Darron Leiker, City Manager Kinley Hegglund, City Attorney Tracy Norr, City Clerk

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1 City of Wichita Falls City Council Agenda Glenn Barham, Mayor Michael Smith, At Large Stephen Santellana, District 1 DeAndra Chenault, District 2 Brian Hooker, District 3 Tim Ingle, District 4 Tom Quintero, District 5 Darron Leiker, City Manager Kinley Hegglund, City Attorney Tracy Norr, 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, May 17, 2016 Beginning At 8:30 A.M. Item # 1. Call to Order 2. (a) Invocation: Captain Korey Kennedy, Chaplain Sheppard AFB (b) Pledge of Allegiance 3. Presentations (a) Proclamation Hope Sunday, American Cancer Society (b) Proclamation Relay for Life, American Cancer Society 4. Comments from the public to members of the city council concerning items that are not on the city council agenda. People wishing to address the council should sign up prior to the meeting commencing. A five minute time frame will be adhered to for those addressing their concerns. CONSENT AGENDA 5. Approval of minutes of the May 3, 2016 Regular Meeting of the Mayor and City Council. 6. Receive Minutes (a) MPO Technical Advisory Committee, January 14, 2016 (b) MPO Transportation Policy Committee, January 27, 2016 (c) Library Advisory Board, March 15, 2016 (d) Landmark Commission, March 22, 2016 (e) 4A Wichita Falls Economic Development, March 22, 2016 (f) 4B Sales Tax Corporation, March 28, 2016

2 (g) Traffic Safety Commission, April 6, 2016 (h) Lake Wichita Revitalization Committee, April 12, 2016 REGULAR AGENDA 7. Ordinance approving a negotiated settlement between the Atmos Cities Steering Committee ( ACSC ) and Atmos Energy Corp., Mid-Tex Division regarding the Company s 2016 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the company to reimburse ACSC s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the Company and the ACSC s legal counsel. 8. Resolutions (a) Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $250,000 for assistance with the cost of a fire suppression system at 728 Indiana which is required for a residential development project; and funding up to $65,000 for assistance with the cost of a fire suppression system at 922 Indiana which is required for a grocery store and soda fountain development project (b) (c) (d) (e) (f) Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $8,400 for the purchase of (6) Semi-Automatic Defibrillators. This is a 100% grant funded project, and will complete the allocation of the new generation AED s on all pieces of fire apparatus Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $65,000 for the purchase of one prime mover vehicle (truck). This is a 100% grant funded project Resolution authorizing the City Manager to apply for the FY 2016 Tobacco Enforcement Program in the amount of $12, Resolution authorizing a second eighteen-month extension of the ad hoc Lake Wichita Revitalization Committee terminating November 17, 2017 Resolution authorizing the City Manager to execute an amendment to the Engineering Services Agreement with Freese and Nichols, Inc. for CITY COUNCIL AGENDA PAGE 2 OF 4

3 Preparation of a Water Rights Application for the proposed Lake Ringgold in an amount not to exceed $360, (g) (h) (i) Resolution to approve Change Order #1 for the 2016 Asphalt Street Rehabilitation Project in the amount of $110, Resolution awarding Bid and Contract for the 2016 CDBG Waterline Replacement Project to Bobby Bounds Excavation, Inc. in the amount of $90,857 Resolution awarding bid in the amount of $153,966 to DoubleMap for technological communication services for the Public Transportation fleet 9. Veteran s Advisory Council Update Larry Petrash 10. Other Council Matters (a) Staff Reports (b) Items of concern to members of the City Council 11. Executive Sessions (a) Executive Session in accordance with Texas Government Code , consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. (b) Executive Session in accordance with Texas Government Code , to discuss or deliberate the offer of a financial or other incentive, including modification to an existing agreement, for a business prospect that the City of Wichita Falls seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the Wichita Falls City Council is conducting economic development negotiations for creation and retention of primary jobs (as defined by Tex. Local Gov t. Code ). 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7 th Street at the main building entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the CITY COUNCIL AGENDA PAGE 3 OF 4

