Min 09/15/2009 685
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
September 15, 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 -
Jim Dockery - Assistant City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Lyne called the meeting to order.
Item 2a
Apolinar Segura, Staff Chaplain of the Pastoral Care Department United
Regional Health Care, gave the invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3a
Mayor Lyne proclaimed September 17-23, 2009 as Constitution Week in Wichita
Falls and encouraged citizens to obtain a copy of the Constitution, study and share it
with family and friends as this document has kept our Nation strong and free for 200
years. Representatives of the Daughters of the American Revolution accepted the
proclamation.
Item 4
Ron Roberts, 3404 Wellington, spoke against a tax increase and against
purchasing Castaway Cove.
Gary Church, 504 N. Lamar, wanted to know why he is being charged for double
occupancy in a single home; he is being charged twice for trash pick up.
David Zentgraf, 231 Central Freeway East, asked that Council resolve various
issues related to a limousine service competitor, who is charging less than what is on file
in the City Clerk's Office and verbally abusing Mr. Zentgraf and his limousine business.
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Item 4 continued
Michael Ledue, 1605 Carol Lane, echoed Mr. Zentgraf's concerns and added
that this competitor emailed a contract to a person reflecting that he had sold his
business to him, and "I am not for sale". Mr. Ledue asked Council to address this by
probation or suspension; he is doing nothing but hurting the limousine service in our
City.
Bettie Murphy, 101 Lakewood Drive, spoke against purchasing Castaway Cove
and the Golf Course. She did agree to a one cent tax increase.
Item 5a
Minutes of the September 1, 2009 City Council Meeting were approved as
distributed.
Item 5b
Minutes of the September 8, 2009 City Council Meeting were approved as corrected.
Items 6a-6d
Assistant City Manager gave a briefing on the items listed under the Consent
Agenda.
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
Item 7a
A public hearing was held on the 2009-2010 fiscal year preliminary
budget.
Mayor declared the public hearing open.
Mr. Jim Dockery provided background information on the proposed
Budget.
Bettie Murphy, 101 Lakewood Drive, spoke in favor of a one cent tax
increase but admonished Council not to take on more debt.
Mayor called for additional public comments. There being none Mayor
declared the public hearing closed.
Item 7b
ORDINANCE NO. 62-2009
Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1,
2009 And Ending September 30, 2010, Approving Revisions to the FY 2008-09
Budget, and Declaring An Emergency
Mr. Jim Dockery reviewed the options which were previously provided to Council, as
well as two new options, and how they each differ. The options are as follows.
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Item 7b continued
Option 1 (Recommended by the City Manager).
This option would call for an increase in the property tax rate by 1 penny, from
$0.59526 to $0.60526. This is a 1.7% tax increase and would generate
$442,617. For the owner of a $100,000 home, this is $10 more per year, or 83
cents per month. The City Manager recommends this option because this
minimal tax adjustment will basically make up for the loss in tax revenue
(effective rate), the loss of revenue in the electricity franchise and will adequately
fund the graffiti abatement program. Even with the tax increase, we would need
to spend a total of $492,000 from General Fund reserves. Of this amount, we
would be deficit spending $211,000 for reoccurring operational costs.
Option #2
This scenario would call for an increase in the property tax rate from $0.59526 to
$0.600635. This is the effective tax rate, meaning that approximately the same
taxes will be paid to the City as the previous year. This is a .54% tax increase
and would generate approximately $238,000. For the owner of a $100,000 home,
this is about $5.40 more per year or 45 cents per month. This option requires
more cuts, including freezing of longevity and stability pay. It would also call for
spending a total of $508,041 from General Fund reserves. Of this amount, we
would be deficit spending $227,041 for reoccurring operational costs.
Option #3
This option would leave the property tax rate the same, at $0.59526. Because
the tax valuations are down overall, this means that on average, businesses and
residents could pay less property taxes to the City than they did the year before.
Even more cuts are required to balance the budget, including freezing of
longevity and stability pay and freezing the fire pension contribution. It also calls
for spending a total of$673,948 from General Fund reserves. Of this amount, we
would be deficit spending $392,948 for reoccurring operational costs.
