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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 16, 2020, 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)
Recognizing that the public's input on all agenda items is vitally important, the City
Council has provided an email address for all citizens who wish to comment on
Council matters but are unable to appear in person. Please send your comments,
questions, and concerns to Councilmeetingquestions@wichitafallstx.gov. E-mails
must be received by 5:00 p.m. on June 15, 2020. Subject to the five-minute
limitation per person, the emails will be read aloud to the City Council, except for
those that express profanity or promote acts of violence.

Item #

1. Call to Order

2. (a) Invocation: Pastor Bob McCartney


First Baptist Church

(b) Pledge of Allegiance


CONSENT AGENDA

3. Approval of minutes of the June 2, 2020 Regular Meeting of the Mayor and City
Council.

4. Ordinance
Ordinance appropriating $94,867.00 to the Special Revenue Fund from the U.S.
Department of Justice, Bureau of Justice Assistance, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program Grant, GMS Award 2020-VD-
BX-1763 and authorizing the City Manager to accept said funds

5. Receive Minutes
(a) Wichita Falls Economic Development, February 20, 2020

(b) Lake Wichita Revitalization Committee, February 11, 2020

REGULAR AGENDA

6. Ordinances
(a) Ordinance authorizing a joint general-special municipal election be held on
November 3, 2020, for the purposes of electing a Mayor, Councilor District
3, Councilor District 4, and Councilor District 5; further, submitting proposed
amendments 1-8 to the City Charter be submitted to the voters during said
election; setting forth the proposed amendments and prescribing the form
of the propositions, and ordering a Runoff Election, if needed

(b) Ordinance approving the submission of an additional proposed City Charter


amendment to the voters during the general-special election of November
3, 2020; further, setting forth the additional proposed amendment and
prescribing the form of the proposition

(c) Ordinance approving the submission of an additional proposed City Charter


amendment to the voters during the general-special election of November
3, 2020; further, setting forth the additional proposed amendment and
prescribing the form of the proposition

(d) Ordinance authorizing the City Manager to approve a request from the
House of Empowerment to vacate and abandon a public right of way and
public utility easement consisting of approximately 3,360 square feet (168’
x 20’) adjacent to Lots 1-6, Block 32, Barwise and Jalonick Addition running
east and west along 511 Mississippi Avenue

CITY COUNCIL AGENDA


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(e) Ordinance making an appropriation to the Special Revenue Fund for The
Women, Infants, and Children (WIC) Grant Program in the amount of
$9,907 received from the Health and Human Services Commission and
authorizing the City Manager to execute contract accepting same

7. Resolutions
(a) Conduct a public hearing and take action on a resolution approving a
Substantial Amendment to the City of Wichita Falls PY 2019 Community
Development Block Grant (CDBG) Action Plan to re-allocate $120,400 to
the Lynwood East Community Center and to receive and administer
$733,264 through the Coronavirus Aid, Relief, and Economic Security
(CARES) Act
i. Public Hearing
ii. Take Action

(b) Resolution authorizing The City Manager to execute a contract with Cross
R’s Company, LLC in the amount of $209,394.80 for the construction of the
Lynwood Community Center

(c) Resolution re-appointing Darron Leiker and Holly Lane to the Wichita
County-City of Wichita Falls Hospital Board

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 meeting commencing. A three-minute time frame will be
adhered to for those addressing their concerns. As comments from the public are
not posted agenda items, the Texas Open Meetings Act prohibits City Council
members and Staff from discussing or responding to these comments during
Council meetings.

10. Pre-Budget Workshop for Fiscal Year 2020/2021.

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

CITY COUNCIL AGENDA


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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 10th day of June , 2020 at 5:15 o’clock p.m.

____________________________
City Clerk

CITY COUNCIL AGENDA


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City of Wichita Falls
City Council Meeting
Minutes
June 2, 2020

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
Jeff Browning - Councilors
Steve Jackson -
Michael Smith -
Bobby Whiteley -

Darron Leiker - City Manager


Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk

Absent:
Tim Brewer - Councilor District 4

--------

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

--------

Item 2a – Invocation

Councilor Smith gave the invocation.

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Item 2b – Pledge of Allegiance

Mayor Santellana led the Pledge of Allegiance.

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Agenda Item No. 3.
Item 3 – Consent Items
8:33 a.m.

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

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

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

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

Nays: None

Item 3 – Approval of minutes of the May 19, 2020 Regular Meeting of the Mayor
and City Council

-------

Item 4a – Ordinance 31-2020


8:34 a.m.

Ordinance making an appropriation to the Special Revenue Fund in the amount of


$6,000.00 for reimbursement funding from the Treasury Executive Office for Asset
Forfeiture (TEOAF) Reimbursement Program administered by the Office of the Secret
Service Administration.

Moved by Councilor Chenault to approve Ordinance 31-2020.

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

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

Nays: None

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Item 4b – Ordinance 32-2020


8:36 a.m.

Ordinance making an appropriation to the Special Revenue Fund for a reimbursement


grant up to $5,849,910 for COVID-19 response as outlined in 601(a) of the Social

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June 2, 2020
Page 2

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Agenda Item No. 3.
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”).

Moved by Councilor Chenault to approve Ordinance 32-2020.

Motion seconded by Councilor Browning.

Jessica Williams, Director of Finance, gave an overview of the CARES Act


reimbursement program, and the requirements to draw funds. There was brief
discussion concerning the twenty percent of funding available now, and restrictions on
how the funding can be used.

Leslie Schaffner, Wichita Falls Area Community Foundation, introduced Steve Sparks
with Faith Mission, Jackie Hamm with The Kitchen, and Marla Malone with The Center
for Nonprofits and Leadership at Midwestern State University and stated they were
representing all nonprofit organizations in Wichita Falls. Ms. Schaffner addressed the
Council and discussed how non-profits have continued to serve our community during
the pandemic, the economic impact due to the pandemic, and their changing needs.

Mr. Sparks addressed the Council stated that nonprofits contribute to the economy and
wellbeing of Wichita Falls and asked that we consider what it would be like if we did not
have them. He asked the City Council to consider ways they can support nonprofits.

Ms. Williams clarified that the City must use seventy-five percent of the first twenty-five
percent of available funds for medical, public heath, and qualifying payroll expenses
directly related to COVID-19 before the City can even apply to use funds for other
authorized expenses.

Motion carried by the following vote:

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

Nays: None

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Item 5a – Resolution 53-2020


9:01 a.m.

Resolution authorizing the City Manager to apply for the FY 2020 Patrick Leahy
Bulletproof Vest Partnership Grant in the amount up to $23,495.00

Moved by Councilor Chenault to approve Resolution 53-2020.

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

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June 2, 2020
Page 3

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Agenda Item No. 3.
Ayes: Mayor Santellana, Councilors Browning, Chenault, Jackson, Smith, and Whiteley

Nays: None

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Item 5b – Resolution 54-2020


9:03 a.m.

Resolution authorizing the City Manager to reject all bids for the 2020 Seal Coat Project.

Moved by Councilor Chenault to approve Resolution 54-2020.

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

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

Nays: None

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Item 5c – Resolution 55-2020


9:06 a.m.

Resolution authorizing the City Manager to approve new water purchase contracts with;
Dean Dale Special Utility District, City of Holliday, City of Iowa Park, and Windthorst
Water Supply Corporation.

Moved by Councilor Chenault to approve Resolution 55-2020.

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

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

Nays: None

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Item 5d – Resolution 56-2020
9:08 a.m.

Resolution adopting the City of Wichita Falls Public Transportation Agency Safety Plan.

Moved by Councilor Chenault to approve Resolution 56-2020.

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June 2, 2020
Page 4

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Agenda Item No. 3.
Motion seconded by Councilor Browning and carried by the following vote:

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

Nays: None

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Item 6 – Items of Concern to Members of the City Council


9:13 a.m.

Lou Kreidler, Director of Health, gave an update on COVID-19 in Wichita County. On


May 11, 2020 Governor Abbott directed that 100% of staff and residents at all long term
care facilities be tested. Testing in Wichita County began on May 23, 2020 and was
performed by the Texas Department of Emergency Management, and thirteen long-term
care facilities have been tested. Testing ended on June 1st. Yesterday results were
received from two facilities in Burkburnett with eighty testing positive and all being
asymptomatic. Since this is highly unlikely, we worked with United Regional to use
twenty of the rapid in house test they have available for retesting. All residents and staff
retested were negative. Based on that, retesting will be performed at both facilities. All
preliminary positives are being treated in accordance with CDC standards.

Councilor Smith – Shout out to the pothole repair crew for recent work in his district.
They came out quickly and did a great job. He encouraged citizens to call in potholes
for repair. Reminded everyone that it is grass-mowing time and 9” is the maximum
height allowed before Code Enforcement intervenes, and encouraged everyone to keep
sidewalks clear.

Councilor Browning – Shout out to Chief Borrego, the Police Department, and citizens
for the peaceful protest held downtown yesterday afternoon. Hopes that the protest
scheduled for Saturday will remain peaceful as well.

Councilor Jackson – Asked if Code Enforcement is still going out and inspecting
properties. Mr. Leiker stated that they are and encouraged citizens to use the Access
Wichita Falls app since it is easy to track, as items are sent directly to him if they are not
addressed within three business days. This helps keep requests from falling through
the cracks. There was brief discussion concerning the timing and notice requirements
concerning Code Enforcement violations.

Councilor Whiteley – Echoed Councilor Browning’s statements concerning the protest


and stated that the Police Department did a great job and overall citizens did a
tremendous job as well. He commended citizens for using their right to protest
peacefully. He asked John Burrus about the restroom project at the Travel Center and
if it has been completed. Mr. Burrus stated that the restrooms are complete and include
video surveillance outside to protect patrons. Councilor Whiteley reminded everyone to

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Agenda Item No. 3.
ask questions if they have any questions or concerns regarding the proposed charter
amendments. He asked for an update on outstanding water bills and the plan going
forward. Mr. Leiker stated that a press release will be issued later this week to remind
citizens of the upcoming enforcement of repayment, payment plans that will be available
and other ways the City is trying to assist citizens. Councilor Whiteley stated that we
still have a huge task in front of us regarding the pandemic and budget that we will
address one step at a time.

Councilor Chenault – Good morning and thank you for attending in person or
electronically. Shout out to Katie Bindel and the others that organized the protest. Hats
off to Chief Borrego for his presence at the protest, for calmly taking the criticism from
citizens, and taking the time to talk to citizens. Kudos to the citizens for participating
and keeping the protest peaceful. Some negative people stated it would not be
peaceful and she is glad they were proved wrong. Reminded everyone the last day to
register to vote for the upcoming runoff election is June 15th. If you want to see a
change you have to be a change – register to vote.

