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

Transcription

1 City of Wichita Falls City Council Agenda Glenn Barham, Mayor Michael Smith, At Large Ben Hoover, District 1 Annetta Pope - Dotson, 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, February 17, 2015 Beginning At 8:30 A.M. Item # 1. Call to Order 2. (a) Invocation: Bob Rogers, Pastor First Assembly of God (b) Pledge of Allegiance 3. Presentations (a) Proclamation - Cold War History Awareness Days, Sheppard Air Force Base, Museum of North Texas History, and the Texas Historical Commission 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 February 3, 2015 Regular Meeting of the Mayor and City Council. 6. Resolutions (a) Resolution authorizing award of bid for the purchase of one 5 cubic yard dump truck to Wichita Falls Freightliner, in the amount of $89,397.00

2 (b) Resolution authorizing award of bid for the purchase of a 33,000 GVW cab & chassis to Wichita Falls Freightliner, in the amount of $73, Receive Minutes (a) Planning and Zoning Commission, November 12, 2014 (b) Planning and Zoning Commission, December 1, 2014 (c) Planning and Zoning Commission, December 10, 2014 (d) 4A-Economic Development Corporation, December 11, 2014 REGULAR AGENDA 8. Ordinances (a) Ordinance waiving Section 6-4 of the Code of Ordinances to permit the possession and consumption of alcoholic beverages during events sponsored by the Multi-Purpose Events Center ( MPEC ) and held at the Memorial Auditorium (b) (c) Ordinance making an appropriation to the Special Revenue Fund for the Community Partnerships for Healthy Mothers and Children Grant in the amount of $97, received from the National WIC Association and authorizing the City Manager to execute contract accepting same Ordinance authorizing a General Election to be held on May 9, 2015, for the purpose of electing Councilor At-Large, Councilor District 1, and Councilor District 2; authorizing a Special Election to be held on May 9, 2015 for a proposition to sell surplus park property; designating election precincts; and appointing election officials 9. Resolutions (a) Resolution adopting a new Lake Arrowhead Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances (b) (c) Resolution adopting a new Lake Kickapoo Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances Resolution authorizing the City Manager to execute an agreement with the Wichita Falls ISD and the City View Independent School District to conduct a Joint Election on May 9, 2015 CITY COUNCIL AGENDA PAGE 2 OF 4

3 (d) (e) (f) (g) (h) (i) (j) Resolution granting the City Manager authority to approve negotiations for property acquisitions up to $25,000 over the fair market value if it is deemed appropriate Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $928,800 for the Eagle Railcar Services Expansion Project 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 $158,125 for engineering study and preparation of Corp of Engineers 404 Permit Application for Lake Wichita Resolution accepting a proposal from NUCO Controls, LLC for the purchase and installation of power factor correction equipment at various City facilities in the amount of $123,464.18, and making budgetary appropriations of $92,598 and $30,867 in the Water/Sewer and General Funds, respectively Resolution repealing Resolution , adopted December 1, 1998, in its entirety and substituting therefor the following resolution establishing policies for appointments to the City Boards, Commissions and Advisory Groups Resolution authorizing the application for a federal Reclamation WaterSmart grant for tree irrigation Resolution authorizing the City Manager to execute an agreement with SLA Architects in an amount not to exceed $60,000 for the design and construction oversight of the adoption addition of the City of Wichita Falls Animal Services Center 10. Other Council Matters (a) Staff Reports 1. Historic District Nomination Guidelines (b) Items of concern to members of the City Council 11. Executive Sessions (a) Executive Session in accordance with Texas Government Code to deliberate the purchase, exchange, lease, or value of real property as deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. CITY COUNCIL AGENDA PAGE 3 OF 4

4 (b) Executive Session in accordance with Texas Government Code to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, economic development update). 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 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, 2015 at o clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4

5 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution authorizing award of bid for the purchase of one 5 cubic yard dump truck to Wichita Falls Freightliner, in the amount of $89, INITIATING DEPT: Finance/Purchasing COMMENTARY: Bids were opened January 27, 2015 for the purchase of one 5 cubic yard dump truck. This is a replacement unit for the Street Maintenance Division. In November of 2014, two of the Street Department s 5 yard dump trucks were totally disabled; one with a blown engine and the other due to an accident. One unit was scheduled for replacement in FY The bid specifications requested an option to purchase an additional unit later in the year if funding is available. Five (5) bids were received. The low bidder, Ft. Worth Freightliner, did not meet all specifications. Specifically, it did not comply with vehicle interface wiring, brake system air tanks, cab suspension, cab insulation, and tires and dump body (bid tabulation attached). All other bidders met the City s specifications. Staff recommends award of bid for the purchase of one 5 cubic yard dump truck to Wichita Falls Freightliner, in the amount of $89, Budgeted Cost $90,000 (one unit). Purchasing Agent Assistant City Manager/CFO ASSOCIATED INFORMATION: Resolution Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 6.A

6 BID CY DUMP TRUCK VENDOR MODEL TOTAL RUSH TRUCK CENTER PERERBILE 337 W/ HILBILT DUMP $ 91, DALLAS TX SUMMIT TRUCK GROUP INTERNATIONAL 7500 W/HILBILT DUMP $ 95, WICHITA FALLS TX FT. WORTH FREIGHTLINER FREIGHTLINER M2 106 W/? $ 85, FT WORTH TX *** BRUCKNER'S TRUCK SALES MACK GU532 W/DAVIS DUMP BED $ 100, WICHITA FALLS TX WICHITA FALLS FREIGHTLINER FREIGHTLINER M2 106 W/DAVIS DUMP BED $ 89, WICHITA FALLS TX WICHITA FALLS FREIGHTLINER FREIGHTLINER M2 106 W/1954 MFG DUMP BED $ 99, WICHITA FALLS TX ***Does Not Meet Specificartions PAGE 2 OF 3 PAGES AGENDA ITEM NO. 6.A

7 Resolution No. Resolution authorizing award of bid for the purchase of one 5 cubic yard dump truck to Wichita Falls Freightliner, in the amount of $89, WHEREAS, the City advertised and requested bids for the purchase of one 5 cubic yard dump truck, with an option to purchase one additional unit at a later time in the year; and, WHEREAS, bids were received and publically opened on January 27, 2015; and, WHEREAS, the City Council desires to purchase one 5 cubic yard dump truck for the City fleet at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City staff is authorized to execute all documents necessary to purchase one 5 cubic yard dump truck from Wichita Falls Freightliner in the amount of $89,397.00, with an option to purchase an additional unit at a later time in the year if funds are available. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 6.A

