Min 10/21/2008 • 440
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 21, 2008
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.
Charles Elmore - Mayor Pro Tern
Glenn Barham - Councilors
Michael Smith -
Rick Hatcher -
Jim Ginnings -
Dorothy Roberts-Burns -
Mayor Lanham Lyne - Absent
Darron Leiker - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor Pro Tern Elmore called the meeting to order.
Item 2a
Dr. David Hartman, Pastor First Christian Church, gave the invocation.
Item 2b
Mayor Pro Tern Elmore led in the Pledge of Allegiance.
Item 3b
Mayor Pro Tern proclaimed the month of October 2008 as "Fire Prevention and
Awareness Month in Wichita Falls", and encouraged all our citizens to protect their
homes and families by taking steps to prevent home fires and their tragic consequences.
Item 3a
Fire Marshall David Collins announced the 2008 Fire Prevention Poster Winners
and Mayor Pro Tern presented them with Certificates.
Fire Marshall Collins announced that the winners received savings bonds. He
recognized the all the sponsors, and teachers, as well as administrative staff of all the
Fire Departments for their help. He recognized Mark Inman Insurance Agency and
Jennifer Cartwright, representing Mark Inman Insurance Agency, for donating 10,000
coloring books. He also acknowledged the Midwestern State University Art Department
for judging the posters and the North Texas Regional Advisory Council for funding the
savings bonds.
Winners are as follows.
Kindergarten —
1 st Place Gracie Carroll Southern Hills Elementary
2nd Place Dawson Brady Conville Ben Franklin Elementary
441
Item 3a continued
3rd Place Sergio Hernandez Southern Hills Elementary
First Grade:
1st Place Juan Rivera Alamo Elementary
2"d Place Kelsey Cantrell Fowler Elementary
34 Place Jesse Buckley Fowler Elementary
Second Grade
1 st Place Hulen Mark Howard Christ Academy
2"d Place Daisy James Bible Baptist
Td Place Dylan Debols West Foundation
Third Grade
1 st Place Harrison Cating West Foundation
2"d Place Erica Gates Washington Jackson
3rd Place Madison Chitwood West Foundation
Fourth Grade
1st Place Dominique Broyles Bible Baptist
2"d Place Paige Cantrell Fowler Elementary
3rd Place Graylin Davis Washington Jackson
Fifth Grade
1 st Place Emily Brown Wichita Christian
2"d Place Nichole Saunders Alamo Elementary
3`d Place Alycia Shifflett West Foundation
Sixth Grade
1st Place Claire Eby Zundelowitz Jr. High
2"d Place Brandon Lear Zundelowitz Jr. High
3rd Place Kacie Campagna Zundelowitz Jr. High
Item 3c
Mr. Elmer Emory, University Kiwanis Club, presented the City with a check in the
amount of $6000, concession proceeds from Kiwanis Park. Mr. Emory stated that these
proceeds go back into Kiwanis Park. Mayor Pro Tem accepted the check and expressed
appreciation for their hard work.
Item 3d
Mayor Pro Tem proclaimed October 20 — 24, 2008 as "National Business Women's
Week" and urged all citizens and all civic and fraternal groups, and all educational
associations, all news media and other community organizations to join in this salute to
working women in honor of this V' Anniversary of the Wichita Falls Business and
Professional Women's Club.
Item 4
Gary Patrick, 3100 Hamilton expressed concern about the water rates at the Hawk
Ridge Golf Club. He informed that Hawk Ridge has three sources of water, one meter into
the club house; City water for watering the greens, and canal water from the Wichita Water
Improvement District. The meter to water the greens covers approximately two acres. In
2006 the cost from that meter was $9,085; in 2007 it went to$47,069, and 2008 through nine
months it is at $50,939. We cannot survive with these numbers. We are being treated as a
residential water user and there are no residences out there. The issue is that the more
residential water you use the more you pay per unit, while the more water you use
commercial the less you pay per unit. We feel we are being penalized in two different ways.
In April 2007 a new meter was installed and that is when everything went out of sight. We ask
for this thing to be adjusted where we can continue to provide a service to the citizens. He
stated that they need action and they need it soon.