Mayor Santellana – Discussed the protest and how there was a good mix of citizens
from all races and socio economic groups. It was neat to see the diverse group of
Wichitans participating, and he thanked Councilors and Staff that attended.
Encouraged all citizens to use the Access Wichita Falls app, and encouraged citizens to
chip in and help when they can. Reminded everyone that it is budget season and asked
Councilors to reach out as soon as possible with any ideas or input they have.
Castaway Cove will open on Friday under state guidelines at 25% capacity, and he
encouraged attendance. He is also eager to see events at the MPEC again in the
future.

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Item 7 – Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:37 a.m.

Mrs. Balthrop read one comment emailed from Christopher Kelly, 2002 Fillmore Street,
thanking the Council for their efforts during the pandemic, asking about plans to better
disseminate information going forward, and asking what is being done to better
coordinate national, state, and local responses. Mayor Santellana stated he would
email Mr. Kelly to answer his questions.

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Item 8 –Adjourn

Mayor Santellana adjourned the meeting at 9:38 a.m.

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Agenda Item No. 3.
PASSED AND APPROVED this 16h day of June, 2020.

________________________________
Stephen L. Santellana, Mayor

ATTEST:

____________________________________
Marie Balthrop, TRMC, CMC
City Clerk

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June 2, 2020
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Agenda Item No. 3.
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance appropriating $94,867.00 to the Special Revenue Fund
from the U.S. Department of Justice, Bureau of Justice Assistance,
2020 Coronavirus Emergency Supplemental Funding (CESF)
Program Grant, GMS Award 2020-VD-BX-1763 and authorizing the
City Manager to accept said funds.

INITIATING DEPT: Police


______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance


______________________________________________________________________
COMMENTARY: The City of Wichita Falls has been awarded $94,867.00 from the
U.S. Department of Justice, Bureau of Justice Assistance, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program Grant. The Police Department
intends to use these funds to purchase personal protective equipment and supplies for
Police personnel. The Grant will also be used to fund overtime incurred by public safety
dispatchers and Department personnel due to the coronavirus.

Staff recommends approval of the resolution.

Police Chief
_____________________________________________________________________
ASSOCIATED INFORMATION: Ordinance

Budget Office Review

City Attorney Review

City Manager Approval


_____________________________________________________________________

PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 4.
Ordinance No. _________

Ordinance appropriating $94,867.00 to the Special Revenue Fund


from the U.S. Department of Justice, Bureau of Justice Assistance,
2020 Coronavirus Emergency Supplemental Funding (CESF)
Program Grant, GMS Award 2020-VD-BX-1763 and authorizing the
City Manager to accept said funds

WHEREAS, the City of Wichita Falls has been awarded a non-matching grant for
$94,867.00 from the U.S. Department of Justice, Bureau of Justice Assistance, 2020
Coronavirus Emergency Supplemental Funding (CESF) Program; and,

WHEREAS, these funds are to be used to purchase personal protective


equipment and supplies for Police personnel and to fund overtime incurred by public
safety dispatchers and Department personnel due to the coronavirus.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

The City of Wichita Falls hereby accepts the sum of $94,867.00 as awarded by
the U.S. Department of Justice, Bureau of Justice Assistance, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program Grant, and said funds are
appropriated to the Special Revenue Fund to account for expenditures of the program,
Grant Number 2020-VD-BX-1763.

The City Manager is authorized to execute all documents necessary to accept


said funds on behalf of the City of Wichita Falls.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 4.
MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION

February 20, 2020


PRESE T:

Leo Lane, President § WFEDC Members


David Toogood, Vice-President §
Reno Gustafson, Secretary-Treasurer §
Phyllis Cowling §
Darron Leiker §
Stephen Santellana § Mayor
Paul Menzies, Assistant City Manager § City Staff
R. Kinley Hegglund, Jr., City Attorney §
James McKechnie, Senior Assistant City Attorney §
Terry Floyd, Director of Development Services §
Jessica Williams, Director of Finance §
Linda Merrill, Recording Secretary §

Henry Florsheim, CEO § CCI


David Leezer, Vice President of Business Attraction §
Travis Haggard, V.P., Business Retention & Expansion §
Scott Poenitzsch, Chair, Board of Directors §

Scott Manley § ideaWF


Vanda Cullar § SBDC

1. Call to Order
Leo Lane called the meeting to order at 3 :00 p.m.

2. Financial Report
Paul Menzies said the sales tax revenue reflective of December's receipts showed an 8%
increase over the same period from the prior year. The statewide average is 9%. Two years ago,
the sales tax revenues totaled $3.9 million; last year's receipts totaled $4.15 million. The fund is
4.73% ahead of last year, so at this point, the Board would be looking at $4.35 million in sales tax
revenues for this year.

3. Approval of Minutes (January 16, 2020)


Phyllis Cowling moved to approve. Seconded by David Toogood, the motion carried 5-0.

Page 1 of 4
Agenda Item No. 5.a
4. Discussion and possible action regarding Braun Intertec's proposal for additional
work at ATCO building
Travis Haggard noted that Mr. Lane had requested a timeline of the WFEDC's association
with Braun Intertec, which is as follows:

Date Action
December 16, 2005 WFEDC entered a lease contract with ATCO Structures for 10 years
($8,900/month, 8 month rent-free period) Total: $2,064,800
January 2006 WFEDC purchased the property from Fleetwood Homes for $1.135
million
November 1, 2016 ATCO vacated the property
February 2, 2017 WFEDC budgeted $144,000 per year for ownership/operating budget
September 8, 2017 Purchase/Sale agreement with Clayton Homes for $1.5 million. This was
terminated in December 2018 when the Phase 2 environmental study
revealed issues.
January 4, 2018 First contract with Braun Intertec (BI) to clean up/evaluate. Total:
$50,665
June 19, 2018 Second contract with Braun Intertec to move forward with BSP;
voluntary clean-up process and well monitoring, and report to TCEQ.
Total: $91,770
March 14, 2019 Third contract with Braun Intertec for MSD. Total: $139,660
September 2019 New Purchase/Sale agreement with Clayton Homes. Total: $1.1 million,
with a due diligence period of 240 days (ending Mav 14, 2020)
October 2019 Notice from Clayton Homes' environmental attorney, Chris Williams,
that the two monitoring wells are located on adjoining property to the
south, TOTAL Industries.
January 29, 2020 Austin Heider, Bl Project Manager, noted that TOT AL has agreed to the
inclusion in the MSD the property on which the wells are located.
If all goes as planned, the MSD approval and BCP should be received from TCEQ by July
or August of this year. Ms. Cowling asked if an extension of the due diligence agreement is
necessary. Mr. Haggard said there is an automatic extension built into the contract.
5. Discussion and possible action regarding Idea WF
Scott Manley thanked the WFEDC for the past 10 years of support. He noted idea WF had
helped about 28 businesses get started. At least 105 primary jobs have been created under this
endeavor, and over $9 million in revenues were generated by these businesses in 2018. He
understands the necessity of creating primary jobs in order to qualify for 4A funding, and is
committed to making this work.

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Agenda Item No. 5.a
This pro�am was considered revolutionary when it first began, but other cities replicated
it, and now give away much greater sums of money. He thanked Vanda Cullar for representing the
SBDC and for their invaluable assistance in the program. However, due to retirements and changes
in job duties, there is no one left to help the new idea WF businesses. West Texas communities are
giving away $500,000 as well as funding an entity to administer the program.
He understands that retail and service businesses do not create primary jobs. However, the
program will still assist them. Historically, the money from the WFEDC funded the prizes, and
they raised funds from community partners to advertise/administer the competition, and also had
in-kind services from law firms, accountants, and IT firms. Those monies will be directed to the
businesses that the 4A cannot fund.
They have a $25,000 target for cash prices, to be raised 100% from fundraising. The request
of the 4A Board is for up to $250,000. They are also requesting $50,000 to fund a position to
administer the program.
The goal is to create approximately 65 jobs. Dr. Manley believes the change from $30,000
to a possible $250,000 prize will result in a change in the types of businesses attracted to the
program. They will require a minimum credit score of 680, and set the cash for jobs at $4,000 per
job, with a six-month timeframe of employment. If a winning business requests an advance on
funding, they must furnish an irrevocable letter of credit so that the WFEDC has recourse to recoup
its money if necessary.
David Toogood asked the definition of primary jobs. Kinley Hegglund said it is an
extremely broad definition, generally thought of as manufacturing jobs where the majority of the
product produced is exported out of the area. Henry Florsheim noted the cover page of the
relocation incentive notes the AICS codes allowed by the legislature. Dr. Manley said he
followed the statutory definition as much as possible, shortened for brevity. Mr. Hegglund said the
definition could include anything from breweries, woodworking, to manufacturing complex
machinery.
Dr. Manley said the winning business would be vetted through the judges, including
himself and a 4A Board member appointed to serve, and then come before the full WFEDC Board.
Mr. Hegglund noted that the proposed winners would also have to be approved by the City Council.
Mr. Florsheim questioned how the winner would be announced if it has to get prior approval from
both entities. Mr. Lane suggested the winners could be announced as candidates for 4A funding.
Ms. Cowling asked how this new funding would be measured as a success. Dr. Manley
said that since primary jobs must be created, that would be a good guidepost. Mr. Lane added that
89 jobs would go for $3,300 per job. The Board would do that for any company. Scott Poenitzsch
said he has already had a lot of respect for this program. His company just went through the
process, and that respect is tenfold. This process provides mentorship and some rigidity to help
businesses succeed, as well as helping in business plan writing. This is a good grass roots program
for Wichita Falls.
Ms. Cowling said that job creation is key. But it is also a different avenue from the more
direct job creation. She wondered if there was a threshold the Board would like to reach. Mr. Leiker
said he understands the $250,000 for jobs. If they are eligible, perhaps the Board would do it,
anyway. He is not sure, however, about the $50,000 for the position to administer the program.

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Agenda Item No. 5.a
That is where measuring success comes into play. If only five jobs are created, and $50,000 is
expended, he is not sure it is worth it.
Dr. Manley said he appreciates this concern. However, if there is no money to hire someone
to administer the position, then this program cannot continue. He volunteers about 300 hours of
his time to this program, not to mention the hours donated by those at the SBDC.
Ms. Cowling said someone would go through this program for potentially less money than
if they approached the Board directly, for that extra value addition of the consultation and business
planning. Dr. Manley said in his orientations, he tells the prospective businesses that if they are
going through this process for money, it's the wrong reason. The most they've ever given to one
business is $12,000.
6. Discussion and possible action regarding the use of Opportunity Strategies for
program development
This item was discussed during executive session.
7. Executive Session
Mr. Lane adjourned the meeting into executive session at 3:37 p.m. pursuant to Texas
Government Code §§551.072 and 551.087. He announced the meeting back into regular session
at 4:38 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further
action were taken on these items in executive session.
8. Motions

Braun Intertec
Mr. Toogood moved to approve an amended contract with Braun Intertec to finalize the
work that has been previously agreed to in the three prior contracts, coupled with the new proposal
with an addendum stating that the monies owed will not exceed $90,000. Seconded by Ms.
Cowling. the motion carried 5-0.

ideaWF
Mr. Toogood moved to approve the expenditure of $50,000 to manage the ideaWF
program, and to fully endorse the ideaWF program's structure and criteria as outlined in today's
presentation. Seconded by Reno Gustafson, the motion carried 5-0.

