NOTICE of MEETING Regular Meeting of the Mayor and City

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 6, 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: Lt. Colonel Frederick McFarland, Chaplain’s Office, Sheppard AFB (b) Pledge Of Allegiance

3. Presentations (a) Presentation Of American Flag From Iraq – Patrick Bentley, Former Army Specialist (b) Proclamation - HopeLine Domestic Violence Awareness Month- First Step/Verizon Wireless (c) Employee Of The Month - Alan Whitmire, Parks & Recreation

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 15, 2009 Regular Meeting Of The Mayor And City Council.

CONSENT AGENDA

6. Resolutions (a) Resolution Awarding Bid For City’s Annual Supply Of Water Meters To Elster AMCO Water, Inc., In The Amount Of $167,045.00 (Council Bill # 203) (b) Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry (Council Bill # 204) (c) Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For a City employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (Council Bill # 205)

7. Receive Minutes (a) Civil Service Commission, November 13, 2008 (b) Aviation Advisory Board, May 21, 2009 (c) Aviation Advisory Board, July 16, 2009 (d) WF Economic Development Corporation, August 27, 2009 (e) WF Economic Development Corporation, September 9, 2009

REGULAR AGENDA

8. Public Hearing To Review The City’s Juvenile Curfew Ordinance

9. Public Hearing Regarding 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.

10. (a) Public Hearing On Request From Claudio Ramirez, Jr. To Increase The Number of Taxicabs Permitted (b) Ordinance To Increase The Number Of Taxicabs Permitted To All American Cab (Council Bill # 206)

11. (a) Public Hearing On A Request From Claudio Ramirez, Jr., DBA Wichita Limousine & Special Service Vehicles, For A Special Service Vehicle Franchise (b) Ordinance Authorizing A Franchise For A Special Service Vehicle To Operate A Limousine Service To Claudio Ramirez, Jr. (Council Bill # 207) 12. Ordinances (a) Ordinance Rezoning Lots 3 And 4, Block 5, Southland Addition, Also Known As 1104 And 1106 Alma Street, And The Adjacent Alley Right-Of-Way, From Limited Office To Limited Commercial, And Amending The Land Use Plan To Change The Area From Low Density Residential To Light Commercial (Council Bill # 208) (b) Ordinance Amending Section 2-911(8)(d) Of The Wichita Falls Code Of Ordinances to Increase The Fee For Zoning Amendments (Rezoning) (Council Bill # 209) (c) Ordinance Closing, Abandoning, And Vacating A Previously Dedicated 10 Foot Wide (approximately 2,463 Square Feet) Utility Easement in Lot 20, Block 1, Westover Hills Addition/Subdivision, Located At 1907 Wenonah Blvd (Council Bill # 210) (d) Ordinance Amending Section 82-163 Of The Wichita Falls Code Of Ordinances To Increase Fees For Specified Recreational Programs (Council Bill # 211) (e) Ordinance Appropriating To The Special Revenue Fund For The Public Health Emergency Response Grant In The Amount Of $111,653 Received From The Department Of State Health Services and Authorizing The City Manager To Execute All Documents Necessary To Accept, Expend, And Administer Said Funds (Council Bill # 212) (f) Ordinance Accepting Grant Funds For The 2009 Edward Byrne Memorial Justice Assistance Grant Program (Local Solicitation Award #2009-DJ-BX-0326); Appropriating Said Funds In The Special Revenue Fund In The Amount Of $71,232.00, Which Will Be Shared With Co-Applicant, Wichita County, Texas, And Authorizing Execution Of All Necessary Documents To Accept, Expend, And Distribute Said Funds (Council Bill # 213)

13. Resolutions (a) Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation, A 4A Development Corporation, Including, But Not Limited To, The FY 2009-2010 Budget (Council Bill # 214) (b) Resolution Authorizing The City Manager To Execute An Amendment To The Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, Which Will Increase The Amount Payable For Animal Reclaim And Related Services To $14,073.43 Per Month. (Council Bill # 215) (c) Resolution Awarding Bid For The 2009 CDBG Water Main Replacement Project (CWF09-550-12) To Bowles Construction Company, In An Estimated Total Amount Of $224,365.00 (Council Bill # 216) (d) Resolution Authorizing The City Manager To Execute The Attached Professional Services Agreement With Biggs And Mathews Environmental, Inc. For Services Related To The City’s Landfill Permit, In The Amount Of $204,000 (Council Bill # 217) (e) Resolution Awarding Bid For Asbestos Abatement Of Hazardous Structures To EDRS, Inc., dba ERS, In The Amount Of $23,778.00 (Council Bill # 218) (f) Resolution Awarding Bid For Demolition, Clearing And Cleaning Of Hazardous Structures To Weakley’s Dozier In The Amount Of $20,800.00 (Council Bill # 219) (g) Resolution Authorizing The Purchase Of A SWAT Equipment Vehicle Through The General Services Administration Federal Supply Contract, From Farber Specialty Vehicles In The Amount Of $70,565.00. (Council Bill # 220)

14. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council.

15. 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 development adjacent to Lake Wichita, incentive programs of the Wichita Falls Economic Development Corporation, potential acquisition of Castaway Cove, and proposed mineral leases below Lucy Park [via drilling from neighboring properties]). (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of the properties adjacent to Lake Wichita, Castaway Cove property, and mineral estates below Lucy Park [via drilling from neighboring properties). (c) 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, incentives of the Wichita Falls Economic Development Corporation in aerospace industries).

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. 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 ______

CITY COUNCIL AGENDA October 2009 ______ITEM/SUBJECT: Employee of the Month.

INITIATING DEPT: Parks and Recreation

COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, dinner for two and check for $100) to Alan Whitmire

Human Resources Director ______CITY MANAGER'S REMARKS: Staff is proud to present Mr. Alan Whitmire as the employee of the month for October. Alan currently works as a Park Maintenance Coordinator. He has given great service to this community for 43 years and is planning to retire in January 2010. He has been a true asset to the City and will certainly be missed.

City Manager ______ASSOCIATED INFORMATION: Narrative

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 3c

EMPLOYEE OF THE MONTH

FOR

October 2009

NAME : Alan Whitmire

DEPARTMENT: Parks & Recreation

HIRED: July 18, 1966

PRESENT POSITION: Park Maintenance Coordinator

NARRATIVE : On July 18, 1966 Alan came to work for the City of Wichita Falls as a Landscape Architect in the Parks Department. He made a whopping $2.52 an hour. Alan has worked for four Park Directors and four City Managers. He has been a backbone of historical knowledge for many departments in the City of Wichita Falls. People are always coming to him asking “Do You Remember When?” He usually has an answer for them or knows where to go to find it. He has shown more people more things through out the years than we will ever remember. Alan has been responsible for much of what we now know as one of the best looking cities in Texas. He has applied for or been a team player on most of the grants that have helped fund our trail system, Riverbend Nature Center, and many other park improvements. He also worked with Property Management to complete the research and purchase of land for MPEC. He has had to keep countless records for many of these grants, including SBA Tree Grants, used to purchase thousands of trees planted around the City.

As a Landscape Architect, Alan sat at the drafting table and drew by hand most of the maps that show each park and all its amenities. Alan has been a very big part of our department and will truly be missed. He has decided to retire January 18, 2010.

MARITAL STATUS : Alan recently married Lou Smith. Together they have four children, Charles Whitmire, Beth Ann Dallas, Jennifer Groce, and Brandi Smith. They also have ten beautiful and busy grandchildren.

HOBBIES: Alan is very active in his church. He and Lou love traveling to see their children and grandchildren.

CLOSING: Alan’s dedication to the City cannot be questioned. His job performance over the past forty three years has been exceptional. With people like Alan, our city can do nothing but improve.

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Awarding Bid For City’s Annual Supply Of Water Meters To Elster AMCO Water, Inc., In The Amount Of $167,045.00.

INITIATING DEPT: Finance/Purchasing ______COMMENTARY: Bids were opened August 21, 2009, for the City’s annual requirement of water meters. Seven responses were received (bid tabulation attached).

HD Supply submitted an alternate bid for poly meters, which is not acceptable. HD Supply is the low bidder for the 1½“ meter; however they took exception to the City’s required warranty. Elster AMCO Water, Inc., is the next low bidder for the 1½” meter, and the low bidder for all other sizes.

Staff recommends award of bid to the low bidder meeting specifications for each size meter, Elster AMCO Water, Inc., in the amount of $167,045.00.

Budgeted amount: $172,100.00

Asst. City Mgr./CFO Purchasing Agent Director of Public Works ______CITY MANAGER'S REMARKS: Approval of the attached resolution would award a bid for the city’s annual requirement of water meters to Elster AMCO Water, Inc., in the total amount of $167,045. The budget includes $172,100 for the water meter purchase.

City Manager ______ASSOCIATED INFORMATION: Bid Tab, Resolution

BUDGET CERTIFICATION (Account No./ Amount) (550-0000-10720 / Ordered on as needed basis Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 6a

City Council Bill # 203 RESOLUTION NO. ______

Resolution Awarding Bid For The City’s Annual Supply Of Water Meters To Elster AMCO Water, Inc., In The Amount Of $167,045.00

WHEREAS, the City of Wichita Falls advertised and requested bids for the annual supply of water meters, and bids were received and publicly opened on August 21, 2009; and,

WHEREAS, the City Council desires to purchase water meters as needed throughout the year; and,

WHEREAS, HD Supply took exception to the City’s required warranty on the 1½” meter; and thereby failed to comply with all of the bid requirements; and,

WHEREAS, City Council finds that Elster AMCO Water, Inc., is the lowest bidder meeting specifications for the 1½” meter and is the low bidder for all other sizes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The bid for the City’s annual supply of water meters is awarded to Elster AMCO Water, Inc., in a total amount of approximately $167,045.00, and City Staff is authorized to execute all necessary documents to purchase this item from said entity.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry.

INITIATING DEPT: Finance/Community Development ______COMMENTARY: The 2009-10 Adopted Budget includes funds in the Community Development Block Grant Program, Hotel/Motel Fund, and the General Fund for several community service organizations and organizations that promote the convention and tourism industry. These funds were set out in the budget as per the recommendations of the City Council Committee on Outside Agency Funding.

This resolution has been prepared to authorize the City Manager to enter into contracts with these organizations in the amounts, and for the purposes, authorized by the City Council. Due to the number of contracts being authorized, they have not been included in the agenda materials. Each of the contracts follows a similar format; however, there are some provisions in the CDBG contracts that are included to comply with federal grant guidelines. The contract terms follow the same terms and conditions as previous years. They generally provide for the scope of services to be performed by the agency and the specific uses for the funds; a term of one year beginning October 1, 2009 and ending September 30, 2010; maximum compensation; method of payment to the contractors; specific financial reports and records to be generated and maintained; and insurance requirements.

The resolution is recommended for approval.

Assistant City Mgr/CFO Director of Community Development ______CITY MANAGER'S REMARKS: The City Council Committee that oversees funding of outside agencies with certain City dollars has recommended these agencies for this funding for the upcoming fiscal year. The City Council has approved this funding plan through the adoption of the budget. The contracts that specify the terms and conditions of this funding have been drawn up and are ready for signing. This resolution authorizes the signing of the contracts. It is recommended that the approval be granted.

City Manager ______

Agenda item 6b

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Authorizing The City Manager To Execute Contracts With Organizations that Provide Community Services and/or Promote The Convention And Tourism Industry

INITIATING DEPT: Finance/Community Development ______ASSOCIATED INFORMATION: Resolution

BUDGET CERTIFICATION (Account No./ Amount) (100-1360-73110) / ($12,000), (100-1360-73090) / ($90,000), (204-1112-72310) / ($149,308), (204-6873-72310) / $60,000), (278-1240-73350) / ($11,500), (204-6816-72310) / ($50,000), (204-6872- 72170) / ($74,736), (278-1240-73170) / ($75,000)

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

City Council Bill # 204 RESOLUTION NO.

Resolution Authorizing The City Manager To Execute Contracts With Organizations That Provide Community Services And/Or Promote The Convention And Tourism Industry

WHEREAS, the 2009-10 Adopted Budget includes funds for organizations that provide community services and/or promote the convention and tourism industry; and

WHEREAS, the City Council finds that the organizations funded by the hotel occupancy tax (designated below by Hotel/Motel Fund) promote the convention and hotel industry.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The City Manager is hereby authorized to enter into contracts with the following organizations that provide community services and/or promote the convention and tourism industry, in forms to be approved by the City Attorney, in the amounts specified below:

Agency Fund Amount East Lynwood Residents’ Organization General $12,000 (Neighborhood Action Groups) Helen Farabee Regional MHMR Centers General $90,000 Child Care Incorporated (Operations) CDBG $149,308 Senior Citizens Services of North Texas CDBG $60,000 (Meals on Wheels) North Central Texas Medical Foundation CDBG $74,736 Christmas in Action CDBG $50,000 Wichita Falls Arts Commission Hotel/Motel $75,000 River Bend Nature Works Hotel/Motel $6,500 Fantasy of Lights Basketball Hotel/Motel $5,000 PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk

CITY COUNCIL AGENDA October 6, 2009

ITEM/SUBJECT: Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For a City employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs.

INITIATING DEPT: Community Development/Neighborhood Resources Division

COMMENTARY: The City of Wichita Falls must make full public disclosure of any conflict of interest that exists for employees, agents, elected officials or officers of the City of Wichita Falls if that person may gain a financial interest or benefit from various housing programs funded by the U.S. Department of Housing and Urban Development.

The City may request a waiver of the conflict of interest provisions if it is determined that the persons who might benefit or gain a financial interest in the program do not exercise any functions or responsibilities associated with the programs, nor are in a position to participate in a decision-making process. This City employee has applied for and is qualified to receive assistance except that his employer is the City of Wichita Falls.

The City Attorney has issued the opinion that the conflict of interest for which this exception is sought would not violate state or local law.

Director of Community Development CITY MANAGER'S REMARKS: This resolution would allow for a conflict of interest waiver to enable a qualified city employee to participate in various U.S. Department of Housing and Urban Development funded programs.