Option #4
This option is identical to Option 1, but also freezes stability and longevity. The
property tax rate would increase by 1 penny, but with the additional cut of stability
and longevity of $42,000, less reserve spending is required for reoccurring
operational costs. This option is the second choice of the City Manager.
Option #5
This option is drafted after Councilor Ginnings idea of maintaining the property
tax rate, but reducing the street repair budget by $600,000 with the thought of
approaching the 4B Sales Tax Corporation for a bond issue of approximately $10
million to include about 5 years of this street repair budget, other streets, water
and sewer line capital improvements. Essentially, it includes everything in Option
1 except the 1 cent increase to the property tax rate, reduces the street budget
by $600,000, and applies the difference of approximately $157,000 to lessen the
reserve spending. This option spends $335,948 in reserves but only for one-
time expenditures. If the 413 Corporation agrees to this bond issue, then the City
would be paying interest and closing costs for this $600,000, but would maintain
the current tax rate. Also, in year six, the General Fund would be faced with
replenishing these street funds.
Option #6
Option 6 is similar to Option 3, but it includes additional cuts on expenditures so
that less reserve spending is required for operational expenses. The additional
cuts include two patrol cars and associated in car videos, a 10% across the
board reduction in travel/training budgets, replacement carpet in the Police
Department, and the Graffiti Abatement Program. It would also call for spending
a total of $613,958 from General Fund reserves. Of this amount, we would be
deficit spending $352,958 for reoccurring operational costs.
Councilor Ginnings offered an alternative - Option 2 with the pursuit of a bond issue
in Option 5.
Moved by Councilor Elmore to approve Option 5.
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Item 7b continued
Motion seconded by Councilor Hatcher and failed by the following vote.
Ayes: Councilors Hatcher, Ginnings and Elmore
Nays: Mayor Lyne, Councilors Barham, Smith, and Roberts-Burns
Moved by Councilor Ginnings to adopt Option 2 with the provision that a 4B bond
issue be instituted for capital items in the Public Works budget.
Motion seconded by Councilor Elmore.
Councilor Elmore stated for the record that he was against a tax increase.
Motion failed by the following vote.
Ayes: Councilors Ginnings and Elmore.
Nays: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, and Hatcher
Moved by Councilor Smith to adopt Option 1.
Motion seconded by Councilor Roberts-Burns.
Moved by Councilor Ginnings to amend the motion by eliminating the stability and
longevity pay from Option 1.
Motion seconded by Councilor Elmore and failed by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings and Elmore.
Nays: Councilors Barham, Smith, Roberts-Burns, and Hatcher
Main motion to adopt Option 1 carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, and Roberts-Burns
Nays: Councilors Hatcher, Ginnings and Elmore
The budget will be based on Option 1.
City Council recessed at 9:55 a.m. and reconvened at 10:05 a.m.
Item 10, Executive Sessions, was taken up at this time.
Items 10a and 10b
City Council went into Executive Session at 10:10 a.m. in accordance with
Texas Government Code Sections 551.071, 551.072, 551.087, and 551.074.
City Council reconvened at 10:14 a.m.
Mayor announced that no votes or polls were taken during Executive
Session.
Item 11(a)2 relating to Castaway Cove Waterpark was considered at this time.
Item 11(a)2
Dr. Lewis Wilson, 2037 Farrington, representing an investor group that owns
Castaway Cove Waterpark presented information on the benefits to the City purchasing the
Waterpark.
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Item 11(a)2 continued
Dave Simon, 11106 Fern Leaf Lane, Corona, California, with A.M.G., a management
company of water parks, has been managing water theme parks for 20 years, as well as
managing Castaway Cove for the past four years. He provided information on his experience
managing city-owned water parks and the benefits gained by municipalities.
Councilor Elmore went on record as stating that he wants the Council to pursue
Castaway Cove Water Park with due diligence, and wants a proposal at the next Council
meeting asking 4B to do whatever is required to purchase Castaway Cove. People miss
opportunities because they are not prepared and because they do not move in a timely
manner. The City now has this opportunity and if this goes away it would be an absolute
crime. It is a tremendous benefit; it would not be a cost but revenue. He is in support of this
purchase.
Item 8c was moved up and considered at this time.