Opportunity Strategies
Mr. Leiker moved to approve the addendum as presented in an amount not to exceed
$4,000. Seconded by Ms. Cowling. the motion carried 5-0.

9. Adjourn
Mr. Gustafson moved for adjournment. The meeting adjourned at 4:45 p.m.

I.co Lane. President

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Agenda Item No. 5.a
MINUT ES
LAKE WICHITA REVITALIZATION COMMITTEE
February 11, 2020

PRESENT:
■ Members
Kathie Forehand-Chaddick; Secretary
David Coleman, Chair
Pete Gill
Ford Swanson
Kendrick Jones
Marcy Brown Marsden
John Pezzano
Stewart Harvey, ED LWFOR

Russell Schreiber, Public Works Director ■ Staff


Terry Points, Parks and Recreation Administrator
Vikesh Desai, Engineering

Robert Mauk, TP&W Rep Ex-officio ■ Guests


Jeremy Garza, KFDX

ABSENT: Tim Brewer, Eric Stevens, Eve Montgomery, Steve Young

1. Call to Order

David Coleman called the meeting to order at 1 :00 pm and declared a quorum.

2. Approval of Minutes

The minutes for the January meeting were approved unanimously.

3.a. Project Updates: Boardwalk TP&W grant project

David stated that one of the donation checks promised for early 2020 has been
received, and then Stewart presented a check for $200,000 from the JS Bridwell
Foundation to Russell, for deposit in the Boardwalk project account. Stewart stated that
the second (and final) donation check should be received next week.

Vikesh stated the Boardwalk is progressing well, and the project looks good for
completion in May. Steel should start arriving on site this week.

Russell will look into dates in May for a Ribbon Cutting ceremony and let us know what
dates will work for the Mayor and other dignitaries. David stated the City's Policy for
naming facilities is very flexible, and upon a majority vote by City Council, a facility can
be named to memorialize or otherwise recognize substantial gifts and significant

February 11, 2020


Page 1 of 2
Agenda Item No. 5.b
donors. Stewart will ask our donors whether they would desire this kind of recognition
for the Boardwalk or the Veteran's Plaza.

3.b. Kemp Blvd Boat Ramp TP&W grant project

David stated the City Council approved returning the TP&W Boat Ramp Grant on 21
January, and staff has sent a letter to TP&W to decline the grant for now, but to reserve
the option to request the grant be reinstated in the future.

3.c. Veteran's Plaza Project:

Vikesh said the design firm needs direction before finalizing the Veteran's Plaza design.
The phase one cost estimate is $2.04 million, which includes the trailer turning area,
and the restroom. The phase 2 cost estimate is $3. 7 million, which includes the seawall
and wetlands mitigation. Significant cost savings could be realized by moving the Plaza
eastward, since the amount of seawall and wetlands mitigation would be greatly
reduced. Stewart suggested that we hold a series of meetings with donors to get a feel
for their desires for the location of the Plaza and their ability to fund the project. The
Committee agreed to move the trailer turning area from phase one to phase two, and
then evaluate whether to move the Plaza after the donor meetings. Stewart will take
action to set up the donor meetings ASAP.

3.d. Lake Deepening Alternatives

Stewart has scheduled Aqua-Tech to sample the lake bed materials in mid-March,
which will cost $6,000. They will provide the samples to Jim Hollack to test whether
they're suitable for Compressed Earth Blocks, which will cost $2,200. We have funds
for this, based on the grant from Lakeside City, plus funds raised at Texoma Gives. We
should have test results back around mid-April, and will look at the possibility of hosting
a Town Hall meeting with Jim Hollack in that time frame.

4. Subcommittee Reports: None.

5. Discussion of Brick Sales and Fundraising Initiatives: None.

6. Other Business Matters

David stated our normal meeting time will now be 1 :00, and reminded the group that
they must complete Open Meetings Act and Open Records Act training.

Marcy stated that MSU has applied for a grant to test local waterways for non-point
source pollution, and will keep up updated.

7. Adjournment

12¼�
The meeting adjourned at 1 :52 pm.

q�C¼1D
Date

February l l, 2020
Page 2 of 2
Agenda Item No. 5.b
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance authorizing a joint general-special municipal election be
held on November 3, 2020, for the purposes of electing a Mayor,
Councilor District 3, Councilor District 4, and Councilor District 5;
further, submitting proposed amendments 1-8 to the City Charter be
submitted to the voters during said election; setting forth the
proposed amendments and prescribing the form of the propositions,
and ordering a Runoff Election, if needed.

INITIATING DEPT: Legal/City Clerk


______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Review and Update the City Charter


______________________________________________________________________
COMMENTARY: According to the Election Code, November 3, 2020 is the next
Uniform Election Date. The terms of the Mayor, Councilor District 3, Councilor District 4,
and Councilor District 5 will expire and these positions will be on the ballot.

Certain amendments (1-8) to the City Charter are also proposed to be submitted to the
voters during said election.

Proposition No. 1. Shall Sections 1, 2, 7, 8, 10, 21a, 36, 44, 46, 57, 64, 65, 66,
71, 72, 73, 75, 82, 91, 98, 106 and 107 of the City Charter be amended for the purposes
of modernization and clarification of language?

Proposition No. 2. Shall Sections 3b (annexation), 3c (disannexation), 20 (notice


of election), 37 (ordinances and resolutions), 67 (annual budget submission), 74 (ad
valorem taxes), 75 (borrowing of money), 83 (tax liens), 102 (collection and deposit of city
monies), 104 (awarding public works contracts), 130 (municipal court), and 131 (open
records) of the City Charter be amended for the purpose of bringing such sections into
harmony with Texas state law?

Proposition No. 3. Shall Section 31 of the City Charter be amended to provide


that if a majority of the votes cast on the question of recalling the mayor or a councilor be
against his recall he shall continue in office for the remainder of his unexpired term;
further, if a majority of such votes be for the recall of the officer designated on the ballot
he shall, regardless of any defects in the recall petition, be deemed removed from office;
and further, when the mayor or a councilor is removed from office by the recall, the place
thus made vacant shall be filled as hereinbefore provided for filling vacancies arising from
other causes?

PAGE 1 OF 19 PAGES
AGENDA ITEM NO. 6.A
Proposition No. 4. Shall Section 60 of the City Charter be amended to remove
the requirement that three physical copies of the Administrative Code be prepared in book
form?

Proposition No. 5. Shall Section 89 of the City Charter be amended so as to set


out, in clean and modern language, the evidence requirements in tax suits?

Proposition No. 6. Shall Section 103 of the City Charter be amended so that any
contract longer than two years in duration must either be approved by a four-fifths majority
of the City Council or by a vote of the citizens?

Proposition No. 7. Shall Section 132 of the City Charter be amended so that
should any member of the City Council have a conflict of interest pursuant to any State
laws or municipal ordinances regulating conflict of interest of municipal officers, with an
agenda item then before the City Council, 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; further, said member of the City Council will also file the
appropriate conflict of interest paperwork prior to said meeting with the City Clerk as
required by State law?

Further, shall no member of the City Council enter into a written contract with the city
where the city council member will receive a financial benefit, nor will the city enter into a
written contract with a company owned wholly, or in part, by a member of the city council
or that employs a member of the city council?

Further, shall any willful violation of this section constitute malfeasance in office, and any
member of the city council, officer, or employee found guilty thereof shall thereby forfeit
his office or position? Further, shall any violation of this section with the knowledge,
expressed or implied, of the person or corporation contracting with the city, render the
contract involved voidable by the city manager or city council?

Proposition No. 8. Shall Section 35 of the City Charter be amended so that the
mayor pro-tem shall be chosen pursuant to Chapter 2, Administration, of the Code of
Ordinances?

City Attorney City Clerk


______________________________________________________________________
ASSOCIATED INFORMATION: Ordinance attached

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 2 OF 19 PAGES
AGENDA ITEM NO. 6.A
Ordinance No. _________

Ordinance authorizing a joint general-special municipal election be


held on November 3, 2020, for the purposes of electing a Mayor,
Councilor District 3, Councilor District 4, and Councilor District 5;
further, submitting proposed amendments 1-8 to the City Charter be
submitted to the voters during said election; setting forth the
proposed amendments and prescribing the form of the propositions,
and ordering a Runoff Election, if needed

WHEREAS, in accordance with the Texas Election Code, the Texas Local
Government Code, Constitution of the State of Texas, City Charter and general laws, a
General-Special Election is hereby called and ordered for November 3, 2020.

WHEREAS, the City Council desires to call for a General-Special Municipal


Election to be held on November 3, 2020, for the purpose of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5, as well as submitting proposed
amendments 1-8 to the City Charter to the voters during said election; and,

WHEREAS, by this ordinance, the City Council sets forth the proposed Charter
amendments, and prescribes the form of the propositions.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

SECTION 1. A Joint General-Special Municipal Election is hereby ordered to be


held on the 3rd day of November, 2020, for the purposes of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5; further, submitting proposed
amendments 1-8 to the City Charter be submitted to the voters during said election.

SECTION 2. The City Clerk is hereby authorized to contract with Wichita County
for the purpose of having the County furnish all or any portion of the election services and
equipment needed to conduct the election, and to obtain necessary election supplies. An
electronic voting system, as defined in Chapter 121 of the Texas Election Code, shall be
used for voting at the regular polling places and for counting the ballots and the tabulation
of the results at the central counting station.

SECTION 3. The Wichita County Clerk is designated as the Early Voting Clerk.
Early voting shall be conducted at locations and hours established by Wichita County.
The main Early Voting polling location will be located at the Wichita County Courthouse,
900 7th Street, Room 139, Wichita Falls, TX 76301, and applications for ballot by mail
should be mailed to: Wichita County Clerk, Early Voting Clerk, 900 7th Street, Room 250,
Wichita Falls, TX 76301.

PAGE 3 OF 19 PAGES
AGENDA ITEM NO. 6.A
SECTION 4. The hereinafter-described proposed amendments to the City Charter
of the City of Wichita Falls shall be submitted to the voters during the General-Special
Municipal Election to be held on November 3, 2020.