442
Item 4 continued
Rudy Hawkins, 1339 Covington, requested that the bus stop that is on his front yard
at 1339 Covington be moved either to Covington and Iowa Park Road or Duty and
Covington, where it is not in anyone's yard. His concern is that bus passengers get off the
bus and throw their trash in his yard.
Items 5
Minutes of the October 7, 2008 regular meeting, were approved as distributed.
Item 6
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 Barham and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 6a
RESOLUTION NO. 142-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A FLAMELESS
POTHOLE PATCHER THROUGH THE BUYBOARD PURCHASING
COOPERATIVE FROM FREIGHTLINER OF AUSTIN, IN THE AMOUNT
OF $118,904.00; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Item 6b
RESOLUTION NO. 143-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A JOHN DEERE
TRACTOR THROUGH THE BUYBOARD COOPERATIVE
PURCHASING PROGRAM FROM QUALITY IMPLEMENT COMPANY.,
IN THE AMOUNT OF $74,892.15; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Item 6c
RESOLUTION NO. 144-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE
OF WASTEWATER POLYMER FROM POLYDYNE, INC., IN THE
AMOUNT OF $74,606.40.; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
Item 6d
RESOLUTION NO. 145-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A TYMCO
REGENERATIVE AIR STREET SWEEPER IN THE AMOUNT OF
$157,548.30; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
443
Items 7a-7f
Minutes of the following Boards & Commissions were received.
(a) Civil Service Commission, June 27, 2008
(b) Civil Service Commission, July 17, 2008
(c) Landmark Commission, August 13, 2008
(d) Traffic Safety Commission, September 3, 2008
(e) 4B Sales Tax Corporation, September 4, 2008
(f)Arts Commission, September 23, 2008
Item 8a
A public hearing was held on a Special Service Vehicle Franchise for
Donald Melton DBA Donnie's Limos.
Mayor Pro Tem declared the public hearing open.
City Clerk provided information on Mr. Melton's application for a franchise
requesting two special service vehicle permits.
Mr. John Burrus provided a report on his findings of fact concerning public
convenience and necessity as well as other relevant factors.
Mr. Donald Melton made himself available to answer any questions.
Councilor Ginnings asked for the wheel base on his veicles. Mr. Melton
informed that it had a 120 wheel stretch base.
Mayor Pro Tem asked for additional public comments. There being none,
Mayor Pro Tem declared the public hearing closed.
Item 8b
ORDINANCE NO. 67-2008
ORDINANCE AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE
VEHICLE TO DONALD MELTON DBA DONNIE'S LIMOS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Smith that Ordinance No. 67-2008 be passed.
Motion seconded by Councilor Roberts-Burns.
City Clerk informed that this Ordinance would not go into effect for thirty
days from passage and that Mr. Melton was aware of this.
Motion carried by the following vote.
Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 9a
ORDINANCE NO. 68-2008
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ORDINANCE RENAMING LINWOOD AVENUE TO
LOUIS ESQUIBEL AVENUE; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
444
Item 9a continued
Moved by Councilor Roberts-Burns that Ordinance No. 68-2008 be
passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m.
Item 9b
ORDINANCE NO. 69-2008
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, ARTICLE
III, DIVISION 2, SEC. 2-126 - SEC. 2-131 THAT ESTABLISHES,
DEFINES MEMBERSHIP, AND SETS DUTIES OF THE ARTS
COMMISSION; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
Moved by Councilor Hatcher that Ordinance No. 69 -2008 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 9c
ORDINANCE NO. 70-2008
ORDINANCE AUTHORIZING THE CITY TO MAKE CONTRIBUTIONS
TO THE CITY'S TEXAS MUNICIPAL RETIREMENT SYSTEM
ACCOUNT AT THE ACTUARIALLY DETERMINED RATE OF TOTAL
EMPLOYEE COMPENSATION.; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hatcher that Ordinance No.70-2008 be passed.