City Manager

ASSOCIATED INFORMATION:

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney

Agenda item 6c

City Council Bill # 205

RESOLUTION NO. ______

Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs

WHEREAS, the City of Wichita Falls must make full public disclosure of any conflict of interest that exists for employees that may gain a financial interest or benefit from programs funded by the U.S. Department of Housing and Urban Development; and,

WHEREAS, an employee of the City’s Utility Collections office has applied for assistance under this program; and,

WHEREAS, this employee does not exercise any functions or responsibilities associated with the program; and,

WHEREAS, this employee is not in a position to participate in the decision- making process.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The conflict of interest provisions under these various U.S. Department of Housing and Urban Development Programs are waived for the aforementioned City employee.

PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS ’ CIVIL SERVICE COMMISSION

November 13, 2008

Present :

Dr. Floyd Thornton § Commission Members Penny Miller §

Tammy Guerra, Civil Service Director § Julia Vasquez, First Asst. City Attorney § Dennis Bachman, Police Chief § City Staff Earl Foster, Fire Chief § Jim Dockery, Director of HR/CFO § Lydia Ozuna, City Clerk § Linda Merrill, Recording Secretary §

Dr. David Sabine § Kay Sabine § Attendees Brandon Stahlke §

Absent:

Dr. Ernest Dover § Commission Member ______1. CALL TO ORDER

Commissioner Thornton called the meeting to order at 3:15 p.m. City Clerk Lydia Ozuna administered the oath of office to Penny Miller as a member of the Civil Service Commission.

2. APPROVAL OF MINUTES (O CTOBER 20, 2008)

Commissioner Miller moved, seconded by Commissioner Thornton, that the October 20, 2008, minutes be approved. The motion unanimously carried.

3. APPOINT A THREE -MEMBER BOARD COMPOSED OF A PHYSICIAN , PSYCHIATRIST , OR PSYCHOLOGIST , AS APPROPRIATE , TO EXAMINE A FIREFIGHTER PURSUANT TO CHAPTER 143.081 (D) OF THE TEXAS LOCAL GOVERNMENT CODE

Tammy Guerra said this appointment of three physicians to perform a final evaluation is required under Section 143.081. Her recommendation to the Commission is a panel consisting of David Sabine, a Ph.D. and Licensed Clinical Psychologist; Agenda item 7a

Bryan Wieck, MD, Psychiatry; and Jennifer Dismukes, DO, Psychiatry. These physicians all have the ability to move relatively quickly on this process.

Commissioner Thornton moved, seconded by Commissioner Miller, that David Sabine, Bryan Wieck, and Jennifer Dismukes be appointed to serve on a three-member board to examine the firefighter in question. The motion unanimously carried.

6. REPORT FROM POLICE CHIEF

Chief Dennis Bachman said the current Academy will graduate March 27 (it began on October 13). The Department is currently in the recruitment process, and he encourages anyone interested in joining the force to contact the City. One sergeant and two officers retire effective December 31. The retirement of the sergeant will afford a promotional opportunity.

Commissioner Thornton asked how many candidates are currently in training in the Academy. Chief Bachman replied twelve. At the end of this month, the Department will have 12 vacancies.

7. REPORT FROM FIRE CHIEF

Chief Earl Foster updated the Commission on recruitment efforts for firefighter positions for the Academy. From the beginning number of 240 applicants, there are now 37 remaining hopefuls. His interviews of those applicants will take place the first week of December. He anticipates that 12 will be hired for the Academy.

8. ADJOURN

The meeting adjourned at 3:20 p.m.

These minutes were approved by the Civil Service Commission at their September 18, 2009 meeting. ______Dr. Ernest Dover, Commissioner

______Dr. Floyd Thornton, Commissioner

______Penny Miller, Commissioner

Agenda item 7b

Agenda item 7c

MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION

AUGUST 27, 2009

PRESENT :

Gary Shores, Chairman § Gary McLendon § Members Dick Bundy § Lanham Lyne §

Charles Elmore § Council Liaison

Darron Leiker, City Manager § Matt Benoit, Assistant City Manager § City Staff Miles Risley, City Attorney § Linda Merrill, Recording Secretary §

Tim Chase, President § Kevin Pearson, VP, Economic Dev. § Chamber of Commerce & Industry Warren Ayres, Chairman §

Cynthia Laney § Downtown Wichita Falls Development, Inc.

ABSENT :

Dave Lilley § Member

______

1. CALL TO ORDER

The meeting was called to order at 3:58 p.m.

2. APPROVAL OF MINUTES –AUGUST 4, 2009

Mr. Shores noted corrections to the minutes he had discussed with recording secretary Linda Merrill prior to the meeting. Bo Stahler is no longer a member of this Board, should therefore not be listed as “absent.” In addition, Mayor Lanham Lyne should be listed as a present board member, as he was recently appointed to fill Mr. Stahler’s vacated position. (It was noted that Mayor Lyne recused himself from discussions concerning Carter Copter at the August 4 meeting.) With those corrections, Gary McLendon moved that the minutes be approved. The motion unanimously carried.

Agenda item 7d

3. SELECTION OF OFFICERS AS NECESSARY

Mayor Lyne nominated Dick Bundy to serve as Secretary-Treasurer/Vice Chairman, the position formerly held by Mr. Stahler. Seconded by Mr. McLendon, the motion unanimously carried.

4. DISCUSSION OF PROPOSED BUDGET AND CATEGORICAL LIMITATIONS THEREON

Mr. Chase furnished to the Board, per Miles Risley’s suggestion, a program update sent out under attorney-client privilege. Included was a summary of projects, a sample RFP, and a second quarter update. Part of that project summary involved Telco. The City has received an offer letter from this company, which has been signed by Gary Shores and Lanham Lyne. This project has gone from serious tire-kicking to perhaps an actual client. The sense of urgency has changed. Telco questions whether this community can support 600 new jobs in this area. They want the City to test the waters, probably in the form of placing ads. This project has moved forward significantly.

Mr. Chase said the Board routinely budgets up to $30,000 for consulting fees and unforeseen project activities. The following projects have been or will be paid out of this money: Project Eagle needed an architect to draw up building requirements; advertisements will be placed per Telco’s request; and an engineer was hired to make sure the site plan, water retention and water detention work for the proposed Carter Copter site.

1 5. EXECUTIVE SESSIONS

Chairman Shores adjourned the meeting into executive session at 4:05 pursuant to TEXAS GOVERNMENT CODE sections 551.071, 551.087, and 551.072.

1 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 Carter Copter & proposed incentives for creation of primary jobs and retention of primary jobs (as defined by Tex. Local Gov’t Code § 501.002 in aviation industry and in durable good manufacturing industry).

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 WFEDC seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the WFEDC is conducting economic development negotiations (including, but not limited to, Carter Copter & proposed incentives for creation and retention of primary jobs (as defined by Tex. Local Gov’t Code § 501.002) in biodiesel, aviation, and durable good manufacturing industries).

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 various real property interests in the vicinity of the business park and/or airport(s) and/or I-44 corridor area).

He announced the meeting back into regular session at 4:59 p.m. He noted that the subjects described in Footnote 1 were deliberated, and no further action was taken on these subjects in executive session.

Budget Proposal

Mr. Chase said that the proposal for this year’s budget includes the usual request for the 4A Board to pay 40% of his salary, and 100% of the salaries of Kevin Pearson and the Michael Paris, the Vice-President of the Workforce Development. In addition, there is a new request to fund 100% of the salary of the to-be-hired Vice-President of Marketing.

The Sheppard Military Affairs Committee’s request mirrors that of last year.

These above budget requests fall under the category of economic development administrative activities.

He has no detailed budget for the regional marketing initiative, because that committee wants to look at the results of their efforts and create a new scope of work. They are requesting the same amount of funding as last year, pending a more official review.

A total of $499,228 is therefore being requested for Chamber & Military Affairs activities under the heading of administrative expenses. Mr. Shores expressed concern that the 4A board is being asked to vote on a budget without knowledge as to the activities of the positions to be funded. Mr. Chase said he would provide a scope of the work prior to any official vote (with the exception of the new position of vice-president of marketing); these items are presented today for discussion purposes only. Mr. Shores asked if the two new positions are strictly economic development. Chase said there is actually only one new position, the vice-president of marketing. Hiring someone to act in this capacity is the first step to create a community-wide marketing initiative separately called for by Vision 20/20 and the Task Force of the Chamber of Commerce.

Mr. Shores asked if, in addition to the salaries, the 4A Board would be asked to fund a portion of the marketing program. Mr. Chase said the Board would be asked to partially fund this marketing program. There will be a variety of ways to collect this money over a 3-5 year span. Dick Bundy asked if there could be a match provision. Mr. Chase agreed that could be a possibility. This funding is separate and apart from the funding provided by the Board for the Business Park and primary job creation expenditures. He acknowledged that the 4A Board is being asked to fund the lion’s share of these activities, but other entities will also be required to carry their loads. That will be under Mr. Risley’s definition of promotional, for which there is a cap.

Mr. Chase gave a scenario: $3.7 Million is forecast for FY 2010. The 4A Board is asked to fund $100,000 of the economic development marketing initiative. Ten percent of $3.7 Million, minus $100,000, equals $277,000. This sum would be eligible in a pot to use to fund any marketing efforts. Mr. Chase suggested that the Board could earmark 10% of the ’09 receipts for marketing,

minus the amount already paid, without having a specific scope of work. The Board would then be at liberty to reach back into those funds as needed.

Mr. Shores said that, at the Board’s next meeting, he wants information from other cities the size of Wichita Falls that use their 4A funds for such a purpose, and their results. Mr. Chase agreed to do that.

Mr. Bundy asked the proposed salary for the vice-president of marketing. Mr. Chase said $100,000. The idea is to find someone who is good at this type of work, rather than hire a rookie and hope for the best.

Mr. Shores asked Mr. Chase what he anticipates the cost to be for any projects this new vice- president of marketing may propose. Mr. Chase said that based on the consultant’s presentation to be made tomorrow, it would cost $660,000 to do all the recommended projects. The proposal is made up of far more activities than can be realistically undertaken. Mr. Shores hypothesized that if $500,000 is needed to follow the consultant’s suggestions, would that funding be sought from the 4A Board? Mr. Chase said the public sector should partner in this initiative, but the 4A Board would be requested to fund it, as well. He thought a good start would be 50/50; it would be a good challenge for the community. Kevin Pearson asked over what period of time the proposed $660,000 would be needed. Mr. Chase said it would cover 15-16 months.

Mr. Shores asked how much the 4A Board is going to be asked to pay by 2011 for all the marketing programs and salaries. Mr. Lyne said up to $370,000 for marketing, and $499,000 for administrative expenses. Mr. Shores said, assuming $3.7 Million in revenue, that is 20% of the income of the 4A Board.

The next meeting was scheduled for Wednesday, September 9 at 4:00 p.m.

Mr. Benoit suggested to Cynthia Laney that she may want to send an email to the Board members in advance of the September 9 meeting, and attend the meeting to discuss funding requests. Ms. Laney said she will be in attendance.

6. ADJOURN

The meeting adjourned at 5:25 p.m.

These minutes were approved by the WFEDC at its meeting of September 9, 2009.

______Gary Shores, Chairman

MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION

September 9, 2009

PRESENT :

Gary Shores, Chairman § Members Gary McLendon § Dick Bundy § Lanham Lyne §

Charles Elmore § Council Liaison

Darron Leiker, City Manager § City Staff Matt Benoit, Assistant City Manager § Miles Risley, City Attorney § Linda Merrill, Recording Secretary §

Tim Chase, President § Chamber of Commerce & Industry Kevin Pearson, VP, Economic Dev. § Warren Ayres, Chairman §

Jeff Stambaugh § Idea Wichita Falls/Lalani Center

Tom Whaylen § Sheppard Military Affairs Committee

Cynthia Laney § Downtown Wichita Falls Development, Inc. Andy Lee § Rowena Jackson, Wichita Theater §

Dusty Johnston § Vernon College Gary Don Harkey §

ABSENT :

Dave Lilley § Member

______

1. CALL TO ORDER

Chairman Gary Shores called the meeting to order at 4:02 p.m.

Agenda item 7e

2. APPROVAL OF MINUTES (A UGUST 27, 2009)

Item Number 4 2 was deleted in its entirety. Warren Ayres, a meeting attendee, was incorrectly identified as a member of the Military Affairs Committee, rather than as Chairman of the Chamber of Commerce. Dick Bundy moved, seconded by Gary McLendon, that the minutes as amended be approved. The motion unanimously carried.

3. SELECTION OF OFFICERS AS NECESSARY

This item was addressed at the August 27, 2009 meeting. No further action is necessary.

4. BUSINESS PLAN CONTEST (A MENDMENT OF FY 2008-09 BUDGET )

Jeff Stambaugh from MSU spoke regarding the funding request for Idea Wichita Falls, a regional business plan competition. The requested $15,000 would help fund the prize money and the marketing of the campaign. Approximately $50,000 has been raised from the business community ($23,000 in cash pledges and $25,000 worth of in-kind services). Idea Wichita Falls is about economic development. Qualifying businesses must estimate that 75% or more of the revenue from their operations will come from outside Wichita, Archer or Clay counties.

Miles Risley said the Board may fund this request from either its 2008-09, or its 2009-10, budget year. It would be considered a promotional expense. Matt Benoit added that the 2009-10 budget year starts October 1, which should be soon enough to provide this funding.

Lanham Lyne moved that the 4A Board recommend to the City Council the expenditure of 4A funds in the sum of $15,000 for Idea Wichita Falls, with $3,500 of such expenditure used toward advertising and publicizing the City for the purpose of developing new and expanded business enterprises, and the balance of $11,500 used for administration of the projects that create primary jobs. The motion was seconded by Dick Bundy, and unanimously carried.

Mayor Lyne asked the response to this contest. Mr. Stambaugh said 20 people attended the orientation sessions, of which he surmised about 2/3 are serious contenders. In the past 44 hours, they have logged almost 800 hits on the website for this contest, with each visitor staying an average of four minutes. Mr. Stambaugh thanked the Board for its support.