Measure No. 1. That Sections 1, 2, 7, 8, 10, 21a, 36, 44, 46, 57, 64, 65, 66, 71,
72, 73, 75, 82, 91, 98, 106, and 107 of the City Charter shall be amended so that such
sections shall read as follows:

“Sec. 1. - Incorporation.

The inhabitants of the City of Wichita Falls, within the boundaries herein stated, or
within such boundaries as may hereinafter be established, shall be a body politic and
corporate under the name of "The City of Wichita Falls," and as such shall have perpetual
succession, may use a common seal, may sue and be sued, contract and be contracted
with, may plea and be impleaded in all courts and places in all matters whatever.

The government for the City of Wichita Falls shall be known as the Council-
Manager form of government.

All powers and authority, including determination of all matters of policy, which are
expressly or by implication conferred on or possessed by the City, must be vested in and
exercised by the City Council. The city council shall set policy for the city by the enactment
of ordinances, the passage of resolutions, the adoption of a budget and the passage of
such other rules as necessary to establish city policy under the laws and Constitution of
the State of Texas.

The City Manager shall execute policy by serving as the chief city administrator
and conducting the day-to-day operations of the city.”

“Sec. 2. - Boundaries.

The boundaries of the City of Wichita Falls, Texas, shall be the same as have
previously been established, as of this date, which boundaries are more fully set out on
an official map recorded in the official minutes of the city, to be kept in the office of the
City Clerk, and here referred to for a more complete metes and bounds description. The
boundaries of the City may be altered by extension through annexation or contraction
through disannexation by one of the methods described in the following section.”

“Sec. 7. - Express corporate powers.

The City of Wichita Falls shall have the power:

(a) To acquire property, within or without the city, in fee simple or lesser interest
or estate, by purchase, gift, devise appropriation, lease, or lease with privilege to

PAGE 4 OF 19 PAGES
AGENDA ITEM NO. 6.A
purchase, for any municipal purpose and may sell, lease, hold, manage, and control such
property as though a natural person;

(b) To furnish all local public service of whatever nature;

(c) To purchase, hire, construct, own, maintain, and operate or lease local
public utilities, and to acquire by condemnation or otherwise, within or without the
corporate limits, property necessary for any such purpose;

(d) To grant local public utility franchises and regulate the exercise thereof;

(e) To assess, levy and collect taxes for general and special purposes on all
subjects or objects which the city may lawfully tax;

(f) To borrow money on the faith and credit of the city by the issue or sale of
bonds or notes of the city;

(g) To appropriate the money of the city for all lawful purposes;

(h) To create, provide for, construct, regulate and maintain all things in the
nature of public work and improvements;

(i) To levy and collect assessments for local improvements on property


benefited thereby;

(j) To license and regulate persons, corporations and associations engaged in


any business, occupation, profession or trade;

(k) To define, prohibit, abate, suppress and prevent within the City, and for a
distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof
and all things detrimental to the health, morals, safety, convenience and welfare of its
inhabitants;

(l) To make all needful regulations, applicable within and without the city, for
securing and preserving the purity of its water supply;

(m) To provide for such inspection service within and without the city as may be
necessary to ensure the purity and wholesomeness of food products sold within the city;

(n) To do all things necessary or desirable to secure and promote the public
health;

(o) To regulate the construction, location, height and material used in all
buildings and the maintenance and occupancy thereof;

PAGE 5 OF 19 PAGES
AGENDA ITEM NO. 6.A
(p) To regulate and control the use, for whatever purpose of the streets and
other public places of the city;

(q) To create, establish, organize and abolish departments and offices, and fix
the salaries and compensation of all officers and employees;

(r) To make and enforce local public safety, sanitary and other regulations;

(s) To fund projects which promote the economic development of the city;

(t) To pass such ordinances as may be expedient for maintaining and


promoting the peace, safety, good government and welfare of the city and for the
performance of the functions thereof;

(u) To exercise in addition to the powers enumerated in this section, all powers
that now are, or hereafter may be, granted to municipalities by the constitution or laws of
the State of Texas; and all the powers of the city whether expressed or implied, shall be
exercised and enforced in the manner prescribed in this Charter, or when not so
prescribed then in such manner as may be provided by ordinance or resolution of the city
council;

(v) To have and exercise all of the powers, rights, privileges and immunities of
every character and description whatsoever conferred upon and granted to cities of more
than five thousand [5,000] inhabitants to adopt and amend their charters by Chapter 147,
page 307, of the General Laws of Texas passed by the thirty-third Legislature of said
State in 1913, and approved April 7th, 1913, as well as any and all amendments which
may be adopted.”

“Sec. 8. - Other corporate powers.

The enumeration of powers by this Charter shall not be held to be deemed to be


exclusive but, in addition to the powers enumerated herein or appropriate to the exercise
thereof the city shall have, and may exercise, all other powers, which, under the
constitution and laws of Texas, it would be competent for this Charter specifically to
enumerate, it being the intention hereof that the powers of the City of Wichita Falls shall
extend to all matters of local and municipal government.”

“Sec. 10. - Membership of the city council.

The city council shall consist of a mayor and six councilors, whose terms,
qualifications, and method of election shall be prescribed in the Code of Ordinances,
Chapter 2, Administration.”

“Sec. 21a. - Breaking tie votes.

PAGE 6 OF 19 PAGES
AGENDA ITEM NO. 6.A
If by reason of their having received the same number of votes, it cannot be
determined which of two (2) or more candidates has been elected, a decision between
them shall be made in their presence by a flip of a coin under the direction of the city
clerk.

In the event a runoff is required, and it cannot be determined from the vote which
two (2) candidates shall advance to a runoff, because of a tie vote, the decision shall be
made by lot.”

“Sec. 36. - The city clerk.

The city council shall choose a city clerk who shall also be clerk of the city council.
The city clerk shall perform the duties imposed upon him by this Charter and such other
duties as may be imposed by the city council.”

“Sec. 44. - Initiative election.

Upon receiving the certificate and certified copy of the proposed measure, as
provided in the foregoing section, the city clerk shall certify the fact to the city council at
its next regular meeting.

The city council shall call an election on the measure at the earliest date authorized
by the Texas election laws.

Any such measure approved by a majority of the electors voting thereon shall be
considered adopted and shall take effect at the time indicated therein.”

“Sec. 46. - Referendum.

The electors shall have power at their option to approve or reject at the polls any
ordinance or resolution passed by the city council or submitted by such city council to a
vote of the electors, such power being known as the referendum; provided, however, that
such right of referendum shall not apply to ordinances or resolutions passed by the city
council authorizing the issuance of bonds voted by the resident qualified voters of the city.

Measures submitted to the city council by initiative petition and passed by the city
council without change or passed in an amended form and not required by the committee
of petitioners to be submitted to a vote of the electors shall be subject to the referendum
in the same manner as other measures.”

“Sec. 57. - City manager appointment and dismissal.

The city manager shall be chosen solely on the basis of his executive and
administrative qualifications, and need not, when appointed be an inhabitant of the city or
state.

PAGE 7 OF 19 PAGES
AGENDA ITEM NO. 6.A
The city manager shall not be appointed for a definite term, but shall be removable
at the pleasure of the city council. If removed at any time after he has served six (6)
months he may demand written charges and the right to be heard at a public meeting of
the city council prior to the date on which his final removal shall take effect. Pending and
during such hearing the city council may suspend him from office. The action of the city
council in suspending or removing the city manager shall be final, it being the intention of
this charter to vest all authority and fix all responsibility for any such suspension or
removal wholly in the city council.

In case of the absence or disability of the manager, the city council shall designate
some qualified person to perform the duties of the office. The city manager shall receive
such compensation as may be fixed by the city council.”

“Sec. 64. - Department of law—city attorney.

The city attorney shall have practiced as an attorney at law for at least two (2)
years in the State of Texas. He shall be chief legal advisor of, and attorney for the city.

He shall attend all meetings of the city council, and when so requested, shall give
advice in writing to the city council, the city clerk, the city assessor and collector and all
other officers of said city and the city manager. He shall prosecute or defend, as the case
may be, all suits or cases to which the city is a party. He shall attend sessions of the
municipal court, either in person or by deputy, and prosecute all persons charged with
offenses. He shall approve the form of all official bonds, and of all contracts to which the
city is a party, and render such other professional legal service as may be required by the
city council.”

“Sec. 65. - Department of finance.

The city manager shall have the power to appoint a chief financial officer and
director of finance to have supervision over the department of finances and to administer
the financial affairs of the city, including the levy, assessment and collection of taxes, or
other revenues, and the custody and disbursement of city funds and money.”

“Sec. 66. –Chief financial officer and Director of finance.

The chief financial officer and director of finance shall keep accounts showing the
financial transactions for all city departments, divisions and offices.

Forms for such accounts shall be prescribed by the director of finance and shall
be adequate to record all cash receipts and disbursements, all revenues accrued and
liabilities incurred, and all transactions affecting the acquisition, custody and disposition
of values, and to make such reports of the financial condition and transactions of the city
as may be required by the city manager or city council.”

“Sec. 71. - Non-appropriated revenues.

PAGE 8 OF 19 PAGES
AGENDA ITEM NO. 6.A
Any accruing revenue of the city, not appropriated as hereinbefore provided and
any balance remaining after the purposes of the appropriation shall have been satisfied
or abandoned, may be appropriated by the city council to such uses as will not conflict
with any uses for which specifically such revenues accrued, and where not in conflict with
the constitution and laws of this State, or other provisions of this Charter.”

“Sec. 72. - Unauthorized expenditures.

No money shall be drawn from the treasury of the city, nor shall any obligation for
the expenditure of money be incurred, except pursuant to appropriations made by the city
council.

At the close of each fiscal year the unencumbered balance of each appropriation
shall revert to the fund from which it was appropriated and shall be subject to future
appropriations. Appropriations may be made in furtherance of improvements or other
objects or works of the city which will not be completed within the current year.”

“Sec. 73. - Ordinance to levy taxes.

Not later than one (1) week after the passage of the appropriation ordinance the
city council shall by ordinance levy such taxes as may be necessary to meet the
appropriations made (less the estimated amount of revenue from other sources), and to
provide all sums required by this Charter to be raised on account of the bonded
indebtedness of the city and for all other purposes. In fixing such tax rate the city council
shall designate what portion of the total is for such bonded indebtedness, and shall also
designate what portions of the total are levied for other specific purposes.

The portion of the tax rate designated for the city's bonded indebtedness shall be
adequate to provide sufficient revenue to meet the requirements of interest and provide
the necessary sinking fund to pay the principal of such bonds at maturity.