8 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution authorizing award of bid for the purchase of a 33,000 GVW cab & chassis to Wichita Falls Freightliner, in the amount of $73, INITIATING DEPT: Finance/Purchasing COMMENTARY: Bids were opened January 27, 2015 for the purchase of one 33,000 GVW cab & chassis. This is a replacement unit for the Wastewater Treatment Division and will be mounted with a service body. Five (5) bids were received. The low bidder Ft. Worth Freightliner did not meet all specifications. Specifically, the bid did not comply with vehicle interface wiring, brake system air tanks, cab suspension, cab insulation and tires (bid tabulation attached). All other bidders met specifications. Staff recommends award of bid for the purchase of one 33,000 GVW cab & chassis to the low bidder meeting specifications, Wichita Falls Freightliner, in the amount of $73, Budgeted Cost $90,000 Purchasing Agent Assistant City Manager/CFO ASSOCIATED INFORMATION: Resolution Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 6.B

9 BID ,000 GVW CAB & CHASSIS VENDOR MODEL TOTAL RUSH TRUCK CENTER PETERBILT 337 $ 74, DALLAS TX SUMMIT TRUCK GROUP INTERNATIONAL 7500 $ 78, WICHITA FALLS TX FT. WORTH FREIGHTLINER FREIGHTLINER M2 106 $ 70, FT WORTH TX *** BRUCKNER'S TRUCK SALES MACK GU532 $ 84, WICHITA FALLS TX WICHITA FALLS FREIGHTLINER FREIGHTLINER M2 106 $ 73, WICHITA FALLS TX *** Does Not Meet Specifications PAGE 2 OF 3 PAGES AGENDA ITEM NO. 6.B

10 RESOLUTION NO. Resolution authorizing award of bid for the purchase of a 33,000 GVW cab & chassis to Wichita Falls Freightliner, in the amount of $73, WHEREAS, the City advertised and requested bids for the purchase of one 33,000 GVW cab & chassis; and WHEREAS, bids were received and publically opened on January 27, 2015; and WHEREAS, the City Council desires to purchase a 33,000 GVW cab & chassis for the City fleet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City staff is authorized to execute all documents necessary to purchase a 33,000 cab & chassis from Wichita Freightliner, in the amount of $73, PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 6.B

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28 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Ordinance waiving Section 6-4 of the Code of Ordinances to permit the possession and consumption of alcoholic beverages during events sponsored by the Multi-Purpose Events Center ( MPEC ) and held at the Memorial Auditorium INITIATING DEPT: Multi-Purpose Events Center COMMENTARY: Several organizations, including the Wichita Falls Symphony and various management representatives for musical acts performing at Memorial Auditorium have requested to be allowed to possess and consume alcohol during musical and other events held at Memorial Auditorium. Alcohol is permitted at the MPEC and this Ordinance would allow the same at similar events held at Memorial Auditorium. This Ordinance would waive the prohibition against possession and consumption of alcohol at Memorial Auditorium during events sponsored, managed, and/or catered by the Multi-Purpose Events Center which holds a valid TABC permit to sell alcohol. MPEC Director ASSOCIATED INFORMATION: Ordinance Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.A

29 Ordinance No. Ordinance waiving Section 6-4 of the Code of Ordinances to permit the possession and consumption of alcoholic beverages during events sponsored by the Multi-Purpose Events Center ( MPEC ) and held at the Memorial Auditorium WHEREAS, the Multi-Purpose Events Center sponsors, manages and/ or caters several musical and other entertainment events at the Memorial Auditorium; and, WHEREAS, it is believed that such events will be more successful if alcoholic beverages are served; and, WHEREAS, the Multi-Purpose Events Center sponsors, manages and/or caters events at the MPEC where alcohol is allowed to be sold and served; and, WHEREAS, numerous community groups which organize events at the Memorial Auditorium have requested to be allowed to serve alcohol at their events and would be allowed to do so if said events were held at the MPEC; and, WHEREAS, the Multi-Purpose Events Center holds a valid license from the Texas Alcoholic Beverage Commission to sell and serve alcoholic beverages; and, WHEREAS, beverages of any kind, whether alcoholic or non-alcoholic, will not be allowed inside the seating stage area of Memorial Auditorium except in the Orchestra Pit and backstage in the dressing rooms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 6-4 of the Code Wichita Falls Code of Ordinances, prohibiting the possession and consumption of alcoholic beverages in the Memorial Auditorium, is hereby waived to permit alcoholic beverages during events sponsored, managed, and/or catered by the Multi-Purpose Events Center ( MPEC ) and held at the Memorial Auditorium. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.A

30 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Community Partnerships for Healthy Mothers and Children Grant in the amount of $97, received from the National WIC Association and authorizing the City Manager to execute contract accepting same INITIATING DEPT: Health COMMENTARY: This is a new grant opportunity for the Health District. We are one of 15 organizations that were chosen nationwide to participate in this grant. We will be utilizing the obesity subcommittee of the Health Coalition with the addition of a WIC recipient and an obstetrician. The goal of the grant is to build capacity to prevent and reduce chronic disease. One of the objectives will be to integrate the = 8 program, which recommends 5 servings of fresh fruit and vegetables a day, no more than 2 hours of screen time, one hour of physical activity and eight hours of sleep. Recognizing it is best to instill healthy habits at an early age. The grant period is for 16 months and will extend from January 1, 2015 through April The initial grant cycle is from January 1, 2015 through September 29, The grant will fund a full time program coordinator and.8% of an outreach specialist position. This person will spend the remaining.2% of their time as a WIC peer counselor. There are funds for travel, training, advertising and completion of a health assessment. Director of Health ASSOCIATED INFORMATION: Ordinance Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.B

31 Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Community Partnerships for Healthy Mothers and Children Grant in the amount of $97, received from the National WIC Association and authorizing the City Manager to execute contract accepting same WHEREAS, the Health District and the National WIC Association desire to enter into a contract for continued public health services; and WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the 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 $97, for the Womens Infants and Childrens Program, and the City Manager is authorized to enter into a contract with the National WIC Association for the Wichita Falls-Wichita County Health District. PASSED AND APPROVED this the 17th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.B

