City of Wichita Falls City Council Agenda

Stephen Santellana, Mayor Bobby Whiteley, At Large Michael Smith, District 1 DeAndra Chenault, Mayor Pro Tem Jeff Browning, District 3 Tim Brewer, District 4 Steve Jackson, District 5

Darron Leiker, City Manager Kinley Hegglund, City Attorney Marie Balthrop, City Clerk

Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, June 1, 2021, Beginning At 8:30 A.M.

This meeting can be accessed and viewed at the following locations: 1. The video may be livestreamed on the City’s YouTube page (https://www.youtube.com/cityofwf) 2. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300 3. A livestream will be shown on the City’s Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/CityofWF) 4. A video of the meeting will be posted on the City’s YouTube page (https://www.youtube.com/cityofwf)

Item #

1. Call to Order

2. (a) Invocation: Dr. Brian Bosworth - Pastor Floral Heights United Methodist Church

(b) Pledge of Allegiance

3. Presentations Employee of the Month – James Blake, Municipal Court

CONSENT AGENDA

4. Approval of minutes of the May 18, 2021 Regular Meeting of the Mayor and City Council.

5. Receive Minutes (a) Planning & Zoning Minutes – April 14, 2021 (b) Landmark Commission, April 27, 2021 REGULAR AGENDA

6. Public Hearings and Ordinances (a) Conduct a public hearing and take action on an ordinance annexing +/- 129.65 acres of land out of Block 30 and 33, Kemp & Newby Subdivision of Cherokee County School Lands (Abstract No. 33 – Wichita County and Abstract No. 81 – Clay County), located at 2875 Fisher Road at the request of the property owner; accepting the Fisher Road/Lantex Properties, LP. Servicing Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43; Subchapter C-3 – authority of municipalities to annex an area on the request of owners; and designating the initial zoning and Land Use Plan classification as Light Industrial (LI) i. Public Hearing ii. Take Action

(b) Conduct a public hearing and take action on an ordinance amending the Code of Ordinances, Appendix B: Zoning for an amendment to Section 3600 & 3605 - Revisions and additions to definitions to the permitted and conditional uses allowed in Heavy Industrial (HI) district to include uses of the more restrictive zones into the less restrictive zones; providing a repealer clause; and providing for inclusion i. Public Hearing ii. Take Action

(c) Conduct a public hearing and take action on an ordinance to establish minimum Standards of Care for the Summer Day Camp Program; providing a severability clause; and establishing an effective date i. Public Hearing ii. Take Action

7. Resolutions (a) Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 14-18, 2021

(b) Resolution to award bids for one (1) grazing lease at Lake Arrowhead, two (2) grazing leases at Lake Kickapoo, and two (2) hunting leases at Lake Kickapoo all for five (5) year terms beginning June 1, 2021 and ending May 31, 2026

(c) Resolution authorizing the City Manager to apply for and accept funding in an amount of $2,917,522 for a section of circle trail along Lake Wichita under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation

(d) Resolution authorizing the City Manager to apply for and accept funding in an amount of $1,834,104 for a section of circle trail along the Wichita River under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation

CITY COUNCIL AGENDA PAGE 2 OF 4 (e) Resolution authorizing the City Manager to execute a Professional Services Agreement with Alliance Transportation Group for transportation planning services in conjunction with the 2021-2022 Wichita Falls Metropolitan Planning Organization Freight Mobility Study, in the estimated amount of $146,543.00

(f) Resolution authorizing the City Manager to enter into Public Subcontractor/ Participating Agency Agreement between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of grant funded equipment that the City currently possesses on behalf of NCTTRAC

(g) Resolution authorizing the City Manager to enter into a Memorandum of Sharing (MOS) between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of the Healthcare Coalitions equipment and response activities

(h) Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $1,734,700 expenditure to facilitate a performance agreement with CMH Manufacturing, Inc., dba Clayton Homes, related to their proposed purchase and operation out of the WFEDC-owned facility at 2400 Burkburnett Road

(i) Resolution approving an amendment to the bylaws for the Wichita Falls Economic Development Corporation

(j) Resolution authorizing the City Manager to award bid and contract for the 2021 Alley Rehabilitation Project to Freeman Paving, L.L.C. in the amount of $385,169.00

(k) Resolution authorizing the City Manager to award bid and contract for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project to Leetech Solutions, LLC in the amount of $389,000.00

8. Other Council Matters Items of concern to members of the City Council

9. 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 start of the meeting. A three-minute time frame will be adhered to for those addressing their concerns. Since comments from citizens are not posted agenda items, the City Council is prohibited from deliberating or taking any action, other than a proposal to place the item on a future agenda. Staff may provide factual statements in response to inquiries or recite existing policy.

CITY COUNCIL AGENDA PAGE 3 OF 4 10. Executive Sessions (a) Executive Session in accordance with Texas Government Code §551.087 to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, economic development update).

11. Adjourn

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.

Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under “Executive Sessions” of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087.

CERTIFICATION

I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the 26th day of May, 2021 at 4:30 o’clock p.m.

______City Clerk

CITY COUNCIL AGENDA PAGE 4 OF 4 ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Employee of the month.

INITIATING DEPT: Finance/Municipal Court ______COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, dinner for two and check for $100) to James Blake.

Director of Human Resources ______ASSOCIATED INFORMATION: Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 2 PAGES AGENDA ITEM NO. 3. EMPLOYEE OF THE MONTH FOR June 2021

NAME: James Blake DEPARTMENT: Finance/Municipal Court HIRED: Part time 09/15/2018 Wichita Falls Municipal Court Deputy City Marshall and Airport Security and hired full time position 11/15/2018 as Wichita Falls Municipal Court PRESENT POSITION: Deputy City Marshall

NARRATIVE: Jim is a fantastic officer. He strives each day to offer the best service to our city and our community. Jim has a very good working relationship with the public and our staff. He takes the time to listen and help in any way he can. Jim is definitely an asset to our department and our city.

FAMILY: I am blessed to be married to Lori Blake and we have four sons, 5 grandchildren that consists of 4 boys and 1 girl.

HOBBIES: I consider spending as much as I can with family as a very enjoyable hobby.

PAGE 2 OF 2 PAGES AGENDA ITEM NO. 3. City of Wichita Falls City Council Meeting Minutes May 18, 2021

Item 1 - Call to Order

The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o’clock a.m., with the following members present.

Stephen L. Santellana - Mayor DeAndra Chenault - Mayor Pro Tem Tim Brewer - Councilors Jeff Browning - Steve Jackson - Michael Smith - Bobby Whiteley -

Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk

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Mayor Santellana called the meeting to order at 8:30 a.m.

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Item 2a – Invocation

Pastor Bob McCartney, First Baptist Church, gave the invocation.

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Item 2b – Pledge of Allegiance

Mayor Santellana led the Pledge of Allegiance.

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Item 3-4 – Consent Items

Page 1 of 7 Agenda Item No. 4. 8:32 a.m.

City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda.

Moved by Councilor Smith to approve the items on the consent agenda.

Motion seconded by Councilor Browning and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

Item 3 – Approval of minutes of the May 4, 2021 Regular Meeting of the Mayor and City Council

Item 4 – Receive Minutes

(a) WFMPO -Technical Advisory Committee, January 14, 2021 (b) WFMPO – Transportation Policy Committee, January 28, 2021 (c) Landmark Commission, March 30, 2021 (d) Wichita Falls 4B Sales Tax Corporation, April 1, 2021 (e) Lake Wichita Revitalization Committee, April 13, 2021

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Item 5 – Ordinance 13-2021 8:33 a.m.

Ordinance making an appropriation to the Special Revenue Fund for COVID-19 Immunization Grant funding in the amount of $510,934 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same.

Moved by Councilor Brewer to approve Ordinance 13-2021.

Motion seconded by Councilor Browning and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

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Page 2 of 7 Agenda Item No. 4.

Item 6a – Resolution 49-2021 8:35 a.m.

Resolution awarding Construction Services Contract to MARRS Patriot Construction, LLC for The Health Department, Women, Infant and Children Renovation Project.

Moved by Councilor Brewer to approve Resolution 49-2021.

Motion seconded by Councilor Chenault and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

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Item 6b – Resolution 50-2021 8:38 a.m.

Resolution authorizing an inter-local agreement between The City of Wichita Falls, Texas and Wichita County, Texas for the location of the City’s radio communications equipment on the communications tower at the Wichita County Law Enforcement Center located at 2815 Central Freeway East, Wichita Falls, TX

Moved by Councilor Chenault to approve Resolution 50-2021.

Motion seconded by Councilor Browning and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

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Item 6c – Resolution 51-2021 8:40 a.m.

Resolution authorizing the City Manager to award bid and contract for the 2021 Concrete Street Rehabilitation Project to Scales Concrete Construction Co., Inc. in the amount of $676,450.00.

Moved by Councilor Brewer to approve Resolution 51-2021.

CITY COUNCIL MINUTES May 18, 2021 PAGE 3 OF 7 Page 3 of 7 Agenda Item No. 4. Motion seconded by Councilor Whiteley and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

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Item 6d – Resolution 52-2021 8:42 a.m.

Resolution authorizing the City Manager to award bid and contract for the Memorial Auditorium Sewer Project to Bowles Construction Co. in the amount of $94,130.00.

Moved by Councilor Browning to approve Resolution 52-2021.

Motion seconded by Councilor Brewer and carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

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Item 6e – Resolution 53-2021 8:46 a.m.

Resolution to accept the written offer as presented for 2 Trustee parcels and authorizing execution of the Quitclaim Deed to convey title to Luis Martinez.

Moved by Councilor Brewer to approve Resolution 53-2021.

Motion seconded by Councilor Browning.

Pat Hoffman, Property Management/Lake Lot Administrator, discussed the two trustee properties located at 1615 and 1617 Harding Street.

Motion carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley.

Nays: None

CITY COUNCIL MINUTES May 18, 2021 PAGE 4 OF 7 Page 4 of 7 Agenda Item No. 4. ------

Item 6f – Resolution 54-2021 8:49 a.m.

Resolution accepting the 2021 Strategic Planning Workshop Report and directing City staff to develop recommended approaches to implement the strategies outlined therein.

Moved by Councilor Browning to approve Resolution 54-2021.

Motion seconded by Councilor Brewer.

Paul Menzies, Deputy City Manager, presented an overview of the updated Strategic Plan, each of the five goals, and the strategies for each goal.