4 City Clerk s Office at Wireless Listening System devices are available at the City Manager's reception area or you may call for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under Executive Sessions of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections , , , , , , and/or CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of, 2016 at o clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4

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35 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Ordinance approving a negotiated settlement between the Atmos Cities Steering Committee ( ACSC ) and Atmos Energy Corp., Mid- Tex Division regarding the Company s 2016 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the company to reimburse ACSC s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the Company and the ACSC s legal counsel. INITIATING DEPT: Legal COMMENTARY: The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division ( Atmos Mid-Tex or Company ), is a member of the Atmos Cities Steering Committee ( ACSC ). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program ( GRIP ), the statutory provision that allows Atmos to bypass the City s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016, Atmos made a filing requesting $35.4 million additional revenues on a systemwide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $28.6 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission s exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would have received a $41 million increase, or about $11 million more than will be approved by this Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company s request by $5.5 million, such that the Ordinance approving new rates reflects an increase of $29.9 million on a systemwide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company s revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, The monthly residential customer charge will be $ The consumption charge will be $ per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Page 1 of 17 Pages Agenda Item No. 7.

36 The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. City Attorney ASSOCIATED INFORMATION: Ordinance Budget Office Review City Attorney Review City Manager Approval Page 2 of 17 Pages Agenda Item No. 7.

37 Ordinance No. Ordinance approving a negotiated settlement between the Atmos Cities Steering Committee ( ACSC ) and Atmos Energy Corp., Mid-Tex Division regarding the Company s 2016 Rate Review Mechanism Filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the Company and the ACSC s legal counsel WHEREAS, the City of Wichita Falls, Texas, ( City ) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ( Atmos Mid-Tex or Company ), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and, WHEREAS, City is a member of the Atmos Cities Steering Committee ( ACSC ), a coalition of similarly-situated cities served by Atmos Mid-Tex ( ACSC Cities ) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and, WHEREAS, ACSC and Company worked collaboratively to develop a new Rate Review Mechanism ( RRM ) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ( GRIP ) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and, WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with ACSC Cities; and, Page 3 of 17 Pages Agenda Item No. 7.

38 WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 RRM filing through its Executive Committee, assisted by ACSC s attorneys and consultants, to resolve issues identified in the Company s RRM filing; and, WHEREAS, the Executive Committee, as well as ACSC s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $29.9 million on a system-wide basis; and, WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by Company, and are just, reasonable, and in the public interest; and, WHEREAS, the RRM Tariff contemplates reimbursement of ACSC s reasonable expenses associated with RRM applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The findings set forth in this Ordinance are hereby in all things approved. 2. The City Council finds that the settled amount of an increase in revenues of $29.9 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex s 2016 RRM filing is in the public interest, and is consistent with the City s authority under Section of the Texas Utilities Code. 3. The existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover Page 4 of 17 Pages Agenda Item No. 7.

39 annually an additional $29.9 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. 4. The ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-Tex s next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. 5. Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company s 2016 RRM filing. 6. To the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. 7. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. 9. Consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, Page 5 of 17 Pages Agenda Item No. 7.

40 General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas PASSED AND APPROVED this 17 th day of May, ATTEST: M A Y O R City Clerk Approved as to Form: City Attorney Page 6 of 17 Pages Agenda Item No. 7.