32 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Ordinance authorizing a General Election to be held on May 9, 2015, for the purpose of electing Councilor At-Large, Councilor District 1, and Councilor District 2; authorizing a Special Election to be held on May 9, 2015 for a proposition to sell surplus park property; designating election precincts; and appointing election officials. INITIATING DEPT: City Clerk COMMENTARY: The next uniform election date is May 9, Places on the ballot will be Councilor At-Large, Councilor District 1, and Councilor District 2. The proposition on the ballot will be Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. The purpose of the special election is to seek voter approval to sell the old Fire Station #8 which was built on park land. State laws prohibit the sale of park land without voter approval. Council may recall that staff previously discussed the potential uses of this abandoned building and the possibility of selling the property to private owners since we have had a number of inquiries seeking to purchase the property. Council expressed the desire to consider this option while also expressing concerns with ensuring any development would be compatible with the surrounding neighborhood. As we discussed, the Council can stipulate certain deed restrictions if the property is marketed for sale, however, we must first get voter approval to even consider selling the property. This special election will seek that approval, but does not commit the City Council to selling the property if it is determined to not be in the City s best interest at that time. This Ordinance will order the Election for May 9, 2015, and designate the election precincts, appoint election officials, establish pay rates, voting system, early voting extended hours, and various other items required by State Law. Changes this year include Type of voting equipment 12-hour days for all early voting. All early voting will be at Memorial Auditorium. A proposed pay increase for election workers to equal the county s pay rate. Election judges are not named in this ordinance. They will be appointed by the council at a later date. PAGE 1 OF 10 PAGES AGENDA ITEM NO. 8.C

33 One polling location was changed due to closure of Alamo Elementary. We will still be able to use the gym at Sam Houston Elementary. Other entities participating in this Joint Election are City View ISD and the Wichita Falls ISD. City Clerk ASSOCIATED INFORMATION: Ordinance Budget Office Review: City Attorney Review: City Manager Approval PAGE 2 OF 10 PAGES AGENDA ITEM NO. 8.C

34 Ordinance No. Ordinance authorizing a General Election to be held on May 9, 2015, for the purpose of electing Councilor At-Large, Councilor District 1, and Councilor District 2; authorizing a Special Election to be held on May 9, 2015 for a proposition to sell surplus park property; designating election precincts; and appointing election officials 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 Election is hereby called and ordered for the second Saturday in May 2015; and, WHEREAS, the City Clerk has advised the City Council that the next authorized uniform election date is May 9, The purpose of this Election will be to elect a Councilor At-Large, Councilor District 1, and Councilor District 2; and, WHEREAS, the City Council has issued an order this date ordering that a Special Municipal Election be held on May 9, 2015, for the purpose of placing on the ballot the proposition question to authorize the City to sell a portion of surplus park property known as Wood Memorial Park along Miller Road, more fully described on Exhibit B; and, WHEREAS, the City of Wichita Falls, Texas, is authorized by law to hold such elections on May 9, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. A General Election is hereby ordered to be held on the 9 th day of May, 2015, for the purpose of electing a Councilor At-Large, Councilor District 1, and Councilor District A Special election shall be held in the City on May 9, 2015, for the purpose of placing on the ballot the proposition question to authorize the City of Wichita Falls to sell a portion of surplus property known as Wood Memorial Park along Miller Road, such proposition to be worded as follows: Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. Yes No PAGE 3 OF 10 PAGES AGENDA ITEM NO. 8.C

35 2. Such elections shall be held at the polling places shown on Exhibit A, attached hereto for all purposes. The polls for said election shall be open from 7:00 a.m. to 7:00 p.m. Election judges and alternate election judges shall be appointed by the City Council. 3. The City Clerk is expressly authorized to obtain election supplies and equipment required by law and necessary to conduct said elections. 4. The presiding judges shall be compensated at the rate of twelve dollars per hour, the alternate judges at ten dollars per hour, and the clerks at eight dollars and fiftycents per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to one hour after voting is concluded by all voters offering themselves for voting during regular voting hours, whichever is later. The judge who delivers the returns of the election shall be paid an additional twenty-five dollars ($25.00), provided he/she also returns unused ballots, election supplies, and ballot boxes when he/she makes delivery of the returns of the election. 5. Hart eslate Voting System (Direct Recording Electronic {DRE}) equipment is authorized to be used for voting at the foregoing election precincts, and electronic counting devices and equipment are authorized to be used for counting the ballots at said election. If such equipment is not made available by Wichita County or another entity at a price and conditions determined by the City Clerk to be reasonable, then the City Clerk may choose to perform the election with paper ballots and provide for them to be optically scanned. 6. The City Clerk is designated as the Early Voting Clerk. Early voting shall be conducted at the Municipal Building, 1300 Seventh Street, Wichita Falls. Optical scan ballots shall be used for early voting by mail and the Hart eslate Voting System Direct Recording Electronic {DRE} voting machines are expected to be used for early voting by personal appearance. Early voting by personal appearance for the election shall commence at 8:00 a.m. on April 27, 2015, and end at 7:00 p.m. on May 5, Early voting by personal appearance shall be conducted each weekday during the hours from 7:00 a.m. until 7:00 p.m. On the final two days of early voting by personal appearance, the City Clerk's regular business hours are hereby designated as 7:00 a.m. until 7:00 p.m. 7. An Early Ballot Board is hereby designated to canvass the early votes cast by mail and provisional ballots. A Presiding Judge of said Board shall be appointed by the Council, and said judge shall appoint such other members as provided in the TEXAS ELECTION CODE, Section (b). 8. The County Clerk s Office, located in the County Courthouse, 700 Seventh Street, Wichita Falls, Texas, is hereby established as the Central Counting Station to receive and tabulate votes and ballots cast in said election. PAGE 4 OF 10 PAGES AGENDA ITEM NO. 8.C