There was brief discussion regarding the Hotel/Convention Center project, funding of the project, and how property taxes will not be affected by this project. There will not be an increase in taxes for the development of this project. There is a page on the website dedicated to informing the public about this project, and Council discussed the positive impact the project will have.

Motion carried by the following vote:

Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley.

Nays: Councilor Jackson

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Item 7 – Items of Concern to Members of the City Council 9:26 a.m.

Councilor Jackson met with Code Enforcement in District 5 and looked at problem areas. He stated that he appreciated their time.

Councilor Brewer is really excited about the growth in Wichita Falls, and the two new schools being built in the future. He attended the Police Memorial service which was a very professional and emotional service. We have a very high class department.

Councilor Chenault said good morning and thanked everyone for attending or watching online. Congratulations to all 2021 High School Graduates. She asked John Burrus to give an update of the rules of the new bike lanes. Mr. Burrus stated that these lanes are shared with motor vehicles and bicycles, and rules of the road apply. If you approach a cyclist change lanes and pass the bicycle. There is nothing in state law that prohibits cyclists from being on our roadways. The emblems are gentle reminders that we do have cyclists that use our roadways and we should show them respect. There is

CITY COUNCIL MINUTES May 18, 2021 PAGE 5 OF 7 Page 5 of 7 Agenda Item No. 4. a page on the website with a list of do’s and don’ts for the use of these lanes. There was brief discussion on the timeline for completion of the project.

Councilor Whiteley discussed the importance of some of the redundant conversations Council has in order to inform the public. Kudos to John Burrus for going above and beyond for his employee of the month. He asked Russell Schreiber for a ballpark cost for replacement of downtown infrastructure such as replacing one block of water line. Mr. Schreiber said it is hard to estimate as each line is different in size, but a rough estimate would be approximately $300,000 for 300 feet on line. Mr. Schreiber discussed the emphasis on what lines are repaired and how they focus on areas where there are leaks, water quality issues, and lack of fire protection. Mr. Leiker discussed the challenges with predicting the needs of a 100 year old system and the budget challenges.

Councilor Smith took a tour of the new County Law Enforcement Center and it is an impressive state of the art building. Congratulations to the County for this amazing facility. It will greatly improve the book in area for our officer’s and reduce the time to complete that process. He and his wife walked on the new portion of the trail by Lucy Park and it is beautiful and neat environment. He inquired about the one portion that is still not paved. Mr. Schreiber stated that they have applied for grant funding to complete the project.

Mayor Santellana said it was an honor to be at the Police Memorial service and he appreciated this high class service. Congratulations to all high school and college graduates. Citizen’s Academy is going well and it has been nice to see citizens educating themselves on City processes. He finally received all of the information on the need for Hirschi band students to receive their letter jackets, and people have stepped up to ensure all students will receive their jackets.

Councilor Jackson inquired about when the new County Law Enforcement facility would open, and it was stated late summer or early fall.

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Item 8 – Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 9:50 a.m.

Eugene Crumpler, Jr., 908 Velray Ave, Abernathy, TX addressed the Council. He lives in Abernathy, TX but leases lake front property at Lake Arrowhead. They are building a retirement home, and he discussed issues with rights-of-way and public access below the 930 elevation. They are required to take care of the shoreline at their property, and he has concerns with public access to his property below the 930 elevation. He provided pictures to the City Council and discussed concerns with a new fence he is installing, the inability to build it below the 930 elevation, and the other structures and fences that are below the 930 elevation. Mr. Hegglund stated that this is a contract

CITY COUNCIL MINUTES May 18, 2021 PAGE 6 OF 7 Page 6 of 7 Agenda Item No. 4. issue for the lease. Mayor Santellana stated he would get information from staff and encouraged Mr. Crumpler to set up a private meeting with staff.

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Item 9 –Adjourn

Mayor Santellana adjourned the meeting at 10:00 a.m.

PASSED AND APPROVED this 1st day of June 2021.

______Stephen L. Santellana, Mayor

ATTEST:

______Marie Balthrop, TRMC, MMC City Clerk

CITY COUNCIL MINUTES May 18, 2021 PAGE 7 OF 7 Page 7 of 7 Agenda Item No. 4. Page 1 of 5 Agenda Item No. 5.a Page 2 of 5 Agenda Item No. 5.a Page 3 of 5 Agenda Item No. 5.a Page 4 of 5 Agenda Item No. 5.a Page 5 of 5 Agenda Item No. 5.a Page 1 of 3 Agenda Item No. 5.b Page 2 of 3 Agenda Item No. 5.b Page 3 of 3 Agenda Item No. 5.b ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance annexing +/- 129.65 acres of land out of Block 30 and 33, Kemp & Newby Subdivision of Cherokee County School Lands (Abstract No. 33 – Wichita County and Abstract No. 81 – Clay County), located at 2875 Fisher Road at the request of the property owner; accepting the Servicing Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43, Subchapter C-3 – authority of municipalities to annex an area on the request of owners; and designating the initial zoning and Land Use Plan classification as Light Industrial (LI).

INITIATING DEPT: Development Services ______STRATEGIC GOAL: Accelerate Economic Growth

STRATEGIC OBJECTIVE: n/a ______COMMENTARY: · Fall 2020 – Staff met with landowner regarding non-approved connection to City of Wichita Falls utilities (water/sewer) serving a recently constructed commercial/industrial warehouse building at 2875 Fisher Road, immediately east of the City’s municipal limits. · Jan.- Feb. 2021 – Coordination with landowner, engineer, and City development review team regarding steps forward for a potential owner-initiated annexation request. · March 8, 2021 – Property owner submits voluntary annexation request to City. · April 7, 2021 – Draft annexation service plan distributed to department directors. · April 14, 2021 – Planning & Zoning Commission conducts public hearing; recommends City Council zone to Light Industrial if annexed into city limits. · April 30, 2021 – Departmental response deadline for revisions to the draft Annexation Service Plan; revisions for various municipal services incorporated. · May 12, 2021 – Annexation service plan agreement sent to landowner/engineer. · May 14, 2021 – Written notice of proposed annexation mailed to school districts, public entities, and special districts in the area proposed for annexation. · May 14, 2021- Property for annexation posted with notice for public hearing. · May 20, 2021 - Notice of City Council public hearing published in TRN and posted on City’s website in accordance with state statutes. · June 1, 2021 – City Council scheduled to conduct public hearing and consider ordinance annexing property into city limits.

Summary The subject property’s owner, Andy Bowles dba Lantex Properties, Inc., has submitted to the City a request for voluntary annexation of the tract into the corporate limits of Wichita

PAGE 1 OF 23 PAGES AGENDA ITEM NO. 6.A Falls to access City services, specifically water and sewer. The tract consists of 129.65+ acres, a portion being within Clay County (see Attachment A, below), and is within the City’s 5-mile extraterritorial jurisdiction (ETJ) as such is defined by State law.

Pursuant to related statute, all required notices have been provided to entities in both Wichita and Clay counties with regards to the request. No comments have been received to date.

Proposed Zoning Designation The draft ordinance also proposes a zoning designation of the property as “Light Industrial” (LI), which aligns with the property owner’s mid/long-term plans for the property and is consistent with the existing zoning and uses in the area, particularly at the Wichita Falls Business Park. On April 14, 2021, the Planning & Zoning Commission unanimously approved a recommendation to the City Council of “LI” zoning if the property were to be annexed.

Staff recommends approval of the ordinance annexing the tract into the corporate limits of Wichita Falls and providing a zoning designation of such as Light Industrial.

Assistant City Manager Development Services Director ______ASSOCIATED INFORMATION: Attachment A – Location Map: Fisher Road/Lantex Properties, LP.; Attachment B – Service Plan Agreement; Attachment C – Site Photos; Attachment D – Zoning and Land Use Map; Attachment E – Light Industrial (LI) Zoning District Uses; Attachment F – Planning & Zoning Commission Minute Excerpt; Ordinance; Exhibit ‘A’ – Field Notes; Exhibit ‘B’ – Requested Annexation Area Map; Exhibit ‘C’ – Proposed Annex Area, Municipal Boundary and ETJ Boundary Expansion; Exhibit ‘D’ – Proposed Designated Zoning Map; and Exhibit ‘E’ – Proposed Designated Land Use Map

Budget Office Review:

City Attorney Review:

City Manager Approval ______

PAGE 2 OF 23 PAGES AGENDA ITEM NO. 6.A

ATTACHMENT A - Location Map

PAGE 3 OF 23 PAGES AGENDA ITEM NO. 6.A

ATTACHMENT B – Service Plan

City of Wichita Falls

ANNEXATION SERVICE PLAN AGREEMENT

FISHER ROAD/LANTEX PROPERTIES, LP. 2875 Fisher Road

June 2021

PAGE 4 OF 23 PAGES AGENDA ITEM NO. 6.A INTRODUCTION

On March 8, 2021 Lantex Properties, LP. submitted a petition for annexation of a 129.65- acre tract of land situated in Wichita and Clay Counties referenced as a portion of Block 30 and 33 Kemp & Newby Subdivision out of Cherokee County School Lands (Abstract No. 33 – Wichita County and Abstract No. 81 – Clay County).

Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls has coordinated with each department and put together the Fisher Road//Lantex Properties, LP. – Service Plan Agreement for future delivery of municipal services to an area which is proposed to be annexed into the City.

The following municipal service agreement outlines each service the municipality (City of Wichita Falls) will provide either on the effective date of the owner-requested (owner referenced as Lantex Properties, LP.) annexation adoption or to become effective at such time as outlined in a schedule of service. Future municipal services outlined in this agreement are for a land tract subject to petitioned annexation consideration by the City of Wichita Falls, Texas and referenced in Attachment A – General Location Map and Exhibits A and B. The City of Wichita Falls is not required to provide services not included in this petitioned annexation municipal services agreement.

PAGE 5 OF 23 PAGES AGENDA ITEM NO. 6.A FISHER ROAD/LANTEX PROPERTIES, LP. PETITIONED ANNEXATION AGREEMENT

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

This area will be served using the same operational standards for response, investigation and code compliance as provided to other areas of the city.

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.

Engineering Services

Engineering services will be limited to 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.

Library

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

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.