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52 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $250,000 for assistance with the cost of a fire suppression system at 728 Indiana which is required for a residential development project; and funding up to $65,000 for assistance with the cost of a fire suppression system at 922 Indiana which is required for a grocery store and soda fountain development project. INITIATING DEPT: City Manager s Office COMMENTARY: TEXAS LOCAL GOVERNMENT CODE (a) provides The corporation s authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation. At its April 25, 2016 meeting, the 4B Sales Tax Corporation Board of Directors approved the following projects: Fire Suppression System Assistance for 728 Indiana: The owners of property at 728 Indiana have plans to redevelop the building into 28 to 31 residential units. However, due to a change in the occupancy code to residential, the building will need to be retrofitted with a fire suppression system. Initial estimates from contractors show that it will cost approximately $500,000 for the fire suppression system, fire alarm, and fire escape improvements, which would make the development unaffordable to the owners. Because one of the City s strategies for downtown revitalization is to increase the number of people living in the downtown area, the 4B Board is recommending a maximum funding of $250,000 for this project. The total project cost is currently estimated at $2.6 million. Fire Suppression System Assistance for 922 Indiana: Similarly, the owners of property at 922 have plans to redevelop the building into a small grocery store and soda fountain. However, due to a change in occupancy code to assembly, the building will need to be retrofitted with a fire suppression system. Initial estimates from contactors show that it will cost approximately $113,471 for the fire suppression system, which would make it financially difficult for the owners to move forward with the renovation project. Since there isn t a grocery store serving the downtown area and it is needed to help support residential living in the downtown, the 4B Board is recommending a maximum funding of $65,000 for this project. The total project cost is estimated at $261,000. Both of these projects will require a performance agreement in a form to be approved by the City Attorney that provides that the funds be used solely for fire suppression PAGE 1 OF 18 PAGES AGENDA ITEM NO. 8.A

53 equipment and related installation costs; funds would be no more than 10% of the total project or the amounts awarded, whichever is the smaller amount; and funds would be paid out only after the project is substantially complete and a certificate of occupancy is issued. The agreement would also secure the City s interests in the deals that would place a lien on the building in the amount of the loan which would be released after the LLC s have operated the buildings as intended for a period of 5 years such that 20% of the loan is forgiven at the end of each year of successful operation. Staff recommends approval of the WFEDC programs and expenditures as detailed above. Deputy City Manager ASSOCIATED INFORMATION: Project Narratives, Financial Report, Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 2 OF 18 PAGES AGENDA ITEM NO. 8.A

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63 Executive Summary: Legacy 922, LLC Pop s General Store Pop s General Store will provide the much needed convenient food store often requested by the growing population of downtown residents and will fill a gap by providing food to the downtown business community and the Eastside community. Using a nostalgic theme, the store will be furnished with vintage shelving and furnishings and will provide a spot for tourists to visit. An old time ice cream and soda shop will be featured. The store will be housed on the first floor of 922 Indiana in a thriving area of downtown. Industry market statistics project consistent growth for Convenience Store sales and Pop s will take the concept one step further by providing a nostalgic ice cream and soda fountain area. Pop s will be managed by Toni Janzen, who is highly certified and experienced. Conservative projections show gross revenue of over $582 thousand the first year with an average 40% gross profit. Description: Pop s General Store will be a general grocery store occupying the first floor of the 922 Indiana. The store will have a vintage concept and will sell grocery items, non food items, alcohol, tobacco products, and will feature an ice cream and soda shop area. Market Research: IBIS World shows a 2.1% anticipated annual growth for the Convenience Store industry through 2020 to $38.4 billion nationwide. According to IBISWorld, the Convenience Store industry has continued to grow and maintain profitability by offering convenience, value and a greater variety of fresh and healthful products. The small size and accessibility of convenience stores enable operators to adapt to changing environments and consumer preferences, making them more resilient than supermarkets and other food retailers. Consequently, industry operators have increasingly shifted product mixes to include food service products that are more profitable than items like cigarettes and focused on satisfying demand for quick and easy meal options. Convenience stores have grown in popularity over the past five years, as more Americans have returned to work and, in turn, decreased their leisure time. In response to growing demand for convenience and timesaving options, industry operators have opened additional stores, expanded into new markets and readily adapted to changing consumer tastes to increase sales. Downtown Proud has reported a 98% occupancy rate for downtown living quarters and current residents have expressed a demand for a grocery store located downtown. This store will meet this need. ESRI Retail Market Place Profile shows a 100% leakage or need for Specialty Food Stores and General Merchandise Stores for the half mile radius using 8 th St. and Scott Street as the center point. After the closing of Bluebonnet grocery, Eastside residents have no grocery store in their area. Residents are forced to travel greater distances for food and many do not have their own transportation. The Wichita Falls Food Bank has designated this area of town as a food desert. Competition: Convenience store competition includes two Stripes stores on Broad and Holliday Streets. Pop s General Store will target the downtown area residential and tourist populations while Stripes targets travelers passing through Wichita Falls. Product pricing at Pop s will be similar but the inventory and variety of PAGE 12 OF 18 PAGES AGENDA ITEM NO. 8.A

