 40) (h) Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (4A) Including Wireless Data Services, Ltd., D/B/A WDSGlobal Call Center Project In An Amount Of $3,675,000 And Amending The Budget Of The Wichita Falls Economic Development Corporation To Account For Said Expenditure (Council Bill # 41) 9. Other Council Matters (a) Staff Council Discussion • Voluntary Retirement Incentive Program (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Sessions: 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 proposed incentives for aircraft research, development, and manufacturing, telephone call centers, air conditioner manufacturing, bedding manufacturer project, solar panel manufacturing project, coating manufacturing & distribution project, and other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)). 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 City Council Agenda Tuesday February 16, 2010 Page 4 purchase and/or value of various real property interests to be used for incentive agreements with aircraft research, development, and manufacturing, telephone call centers, air conditioner manufacturing, bedding manufacturer project, solar panel manufacturing project, coating manufacturing & distribution project, and projects with other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)). 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 & WFEDC seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City & WFEDC is conducting economic development negotiations (including, but not limited to, aircraft research, development, and manufacturing, telephone call centers, air conditioner manufacturing, bedding manufacturer project, solar panel manufacturing project, coating manufacturing & distribution project, and projects with other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)). 11 . 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. 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