36 9. The following persons are hereby authorized and approved as persons employed and designated to handle the ballots, operate the tabulating equipment, count the ballots, and be present in the Central Counting Station: a. Central Counting Station Presiding Judge Gordon Wallace b. Central Counting Station Manager City Clerk Tracy Norr c. Tabulation Supervisor Penny Baxley d. Clerks to be named by Presiding Judge. e. Consultant for Election Systems & Software, as needed. 10. A committee is hereby established of the following persons to hold three computer accuracy tests. The first test shall be conducted at least 48 hours before the count of voted ballots. The second test shall be conducted immediately prior to the start and the third test immediately subsequent to the count of voted ballots to ascertain that the computer will accurately count the votes cast for the offices to be voted upon in said election: a. Gordon Wallace b. Tracy Norr c. Penny Baxley d. Consultant for Election Systems & Software, as needed. 11. The election materials as outlined in Section , TEXAS ELECTION CODE, shall be printed in both English and Spanish for use at the polling places and for early voting for said election. 12. The Mayor is authorized to sign the Order of Election and Notice of General And Special Election prescribed by the State of Texas and attached hereto. The Notice of General And Special Election shall be published in accordance with the provisions of the TEXAS ELECTION CODE and the City Charter. PASSED AND APPROVED this the 17 th day of February, MAYOR ATTEST: City Clerk PAGE 5 OF 10 PAGES AGENDA ITEM NO. 8.C

37 EXHIBIT A CITY OF WICHITA FALLS GENERAL ELECTION POLLING PLACES MAY 9, 2015 City Box Voting Precincts Polling Place 1 401, 404, 405, 409 Sam Houston School 2500 Grant Street 2 305, 316, 407, 408 Crockett School 3015 Avenue I 3 102, 110, 402 Ben Franklin School 2112 Speedway 4 303, 304, 311 Washington-Jackson 1300 Harding 5 306, 312, 313 Kate Burgess 3109 Maurine 6 301, 302, 308 Carrigan Center 1609 Blonde Street 7 406, 410 Jefferson School 4628 Mistletoe Dr , 411 Cunningham School 4107 Phillips 9 104, 105, 111, 112 M.S.U. Harding Admin. Bldg Taft Fowler School 5100 Ridgecrest , 113 TxDOT W.F. Training Ctr Southwest Parkway , 318, 319 Southern Hills 3902 Armory Rd , 203 Kate Haynes School 1705 Katherine , 314, 315 Hirschi High School 3106 Borton , 208, 307 City View High School 1600 City View Drive PAGE 6 OF 10 PAGES AGENDA ITEM NO. 8.C

38 EXHIBIT B A TRACT OF LAND IN WICHITA FALLS, WICHITA COUNTY, TEXAS, OUT OF THE O.H.P. DAVIS SURVEY, A-65 AND BEING OUT OF A CERTAIN 6.00 ACRE TRACT OF LAND CONVEYED TO THE CITY OF WICHITA FALLS, TEXAS AS RECORDED IN VOLUME 1262, PAGE 540, WICHITA COUNTY DEED RECORDS, AND BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A ½ INCH IRON ROD IN THE NORTH RIGHT-OF-WAY LINE OF MILLER ROAD FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION, SAID 6.00 ACRE TRACT, AND THE MOST WESTERLY SOUTHWEST CORNER OF LOT 29, BLOCK 2, MIDWESTERN PARK, UNIT TWO, BLOCK 2, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AS RECORDED IN VOLUME 24, PAGES 223 AND 224, WICHITA COUNTY PLAT RECORDS; THENCE FOLLOWING THE NORTH RIGHT-OF-WAY LINE OF MILLER ROAD IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET, AN ARC DISTANCE OF FEET TO A ½ INCH IRON ROD FOR THE SOUTHWEST CORNER OF THIS DESCRIPTION, THE LONG CHORD OF SAID CURVE BEARS NORTH WEST FEET; THENCE NORTH EAST FEET TO A ½ INCH IRON ROD FOR AN ANGLE POINT OF THIS DESCRIPTION; THENCE NORTH EAST FEET TO A ½ INCH IRON ROD FOR THE NORTHWEST CORNER OF THIS DESCRIPTION; THENCE SOUTH EAST FEET TO A ½ INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS DESCRIPTION AND THE NORTHWEST CORNER OF LOT 25-A, BLOCK 2, MIDWESTERN PARK, UNIT TWO, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AS RECORDED IN VOLUME 25, PAGE 52, WICHITA COUNTY PLAT RECORDS; THENCE SOUTH WEST FEET TO THE PLACE OF BEGINNING AND CONTAINING ACRE OF LAND, MORE OR LESS. PAGE 7 OF 10 PAGES AGENDA ITEM NO. 8.C

39 PAGE 8 OF 10 PAGES AGENDA ITEM NO. 8.C

40 To the Registered Voters of the City of Wichita Falls, Texas: NOTICE OF GENERAL AND SPECIAL ELECTION (AVISO DE ELECCION GENERAL Y ESPECIAL) Notice is hereby given that all the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on May 9, 2015 for voting in a Joint General Election to elect a Councilor At Large, Councilor District 1, and Councilor District 2 and a Special Election for the following proposition: Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. Early voting by personal appearance will be conducted each weekday at Municipal Auditorium th Street, between the hours of 7:00 a.m. and 7:00 p.m. beginning on April 27, 2015 and ending on May 5, Applications for ballot by mail shall be mailed to: Tracy B. Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas Applications for ballot by mail must be received no later than the close of business on April 30, 2015 (A los votantes registrados de la Ciudad de Wichita Falls, Texas:) (Notifiquese, por la presente, que las casillas electorales sitadas abajo se abriran de las 7:00 a.m. hasta las 7:00 p.m. el 9 de Mayo de 2015 para votar en la Eleccion General para elegir un Consejal General, Consejal Distrito 1, y Consejal Distrito 2. Una elección especial también se ordena para el 09 de mayo de 2015 para una propuesta para votar a favor o en contra de la siguiente proposicion: Debera la Ciudad vender a valor equitativo de venta, propiedad excedente del parque localizada en Wood Memorial Park, cierta propiedad trazada como 0.880, mas o menos, acres de terreno unicada en O.H.P Davis Survey, A-65 y de un cierto 6,00 acres de tierra transportada a la ciudad de Wichita Falls, Texas como se registra en volumen 1262, página 540, registros de acciones del Condado de Wichita. (La votacion adelantada en persona se llevara a cabo de lunes a viernes en el Edificio Municipal, 1300 Calle 7, entre las 7:00 a.m y las 7:00 p.m. empezando el 27 de Abril 2015 y concluyendo el 5 de Mayo (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a: Tracy B. Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas 76307) (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 30 de Abril 2015.) POLLING PLACES & PRECINCTS (CASILLAS ELECTORALES Y PRECINCTOS) VOTING POLLING COUNCILOR PRECINCT. PLACE ADDRESS DISTRICT 401, 404, 405, 409 Sam Houston School 2500 Grant Street 305, 316, 407, 408 Crockett School 3015 Avenue I 102, 110, 402 Ben Franklin School 2112 Speedway 303, 304, 311 Washington-Jackson 1300 Harding 306, 312, 313 Kate Burgess 3109 Maurine 301, 302, 308 Carrigan Career Center 1609 Blonde Street 406, 410 Jefferson School 4628 Mistletoe Dr 403, 411 Cunningham School 4107 Phillips 104, 105, 111, 112 M.S.U. Harding Admin. Bldg Taft 103 Fowler School 5100 Ridgecrest 108, 113 TxDOT W.F. Training Ctr Southwest Pkwy 109, 318, 319 Southern Hills 3902 Armory Rd 201, 203 Kate Haynes School 1705 Katherine 207, 314, 315 Hirschi High School 3106 Borton 202, 208, 307 City View High School 1600 City View Drive 5 Issued this the 17 th day of February, (Emitada este dia 17 de Febrero 2015.) Mayor (Alcalde) PAGE 9 OF 10 PAGES AGENDA ITEM NO. 8.C

