Min 09/20/2011 294
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
September 20, 2011
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.
Glenn Barham - Mayor
Dorothy Roberts-Burns - Mayor Pro Tern
Michael Smith - Councilors
Annetta Pope -
Rick Hatcher -
Tim Ingle -
Mary Ward - Absent
Jim Dockery - Assistant City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Dr. Bob McCartney, Pastor of First Baptist Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
No one signed up under Public Comments.
Item 4
Minutes of the September 6, 2011 Council meeting were approved as
distributed.
Items 5a-5b
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 Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
295
Items 5a-5b continued
Minutes of the following boards and commissions were received.
(a) Wichita Falls Economic Development Corp. (4A), August 25, 2011
(b) Traffic Safety Commission, August 3, 2011
Item 6a
A public hearing was held on the 2011-12 Preliminary Budget.
Mayor declared the public hearing open.
Mr. Jim Dockery informed that this was the second public hearing and open for
public comments.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 6b
ORDINANCE NO. 49-2011
Ordinance Adopting The Annual Budget For The Fiscal Year Beginning
October 1, 2011 And Ending September 30, 2012, Approving Revisions To
The FY 2010-11 Budget, and Declaring An Emergency
Moved by Councilor Smith that Ordinance No. 49-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 7a
ORDINANCE NO. 50-2011
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 2011-12 Fiscal Year; and Declaring An
Emergency
Moved by Councilor Roberts-Burns that Ordinance No. 50 -2011 be passed
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 7b
ORDINANCE NO. 51-2011
Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal
Year Beginning October 1, 2011 And Ending September 30, 2016.
Moved by Councilor Hatcher that Ordinance No 51-2011 be passed
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, and Ingle
Nays: None
296
Item 7c
ORDINANCE NO. 52-2011
Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas Combination
Tax And Revenue Certificates Of Obligation, Series 2011; Levying An Annual Ad Valorem Tax
And Providing For The Security For And Payment Of Such Certificates; Authorizing The
Execution Of A Bond Purchase Agreement And A Paying Agent/Registrar Agreement;
Approving An Official Statement; Declaring An Emergency; Declaring An Effective Date; And
Authorizing And Enacting Other Matters And Provisions Relating To The Subject
Moved by Councilor Hatcher that Ordinance No. 52-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, and Ingle
Nays: None
Item 7d
Ordinance No. 53-2011
Authorizing The Issuance Of City Of Wichita Falls, Texas, General Obligation Refunding
Bonds, Series 2011; Approving An Official Statement, Authorizing The Execution Of A Bond
Purchase Agreement And An Escrow Deposit Agreement; Making Provisions For The Security
Thereof, Declaring An Emergency; Declaring An Effective Date And Authorizing And Enacting
Other Matters And Provisions Relating To The Subject
Moved by Councilor Roberts-Burns that Ordinance No 53-2011 be passed.
Motion seconded by Councilor Ingle.
Moved by Councilor Smith that proposed ordinance be amended by replacing the
figured $4,290.000 with $4,365,000 throughout this document.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 7e
ORDINANCE NO. 54-2011
Ordinance Amending the Code of Ordinances Of The City Of Wichita Falls To
Modify And Provide Fees And Rates, Providing For Codification, And Declaring
An Emergency And Effective Date
Moved by Councilor Roberts-Burns that Ordinance No 54-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
197
Item 7f
ORDINANCE NO. 55-2011
Ordinance Suspending The Application Of The Dangerous Building Order Of
Ordinance No. 27-2011 to 413 Dallas To Grant Additional Time For Its
Restoration
Moved by Councilor Roberts-Burns that Ordinance No. 55-2011 be passed by
inserting 180 days in each of the blanks.
Motion seconded by Councilor Pope.
Ms. Doris Smith, Pastor of St. Matthews Church, 3005 Cumberland, informed that they
are interested in purchasing this property to rehabilitate it into a parsonage for St. Matthews
Church.
