Loading...
Min 08/18/2009 654 r CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 18, 2009 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 called the meeting to order. Item 2a Pastor Kevin Tiaden, St. Paul Lutheran Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Pat Sutton, P.O. Box 8391, spoke in reference to the tax lien against her property, noting that this was her third time before the Council on this matter. She was upset because she felt this matter was not being dealt with appropriately. She gave a history of what she labeled as "facts" on what had taken place since she first came before Council. She said she was going to pay the tax lien because "the City is desperate for money but this money is not going to benefit the City because it is ill-gotten money and you have no right doing it this way". She said that the Council would have been better served if they had gone to the citizens and asked for their help. Item 4 Minutes of the August 4, 2009 City Council Meeting were approved. Items 5-6a City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. w 655 Items 5-6a continued 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 5a RESOLUTION NO. 109-2009 Resolution Authorizing The City Manager To Execute All Documents Necessary To Purchase A John Deere Model 6230 Tractor In The Amount Of $31,250.78 And A 16' Tiger Flail Mower In The Amount Of $48,490.84, Through The Buyboard Cooperative Purchasing Program Item 6a Minutes of the June 10, 2009 Planning &Zoning Commission were received. Item 7a ORDINANCE NO. 52-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Reappointing Dan Tompkins As Substitute Judge Of The Municipal Court For A Term Of Two Years Moved by Councilor Barham that Ordinance No. 52-2009 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 7b ORDINANCE NO. 53-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing The City Manager To Execute All Necessary Documents To Settle Muhlbauer V. City Of Wichita Falls; Civil Action No. 169,075-B And Appropriating Necessary Funds From General Fund Reserves For Settlement Of Said Case Moved by Councilor Roberts-Burns that Ordinance No. 53-2009 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None 656 Item 7c ORDINANCE NO. 54-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating $70,000 To The Special Revenue Fund For The Women Infant and Children Program Of The Wichita Falls-Wichita County Public Health District Moved by Councilor Elmore that Ordinance No. 54-2009 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 7d ORDINANCE NO. 55-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating $381,303 For A Community Development Block Grant— Recovery Program From The United States Department Of Housing And Urban Development Moved by Councilor Roberts-Burns that Ordinance No. 55-2009 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 7e ORDINANCE NO. 56-2009 Ordinance Accepting A $6,000 Grant For Tobacco Compliance From The Texas Comptroller Of Public Accounts For Fiscal Year 2009-2010 And Making An Appropriation To The Special Revenue Fund In The Amount Of$6,000.00 Moved by Councilor Hatcher that Ordinance No. 56-2009 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 7f ORDINANCE NO. 57-2009 Ordinance Accepting $292,833.00 Of Grant Funds From The FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program From The Office Of Justice Programs Of The Department Of Justice, Appropriating Such Funds In The Special Revenue Fund, And Authorizing The Execution Of All Documents Necessary To Accept Such Funds And Share One-Half Of The Non-Administration Expenses With Wichita County 657 Item 7f continued Moved by Councilor Barham that Ordinance No. 57-2009 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 7g ORDINANCE NO. 58-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Making An Appropriation In The Amount Of $583,425 From The United States Department Of Housing And Urban Development For A Homelessness Prevention And Rapid Re-Housing Program Grant Moved by Councilor Roberts-Burns that Ordinance No. 58-2009 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. 110-2009 Resolution Authorizing The City Manager To Execute A Contract With The NORTEX Regional Planning Commission To Operate A Homelessness Prevention And Rapid Re-Housing Program With Funds Received Pursuant To A Grant From The United States Department Of Housing And Urban Development In The Amount Of $583,425 Moved by Councilor Roberts-Burns that Resolution No. 110-2009 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. 