5. DOWNTOWN WICHITA FALLS PROMOTION (A MENDMENT OF FY 2008- 09 BUDGET )

Cynthia Laney expressed her appreciation to the Board members for the opportunity to appear before them today. Downtown Wichita Falls Development is seeking funding for its 2010 fiscal year. In the past, they were partially funded by the TIF 1 District. However, that District expired in December 2008. The organization is now operating on its and the TIF District’s

2 “Carter Copter Construction Project – Proposed Incentives For Carter Aviation Technologies (And Related Entities) Up To An Additional $250,000 Of “Costs” For Land, Buildings, And/Or Equipment For Aircraft Research, Development, And Manufacturing At A Location To Be Determined.”

reserves. It is the only voice of downtown Wichita Falls, and as such, this funding request falls under the promotional category. They promote not only downtown Wichita Falls, but the city as a whole. They have applied for a grant and are working on sustainability, but at present need gap financing over the next couple of years.

Mayor Lyne asked how much is being requested. Ms. Laney replied one year of funding, or $120,000. Chairman Shores asked if all their funding had previously come from the TIF 1 District. Ms. Laney replied about 75% came from TIF; the remaining 25% came from membership dues, at $50 per year, and various events and grant funds. They intend to go back to their members to determine if an increase in membership dues is feasible.

They have received $20,000 over the past two years from the Bridwell Foundation, which has provided financial support since 2002. They have applications in to the Priddy, Bridwell, and Bryant Edwards foundations, and have sent a letter to Perkins/Prothro. Their attempt to garner grant funds from Burlington Northern was unsuccessful.

Downtown Wichita Falls has 156 members, up from the 86 members it had when she came to Wichita Falls in 2006. At that time, the organization earned $3,000 a year in membership fees; that sum is now $5,200. Mr. McLendon asked the potential for new members. Ms. Laney said that a new database reveals approximately 681 businesses within a half mile radius of 8 th and Scott streets. That is their new target area.

Chairman Shores asked if this request would be a recurring one. Ms. Laney hoped that this funding, coupled with reserves and grant money, would get the organization through fiscal year 2011. She hopes at that time there will be another TIF district in the downtown area. In addition, she has been talking with property owners about the possibility of creating a Business Improvement District (BID), whereby self-assessed funds would be used to provide enhanced services to the area. Property owners want security, cleanliness, and landscaping. These issues could be addressed through a BID. The entity could help fund the cost of another officer assigned to a downtown beat. It could also take over the maintenance of trees planted by the City. They have looked into the possibility of contracting for the use of a spray wash machine, but that has proved to be quite costly.

Mr. Bundy asked the entity’s annual operating budget. Ms. Laney replied $120,000. Mr. McLendon asked if the organization gets much cooperation from the owners of vacant buildings. Ms. Laney said there are a lot of absentee property owners who are not interested in their efforts. However, this past July, she received four phone calls, and four site visits, from people interested in downtown. Four new businesses moved into the area in July. She is working with other projects that she is extremely hopeful will be moving forward. Chairman Shores asked if that would include the North Texas Health Consortium, to which she affirmatively replied.

Mayor Lyne asked if this funding is identified in the current budget. Mr. Benoit said he put it in the upcoming fiscal year, and the monies would be available October 1. Mayor Lyne stated that Downtown Wichita Falls’ operating budget is $120,000, the amount of the request before the Board. This request in effect assumes the organization will receive no other funds; he does not like the idea of the 4A Board funding 100% of anyone’s budget. Ms. Laney said that

she hopes these funds carry them through the next couple of years, when combined with cash reserves and prospective grants. Mayor Lyne said that he would want to receive periodic updates. Ms. Laney replied absolutely. With that assurance, Mayor Lyne moved to recommend that the City Council amend the 4A Budget to award the requested $120,000 to Downtown Wichita Falls Development. Mr. Bundy seconded the motion. Mr. Risley clarified that the $120,000 would come from the 2009-10 fiscal year budget.

Rowena Jackson, a member of the Jackson family who owns the Wichita Theater, said they are investing $350,000 to $450,000 in renovation of the Noble Building. This summer, the Wichita Theater drew in patrons from 60 cities in this general area. Three years ago, the theater’s gross income was $95,000; today, it is $351,000. Chairman Shores said that is outstanding, and thanked her for her participation in today’s meeting.

Andy Lee touched on the various economic opportunities available downtown. The former Sears building is owned by a Dallas developer and is being marketed. At one time, it was almost the site of a bowling equipment manufacturing facility, but that business ultimately went to China. He is personally marketing the former Texas Electric building.

The downtown district’s boundaries include the medical district, Kell freeway, MPEC, and the Eastside, which encompasses a large number of employees; there are 6,000 medical employees alone in a one-mile radius.

The idea of renovating the old Holt Hotel was viewed skeptically at one time, but now Burcamp Steel has moved its office headquarters into the restored building. Most of the Board members either office downtown, or work for businesses who have downtown offices.

The organization’s marketing budget is slim. They do bring in some money from downtown festivals. Ms. Laney said an average of 12,000 to 15,000 people attend the various festivals per year. Mr. Lee added that festivals are a good way to showcase Wichita Falls.

Chairman Shores thanked Mr. Lee for his comments. He called the question, and it was approved unanimously. Ms. Laney thanked the Board and said they would not let them down.

6. ALLOCATION OF $312,269.50 FOR PROMOTIONAL EXPENDITURES (WITH EXPENDITURE DETAILS TO BE DECIDED & APPROVED LATER ) FOR FY 2008- 2009

Mr. Risley said the request is 10% of the total estimated revenues from the 2008-09 fiscal year budget, or $312,269.50. The details of the promotional expenditures are to be approved at a later date. Chairman Shores expressed concern that the Board was being asked to approve funding prior to the promotional activities being finalized. Mr. Chase said there is an Attorney General ruling that allows funds to be carried forward and spent in subsequent years, provided all of the potential marketing money in a given year is allocated. Otherwise, those funds are lost. Chairman Shores said the request is “not to exceed” the requested sum. Mr. Chase agreed.

Mr. Risley pointed out that the Board typically allocates and authorizes expenditures; this request is simply an allocation. Any expenditures from these funds must have prior approval from the Board.

Mr. Benoit said he took 10% of the total estimated revenue, and backed out 75% of the regional market task force, and the $50,000 payment allocated for hck2 (both promotional expenses). That leaves an unencumbered promotional expense of $312,269.50 in this fiscal year (the amount will be less in the next fiscal year).

Chairman Shores again expressed reluctance to approve this figure without knowing the details of the promotional program. But he acknowledged that any expenditure request would have to be brought before the Board for prior approval. Mayor Lyne moved that the 4A Board recommend to the City Council that it amend the 4A Board’s budget to allocate $312,269.50 for promotional expenditures for a community-wide marketing campaign out of the 2008-09 fiscal year, provided that prior approval must be obtained from the Board for any expenditure(s). Mr. Bundy seconded the motion. It carried unanimously.

7. FY 2009-2010 BUDGET APPROVAL

Mr. Risley noted that Mr. Benoit had a handout of a slightly modified budget. Mr. Benoit said the last expenditure listed, the City of Wichita Falls administration expense of $10,000, was not on the version previously emailed to the Board.

Chairman Shores observed that the same sales tax figures of 2009 were being used for the 2010 budget, when the actual is $1.5 Million less than that. Mr. Benoit noted that the sales tax collection figures always lag by at least two months. The figure on the budget probably only represents about nine months of collections. He does not anticipate the 2009 fiscal year budget estimate of $3,551,795 will be met, but the fiscal year actual of $2,040,911 does not reflect 12 payments. At present, collections are 2.5% less than when compared to the prior year. To prepare the 2010 fiscal year budget, he took 2.5% off the fiscal year 2008 actual of $3,558,983, leaving $3,551,509. Chairman Shores said the 2009 fiscal year actual would be right at about $3 Million. Mr. Benoit said he would estimate essentially the same as what was estimated for the 2009 fiscal year budget. Mr. Bundy asked if Chairman Shores was concerned whether that was a conservative enough estimate. Chairman Shores replied that $3.5 Million is not, and wondered whether they should use instead the actual collections figure. Mr. Benoit said that could be done, but he is using a common formula for all sales tax estimations. However, if the Board thinks the $3,551,509 is too high an estimate, it can be dropped to $3,450,000 or $3,400,000. Mr. Bundy said the actual 2009 is going to be closer to $3 Million. Chairman Shores said that, following the national trend, it would be aggressive to assume the same collections for 2010 as for 2009.

Mr. Benoit noted that the budget is dated 8/3/09; therefore, there could be only eight rather than nine payments included. Mayor Lyne said that would still get the collections just to $3 Million. Mr. Bundy said he believes it should be at $3 Million. Chairman Shores said he would be more comfortable with that figure. Darron Leiker said $3 Million is probably on the low side; it will be somewhere in between. Chairman Shores said they could use $3 Million, and if it is more, it would be a happy circumstance.

Mayor Lyne moved that the 4A Board recommend to the City Council that it approve the proposed budget as amended, reflecting $3 Million in estimated sales tax revenues (as opposed to the presented $3,551,509). Chairman Shores said that everything on the budget from the total expenditures on down would need to be reduced $551,509. Seconded by Mr. Bundy, the motion carried unanimously.

Chairman Shores asked if the difference in the CCI contract is the $100,000 for the Military Affairs Committee. Mr. Chase said yes; that money does not go to the CCI; the Military Affairs Committee is a separate and distinct organization with a separate contract.

8. RECEIPT & DISCUSSION OF ANNUAL REVIEW OF VERNON COLLEGE MACHINIST TRAINING PROGRAM

In 2004, Kevin Pearson said, Wichita Clutch expressed frustration that it could not find machinists to fill positions. An apprentice-type training program was quickly put together at Vernon College, and an MOU was entered into between Vernon College and the 4A Board. The College did an outstanding job in a short time frame. They are here today to report on that three- year program.

Dusty Johnson introduced himself to the Board. He has been president of Vernon College since March. Final enrollment figures are due today; they are right under 3,200 students, with 60% of them in Wichita Falls (either at the Skills Training Center or at Century City). Vernon College is a $17 Million industry. It enjoys a great partnership with MSU. A future goal is to make use of a lot of vacant space at its facilities on Maplewood.

Gary Don Harkey of Vernon College said that funding provided by the 4A Board provided the seed money so that this expensive and highly technical program could be started. The funding assistance was used to pay a portion of the instructor salary, for marketing, for technological upgrades, and for the purchase of machinery.

In year three of the program, Vernon College exceeded the MOU requirement in terms of money it put into the program. The 4A Board provided $20,457 toward the instructor salary; Vernon College contributed $32,000. The 4A Board contributed $17,000 for marketing; Vernon College, $21,000. The bulk of 4A funding came in year three, but the program took off quicker than anticipated. A lot of the equipment purchases were made in year two. This year, 4A contributed $5,000, while Vernon College added another $26,000 toward equipment purchases.

This program has been full since the second year. They started with 11 students in 2006; there were 36 students in the second year. They now have approximately 40 students in the program. The first 20-25 will graduate in December 2009 with advance certificates in machinery.

Councilor Elmore asked if most of those students work for Wichita Clutch. He said some work for Pratt Whitney and other local industries. Most students attend part-time. There are 13 new students coming in the fall, and 27 returning students. Mr. Johnston said 20% to 25% would

be classified as dislocated workers. Mr. McLendon asked if there has been a drop in demand for machinists. Mr. Harkey said enrollment is steady; most are upgrading their skills.

Mr. Pearson said no action was required. When the MOU was passed, the Board asked Vernon College to make annual reports. Chairman Shores said he was pleased to hear the report. He asked what program was next. Mr. Johnston said they would love to have a physical therapy assistant program.

3 9. EXECUTIVE SESSIONS

Chairman Shores adjourned the meeting into executive session at 4:59 pursuant to TEXAS GOVERNMENT CODE sections 551.071, .087, and .072. He announced the meeting back into regular session at 5:33 p.m. He noted that the subjects described in Footnote 1 were deliberated, and no further action was taken on these subjects in executive session.

Mr. Risley said the following item could be discussed at today’s meeting as it relates in general to items on the budget. Mr. Chase said he and Mr. Pearson had an update on the telecom project. At the moment, the City is out of the running in terms of the incentive package presented. It is competing with 13 other communities (in Arizona, Pennsylvania, South Carolina, Kentucky, North Carolina, and Virginia).

Mr. Pearson said the telecom company has been in town and has looked at the former Budget building. It is the best solution for the company out of all the communities. That is why Wichita Falls still has an opportunity. The company looks to hire 600 customer service representatives and 56 management personnel. It intends to open three call centers within the next year. The CSR salary starts at $9.00 per hour; management salaries range from $26,000 to $100,000. Benefits include medical, dental, vision, and a 401K plan. They are permanent, full time positions at 37.5 hours a week. Mr. Chase said they are inbound 1-800 service-type calls, as opposed to telemarketing sales.

3 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 Carter Copter & proposed incentives for creation of primary jobs and retention of primary jobs (as defined by Tex. Local Gov’t Code § 501.002 in aviation industry and in durable good manufacturing industry).

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 WFEDC seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the WFEDC is conducting economic development negotiations (including, but not limited to, Carter Copter & proposed incentives for creation and retention of primary jobs (as defined by Tex. Local Gov’t Code § 501.002) in aviation, and durable good manufacturing industries).

The company is analyzing the local labor force. Beginning this Sunday, they will be placing blind employment ads for one month in the Times Record News , and will have spots on the internet through Yahoo and Monster.com to see if they can ramp up and sustain this operation in Wichita Falls. The incentive package offered was worth about $3 Million, at $3,000 per job. This offer was presented in a letter signed by Chairman Shores, Mayor Lyne, Warren Ayres, and Judge Woody Gossom. They reviewed the offer and said that, although they like this community and the building, they are getting more from other communities. The incentive package was sweetened to $5,000 per job, with about $4 Million in total incentives for the project. That package puts Wichita Falls close to the second and third competing cities.

Mr. Pearson said the company has 50,000 employees worldwide. It represents Fortune 100 companies, and has 17 operations in 20 countries. It is a billion dollar company, and is listed on NASDAQ.