Motion seconded by Councilor Roberts-Burns and carried by the following
vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 9d
ORDINANCE NO. 71-2008
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND
FOR EMERGENCY PREPAREDNESS IN THE AMOUNT OF $6,897 RECEIVED
FROM THE FY08 EMERGENCY MANAGEMENT PREFORMANCE GRANT,
AND AUTHORIZING THE CITY MANAGER ACCEPT SAME; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
445 '
Item 9d continued
Moved by Councilor Barham that Ordinance No. 71-2008 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Bums, Hatcher,
and Ginnings
Nays: None
Item 10a
RESOLUTION NO. 146-2008
R $OL N OF THE CITY OF WICHITA FALLS, TEXAS FINDING THAT
ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS
ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES
WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S
REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE
COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING
NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
Moved by Councilor Hatcher Resolution No. 146-2008 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 10b
RESOLUTION NO. 47-2008
A # OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE
CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN
ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND
NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; AUTHORIZING
CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A
CONTRACT FOR ELECTRICITY; APPROVING CAPP CONTRACTING WITH FPL
ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CHAIRMAN OF CAPP
TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF
ELECTRICITY EFFECTIVE JANUARY 1, 2009; COMMITTING TO BUDGET FOR
ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO
PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING
JANUARY 1, 2009 THROUGH DECEMBER 31, 2013; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOL WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Barham Resolution No. 147-2008 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Bums, Hatcher,
and Ginnings
Nays: None
Item 10c
RESOLUTION NO. 148-2008
RIB; p OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY
VOCATIONALLY HANDICAPPED PERSONS; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
446
Item 10c continued
Moved by Councilor Roberts-Burns that Resolution No. 148-2008 be
passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 10d
RESOLUTION NO. 149-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS WITH SEVERAL COMMUNITY SERVICE
ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE
CONVENTION AND TOURISM INDUSTRY; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Ginnings that Resolution No. 149-2008 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 10e
RESOLUTION NO. 150-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE NORTH
BASIN SANITARY SEWER INTERCEPTOR PROJECT CWF08-560-10;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
Moved by Councilor Barham that Resolution No. 150-2008 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 10f
RESOLUTION NO. 151-208
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE CHANGE ORDER NO.1 FOR THE
NORTH BASIN SANITARY SEWER INTERCEPTOR PROJECT (CWF
08-560-10) IN THE AMOUNT OF $174,681.0044-06; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Ginnings that Resolution No. 151-2008 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
447
Item 10f continued
Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 10g
RESOLUTION NO. 152-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, TO APPROVE CHANGE ORDER NO.2 FOR THE
JASPER WATER TREATMENT PLANT NEW 5 MILLION GALLON
CLEARWELL PROJECT, CWF07-544-18; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Roberts-Burns that Resolution No. 152-2008 be
passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Bums, Hatcher,
and Ginnings
Nays: None
Item 10h
RESOLUTION NO. 153-2008
RESOLUTION ACCEPTING NON-PRIMARY ENTITLEMENT GRANTS
FROM THE AVIATION DIVISION OF THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR HANGER CONSTRUCTION PROJECTS AT
KICKAPOO DOWNTOWN AIRPORT; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hatcher that Resolution No. 153-2008 be passed.
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher,
and Ginnings
Nays: None
Item 11a (1)
The American Eagle representative had to leave early; therefore no report
was presented regarding air service from the Wichita Falls Municipal Airport.
Item 11 b
Councilor Smith announced that Friends of Riverside will have their annual
clean up day this Saturday October 25 beginning at 9 a.m. He also announced
that at 11:30 a.m. that morning they will be having a dedication ceremony for a
State of Texas Historical cemetery marker at Riverside Cemetery. They worked
very hard to get that recognition form the State and would appreciate anyone
attending and helping them celebrate that occasion.
` 448
Item 11 b continued
Councilor Smith stated that this morning they discussed briefly with
American Airlines representative their concerns, suggestions and
recommendations and he felt good about that opportunity to meet with him. He
hopes we can continue that kind of contact with him and American Eagle to
continue to work on getting good air travel out of Wichita Falls.
Councilor Ginnings referred to the Ordinance that prohibits parking cars in
front yards and asked if that includes boats and trailers on the grass. Mr. Clark
replied that no parking is permitted on unpaved or grassy surfaces within the area
described as the front yard or exterior side yard unless recognized as the primary
driveway serving the residence; that means no parking, including boats and
trailers.