PAGE 6 OF 23 PAGES AGENDA ITEM NO. 6.A

Traffic Services

When, at a future time, dependent on development demands the City deems it necessary based on the Manual on Uniform Traffic Control Devices (MUTCD) standards from the U.S. Federal Highway Administration for street lights, pavement markings, traffic signals, traffic signs, including street name, warning and regulatory signs, will be maintained by the City of Wichita Falls Traffic Department. Traffic counts and other related studies will be conducted as warranted, using the same procedures and guidelines as practiced within the City.

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 solid waste 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 City’s solid waste 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.

4. The City is the sole provider of residential and commercial solid waste collection and disposal.

Schedule of Timing for Solid Waste Collection and Transfer Station Services The property will be served at the same rate as available to other City business customers for refuse collection and transfer station services upon completion of all final platting requirements.

Water and Sanitary Sewer Facilities

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

PAGE 7 OF 23 PAGES AGENDA ITEM NO. 6.A 2. Sanitary Sewer will be in accordance with individual application of septic systems where applicable, 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.

Schedule of Timing for Provision of Water and Sanitary Sewer Service The property is served by City Water and Sanitary Sewer services and may be reconnected to these utilities upon completion of all final platting requirements.

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.

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.

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.

PAGE 8 OF 23 PAGES AGENDA ITEM NO. 6.A 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 of WICHITA FALLS

By: Darron Leiker City Manager

LANTEX PROPERTIES, LP.

By: Andy Bowles President, Lantex Properties, LP.

CITY of WICHITA FALLS

APPROVED as to FORM: ATTEST:

Kinley Hegglund Marie Balthrop City Attorney City Clerk

PAGE 9 OF 23 PAGES AGENDA ITEM NO. 6.A Attachment C – Site Photos – 2875 Fisher Road

PAGE 10 OF 23 PAGES AGENDA ITEM NO. 6.A Attachment D – Zoning and Land Use Map

PAGE 11 OF 23 PAGES AGENDA ITEM NO. 6.A Attachment E – Light Industrial (LI) Zoning District Uses

The following uses are permitted subject to submittal of a site plan and review by the Planning Division.

Residential uses: Existing Residential units may be rebuilt or replaced if destroyed, however, the number of dwelling units on a parcel shall not be increased. New dwelling units shall not be permitted unless replacing an existing unit of the same square footage.

Civic uses: Public safety services Religious assembly Utility service

Commercial uses: Adult entertainment and sexually oriented commercial establishments, subject to the provisions of section 5500. Alcoholic beverage sales, subject to the provisions of section 5400. Automotive repairs Automotive sales and service Automotive service station Boat sales and service Bus station Business and trade schools Car wash Clinic Club Coin-operated amusement machines establishment, as regulated by section 5905. Contractor’s yard Convenience store Donation box Exterminating services, without chemical storage Funeral home Hospital Hotel Indoor sports and recreation Kennel Light Manufacturing Medical Office Motel Movie Theater Nursery Offices Outdoor entertainment and recreation Outdoor storage

PAGE 12 OF 23 PAGES AGENDA ITEM NO. 6.A

Attachment E - Light Industrial (LI) Zoning District Uses Cont’d

Parking facilities Repair Services Restaurants Retail trade Self-storage facilities/mini-warehouse Services Shopping center Veterinary services

Light Industrial uses: Agriculture equipment sales and services. Fabrication and assembly. Freight hauling. Heavy machinery sales and service. Lumberyards. Manufactured housing, individual accessory use. Manufactured housing sales. Oil drilling, subject to the provisions of appendix A, Subdivision and Development Regulations, section 6.4, Oil and Gas Well, as amended. Trucking facility. Warehousing facility.

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

Airport Communications towers and antennas as regulated by section 5910 Community residential center Expansion of an existing residence Exterminating services, with on-site chemical storage Fuel and chemical storage Landfill Mining and excavation Motor vehicle salvage yard, subject to chapter 46, Environment, article V, Outdoor Storage, Wichita Falls Code of Ordinances, as amended Outdoor food court Shooting range (indoor) Shooting range (outdoor) Slaughterhouse and meat packaging Stockyards Halfway house

PAGE 13 OF 23 PAGES AGENDA ITEM NO. 6.A Attachment F – Planning & Zoning Commission Minute Excerpt

PAGE 14 OF 23 PAGES AGENDA ITEM NO. 6.A Attachment F – Planning & Zoning Commission Minute Excerpt – cont.

PAGE 15 OF 23 PAGES AGENDA ITEM NO. 6.A Ordinance No. ______

Ordinance annexing +/- 129.65 acres of land out of Block 30 and 33, Kemp & Newby Subdivision of Cherokee County School Lands (Abstract No. 33 – Wichita County and Abstract No. 81 – Clay County), located at 2875 Fisher Road at the request of the property owner; accepting the Fisher Road/Lantex Properties, LP. Servicing Plan Agreement for said tract under authority of Texas Local Government Code Chapter 43; Subchapter C-3 – authority of municipalities to annex an area on the request of owners; and designating the initial zoning and Land Use Plan classification as Light Industrial (LI)

WHEREAS, the Planning Division received a request for petitioned annexation on March 8, 2021; and,

WHEREAS, the governing body, Wichita Falls City Council, heard arguments for and against the petition on June 1, 2021 and granted the petition for annexation by area landowners; and,

WHEREAS, City departments have reviewed such annexation request and find that such annexation would not burden City resources in providing service(s); and,

WHEREAS, the City Council has determined that such annexation is in the public interest.

WHEREAS, the Planning and Zoning Commission considered the proposed zoning designation at its April 14, 2021, meeting, and voted to recommend approval of this request; and

WHEREAS, the City Council has reviewed this request and has determined the herein described Zoning amendment is in the public interest with a recent approval of a petitioned annexation of the subject tract.

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

1. A tract of land being 129.65 acres described in Field Notes herein included as Exhibit “A” and as shown on the map included as Exhibit “B”, is hereby annexed into the City of Wichita Falls.

2. The annexation will expand the City of Wichita Falls Extraterritorial Jurisdiction (ETJ) area as shown on the map included as Exhibit “C.”

3. The City Council further directs the City Clerk to file a certified and true copy of this ordinance together with a copy or duplicate of the petition for annexation in the office of the Wichita County Clerk, Wichita County after its passage as required by law.

PAGE 16 OF 23 PAGES AGENDA ITEM NO. 6.A 4. Block 30 and 33 Kemp & Newby Subdivision, out of Cherokee County School Lands (Abstract No. 33 – Wichita County and Abstract No. 81 – Clay County; +/- 129.65 acres), as depicted on the attached map incorporated in this ordinance as Exhibit “D”, is hereby zoned for Light Industrial (LI) uses.

5. The area on the Land Use Map, as depicted on the attached map incorporated in this ordinance as Exhibit “E” is hereby classified for Light Industrial land uses.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

PAGE 17 OF 23 PAGES AGENDA ITEM NO. 6.A Exhibit ‘A’ Field Notes

PAGE 18 OF 23 PAGES AGENDA ITEM NO. 6.A Exhibit ‘A’ Field Notes Continued

PAGE 19 OF 23 PAGES AGENDA ITEM NO. 6.A Exhibit ‘B’

Requested Annexation Area Map

PAGE 20 OF 23 PAGES AGENDA ITEM NO. 6.A

Exhibit ‘C’ Proposed Annex Area, Municipal Boundary and ETJ Boundary Expansion

PAGE 21 OF 23 PAGES AGENDA ITEM NO. 6.A Exhibit “D”

Proposed Designated Zoning Map

PAGE 22 OF 23 PAGES AGENDA ITEM NO. 6.A Exhibit “E” Proposed Designated Land Use Map

PAGE 23 OF 23 PAGES AGENDA ITEM NO. 6.A ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance amending the Code of Ordinances, Appendix B: Zoning for an amendment to Section 3600 & 3605 - Revisions and additions to definitions to the permitted and conditional uses allowed in Heavy Industrial (HI) district to include uses of the more restrictive zones into the less restrictive zones; providing a repealer clause; and providing for inclusion.

INITIATING DEPT: Development Services/Planning ______STRATEGIC GOAL: Accelerate Economic Development

STRATEGIC OBJECTIVE: Encourage…Recruitment of High Value Businesses ______COMMENTARY:

· March 2021 – Following a prospective development meeting, staff identified the limited allowed uses in the Heavy Industrial (HI) zoning district and began researching uses to propose an amendment. · April 25, 2021 – Notice of May 12, 2021 Planning and Zoning Commission (P&Z) public hearing published in Times Record News (TRN). · May 12, 2021 – P&Z conducts public hearing and unanimously recommends approval of additions and deletions of uses in the HI zoning district as outlined in the staff report for City Council consideration. · May 16, 2021 - Notice of June 1, 2021 City Council public hearing published in TRN. · June 1, 2021 – City Council scheduled to conduct public hearing and consider ordinance.

This is a City-initiated proposal to amend the City’s zoning ordinance and expand the allowed and conditional uses in the areas of the City zoned “Heavy Industrial” (HI) district. Staff recognized there to be a deficit of permitted and conditional uses in HI following recent inquiries in which the proposed use was not allowed in HI, and staff believed the proposed use to be harmonious with other industrial uses. On May 12, 2021, the P&Z conducted a public hearing and, by unanimous vote, recommend to the City Council the approval of the amendments.

The proposed amendments are more specifically described in the attached ordinance with items underlined being proposed additions and items with strike through proposed for deletion.

Staff and the P&Z recommend approval of the proposed ordinance.