41 ORDER OF ELECTION FOR CITY OF WICHITA FALLS (ORDEN DE ELECCION PARA LA CIUDAD DE WICHITA FALLS) A General Election is hereby ordered to be held on May 9, 2015 for the purpose of electing a Councilor At Large, Councilor District 1, and Councilor District 2. A Special Election is also hereby ordered for May 9, 2015 for the following proposition: Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. Early voting by personal appearance will be conducted each weekday at Municipal Auditorium, th Street, Wichita Falls, with hours as noted below. (Por la presente se ordena que se llevara a cabo una Eleccion General el 9 de Mayo 2015 con el proposito de elijir un Consejal General, Consejal Distrito 1, y Consejal Distrito 2. Una elección especial también se ordena para el 09 de mayo de 2015 para votar a favor o en contra de la siguiente proposicion: Debera la Ciudad vender a valor equitativo de venta, propiedad excedente del parque localizada en Wood Memorial Park, cierta propiedad trazada como 0.880, mas o menos, acres de terreno unicada en O.H.P Davis Survey, A-65 y de un cierto 6,00 acres de tierra transportada a la ciudad de Wichita Falls, Texas como se registra en volumen 1262, página 540, registros de acciones del Condado de Wichita. La votacion adelantada en persona se llevara acabo de lunes a viernes en el Edificio Municipal, 1300 Calle 7, Wichita Falls, Texas con horario differente, anotado en seguida.) At Municipal Auditorium/(En El Edificio Municipal): Between the hours of 7:00 a.m. and 7:00 p.m. on April 27, 2015 through May 5, (Entre las 7:00 a.m. y las_7:00 p.m. el 27 de Abril 2015 hasta el 5 de Mayo Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Tracy Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas Applications for ballot by mail must be received no later than the close of business on April 30, (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 30 de Abril ) Issued this the day of February, (Emitada el de Febrero 2015) Mayor (Alcalde) PAGE 10 OF 10 PAGES AGENDA ITEM NO. 8.C

42 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution adopting a new Lake Arrowhead Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances INITIATING DEPT: Community Development/Property Management/Lake Lots COMMENTARY: With the approaching expiration dates of the original 25 year leases with a 25 year renewal option, Legal and Property/Lake Lot Administration have devoted many hours and edited many draft proposals to arrive at the new Lake Arrowhead Lease being presented for adoption. The purpose of the new Lake Arrowhead Lease is two-fold. It will incorporate all of the past resolutions and ordinances that have been adopted over the past fifty years into the actual lease document as opposed to many of them only being in a rule book. It is an effort to offer a lease that is more transparent to the leaseholders and clearly defines their rights and obligations; while also giving the City the authority as landlord to enforce compliance of said rules and regulations. Additionally, having the new leases in place will allow the City to have continuity and treat all leaseholders equally, by bringing the expiring leases in line with the current New Generation Lease rates. These lease rates are based on appraisals of land and other leases offered adjacent to bodies of water. The Rule Book will still be available to the leaseholders, but will address the common areas of the Lake and more general issues. Staff recommends adoption of the new Lake Arrowhead Lease, to become effective upon adoption and requesting the City Manager have authority to execute said leases. Assistant City Manager ASSOCIATED INFORMATION: Resolution, Lake Arrowhead Lease Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 20 PAGES AGENDA ITEM NO. 9.A

43 Resolution No. Resolution adopting a new Lake Arrowhead Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances WHEREAS, the original Lake Arrowhead leases are quickly approaching their expiration dates; and, WHEREAS, over the past 50 years there have been many changes and updates to the rules, regulations, and requirements not included in the lease documents creating a hindrance to compliance; and, WHEREAS, it is the City s goal to offer a transparent lease that is equal to the current New Generation leases and in line with the fair market rentals; and, WHEREAS, the Legal Department has reviewed, edited, and approved the requested leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Lake Arrowhead Lease has been approved as to form and the City Manager is hereby authorized to execute said leases as presented. The City Manager is authorized to set the term of each lease at 25, 30, or 40 year terms. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 20 PAGES AGENDA ITEM NO. 9.A

44 LAKE ARROWHEAD LEASE STATE OF TEXAS COUNTY OF WICHITA This Lease Agreement, made and entered into on the day of,, by and between the City of Wichita Falls, a municipal corporation, acting through its City Manager, hereinafter called "Landlord", and of, hereinafter called "Tenant", WITNESSETH: Landlord does hereby lease to Tenant the following described real property located in Clay County, Texas, to wit: Lot No., Block, Lake Arrowhead, Clay County, Texas, according to the map on file in the office of Lake Lot Administration of the City of Wichita Falls, hereinafter called "Premises", upon the terms and conditions hereafter set out. l. GENERAL PURPOSE. The parties hereto (Landlord and Tenant) recognize and acknowledge that the primary purpose of Lake Arrowhead is to supply the City of Wichita Falls with water for human consumption. 2. DEFINITIONS. a. Lake Side Elevation Line means a line established as far as reasonable by a licensed engineer or surveyor at the 930 foot contour elevation for Lake Arrowhead. The City of Wichita Falls shall be the final arbiter of the location of the Lake Side Elevation Line in any circumstance which requires its delineation. b. Reservoir means the water surface of the Lake and all waters thereunder. c. Reservoir Structure means piers, wharves, docks, barges, floating fences, boathouses, crappie houses and any and all other stationary or floating facilities on, in, or over the Reservoir. d. Spillway Elevation means the 926 foot flood line elevation for Lake Arrowhead.. 3. TERM. The term of this lease is for a period of years beginning on and ending on. If Tenant has maintained this lease in good force and effect, then upon the expiration thereof, the Tenant shall have the preferential right to acquire a continuing lease on Premises upon such terms and conditions as may then be offered by Landlord to Tenant at Lake Arrowhead. PAGE 3 OF 20 PAGES AGENDA ITEM NO. 9.A