111-2009 Resolution Declaring Trustee Properties As Excess Real Property And Authorizing The Properties To Be Offered For Sale At Sealed Bid Moved by Councilor Ginnings that Resolution No. 111-2009 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 ` 658 Item 8c RESOLUTION NO. 112-2009 Resolution Awarding Bid For The 2009 Alley Rehabilitation Project (CWF09-530-07) To McGrath Brothers Construction An Estimated Total Amount Of$212,475.70 Moved by Councilor Ginnings that Resolution No. 112-2009 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 8d RESOLUTION NO. 113-2009 Resolution Awarding A Bid For The Landfill Maintenance Building Foundation Project (CWF09-530-08) To Arlie A. Ashley Construction In An Estimated Total Amount Of$104,675.00 Moved by Councilor Smith that Resolution No. 113-2009 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 8e RESOLUTION NO. 114-2009 Resolution Endorsing An Application For Funding From The Wichita Falls 4B Sales Tax Corporation For The Replacement Of Electronic Panels For The Outdoor Warning System And The Purchase Of Replacement Units In The Amount Of$142,000 Per Year For Four Years Moved by Councilor Roberts-Burns that Resolution No. 114-2009 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 8f RESOLUTION NO. 115-2009 Resolution Endorsing An Application To The Wichita Falls 4B Sales Tax Corporation For Improvements To And Equipment For To The Kay Yeager Coliseum, Ray Clymer Exhibit Hall And J.S. Bridwell Ag Center In The Amount Of$1,147,100 Moved by Councilor Smith that Resolution No. 115-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. r , 659 Item 8f continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 8g This item was considered after the budget workshop. City Council recessed at 10:35 a.m. and reconvened at 10:50 a.m. Item 12 No Executive Session was held. Item 13 City Manager announced that there was no need to hold an Executive Session on this item because the law suit matter was taken care of in open session under Item 7b. Item 14 Moved by Mayor Lyne to appoint Ms. Sara Rugeley to the Helen Farabee Regional Mental Health Mental Retardation Board of Trustees, Place 9, with term to expire August 31, 2011. 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 10a City Manager reported that Dr. George Kazanas, Wichita Falls Independent School District Superintendent, had requested that the City enforce and place signs recognizing the new State law that makes it illegal to be talking on a cell phone and text messaging in a school zone. The state requires a sign be posted underneath the school zone speed limit sign. We are already working in that direction; the signs are being manufactured and will be in place before school starts next week. The law goes into effect September 1 but we want to put that information out and educate the public. Council was in agreement. City Manager will notify Dr. Kazanas of our intentions. City Manager referred to the enforcement red light cameras and stated that two councilors had asked staff to continue to pursue that. He needed direction from Council for staff to put a proposal together and bring it back to Council with a presentation later on. There was a Council consensus that staff proceed and provide them with additional information. Councilor Elmore stated that his question involving that is that there are a lot of lights in town that go through a multiple stage of change when there is no need. There are a lot of lights that could go on blink for all but a couple of hours a day where there is significant traffic and the rest of the time, if we have that capacity, we should put them on a blinker. We have many intersections where the amount of traffic there is minimal or 660 Item 10a continued very limited. He is not averse to putting in red light cameras, but if there is no traffic he would like to see them converted to the point when they can blink on the times when there is not significant traffic in those locations. Before I would be readily agreeable to red light cameras I would like to see more of that particular situation addressed. Mayor directed City Manager to proceed with the research and a presentation. City Manager informed that he would establish a staff committee that would consist of members of the Police Department, Municipal Court, and Traffic Engineering Department. Item 10b Councilor Smith reminded folks that on August 25 American Eagle will be adding another flight from Wichita Falls to DFW Airport. That will give us five flights a day, two of which will be jet flights. Councilor Smith said that Hotter 'n Hell Hundred was coming up and reminded everyone to be especially welcoming to those folks coming into town; and clean up our City. He is looking