Council consensus was that they would have up to six months to obtain ownership to
this property and additional six months to rehab, for a total of one year including the
rehabilitation.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 7q
ORDINANCE NO. 56-2011
Ordinance Closing, Abandoning, And Vacating An Alley Between Lot 9 And Lot
10 of Block 12, Country Club Estates, Wichita County, Wichita Falls, Texas,
Which Consists Of Approximately 5,470 Square Feet Between 2110 and 2120
Speedway
Moved by Councilor Hatcher that Ordinance No 56-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 8a
RESOLUTION NO. 82-2011
Resolution Authorizing The City Manager To Execute A Contract With Habitat For
Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing
Development Organization (CHDO) Under The HOME Investment Partnership
Program
Moved by Councilor Hatcher that Resolution No 82-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 8b
RESOLUTION NO. 83-2011
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation (WFEDC) And Amending The Budget As
Appropriate In The Total Amount Of $969,250 For Projects
29s
Item 8b continued
Moved by Councilor Hatcher that Resolution No 83-2011 be passed.
Motion seconded by Councilor Smith.
At this time Council went into Executive Session and continued this item after returning
from Executive Session.
Items 10a-10b
City Council went into Executive Session at 10:34 a.m. in accordance with Texas
Government Code 551.071.
City Council reconvened at 11:39 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 8b continued
At this time Council resumed action on Item 8b.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 8c
RESOLUTION NO. 84-2011
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation Budget For Fiscal Year 2011-2012
Moved by Councilor Hatcher that Resolution No 84-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 8d
RESOLUTION NO. 85-2011
Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B
Sales Tax Corporation Budget For Fiscal Year 2011-2012
Moved by Councilor Roberts-Burns that Resolution No 85-2011 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
299
Item 8e
RESOLUTION NO, 86-2011
Resolution Awarding The Bid For The Rehabilitation Of Lake Arrowhead Raw
Water Line Project - Phase 2 CWF11-542-10 To Bowles Construction, Co., In
An Estimated Amount Of $98,800.00.
Moved by Councilor Hatcher that Resolution No 86-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, and Ingle
Nays: None
Item 9a
There were no Staff reports.
Item 9b
Council members brought up the following matters.
Councilor Pope:
a) Completion date on Rosewood Street project. Mr. Schreiber responded.
Councilor Smith:
a) Resuscitation masks for animals on fire trucks. He will donate first one and
encouraged others to do the same.
b) National Night Out pre-party at Kiwanis Park September 27 from 6 p.m. to 7 p.m.
c) Approaching stage 2 of Drought Plan, please water your trees.
d) Sales tax up 2.9% for September
e) Castaway Cove attendees 94,000
f) SAFB Air Show October 1-2
Councilor Hatcher:
a) Falls Fest begins September 30
b) Street lights are out on MILK north of the River
c) Thanked City Manager and staff for the fiscally responsible way they are handling
the City; and we did not have to raise taxes.
d) Thanked employees for sticking by because they went two years without a raise;
There is not a better place to be than here in Wichita Falls.
Councilor Ingle:
a) Air Force Ball was a great time and a wonderful 64'h birthday for the Air Force; it
was well done.
b) Glad we are talking about strategy. We have taken only a small portion of
Economic Development but we need to take responsibility for what we are going to
do next. Government is not responsible for Economic Development; best thing we
can do is get out of the way. Economic Development needs to be looked at from a
different level. Would like for us to see what can be done to make things better.
Hope we can get an outside consultant to look at other best practices.
Councilor Roberts-Burns:
a) Thanked entire City staff for the budget. It is a lot of work and you did a great job.
b) Glad about the five companies with approximately 500 jobs that will be bringing
jobs to our City.
Mayor Barham:
a) Oktoberfest is also coming the first weekend.
b) The Chamber of Commerce & Industry will be establishing an Economic
Development task force and he encouraged anyone who has concerns to volunteer
to serve on that task force, where your remarks would be very appropriate. The
City will have a big presence there. I think we will see a lot of development from
that.
300
Items 10a-10b
Executive Session was held during Item 8b.
Item 11
City Council adjourned at 12:13 p.m.