45 4. RENTAL. Tenant agrees to pay Landlord as annual rental under this lease agreement the sum, said rental payable in advance of each year on or before September 30 at the office of Lake Lot Administration, 1300 Seventh Street, Wichita Falls, Texas, (or at such other place as may be designated in writing by the Landlord). The initial rental shall be prorated for the number of months from the date of this lease to the next September 30 due date. Landlord reserves the right to increase the rent in 2019; each 5 years thereafter during the term of this lease, the Landlord may increase the annual rental by an amount that does not exceed 30% of the rate in effect for the preceding 5- year period, or less if during the initial term prior to September 30, The amount of the rate increase shall be set by the Landlord by action of the City Council of Wichita Falls. Notification shall be given to Tenant at least 90 days prior to the effective date of the rental rate increase. Failure to notify Tenant shall not affect the validity of any rental increase. 5. ADDRESSES. The address listed below Tenant's signature on this lease agreement shall be used for all notices and/or correspondence required between Landlord and Tenant. The Tenant shall notify the Landlord of any change of address of Tenant. Such changes of addresses shall be maintained in the files of the Lake Lot Administration office. All notifications hereunder will be presumed to be correct if sent to the Tenant's address as reflected by the records of the Lake Lot Administration office. Notices to the Landlord shall be to the Lake Lot Administration office unless otherwise designated by Landlord on a form provided by the Lake Lot Administration office and receipt thereof acknowledged by the Tenant. 6. RECORDING. Neither the Landlord nor the Tenant shall be required to record this lease in the records of Clay County, Texas; provided, however, that upon request by Tenant, the lease shall contain the appropriate acknowledgments which would permit recording in Clay County, Texas. If Tenant elects to record such lease, a copy thereof shall be furnished to the Lake Lot Administration office. Likewise, a change of address form or any subsequent amendment of this lease between Landlord and Tenant shall at the request of Tenant be in recordable form and may be recorded in like manner and filed with the Lake Lot Administration office. 7. NOTIFICATION. Landlord shall not be required to send Tenant notice of the annual rental payments due under this lease except for the rental increases as noted above. If Tenant fails to timely pay a rental under this lease, a late notice will be sent by the Lake Lot Administration office by certified mail to the last address of Tenant on file with the Lake Lot Administration office. The Tenant will have until October 31 to pay the delinquency, along with a late fee of One Hundred Dollars ($100.00) or as amended by Landlord via City of Wichita Falls current fee ordinance. If the payment of the delinquency and late fee are not received by the Lake Lot Administration office on or before October 31, this lease shall be deemed terminated without further action by Landlord. PAGE 4 OF 20 PAGES AGENDA ITEM NO. 9.A

46 8. NO COMMERCIAL USE. Tenant shall not use the Premises nor any part thereof for commercial purposes, but only for residential purposes. a. Signs (1) Tenant shall not construct, maintain or permit any advertising or display sign, billboard or sign or advertising structure of any kind on Premises, except for garage sale signs pursuant to 24. (2) Printed or painted signs advertising such improvements for sale larger than 16 square feet are only allowed with written consent of the Landlord. b. Private notices and advertisement are prohibited on Premises. 9. CONSTRUCTION. Buildings, structures, and facilities, installed or constructed on Premises, shall be of sound and substantial construction and be done in accordance with plans and specifications approved by Landlord. Plans for buildings, structures, and facilities shall meet the minimum standards provided for similar construction within the City of Wichita Falls, and shall be approved by the Building Inspection Department of the City of Wichita Falls prior to the construction or installation. Such plans and specifications shall be furnished by Tenant at Tenant's expense. All construction and improvements made to Premises shall comply with all applicable City, State, and Federal building, health, and sanitation rules and regulations. Tenant shall construct no building, structure, or facility without first obtaining a proper permit for such work from the applicable department of the City of Wichita Falls. All buildings, structures, and facilities shall be constructed substantially in accordance with the plans and specifications previously approved by Landlord in good and workmanlike manner, and Tenant shall keep same maintained in good repair and appearance. During the term of this lease, the Tenant agrees to correct any substandard or otherwise undesirable conditions resulting from failure to properly maintain structures, grounds, or facilities. If on the date of this lease, there are buildings, structures, and/or facilities located on Premises, the Landlord shall have the Building Inspection Department and such other departments as are appropriate, inspect the property to determine if such buildings, structures, and facilities meet the minimum standards set by the City of Wichita Falls. If such inspection reveals failure to meet such minimum standards, then a report shall be given to Tenant of the needed repairs to meet such standards. Tenant shall have 6 months after receipt of such inspection report to bring Premises up to the minimum standards set forth in the inspection report, provided that for good cause the City Council of Wichita Falls or its designated representative may extend such time period an additional 6 months. Tenant shall pay the appropriate City fees for all permits and inspections save and except the initial inspection provided for above. Failure to comply with these requirements shall be cause for termination of this lease. PAGE 5 OF 20 PAGES AGENDA ITEM NO. 9.A

