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Min 10/28/2009 713 CITY COUNCIL MINUTES Wichita Falls, Texas Multi-Purpose Events Center October 28, 2009 The City Council of the City of Wichita Falls, Texas met in special session on the above date in room 10 of the Multi-Purpose Events Center, 1000 5th St, Wichita Falls, Texas 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 All City Directors were also in attendance. Mayor Lyne called the meeting to order. Item 2 A Strategic Planning meeting was held to discuss Capital Improvement Projects and funding goals for the City. City Manager gave opening remarks followed by a review of all the Capital Improvement Projects and related financial information presented by Mr. Jim Dockery. Directors addressed their specific Capital Improvement Projects and costs. Mayor announced that the open meeting would continue during a train tour of the Circle Trail. This was open to the public. Council, City Staff, and media participated in the train tour. Following the tour, City Directors continued addressing their Capital Improvement Projects. City Council recessed at 4:00 p.m. and reconvened at 8:30 a.m. on Thursday, October 29, 2009 Item 3a City Council went into Executive Session at 8:30 a.m. 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 potential acquisition of Castaway Cove). 714 Item 3b City Council went into Executive Session at 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 Castaway Cove property). City Council reconvened at 9:35 a.m. Mayor announced that no polls or votes were taken during Executive Session. Capital Improvement Projects were highlighted and staff will provide Council lists to be prioritized of those projects; and with that information staff will provide prioritized lists to Council. City Council adjourned at 12:40 p.m. PASSED AND APPROVED this ��'—day of 2009. MAYOR ATTEST: cam._ L dia Ozuna ity Jerk NOTICE OF MEETING Special Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held At The Multi-Purpose Events Center (MPEC), 1000 5th St., Room 10, Wichita Falls, Texas On Wednesday, October 28, 2009 And (if necessary) Thursday, October 29, 2009 Beginning At 8:30 A.M. each day. 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. Planning Workshop To Include Discussion of Capital Improvement Projects and Funding Goals For The City.* 3. 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 potential acquisition of Castaway Cove). (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 Castaway Cove property). 4. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces located in the front parking lot of the facility. 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. City Council Agenda Wednesday, October 28, 2009 Page 2 *Capital improvements being discussed at this meeting may include any capital improvements to be potentially planned or undertaken by the City of Wichita Falls, and may include, but will not be limited to, construction of streets, sidewalks, trails, traffic control facilities, park facilities, water& sewer improvements, drainage facilities, administrative buildings, law enforcement facilities, fire control facilities, airport improvements, and other public buildings and equipment to perform the aforementioned functions and any other City activities. 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.Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents without further public notice.This agenda has been reviewed and approved by the attorney for the governing body,and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject or description thereof may be legally discussed in a closed meeting. 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 , 2009 at o'clock (a.m.)(p.m.). City Clerk