Item 8c
ORDINANCE NO. 65-2009
Ordinance Waiving The Application Of Article IV, Pyrotechnics, Use Of
Propane Cannons And Pistol-Launched Pyrotechnics For Bird Control At
The Harrison Apartments At 2100 Virginia Drive, Declaring An Emergency,
And Declaring An Effective Period of This Ordinance From October 1,
2009 To December 31, 2009
Moved by Councilor Ginnings that Ordinance No. 65-2009 be passed.
Motion seconded by Councilor Smith.
Mr. John Burrus, Director of Aviation, Traffic&Transportation, requested
that the time be extended from December 31, 2009 to June 1, 2010 because of
our relationship with the FAA. We look at wild life management programs in
particular the impact bird strikes will have not only on commercial but military air
craft at SAFB. The extension will help us work with Department of Agriculture to
.be more aggressive in dispersing these birds.
Moved by Councilor Ginnings to amend proposed ordinance by extending
the time to June 1, 2010.
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
Main motion as amended carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings,
and Elmore
Nays: None
Councilor Barham suggested that Legal come up with a permitting
process so we do not have to do this again.
Item 8e
ORDINANCE NO. 67-2009
Ordinance Renaming Medical Drive To Sports Street
Moved by Councilor Hatcher that Ordinance No. 67-2009 be passed.
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Item 8e continued
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
Item 9a
RESOLUTION NO. 126-2009
Resolution Authorizing the City Manager To Execute A Contract With
Habitat For Humanity For Humanity Of Wichita Falls, Inc. Acting As An
Eligible Community Housing Development Organization (CHDO) Under
The Home Investment Partnership Program, In An Amount Of Up To
$76,079.00 Of FY 2007 Home Funds
Moved by Councilor Roberts-Burns that Resolution No. 126-2009 be
passed.
Motion seconded by Councilor Hatcher.
Dan Gray, Executive Director of Habitat for Humanity, 4419 Barbados,
explained how they use the funds and the building process.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 9d
A proposed resolution was presented extending the leave of Officer
Robert Banda pursuant to Texas Local Government Code 143.073.
Mayor stated that Officer Banda has been cleared for modified duty and
that would make this resolution a moot point. City Attorney concurred and added
that we may be coming back in the future with the same thing but at this time it is
moot.
Item 8a
ORDINANCE NO. 63-2009
Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support
Of the Wichita Falls Municipal Government And Providing For The Interest And
Sinking Fund For The 2009-10 Fiscal Year, and Declaring An Emergency
Moved by Councilor Smith that the property tax rate be increased by the
adoption of a tax rate of$.60526 which is effectively a .77 percent increase in the
tax rate and that Ordinance No. 63-2009 be passed reflecting those figures.
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, and Roberts-Burns
Nays: Councilors Hatcher, Ginnings, and Elmore
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Item 8b
ORDINANCE NO. 64-2009
Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal Year
Beginning October 1, 2009 And Ending September 30, 2014
Moved by Councilor Ginnings that Ordinance No. 64-2009 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 8d
ORDINANCE NO. 66-2009
Ordinance Amending Divisions 1, 2 ,3 ,4 ,5, and 8 Of Article II, Water
Service, Of Chapter 106 Of The Wichita Falls Code Of Ordinances, To
Modify Miscellaneous Provisions Of The City Code Relating To Water
Service; And Declaring An Emergency
Moved by Councilor Roberts-Burns that Ordinance No. 66-2009 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 9b
RESOLUTION NO. 127-2009
Resolution Accepting The Service Plan For The Provision Of Municipal
Services For The Proposed Annexation Of Approximately 242.73 acres Of
Land Generally East Of Allendale Road And South Of Kell Boulevard That
Includes Property Owned By North Texas Rural Rail Transportation
District, Pitts Sand And Gravel Inc., And Land Generally Referred To As
The Certain-Teed Or Saint Gobain Vertrotex Property, And Calling Two
Public Hearings On The Proposed Annexation To Be Held On October
2009
Moved by Councilor Roberts-Burns that Resolution No. 127-2009 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
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Item 9c
RESOLUTION NO. 128-2009
Resolution Awarding Bids For Demolition Of Hazardous Structures To
Bouldin Demolition And Clearing, In The Amount Of $7,749.00, To
Weakley Welding In The Amount Of $7,490.00, And To Wilson
Contracting In The Amount Of$19,766.00
Moved by Councilor Ginnings that Resolution No.128-2009 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
Items 10a and 10b
City Council went into Executive Session at 11:15 a.m. in accordance with
Texas Government Code Sections 551.071, 551.072, 551.087, and 551.074.