Mr. Bundy noted the company is apparently not concerned with accents, considering the geographical area it is contemplating. Mr. Pearson said it is looking for bilingual employees. Mona Statser of the Workforce Center showed the company representatives the area’s bilingual rates, and data indicating there are 522 CSRs in her system. That caught their attention.

Mr. Chase said they are looking at tertiary markets. They have gone to larger corporations and encouraged them to come back home. They have experimented in India and other locations. If this company can show them a cost competitive solution, those corporations might consider switching.

Tentative meeting dates for the next 4A Board meeting are September 17 at 4:00 p.m., or September 18 at 8:00 a.m.

The meeting adjourned at 5:50 p.m.

These minutes, as amended, were approved by the WFEDC at its September 18, 2009 meeting. ______Gary Shores, Chairman

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Public Hearing To Review The City’s Juvenile Curfew Ordinance

INITIATING DEPT: Legal ______COMMENTARY: Texas Local Gov’t Code § 370.002 provides:

Texas Local Gov’t Code § 370.002. Review of Juvenile Curfew Order or Ordinance.

(a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter , the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order.

(b) Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire.

This is a public hearing on the merits of the City’s juvenile curfew ordinance, codified as Sections 78-56 through 78-60 of the Wichita Falls Code of Ordinances. The City’s juvenile curfew ordinance was last continued on January 16, 2007. The Council will later decide whether to continue this ordinance in effect.

City Attorney ______CITY MANAGER'S REMARKS: The purpose of this public hearing is to allow for citizen comment on the merits of the City’s juvenile curfew ordinance. This ordinance was last continued on January 16, 2007. The Council will later decide whether to continue the ordinance in effect.

City Manager ______ASSOCIATED INFORMATION: BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( ) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney Agenda item 8

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Public Hearing Regarding 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.

INITIATING DEPT: Community Development/Planning ______COMMENTARY: At the September 15 City Council meeting, the Council considered and approved a resolution accepting the service plan and calling for public hearings for this proposed annexation. This public hearing is the first of two required hearings. The second public hearing will be held at the next Council meeting on October 20, 2009. Attached is information on the assessed value of the property and its tax calculation and the Annexation Service Plan for this proposal.

This hearing is set to allow citizens to comment on the proposal. No action by the Council is required at the conclusion of this hearing.

Director of Community Development ______CITY MANAGER'S REMARKS: This is the first of two required public hearings to allow for citizen comment on the proposed annexation of the above described property.

City Manager ______ASSOCIATED INFORMATION: Assessed Value, Service Plan

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 9

2009 ASSESSED VALUE Source: Wichita County Appraisal District

Property 2009 ID Owner Situs Assessed Value

Saint-Gobain Vetrotex America 158408 Inc 4515 Allendale Rd $11,355,437.00

225677 Signal Hill Power LLC 4515 Allendale Rd $213,015.00

340833 Signal Hill Power LLC 4515 Allendale Rd $4,386,003.00 Personal Property

202606 Linde Inc 4515 Allendale Rd $3,020,918.00 Personal Property

Saint-Gobain Vetrotex America 17.36 AC (partial 158408 Inc 4401 Allendale Rd $756,202.00 annexation)

6007 Seymour Hwy 158418 Pitts Sand & Gravel Inc. X $20,255.00 .93 AC (partial annexation)

Saint-Gobain Vetrotex America 12.66 AC (partial 153933 Inc 4314 Barnett Rd Z $44,310.00 annexation) $19,796,140.00

Note: At the City’s 2009 tax rate of $.060526 per $100 value, the City would be receiving $119,818 in taxes. St. Gobain and Signal Hill were previously paying a percentage payment in lieu of taxes, so this does not provide a new tax source.

Railroad property within this area has been placed under a special ownership that does not pay taxes.

City of Wichita Falls

ANNEXATION SERVICE PLAN

Certain-Teed

September 2009

INTRODUCTION

Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls has prepared this Service Plan for the delivery of municipal services to an area which is proposed to be annexed into the City. This area of land is shown in a map herein labeled Exhibit A, and further described by field notes in Exhibit B.

The area proposed to be annexed contains approximately 242.73 acres of land. Land uses in the area are comprised of a vacant industrial facility, vacant land, and railroad property.

EXHIBIT A

EXHIBIT B

Field Notes

BEGINNING at a point on the east right-of-way line of Allendale Road, said point also being the most southwestern corner of Lot 1, Certain-Teed Products Addition, said point also being the southeast corner of a tract of land annexed by Ordinance 3569 Tract III;

THENCE in a northerly direction along the east boundary line of a tract of land annexed by Ordinance 3569 Tract III, to a point on the northeast corner of said tract, said point also being 200 feet south of U. S. Highways 82 and 277 (a.k.a. Kell Boulevard);

THENCE in an easterly direction along a line that is 200 feet south of and parallel to U.S. Highways 82 and 277, said line also being a boundary line of a tract of land annexed by Ordinance 2756 Tract I, to a point on the centerline of Greg Road extended, said point also being on the existing city limits as described in Ordinance 2756 Tract I;

THENCE south along the centerline of Greg Road extended, said line also being a boundary line of a tract of land annexed by Ordinance 2756 Tract I, to a point on the most northeastern corner of a tract of land annexed by Ordinance 78-90, said point also being on the southeastern property line of a tract of land owned by North Texas Rural Rail Transportation District;

THENCE southwesterly along the southeastern property line of a tract of land owned by North Texas Rural Transportation District, said line also being a northern boundary line of a tract of land annexed by Ordinance 78-90, to a point on the north right-of-way line of Southwest Parkway;

THENCE in a westerly direction along the north right-of-way line of southwest Parkway to a point on the east boundary line of a tract of land annexed by Ordinance 3149;

THENCE in a northerly direction along the east boundary line of a tract of land annexed by Ordinance 3149 to a point on the northeast corner of said tract;

THENCE in a westerly direction along the northern boundary line of a tract of land annexed by Ordinance 3149 to the point of BEGINNING, containing approximately 242.73 acres of land, more or less.

SERVICES TO BE PROVIDED

Police

This area will be served using the same standards for response, together with investigative services as provided to other areas of the City.

Fire

1. With the current geographic location of the stations, response times to the area will be within acceptable parameters.

2. Fire protection and suppression personnel and equipment from the Wichita Falls Fire Department will be provided upon request using existing personnel and equipment. The services of the City of Wichita Falls Fire Marshal shall be provided within the same time frame.

Parks

1. Open park areas for picnicking will be available to any future residents of the annexed area on the same basis as residents presently residing within the City limits.

2. Services provided will be identical to those provided to persons living in other areas of the City.

Library

Library services identical to those services to persons living in other areas of the City will be provided to the annexation area.

Solid Waste Collection

1. For any future residential development that may occur in the area, the City will supply curbside automated service by extending our current automated collection service routing. The collection of solid waste from the individual properties and containers shall be made in accordance with usual department scheduling and rates.

2. Commercial refuse collection services will be provided to any business located in the annexed area under the same rate, procedures and regulations as presently provided for any business customer within the City, upon request.

3. The use of the Cities sanitary collection facilities and transfer station(s) will be available to any future residents of the newly annexed area, and on the same basis as those residents living within the City limits.

Maintenance of Streets and Roads

Maintenance of streets and roads shall be on a level comparable to that provided for other areas of the City with similar roads, equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing street maintenance.

Water and Waste Water Facilities

Maintenance

1. Maintenance of water facilities will include those facilities installed by the City or installed according to City standards and specifications.

2. Wastewater or sanitary sewerage will be in accordance with individual application of septic systems, which shall be the responsibility of the property owner or tenant. The City will maintain facilities installed by the City or installed according to City standards and specifications.

Development

1. Additional extensions of a water system shall be at the expense of the “applicant” as per Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls.

2. Sanitary sewer extensions shall be at the expense of the “applicant” in accordance with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls.

Planning and Zoning Services

1. Planning and zoning services will be provided immediately upon annexation. In addition to the protection of property values through the enforcement of zoning and subdivision regulation, other services including the processing of applications for zoning change and site plan review will be provided by existing City staff.

2. Rezoning of properties will be handled in accordance with existing City procedures. Existing use of properties in conflict with permitted uses shall be deemed nonconforming, and shall continue to operate in accordance with Section 6100 of the Zoning Ordinance.

Engineering Services

Engineering services, including the review of development plans, issuance of permits as required in the development phase, and the inspection of the installation of water and sanitary sewer mains, storm sewers, and the paving of streets and alleys, will be provided immediately by public works personnel.

Building Inspection Services

Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City codes and ordinances, will be provided by Building Inspection personnel.

Traffic Services

Installation of needed or necessary traffic signs, including street name, warning and regulatory signs, will be installed and maintained by existing personnel according to established procedures and priorities. Traffic counts and other related studies will be conducted as warranted, using the same procedures and guidelines as practiced within the City.

Environmental Health and Code Enforcement Services

1. Complaints of ordinance violation or other code violations within the area will be answered and investigated by existing personnel.

2. Animal control services will be provided to those areas within the annexed area using existing personnel and equipment.

3. Vector control services will be provided to those areas within the annexed area using existing personnel and equipment.

Miscellaneous Services

General municipal administration and administrative services of the City will be available to the annexed area beginning with the effective date of the annexation ordinance.

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Public Hearing On Request From Claudio Ramirez, Jr. To Increase The Number of Taxicabs Permitted.

INITIATING DEPT: City Clerk/ Aviation, Traffic & Transportation ______COMMENTARY: The City Clerk received a request from Claudio Ramirez, Jr., All American Cab Company General Manager, to increase the number of authorized taxi permits by 3, from 12 to 15, in accordance with Sec. 31-33(b) of Vehicle for Hire Chapter.

Section 31-33(b) allows a taxicab franchise to request an amendment to the number of authorized taxi permits. City Council has the authority to increase the number of vehicles authorized under the franchise at a public hearing and after finding that an increase is required for public convenience and necessity.

Mr. John Burrus conducted an analysis and his report is attached.

There are two cab companies in Wichita Falls - Skylark Taxi and All American Cab. Skylark Taxi is not opposed to the three additional permits requested by All American.

City Clerk ______CITY MANAGER'S REMARKS: This public hearing will allow for citizen comment on a request from Claudio Ramirez, Jr., All American Cab Company General Manager, to increase the number of authorized taxi permits by 3, from 12 to 15. City Manager ______ASSOCIATED INFORMATION: Request and ATT Report

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 10a

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance To Increase The Number Of Taxicabs Permitted To All American Cab.

Council has conducted the required public hearing. City Council has the authority under Section 31-33(b) to increase the number of vehicles authorized under the franchise at a public hearing and after finding that an increase is required for public convenience and necessity.

There are two cab companies in Wichita Falls - Skylark Taxi and All American Cab. Skylark Taxi is not opposed to the three additional permits requested by All American

City Clerk Director of Aviation, Traffic & Transportation ______CITY MANAGER'S REMARKS: Approval of this ordinance would grant Mr. Claudio Ramirez, Jr., All American Cab Company General Manager, an increase of three taxi permits, making the total number of permits held by All American Cab Company 15.

City Manager ______ASSOCIATED INFORMATION: Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney

Agenda item 10b

Council Bill #206 ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending The Taxicab Service Franchise Granted To All American Cab To Increase The Number Of Authorized Vehicles

WHEREAS, All American Cab has a taxicab franchise to operate within the city of Wichita Falls; and

WHEREAS, its General Manager has requested an increase in the number of vehicles authorized under said franchise to provide better service; and

WHEREAS, Chapter 110, Vehicles For Hire, Article II, Division 2, Section 110-62 of the Code of Ordinances stipulates that a franchise may be amended by the City Council to increase the number of vehicles authorized under the franchise at a public hearing and after finding that an increase is required for public convenience and necessity; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The taxicab franchise granted to All American Cab is hereby amended to increase the number of vehicles permitted by three from 12 to 15.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Public Hearing On A Request From Claudio Ramirez, Jr., DBA Wichita Limousine & Special Service Vehicles, For A Special Service Vehicle Franchise.

INITIATING DEPT: City Clerk/ Aviation Traffic Transportation ______COMMENTARY: The City has received a request from Claudio Ramirez, Jr., Dba Wichita Limousine and Special Service Vehicles, for a special service franchise. He is requesting two permits . Mr. Ramirez’ franchise expired February 2009.

Chapter 110 of the Code of Ordinances, requires that the Council conduct a public hearing to consider whether a franchise should be granted.

Prior to this hearing, Mr. John Burrus, Director of Aviation, Traffic and Transportation, conducted an investigation and made findings of fact concerning public convenience and necessity and other relevant factors. A copy of this report is attached with the application.

Currently there are 17 limousines permitted by four companies; Council has authorized 28 permits. There is no maximum/minimum number of permits Council can authorize.

Following this public hearing, Council will consider a proposed ordinance relating to this application

City Clerk ______CITY MANAGER'S REMARKS: This public hearing will allow for citizen comment on a request from Claudio Ramirez, Jr., dba Wichita Limousine and Special Service Vehicles, for a special service franchise. He is requesting two permits . Mr. Ramirez’ franchise expired February 2009. City Manager ______ASSOCIATED INFORMATION: Application and Public Convenience and Necessity Report.

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( ) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney Agenda item 11a

CITY OF WICHITA FALLS, TEXAS

AVIATION, TRAFFIC & TRANSPORTATION

INTEROFFICE MEMORANDUM

To: Darron Leiker, City Manager Miles Risley, City Attorney Lydia Ozuna, City Clerk Dennis Bachman, Police Chief

From: John Burrus, Director of Aviation, Traffic & Transportation

Subject: Wichita Limo Special Service Franchise Renewal

Date: September 10, 2009

Staff reviewed Mr. Ramirez’s request to renew his Special Services Franchise, operating under the business name Wichita Limousine and Special Service Vehicles. This is a single permit franchise, and Mr. Ramirez is not requesting additional permits at this time. Staff reviewed Wichita Limousine’s application as it applies to Section 110 “Vehicles for Hire.”

There are currently seventeen limos operating in Wichita Falls under four different businesses. Wichita Limousine is not a member of the Better Business Bureau, but they are listed as having had one complaint in the last 36 month period.