Any tax payer of the city or holder of any bonds of said city may file suit in the
district court of Wichita County to enforce the foregoing requirements, and, if upon such
suit, it be found that the portion of the tax rate for the bonded indebtedness is inadequate
the court shall order and fix an adequate rate as provided. If in any year the revenue from
taxation shall be inadequate to meet the requirements of interest and provide the
necessary sinking fund of such bonded indebtedness for such year, the city council shall
by revision of its appropriations for general city purposes provide sufficient funds to meet
any such deficiency, and any taxpayer or holder of any of its bonds may file suit in the
court above mentioned to compel the city council to carry out this requirement.”

“Sec. 75. - Borrowing of money.

The city council shall have the authority by ordinance to borrow money on the
credit of the city and issue bonds therefor for permanent improvements and for any other
lawful municipal purpose, including the purchase of fire fighting equipment, as may be

PAGE 9 OF 19 PAGES
AGENDA ITEM NO. 6.A
determined by the city council, providing that no bonds shall be authorized unless the
proposition for the issuance thereof has been approved by the majority of the qualified
voters of the city voting at an election held for said purpose. Such election shall be ordered
by the city council and notice thereof shall be given in the manner and for the length of
time provided by the general laws of Texas applicable to cities and towns. Except as
otherwise provided by laws relating to the issuance of bonds by cities and towns such
election shall be held and conducted in accordance with the laws of the State of Texas
governing general elections. The foregoing provisions requiring an election on the
proposition for the issuance of bonds shall not apply to funding or refunding bonds issued
or to be issued for the purpose of funding or refunding any valid indebtedness or any valid
outstanding bonds of the City of Wichita Falls provided that such refunding bonds shall
not bear interest at a rate exceeding the rate borne by the bonds thus refunded. All such
bonds shall be issued in the manner provided by the general laws of Texas applicable to
cities and towns.

The city council is authorized to issue, by ordinance, such other bonds, notes and
obligations for municipal purposes as are authorized by the Constitution and laws of the
State of Texas, subject to the procedures and limitations established thereby.”

“Sec. 82. - Assessment of railroad property.

All property of railroad companies of whatever description lying and being within
the City of Wichita Falls on the first day of January of each year shall bear its proportionate
share of municipal taxation, and, if any such property shall not have been rendered for
taxation for any year, the same shall be assessed and taxes collected thereon in the same
manner as provided for other unrendered property of previous years.”

“Sec. 91. - Tax sales purchases.

When any property, real or personal, is sold to enforce the collection of taxes the
City of Wichita Falls shall not become the purchaser unless no one else is present who
will purchase the same and pay the full amount due the city, including all costs and
penalties, and it is hereby made the duty of the city attorney or the person acting as such
to attend all sales and bid therefor for the city, and upon such sale the officer making the
same shall execute to the city or other purchaser proper evidence of the title and place
the purchaser of personal property in possession.”

“Sec. 98. - Council's failure to levy taxes.

If the city council shall fail, refuse, or neglect to pass an ordinance levying the taxes
for any year, the ordinance last passed levying taxes shall be considered in force and a
failure to pass such ordinance shall not invalidate the collection of any taxes.”

“Sec. 106. - Payment of city monies.

PAGE 10 OF 19 PAGES
AGENDA ITEM NO. 6.A
No claim against the city shall be paid except upon a voucher certified by the head
of the appropriate department, division or office of the city government, and by means of
a warrant on the city treasury, issued by the chief financial officer and director of finance
and countersigned by the city manager.

The chief financial officer and director of finance shall examine all payrolls, bills,
and other claims and demands against the city, and shall issue no warrant for payment
unless he finds that the claim is in proper form, correctly computed and duly certified; that
an appropriation has been made therefore [therefor] which has not been exhausted; that
the payment has been otherwise legally authorized, and that there is money in the city
treasury to make payment. He may require any claimants to make oath to the validity of
a claim. He may investigate any claim, and for such purposes may examine witnesses
under oath. If he finds a claim to be fraudulent, erroneous, or otherwise invalid, he shall
not issue a warrant therefor.”

“Sec. 107. - Annual audit.

The city council may at any time provide for an examination or audit of the accounts
of any officer or department of the city government. The city council shall provide for an
independent annual audit of all city accounts and may provide for more frequent audits
as it deems necessary. Such independent audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest, direct or indirect,
in the fiscal affairs of the city government or any of its officers. If the state makes such an
audit, the city council may accept it as satisfying the requirements of this section.”
Measure No. 2. That Sections 3b, 3c, 20, 37, 67, 74, 75, 83, 102, 104, 130, and
131 of the City Charter shall be amended so that such sections shall read as follows:

“Sec. 3b. - Annexation on petition of owners.

Territory may be annexed to the City upon presentation of a petition as authorized


by the laws of the State of Texas.”

“Sec. 3c. - Disannexation of territory.

Territory lying within the boundary limits of the City may be disannexed from the
City as authorized by the laws of the State of Texas.”

“Sec. 20. - Notice of election by publication.

Notice of the election, and the polling places, shall be published by the city clerk
as specified in the Texas election laws.”

“Sec. 37. - Ordinances and resolutions.

PAGE 11 OF 19 PAGES
AGENDA ITEM NO. 6.A
Each proposed ordinance or resolution shall be introduced in written or printed
form and except ordinances or resolutions making appropriations shall not contain more
than one subject which shall be clearly expressed in the title.

The vote upon the passage of all ordinances and resolutions shall be taken by
"yeas" and "nays" and entered upon the minutes of the city council and every such
ordinance or resolution shall require for passage the affirmative vote of a majority of all
the members of the city council. No council member shall be excused from voting except
on matters involving the consideration of his own official conduct, or where his financial
interests are involved.

As soon as practical after the close of each fiscal year all ordinances passed during
the previous year shall be compiled by the city clerk and printed in such form as may be
directed by the city council.”

“Sec. 67. - Submission of annual budget.

Prior to the end of each fiscal year the city manager shall prepare and submit to
the city council a budget of the expenditures and revenues of all city departments,
divisions, and offices for the next ensuing fiscal year. In the preparation and submission
of such budget the city manager shall be governed by the general laws of the State of
Texas, relating to the preparation and submission of budgets by cities and towns of the
State.

The city council shall provide a reasonable number of copies of the budget for
distribution to citizens who may request copies thereof. Copies shall be furnished in
accordance with the laws of the State of Texas.”

“Sec. 74. - Ad valorem taxes.

The city council shall have the power and is hereby authorized to assess, levy and
collect ad valorem taxes on each one hundred dollars ($100.00) of assessed valuation of
property situated in the city not exempt from taxation by the Constitution and the laws of
the State of Texas, in the amounts and for the purposes as follows:

(a) To pay the general governmental operation expenses of the city for general
improvements of the city and its property, including a public library, roads, bridges,
streets, public parks, cemeteries, and other governmental purposes authorized by state
law.

(b) To pay the principal of and interest on bonds of the city hereto authorized,
and hereafter authorized, by the qualified voters of the city, or as otherwise authorized by
state law.

PAGE 12 OF 19 PAGES
AGENDA ITEM NO. 6.A
Providing that the total amount of ad valorem taxes thus authorized to be levied
shall never exceed in any one year an amount as authorized by the laws of the State of
Texas.”

“Sec. 83. - Tax liens.

The annual assessment of taxes made by the City of Wichita Falls upon landed
property shall be a special lien, and all property, both real and personal, belonging to any
delinquent taxpayer shall be liable to seizure and sale for the payment of all taxes and
penalties due by such delinquent; provided that the homestead of such delinquent shall
only be liable for the taxes due thereon.

All real property in the City of Wichita Falls on the first day of January of each year
and subject to taxation by said city, shall stand charged with a special lien in favor of the
city for all taxes levied against the owner during the year, superior to all mortgages and
other liens, except the liens for the state and county taxes, and all persons purchasing
the same after the first day of January of any year shall take the same subject to such
lien, and the city may intervene in any suit for the foreclosure of any other lien and assert
its right or may institute an independent suit and make all mortgages and lien holders and
subsequent purchasers parties for the purpose of enforcing its lien, or recovering personal
judgment for its taxes; and the said city shall be authorized and it is hereby made the duty
of the city assessor and collector to file the proper statement of the taxes in any court of
bankruptcy administering the estate of any bankrupt taxpayer.

In all cases where a taxpayer makes an assignment of his property for the payment
of his debts, or where his property is levied upon by creditors by writs of attachment or
otherwise, or where the estate of a decedent has become insolvent and the taxes
assessed against such in whole, the amount of such unpaid taxes shall be paid pursuant
to the laws of the State of Texas.”

“Sec. 102. - Collection and deposit of city monies.

All taxes, special assessments, license fees and other revenues accruing to the
city shall be collected pursuant to the laws of the State of Texas. All money received by
any officer or employee of the city for or in connection with the business of the city shall
be paid promptly into the city treasury and shall be deposited with the depository of said
city as provided by the laws of this state. All interest on money so deposited shall accrue
to the benefit of the city and shall be paid into the general fund of said city. The city council
shall provide by ordinance for the prompt and regular payment and deposit of all city
monies as required by this action.”

“Sec. 104. - Awarding public works contracts.

Any public work or improvement may be executed either by contract or by direct


labor as may be determined by the city council. Before authorizing the direct execution of
any work or improvement, detailed plans and estimates thereof shall be available to the

PAGE 13 OF 19 PAGES
AGENDA ITEM NO. 6.A
city council; and there shall be separate accounting as to each work or improvement so
executed.

All such contracts for any public work or improvement for an amount more than the
amount specified by state law for the taking of sealed competitive bids, shall be awarded
pursuant to state law, after public advertisement and competition as required by state law;
but the city manager or the city council shall have power to reject all bids and to advertise
again.

All advertisements as to contracts shall contain a reservation of the foregoing right.


Contracts for public works and improvements shall be signed by the city manager after
approval by the city council.”

“Sec. 130. - Municipal court.

The City Council may create, maintain, and abolish such municipal courts,
including municipal courts of record, as authorized by the laws of the State of Texas.”

“Sec. 131. - Open records.

Subject to the provisions of Texas Government Code Chapter 552 and any
successors, all accounts and records of every office and department of the city must be
open to the public at all reasonable times, except records and documents from which
Texas Government Code Chapter 552 and any successor may allow to be withheld.”

Measure No. 3. That Section 31 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 31. - Council action on recall election.

If a majority of the votes cast on the question of recalling the mayor or a councilor
be against his recall he shall continue in office for the remainder of his unexpired term. If
a majority of such votes be for the recall of the officer designated on the ballot he shall,
regardless of any defects in the recall petition, be deemed removed from office. When the
mayor or a councilor is removed from office by the recall, the place thus made vacant
shall be filled as hereinbefore provided for filling vacancies arising from other causes.”

Measure No. 4. That Section 60 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 60. - Administrative code.