forward to that. Councilor Smith commented that this week has been a little warmer than usual and many of our City staff work out in that heat everyday, eight hours a day and my hat is off to them, as well as the fire fighters fighting fires in this extreme heat. Councilor Smith noted that the Police Step Program had some results from July. This is a special assignment for our police to look at different areas like seat belts, red light violations. There were 110 speeding tickets, 102 non hazardous tickets, 3 DWIs and 10 other arrests. This is another indication of the work that the Police Department does on a normal basis but as an added part of their regular program they are out there looking for these violations. So many of these are things we should be taking care of, in particular the seat belts; there were 75 seat belt citations, 2 of which were child restraint tickets. That really bothers me and needs to be thought about. Councilor Ginnings stated that he was quoting the City Attorney's opinion when he responded to Mrs. Pat Sutton's questions at the last Council meeting. He thought he was doing a service by answering those questions but that was his reading of the opinion and the City Attorney agreed that he stated it correctly. I would say the same thing again. We had the right to do what we did. He commented that he did not understand questions about things placed of record, either they are placed of record or they are not placed of record, I am convinced that our liens are placed of record and they are over there; anything to the contrary not withstanding. Councilor Ginnings asked for comments from Police Chief Bachman on the drive- by shootings which appear to be increasing. We all need to be together on this. We have applied for a grant to hire four officers for three years and we agreed to continue it for the fourth year. He asked if that grant relates to the formation of a permanent tactical unit. Police Chief replied that it does not; what we can do with these officers is community policing which involves a broad area and in the case of gangs we can do some public education of the neighbors and the juveniles on the bad things gangs do for you, as well as graffiti education/prevention which is related to gangs. I cannot put a community police out on patrol; that is prohibitive. We do plan to plug the officers into programs like being proactive against these types of things gangs, and educating the public in the neighborhoods such as Neighborhood Watches. Councilor Ginnings asked if there was a permanent tactical unit now. Police Chief replied that we do have a tactical unit and a gang unit. Councilor Ginnings confirmed that there is not a need there in terms of this grant or funding, that it is there in place, and in the budget. Police Chief agreed and stated that they will be coming to Council September 1 to accept the COPs grant (Community Oriented Policing) for those four positions. Councilor Ginnings asked if we had received that grant yet. Chief Bachman replied that we had. City Manager replied that we are waiting on the paperwork and contracts. What you are going to see with that money is bolstering of our community policing. 661 Item 10b continued Councilor Ginnings stated that the public needs to know about these education programs and safe housing and that it is something that is working and being expanded, now being expanded to Safe Neighborhoods. Councilor Ginnings commented that in connection with our gang injunction program, some time ago he read or someone told him about this statement from a gang member-"This is our territory and we are going to control it". In other words just defiance to what the City was doing, and that may be the intent of some but I want us to take the position that we are aggressive in neutralizing that kind of attitude. We want safe neighborhoods throughout the City and we are not going to allow that attitude to prevail. Councilor Ginnings informed that we are working toward a third gang injunction area and once that is in place and operating that will also be very helpful. I know that someone can go around at midnight shooting at houses, but even if it is gang versus gang it just has to be unacceptable in this City. I know it is our intent but maybe we need to put some more feet under it to help our police along. I am aware that we are taking positive steps in that regard and if there are others we need to take I hope they will be made known to us. Councilor Hatcher said he was aware of a traffic law relating to a left turn on red on a one-way street to a one-way street after stopping. He asked if a sign could be put up by