64 products will be unique with a focus on locally produced and natural products. None of the competitors offer an ice cream and soda shop. Market Niche: Pop s strength will be the convenient location to the downtown area. Downtown residents will be in walking distance to purchase a gallon of milk, a loaf of bread, or a bottle of wine. The downtown business population will have convenient access to a pre packaged light lunch or treat. The downtown tourists will enjoy visiting the vintage family environment while ordering an old time milkshake or soda. The unique aspect of Pop s will be its general store type look and atmosphere. No other area food store offers this. Pop s will also be incorporating vintage products such as old fashioned candies and baked goods. Target Market: The demographics of the residents of the downtown area include a large population of young, professional adults. This is seen as a nationwide trend. According to Forbes (Mar 25, 2013), there s one place this desired demographic, college educated professional, between the ages of 25 and 34, tends to want to live: tight knit urban neighborhoods that are close to work and have lots of entertainment and shopping options within an easy walk. In fact this demographics population grew 26% from 2000 to 2010 in major cities downtowns, or twice as fast as it did in those cities overall metro areas, according to a CEOs for Cities report based on U.S. Census data. That is one of the reasons city planners have been plowing money and resources into revitalizing their core business districts. This age group will be a target market for Pop s as they continue to move to the downtown area. The business community will be a second target market and the surrounding population will be a third target market. Marketing Plan: Pop s General Store will offer the following products: Food Sales will include dairy, lunch meats, baked goods, produce, frozen goods, snacks, candies, and beverages. Non food items for sale include paper goods, health and beauty items, cleaning supplies, stationery items and souvenirs. Natural and eco friendly products will be featured. Alcohol items include wine and beer. Tobacco sales include cigarettes, smokeless tobacco, and specialty items. The ice cream and soda shop area will sell traditional ice cream items, milkshakes, and soda mixtures with a seating area for patrons. Social media will be used extensively in marketing the store. Pop s will also be marketed with the use of traditional targeted mailers, flyers, and coupons. Pop s will have a soft opening with a large grand opening once processes are firmly established. Pop s will work closely with Downtown Proud, The Chamber, local suppliers, and other local businesses to grow and support the downtown business environment. Use of local vendors will be emphasized. PAGE 13 OF 18 PAGES AGENDA ITEM NO. 8.A