There shall be a department of law, a department of finance, a department of


health, and such other departments and offices as may be established by ordinance.

PAGE 14 OF 19 PAGES
AGENDA ITEM NO. 6.A
Except as otherwise provided in this Charter, the city council shall by ordinance
prescribe and define the functions of all departments and offices and may abolish any
department or office established by ordinance or transfer its duties in whole or in part to
any other department or office. In establishing departments and offices, providing for their
organization and defining and distributing their functions, the city council shall pass a
general ordinance with the title "An ordinance to establish an administrative code." After
the passage of such ordinance, which shall thereafter be known as "The Administrative
Code," all subsequent changes made by the city council in the number, functions and
organization of departments and offices, shall be in the form of amendments or additions
thereto. The purpose of the foregoing requirements is that the city council shall provide a
comprehensive and systematic plan of administrative organization for the city, and that
all facts of the city council relating thereto may be found in one ordinance.”

Measure No. 5. That Section 89 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 89. - Evidence requirements in tax suits.


In all suits for the collection of taxes which have been or which may be levied upon
the tax rolls of said city a certified statement made by the assessor and collector shall be
prima facie evidence of the truth of all recitation and facts shown by said rolls and shall
be held to be sufficient proof (subject to rebuttal only by pleading and proof by defendant)
of the following facts:

(a) That the person, firm or corporation shown to be a taxpayer was such and
owned the property listed for each year shown on the statement if the suit
seeks to enforce personal liability or is the current owner if the suit seeks to
foreclose the tax lien and that such property was subject to taxation in said
city.
(b) That the taxes due upon such property were duly and legally levied for the
purpose shown in such rolls and that the same are valid and unpaid.
(c) That all acts and proceedings required by law or by ordinance of said city in
the manner for rendering, appraising and fixing the values upon said
property and the giving of all notices to such taxpayers have each and all
been performed and complied with at the time and in the manner and form
required and that all things that might be construed as conditions precedent
to the lawful demand upon such taxpayers to pay the amount of taxes in
such rolls shown to be due by him or them have been performed at the time
and in the manner required by law, provided that in the event that defendant
shall show that his property was voluntarily rendered by him, and that the
valuation of the same was subsequently changed by the assessor or board
of equalization without notice to him or his agent, or shall show that the said
rate of taxation for any purpose was to any extent illegal, judgment shall
thereupon be rendered against him for the proper amount due based upon
the value of his property as rendered by him and the amount of tax which is
found to be legal.”

PAGE 15 OF 19 PAGES
AGENDA ITEM NO. 6.A
Measure No. 6. That Section 103 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 103. - Long term contracts.


No continuing contract (which involves the payment of money out of the
appropriations of more than two (2) years), except public utility franchises, shall be made
unless approved by the city council by a vote of at least four-fifths (4/5) of the members
of the Council or by submission to the voters of the city at a regular or special election
and the approval of a majority of those voting thereon.”

Measure No. 7. That Section 132 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 132. - Conflicts of interest.

Should any member of the City Council have a conflict of interest pursuant to any
State laws or municipal ordinances regulating conflict of interest of municipal officers, with
an agenda item then before the City Council, 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 City Council 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 City Council shall enter into a written contract with the city where
the city council member will receive a financial benefit, nor will the city enter into a written
contract with a company owned wholly, or in part, by a member of the city council or that
employs a member of the city council.

Any willful violation of this section shall constitute malfeasance in office, and any
member of the city council, officer, or employee found guilty thereof shall thereby forfeit
his office or position. Any violation of this section with the knowledge, expressed or
implied, of the person or corporation contracting with the city, shall render the contract
involved voidable by the city manager or city council.”

Measure No. 8. That Section 35 of the City Charter be amended so that such
sections shall read as follows:

“Sec. 35. - The mayor.

The mayor shall have all the powers and shall be subject to all the duties conferred
on or required of other members of the city council by this Charter. He shall preside at
meetings of the city council and perform such other duties consistent with his office as
may be imposed thereby.

He shall be recognized as the official head of the city for all ceremonial purposes,
by the courts for the purposes of serving civil processes, and by the Governor for military
purposes.
PAGE 16 OF 19 PAGES
AGENDA ITEM NO. 6.A
In time of public danger or emergency, he may, with the consent of the city council,
take command of the police, maintain order and enforce laws.

During the absence or disability of the mayor, the mayor's duties shall be
performed by the Mayor Pro-Tem, who shall be a councilor as prescribed in Chapter 2,
Administration, of the Code of Ordinances.”

SECTION 5. The proposed measures to amend the Charter of the City of Wichita
Falls as proposed in Section 4 of this ordinance shall be submitted to the qualified voters
at this general-special election on November 3, 2020, on the ballot and in the form of the
following propositions. The number of the propositions shall correspond to the number of
the measures, and the words “yes” and “no” shall be printed to the left of each proposition
on the ballot.

Proposition No. 1. Shall Sections 1, 2, 7, 8, 10, 21a, 36, 44, 46, 57, 64, 65, 66,
71, 72, 73, 75, 82, 91, 98, 106 and 107 of the City Charter be amended for the purposes
of modernization and clarification of language?

Proposition No. 2. Shall Sections 3b (annexation), 3c (disannexation), 20


(notice of election), 36 (city clerk), 37 (ordinances and resolutions), 67 (annual budget
submission), 74 (ad valorem taxes), 75 (borrowing of money), 83 (tax liens), 102
(collection and deposit of city monies), 104 (awarding public works contracts), 130
(municipal court), and 131 (open records) of the City Charter be amended for the purpose
of bringing such sections into harmony with Texas state law?

Proposition No. 3. Shall Section 31 of the City Charter be amended to provide


that if a majority of the votes cast on the question of recalling the mayor or a councilor be
against his recall he shall continue in office for the remainder of his unexpired term;
further, if a majority of such votes be for the recall of the officer designated on the ballot
he shall, regardless of any defects in the recall petition, be deemed removed from office;
and further, when the mayor or a councilor is removed from office by the recall, the place
thus made vacant shall be filled as hereinbefore provided for filling vacancies arising from
other causes.?

Proposition No. 4. Shall Section 60 of the City Charter be amended to remove


the requirement that three physical copies of the Administrative Code be prepared in book
form?

Proposition No. 5. Shall Section 89 of the City Charter be amended so as to set


out, in clean and modern language, the evidence requirements in tax suits?

Proposition No. 6. Shall Section 103 of the City Charter be amended so that any
contract longer than two years in duration must either be approved by a four-fifths majority
of the City Council or by a vote of the citizens?

Proposition No. 7. Shall Section 132 of the City Charter be amended so that
should any member of the City Council have a conflict of interest pursuant to any State
PAGE 17 OF 19 PAGES
AGENDA ITEM NO. 6.A
laws or municipal ordinances regulating conflict of interest of municipal officers, with an
agenda item then before the City Council, 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; further, said member of the City Council will also file the
appropriate conflict of interest paperwork prior to said meeting with the City Clerk as
required by State law?

Further, shall no member of the City Council enter into a written contract with the
city where the city council member will receive a financial benefit, nor will the city enter
into a written contract with a company owned wholly, or in part, by a member of the city
council or that employs a member of the city council?

Further, shall any willful violation of this section constitute malfeasance in office,
and any member of the city council, officer, or employee found guilty thereof shall thereby
forfeit his office or position? Further, shall any violation of this section with the knowledge,
expressed or implied, of the person or corporation contracting with the city, render the
contract involved voidable by the city manager or city council?

Proposition No. 8. Shall Section 35 of the City Charter be amended so that the
mayor pro-tem shall be chosen pursuant to Chapter 2, Administration, of the Code of
Ordinances?

SECTION 6. The election materials as outlined in Section 272.005, Texas Election


Code, shall be printed in both English and Spanish for use at the polling places and for
early voting for said election.

SECTION 7. The Mayor is authorized to sign the Order of Election and Notice of
Election prescribed by the State of Texas. The Notice of Election shall be published in
accordance with the provisions of the Texas Election Code and City Charter.

SECTION 8. Any candidate receiving a majority of all the votes cast for the office
for which he or she is a candidate shall be elected to such office. In the event of a tie or
that no candidate receives a majority of all votes cast for the office sought, a run-off
election shall be held.

PAGE 18 OF 19 PAGES
AGENDA ITEM NO. 6.A
PASSED AND APPROVED this the 16th day of June, 2020.

_________________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 19 OF 19 PAGES
AGENDA ITEM NO. 6.A
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance approving the submission of an additional proposed City
Charter amendment to the voters during the general-special election
of November 3, 2020; further, setting forth the additional proposed
amendment and prescribing the form of the proposition.

INITIATING DEPT: Legal


______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Review and Update the City Charter


______________________________________________________________________
COMMENTARY: Earlier in this meeting, the City Council approved an ordinance
calling for a General-Special Municipal Election to be held on November 3, 2020, for the
purposes of electing a Mayor, Councilor District 3, Councilor District 4, and Councilor
District 5; further submitting certain proposed amendments to the City Charter to the
voters during said election.

A certain amendment (9) to the City Charter is proposed to be submitted to the voters
during said election.

Proposition No. 9. Shall Sections 12, 23, and 32 of the City Charter be amended to
provide for three (3) year Council terms; to set term limits; and that unexpired or vacant
terms (including those pursuant to successful recall petitions) of 12 months or less be
filled by the remaining members of the City Council, while all other vacancies shall be
filled by a special election according to Texas law?

City Attorney
______________________________________________________________________
ASSOCIATED INFORMATION:

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.B
Ordinance No. _________

Ordinance approving the submission of an additional proposed City


Charter amendment to the voters during the general-special election of
November 3, 2020; further, setting forth the additional proposed
amendment and prescribing the form of the proposition

WHEREAS, on June 16, 2020, the City Council approved an ordinance calling for a
General-Special Municipal Election to be held on November 3, 2020, for the purposes of
electing a Mayor, Councilor District 3, Councilor District 4, and Councilor District 5; further
submitting certain proposed amendments to the City Charter to the voters during said
election; and,

WHEREAS, the City Council desires to include an additional proposed amendment


to the City Charter to be submitted to the voters during said election; and,

WHEREAS, by this ordinance, the City Council also sets forth the proposed
additional Charter amendment, and prescribes the form of the proposition.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


WICHITA FALLS, TEXAS, THAT:

SECTION 1. There hereinafter-described proposed amendment to the City Charter


of the City of Wichita Falls shall be included among those previously approved
amendments to be submitted to the voters during the General-Special Municipal Election
to be held on November 3, 2020:

Measure No. 9. That Sections 12, 23, and 32 of the City Charter be amended so
that such sections shall read as follows:

“Sec. 12. - Terms of office.