Councilor Ginnings referred to the Ordinance pertaining to home
occupations and described a residence where motor vehicles are being parked
and the implication that they are running a business out of their home. What can
be done about that? Mr. Clark replied that it depends on what is going on there;
is it a repair business, which is not a legal home occupation; do vehicles belong to
residents coming in from other areas to be repaired. We would have to do that
kind of research. Councilor Ginnings stated that it was a car lot operation. Mr.
Clark replied that they could investigate that.
Councilor Ginnings stated that he had received complaints about noise
from Out Skirts that is offensive, a heavy low frequency base beat, and asked if
there was some technical solution. Mr. Clark replied that if it is not a violation they
could talk to the owners of the facility to see what they could and would do.
Councilor Hatcher had looked into that and recommended that they turn down the
volume especially the frequency level at and below 40 Hz.
Councilor Ginnings asked for an update on coordinating housekeeping
duties with TXDOT. City Manager informed that they had preliminary contact with
TXDOT, and he has asked the City Attorney to research an Attorney General's
Opinion that was written specifically around a county request to do TXDOT
maintenance and the Attorney General said they could not do that; you could not
compete with the private sector. There is some question whether that applies to
cities. Larry Tegmeyer thinks it does but we are not closing the book on that. City
Manager will report to Council when he learns more on that.
Councilor Ginnings asked staff to take care of potholes and rough areas in
the street in front of Southern Hills School.
Councilor Hatcher received a complaint regarding a neighbor dispute
about rollout trash carts. It was suggested that the two neighbors need to work
that out among themselves. Mr. Schreiber stated that the cart needs to be placed
two feet from the curb and suggested that the cart be moved to the other side of
the property.
Councilor Hatcher informed that the District 3 Town hall Meeting was held
and he thanked the staff who attended.
Councilor Hatcher noticed that one of the City buses was at the Senior
Focus with the City bus routes and he thought that was a good idea. Mr. Burrus
gave his staff the credit for that stating that staff was working with the elderly.
Councilor Barham attended the Shrimp and Wine Festival at the Kemp
Center for the Arts and said that it was good food, good music and good
participation. If you missed that you missed a good event and it was for a good
cause. As a Council we need to do more to attend local events.
Councilor Roberts-Burns asked if there was some assistance available for
people who live in homes without utilities. There is concern about fire hazards.
Mrs. Lou Franklin, Health Department Director, stated that unfortunately that
generally turns into an Adult Protective Services situation where they go and
perform an evaluation of the person. There is not much that we as a city can do
except to work with the social services to try to get them the care they need.
Mayor Pro Tern Elmore asked if there was a service of some kind that the
fire that would be used in a situation like this would be safe. Fire Chief Foster
said that they could send the Fire Marshalls out there.
449
Item 11 b continued
Mayor Pro Tern Elmore asked for a report on the residential water rate
situation at the Hawk Ridge Golf Course.
Mr. Dockery informed that we have about 3000 plus irrigation meters in
use. The issue of whether it is a residential rate, it is really a conservation rate.
We call it a residential rate but all our sprinkler meters regardless of whether you
are a residential, commercial, or industrial customer; if it is purely used for outside
watering, the inclining block structure is applied and the reason is for conservation
purposes. The differences in the rate structure for commercial where they get a
flat charge is intended for domestic type meters where they are using water inside
the facility or in the production of their product, etc. It used to be a declining rate
but during this budget process Council adopted a flat rate for commercial. The
theory has been here that the commercial accounts would receive an economic
incentive over and above the residential rates for those types of accounts, but the
accounts used for irrigation purposes are all on the same rate and there are 3000
of those. If we chose to look at that for the Hawk Ridge issue there would be a
multitude of other customers in the same situation. The inclining block rate is an
encouragement to conserve outside watering.
Mayor Pro Tern Elmore asked staff to check for Code violations, tall grass
and weeds, at Hunters Glen and Tinker Trail area. Those houses back up to the
City limits and it may be City property or private. Staff will look into this.
City Council adjourned at 11:25 a.m.
PASSED AND APPROVED this day of )L:�Q UQAnn Q l 4_,0 . 2008.