City Council reconvened at 11:58 a.m.
Mayor announced that no votes or polls were taken during Executive
Session.
Item 11 a
No staff reports.
Item 11 b
Councilor Smith thanked everybody who participated in the Stroll 'N Roll
Museum Day last Saturday. He looks forward to that being a yearly event. He
thanked the volunteers and those who turned out to visit the museums.
Councilor Smith asked for an update on graffiti reporting. Mr. Clark
informed that he is waiting for City Manager's response before moving forward.
Councilor Smith asked about the process for Mr. Bob Oden to return the
property in question to the City. Mr. Clark replied that there is more to that; there
are issues of platting and whether the City is in a position to take it in any case.
He informed that they are working on amending the lien process.
Councilor Ginnings informed that U.S. Attorney's Office sent us a
commendation for the participation of the City's Police Force. City Attorney's
Office, County Sheriff, and District Attorney's Office and his officials in the
apprehension, prosecution, and sentencing of the P.L.M. gang leader; it is a
commendation that includes our people and they need to be recognized for that.
He did not know if it was in the newspaper but It is on our website. He thanked
them for the job they are doing; this is the kind of work we all need in the
community.
Councilor Barham thanked Mr. Dockery, his staff, the Directors and their
staff for all they have done on this budget. We have been through a trying budget
process with differing opinions. It is not an easy decision to raise taxes but it is
one that was made with good valid information and good input from the staff.
Councilor Elmore stated that it is unfortunate the water park information
that was disseminated by the media was one sided or incorrect. It was portrayed
incorrect as to what the actual situation was.
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Item 11 b continued
Councilor Elmore is concerned about the tax rate but he understands
everybody's position and will work with everyone anyway that he can.
Councilor Elmore referred to the tax liens and stated that he is looking
forward to the amendment staff is working on because he has been very
concerned about that.
Councilor Elmore was very pleased with the turn out on Saturday at the
Stroll 'N Roll Museum Day. I am looking forward to next year because I think we
will have a better turn out. He thanked everyone for the effort that was put into it.
Councilor Roberts-Burns was happy to see that Habitat is going to build
approximately ten more houses; that is going to generate funds for TIF#3.
Mayor Lyne commented that we have had a lot of good events in the last
30-45 days which have been very well attended. City and City staff have done a
great job. Another event coming up is Falls Fest and the City is one of the
sponsors. He encouraged everyone to get out to that, enjoy yourselves and have
a good time.
Mayor Lyne thanked the Council and staff in going through the budget
process. Watching other councils throughout the state there was no name calling
here. He commended this Council for being able to discuss and debate hefty
items without demoting themselves to that point. It speaks very well of our City,
the staff, and especially this Council.
Councilor Elmore reminded everyone that the Texas-Oklahoma Fair
begins tonight at MPEC.
City Council adjourned at 12:10 p.m.
PASSED AND APPROVED this day of 2009.
MAYOR PRO TEM
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, September 15, 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: Apolinar Segura, Staff Chaplain,
Pastoral Care Department,
United Regional Health Care System
(b) Pledge Of Allegiance
3. Proclamation:
Constitution Week - Daughters Of The American Revolution
Ann Thomas, Rose Van Meter
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 September 1, 2009 Regular Meeting Of The
Mayor And City Council.
CONSENT AGENDA
6. Receive Minutes
(a) City/County Public Health Board, April 24, 2009
(b) Traffic Safety Commission, June 3, 2009
(c) Traffic Safety Commission, August 5, 2009
(d) Wichita Falls Economic Development Corp., August 4, 2009
City Council Agenda
Tuesday, September 15, 2009
Page 2
REGULAR AGENDA
7. Public Hearings
(a) Public Hearing On The 2009-10 Preliminary Budget.