Members of the city council elected to office in November 2020 or thereafter will be
elected for a term of three (3) years. A councilor or mayor can serve a maximum of two (2)
consecutive terms in the same office. However, in no event shall an elected official of the
city be eligible to be elected to more than three (3) consecutive terms in any combination
of elective office. After at least an 18-month absence from office, the person will be eligible
to hold an elective office with the city again.
Members of the City Council who are serving consecutive terms which include one
or more two-year terms, set by the Charter at the time of their election, are authorized to
serve a maximum of three (3) consecutive terms in the same office. In no event will such
an elected official of the city be eligible to be elected to more than four (4) consecutive
terms in any combination of elective office. After at least an 18-month absence from office,
the person will be eligible to hold an elective office with the city again.
A council member who is appointed or elected to fill an unexpired term will not have
that partial term of office counted against them for purposes of the term limits set out in this
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.B
section. Council members elected to a city council office who then resign in order to take
another elected city council office will be deemed to have fully served the term for the office
from which they resigned.”
“Sec. 23. - City council vacancies.
If a vacancy occurs in the office of mayor or in any other place on the city council for
an unexpired term of 12 months or less, some eligible person may be chosen to fill the
place by a majority vote of the remaining members. Any person chosen by the city council
to fill a vacancy therein shall continue in office as a result of such choice only until the next
regular municipal election, at which time some person shall be elected to fill the office. All
other vacancies must be filled by special election as set out by Texas law.”

“Sec. 32. - Resignation pending recall.


If the mayor or a councilor in regard to whom sufficient recall petition is submitted to
the city council shall resign within five (5) days after notice thereof, the place thus made
vacant on the city council shall be filled as set out by section 23 of the Charter.”

SECTION 2. The proposed measure to amend the Charter of the City of Wichita
Falls as proposed in Section 1 of this ordinance shall be submitted to the qualified voters
at this general-special election on November 3, 2020, on the ballot and in the form of the
following proposition. The number of the proposition shall correspond to the number of the
measure, and the words “yes” and “no” shall be printed to the left of the proposition on the
ballot.

Proposition No. 9. Shall Sections 12, 23, and 32 of the City Charter be amended
to provide for three (3) year Council terms; to set term limits; and that unexpired or vacant
terms (including those pursuant to successful recall petitions) of 12 months or less be filled
by the remaining members of the City Council, while all other vacancies shall be filled by a
special election according to Texas law?

PASSED AND APPROVED this the 16th day of June, 2020.

_________________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.B
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance approving the submission of an additional proposed City
Charter amendment to the voters during the general-special election
of November 3, 2020; further, setting forth the additional proposed
amendment and prescribing the form of the proposition.

INITIATING DEPT: Legal


______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Review and Update the City Charter


______________________________________________________________________
COMMENTARY: Earlier in this meeting, the City Council approved an ordinance
calling for a General-Special Municipal Election to be held on November 3, 2020, for the
purposes of electing a Mayor, Councilor District 3, Councilor District 4, and Councilor
District 5; further submitting certain proposed amendments to the City Charter to the
voters during said election.

A certain amendment (10) to the City Charter is also proposed to be submitted to the
voters during said election.

Proposition No. 10. Shall Section 38 of the City Charter be amended to provide for a
salary not to exceed $1,000 per month for the position of mayor, and not to exceed $600
per month for each Council member?

City Attorney City Clerk


______________________________________________________________________
ASSOCIATED INFORMATION:

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.C
Ordinance No. _________

Ordinance approving the submission of an additional proposed City


Charter amendment to the voters during the general-special election
of November 3, 2020; further, setting forth the additional proposed
amendment and prescribing the form of the proposition

WHEREAS, on June 16, 2020, the City Council approved an ordinance calling for
a General-Special Municipal Election to be held on November 3, 2020, for the purposes
of electing a Mayor, Councilor District 3, Councilor District 4, and Councilor District 5;
further submitting certain proposed amendments to the City Charter to the voters during
said election; and,

WHEREAS, the City Council desires to include an additional proposed amendment


to the City Charter to be submitted to the voters during said election; and,

WHEREAS, by this ordinance, the City Council also sets forth the proposed
additional Charter amendment, and prescribes the form of the proposition.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

SECTION 1. There hereinafter-described proposed amendment to the City


Charter of the City of Wichita Falls shall be included among those previously approved
amendments to be submitted to the voters during the General-Special Municipal Election
to be held on November 3, 2020:

Measure No. 10. That Section 38 of the City Charter shall be amended so that
such section shall read as follows:

“Sec. 38. - Mayor and councilor salaries.


The city council may, by ordinance, provide for the compensation of its members
to be paid in equal monthly installments. The salary of the mayor shall in no event exceed
the sum of one thousand dollars ($1,000.00) per month, and the salary of each council
member shall in no event exceed six hundred dollars ($600.00) per month.

The mayor or any council member absent from a regular or regularly called
meeting of the city council, except on account of his own illness, or illness in his immediate
family, or absence from the city where excused by the city council prior to such absence,
shall forfeit two percent (2%) of his entire annual compensation for each such absence.”

SECTION 2. The proposed measure to amend the Charter of the City of Wichita
Falls as proposed in Section 1 of this ordinance shall be submitted to the qualified voters
at this general-special election on November 3, 2020, on the ballot and in the form of the
following proposition. The number of the proposition shall correspond to the number of
the measure, and the words “yes” and “no” shall be printed to the left of the proposition
on the ballot.
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.C
Proposition No. 10. Shall Section 38 of the City Charter be amended to provide
for a salary not to exceed $1,000 per month for the position of mayor, and not to exceed
$600 per month for each Council member?

PASSED AND APPROVED this the 16th day of June, 2020.

_________________________________
MAYOR

ATTEST:

____________________
City Clerk

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

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance authorizing the City Manager to approve a request from
the House of Empowerment to vacate and abandon a public right of
way and public utility easement consisting of approximately 3,360
square feet (168’ x 20’) adjacent to Lots 1-6, Block 32, Barwise and
Jalonick Addition running east and west along 511 Mississippi
Avenue.

INITIATING DEPT: Property Management


______________________________________________________________________
STRATEGIC GOAL: Accelerate Economic Growth

STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods


______________________________________________________________________
COMMENTARY: The House of Empowerment at 511 Mississippi Avenue has
requested the City (1) abandon an undeveloped public right-of-way and (2) the vacating
of a public utility easement located between their building and their parking lot as indicated
and depicted per the attached Exhibit A and Property Location Map. This right-of-way
was originally a “paper street” (never developed) which was closed by the City in 1951,
but retained the right-of-way and public utility easement. This request is to facilitate the
construction by the church of a 5’ x 36’ ADA-compliant ramp and new awning cover
between the building and the parking lot. Upon review, it has been determined there are
no utilities.

Notices were sent to all utility companies and affected City departments and all have
responded with no objection to the requested action.

The staff recommends approval of the ordinance.

Asst. City Manager Property Administrator


______________________________________________________________________
ASSOCIATED INFORMATION: Ordinance, Exhibit A, Property Location Map

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 6.D
EXHIBIT A

PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 6.D
PROPERTY LOCATION MAP

511

PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 6.D
Ordinance No. _________

Ordinance authorizing the City Manager to approve a request from the


House of Empowerment to vacate and abandon a public right of way
and public utility easement consisting of approximately 3,360 square
feet (168’ x 20’) adjacent to Lots 1-6, Block 32, Barwise and Jalonick
Addition running east and west along 511 Mississippi Avenue

WHEREAS, the House of Empowerment of 511 Mississippi Avenue has requested


the closure, abandonment, and vacation of the right of way and public utility easement
consisting of approximately 3,360 square feet located adjacent to the property at Lots 1-
6, Block 32, Barwise and Jalonick; and,

WHEREAS, all affected utility companies and City departments have reviewed this
request and have recommended approval to close, abandon, and vacate said right of way
and public utility easement; and,

WEREAS, it has been determined to be in the best public interest to close,


abandon, and vacate said right of way and public utility easements.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

The City Council has determined that the closure request of approximately 3,360
square feet of right of way and easement located adjacent to the property with the legal
description Lots 106, Block 32, Barwise and Jalonick as described and depicted in the
following attached Exhibit A and Property Location Map is in the best interest of the
public.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 6.D
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for
The Women, Infants, and Children (WIC) Grant Program in the
amount of $9,907 received from the Health and Human Services
Commission and authorizing the City Manager to execute contract
accepting same.

INITIATING DEPT: Health


______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice Effective Governance


______________________________________________________________________
COMMENTARY: The federally funded WIC program has, in response to the COVID-19
pandemic, provided the Health District with an increased guaranteed participation rate
until the end of the fiscal year, providing an additional $5,744 in funding. Also, an
additional $4,163 in funding is available to help offset cost associated to the COVID-19
response. This funding will cover the cost of a tent currently located in the Health District
Parking lot as well as offset additional cost incurred by the Health District to maintain
services for participants.

Staff recommends approval of the ordinance.

Director of Health
______________________________________________________________________
ASSOCIATED INFORMATION: Ordinance

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 6.E
Ordinance No. _________

Ordinance making an appropriation to the Special Revenue Fund for


The Women, Infants, and Children (WIC) Grant Program in the amount
of $9,907 received from the Health and Human Services Commission
and authorizing the City Manager to execute contract accepting same

WHEREAS, the Health and Human Services Commission has identified additional
funding for our local WIC agency; and,

WHEREAS, the approval of these funds could not have been anticipated prior to
the adoption of the 2019 –2020 budget.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

There is hereby appropriated in the Special Revenue Fund $9,907 for the
Women, Infants, and Children (WIC) Program.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 6.E
______________________________________________________________________

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Conduct a public hearing and take action on a resolution approving
a Substantial Amendment to the City of Wichita Falls PY 2019
Community Development Block Grant (CDBG) Action Plan to re-
allocate $120,400 to the Lynwood East Community Center and to
receive and administer $733,264 through the Coronavirus Aid,
Relief, and Economic Security (CARES) Act.
INITIATING DEPT: Development Services/Neighborhood Resources
______________________________________________________________________
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods
______________________________________________________________________
COMMENTARY:

Timeline:
· April 2, 2020 – City notified of a special allocation of CARES Act funding through the
Department of Housing and Urban Development (HUD)
· June 3, 2020 – Notice of public hearing/issue via City Clerk and Press Release to the
general public
· June 8, 2020 – Public hearing (virtual) held online
· June 9, 2020 – City Council Subcommittee on Outside Agencies meeting to hear
presentations from applicants and finalize recommendations for PY 2019 Annual
Action Plan Amendment funding
· June 16, 2020 – City Council consideration of PY 2019 Annual Action Plan Amendment

Background:
On April 2, 2020, the City of Wichita Falls was notified of a special allocation of funding
from the Department of Housing and Urban Development (HUD) through the Community
Development Block Grant (CDBG) program for activities related to the COVID-19 crisis.
This allocation was authorized by the CARES Act, Public Law 116-136, and it includes
$733,264 for the City of Wichita Falls under the Community Development Block Grant –
Coronavirus (CDBG-CV) program. This funding was granted in addition to the annual
funding the City previously received for CDBG programs and grant operations for the
2019-2020 annual funding cycle.