47 10. MAINTENANCE. a. Tenant shall keep Premises clean of trash, rubbish, garbage, and waste matter of all kinds and will provide such facilities for the disposal of this matter as Landlord shall require. b. Tenant further agrees to maintain the shoreline, immediately adjacent land and water free of garbage, trash, or other waste. Tenant shall not discharge, nor allow to be discharged any waste of any kind into the waters of Lake Arrowhead, and agrees to abide by all rules, regulations, or other laws related to the maintenance of water quality in Lake Arrowhead as established by Landlord and other local, State, and Federal agencies with jurisdiction over same. Tenant shall indemnify Landlord for any cost associated with the clean-up of any pollution caused by Tenant's use of Premises. c. Tenant acknowledges that Landlord shall have no obligation to furnish any solid waste collection or disposal system. d. Tenant shall keep the weeds on Premises mowed to a height not exceeding nine (9) inches, and shall not allow or maintain on Premises any dangerous or dilapidated buildings, structures, or facilities as determined by Landlord in applying the applicable City of Wichita Falls and State rules and regulations. e. Tenant shall not maintain outdoor storage, as defined by Section or successor ordinance of the Code of Ordinances of the City of Wichita Falls, including but not limited to the accumulation of abandoned or junked vehicles, household furniture, appliances or parts thereof. f. Tenant will not burn refuse, garbage, trash, rubbish and waste on Premises as a means of disposal, except that brush, limbs, branches and vegetation waste may be burned on Premises as approved by county and state authority. g. Applications for Reservoir Structure permits must be accompanied by a materials list and a sketch showing location, dimensions and construction plans including method of anchoring to insure proper mooring at all times. There will be a onetime application fee of $25.00, and an annual inspection fee of $50.00 for all structures, except for boat and crappie houses, which will pay a $ annual inspection fee. Tenant agrees that Landlord has the right, from time to time, to modify fees via the City s fee ordinance. h. Wood members containing creosote or metal parts that are irradiated will not be approved for use at the Lake. PAGE 6 OF 20 PAGES AGENDA ITEM NO. 9.A

48 i. Landlord shall notify Tenant in writing of Tenant's failure to comply with any of the above provisions as to maintenance of Premises. Tenant shall have 10 days in which to correct the situation set forth in the notice from Landlord (or longer period set by Landlord if such default is of a nature that it cannot be corrected within such period) and if Tenant fails to make necessary corrective action within said time period, then Landlord may make such corrections. Landlord shall be entitled to recover its costs of labor, materials, equipment, and administration in correcting such situation and payment shall be made within 30 days of receipt of statement of such cost by Tenant. Tenant shall pay for any and all inspections after the initial inspection by Landlord at the rates provided for by the appropriate department of Landlord. In the alternative, Landlord may terminate this lease or choose other remedies available herein or by law. 11. SEWAGE DISPOSAL. Tenant shall be required to adhere to all City, State, and Federal environmental rules and regulations as to the sanitary disposal of sewage. As of the date of this lease, septic tanks shall be the only sewage disposal facility used on Premises, and such facilities shall be in accordance with the applicable City, State, and Federal requirements and be maintained in proper operating condition at all times. All sewage disposal systems shall be inspected at the beginning of the lease, when the lease is transferred, or whenever there is cause to believe that the sewage disposal system is in non-compliance with the applicable City, State, or Federal environmental rules and regulations as to sanitary disposal of sewage. Fees shall be assessed and paid by the Tenant to the Health Department or such other agency as is appropriate for conducting such inspections. PAGE 7 OF 20 PAGES AGENDA ITEM NO. 9.A

49 12. ANIMALS. a. Tenant shall not house poultry, cows, horses, or other livestock on Premises, unless approved in writing by the City of Wichita Falls, such as to be allowed on a temporary basis only. b. Tenant shall not breed and/or raise rabbits, chinchillas, dogs, or other domestic animals when raised as part of a breeding operation. c. Authorized pets must not cause a nuisance to other leaseholders or interfere with the public s use of public areas at the Lake. The Lake Lot Administration office will determine if a pet is a nuisance. d. Tenant shall restrain all household dogs indoors, kept in an enclosed fence, confined to a run, or held by a person on a leash e. Tenant shall maintain no more than four household pets in total on Premises. f. A breeding operation will be deemed in effect when the population of any species of animal on any lot reaches five. 13. ASSIGNMENT. a. Tenant shall have the right to assign or convey Tenant's leasehold rights hereunder as to Premises, provided that such assignment or conveyance shall be filed in the office of the Lake Lot Administration. No assignment or conveyance shall be effective until such time as Premises have been inspected and found to be in compliance with the terms and provisions of this lease, and payment has been made of a transfer fee of $ or as amended by Landlord via the City of Wichita Falls current fee ordinance, and all inspection fees as appropriate hereunder. Tenant shall remain primarily responsible for the terms and provisions hereunder until such time as the assignment or conveyance has been approved as provided for herein for the payment of the appropriate charges. The party assuming the rights and responsibilities of Tenant hereunder by such assignment or conveyance shall execute an acknowledgment of such assumption under the terms of this lease on a form as provided by the Lake Lot Administration office. All forms provided for under this assignment provision may be recorded in Clay County, Texas, and shall be in a form to permit such recording. Any transfer of ownership occurring as a result of the death of Tenant under his or her Will, or the statutes of descent of distribution of the State of Texas, shall not be considered as assignment hereunder, and any such person taking ownership by virtue of the death of Tenant shall be bound by the obligations of this lease and PAGE 8 OF 20 PAGES AGENDA ITEM NO. 9.A

50 the rights hereunder. Any party acceding to the rights of Tenant as a result of the death of the Tenant shall file with the Lake Lot Administration office within one year of the Tenant's death, notice of such ownership and assume responsibilities and rights under the lease on a form as provided by the Lake Lot Administration office. b. Septic Inspection Required. Before any lease at the Lake is assigned, the Tenant- Assignee shall obtain an inspection of the septic system from an inspector approved by the Wichita County Public Health District demonstrating that the system is functioning as designed, is not a public health nuisance, and is in compliance with applicable laws. c. A lease on which there is a septic system that cannot pass inspection will only be transferred upon completion of a signed acknowledgment by the new Tenant- Transferee that the new Tenant-Transferee is aware of the failing septic system and will either repair the septic system or surrender the lease interest back to the City (with no reimbursement of rents paid) within 30 days of the transfer. 14. ROADS AND RIGHT-OF-WAYS. Landlord shall provide maintenance for the primary roads serving Premises; however, Landlord shall not be obligated to any specific standard of maintenance. Landlord is not obligated to use concrete, asphalt, or seal coat roadway surfacing. Landlord shall have the right to sublet the maintenance of such roads to Clay County or other responsible authorities. Tenant is granted a non-exclusive right-of-way over the roads, and if the leased premises do not adjoin the primary roads, the Tenant is granted the right-of-way from said primary roads to Premises. The Tenant shall be responsible for the maintenance of any such rights-of-way from the primary road to Premises. If Premises is adjacent to the waters of Lake Arrowhead, then Tenant is granted a non-exclusive right-of-way, and access between Premises and the waters of Lake Arrowhead. Such right-of-way, easement, and usage shall be in accordance with the rules and regulations adopted by the Landlord, and shall provide for the safety and non-pollution of the waters of Lake Arrowhead. Tenant expressly understands and agrees that if the Landlord decides to expend funds to improve the roads, that Landlord may, but is under no obligation to, expend funds to improve the roads, that Landlord may, but is under no obligation to, expend funds in excess of those realized from the rental received from Lake Arrowhead lease lot rentals on a per annum basis, less any amount expended to provide other services hereunder, and under similar leases. Landlord has sole discretion regarding any decision to improve the roads. 15. WATER LEVEL. It is further agreed and understood by and between the Landlord and Tenant that in the event, through appropriate action by the City Council of Wichita Falls, a determination is made to raise the water level in Lake Arrowhead by raising the dam thereof to a level that would cause PAGE 9 OF 20 PAGES AGENDA ITEM NO. 9.A