65 Location: Pop s will occupy the 5000 square feet on the first floor of 922 Indiana. The location is within walking distance from most residential living facilities and business buildings in the downtown area. It is across the street from the Wichita Theatre and is part of the downtown walk the block area with several active businesses on the same block. The products will be displayed with vintage shelving and concepts to give an old general store nostalgic appearance. State of the art registers will be installed. Management Plan: Pop s will be majority owned by Legacy 922, L.L.C. with several other investors. Toni Janzen has agreed to manage the business. She has over twenty years experience managing convenience and retail stores. She has received numerous sales awards including individual store sales that hit the top 10% of all 600 Stripes convenience store sales. She has supervised employees and managed the financials for the company stores she operated. She has developed relationships with vendors and employees and can be trusted to run the store. Toni has her TABC certification, ServSafe certification, and lifetime food handlers permit. She has verbal agreements with several former trustworthy employees to work for the business. She will not only manage the employees but the inventory purchasing, quantity, and quality controls. She will also manage the budgeting and financial operations. Pop s will be open Monday through Sunday from 6:00 a.m. to 8:00 p.m. but will be sensitive to customer requests and demands for special group services. On Fridays and Saturdays Pop s will consider later hours. Financial Information: The estimated sales revenue for the first year is conservatively estimated at $582,000. Gross profit will average 40% on most sales. Revenue categories include Food Sales, Non Food Items, Alcohol Sales, Tobacco Sales, and Ice Cream and Soda Shop sales. The largest expense for the business will be labor with the business creating 6 8 jobs for the community. See the attached sheets for three years of Revenue and Profit & Loss Projections. The location has already been purchased and the owners are investing in improvements to the building including a fire suppression system, hardwood floor refinishing, ceiling tile restoration, and cosmetic upgrades. Other start up costs will include shelving, appliances, refrigerators, freezers, furnishings, startup inventory and marketing. Pop s is seeking assistance from the 4B Board for the fire suppression system. PAGE 14 OF 18 PAGES AGENDA ITEM NO. 8.A

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69 Resolution No. Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $250,000 for assistance with the cost of a fire suppression system at 728 Indiana which is required for a residential development project; and funding up to $65,000 for assistance with the cost of a fire suppression system at 922 Indiana which is required for a grocery store and soda fountain development project WHEREAS, Texas Local Gov t. Code (a) provides The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation; and, WHEREAS, on April 25, 2016, the Wichita Falls 4B Sales Tax Corporation (4BSTC) approved the projects listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls 4B Sales Tax Corporation s approval and funding of the following programs and expenditures, in a total amount not to exceed $315,000 as described below and in said corporation s agenda, is approved: Fire Suppression System Assistance for 728 Indiana in the amount of $250,000; and Fire Suppression System Assistance for 922 Indiana in the amount of $65, The current fiscal year budget of the 4B Sales Tax Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 17 th day of May, ATTEST: City Clerk M A Y O R PAGE 18 OF 18 PAGES AGENDA ITEM NO. 8.A

70 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $8,400 for the purchase of (6) Semi-Automatic Defibrillators. This is a 100% grant funded project, and will complete the allocation of the new generation AED s on all pieces of fire apparatus. INITIATING DEPT: Fire COMMENTARY: The City Emergency Preparedness Office would like to make application to the State Homeland Security Grant Program through the Office of the Governor for an Automated External Defibrillator Project (AEDs). This project is to purchase six (6) AEDs to have available for the Wichita Falls Fire Department. This purchase will complete a project to outfit all units with AEDs that could respond to any incident or event within the City and/or surrounding response areas. The applied amount for this grant will be $8, Fire Chief ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.B

71 Resolution No. Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $8,400 for the purchase of (6) Semi-Automatic Defibrillators. This is a 100% grant funded project, and will complete the allocation of the new generation AED s on all pieces of fire apparatus WHEREAS, The City Council finds it in the best interest of the citizens of Wichita Falls that the AED Project be applied for and operated in the FY2016 Homeland Security Grant Program; and, WHEREAS, The City Council agrees to provide applicable matching funds for the said project as required by the State Homeland Security Grant Funding application; and, WHEREAS, The City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, The City Council designates Jim Dockery, Deputy City Manager/CFO as the grantee s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Council approves submission of the grant application for the AED PROJECT to the Office of the Governor. Grant Number PASSED AND APPROVED this the 17th day of May, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.B