PAGE 1 OF 9 PAGES AGENDA ITEM NO. 6.B Assistant City Manager Development Services Director ______ASSOCIATED INFORMATION: Exhibit A – Planning & Zoning Commission – May 2021 Minutes Excerpt; Exhibit B – Heavy Industrial Zoning District Map; Ordinance

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 2 OF 9 PAGES AGENDA ITEM NO. 6.B Exhibit A – Planning and Zoning Commission – May 2021 Minutes Excerpt

M I N U T E S – E X C E R P T

PLANNING & ZONING COMMISSION

May 12, 2021

PRESENT: Jack Browne u Member David Cook u Chairman Michael Grassi u Member Blake Haney u Member Steve Lane u Member Noros Martin u Member Wayne Pharries u Alternate #1 Cayce Wendeborn u Member Jeremy Woodward u Vice-Chair Mark McBurnett u SAFB Liason Councilor Whiteley u Council Liason

Blake Jurecek, Assistant City Manager u City Staff James McKechnie, Senior Asst. City Attorney u Terry Floyd, Development Services Director u Fabian Medellin, Planner II u Christal Ashcraft, Community Development Admin. Asst. u Pat Hoffman, Property Mgmt. Administrator u Rita Miller, Code Enforcement & Housing Administrator u

ABSENT: Dan Leslie u Alternate #1 Anthony Inman uMember

Case TA 21-01 Text Amendment – Additions and Deletions:

Public hearing and consideration of a request to amend the Code of Ordinances, Appendix B: Zoning and Ordinance regarding the following regulations: Additions to the permitted and conditional uses allowed in Heavy Industrial (HI) districts to align the hierarchical zoning structure with the inclusion of uses of the more restrictive zones into the less restrictive zones.

a) Public Hearing b) Take Action

Chairman Cook opened the public hearing at 2:15 p.m. Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Medellin presented the case and stated staff regularly looks at city policies and procedures and ways to improve them, making them more efficient and beneficial for property owners and

PAGE 3 OF 9 PAGES AGENDA ITEM NO. 6.B Exhibit A – Planning and Zoning Commission – May 2021 Minutes Excerpt promote development throughout the city. While reviewing city ordinances staff noticed a gap between Light Industrial (LI) and Heavy Industrial (HI) districts.

The city zoning ordinance was adopted in 1985, at that time there were a total of 13 districts, 6 base zones and 7 special districts. The 6 base zones are formatted in what is called cumulative zoning. Listed from the most restrictive/least intense to least restrictive/most intense are; Single Family – 1 (SF-1), Single Family-2 (SF-2), Limited Commercial (LC), General Commercial (GC), Light Industrial (LI), & Heavy Industrial (HI). Mr. Medellin stated, with each transition from most to least, the allowed uses carry over to the next least restrictive district. Staff noticed while examining the Heavy Industrial (HI) district the original zoning drafters did not carry over several uses from the Light Industrial district. Staff have identified several uses to amend and add to the Heavy Industrial zone to promote development and one use deemed incompatible with the intent of the Heavy Industrial zone, Halfway houses. Staff wanted to exclude all other forms of residential uses from Heavy Industrial as in the city's zoning industrial districts, all residential uses are not allowed. Listed are the uses staff would like to have moved to the Heavy Industrial (HI) district:

1. Contractor’s Yard 2. Extermination Services 3. Offices 4. Religious Assembly 5. Retail Trade 6. Services 7. Shopping Center 8. Stockyards 9. Slaughterhouse & Meat Packing

When looking at ways to improve the development process and its’ opportunities, staff felt these items were key to expand, expedite, and promote commercial development. This information is being presented to the Commission to gain a favorable recommendation to proceed with presenting the proposed amendments to City Council for consideration.

Mr. Terry Floyd, Development Services Director, briefly expanded on the proposed changes.

Chairman Cook asked if there were any public comments. Chairman Cook closed the public hearing and opened it up to the Commission. There were no comments or questions from the Commission. Chairman Cook called for a vote. Motion passed unanimously with a vote of 9-0 to present to City Council.

PAGE 4 OF 9 PAGES AGENDA ITEM NO. 6.B Exhibit B – Heavy Industrial Zoning District Map

PAGE 5 OF 9 PAGES AGENDA ITEM NO. 6.B Ordinance No. ______

Conduct a public hearing and take action on an ordinance amending the Code of Ordinances, Appendix B: Zoning for an amendment to Section 3600 & 3605 - Revisions and additions to definitions to the permitted and conditional uses allowed in Heavy Industrial (HI) district to include uses of the more restrictive zones into the less restrictive zones; providing a repealer clause; and providing for inclusion

WHEREAS, the city staff has reviewed this proposal and recommends approval of these amendments to the Code of Ordinances; and,

WHEREAS, the Planning and Zoning Commission and City Council concurs with city staff’s recommendation to amend the Code of Ordinances, Appendix B – Zoning, Sections 3600 & 3605 for the life, health, and safety of its residents;

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

1. Permitted and Conditional Uses in HI – Additions and Deletions The following section of Appendix B of the Wichita Falls Code of Ordinances is hereby amended with various additions and deletions to the permitted and conditional uses:

[Sec.] 3600. - Permitted uses.

The following uses are permitted in the HI Heavy Industrial District subject to the site plan review provisions of section 7100:

Civic uses:

Halfway house.

Public safety services.

Religious assembly.

Utility service.

Community residential centers.

Commercial uses:

Alcoholic beverage sales, subject to the provisions of section 5400.

PAGE 6 OF 9 PAGES AGENDA ITEM NO. 6.B Coin-operated amusement machines establishment, as regulated by section 5905.

Contractor’s yard.

Convenience stores.

Donation box.

Exterminating services, with or without chemical storage.

Offices.

Outdoor storage.

Restaurants.

Retail trade.

Services.

Shooting range (indoor).

Shopping center.

Heavy commercial uses:

Agriculture sales and services.

Airports.

Fabrication and assembly.

Freight hauling.

Fuel and chemical storage.

Heavy machinery sales and storage.

Light manufacturing.

Lumberyards.

Mining and excavation.

Manufactured housing, individual accessory use.

Manufactured housing sales.

PAGE 7 OF 9 PAGES AGENDA ITEM NO. 6.B Motor vehicle salvage yard, subject to chapter 46, Environment, article V, Outdoor Storage, Wichita Falls Code of Ordinances, as amended.

Oil drilling, subject to the provisions of appendix A, Subdivision and Development Regulations, section 6.4, Oil and Gas Well, as amended.

Stockyards.

Trucking facilities.

Warehousing facilities.

Industrial uses:

Basic industry and manufacturing.

Industrial park.

Power generation.

Refineries.

(Ord. No. 28-86, § 15, 4-1-1986; Ord. No. 30-89, § II, 5-2-1989; Ord. No. 50-94, § 1, 4- 19-1994; Ord. No. 84-94, § 1, 6-21-1994; Ord. No. 86-96, § 1, 6-18-1996; Ord. No. 35- 98, § 2, 4-21-1998; Ord. No. 71-2000, § 6, 7-5-2000; Ord. No. 45-2001, § 5, 5-1-2001; Ord. No. 95-2001, § 4, 10-2-2001; Ord. No. 43-2016, 11-1-2016; Ord. No. 51-2018, § 3, 10-2-2018)

[Sec.] 3605. - Conditional uses.

The following uses are permitted in the HI Heavy Industrial District subject to the approval process in section 7200:

Communications towers and antennas as regulated by section 5910. Landfill. Shooting range (outdoor). Slaughterhouse and meat packing.

It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention.

PAGE 8 OF 9 PAGES AGENDA ITEM NO. 6.B Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.

PASSED AND APPROVED this the 1st day of June, 2021.

M A Y O R ATTEST:

______City Clerk

PAGE 9 OF 9 PAGES AGENDA ITEM NO. 6.B ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Conduct public hearing and take action on an ordinance to establish minimum Standards of Care for the Summer Day Camp Program.

INITIATING DEPT: Parks & Recreation ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance ______COMMENTARY: The City of Wichita Falls provides several youth-oriented activities including a summer day camp. State law considers summer day camps in many instances as “day care facilities” which requires state licensing as a day care. However, statute also allows municipal operated day camps to be exempted from the state licensing requirement by, after a public hearing, adopting an ordinance outlining the “Standards of Care” for such programs.

The proposed standards are included in the attached ordinance and, at minimum, require:

· That such standards are provided to the parents of each program participant, and · That such standards shall include staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and · That parents be informed that the program is not licensed by the state and the program may not be advertised as a child- care facility.

Staff recommends approval of the ordinance.

Director of Parks & Recreation Assistant City Manager ______ASSOCIATED INFORMATION: Ordinance

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 5 PAGES AGENDA ITEM NO. 6.C

Ordinance No. ______

Ordinance to establish minimum Standards of Care for the Summer Day Camp Program

WHEREAS, the City’s Parks and Recreation Department has determined that certain minimum standards of care are necessary to health, safety and welfare of individuals participating in the Summer Day Camp Program and,

WHEREAS, the State of Texas Human Resources Code Chapter 42 exempts certain after - school and summer recreation programs from state licensing requirements as identified in Subsection 42. 041( 14) stating " an elementary -age ( ages 5- 13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child- care facility;"

WHEREAS, the City Council, at a meeting on June 1, 2021, held a public hearing prior to establishing this ordinance regarding Standards of Care for the Summer Day Camp Program.

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

The attached minimum standards of care for the City’s summer camp program are hereby adopted by the City of Wichita Falls.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

PAGE 2 OF 5 PAGES AGENDA ITEM NO. 6.C

Standards of Care for Summer Day Camp Program. Definitions. A. " Camp Program Staff' means a person responsible for the direct care or supervision of participants, including volunteers and contractors. The term excludes a person whose primary duties include administration, clerical support, or facility maintenance. B. " Department" means the Parks and Recreation Department. C. " Administrator" means an administrator of the Parks and Recreation Department. D. " Designee" means a person appointed by the administrator to act on the administrator' s behalf. E. " Facility" means a building or improvement operated or used by the department in conducting a recreational program. F. " Participant" means a child age 5 to 13 years old that is enrolled in a recreational program and is under the supervision of department staff. G. " Recreational Program or Program" means a fee -based children' s program or activity offered and supervised by the department that requires a participant to enroll or register to participate. H. " Staff' means a person who is employed by the department to work in a recreational program. I. " Parent" means legal guardian of a participant.