Further review of Mr. Ramirez’s application under Section 110-58 is as follows:

• Mr. Ramirez is an existing franchise holder and his business has minimal effect on public transportation options. • Because Mr. Ramirez is an existing franchise holder, no review occurred as to whether other franchises can provide the service more efficiently. • There will be no effect on traffic conditions or driver wages by renewing this application • It is assumed that Mr. Ramirez is operating a successful business if he is renewing his franchise. Mrs. Ozuna has confirmed that she has the proper financial records pertaining to Wichita Limo.

Aviation, Traffic & Transportation staff recommend to the City Manager the renewal of Mr. Ramirez’s franchise: Wichita Limousine and Special Service Vehicles.

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Authorizing A Franchise For A Special Service Vehicle To Operate A Limousine Service To Claudio Ramirez, Jr.

INITIATING DEPT: City Clerk /Aviation, Traffic & Transportation ______COMMENTARY: The City Clerk has received an application from Claudio Ramirez, Jr., DBA Wichita Limousine and Special Service Vehicles, for a special service vehicle franchise to operate a limousine service in Wichita Falls. Mr. Ramirez’ franchise expired February 2009. He is requesting two permits.

A public hearing was conducted as required by Chapter 110, Vehicles for Hire prior to consideration of this ordinance.

City Clerk Director of Aviation, Traffic & Transportation ______CITY MANAGER'S REMARKS: Approval of this ordinance would grant a special service vehicle (limo) franchise to Mr. Claudio Ramirez, Jr., dba Wichita Limousine and Special Service Vehicles. He is requesting two permits. Mr. Ramirez’ previous franchise expired in February 2009. City Manager ______ASSOCIATED INFORMATION: Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ()

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 11b

City Council Bill # 207

ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing A Franchise For Special Service Vehicles To Claudio Ramirez, Jr. DBA Wichita Limousine And Special Service Vehicles

WHEREAS, Claudio Ramirez, Jr., has filed an application with the City Clerk’s Office for a special service vehicle franchise for general transportation within the city limits of Wichita Falls; and

WHEREAS, the application submitted meets the requirements as set forth in Chapter 110 of the Code of Ordinances regulating Vehicles for Hire; and

WHEREAS, a public hearing was held to receive public comments regarding the granting of such franchise.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

Claudio Ramirez, Jr., dba Wichita Limousine and Special Service Vehicles, is authorized a special service vehicle franchise with a total of two permits, with said franchise expiring October 2014.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Rezoning Lots 3 And 4, Block 5, Southland Addition, Also Known As 1104 And 1106 Alma Street, And The Adjacent Alley Right-Of-Way, From Limited Office To Limited Commercial, And Amending The Land Use Plan To Change The Area From Low Density Residential To Light Commercial.

INITIATING DEPT: Community Development/Planning ______COMMENTARY: Bill McGregor is requesting to rezone two lots on Alma Street from Limited Office to Limited Commercial. The purpose of the request is to create a continuous zoning district for a proposed new medical office facility. This proposed office facility will take up these two lots as well as 1100 Alma Street to the north. At its September 9, meeting the Planning and Zoning Commission recommended approval of this request. They also approved a request for a conditional use for a medical office over 1,200 square feet within a Limited Commercial zoning district at this location. Staff recommends approval of this request.

Director of Community Development ______CITY MANAGER'S REMARKS: This ordinance would approve a request by developer Bill McGregor to rezone two lots on Alma Street from Limited Office to Limited Commercial to create a continuous zoning district for a proposed new medical office facility. The Planning and Zoning Commission approved this request on September 9 th . City Manager ______ASSOCIATED INFORMATION: Rezone Map, P&Z Excerpt, Notification Map, Land Use Map, Location Map, Limited Office Uses, Limited Commercial Uses, Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 12a

Excerpt Planning and Zoning Commission Meeting September 9, 2009 Case R 09-03 Rezone 1104 and 1106 Alma Street from Limited Office to Limited Commercial and Amend the Land Use Plan to Change the Area from Low Density Residential to Light Commercial

Mr. Bill McGregor requested approval to rezone two (2) lots in the 1100 block of Alma Street from Limited Office to Limited Commercial (LC). The purpose was to create contiguous LC zoning for a proposed new medical office that will occupy 1100, 1104, and 1106 Alma Street. Approval of this request also requires a change to the Land Use Map to reflect those lots as light commercial.

Nine (9) surrounding property owners were notified of this request. Six (6) responded in favor and one (1) was opposed.

The conditional use permit (Case C 09-36) for a medical office over 1,200 square feet in LC zoning was approved by the Planning and Zoning Commission at the September 9, 2009 meeting. That approval is contingent upon the City Council's approval of this rezoning request.

Mr. McGregor stated he represented several physicians who were interested in constructing a 10,000 square foot medical office. He stated that approximately fifteen years ago the block was zoned Limited Office in anticipation of building a medical facility but nothing happened. The rezoning request will provide a contiguous LC zoning for the entire tract of land (three lots), part of which is LO zoning and allows a maximum office of 1,200 square feet.

Mr. Odom stated that having a split zoning on a single lot would be a problem and might cause legal issues at a later date. Medical offices could be allowed in LO but it would be more restrictive than LC. The entire block could be LC if the remaining property owners applied for rezoning in the future.

The following surrounding property owners expressed negative concerns about this case: Ms. Susan Lancaster 1108 Alma Mr. Robert Phillips 1108 Alma

The main concerns were noise from the industrial-size air conditioning systems, excess parking, garbage/trash collection adjacent to residences, parking lot lighting, increase in property taxes, second-story privacy issues, and additional demands placed on water and sewer.

Mr. Odom noted the requirement is for a six (6) foot privacy fence between the medical facility and the residences.

Mr. Nelson asked about the design of the building. Mr. McGregor stated it would be two-story but he did not have the exact details. It would be a cardiology building, a low-level doctor office. He stated that Ms. Lancaster purchased her house was zoned LO. The building will be on the north side of the lot with parking to the south.

Mr. Gardner made a motion to recommend approval of this rezoning request to City Council; Mr. Stephenson seconded. The motion was unanimously approved.

Land Use Map

Location Map

LIMITED OFFICE ZONING DISTRICT (LO)

The following uses are permitted without any further review by the Planning and Zoning Commission. For additional regulations or definitions, contact the Planning Division.

- Bed & Breakfast Homestay - Dwelling, Duplex or Two Family - Dwelling, Single Family Detached - Dwelling, Zero-Lot Line, Single Family - Bed & Breakfast Inn - Offices, 1,200 sq.ft. or less in gross floor area. - Medical Offices, 1,200 sq.ft. or less in gross floor area.

The following uses are permitted following approval by the Planning and Zoning Commission for a Conditional Use Permit:

- Religious Assembly - Medical Offices, more than 1,200 sq.ft. in gross floor area. - Offices, more than 1,200 sq.ft. in gross floor area.

LIMITED COMMERCIAL ZONING DISTRICT (LC)

The following uses are permitted without any further review by the Planning and Zoning Commission. For additional regulations or definitions, contact the Planning Division.

Dwelling, Duplex Two-Family Library, Public Dwelling, Single-Family Detached Parks Group Home Public Safety Services Day Care Center, Limited Religious Assembly Private Recreational Area, Limited School, Primary and Secondary Bed and Breakfast Homestay Utility Service Boarding House Bed and Breakfast Inn Condominium, Residential Medical Office, 1,200 sq. ft. or less Dwelling, Multifamily, up to 25 units per acre Offices, 1,200 sq. ft. or less Dwelling, Zero Lot-Line, Single Family Oil Drilling Fraternity and Sorority House Services, 1,200 sq. ft. or less Townhouse Day Care Center, Commercial, 1,200 sq. ft. or less

The following uses are permitted following approval by the Planning and Zoning Commission for a Conditional Use Permit:

Dwelling, Multifamily, exceeding 25 units per acre Club Personal Care Home Convenience Store Manufactured Home Medical Office, more than 1,200 sq. ft. Day Care Centers, Commercial, more than 1,200 sq. ft. Offices, more than 1,200 sq. ft. Residential Care Facility Restaurant, Limited, no drive-in/through Alcoholic Beverage Sales Retail Trade, excludes auto sales & supermarkets Art Gallery and Museum Self-Storage Facilities/Mini-Warehouse Clinic Services, more than 1,200 sq. ft.

Council Bill #208 ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Rezoning Lots 3 And 4, Block 5, Southland Addition, Also Known As 1104 And 1106 Alma Street, And The Adjacent Alley Right-Of-Way, From Limited Office To Limited Commercial, And Amending The Land Use Plan To Change The Area From Low Density Residential To Light Commercial.

WHEREAS, the Planning and Zoning Commission considered the proposed zoning change at its September 9, 2009 meeting, and voted to recommend approval of this request and related amendment to the Land Use Plan; and

WHEREAS, the City Council has reviewed this request and determined that the herein described Zoning and Land Use Plan amendments are in the public interest.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. Lots 3 and 4, Block 5, Southland Addition, also known as 1104 and 1106 Alma Street, and the adjacent alley right-of-way as shown on the attached map, incorporated in this ordinance as Attachment “A” , are hereby rezoned to Limited Commercial.

2. The Land Use Plan is hereby amended to reflect the aforementioned area as light commercial.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

Attachment “A”

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Amending Section 2-911(8)(d) Of The Wichita Falls Code Of Ordinances to Increase The Fee For Zoning Amendments (Rezoning)

INITIATING DEPT: Community Development/Planning ______COMMENTARY: State law requires that municipalities with a zoning ordinance place notice of public meetings for proposed rezonings within a newspaper of general circulation within the municipality. Rezonings require a meeting before the Planning and Zoning Commission and a meeting before the City Council. Staff is also required to notify property owners within 200’ of a proposed rezoning for both meetings. Due to increased costs for classified ads in the local newspaper and postal delivery, staff is recommending an increase to the rezoning fee. Currently, the fee is $250 for the first five acres plus $10.00 for each additional acre. This proposal would increase the fee to $350 for the first five acres. Increased costs for classified ads in the newspaper and mailings have necessitated the need to propose an increase in this fee. Legal ads for the last rezoning cost $228.00. Property owners’ mailings are another fixed cost.

The City of Odessa did a survey of various cities in March 2009 requesting each city’s zoning fees, including rezonings. A copy of the rezoning fee portion of the survey is provided. The City of Odessa had the lowest fee of $200 for the first acre with $1.00 for additional acre. The City of Odessa’s City Council recently increased their rezoning fee to $300.

Director of Community Development ______CITY MANAGER'S REMARKS: Approval of this ordinance would increase the City’s cost for rezoning applications from $250 to $350 to help recover our hard costs (i.e. legal ads) and to help align our fees with other state municipalities. City Manager ______ASSOCIATED INFORMATION: Survey, Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______Agenda item 12b

City Population Rezoning Fee Abilene 116,219 $1,500, or $1,000 for PD amendment

Amarillo 190,042 $300 + $10/acre

Grand 166,654 $1,000+$40/acre ($11,000 max) Prairie

Houston 2.2 million no zoning in Houston newly annexed: $0 for 180 days following effective date of annexation unilaterally annexed: $0 for first rezoning application Laredo 271,559 Res: $200 (<1 ac);$250 (1-5 ac);$400+$50/ea addnl ac>5 (max=$2,000) Comm: $250 (<1 ac);$300 (1-5 ac);$400+$50/ea addnl ac>5 (max=$2,000)

$475 for 1st acre Lubbock 218,327 $475+$3/ea addn'l acre>1

Midland 103,000 $400/$550 for PD's $200 for 1st acre or part thereof+$1/ea addn'l acre Odessa 102,876 (Max-$400)

single-family,patio home, duplex, townhouse: $460 Plano 260,900 other zoning: $1,210 for 1st 50 acres+$10/acre (or portion thereof)>50

Wichita 105,000 $250+$10/ea acre>5 Falls

City Council Bill # 209

ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Section 2-911(8)(D) Of The Wichita Falls Code Of Ordinances To Increase The Fee For Zoning Amendments (Rezoning)

WHEREAS, the Community Development Department has determined that due to the increased costs for rezoning requests, a fee increase is needed to cover those costs; and

WHEREAS, the City Council concurs with this proposed amendment to increase the fee for zoning amendments (rezoning).

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

Subsection (8)d of Section 2-911 Of The Wichita Falls Code Of Ordinances is amended as follows by adding the underlined text and deleting the text denoted by strikethrough:

”d. Zoning Amendments (rezoning): 1. Up to five acres 250.00 350.00 2. More than five acres 250.00 350.00 Plus, per acre or fraction thereof 10.00 3. Rezoning to PUD 500.00 Plus, per acre or fraction thereof 10.00”

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Closing, Abandoning, And Vacating A Previously Dedicated 10 Foot Wide (approximately 2,463 Square Feet) Utility Easement in Lot 20, Block 1, Westover Hills Addition/Subdivision, Located At 1907 Wenonah Blvd.

INITIATING DEPT: Community Development/Property Management ______COMMENTARY: A request has been received from Cornerstone Engineering on behalf of the owners to abandon a 10 foot utility easement originally dedicated by plat in 1955. In 1957 Lot 20 was replatted with retention of the smaller 5 foot perimeter easement originally dedicated, but the larger 10 foot easement was not indicated. With no records of a utility line ever existing in this easement, the logical conclusion is that it was not reflected on the replat because it was no longer needed, but someone failed to officially abandon it. The residential home on this tract was built in 1960 and has reflected the same ownership since 1965. The request to abandon this vacant easement is to enable the title company to issue a title policy thus allowing the present owners to sell the property.

All utility companies and affected City departments have unconditionally approved this request.

In accordance with City policy on street, easement and alley closures, Property Administration has obtained a “fair market appraisal” determining the property value to be $2,463.00. Pending approval of the closure, this amount has been deposited with Property Management, along with a check for the $265 .00 expense of the appraisal. The staff recommends that Council pass this ordinance, which will authorize the City Manager to execute a Quit Claim deed to convey the property.