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, October 21, 2008
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: Dr. David Hartman, Pastor
First Christian Church
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation of Poster Contest Winners — Fire Marshall
(b) Proclamation — Fire Prevention Week — Fire Marshall
(c) University Kiwanis Club Concession Proceeds — Elmer Emory
(d) Proclamation — National Business Women's Week — Business
& Professional Women of Wichita Falls
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 October 7, 2008 Regular Meeting Of The
Mayor And City Council.
CONSENT AGENDA
6. Resolutions
(a) Resolution Authorizing The Purchase Of A Pothole Patching
Truck From Freightliner Of Austin Through The Buyboard
Cooperative Purchasing Program (Council Bill #219)
City Council Agenda
Tuesday, October 21, 2008, 2008
Page 2
(b) Resolution Authorizing The Purchase Of A John Deere Tractor
Through The Buyboard Cooperative Purchasing Program From
Quality Implement Company (Council Bill #220)
(c) Resolution Awarding A Bid For The City's Annual Requirement
Of Wastewater Polymer To Polydyne, Inc. (Council Bill #221)
(d) Resolution Authorizing The Purchase Of A TYMCO
Regenerative Air Street Sweeper Through Houston-Galveston
Area Council Cooperative Purchasing Program (Council Bill
#222)
7. Receive Minutes
(a) Civil Service Commission, June 27, 2008
(b) Civil Service Commission, July 17, 2008
(c) Landmark Commission, August 13, 2008
(d) Traffic Safety Commission, September 3, 2008
(e) 4B Sales Tax Corporation, September 4, 2008
(f) Arts Commission, September 23, 3008
REGULAR AGENDA
8. (a) Public Hearing On A Special Service Vehicle Franchise For
Donald Melton DBA Donnie's Limos
(b) Ordinance Authorizing A Franchise For Special Service
Vehicles To Donald Melton DBA Donnie's Limos (Council Bill
#223)
9. Ordinances
(a) Ordinance Renaming Linwood Avenue To Louis Esquibel
Avenue (Council Bill #224)
(b) Ordinance amending the City Code section that establishes,
defines membership, and sets duties of the Arts Commission
(Council Bill #225)
(c) Ordinance Authorizing The City To Make Contributions To The
City's Texas Municipal Retirement System Account At The
Actuarially Determined Rate Of Total Employee Compensation
(Council Bill #226)
City Council Agenda
Tuesday, October 21, 2008, 2008
Page 3
(d) Ordinance Making An Appropriation To The Special Revenue
Fund For Emergency Preparedness In The Amount Of $6,897
Received From The Emergency Management Performance
Grant (EMPG) (Council Bill #227)
10. Resolutions
(a) Resolution Denying Oncor Electric Company's Requested
Increases To Its Electric Transmission And Distribution Rates
And Charges (Council Bill #228)
(b) Resolution Authorizing The Cities Aggregation Power Project
To Negotiate An Electric Supply Contract For A Five Year
Period Beginning January 1 , 2009 (Council Bill #229)
(c) Resolution Authorizing The City Manager To Execute A
Contract With Work Services Corporation For Services
Provided By Vocationally Handicapped Persons (Council Bill
#230)
(d) Resolution Authorizing The City Manager To Execute Contracts
With Several Community Service Organizations And Entities
That Promote The Convention And Tourism Industry (Council
Bill #231)
(e) Resolution To Award A Bid And Contract For The North Basin
Sanitary Sewer Interceptor Project (Council Bill #232)
(f) Resolution To Approve Change Order No. 1 For The North
Basin Sanitary Sewer Interceptor Project (Council Bill #233)
(g) Resolution to Approve Change Order No. 2 for the Jasper
Water Treatment Plant Five Million Gallon Clearwell Project
(Council Bill #234)
(h) Resolution Accepting A Non-Primary Entitlement Grant From
the Aviation Division Of The Texas Department Of
Transportation For Kickapoo Downtown Airport (Council Bill
#235)
11 . Other Council Matters
(a) Staff Council Discussion
1 . Hear A Report From An American Eagle Representative
About Air Service From The Wichita Falls Municipal
Airport.
(b) Discussion Of Items Of Concern To Members Of The City
Council.
City Council Agenda
Tuesday, October 21, 2008, 2008
Page 4
12. 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.
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