Arby's on 5th Street. Mr. John Burrus will check into that. Councilor Hatcher stated that he had received a letter from Caleb, Boy Scout in Holliday, and he wanted to tell him that he is going to get that information to him. Councilor Hatcher informed that this Friday and Saturday the City is having its Fourth Annual Blue Grass Festival at MPEC beginning at 5 p.m. on Friday and at 10 a.m. on Saturday. It will be a fun time; I will be there. He invited everyone to be there. He said he gave up tickets to the Dallas Cowboy game to attend the Blue Grass Festival. Councilor Hatcher reiterated that Hotter"n Hell is a week from this weekend and he is in charge of the spaghetti feed and he invited everyone to come eat spaghetti with them. Tickets are $8 and it will be at MPEC. Ice skating will be available. Councilor Hatcher mentioned that there was some drastic construction taking place on Kemp near Southwest Parkway and he would like for everyone to know that all those businesses are open. Elaborate measures have been put in place and a lot of studying done to get the traffic flow in that area on Kemp Street so do not avoid that area; there are businesses there that need your business. You can get through and around there. This project will ultimately take 75 properties out of the flood zone. Do not shy away from south Kemp Street. Councilor Elmore reminded everyone that September 12 is Museum Day and we are going to have a great time downtown. Councilor Elmore asked if the trolleys would be running downtown during Hotter "n Hell for the non participants. Mr. Bob Sullivan informed that Pene Bridges is putting a program together for that Saturday morning for those that are on the property to bring them downtown to the museums. Councilor Elmore asked about the status of the transit center. Mr. Clark informed that they have ordered an appraisal and with its return there will be negations going on. Councilor Elmore asked if the appraisal is back on Hawke Ridge. City Manager replied that it is and staff is looking at that but did not think they were ready to comment at this meeting. Staff will prepare a report and that may be something we want to discuss in executive session. Councilor Elmore reminded everyone that school is starting and he asked everyone to be very very careful because there will be a lot of children out there. Councilor Roberts-Burns informed that on August 10 the County Commissioners had endorsed the creation of a Tax Increment Finance on the east side, the next step is to come before Council. - L � Y 662 Item 10b continued Councilor Roberts-Burns asked staff to check for code violations at Rosewood and Juarez Streets. Mayor Lyne stated that we had just finished the Ranch Roundup and it was one of the biggest ones we have had so far. He mentioned that he saw an ad on television where Oklahoma City is doing a "range roundup" sounds familiar and the logo looks very similar to our Ranch Roundup, but just remember that we were the first. He jokingly commented that maybe we should have a Texas-Oklahoma shootout some time. Mayor Lyne mentioned the Blue Grass Festival stating that if you have not been to one, it is a lot of fun just to hang around and cruise the outlying area where they are picking. Mayor Lyne referred to the Hotter 'n Hell Hundred and commented that there are a lot of people out there training and practicing, please be aware of all the cyclists. It is a huge impact on our economy. Please be welcoming and open to these folks. Item 11 A work session was held to consider the Proposed FY 2009-2010 Budget. City Manager summarized the three options he had previously provided the City Council. Discussion ensued on the three options as well as other suggestions. Items that were discussed to be considered for the 2010 May Election were a bond issue for street maintenance and repairs and splitting the 4A funds into the 4B funds. Item 8 RESOLUTION NO. 116-2009 Resolution Expressing The City Council's Intent To Place A Proposal On A Future Council Agenda Approving A Property Tax Rate That Exceeds The Notice And Public Hearing Limit; Scheduling Two Public Hearings, And Establishing The Date To Vote On Same Moved by Mayor Lyne that Resolution No. 116-2009 be passed by inserting $0.60526 per $100 of assessed value in Item 1. In addition, that the two public hearings be scheduled for September 1, 2009 and September 8, 2009. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, and Ginnings Nays: Councilors Smith, Hatcher and Elmore Item 16 City Council adjourned at 2:00 p.m. PASSED AND APPROVED this day of 2009. 