Director, Community Development ______CITY MANAGER'S REMARKS: This ordinance would abandon, vacate and sell a 10 foot utility easement located at 1907 Wenonah for the appraised price of $2,463, plus appraisal costs, as described above. All utility companies and affected City departments have unconditionally approved this request. City Manager ______ASSOCIATED INFORMATION: Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( ) Budget Office Review Agenda item 12c

______

INITIATING DEPT: Community Development/Property Management ______LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

City Council Bill # 210 ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Closing, Abandoning, And Vacating A Previously Dedicated 10 Foot Wide (Approximately 2,463 Square Feet) Utility Easement In Lot 20, Block 1, Westover Hills Addition/Subdivision, Located At 1907 Wenonah Blvd.

WHEREAS, Cornerstone Engineering, on behalf of the property owners at 1907 Wenonah, Wichita Falls, Texas has requested to close, vacate and abandon a 10 foot wide utility easement at Lot 20, Block 1, Westover Hills, Wichita County, Wichita Falls, Texas; and,

WHEREAS, all affected utility companies and City departments have reviewed this request and have recommended unconditional approval to close, abandon, and vacate this utility easement; and,

WHEREAS, it is in the best public interest to close, vacate, and abandon said utility easement as herein indicated on the attached Location Map .

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. The approximately 2,463 square feet of a 10 foot utility easement in Lot 20, Block 1, Westover Hills Addition/Subdivision, located at 1907 Wenonah Blvd, Wichita Falls, Texas, as indicated on the attached Location Map , is hereby closed, abandoned, and vacated.

2. In consideration of the receipt of $2,463.00 for the cost of the property and $265.00 for the cost of the appraisal, this ordinance shall authorize the City Manager to execute a quitclaim deed for the City’s interest in the property. The deed shall be executed conditioned upon the property owner(s) filing an approved re-plat of the property in the records of the Wichita County Clerk within 6 months from the date of the executed quitclaim deed. This ordinance shall be void and have no effect if said re-plat is not approved and filed within the stipulated time period.

PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk

Location Map

1907 Wenonah Blvd.

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Amending Section 82-163 Of The Wichita Falls Code Of Ordinances To Increase Fees For Specified Recreational Programs

INITIATING DEPT: Parks and Recreation ______COMMENTARY: Several years have passed since there has been a fee increase for certain recreational programs. It is desirable to set fees that recover a substantial portion of the cost to provide the programs. The recommended action will increase fees for the Log Cabin rental, tennis memberships, swimming pool admission, and softball tournament rental. The anticipated additional revenue to the City is $15,000. This proposal was previously discussed with City Council and included in the recently approved 2009-2010 fiscal budget.

Director, Parks and Recreation ______CITY MANAGER'S REMARKS: As part of the budget process this year, we discussed a proposal to increase certain recreational program fees; many of which had not been adjusted for several years. If approved, fees will increase for the Log Cabin rental, tennis memberships, swimming pool admission, and softball tournament rental. The anticipated additional revenue to the City is $15,264. This revenue is already figured into the 2009-2010 fiscal budget. City Manager ______ASSOCIATED INFORMATION: Ordinance and fee schedule.

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 12d

City of Wichita Falls Parks and Recreation Department Fee Increase Schedule October 2009

Proposed Revenue Facility/Item Current Fee Increase Increase LOG CABIN $40/50 $10 $2,690 TENNIS FAMILY MEMBERSHIP $120 $40 $1,040 TENNIS INDV. MEMBERSHIP $75 $20 $260 TENNIS YOUTH MEMBERSHIP $45 $10 $600 TENNIS COURT FEES $1/$1.50/$2 $0.50 $3,012 $.25 SWIM POOL YOUTH/$.50 ADMISSION $1.25 ADULT $2,862 $25 PER FIELD PER $25 PER FIELD SOFTBALL TOURN. DAY PER DAY $4,800 TOTAL $15,264

City Council Bill # 211

ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Section 82-163 Of The Wichita Falls Code Of Ordinances To Increase Fees For Specified Recreational Programs

WHEREAS, it is desirable to set fees for public recreational programs to recover a substantial portion of the cost to provide the program, and the amounts set herein as fees will be less than an amount that will fully cover said cost.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. Section 82-163(g)(2) of the Wichita Falls Code of Ordinances is hereby amended to read as follows:

“(g)(2) Field Rental. Field rental shall be $20.00 $25.00 per field per day. This cost covers field preparation at the beginning of each day, materials, and restroom cleanup.”

2. Fees for the Parks and Recreation programs are hereby changed to the following amounts: Lucy Park Log Cabin Rental $50/$60 Tennis Family Membership $160 Tennis Individual Membership $95 Tennis Youth Membership $55 Tennis Court Fees $1.50/$2/$2.50 Lucy Park Swimming Pool Admission $1.50 Youth/$1.75 Adult

PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Appropriating To The Special Revenue Fund For The Public Health Emergency Response Grant In The Amount Of $111,653 Received From The Department Of State Health Services And Authorizing The City Manager To Execute All Documents Necessary To Accept, Expend, And Administer Said Funds

INITIATING DEPT: Health ______COMMENTARY: In the spring of this year, we experienced an outbreak of a novel strain of influenza. It was quickly determined that a public health education and awareness campaign would be necessary to assist in response to the fall influenza season. The Public Health Emergency Response Grant funding represents phases one and two of this funding, and it is anticipated that a third phase will become available to aid in the administration of the vaccine and response to the H1N1 influenza.

The funds will be utilized for travel ($3,268), Supplies ($48,385), and Contractual ($50,000), Other ($10,000). These funds will be used to support outreach, education for both providers and citizens, as well as planning for mass vaccination clinics.

Director of Health ______CITY MANAGER'S REMARKS: Approval of this ordinance will accept and appropriate into the City’s budget $111,653 for the Public Health Emergency Response Grant. These funds will be used for an aggressive educational and awareness campaign for the fall influenza season, as described above.

City Manager ______ASSOCIATED INFORMATION: Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 12e

City Council Bill # 212

ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating To The Special Revenue Fund For The Public Health Emergency Response Grant In The Amount Of $111,653 Received From The Department Of State Health Services, And Authorizing The City Manager To Execute All Documents Necessary To Accept, Expend, And Administer Said Funds

WHEREAS, the Wichita Falls-Wichita County Public Health District has received an award from the Department of State Health Services for H1N1 Influenza preparedness and response; and,

WHEREAS, the Wichita Falls–Wichita County Public Health District and the Department of State Health Services desire to enter into a contract to mitigate the effects of H1N1 influenza through planning, outreach and educational activities; and,

WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the FY 2009-2010 budget.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

There is hereby appropriated in the Special Revenue Fund the sum of $111,653 for the Public Health Emergency Response Grant to support public health emergency response, and the City Manager is authorized to execute all documents necessary to accept, expend, and administer said funds.

PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Ordinance Accepting Grant Funds For The 2009 Edward Byrne Memorial Justice Assistance Grant Program (Local Solicitation Award #2009-DJ-BX-0326); Appropriating Said Funds In The Special Revenue Fund In The Amount Of $71,232.00, Which Will Be Shared With Co-Applicant, Wichita County, Texas, And Authorizing Execution Of All Necessary Documents To Accept, Expend, And Distribute Said Funds

INITIATING DEPT: Police ______COMMENTARY: The City has been awarded the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $71,232.00. The City of Wichita Falls will utilize 10% of this grant ($7,123.20) for personnel expenses related to grant management. The remaining $64,108.80 will be evenly shared with Wichita County in the amount of $32,054.40 per entity. The Police Department intends to use these funds to assist in the purchase of ballistic vests, ammunition, and to assist in the personnel expenses related to the administration of these JAG funds.

Police Chief ______CITY MANAGER'S REMARKS: This ordinance would accept grant funds from the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $71,232.00. The City of Wichita Falls will utilize 10% of this grant ($7,123.20) for personnel expenses related to grant management. The remaining $64,108.80 will be evenly shared with Wichita County in the amount of $32,054.40 per entity.

City Manager ______ASSOCIATED INFORMATION: Ordinance

BUDGET CERTIFICATION (Account No./ Amount) ( - - )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 12f

City Council Bill # 213 ORDINANCE NO. ______

Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Accepting Grant Funds For The 2009 Edward Byrne Memorial Justice Assistance Grant Program (Local Solicitation Award #2009-DJ-BX- 0326); Appropriating Said Funds In The Special Revenue Fund In The Amount Of $71,232.00, Which Will Be Shared With Co-Applicant, Wichita County, Texas, And Authorizing Execution Of All Necessary Documents To Accept, Expend, And Distribute Said Funds

WHEREAS, the City has been notified that it has been awarded a grant in the amount of $71,232.00 from the 2009 Edward Byrne Memorial Justice Assistance Grant Program;

WHEREAS, 10% of said award ($7,123.20) will be used for grant administration expenses for the City of Wichita Falls, and the remainder ($64,108.80) will be shared evenly with Wichita County, Texas, co-applicant for such grant; and

WHEREAS, the use of these funds is planned to be used to assist in the purchase of ballistic vests, ammunition, and to assist in the personnel expenses related to the administration of these JAG funds.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. The City of Wichita Falls hereby accepts $71,232.00 awarded by the 2009 Edward Byrne Memorial Justice Assistance Grant Program, and an appropriation is made to the Special Revenue Fund to account for the revenues and expenditures of the program.

2. Ten percent of these funds, or $7,123.20, will be utilized for the City’s personnel expenses related to the management of this grant. The remaining $64,108.80 will be shared evenly with Wichita County, Texas, in the amount of $32,054.40 per entity.

3. The City Manager is authorized to execute all documents necessary, including interlocal agreements, to accept, expend, and distribute the funds described herein, in a form to be approved by the City Attorney.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation, A 4A Development Corporation, Including, But Not Limited To, The FY 2009-2010 Budget

INITIATING DEPT: Legal Department ______COMMENTARY: The Wichita Falls Economic Development Corporation (WFEDC) approved the Budget for the 2009-2010 fiscal year along with the programs and expenditures described in the attached resolution. The attached Budget Explanation Memo describes the most significant changes to the budget other than the Carter Copter and Downtown Wichita Falls expenditures.

WFEDC funds are distributed pursuant to written agreements that are executed by the Chairman of the Board of Directors of the WFEDC. Copies of the agreements are public and, upon request, will be e-mailed to interested City Council members.

City Attorney ______CITY MANAGER'S REMARKS: Adoption of this resolution will approve the 2009-2010 budget of the Wichita Falls Economic Development Corporation (4a). An attached memo explains the main changes to the budget. In addition to this, some major expenditures appear in the budget for the Carter Copter project and for Downtown Wichita Falls Development, Inc. operations.

City Manager ______ASSOCIATED INFORMATION: Resolution, 2008-2009 Budget Of The Wichita Falls Economic Development Corporation

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( )

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 13a

Budget Explanation Memo by Matt Benoit

You will find attached a financial statement of the WFEDC illustrating an unencumbered balance of $19,576,658 (in the column entitled, “FY 09 Actual”). The next column over represents a recommended budget for the 2009-2010 fiscal year.

The attached recommended budget forecasts revenues at approximately 14% lower than the current year adopted budget ($609,086 decrease). The primary reason for this estimated reduction is estimated interest earnings. In July of 2008, the WFEDC collected $38,828 in interest earnings. In August of 2009, that figure has dropped to just $7,642.

This budget estimates expenditures totaling $4,916,280. It is very difficult to compare total prior-year adopted budgets because you frequently (inevitably) amend your budget for projects throughout the year. Some explanation of the major expenditure categories is as follows:

• Insurance - $1,210

This is a continuation of the Board’s desire to carry Officers’ and Directors’ liability insurance.

• Ad Valorem Taxes - $27,079

This expense (and off-setting revenue) corresponds with the lease with ATCO. We agree to pay property taxes on the land and building, and they reimburse us.

• Professional Fees - $30,000

This expenditure category is a continuing expense that allows for the payment of professional services in support of retaining and creating primary jobs. In previous years, this account has been used to pay for legal fees (business park documents) as well as engineering services.

• CCI Contract – $499,227

In previous years, the amounts provided to the Chamber of Commerce and Industry for economic development services, Workforce Development, and the Sheppard Military Affairs Committee have been presented and approved as separate line items. At the request of the CCI, these items are being grouped. In addition, this expenditure category now includes $113,163 to create a Vice President of Marketing position. The following chart illustrates a comparison of current year and proposed FY 2009-2010 expenses:

Category FY08-09 FY 09-10 Difference % Difference Budget Proposed Budget CCI Contract $163,980 $172,901 $8,921 5.44% Workforce $75,000 $113,163 $38,163 50.88% Development SMAC $100,000 $100,000 $0 0% VP of Marketing $0 $113,163 $113,163 Totals $338,980 $499,227 $160,247 47.27%

Absent the request for the Vice President of Marketing position, the CCI Contract, Workforce Development and SMAC requests total $47,084, or 13.89% more than the current year adopted budget.

• Regional Marketing – $101,802

This expense is estimated at the same level as the current year budget. At some point in the future, the Regional Marketing Committee may elect to amend this request. At this point, 25% ($25,451) of the expense is being

allocated towards the “Administration” category. The remaining 75% ($76,351) is being placed in the “Promotional” category.

• Business Park Maintenance – $100,962

This expense was initiated in February 2007 to provide a solution for maintenance at the Business Park and MPEC grounds. The 4A Sales Tax Board pays the General Fund 40% of this total expense. This year’s request represents a 14% increase ($12,418) over the prior year budget. There are two factors driving this increase. First, the City’s retirement system (Texas Municipal Retirement System) completed an actuarial study in 2006. The City was notified of the need to contribute an additional 8% per year for the next several years. The second factor is a 5% increase in the city’s share of health insurance benefits. Outside of those two issues, all other accounts are remaining flat from the prior year.

• Water/Sewer/Sanitation – $10,500 I am estimating an average monthly water bill of $875 ($10,500). This covers all of the irrigation meters at the park. The 2009 actual charge of $27,314 represents an attempt to “catch-up” with past usage from meters that were not being read.

• Electricity – $500

I am estimating annual electricity charges of $500. This covers irrigation system pumps and controllers, as well as the lift station.

• Administrative Expense - $10,000

The Assistant City Manager, the Finance Department and City Attorney complete a significant amount of work each year to manage projects and provide administrative support for the operations of both the 4A and 4B Sales Tax Boards. This expenditure is eligible under state law. It is important to note that this expense will not provide additional compensation for any member of city staff. It aids in balancing the City’s General Fund for the 2009- 2010 Fiscal Year, and recognizes administrative support provided for the Board.