Purpose. The Standards of Care set forth in this chapter are intended to be the minimum standards by which the City of Wichita Falls Parks and Recreation Department will operate its Summer Day Camp program which is recreational in nature and not designated as child care programs. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resource Code, section 42.041(b)(14). Participant and Camp Program Staff Ratios. A. Camp programs shall have no greater than a 12/ 1 ratio of participant to camp program staff for children 5- 13 years of age. B. Each participant should have a program employee who is responsible for him or her and who is aware of details of the participant's habits, interests, and any special problem

PAGE 3 OF 5 PAGES AGENDA ITEM NO. 6.C

Minimum Camp Program Staff Qualifications. A. Camp program staff must be at least 16 years of age. B. At least 50% of camp program staff must possess certification from a nationally recognized body in First Aid; and Community CPR or equivalent. C. Camp program staff must complete a camp program staff orientation including but not limited to: 1. An overview of the City of Wichita Falls Standards of Care; and 2. Policies including discipline, guidance, and the release of participants; and 3. An overview of symptoms of child abuse, neglect, and sexual abuse and the responsibility of reporting these; and 4. The procedures to follow in handling emergencies including but are not limited to: fire, explosion, tornado, toxic fumes, volatile persons, and severe injury or illness of a child or adult; and the use and locations of fire extinguishers and first aid equipment. Employment Restrictions. A. Criminal background checks will be conducted on prospective camp program staff. Criminal background checks shall conform with the policies and procedures of the City of Wichita Falls Human Resources Department. Minimum Building Standards. A. The facility and equipment used do not present any known fire, health, or safety hazards and are kept free of accumulations of objectionable debris. B. The facility shall be subject to an annual safety inspection. C. The facility shall reasonably be kept free of insects, rodents, and stray animals. D. Facility buildings shall maintain clearly marked emergency exits. E. A disaster and evacuation procedure shall be posted at the facility. F. First -aid kits and infection control kits shall be available at the facility and taken to other locations at which the participants are engaged in program activities. G. First -aid guidelines shall be on file and available at the facility.

PAGE 4 OF 5 PAGES AGENDA ITEM NO. 6.C

H. The facility shall have a sufficient number of restrooms maintained in good repair and equipped for independent use by children and designed to permit staff supervision as needed.

Minimum Health and Safety Standards. A. A participant who is ill or injured shall be supervised until the participant is released to a parent or other authorized person. B. A participant whose illness or medical condition requires a degree of supervision by staff that would compromise the health or safety of the other participants shall be kept separate from the other participants until the participant is removed from the facility. C. A participant whose illness or medical condition prevents the participant from comfortably participating in program activities or places other participants at risk may not be admitted or readmitted to the facility for the duration of the illness or condition. D. A staff member will not administer medication to a participant. Parent’s are highly encouraged to come to the camp and administer medication by pre-arranging with the Camp Supervisor. E. Parents must complete a medication administration form with the Camp Supervisor. F. A staff member shall maintain a medication and first aid log. Mechanisms for Monitoring and Enforcing Standards. The administrator or designee shall monitor the camp programs for performance. Compliance with these standards will be a factor in rating the performance of the youth program. Review. This Chapter will expire one year after its effective date. Recommendation for Amendment or Re -Adoption. No later than May 1st of each year the administrator or designee shall recommend to the City Council adoption of the local standards of care.

PAGE 5 OF 5 PAGES AGENDA ITEM NO. 6.C

______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 14-18, 2021.

INITIATING DEPT: Parks & Recreation ______STRATEGIC GOAL: Actively Communicate and Engage the Public

STRATEGIC OBJECTIVE: Enhance Public Outreach and Engagement ______COMMENTARY: The Founders Lions Club has requested a reduced fee for rental of the Mobile Stage for their T-O Fair annual event at the MPEC September 14-18, 2021. The Club and the City have had a revenue sharing agreement since the opening of the MPEC, and the City Council has approved a reduced rental fee since the City acquired the Mobile Stage.

The standard rental fee is $525 per day, plus any accessories and the $1,000 damage deposit. Our prior arrangement with the Lions Club is to only charge for the labor costs associated with setting up the stage for the event. The estimated labor only cost to the City for the five-day event would be approximately $600. This cost includes the hauling from the storage barn at Central Services and set up on the first day, three days of opening the stage in the morning and closing the stage at night, and the last day of preparing and hauling back to the storage barn. If the fee reduction is approved, staff recommends the minimum charge be set at $600 to cover the City’s labor costs. Other reservation procedures may be waived including payment for any accessories desired and the damage deposit.

Staff recommendation Staff recommends the City Council approve the resolution (1) approving a rental fee at $600, (2) waiving the fee for any accessories, and (3) waiving the damage deposit.

Assistant City Manager ______ASSOCIATED INFORMATION: Resolution, Rental Fees

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 5 PAGES AGENDA ITEM NO. 7.A Resolution No. ______

Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 14-18, 2021

WHEREAS, the Founders Lions Club has requested a reduced fee for rental of the City’s Mobile Stage for its T-O Fair annual event at the MPEC September 14-18, 2021; and,

WHEREAS, the Founders Lions Club managed its event in prior years in a successful manner; and,

WHEREAS, the Founders Lions Club and the City continue to maintain a revenue sharing agreement.

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

The fee for the rental of the City’s Mobile Stage to the Founders Lions Club is hereby reduced to $600, and any charge for accessories and the damage deposit is waived, for its T-O Fair annual event at the MPEC on September 14-18, 2021.

PASSED AND APPROVED this the 1st day of June 2021.

______M A Y O R

ATTEST:

______City Clerk

PAGE 2 OF 5 PAGES AGENDA ITEM NO. 7.A

PAGE 3 OF 5 PAGES AGENDA ITEM NO. 7.A Parks & Recreation Stage & Accessory Rental Fees

A non-refundable reservation deposit in the amount of $100.00 is due immediately upon City approval of the rental. This deposit is to reserve the date and will be retained by the City should the rental be cancelled by the renter. In the event the City should have to cancel the rental, the deposit will be refunded in full. The reservation deposit will be deducted from the rental fee, if the event is held. Payment of all other fees are due twenty (20) business days prior to date of use. All fees will be deposited. Failure to meet payment deadline may result in forfeiture of reservation deposit and cancellation of rental.

In the event the City cannot deliver the Stage and fulfill its part of the agreement, a full refund including all deposits will be made. The City will not be held further responsible.

The renter will be billed for any additional man-hours needed for any event that goes beyond the scheduled times.

If Parks & Recreation are called back after the Stage is delivered and erected, for any reason, a call back fee will be charged and deducted from the deposit.

Stage Fees

Reservation Deposit $100 (applied towards Stage rental) (Non-refundable)

Stage Rental Fee $525 per day (Includes non-refundable deposit)

Clean-up/Damage Deposit $1,000 (Refundable)

Call Back Fee $50 per occasion

Accessory Fees

7,000 watt, enclosed generator $75 per day (includes fuel)

Decorative Stage Skirt $15/day

Sound system $100 per day (20-channel mixer, 2 speakers, 4 microphones, and microphone stands)

4’ X 8’ portable stage sections $10 each per day (16 sections available – they do not attach, and only abut Mobile Stage deck)

PAGE 4 OF 5 PAGES AGENDA ITEM NO. 7.A

PAGE 5 OF 5 PAGES AGENDA ITEM NO. 7.A ______

CITY COUNCIL AGENDA JUNE 1, 2021 ______ITEM/SUBJECT: Resolution to award bids for one (1) grazing lease at Lake Arrowhead, two (2) grazing leases at Lake Kickapoo, and two (2) hunting leases at Lake Kickapoo, all for five (5) year terms beginning June 1, 2021 and ending May 31, 2026.

INITIATING DEPT: Property Administration ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance ______COMMENTARY: The City of Wichita Falls has one (1) one grazing lease at Lake Arrowhead consisting of 520.201 acres, two (2) grazing and 2 hunting leases at Lake Kickapoo totaling 2,753.18 acres. The North lease is 1,328.79 acres and the South lease is 1,424.39 acres as depicted on the attached “Location Maps”. The hunting leases, while on the same tracts of land as the grazing leases, are separate and individual leases. Each lease is for a five (5) year period beginning on June 1, 2021 and expiring on May 31, 2026. Leases are paid annually and are due beginning June 1, 2021 and each consecutive June 1 for 5 years. Failure to pay the hunting lease by June 1st will result in immediate termination. Failure to pay the grazing lease by June 1st will result in termination after June 30th. The leases were advertised for bid on Sunday, May 9, 2021 in the Times Record News, placed on the City of Wichita Falls Property Management website, as well presented in a Press Release that was circulated to the media. Bids were made on a price per acre per year amount. The following bids were received and opened at 4:00 PM on May 19, 2021.

KICKAPOO NORTH GRAZNG LEASE - 1,328.79 Acres Nat Lunn - $15.57 Michael C. James - $15.05 Scott Freeland - $12.00

KICKAPOO SOUTH GRAZING LEASE - 1,424.39 Acres Riley Schreiber - $11.25 Garnett Jackson - $6.00

ARROWHEAD GRAZING LEASE – 520.2 Acres (shown on map as #1, #2, and #3) Curtis Knoblach - $26.01 Courtney Jackson - $26.00 Luke Halsell $25.07 Bart Attaya - $17.00 Billy J. Browning - $16.00

PAGE 1 OF 5 PAGES AGENDA ITEM NO. 7.B

Brodie Brassfield - $15.25 Everett Shaw - $15.25 Codie Collins - $10.00 Tanner Clayton - $7.00

KICKAPOO NORTH HUNTING LEASE - 1.328.79 Acres Real Capital Investments I, LLC - Randy Bell - $20.31 Jacky Webb - $10.25 Clayton Hoff - $9.50

KICKAPOO SOUTH HUNTING LEASE - 1,424.39 Acres James B. Barnes - $10.53 Jacky Webb - $10.25 Clayton Hoff - $9.50 Terry Pieratt - $7.53 Nash Gann - $1.26

Asst. City Manager Property Administrator ______ASSOCIATED INFORMATION: Resolution, Lake Arrowhead Grazing Lease Location Map, Lake Kickapoo Grazing and Hunting Lease Location Map

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 2 OF 5 PAGES AGENDA ITEM NO. 7.B

Resolution No. ______

Resolution to award bids for one (1) grazing lease at Lake Arrowhead, two (2) grazing leases at Lake Kickapoo, and two (2) hunting leases at Lake Kickapoo all for five (5) year terms beginning June 1, 2021 and ending May 31, 2026

WHEREAS, the City has multiple tracts of land at Lake Arrowhead for grazing and Lake Kickapoo for grazing and hunting; and,

WHEREAS, the current leases expire on May 31, 2021 and the City has advertised for bids for new five-year term leases commencing on June 1, 2021; and

WHEREAS, the City Council has considered all bids received for the leases.