72 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $65,000 for the purchase of one prime mover vehicle (truck). This is a 100% grant funded project. INITIATING DEPT: Fire COMMENTARY: The City Emergency Preparedness Office would like to make application to the State Homeland Security Grant Program through the Office of the Governor for a Prime Mover Project. This grant funded project will fill a gap for the need of a truck (Prime Mover) to tow numerous response trailers in the NORTEX Region. With over 20 trailers in the region, with 12 here in Wichita Falls, it is imperative to have a dedicated truck to be able to tow trailers in response to disasters and emergencies. Several of the trailers are gooseneck, so finding a suitable truck to tow these has been a challenge. This project will ensure that a truck will always be available to respond with one of the numerous response trailers in the NORTEX Region. The grant amount applied for this project is $65, Fire Chief ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.C

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74 Resolution No. Resolution authorizing the Fire Chief to apply for grant funds from the State Homeland Security Program in the amount of $65,000 for the purchase of one prime mover vehicle (truck). This is a 100% grant funded project WHEREAS, The City Council finds it in the best interest of the citizens of Wichita Falls that the Prime Mover Project be applied for and operated in the FY2016 Homeland Security Grant Program; and, WHEREAS, The City Council agrees to provide applicable matching funds for the said project as required by the State Homeland Security Grant Funding application; and, WHEREAS, The City Council agrees that in the event of loss or misuse of the Office of the Governor funds, the City Council assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, The City Council designates Jim Dockery, Deputy City Manager/CFO as the grantee s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Council approves submission of the grant application for the PRIME MOVER PROJECT to the Office of the Governor. Grant Number PASSED AND APPROVED this the 17th day of May, ATTEST: M A Y O R City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.C

75 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution authorizing the City Manager to apply for the FY 2016 Tobacco Enforcement Program in the amount of $12, INITIATING DEPT: Police COMMENTARY: The City of Wichita Falls is eligible for FY 2016 funding from Texas State University. Texas State University, on behalf of the Texas Department of State Health Services, is funding the Tobacco Enforcement Program. The purpose of this funding is to enforce Subchapter H, Chapter 161 Texas Health and Safety Code Sale of cigarettes, E-cigarettes, or tobacco products to persons younger than 18 years of age prohibited; Proof of age required. The grant requires monthly reports to Texas State University on grant related activities. The Wichita Falls Police Department is eligible for $12, to enforce tobacco laws as they relate to minors. The grant will be operational from September 1, 2016 through August 31, Police Chief ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.D

76 Resolution No. Resolution authorizing the City Manager to apply for the FY 2016 Tobacco Enforcement Program in the amount of $12, WHEREAS, the City Of Wichita Falls has been notified that it is eligible for funding from the Texas State University for the Tobacco Enforcement Program; and, WHEREAS, the City will need to submit an application to obtain the available funds from the Texas State University for the Tobacco Enforcement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to apply for funding from the FY 2016 Tobacco Enforcement Program in the amount of $12, PASSED AND APPROVED this the 17th day of May, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.D

77 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution authorizing a second eighteen-month extension of the ad hoc Lake Wichita Revitalization Committee terminating November 17, 2017 INITIATING DEPT: Parks & Recreation COMMENTARY: May 10, 2016 is the final regular meeting of the Lake Wichita Revitalization Committee under the current eighteen-month extension. The action proposed will authorize a second eighteen-month extension to the LWRC terminating November 17, Director of Parks & Recreation ASSOCIATED INFORMATION: Resolution, Original Charge to LWRC Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 8.E

78 Resolution No. Resolution authorizing a second eighteen month extension of the ad hoc Lake Wichita Revitalization Committee terminating November 17, 2017 WHEREAS, the Lake Wichita Revitalization Committee provided planning, promotion, and fund raising support to the City for improvement to Lake Wichita; and, WHEREAS, a second extension of eighteen months will allow the LWRC to continue this support to the City for Lake Wichita improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Lake Wichita Revitalization Committee is hereby authorized a second extension of eighteen months terminating November 17, PASSED AND APPROVED this the 17 th day of May ATTEST: M A Y O R City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 8.E