You will also be provided with a request from Cynthia Laney from Downtown Wichita Falls Development. At this time, I do not know the amount of her request. I asked Ms. Laney to estimate the amount of time she spends in recruiting or retaining primary business in Wichita Falls. The percentage that is not spent recruiting or retaining primary business in Wichita Falls should be allocated to the “Promotional” category.

State law allows you to allocate up to 10% of total revenue to your “Promotional” category. Based on estimated revenues for the 2009-2010 Fiscal Year, you can allocate $377,712 for Promotional expenses. The proposed budget (excluding whatever amount may be granted and allocated to Downtown Wichita Falls Development) stands at $301,361 (assuming 75% of the Regional Marketing Committee’s budget is allocated to Promotional). You may wish to allocate your remaining promotional expense towards implementation of the HCK2 Partners’ recommendations.

If you have any questions about this recommended budget, please do not hesitate to contact me at 761-7404 or [email protected] .

City Council Bill # 214 RESOLUTION NO. ______

Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation, A 4A Development Corporation, Including, But Not Limited To, The FY 2009-2010 Budget

WHEREAS, TEXAS LOCAL GOV ’T. CODE §501.073 provides:

TEXAS LOCAL GOV ’T. CODE §501.073. Supervision By Authorizing Unit

(a) The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation.

(b) A corporation's authorizing unit is entitled to access to the corporation's books and records at all times.

WHEREAS, the Board of Directors of the Wichita Falls Economic Development Corporation (WFEDC), a Texas 4A development corporation, enacted programs and expenditures, including its annual budget, in August and September of 2009, as described herein; and

WHEREAS, the City Council finds that it has reviewed the financial statements of the WFEDC, and has determined that the funds designated for “administration,” including all of the funds for the Chamber of Commerce and Sheppard Military Affairs Committee, are for the administration of projects intended to create and promote primary jobs in the City of Wichita Falls.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The Budget of the Wichita Economic Development Corporation, attached hereto as Fiscal Year 2009-2010 Budget , as modified to incorporate the latest adopted programs and expenditures, is hereby approved. The programs and expenditures described in WFEDC Programs and Expenditures adopted in August & September of 2009 are hereby approved.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk

WFEDC Programs and Expenditures adopted in August & September of 2009

Allocation of $312,269.50 for promotional expenditures (with expenditure details to be decided & approved later) for FY 2008-2009.

Carter Copter Construction Project – Proposed incentives for Carter Aviation Technologies (and related entities) in the amount of up to $500,000 of “costs” for land, buildings, and/or equipment for aircraft research, development, and manufacturing at a location in Wichita Falls to be determined in conjunction with the aforementioned company.

Carter Copter Aircraft Development Incentive Project – Proposed incentives for Carter Aviation Technologies (and related entities) in the amount of up to an additional $3,500,000 of “costs” for land, buildings, and/or equipment for aircraft research, development, and manufacturing at a location in Wichita Falls to be determined in conjunction with the aforementioned company---including authorizing execution of a Performance Agreement between the Wichita Falls Economic Development Corporation and CarterCopters, LLC for Incentives to Provide Primary Jobs in Wichita Falls and authorizing the President of the WFEDC to execute related notes, leases, investment agreements, and other documents in a form to be approved by the attorney for the WFEDC and further authorizing unexpended funds in the Carter Copter Construction Project to be used for this project.

Business Plan Contest (Amendment of FY 2009-10 Budget) – Proposed incentive for Lalani Center for Entrepreneurship and related entities in the amount of $15,000 ---including finding that $3,500 of such expenditure advertises and publicizes the City of Wichita Falls for the purpose of developing new and expanded business enterprises and $11,500 of such expenditure is for the administration of projects that create primary jobs.

Downtown Wichita Falls Promotion (Amendment of FY 2009-10 Budget) – Proposed incentive for Downtown Wichita Falls Development, Inc. to promote development in the downtown area in the amount of $120,000 ---including finding such expenditure advertises and publicizes the City of Wichita Falls for the purpose of developing new and expanded business enterprises.

FY 2009-2010 budget approval: Approving the attached Fiscal Year 2009-2010 Budget. The Chamber of Commerce funds will be expended pursuant to the Economic Development Services Contract with the Chamber.

Fiscal Year 2009-2010 Budget 4A Economic Development Corporation Short Financial Statement 8/3/09

FY06 FY 06 FY07 FY07 FY08 FY08 FY09 FY09 FY10 Budget Actual Budget Actual Budget Actual Budget Actual Budget Revenue Sales Taxes $2,941,098.00 $3,212,034.00 $3,265,727.00 $3,344,755.00 $3,344,369.80 $3,558,983.00 $3,551,795.33 $2,040,911.00 $3,551,509.00 Other Rents $106,800.00 $106,800.00 $106,800.00 $108,258.00 $106,800.00 $80,000.00 $106,800.00 Reimbursements $31,734.00 $31,734.00 $27,614.56 $27,615.00 Interest $380,000.00 $737,546.00 $380,000.00 $910,876.00 $700,000.00 $644,490.00 $700,000.00 $159,268.00 $91,200.00 Sale of Property $143,887.00

Total Revenues $3,321,098.00 $3,949,580.00 $3,784,261.00 $4,362,431.00 $4,182,903.80 $4,455,618.00 $4,386,209.89 $2,280,179.00 $3,777,124.00

Completed Projects Insurance $1,210.00 $1,210.00 $1,210.00 Ad Valorem Tax $31,734.00 $29,667.00 $31,734.00 $28,030.00 $27,615.00 $27,579.00 $27,079.00 PPG (10/12/04, 10/19/04) $1,109,934.00 Carter Copter $10,000.00 $10,000.00 Mesa Group $12,867.00 $5,172.00 Biggs & Matthews $15,501.00 Phase 1 Business Park (10/12/04, 10/19/04) $1,505,080.00 $190,129.00 $33,500.00 B.P. Development Consultant (1/3/05, 1/18/05) $25,000.00 Excalibur Paint & Coatings (9/6/05, 9/20/05) $66,500.00 Wichita Clutch #2 (2/8/06, 2/21/06) $105,000.00 $105,000.00 Texas Recreation $202,400.00 $165,000.00 ATCO Structures (12/19/05, 12/20/05) $1,900,000.00 $1,214,104.00 $349,500.00 Wichita Power Train $45,000.00 $22,000.00 Texas Transland $91,000.00 $76,000.00

Open Projects Professional Fees (12/17/98, 1/5/99) $30,000.00 $9,591.00 $30,000.00 $11,274.00 $30,000.00 $17,508.00 $30,000.00 $3,678.00 $30,000.00 CCI-Contract (includes SMAC) $135,000.00 $135,000.00 $152,000.00 $152,001.00 $156,354.00 $155,524.00 $163,979.86 $123,677.00 $499,227.00 Regional Marketing Taskforce $100,000.00 $39,912.00 $109,210.00 $113,604.00 $107,730.00 $103,812.00 $101,802.00 $97,211.00 $101,802.00 Regional Workforce Development $75,000.00 $43,667.00 $75,000.00 Business Park Maintenance $141,241.00 $138,776.00 $86,424.00 $86,740.00 $88,543.60 $100,962.00 Water/Sewer Sanitation $41,628.00 $27,314.00 $10,500.00 Electricity $499.00 $362.00 $500.00 Depreciation $9,572.00 $19,144.00 $19,144.00 ABB Control (2/05/01, 2/20/01) SMAC (6/20/05, 6/21/05) $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $100,000.00 $75,000.00 Vernon College Machining School $243,000.00 $70,412.00 $130,105.00 Affiliated Energy Products $61,380.00 $38,250.00 $5,000.00 Machining Solutions $409,500.00 $48,000.00 Business Park Marketing #2 $40,000.00 NEW Customer Service $600,000.00 $7,314.00 $148,000.00 Old Dominion $80,833.00 $47,904.00 $53,953.00 Business Park Utilities $367,000.00 $283,240.00

YTO $1,209,000.00

Tryer $112,000.00 $56,000.00 Transit Buses $268,000.00 Old Dominion #2 $75,000.00 Pratt Whitney Canada $450,000.00 Community Wide Marketing $50,000.00 SAFB Cyber $450,000.00 City Administrative Expense $10,000.00 Promotional Expenditures (undetermined) $312,270.00 Carter Copter Construction $500,000.00 Carter Copter Aircraft Devt Incentive $3,500,000.00 Business Plan Contest (Lalani) $15,000.00 Downtown Wichita Falls Promotion $120,000.00

Total Expenditures $2,765,400.00 $3,033,127.00 $1,771,065.00 $2,192,113.00 $2,306,075.00 $1,506,261.00 $1,925,420.46 $665,774.00 $4,916,280.00

Revenues Less Expenses $555,698.00 $916,453.00 $2,013,196.00 $2,170,318.00 $1,876,828.80 $2,949,357.00 $2,460,789.43 $1,614,405.00 -$1,139,156.00

Beginning Cash Balance $15,999,259.00 $15,999,259.00 $16,915,712.00 $16,915,712.00 $19,086,030.00 $19,086,030.00 $22,035,387.00 $22,035,387.00 $23,649,792.00

Ending Cash Balance $16,554,957.00 $16,915,712.00 $18,928,908.00 $19,086,030.00 $20,962,858.80 $22,035,387.00 $24,496,176.43 $23,649,792.00 $22,510,636.00

Reserved For Encumbrances $3,618,121.00 $5,458,268.00 $5,458,268.00 $2,083,364.00 $2,083,364.00 $2,985,317.00 $2,985,317.00 $4,073,134.46 $3,468,028.00

Unreserved Fund Balance $12,936,836.00 $11,457,444.00 $13,470,640.00 $17,002,666.00 $18,879,494.80 $19,050,070.00 $21,510,859.43 $19,576,657.54 $19,042,608.00

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Authorizing The City Manager To Execute An Amendment To The Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, Which Will Increase The Amount Payable For Animal Reclaim And Related Services To $14,073.43 Per Month.

INITIATING DEPT: Health ______COMMENTARY: In August 2007, the agreement with the Humane Society of Wichita County was amended. At that time, the City agreed to increase the daily reimbursement fee to $425, and animal control officers would begin euthanizing the animals the City impounded. The amended agreement was extended on November 4, 2008, until October 31, 2009. The Humane Society of Wichita County has requested a fee increase of 5% over the current contract amount. Due to licensing issues with the euthanasia medication, the animal control officers are no longer euthanizing. The Humane Society has requested an additional $500 per month to perform this service for the City. This will bring the monthly contract amount to $14,073.44.

This resolution will extend the agreement term to October 31, 2010. However, either party would retain the right to terminate the agreement with a 60-day notice. All other terms of the contract will remain the same.

Director of Health ______CITY MANAGER'S REMARKS: Approval of this resolution will authorize the City Manager to execute an amendment to the contract between the City and the Humane Society of Wichita County for animal reclaim services. The Humane Society has requested a fee increase of 5% over the current contract amount. Plus, they will be handling all euthanasia services at an additional cost of $500 per month. The City will see a total annual increase of approximately $13,110 under the amended contract.

City Manager ______ASSOCIATED INFORMATION:

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ( ) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 13b

City Council Bill # 215

RESOLUTION NO. ______

Resolution Authorizing The City Manager To Execute An Amendment To The Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, Which Will Increase The Amount Payable For Animal Reclaim And Related Services To $14,073.43 Per Month.

WHEREAS, the City currently contracts with the Humane Society of Wichita County to provide animal impoundment and reclaim services for animals collected by the Health Department; and,

WHEREAS, the City and the Humane Society have agreed to modifications to the existing agreement to provide for continued services.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The City Manager is authorized to execute the attached Amendment To Contract Between The City Of Wichita Falls And The Humane Society Of Wichita County, Texas, which will increase the amount payable for animal reclaim and related services to $14,073.43 per month, with changes to form as approved by the City Attorney.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

STATE OF TEXAS § COUNTY OF WICHITA §

AMENDMENT TO CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE HUMANE SOCIETY OF WICHITA COUNTY, TEXAS

THIS AMENDMENT, effective on the 1 st day of November, 2009, by and between the City of Wichita Falls, hereinafter referred to as “City,” and the Humane Society of Wichita County, Texas, hereinafter referred to as “Society,”

W I T N E S S E T H :

WHEREAS, the City and Society entered into a contract on the 20 th day of September, 2005, for the operation of an Animal Reclaim Center (the “Contract”) and said contract was amended on August 7, 2007 and November 4, 2008; and,

WHEREAS, it is the desire of both parties to extend the Contract.

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereby agree to amend Sections 3, 6B and 19A of the Contract.

SECTION 1 . Section 3 of the Contract is amended to read as follows:

“The City agrees to pay the Society the annual sum of $162,881.25 to be paid in monthly installments for the services to be performed by the Society under this Contract. Should services be rendered for an incomplete month, then payment will be made on a pro rata basis at $446.25 per day for those services. ”

SECTION 2 . Section 6.B. of the Contract is amended to read as follows:

“The Humane Society will perform euthanasia services on those animals collected and impounded by the City as the method of humanely destroying such animals that are not claimed by owners and which are not suitable for placement in new homes. These services shall be performed by the Humane Society in a timely manner, in accordance with the Society’s standard operating procedure, and in compliance with State and local laws and ordinances. Furthermore, the City agrees to pay a fee of $500.00 per month for this service. This service fee is in addition to the fee paid pursuant to Section 3 of the Contract.

SECTION 3 . Section 19.A. of the Contract is amended to read as follows:

“The contract term of this agreement shall be for a period beginning November 1, 2009, and ending October 31, 2010. All other terms, conditions and provisions of the September 20, 2005 contract, and the August 7, 2007 and November 4, 2008 amendments (unless specifically modified in this amendment) shall continue in full force and effect.

THIS AGREEMENT is made and entered into this 6 th day of October, 2009.