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

The bids for the Lake Arrowhead grazing lease, the Lake Kickapoo grazing leases, and the Lake Kickapoo hunting leases are awarded as follows, and the City Manager is authorized to execute a lease agreement with each person or company:

Grazing Leases Kickapoo North - Nat Lunn- $15.57 per acre - Annual amount $20,689.26

Kickapoo South - Riley Schreiber - $11.25 per acre - Annual amount $16,024.39

Arrowhead - Curtis Knoblach - $26.01 per acre - Annual amount $13,530.43

Hunting Leases Kickapoo North - Real Capital Investments I, LLC - Randy Bell - $20.31 per acre - Annual amount $26,987.72

Kickapoo South -James B. Barnes - $10.53 per acre - Annual amount $14,998.83

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

PAGE 3 OF 5 PAGES AGENDA ITEM NO. 7.B

LAKE ARROWHEAD GRAZING LEASE LOCATION MAP

PAGE 4 OF 5 PAGES AGENDA ITEM NO. 7.B

LAKE KICKAPOO GRAZING AND HUNTING LEASE

PAGE 5 OF 5 PAGES AGENDA ITEM NO. 7.B

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CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to apply for and accept funding in an amount of $2,917,522 for a section of circle trail along Lake Wichita under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation.

INITIATING DEPT: Aviation, Traffic, & Transportation ______STRATEGIC GOAL: Provide Adequate Infrastructure

STRATEGIC OBJECTIVE: Complete Signature Public Improvements ______COMMENTARY: On January 15, 2021, the Texas Department of Transportation (TxDOT) announced a Call for Projects under the Transportation Alternatives Program. The Program, as administered by TxDOT, provides funding for a variety of alternative transportation projects as follows:

· Bicycle infrastructure improvements · ADA and pedestrian improvements · Shared use paths · Sidewalk improvements · Infrastructure-related projects to improve safety for non-motorized transportation

The Transportation Alternatives Program was authorized under the Fixing America’s Surface Transportation (FAST) Act and is codified in 23 U. S. C. section 133.

The federally funded program, while administered through TxDOT, provides opportunities to expand transportation choices and enhance the transportation experience through categories of activities related to the surface transportation system. The grant focuses on non-traditional/non-motorized vehicle transportation projects. A final program amount has not been determined in this Call for Projects for communities with less than 200,000 in population. Depending on the actual amount available and the number of project nominations received by TxDOT, all or some portion of the estimated amount may be awarded as a result of this Call.

Subsequently, the City of Wichita Falls has the opportunity to fund and complete one of two final sections of the circle trail project through TxDOT’s competitive grant process. This final section of trail will run along the north side of Lake Wichita from near the boat repair shop to Barnett Road.

PAGE 1 OF 5 PAGES AGENDA ITEM NO. 7.C Staff recommends Council’s endorsement of this resolution. The City of Wichita Falls supports funding this project as described in the 2021 Transportation Alternatives Nomination Form (including the construction budget, the department’s 15% administrative costs, and the required local match) and is willing to commit to the development of the project, implementation, construction, maintenance, management, and financing. The City of Wichita Falls is willing and able to enter into an agreement with TxDOT by resolution or ordinance, should the project be selected for funding.

Total anticipated cost for this project is $3,646,903. TxDOT Transportation Alternative Set-Aside is identified at 80% or $2,917,522. The City will be obligated to provide a 20% local match of $729,381.

If the grant application is approved, City staff anticipates requesting the City’s Type B Sales Tax Corporation (4B) continue their partnership in the Circle Trail Project by providing funds for the 20% match and related ancillary costs.

Staff recommends approval of the resolution.

Director, Aviation, Traffic, & Transportation Director of Public Works ______ASSOCIATED INFORMATION: Resolution, Project Maps

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 2 OF 5 PAGES AGENDA ITEM NO. 7.C Resolution No. ______

Resolution authorizing the City Manager to apply for and accept funding in an amount of $2,917,522 for a section of circle trail along Lake Wichita under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation

WHEREAS, that the City of Wichita Falls, as Project Sponsor, is an eligible entity as described by 23 U. S. C. §133, that nominates a particular project for consideration, exercises jurisdiction over the geographic area in which that project is located, and commits to the project’s development, implementation, construction, maintenance, management, and financing; and,

WHEREAS, the City of Wichita Falls, as Project Sponsor, supports funding these projects as described in the 2021 Transportation Alternatives Set-Aside Nomination Form (including the construction budget, the department’s 15% administrative costs, and the required local match) and is willing to commit to the project’s development, implementation, construction, maintenance, management, and financing. The project sponsor is willing and able to enter into an agreement with the Texas Department of Transportation by resolution or ordinance should the project receive Transportation Alternative funding; and,

WHEREAS, the City of Wichita Falls is a public body organized and established in accordance with Chapter 458 of the Texas Transportation Code, enacted by the Legislature of the State of Texas; and,

WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of the Texas Transportation Code of the law of the State of Texas to accept and dispense federal financial assistance.

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

The Wichita Falls City Council supports this Certification of Funding and Support for the Texas Department of Transportation’s Transportation Alternatives Set-Aside Program grant application process for this bicycle and pedestrian construction project, and authorizes the City Manager to apply for and accept funding in an amount of $2,917,522 for this project in a form approved by the City Attorney.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

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PAGE 5 OF 5 PAGES AGENDA ITEM NO. 7.C ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to apply for and accept funding in an amount of $1,834,104 for a section of circle trail along the Wichita River under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation.

INITIATING DEPT: Aviation, Traffic, & Transportation ______STRATEGIC GOAL: Provide Adequate Infrastructure

• Bicycle infrastructure improvements • ADA and pedestrian improvements • Shared use paths • Sidewalk improvements • Infrastructure-related projects to improve safety for non-motorized transportation

The Transportation Alternatives Program was authorized under the Fixing America’s Surface Transportation (FAST) Act and is codified in 23 U. S. C. section 133.

Subsequently, the City of Wichita Falls has the opportunity to fund and complete one of two final sections of the circle trail project through TxDOT’s competitive grant process. This final section of trail will run along the south side of the Wichita River from near the Camp Fire property to Lucy Park.

Staff recommends Council’s endorsement of this resolution. The City of Wichita Falls

PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.D supports funding this project as described in the 2021 Transportation Alternatives Nomination Form (including the construction budget, the department’s 15% administrative costs, and the required local match) and is willing to commit to the development of the project, implementation, construction, maintenance, management, and financing. The City of Wichita Falls is willing and able to enter into an agreement with TxDOT by resolution or ordinance, should the project be selected for funding.

Total anticipated cost for this project is $2,292,630. TxDOT Transportation Alternative Set-Aside is identified at 80% or $1,834,104. The City will be obligated to provide a 20% local match of $458,526.

Staff recommends approval of the resolution.

Director, Aviation, Traffic, & Transportation Director of Public Works ______ASSOCIATED INFORMATION: Resolution, Project Maps

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.D Resolution No. ______

Resolution authorizing the City Manager to apply for and accept funding in an amount of $1,834,104 for a section of circle trail along the Wichita River under the Transportation Alternatives Set-Aside Program provided by the Texas Department of Transportation

WHEREAS, the City of Wichita Falls is a public body organized and established in accordance with Chapter 458 of the Texas Transportation Code, enacted by the Legislature of the State of Texas; and,

WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of the Texas Transportation Code of the law of the State of Texas to accept and dispense federal financial assistance.

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

The Wichita Falls City Council supports this Certification of Funding and Support for the Texas Department of Transportation’s Transportation Alternatives Set-Aside Program grant application process for this bicycle and pedestrian construction project, and authorizes the City Manager to apply for and accept funding in an amount of $1,834,104 for this project in a form approved by the City Attorney.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

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PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.D ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to execute a Professional Services Agreement with Alliance Transportation Group for transportation planning services in conjunction with the 2021-2022 Wichita Falls Metropolitan Planning Organization Freight Mobility Study, in the estimated amount of $146,543.00.

INITIATING DEPT: Aviation, Traffic, & Transportation ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Government ______COMMENTARY: Attached is a proposal for transportation planning services by Alliance-Texas Engineering Co. DBA Alliance Transportation Group, Inc. in conjunction with the Wichita Falls Metropolitan Planning Organization (WFMPO) 2021-2022 Freight Mobility Study. The WFMPO’s Technical Advisory Committee will perform oversight and provide guidance to Alliance Transportation Group during the development of the study.

The amount of these services is estimated at $146,543.00 and will be paid for using funds provided by the Federal Highway Administration. This project does not require any local match from the City of Wichita Falls.

When complete, this study will identify freight transportation issues within the WFMPO boundary, and will provide findings and recommendations for long-range investment strategies and policies needed to enhance freight mobility and sustain economic vitality, thus supporting long term economic development opportunities.

City staff recommends approval of the resolution.

Director, Aviation, Traffic, & Transportation ______ASSOCIATED INFORMATION: Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 11 PAGES AGENDA ITEM NO. 7.E

Resolution No. ______

Resolution authorizing the City Manager to execute a Professional Services Agreement with Alliance-Texas Engineering Co. DBA Alliance Transportation Group for transportation planning services in conjunction with the 2021-2022 Wichita Falls Metropolitan Planning Organization Freight Mobility Study, in the estimated amount of $146,543.00

WHEREAS, the City of Wichita Falls desires transportation planning services be performed in conjunction with the 2021-2022 WFMPO Freight Mobility Study; and,

WHEREAS, the Federal Highway Administration, through the Texas Department of Transportation, will fund 100% of the cost of these services through the service agreement;

WHEREAS, Alliance-Texas Engineering Co. DBA Alliance Transportation Group proposes to provide these services at an estimated cost of $146,543.00.

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 professional services agreement attached, with changes thereto in a form approved by the City Attorney, in an estimated amount of $146,543.00.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

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CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to enter into Public Subcontractor/Participating Agency Agreement between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of grant funded equipment that the City currently possesses on behalf of NCTTRAC.

INITIATING DEPT: Fire ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance ______COMMENTARY: Trauma Service Areas (TSA-C), which includes the NORTEX region of counties, is represented by the North Central Texas Trauma Regional Advisory Council, NCTTRAC, who serves as the Hospital Preparedness Program Contact Grantee, for TSA-C. The Subcontractor/Participating Agency Agreement includes the upkeep and deployment of equipment for assistance to TSA-C for health incidents and emergencies.

Staff recommends approval of the resolution.