79 Charge to the Lake Wichita Study Committee May 7, 2013 WHEREAS, the City Council determined on April 16, 2013 to establish a committee to study Lake Wichita; and WHEREAS, the Lake Wichita Study Committee will review the various issues related to Lake Wichita and make recommendations thereon to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Lake Wichita Study Committee ( Committee ) should be composed of 9 representatives, including the following persons, to be appointed by City Council: Member of City Council Chairman of the Park Board Member of the Park Board Representative of Lakeside City Five Citizens of the City of Wichita Falls The Committee will be assisted by at least the following staff members and assisting personnel: Representative of the City s Department of Public Works Representative of the City s Department of Parks and Recreation Representative of the City Attorney s Office Representative of the City s Property Management Division Representative of the Texas Parks and Wildlife Department Fisheries Division (ex officio) The Committee shall be charged to perform the following action plan within a period of 18 months: 1. Review previous documents on Lake Wichita history and planning. 2. Gather information on desired uses for Lake Wichita. a. Research local opinions and ideas outside Wichita Falls. b. Create a forum atmosphere by inviting a wide range of presenters both lay and professional to meetings. c. Evaluate using a prudent balance of innovation, positive economic impact, a wide range of activities, cost effectiveness, and maintenance/management capacity. 3. Present Lake Wichita improvement and management document to City Council. a. History of Committee s activity. PAGE 3 OF 4 PAGES AGENDA ITEM NO. 8.E

80 b. Development goals and recommendations for recreation and nonrecreation uses, with consideration being given to, but not limited to: i. water usage, ii. shoreline usage, iii. public safety, iv. maintenance, and v. commercial development. c. Recommended sources of funding. PASSED AND APPROVED this the 7th day of May, PAGE 4 OF 4 PAGES AGENDA ITEM NO. 8.E

81 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution authorizing the City Manager to execute an amendment to the Engineering Services Agreement with Freese and Nichols, Inc. for Preparation of a Water Rights Application for the proposed Lake Ringgold in an amount not to exceed $360, INITIATING DEPT: Public Works COMMENTARY: On March 17, 2015 the City entered into an agreement with Freese and Nichols Engineering (F&N) to prepare and submit a water rights application for the future reservoir of Ringgold to the TCEQ. This application was prepared, however upon submission to the TCEQ, it was discovered that the process and procedures for water rights applications had been modified by the TCEQ. In order for an application to be declared administratively complete several studies must be performed. These studies include: Habitat Assessment Stream Assessment Conceptual Mitigation Plan Updated Water Availability Modeling Accounting Plan Staff along with F&N and Brad Castleberry met with the TCEQ on March 24 to discuss the scope of these studies. F&N presented our proposed scope and the TCEQ gave us verbal approval. Completion of these studies along with the previous application work should be adequate documentation for a complete water rights permit application. Therefore, staff would recommend approval of this resolution. Public Works Director ASSOCIATED INFORMATION: Resolution, Contract Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO. 8.F

82 Resolution No. Authorizing the City Manager to execute an amendment to the Engineering Services Agreement with Freese and Nichols, Inc. for Preparation of a Water Rights Application for the proposed Lake Ringgold in an amount not to exceed $360, WHEREAS, the City has identified the development of Lake Ringgold as a longterm water supply strategy; and, WHEREAS, the City must apply for and secure a water right for the proposed reservoir through the Texas Commission on Environmental Quality; and, WHEREAS, the City finds that Freese & Nichols Inc. is a qualified firm to perform the engineering work required to complete an application for this water right; and, WHEREAS, the City entered into an agreement with Freese & Nichols Inc. to perform this work on March 17, 2015; and, WHEREAS, in order to satisfy TCEQ, additional studies must be performed prior to the application being declared administratively complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute an amendment to the engineering services agreement with Freese and Nichols, Inc. for preparation of a water rights application for the proposed Lake Ringgold. PASSED AND APPROVED this the 17 th day of May, ATTEST: M A Y O R City Clerk PAGE 2 OF 8 PAGES AGENDA ITEM NO. 8.F