CITY OF WICHITA FALLS

By: ______Darron J. Leiker, City Manager ATTEST:

______Lydia Ozuna, City Clerk

APPROVED AS TO FORM:

______Miles Risley, City Attorney

HUMANE SOCIETY OF WICHITA COUNTY, TEXAS

By: ______

Title: ______

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Awarding Bid For The 2009 CDBG Water Main Replacement Project (CWF09-550-12) To Bowles Construction Company, In An Estimated Total Amount Of $224,365.00

INITIATING DEPT: Public Works/ Engineering ______COMMENTARY: On September 22, 2009, bids were opened for the CDBG Water Main Replacement Project (CWF09-550-12). This project will replace an existing 2-inch waterline on Tulip Street with a new 12-inch waterline from Duncan Street to Roosevelt Street along with new residential services. Additionally, the project will abandon a 2- inch waterline and reconnect the water services to an existing 12-inch waterline on Bonner Street between Homes Avenue and Cleveland Avenue.

The 12-inch waterline will complete a portion of the City’s Water System Master Plan by Freese and Nichols dated March 2008.

The bids received for this project are as follows:

COMPANY AMOUNT Bowles Construction – Wichita Falls, TX $ 224,365.00 Housley Communication, Inc. - Carrollton, TX $ 241,813.00 Gin-Spin, Inc., - Kennedale, TX $ 230,144.00 Bristow Contracting, LLC- Fort Worth, TX $ 245,112.00 Canary Construction, Inc.- Carrollton, TX $ 248,405.00 SMB Enterprises, Inc., - Denton, TX $ 294,255.00 Wichita Contractors, Inc., - Wichita Falls, TX $ 319,601.00

The engineer’s estimate was $342,787.00. The project is funded by the Department of Housing and Urban Development (HUD) through the American Recovery and Reinvestment Act.

Construction of this project should require approximately 90 consecutive days to complete.

Staff recommends award of the contract to Bowles Construction Company in the amount of $224,365.00 , based on unit price quantities.

Director, Public Works ______

Agenda item 13c

______

INITIATING DEPT: Public Works/ Engineering ______CITY MANAGER'S REMARKS: Approval of this resolution would award a bid and contract for the ’09 CDBG Water Main Replacement Project to the low bidder, Bowles Construction Company, in the amount of $224,365.00 , based on unit price quantities. Specifically, this project will replace an existing 2-inch waterline on Tulip Street with a new 12-inch waterline from Duncan Street to Roosevelt Street, along with new residential services. Additionally, the project will abandon a 2-inch waterline and reconnect the water services to an existing 12-inch waterline on Bonner Street between Homes Avenue and Cleveland Avenue. This project is identified on our Water System Master Plan. It is funded by the Department of Housing and Urban Development (HUD) through the American Recovery and Reinvestment Act and should be completed in about three months. City Manager ______ASSOCIATED INFORMATION: Resolution, Bid Tab, Map

BUDGET CERTIFICATION (Account No./ Amount) ( - - ) / ($224,365.00)

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

City Council Bill # 216 RESOLUTION NO. ______

Resolution Awarding Bid For The 2009 CDBG Water Main Replacement Project (CWF09-550-12) To Bowles Construction Company, In An Estimated Total Amount Of $224,365.00

WHEREAS, the City of Wichita Falls has advertised for bids for the 2009 CDBG Water Main Replacement Project (CWF09-550-12); and,

WHEREAS, it is found that the lowest responsible bidder is Bowles Construction Company, which made a unit price bid with an estimated total of $224,365.00.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The unit price bid for the 2009 CDBG Water Main Replacement Project (CWF09-550-12) is awarded to Bowles Construction Company, in an estimated total amount of $224,365.00, and the City Manager is authorized to execute an agreement with said Contractor for the construction of such project.

PASSED AND APPROVED this the 6th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Authorizing The City Manager To Execute The Attached Professional Services Agreement With Biggs And Mathews Environmental, Inc. For Services Related To The City’s Landfill Permit, In The Amount Of $204,000

INITIATING DEPT: Public Works/Sanitation ______COMMENTARY: The City of Wichita Falls Landfill requires annual environmental engineering services for testing, surveying and reporting in order to meet Texas Commission on Environmental Quality (TCEQ) regulations. Yearly, the City is required to submit data and reports on air permitting, landfill capacity evaluation and groundwater monitoring.

Additionally, TCEQ recently revised requirements under Subchapter J, increasing the number of groundwater monitoring wells required by reducing the spacing between the wells for landfills. Due to the lack of groundwater and significant amount of clay soils at the City’s landfill, the City is requesting a permit modification from this requirement to either cease groundwater monitoring in its entirety or at least maintain status quo. By acquiring this permit modification, the City hopes to eliminate the capital expenditures for additional wells and to save the cost of future sampling and testing. In order for the TCEQ to review the request, the City must complete a groundwater modeling analysis. The City will then apply for a Subchapter J Groundwater Well Spacing Permit Modification based on the groundwater modeling results.

Biggs and Mathews Environmental, Inc. has performed these services for the City for the past 7 years and has developed a great working relationship with the City. They have also developed a superb relationship with State Regulatory Agencies. Biggs and Mathews Environmental, Inc. is qualified to complete these services within the timeline specified while adhering to TCEQ’s permitting processes.

The engineering services were approved in the FY09-10 budget for $206,700.00.

Staff recommends award of the agreement to Biggs and Mathews Environmental, Inc. in the amount of $204,000.00 .

Director, Public Works ______

Agenda item 13d

______

INITIATING DEPT: Public Works/Sanitation ______CITY MANAGER'S REMARKS: The attached resolution would authorize staff to execute a professional services agreement with Biggs and Mathews Environmental, Inc. for services relating to the testing, surveying and permit reporting requirements of City’s Landfill. The total contract price is $204,000. The ’09-’10 budget includes adequate funds for this work.

City Manager ______ASSOCIATED INFORMATION: Resolution, Agreement

BUDGET CERTIFICATION (Account No./ Amount) (530-8185-72160) / ($204,000.00)

Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

City Council Bill # 217

RESOLUTION NO. ______

Resolution Authorizing The City Manager To Execute A Professional Services Agreement With Biggs And Mathews Environmental, Inc., For Services Related To The City’s Landfill Permit, In The Amount Of $204,000

WHEREAS, the City of Wichita Falls has determined that Biggs and Mathews Environmental, Inc., is qualified to provide Engineering Services for the City of Wichita Falls Landfill; and,

WHEREAS, it is found that the cost of Engineering Services to complete the sampling, testing and reporting for the City of Wichita Falls Landfill is an estimated total of $204,000.00.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

The City Manager is authorized to execute the attached Professional Services Agreement with Biggs and Mathews Environmental, Inc., for services related to the City’s landfill permit, in the amount of $204,000, with changes to form as approved by the City Attorney.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Awarding Bid For Asbestos Abatement Of Hazardous Structures To EDRS, Inc., dba ERS, In The Amount Of $23,778.00.

INITIATING DEPT: Finance/Purchasing ______COMMENTARY: Bids were opened September 22, 2009, for asbestos abatement of nine structures damaged in the July 2007 flood. Fifteen responses were received (bid tabulation attached).

These properties are the first flood damaged structures purchased by the City as a part of the Hazard Mitigation Grant Program approved by the City Council on September 2, 2008, Ordinance No.46-5008.

Staff recommends award of bid to the overall lowest responsible bidder EDRS, Inc., dba ERS, in the amount of $23,778.00.

Asst. City Manager/CFO Purchasing Agent Director Community Development ______CITY MANAGER'S REMARKS: Approval of this resolution would award a bid for asbestos abatement of nine structures damaged in the July 2007 flood to the overall lowest responsible bidder EDRS, Inc., dba ERS, in the amount of $23,778.00.

City Manager ______ASSOCIATED INFORMATION: Bid Tab, Resolution

BUDGET CERTIFICATION (Account No./ Amount) (267-6123-72310 / ($23,778.00) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 13e

City Council Bill # 218 RESOLUTION NO. ______

Resolution Awarding Bid For Asbestos Abatement of Hazardous Structures to EDRS, Inc., dba ERS, In The Amount Of $23,778.00.

WHEREAS, the City of Wichita Falls advertised and requested bids for the asbestos abatement of nine structures damaged in the 2007 flood, and bids were received and publicly opened on September 22, 2009; and,

WHEREAS, the City Council approved Ordinance No. 46-2008 at its meeting held September 2, 2008, for the implementation of the Hazard Mitigation Grant Program to acquire and demolish flood damaged properties; and,

WHEREAS, the City Council desires to have this work performed prior to demolition, and finds that that the bidder named herein is the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. The bid for Asbestos Abatement of 9 Properties is awarded to EDRS, Inc., dba ERS, in the amount of $23,778.00, and City Staff is authorized to execute contracts with said entity for this work.

2. If any bidders fail to execute contracts for this awarded work, City Staff is authorized to execute contracts with the next lowest bidder(s) for it.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA October 6, 2009 ______ITEM/SUBJECT: Resolution Awarding Bid For Demolition, Clearing And Cleaning Of Hazardous Structures To Weakley’s Dozier In The Amount Of $20,800.00.

INITIATING DEPT: Finance/Purchasing ______COMMENTARY: Bids were opened September 22, 2009 for demolition, clearing and cleaning of 10 structures damaged in the July 2007 flood. Eleven responses were received (bid tabulation attached).

These properties are the first flood damaged structures purchased by the City as a part of the Hazard Mitigation Grant Program approved by the City Council on September 2, 2008, Ordinance No. 46-5008.

Staff recommends award of bid to the overall lowest responsible bidder Weakley’s Dozier, in the amount of $20,800.00.

Asst. City Mgr./CFO Purchasing Agent Director Community Development ______CITY MANAGER'S REMARKS: Approval of this resolution would award a bid for demolition, clearing and cleaning of 10 structures damaged in the July 2007 flood to the overall lowest responsible bidder Weakley’s Dozier, in the amount of $20,800.00.

City Manager ______ASSOCIATED INFORMATION: Bid Tab, Resolution

BUDGET CERTIFICATION (Account No./ Amount) (267-6123-72310 / ($20,800.00) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney ______

Agenda item 13f

City Council Bill #219 RESOLUTION NO. ______

Resolution Awarding Bid For Demolition, Clearing And Cleaning Of Hazardous Structures To Weakley’s Dozier, In The Amount Of $20,800.00

WHEREAS, the City of Wichita Falls advertised and requested bids for the demolition, clearing and cleaning of 10 structures damaged in the 2007 flood, and bids were received and publicly opened on September 22, 2009; and

WHEREAS, the City Council approved Ordinance No, 46-2008 at the September 2, 2008, for the implementation of the Hazard Mitigation Grant Program to acquire and demolish flood damaged properties; and

WHEREAS, the City Council desires to have 10 structures demolished and finds that Weakley’s Dozier is the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

1. The bid for demolition, clearing and cleaning of 10 flood damaged structures is awarded to Weakley’s Dozier in the amount of $20,800.00, and City Staff is authorized to execute contracts for demolition with said entity for said work.

2. If the awarded bidder fails to execute contracts for the demolition as awarded herein, City Staff are authorized to execute contracts for demolition with the next lowest bidder(s) for these properties in accordance with the bid specifications.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R

ATTEST:

______City Clerk

______

CITY COUNCIL AGENDA OCTOBER 6, 2009 ______ITEM/SUBJECT: Resolution Authorizing The Purchase Of A SWAT Equipment Vehicle Through The General Services Administration Federal Supply Contract, From Farber Specialty Vehicles In The Amount Of $70,565.00.

INITIATING DEPT: Finance/Purchasing ______COMMENTARY: At the August 18, 2009 meeting Council approved an ordinance accepting funds for the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant, which included $71,600 for the purchase of a SWAT equipment vehicle. Police Department Staff has spent considerable time researching and designing a vehicle to meet the City needs. It was determined that Farber Specialty Vehicles offered the best value to the City. Attached is a schematic and photo of the vehicle which will be mounted on a Ford F350 cab & chassis.

Local Government Code Subchapter G, Section 271.103 allows a local government to purchase goods and services available under Federal supply schedules of the United States General Services Administration. Purchases of goods and services under this subchapter satisfies any state law requiring the local government to seek competitive bids.

Staff recommends the purchase of the SWAT Equipment Vehicle from Farber Specialty Vehicles in the Amount of $70,565.00.

Asst. City Manager/CFO Purchasing Agent Police Chief ______CITY MANAGER'S REMARKS: Approval of the attached resolution would authorize the purchase of a Special Weapons and Tactics (S.W.A.T.) equipment vehicle from Farber Specialty Vehicles, using the federal General Services Administration supply contract, in the total amount of $70,565. Funding for this vehicle will come from the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant.

City Manager ASSOCIATED INFORMATION: Resolution

BUDGET CERTIFICATION (Account No./ Amount) (287-3258) ($70,565.00) Budget Office Review LEGAL CERTIFICATIONS: APPROVED AS TO FORM: CODIFICATION: YES NO City Attorney Agenda item 13g

schematic

City Council Bill # 220

RESOLUTION NO. ______

Resolution Authorizing The Purchase Of A SWAT Equipment Vehicle Through The General Services Administration Federal Supply Contract From Farber Specialty Vehicles In The Amount Of $70,565.00.

WHEREAS, the City Council approved an ordinance accepting the Recovery Act Edward Byrne Memorial Justice Assistance Grant at its August 18, 2009 meeting; and,

WHEREAS, Texas Local Government Code § 271.103 provides:

Texas Local Gov’t Code § 271.103. Federal Supply Schedule Sources. (a) A local government may purchase goods or services available under Federal supply schedules of the United States General Services Administration to the extent permitted by federal law. (b) A local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services.

WHEREAS, the City Council finds that Farber Specialty Vehicles is offering to transfer a SWAT equipment vehicle to the City under the federal supply schedule of the General Services Administration and it is in the City’s best interest to purchase this vehicle from said company in accordance with the General Services Administration federal supply contract.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:

City Staff is authorized to execute all documents necessary to purchase a SWAT Equipment Vehicle from Farber Specialty Vehicles in the amount of $70,565.00 pursuant to the General Services Administration federal supply contract.

PASSED AND APPROVED this the 6 th day of October, 2009.

______M A Y O R ATTEST:

______City Clerk