The proposed activities to be funded are $648,000.00 in Public Service and Facilities
Activities, and $85,000.00 in Grant Administration.

Any additional CDBG funding that may be made available to the City of Wichita Falls by
HUD through the CARES Act is unknown as this time, but will be used for the same
purpose as the initial allocations to prevent the spread of COVID-19 and facilitate

PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 7.A
assistance to eligible communities, households, and persons economically impacted by
COVID-19.

Resolution Details:

CDBG-CV Funds

In order to finalize the CDBG-CV funding award, HUD requires awardees to amend their
Annual Action Plan to designate funding amounts and awards for final submission to
HUD. After final approval of the Action Plan Amendment by then City Council and HUD,
the City will then be eligible to access the funds to award funding to the designated
agencies/areas outlined in the Action Plan Amendment.

As with past CDBG annual funding allocations, staff met with the CDBG City Council
Subcommittee on Outside Agencies to receive presentations from applicants for their
proposed use requested funds and finalize funding recommendations for Council
consideration/approval.

Lynwood East Community Center

Due to funding re-allocation and remaining project funds in the current 2019 CDBG
funding year, the Subcommittee also recommended an annual plan amendment to re-
allocate $120,400 in current year CDBG funds to the East Lynwood East Community
Center project. The re-allocation of these funds will allow for the full funding of the center
in this budget year.

Resolution Funding Allocations

The proposed Resolution outlines the following funding allocations for City Council
consideration:

1. Re-allocation of $120,400.00 in CDBG funds that were previously designated in


the 2019 CDBG funding year for: 1) Parks Improvements ($11,343.00); 2) Code
Enforcement Administration ($20,000.00); 3) Code Enforcement Demolition
($16,473.00); 4) Minor Repair Program ($35,000.00); 5) The Arc of Wichita County
($37,584.00).

These re-allocated funds will be used to fund the full Lynwood East Community
Center project.

2. Allocation of $733,264 in CDBG-CV funding to the following agencies to be used


to prevent, prepare for, and respond to COVID-19:

PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 7.A
CDBG-CV:
Catholic Charities (Strategic Financial Assistance Program -
$306,000
Rent/Utilities/Transportation)
Salvation Army (Strategic Financial Assistance Program) $173,000
Wichita Falls Area Food Bank (Food Purchase Program) $75,000

Senior Citizens of North Texas (Meals on Wheels) $50,000


First Step (Disinfecting and Sanitation Services and Supplies) $43,000
Child Care Inc. (ADA Improvements) $1,000
Grant Administration / Operational & Administrative Costs for
$85,264
the CDBG-CV Program
TOTAL: $733,264

Staff Recommendation

Staff recommends the City Council (1) conduct the public hearing to provide citizens the
opportunity to comment on the substantial amendment and (2) approve the resolution
approving a substantial amendment to the PY 2019 CDBG Annual Action.

Assistant City Manager Director of Development Services


______________________________________________________________________
ASSOCIATED INFORMATION:
Budget Office Review:
City Attorney Review:
City Manager Approval
______________________________________________________________________

PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 7.A
Resolution No. ____________

Resolution approving a Substantial Amendment to the City of


Wichita Falls PY 2019 Community Development Block Grant (CDBG)
Action Plan to re-allocate $120,400 to the Lynwood East Community
Center and to receive and administer $733,264 through the
Coronavirus Aid, Relief, and Economic Security (CARES) Act

WHEREAS, the City of Wichita Falls acting in its capacity as a HUD Grantee
administers federally-funded programs to the benefit of the community; and,

WHEREAS, the City Council has held a public hearing to receive citizen input and
the City Manager and staff have recommended this change to the PY 2019 Annual Action
Plan; and,

WHEREAS, the City Council Subcommittee on Outside Agencies has met with and
considered requests from local non-profit organizations and City departments who have
applied for funding; and,

WHEREAS, during the Public Hearing, the full City Council reviewed the
recommended substantial amendment, proposed application, and use of funds as
outlined in Attachment 1, concurred that this application for funding is in the interest of
the community, approved the project in the PY 2019 Annual Action Plan, and determined
that no matching funds are expected to be required by the City of Wichita Falls.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

The City Council approves a Substantial Amendment to the PY 2019 Annual


Action Plan of the 2015-2019 Consolidated Plan of the City of Wichita Falls
to re-allocate $120,400 to the Lynwood East Community Center project;
and, receive and administer $733,264 through the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act) in a special allocation from the US
Department of Housing and Urban Development.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 7.A
Attachment 1

CDBG-CV Funding Recommendations 2019-2020


City Council Subcommittee on Outside Agencies
§ CDBG-CV Grant: $733,264 § Prior-Year Funds to Reallocate: $0

CDBG-CV: Outside Agencies (Public Services)


Catholic Charities (Strategic Financial Assistance Program -
306,000
Rent/Utilities/Transportation)
Salvation Army (Strategic Financial Assistance Program - Rent/Utilities/Shelter
173,000
Services)
Wichita Falls Area Food Bank (Food Purchase Program) 75,000
Senior Citizens Services of North Texas (Meals on Wheels Program) 50,000
First Step (Disinfecting and Sanitation Services and Supplies) 43,000

TOTAL CDBG Funds: Outside Agencies (Public Services) $647,000

CDBG-CV: Outside Agencies (Rehabilitation)


Child Care, Inc. (ADA Improvements at Zale Center) 1,000

TOTAL CDBG Funds: Outside Agencies (Rehabilitation) $1,000

CDBG-CV: Administration
Grant Administration / Operational & Administrative Costs to Administer the
$85,264
CDBG-CV Program

TOTAL CDBG Funds: City Departments $85,264

GRAND TOTAL CDBG Funds Requested $733,264

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

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution authorizing The City Manager to execute a contract with
Cross R’s Company LLC in the amount of $209,394.80 for the
construction of the Lynwood Community Center.

INITIATING DEPT: Building Maintenance


______________________________________________________________________
STRATEGIC GOAL: Provide Adequate Infrastructure

STRATEGIC OBJECTIVE: Complete Signature Public Improvements


______________________________________________________________________
COMMENTARY: In 2018 CDBG program year the City was allocated funds for the
removal of the existing and the construction of a new Lynwood Community Center. The
funds were granted for the-then estimated budget of the project. Staff encountered
significantly higher demolition cost because of the asbestos abatement; however, the
project to remove the now-former facility continued and has since been demolished.

In December 2019, the city requested bids for the construction of the new facility. Bids
were opened on January 21, 2020, to which only one bid was received from Cross R’s
Company. Staff met with Cross R’s in March and again in May to discuss alternatives
and total project price. The bid was written to allow for flexibility in construction to assist
in managing costs. Regardless, remaining CDBG funds were not sufficient to cover the
costs of the new facility’s construction, necessitating the amendment of the current year’s
CDBG Plan (earlier in this agenda) to provide an additional $120,400 in project funds.

The proposed new Lynwood Community Center will be an 1,800 square foot building with
an occupant load of 120. It will have a kitchen area, restrooms, and an open floor plan.
The City will manage this facility through the Parks and Recreation Division, similar to the
Kemp-Sunnyside Center in Jalonick Park. The center can be used for events such as
meetings, parties, weddings, family reunions, and special events.

If the City Council approves the 2019 CDBG Plan amendment earlier in this agenda, staff
then recommends the City Council approve this resolution authorizing the City Manager
to execute a contract with Cross R’s Company, LLC in the amount of $209,394.80 for the
construction of the Lynwood Community Center.

Assistant City Manager


______________________________________________________________________
ASSOCIATED INFORMATION: Resolution

Budget Office Review

PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.B
City Attorney Review

City Manager Approval

PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.B
Resolution No. _________

Resolution authorizing the City Manager to execute a contract with


Cross R’s Company LLC in the amount of $209,394.80 for the
construction of the Lynwood Community Center

WHEREAS, the 2019-20 CDBG Budget included $209,394.80 for the construction
of a new Lynwood Community Center; and,

WHEREAS, competitive bids for construction were received on January 21, 2020;
and,

WHEREAS, Cross R’s Company, LLC was the most responsible bidder.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

The City Manager is authorized to execute a contract with Cross R’s Company
LLC in the amount of $209,394.80 for the construction of the Lynwood community
Center.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

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

CITY COUNCIL AGENDA


June 16, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution re-appointing Darron Leiker and Holly Lane to the Wichita
County-City of Wichita Falls Hospital Board.

INITIATING DEPT: City Clerk


______________________________________________________________________
STRATEGIC GOAL: N/A

STRATEGIC OBJECTIVE: N/A


______________________________________________________________________
COMMENTARY: Darron Leiker has served on the Wichita County-City of Wichita Falls
Hospital Board since 2010 and Holly Lane has served since 2014. Both are eligible for
and desire re-appointment. There are no additional current applications for this board.

City Clerk
______________________________________________________________________
ASSOCIATED INFORMATION: Resolution , Letter from United Regional, and Current
Board Roster.

Budget Office Review

City Attorney Review

City Manager Approval


______________________________________________________________________

PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 7.C
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 7.C
WC CWF HOSPITAL BOARD

PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT


1 Troy Farris 06/18/2019 07/31/2021 CWF 2

2 Darron Leiker 06/21/2018 07/01/2020 CWF 4

3 Holly Allsup Lane 06/19/2018 07/01/2020 CWF 3

4 Don Hamlin 06/18/2018 07/01/2020 Wichita County

5 Rita Vokes 07/01/2017 07/01/2019 Wichita County


06/17/2019 07/01/2021

6 Woody Gossom 07/01/2017 07/01/2019 Wichita County


06/17/2019 07/01/2021

7 Tim Cornelius 06/18/2018 07/01/2020 Wichita County

PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 7.C
Resolution No. _________

Resolution of the City Council of the City of Wichita Falls, Texas,


appointing/reappointing directors to the Wichita County/City of
Wichita Falls, Texas, Hospital Board; and designating term of office

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY


OF WICHITA FALLS, TEXAS, THAT:

Darron Leiker is hereby reappointed for a two-year term to Place 2, and Holly Lane
is hereby reappointed for a two-year term to Place 3, on the Wichita County/City of Wichita
Falls Hospital Board with terms to expire July 1, 2022.

PASSED AND APPROVED this the 16th day of June, 2020.

______________________________
MAYOR

ATTEST:

____________________
City Clerk

PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 7.C

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