Fire Chief ______ASSOCIATED INFORMATION: Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.F

Resolution No. ______

Resolution authorizing the City Manager to enter into Public Subcontractor/Participating Agency Agreement between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of grant funded equipment that the City currently possesses on behalf of NCTTRAC

WHEREAS, this Public Subcontractor/Participating Agency Agreement addresses the relationships between NCTTRAC and the City; and,

WHEREAS, NCTTRAC, as the designated Performing Agency, has been awarded funds for healthcare coalition preparedness on behalf of the Healthcare Coalition; and,

WHEREAS, NCTTRAC is responsible for planning and decision-making regarding the allocation of funds and implementing benchmarks in accordance with the Work Plan and Performance Measures as directed by DSHS; and,

WHEREAS, this agreement provides the obligations for NCTTRAC and the City regarding grant funded equipment; and,

WHEREAS, this agreement represents a “good faith” effort by NCTTRAC, the City and other participating agencies to respond to emergency medical and declared health disasters in the NORTEX region; and,

WHEREAS, NCTTRAC and the City agree to encourage, coordinate, promote and support an ongoing relationship between both entities, and to hold periodic partnership meetings to focus on, but not limited to, identifying and assessing the equipment used in response to a health or medical emergency.

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

The City Manager is authorized to execute this Public Subcontractor/Participating Agency Agreement between NCTTRAC and the City of Wichita Falls.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.F

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CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to enter into a Memorandum of Sharing (MOS) between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of the Healthcare Coalitions equipment and response activities.

INITIATING DEPT: Fire ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance ______COMMENTARY: Trauma Service Areas (TSA-C), which includes the NORTEX region of counties, is represented by the North Central Texas Trauma Regional Advisory Council, NCTTRAC, who serves as the Hospital Preparedness Program Contact Grantee for TSA-C. This “mutual aid” agreement includes the loaning of equipment for assistance to the Healthcare Coalition. The agreement consists of equipment that was previously transferred to the City via grant funding by NCTTRAC for response to Healthcare emergencies and situations in the NORTEX region.

Staff recommends approval of the resolution.

Fire Chief ______ASSOCIATED INFORMATION: Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.G

Resolution No. ______

Resolution authorizing the City Manager to enter into a Memorandum of Sharing (MOS) between the North Central Texas Trauma Regional Advisory Council (NCTTRAC) and the City of Wichita Falls (City) in support of the Healthcare Coalitions management of response to disasters

WHEREAS, this MOS addresses the relationships between NCTTRAC and the City; and,

WHEREAS, this agreement augments each agency’s disaster plan; and,

WHEREAS, the MOS provides the framework for the City to coordinate within a regional mutual aid system in concert with the TSA-C Medical Coordination Center, Texas Department of State Health Services, the Texas Division of Emergency Management and other supporting agencies; and,

WHEREAS, this agreement represents a “good faith” effort by NCTTRAC, the City, and other participating agencies to respond to emergency medical and declared health disasters in the NORTEX region; and,

WHEREAS, NCTTRAC and the City agree to encourage, coordinate, promote, and support an ongoing relationship between both entities, and to hold periodic partnership meetings to focus on, but not limited to, identifying and assessing the equipment used in response to a health or medical emergency.

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 Memorandum of Sharing between NCTTRAC and the City of Wichita Falls.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.G

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CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $1,734,700 expenditure to facilitate a performance agreement with CMH Manufacturing, Inc., dba Clayton Homes, related to their proposed purchase and operation out of the WFEDC-owned facility at 2400 Burkburnett Road.

INITIATING DEPT: City Manager’s Office ______STRATEGIC GOAL: Accelerate Economic Growth

STRATEGIC OBJECTIVE: Encourage…Recruitment of High Value Businesses ______COMMENTARY: Pursuant to Texas Local Government Code §501.073(a) “The corporation’s authorizing unit (i.e. City Council) will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation.”

Summary This item is to consider approval of an amendment to the WFEDC’s (4A) budget to include an up to $1,734,700 expenditure to facilitate a performance agreement with Clayton Homes related to their planned purchase and operation out of the WFEDC-owned former ATCO facility at 2400 Burkburnett Road. Clayton Homes proposes:

1. To purchase the facility from the WFEDC for $1.0M, and 2. Invest approximately $15M dollars upgrading the facility and equipment to fit their needs, and 3. Create an estimated 181 new jobs within the first 36 months of operation.

In exchange for this private investment into the local economy, the WFEDC commits to a performance agreement with the company as follows:

1. $7,500 per new primary job created in the first 36 months of operation, for a total not to exceed $1,357,500 (i.e. 181 new primary jobs X $7,500/job); and 2. $1,200 per job for training only if state funding for same does not materialize, for a total not to exceed $217,200; and 3. $8,000 per employee for no more than 20 total employees for those employees that move from outside of the Wichita County MSA and become residents of Wichita County for no fewer than six (6) consecutive months and are employed by company for no fewer than six (6) consecutive months, for a total not to exceed $160,000.

PAGE 1 OF 7 PAGES AGENDA ITEM NO. 7.H

On May 20, 2021, the WFEDC considered and unanimously approved this item. The WFEDC’s economic development staff at the Chamber of Commerce will be at the City Council meeting to provide details on the proposed agreement. The WFEDC’s May 2021 Financial Report shows the corporation has approximately $7.4M in available funds to facilitate this project.

The WFEDC Board and City staff recommends approval of this resolution.

Assistant City Manager ______ASSOCIATED INFORMATION: Exhibits from WFEDC meeting, Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 2 OF 7 PAGES AGENDA ITEM NO. 7.H Resolution No. ______

Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $1,734,700 for CMH Manufacturing, dba Clayton Homes, related to their purchase and operation out of the existing facility at 2400 Burkburnett Road

WHEREAS, Texas Local Gov’t. Code §501.073(a) provides “The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation”; and,

WHEREAS, on May 20, 2021, the WFEDC approved the Project listed below and as stated in its agenda.

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

1. The Wichita Falls Economic Development Corporation’s approval and funding of the following programs and expenditures as described below and in said corporation’s agenda, are approved:

Clayton Homes Project:

· A total of up to $1,734,700 to be used for the location of the company to the former ATCO Facility at 2400 Burkburnett Road and the creation of up to 181 new primary jobs.

2. The current fiscal year budget of the WFEDC is amended to provide for the aforementioned expenditures and changes thereto.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R ATTEST:

______City Clerk

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PAGE 7 OF 7 PAGES AGENDA ITEM NO. 7.H ______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution approving an amendment to the bylaws for the Wichita Falls Economic Development Corporation.

INITIATING DEPT: Legal ______STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance ______COMMENTARY: By Resolution 103-2020 dated November 3, 2020, the City Council approved and adopted the bylaws of the Wichita Falls Economic Development Corporation. The Board wishes to correct an error in the bylaws at Article IV, Section 2, to reflect a period of “thirty (30) days.” Approval of this resolution will accomplish such correction.

City Attorney ______ASSOCIATED INFORMATION: Resolution

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 11 PAGES AGENDA ITEM NO. 7.I Resolution No. ______

Resolution approving an amendment to the bylaws for the Wichita Falls Economic Development Corporation

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

The City Council hereby approves an amendment to the bylaws for the Wichita Falls Economic Development Corporation (attached), which were adopted and approved on November 3, 2020, by Resolution 103-2020. Said amendment shall correct a typographical error in Article IV, Section 2, to reflect a period of “thirty (30) days.”

PASSED AND APPROVED this 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

PAGE 2 OF 11 PAGES AGENDA ITEM NO. 7.I BYLAWS OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION

These Bylaws (referred to as the "Bylaws") govern the affairs of the Wichita Falls Economic Development Corporation, a public instrumentality and a non-profit corporation (hereinafter referred to as the "Corporation") governed by the Development Corporation Act (hereinafter referred to as the "Act").

ARTICLE I. PURPOSE AND POWERS

Section 1. Purpose. The Corporation exists to promote economic development in Wichita Falls, on behalf of the City of Wichita Falls (the City”).

Section 2. Powers. The Corporation is established as a Type A corporation as defined in and governed by the Act and shall have all of the powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law.

ARTICLE II. BOARD OF DIRECTORS

Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of five (5) directors, appointed by the City Council (the "Council"). Each member of the Board shall serve at the pleasure of the Council for a term of three (3) years. Place 1 shall be appointed in a year by itself, places 2 and 3 shall be appointed in the subsequent year, and then places 4 and 5 shall be appointed in the year subsequent to places 2 and 3. The cycle then repeats the following year starting again with place 1. Terms shall begin on October 1 of each year. In case of a vacancy on the Board, the Council shall appoint a successor to serve the remainder of the unexpired term. Board members shall continue to serve until resignation, removal, or their successor is appointed. (c) These terms are renewable by the City Council. (d) Board members will be selected based on interest in the work of the Corporation, special expertise, and civic service. Special expertise includes, but is not limited to, business skills in finance, accounting, law, personal credibility, business accomplishments and interpersonal skills. (e) Any director may be removed from office by the Council at will.

PAGE 3 OF 11 PAGES AGENDA ITEM NO. 7.I Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at 1300 7th Street, Wichita Falls, Texas. All regular meetings shall be held within the city limits. Board members shall be expected to regularly attend all Board meetings. Special consideration can be granted for absences for good cause. The Council shall be advised of and may remove any Board member who is absent from three consecutive regular or special meetings.

Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held at such times and places as shall be designated from time to time by the Board, but not fewer than four (4) per year. Special meetings of the Board shall be held whenever called by the president or by written request of two or more board members. (b) The Secretary shall cause notice of the time and place of holding each meeting of the Board to be given to each Director. The notice must be in writing either by mail or email and may additionally be made in person or by telephone. Notice of each meeting shall also be given to the public in accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Government Code, as amended.

Section 4. Quorum. Three voting members shall constitute a quorum for the conduct of the official business of the Corporation. No action can be approved without the affirmative vote of at least three members. A Board member may not vote by proxy.

Section 5. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the president shall preside, and, in the absence of the president, the vice president shall exercise the powers of the president. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board but, in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting.

Section 6. Committees of the Board. The Board may designate two or more directors to constitute an official committee of the Board to exercise such authority of the Board as may be specified in the resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation.

PAGE 4 OF 11 PAGES AGENDA ITEM NO. 7.I Section 7. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder.

ARTICLE III. OFFICERS

Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a president, vice president, a secretary, and a treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary or treasurer. Terms of office shall be one (1) year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors.

Section 2. Powers and Duties of the President. The president shall be the chief executive officer of the Corporation and, subject to the paramount authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation, shall preside at all meetings of the Board, and may sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation.