PASSED AND APPROVED this 4th day of October 2011.
orothy R erts-Burns, Mayor Pro Tern
ATTEST:
Ly Ozuna, yy erk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1
Annetta Pope, District 2
Rick Hatcher, District 3
Uci
a Tim Ingle, District 4
4
Ifa �-6 Mary Ward, District 5
T E X A S
SkW5160�7 Darron Leiker, City Manager ---
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium,
1300 Seventh Street, Tuesday, September 20, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Dr. Bob McCartney, Pastor
First Baptist 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 The September 6, 2011 Regular Meeting Of The
Mayor And City Council
CONSENT AGENDA
5. Receive Minutes
(a) Wichita Falls Economic Development Corp. (4A), August 25, 2011
(b) Traffic Safety Commission, August 3, 2011
REGULAR AGENDA
6. (a) Public Hearing On The 2011-12 Preliminary Budget
(b) Ordinance Adopting The Annual Budget For The Fiscal #140
Year Beginning October 1, 2011 And Ending September
30, 2012, Approving Revisions To The FY 2010-11
Budget, and Declaring An Emergency
7. Ordinances
(a) Ordinance Levying, Assessing, And Fixing The Tax Rate #141
For The Use And Support Of The Wichita Falls Municipal
Government And Providing For The Interest And Sinking
Fund For The 2011-12 Fiscal Year; and Declaring An
Emergency
(b) Ordinance Adopting The Five Year Capital Improvement #142
Plan For The Fiscal Year Beginning October 1, 2011 And
Ending September 30, 2016
(c) Ordinance Authorizing The Issuance And Sale Of City Of #143
Wichita Falls, Texas, Combination Tax And Revenue
Certificates Of Obligation, Series 2011; in the aggregate
principal amount of $3,200,000; Levying An Annual Ad
Valorem Tax And Providing For The Security For And
Payment Of Such Certificates; And Ordaining Other
Matters In Connection Therewith
(d) Ordinance Authorizing The Issuance And Sale Of City Of #144
Wichita Falls, Texas General Obligation Refunding
Bonds, Series 2011; in the aggregate principal amount
of $4,290,000; Levying An Annual Ad Valorem Tax And
Providing For The Security For And Payment Of Such
Bonds; Calling Certain Outstanding Bonds Of The City
For Redemption; And Ordaining Other Matters In
Connection Therewith
(e) Ordinance Amending the Code of Ordinances Of The #145
City Of Wichita Falls To Modify And Provide Fees And
Rates, Providing For Codification, And Declaring An
Emergency And Effective Date
(f) Ordinance Suspending The Application Of The #146
Dangerous Building Order Of Ordinance No. 27-2011 to
413 Dallas To Grant Additional Time For Its Restoration
(g) Ordinance Closing, Abandoning, And Vacating An Alley #147
Between Lot 9 And Lot 10 of Block 12, Country Club
Estates, Wichita County, Wichita Falls, Texas, Which
Consists Of Approximately 5,470 Square Feet between
2110 and 2120 Speedway
8. Resolutions
(a) Resolution Authorizing The City Manager To Execute A #148
Contract With Habitat For Humanity of Wichita Falls, Inc.
Acting As An Eligible Community Housing Development
Organization (CHDO) Under The HOME Investment
Partnership Program
(b) Resolution Approving The Programs And Expenditures #149
Of The Wichita Falls Economic Development
Corporation (WFEDC) And Amending The Budget As
Appropriate In The Total Amount Of $969,250 For
Projects
(c) Resolution Approving The Programs And Expenditures #150
Of The Wichita Falls Economic Development
Corporation (WFEDC) Budget For Fiscal Year 2011-2012
(d) Resolution Approving The Programs And Expenditures #151
Of The Wichita Falls 4B Sales Tax Corporation Budget
For Fiscal Year 2011-2012
(e) Resolution Awarding The Bid For The Rehabilitation Of #152
Lake Arrowhead Raw Water Line Project - Phase 2
CWF11-542-10 To Bowles Construction, Co. In An
Estimated Amount Of $98,800.00
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
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 the Fontenot case, Sheppard
electric line intervention, and economic development projects).
(b) 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, economic
development projects for Wichita Clutch, Ameri-Kal, Arrow
Manufacturing, Albert Moving, and Cryovac).
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
2011 at o'clock (a.m.)(p.m.).
City Clerk