663 r MAYOR i ATTEST: L 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, August 18, 2009 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: Pastor Kevin Tiaden St. Paul Lutheran 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 August 4, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Resolution (a) Resolution Authorizing The City Manager To Execute All Documents Necessary To Purchase A John Deere Model 6230 Tractor In The Amount Of $31 ,250.78 And A 16' Tiger Flail Mower In The Amount Of $48,490.84, Through The Buyboard Cooperative Purchasing Program (Council Bill # 165). 6. Receive Minutes (a) Planning & Zoning Commission, June 10, 2009 City Council Agenda Tuesday, August 18, 2009 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years (Council Bill # 166). (b) Ordinance Authorizing The City Manager To Execute All Necessary Documents To Settle Muhlbauer v. City Of Wichita Falls; Civil Action No. 169,075-B And Appropriating Necessary Funds From General Fund Reserves For Settlement Of Said case (Council Bill # 167). (c) Ordinance Appropriating $70,000 To The Special Revenue Fund For The Women Infant And Children Program Of The Wichita Falls-Wichita County Public Health District (Council Bill # 168). (d) Ordinance Appropriating $381,303 For A Community Development Block Grant — Recovery Program From The United States Department of Housing And Urban Development (Council Bill # 169). (e) Ordinance Accepting A $6,000 Grant For Tobacco Compliance From The Texas Comptroller Of Public Accounts For Fiscal Year 2009-2010 and Appropriating said funds To The Special Revenue Fund (Council Bill # 170). (f) Ordinance Accepting $292,833.00 of Grant Funds From The FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program from The Office of Justice Programs Of The Department of Justice, appropriating such funds In The Special Revenue Fund, and authorizing the execution of all documents necessary to accept such funds and share '/2 of the non- administration expenses with Wichita County. (Council Bill # 171). (g) Ordinance Appropriating $583,425 For A Homelessness Prevention And Rapid Re-Housing Program Grant From The United States Department of Housing And Urban Development (Council Bill # 172). City Council Agenda Tuesday, August 18, 2009 Page 3 8. Resolutions (a) Resolution Authorizing The City Manager To Execute A Contract With The NORTEX Regional Planning Commission To Operate A Homelessness Prevention And Rapid Re-Housing Program With Funds Received Pursuant To A Grant From The United States Department Of Housing And Urban Development In The Amount Of $583,425 (Council Bill # 173). (b) Resolution Declaring Trustee Properties As Excess Real Property And Authorizing The Properties To Be Offered For Sale At Sealed Bid (Council Bill # 174). (c) Resolution Awarding Bid For The 2009 Alley Rehabilitation Project (CWF09-530-07) To McGrath Brothers Construction An Estimated Total Amount Of $212,475.70(Council Bill # 175). (d) Resolution Awarding Bid For The Landfill Maintenance Building Foundation Project (CWF09-530-08) To Arlie A. Ashley Construction In An Estimated Total Amount Of $104,675.00 (Council Bill # 176). (e) Resolution Endorsing an Application for funding from the Wichita Falls 4B Sales Tax Corporation for the replacement of electronic panels for the outdoor warning system and the purchase of replacement units in the amount of $142,000 per year for four years (Council Bill # 177). (f) Resolution Endorsing an Application To the Wichita Falls 4B Sales Tax Corporation for improvements to and equipment for to the Kay Yeager Coliseum, Ray Clymer Exhibit Hall and J.S. Bridwell Ag Center in the amount of $1 ,147,100 (Council Bill # 178). (g) Resolution Expressing The City Council's Intent To Place A Proposal On A Future Council Agenda Approving A Property Tax Rate That Exceeds The Notice And Public Hearing Limit; Scheduling Two Public Hearings, And Establishing The Date To Vote On Same(Council Bill # 179). 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Work Session to Consider Proposed FY 2009-2010 Budget City Council Agenda Tuesday, August 18, 2009 Page 4 12. 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 Helen Farabee Regional MHMR Center Board of Trustees) 13. 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, Muhlbauer v. City of Wichita Falls). 14. Appoint Member of the Helen Farabee Regional MHMR Center Board of Trustees 15. Recess And Reconvene On Wednesday, August 19, 2009, At 8:30 A.M., And Thursday, August 20, 2009, At 8:30 A.M., If Necessary. 16. 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. City Council Agenda Tuesday, August 18, 2009 Page 5 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