Section 3. Powers and Duties of the Vice President. In the absence of the president, or in the event of the president’s inability or refusal to act, the vice president will perform the duties of the president, and when so acting, will have all the powers of and be subject to all the restrictions of the president. The vice president will perform such other duties as from time to time may be assigned by the president or the Board of Directors.

Section 4. Treasurer. The Treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws. When necessary or proper, the Treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the Board consistent with these Bylaws. The Treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The Treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his duties in such form and amount as the Board or the Council may require.

PAGE 5 OF 11 PAGES AGENDA ITEM NO. 7.I Section 5. Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the President in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of Secretary subject to the control of the Board.

Section 6. Appointment of Officers. The president, vice president, secretary and treasurer shall be named from among the members of the Board.

Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Other officers may be compensated as directed by the Board.

ARTICLE IV. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS

Section 1. General Development Plan. (a) The Board shall research, develop, prepare, and submit to the Council for its approval, an annual work plan, which shall set out goals and objectives of the Corporation, including but not limited to, short-term and long-term goals for the economic development of the City, including business recruitment, attraction, and retention. (b) The Board shall conduct an annual performance evaluation detailing the Corporation's achievement of its prior goals and objectives, as well as review and update the annual work plan each year prior to submission of the annual budget required by other provisions of these Bylaws.

Section 2. Annual Corporate Budget. At least sixty thirty (30) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the Council. The budget shall not be effective until the same has been approved by the Council.

Section 3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs.

PAGE 6 OF 11 PAGES AGENDA ITEM NO. 7.I (b) At the request of the Board, the Council may direct that the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. In such event, the Corporation shall pay to the City reasonable compensation for such services. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the Corporation. Such audit shall be at the expense of the Corporation. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code.

Section 4. Quarterly Reports. The Corporation or contracted staff shall prepare a quarterly progress report, detailing the projects and work accomplished during the previous quarter. This report shall be submitted to the Board and City Council by the 15th day of the month following the end of each quarter.

Section 5. State Comptroller Report. The contracted staff, with notice to the Treasurer, shall submit to the State Comptroller's Office a report in the form required by the Comptroller by the date required by the Comptroller.

Section 6. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture or other documents authorizing or relating to their issuance. (b) All other monies of the Corporation shall be deposited, secured and/or invested in the manner provided for the deposit, security and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation and investment of such funds and accounts may be performed by the Finance Department of the City. The Corporation shall pay reasonable compensation for such services to the City.

Section 7. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to Section 4A of the Act, monies derived from the repayment of loans, rents received from the least or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations:

PAGE 7 OF 11 PAGES AGENDA ITEM NO. 7.I (i) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures or other agreements submitted to and approved by the Council prior to the sale and delivery of the Obligations to the purchaser thereof required by Section 6 of this Article; (ii) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations, may be used for the purposes of financing or otherwise providing one or more "Projects," as defined in the Act. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after the approval thereof by the Council. (iii) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article.

Section 8. Issuance of Obligations. No Obligations, including refunding obligations, shall be sold, and delivered by the Corporation unless the Council shall approve such Obligations by action taken no more than sixty (60) days prior to the date of sale of the Obligations.

ARTICLE V. MISCELLANEOUS PROVISIONS

Section 1. Principal Office. (a) The principal office of the Corporation shall be located at 1300 7th Street, Wichita Falls, Texas. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act.

Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City.

Section 3. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time be specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation.

Section 4. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such advice and consent shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the Council.

Section 5. Services of City Staff and Officers. Subject to the paramount authority of the City Manager under the Charter of the City, the Corporation shall have the right to utilize the services of the City Attorney, the City Clerk, and the staff and employees of the Finance Department of the City, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the

PAGE 8 OF 11 PAGES AGENDA ITEM NO. 7.I performance of such services does not materially interfere with the other duties of such personnel of the City.

Section 6. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act, Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Corporation may also purchase and maintain insurance on behalf of any Board member or employee. Copies of all insurance and bond policies will be filed with the City Clerk.

Section 7. Robert's Rules of Order. The rules and procedures as stated in Robert's Rules of Order or specified rules adopted by the Council or Board shall govern the proceedings of the Board or its committees unless in conflict with State law.

Section 8. Conflicts of Interest. Should any member of the Board have a conflict of interest pursuant to any State laws or municipal ordinances regulating conflict of interest of municipal or government officers, with an item then before the Board, he will openly declare same before discussion proceeds, and he will be prohibited from discussing the item or voting on the question if such is required by State law. Said member of the Board will also file the appropriate conflict of interest paperwork prior to said meeting with the City Clerk as required by State law.

No member of the Board shall enter into a written contract with the Wichita Falls Economic Development Corporation where the Board member will receive a financial benefit, nor will the Board enter into a written contract with a company owned wholly, or in part, by a member of the Board or that employs a member of the Board.

Section 9. Nepotism. No person related within the second degree by affinity, or the third degree by consanguinity to any member of the Board or any officer of the Corporation shall be appointed to any paid office, position, clerkship, or other position of service to the Corporation.

Section 10. Legal Construction. If any Bylaw provision is held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision, and the Bylaws

PAGE 9 OF 11 PAGES AGENDA ITEM NO. 7.I shall be construed as if the invalid, illegal or unenforceable provision had not been included in the Bylaws.

ARTICLE VI. EFFECTIVE DATE, AMENDMENTS

Section 1. Effective Date.

These Bylaws shall become effective upon the occurrence of the following events: (1) the approval of these Bylaws by the Council; and, (2) the adoption of these Bylaws by the Board.

Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation of the Corporation may be amended only in the manner provided in the Articles of Incorporation and the Act. The Bylaws may be amended, altered, or repealed by an affirmative vote of three Board members, but such amendment, alteration or repeal shall not be effective until approved by Council.

Section 3. Dissolution of the Corporation. The Corporation is a non-profit corporation. Upon dissolution, all the Corporation's assets shall be distributed to the City of Wichita Falls in accordance with the procedures outlined in The Act.

Section 4. Interpretation of Bylaws. These Bylaws shall be liberally construed to effectuate their purposes. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or part of these Bylaws to any other person or circumstance shall not be affected thereby.

APPROVED AND ADOPTED by the City Council of the City of Wichita Falls, Texas, by passage of Resolution No. ______, on the 3rd day of November, 2020.

______M A Y O R Attest:

______City Clerk

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ADOPTED by the Board of Directors on the _____ day of ______, 2020.

______

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CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract for the 2021 Alley Rehabilitation Project to Freeman Paving, L.L.C. in the amount of $385,169.00.

INITIATING DEPT: Public Works ______STRATEGIC GOAL: Provide Adequate Infrastructure

STRATEGIC OBJECTIVE: Complete Public Improvements Projects ______COMMENTARY: On May 18, 2021, bids were opened for the 2021 Alley Rehabilitation Project. This project is generally described as the rehabilitation of various concrete alleys, sanitary sewers, Transfer Station entrance approach, and associated work. Engineer’s estimate was $340,000.00, and the Sanitation and sewer funds will be used to cover the alley and sewer improvements in this project.

The bids received for this project are as follows:

COMPANY AMOUNT

Freeman Paving, LLC – Vernon, TX $385,169.00

Leetech Solutions, LLC – Aledo, TX $503,137.00

Construction of this project should require approximately 150 consecutive days to complete.

Freeman Paving, LLC has successfully completed similar projects for the City and staff recommends award of the contract to Freeman Paving, LLC in the amount of $385,169.00, based on unit price quantities.

Director, Public Works ______ASSOCIATED INFORMATION: Resolution, Bid Tab, Location Map

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 5 PAGES AGENDA ITEM NO. 7.J

Resolution No. ______

Resolution authorizing the City Manager to award bid and contract for the 2021 Alley Rehabilitation Project to Freeman Paving, L.L.C. in the amount of $385,169.00

WHEREAS, the City of Wichita Falls has advertised for bids for the 2021 Alley Rehabilitation Project; and,

WHEREAS, it is found that the lowest responsible bidder is Freeman Paving, LLC who made a unit price bid with an estimated total of $385,169.00.

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

The unit price bid for the 2021 Alley Rehabilitation Project is awarded to Freeman Paving, L.L.C. in an estimated total amount of $385,169.00, and the City Manager is authorized to execute a contract for the City with said Contractor for the construction of such project.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

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______

CITY COUNCIL AGENDA June 1, 2021 ______ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project to Leetech Solutions, LLC in the amount of $389,000.00.

INITIATING DEPT: Public Works ______STRATEGIC GOAL: Provide Adequate Infrastructure

STRATEGIC OBJECTIVE: Complete Public Improvements Projects ______COMMENTARY: On May 5, 2021, bids were opened for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project. This project is generally described as the rehabilitation of sewer lift stations 15, 36, and 39, including the replacement of pumps, motors, control panels, and associated work.

The bids received for this project are as follows:

COMPANY AMOUNT

Leetech Solutions, LLC – Aledo, TX $389,000.00

Bowles Construction Co. – Wichita Falls, TX $475,500.00

Western Municipal Construction of Texas, LLC – Justin, TX $646,000.00

MH Civil Constructors, Inc. – Amarillo, TX $725,000.00

Construction of this project should require approximately 150 consecutive days to complete. The approved FY 2021 budget includes $450,000 for this project.

Staff has contacted the Contractor’s references and confirmed they have completed similar projects for other Cities. Staff recommends award of the contract to Leetech Solutions, LLC in the amount of $389,000.00, based on unit price quantities.

Director, Public Works ______ASSOCIATED INFORMATION: Resolution, Bid Tab, Location Map

Budget Office Review

City Attorney Review

City Manager Approval ______

PAGE 1 OF 7 PAGES AGENDA ITEM NO. 7.K Resolution No. ______

Resolution authorizing the City Manager to award bid and contract for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project to Leetech Solutions, LLC in the amount of $389,000.00

WHEREAS, the City of Wichita Falls has advertised for bids for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project; and,

WHEREAS, it is found that the lowest responsible bidder is Leetech Solutions, LLC who made a unit price bid with an estimated total of $389,000.00.

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

The unit price bid for the 2021 Lift Station 15, 36, & 39 Rehabilitation Project is awarded to Leetech Solutions, LLC in an estimated total amount of $389,000.00, and the City Manager is authorized to execute a contract for the City with said Contractor for the construction of such project.

PASSED AND APPROVED this the 1st day of June, 2021.

______M A Y O R

ATTEST:

______City Clerk

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