(b) Ordinance Adopting The Annual Budget For The Fiscal Year
Beginning October 1, 2009 And Ending September 30, 2010,
Approving Revisions To The FY 2008-09 Budget, and Declaring
An Emergency (Council Bill # 193)
8. Ordinances
(a) Ordinance Levying, Assessing, And Fixing The Tax Rate For
The Use And Support Of The Wichita Falls Municipal
Government And Providing For The Interest And Sinking Fund
For The 2009-10 Fiscal Year, and Declaring An Emergency.
(Council Bill #194)
(b) Ordinance Adopting The Five Year Capital Improvement Plan
For The Fiscal Year Beginning October 1 , 2009 And Ending
September 30, 2014 (Council Bill # 195)
(c) Ordinance Waiving The Application Of Article IV, Pyrotechnics,
Of Chapter 50 Of The Wichita Falls City Code To The Daytime
Use Of Propane Cannons And Pistol-Launched Pyrotechnics
For Bird Control At The Harrison Apartments At 2100 Virginia
Drive, Declaring An Emergency, And Declaring An Effective
Period Of This Ordinance From October 1, 2009 To December
31 , 2009. (Council Bill #196)
(d) Ordinance Amending Divisions 1 , 2, 3, 4, 5, And 8 Of Article 11,
Water Service, Of Chapter 106 Of The Wichita Falls Code Of
Ordinances, To Modify Miscellaneous Provisions Of The City
Code Relating To Water Service; And Declaring An
Emergency. (Council Bill #197
(e) Ordinance Renaming Medical Drive To Sports Street. (Council
Bill #198)
9. Resolutions
(a) Resolution Authorizing The City Manager To Execute A
Contract With Habitat For Humanity For Humanity Of Wichita
Falls, Inc. Acting As An Eligible Community Housing
Development Organization (CHDO) Under The Home
Investment Partnership Program, In An Amount Of Up To
$76,079.00 Of FY 2007 Home Funds. (Council Bill #199)
City Council Agenda
Tuesday, September 15, 2009
Page 3
(b) Resolution Accepting The Service Plan For The Provision Of
Municipal Services For The Proposed Annexation Of
Approximately 242.73 Acres Of Land Generally East Of
Allendale Road And South Of Kell Boulevard That Includes
Property Owned By North Texas Rural Rail Transportation
District, Pitts Sand And Gravel Inc., And Land Generally
Referred To As The Certain-Teed Or Saint Gobain Vetrotex
Property, And Calling Two Public Hearings On The Proposed
Annexation To Be Held on October 2009. (Council Bill #200)
(c) Resolution Awarding Bids For Demolition Of Hazardous
Structures To Bouldin Demolition And Clearing, In The Amount
Of $7,749.00, To Weakley Welding In The Amount Of
$7,490.00, And To Wilson Contracting In The Amount Of
$19,766.00 (Council Bill #201)
(d) Resolution extending the leave of Officer Robert Banda
pursuant to Texas Local Government Code § 143.073 (Council
Bill # 202)
10. 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 gang
injunctions and Texas Local Government Code §143.073)
(b) 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, Police
Officer Robert Banda)
11 . Other Council Matters
(a) Staff Council Discussion
1 . Report on Gang injunctions
(b) Discussion of Items of Concern to Members of the City Council
12. Adjourn
City Council Agenda
Tuesday, September 15, 2009
Page 4
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.
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
AMENDED 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, September 15, 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.
ADDENDUM TO REGULAR AGENDA
5. (b) Approval Of Minutes Of September 8, 2009 Special Meeting Of
The Mayor And City Council
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.
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
2008 at o'clock (a.m.)(p.m.).
City Clerk
ADDENDUM TO 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, September 15, 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.
SECOND ADDENDUM TO REGULAR AGENDA
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 gang
injunctions and Texas Local Government Code §143.073 and development
and acquisition of the Castaway Cove Waterpark).
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 the
Castaway Cove Waterpark)
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, Police Officer Robert Banda)
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, potential incentives for the development and acquisition of the Castaway
Cove Waterpark).
Staff Council Discussion
1 . Report on Gang injunctions
2. Castaway Cove Waterpark
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.
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