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89 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution to approve Change Order #1 for the 2016 Asphalt Street Rehabilitation Project in the amount of $110, INITIATING DEPT: Public Works COMMENTARY: On February 16, 2016, bids were opened for the 2016 Asphalt Street Rehabilitation Project. This project is generally described as the rehabilitation of selected City streets to include base repair, Type D HMAC, milling, and associated work. Freeman Paving, LLC was awarded the project as the low bidder. After milling operations were performed on Brazos Street, the existing subgrade was discovered to be very deteriorated. Rather than continue with a pour subgrade, City staff and the contractor determined that the best alternative would be to cementstabilize the subgrade. This repair is needed to provide a solid foundation for the surface course of asphalt. City staff negotiated for the cement stabilized recycle-inplace of the existing subgrade to a depth of 8 inches. This is a procedure the City has used many times before and the cost per square yard is typical for projects we have done in the past. This change order will be an addition of $110, to the original contract. The funds are available in the budget to cover the additional costs. Staff recommends approval of Change Order #1 for the 2016 Asphalt Street Rehabilitation Project in the amount of $110,130.00, for the cement stabilized recyclein-place of the existing subgrade to a depth of 8 inches. Director, Public Works ASSOCIATED INFORMATION: Resolution, Change Order #1 Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.G

90 Resolution No. Resolution to approve Change Order #1 for the 2016 Asphalt Street Rehabilitation Project in the amount of $110, WHEREAS, the City of Wichita Falls has negotiated a price of $110, for the cement stabilized recycle-in-place of the existing subgrade to a depth of 8 inches as part of the 2016 Asphalt Street Rehabilitation Project; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute Change Order #1 for the 2016 Asphalt Street Rehabilitation Project in the amount of $110, PASSED AND APPROVED this the 17 th day of May, ATTEST: M A Y O R City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.G

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92 CITY COUNCIL AGENDA May 17, 2016 ITEM/SUBJECT: Resolution awarding Bid and Contract for the 2016 CDBG Waterline Replacement Project to Bobby Bounds Excavation, Inc. in the amount of $90,857 INITIATING DEPT: Public Works / Engineering COMMENTARY: On May 3, 2016, bids were opened for the 2016 CDBG Waterline Replacement Project. This project will install new 8-inch waterlines and new services which will eliminate old deteriorated 2-inch steel mains that have become a continuous maintenance problem. The project will improve reliability of the distribution system in this area. The budget for this year s project is $100, The bids received for this project are as follows: COMPANY AMOUNT Bobby Bounds Excavation, Inc. Iowa Park, TX $90, Bowles Construction Co. Wichita Falls, TX $96, Cothran Construction Co. Wichita Falls, TX $100, Construction of this project should require approximately (45) consecutive days to complete. Staff recommends award of the contract to Bobby Bounds Excavation, Inc. in the amount of $90,857.00, based on unit price quantities. Director, Public Works ASSOCIATED INFORMATION: Resolution, Location Maps, Bid Tab Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 8.H

93 Resolution No. Resolution awarding Bid and Contract for the 2016 CDBG Waterline Replacement Project to Bobby Bounds Excavation, Inc. in the amount of $90,857 WHEREAS, the City of Wichita Falls has advertised for bids for the 2016 CDBG Waterline Replacement Project; and, WHEREAS, it is found that the lowest responsible bidder is Bobby Bounds Excavation, Inc. who made a unit price bid with an estimated total of $90, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the 2016 CDBG Waterline Replacement Project is awarded to Bobby Bounds Excavation, Inc., in an estimated total amount of $90,857.00, and the City Manager is authorized to execute a contract, in a form approved by the City Attorney, for the City with said Contractor for the construction of such project. PASSED AND APPROVED this the 17 th day of May ATTEST: M A Y O R City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 8.H

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