51 flooding of the leasehold rights of Tenant, then Landlord shall give Tenant notice in writing by a certified letter to the address of Tenant as reflected by the records of the Lake Lot Administration office set forth herein. The notice shall advise Tenant of the actions of the City Council of Wichita Falls and set a date for the removal of the improvements on Premises owned by Tenant which will be necessary as a result of the proposed action of the City Council of Wichita Falls. In the event Tenant fails to remove Tenant's property as provided for in said notice within 120 days or such additional time period as set by said notice, Landlord may remove the same and Tenant agrees to pay Landlord for the cost thereof, including the reasonable cost of supervision. 16. TAXES. Tenant agrees to pay and discharge all taxes and assessments which now or hereafter may be taxed, assessed, levied, or imposed upon Premises, any leasehold interests, or any improvements placed thereon. 17. FINANCING. The other provisions of this lease notwithstanding, Tenant may secure any obligation to finance improvements upon Premises by a lien upon such improvements and upon Tenant's rights in the Premises. A photocopy of any such obligations must be on file with the Lake Lot Administration's office, together with the current name and address of the lienholder, and the receipt of which shall be acknowledged by the Landlord by the execution of the "Consent to Mortgage of Leasehold Estate" form provided by the Lake Lot Administration office.. Landlord shall, provided that the "Consent to Mortgage of Leasehold Estate" form has been executed, notify the lienholder in writing of any default in Tenant's obligation under this lease. The lienholder shall have ninety 90 days upon receipt of said notice within which to cure said default and, should said default not be cured within such ninety 90 day period and should the lease be terminated as a result thereof, the lienholder shall have an additional 30 days to remove the improvements covered by the lien from Premises, provided that the condition of Premises shall not, as a result of such removal, be made substantially poorer than its condition at the commencement of the lease. Provided further that if the lienholder is authorized under the obligation executed by the Tenant, the lienholder may succeed to the rights of Tenant under the lease and assume the obligations of the Tenant and the rights of Tenant as provided for herein, including the reinstatement of the lease as provided for above. At the request of the Tenant and/or lienholder, all instruments involved in regard to such obligations, including the "Consent to Mortgage of Leasehold Estate," shall be in a form that may be recorded in Clay County, Texas. 18. SURVEY. The map on file in the office of the Lake Lot Administration of the City of Wichita Falls as to lots and blocks of Lake Arrowhead shall control as to the location of same and Landlord will be under no obligation to conduct a survey of Premises. If Tenant elects to conduct a survey of Premises at Tenant's cost and expense, then a copy thereof shall be furnished to the office of the Lake Lot Administration. PAGE 10 OF 20 PAGES AGENDA ITEM NO. 9.A

52 19. LIEN FOR RENTALS. Tenant agrees that all buildings or other improvements erected on Premises are charged with a lien in favor of the Landlord for payment of all rentals and/or fees provided for hereunder that may be owed by Tenant to the Landlord under this lease. Said lien shall be subject to any deed of Trust or Mechanic's Lien for the purchase price or construction of such buildings or improvements. 20. MISCELLANEOUS RULES AND REGULATIONS. Tenant agrees to obey the following rules and regulations: a. Tenant shall not use Premises at any time in any manner or for any purpose in conflict with or contrary to the penal statutes of the State or Federal government. b. Tenant shall not make any use of Premises which would constitute a nuisance. c. Tenant is under the absolute obligation to use Premises in a manner that shall prevent the pollution of the waters of Lake Arrowhead in any manner. d. Tenant shall comply with the publication Lake Arrowhead Rules, Regulations And Building Restrictions as provided by the office of Lake Lot Administration of the City of Wichita Falls including all existing or future amendments thereto. e. Tenant shall not erect any fences, walls, enclosures or any detached structure on any part of Premises so as to extend forward of the front building line or the setback lines of Premises without the written consent of the City. f. Upon discovery, the City may remove any unpermitted items, structures or improvements, including but not limited to fences, picnic shelters, storage buildings, piers, docks, boat houses, and crappie houses, which are found to be placed on any other property not on Premises. 21. USE OF WATER. a. Tenant may not use water drawn directly from the Lakes on Premises for any purposes, unless Tenant has a written permit from the City to do so. The City is under no obligation to issue Tenant such a permit. Should the City issue a water use permit to Tenant, Tenant shall pay an annual permit fee of $250 or as amended by Landlord via City of Wichita Falls current fee ordinance. Tenant agrees to abide by any and all water use rules set by Landlord for water drawn directly from the Lake. Landlord s water use rules will be consistent with the City of Wichita Falls drought policy. Tenants are limited to the use of a ¾ hp pump and a one-inch diameter discharge line for water extraction from the lake. b. Tenant shall not dig water wells on Premises. Tenant will be permitted to maintain any water well which was already in existence as of November 5, 2013, PAGE 11 OF 20 PAGES AGENDA ITEM NO. 9.A

53 provided the Tenant gives written notice to Landlord of the existence of the well within 30 days from the initial execution date of this lease. When written notice of a well has not been provided to Landlord, or if a well is created thereafter, Tenant shall cap and safely close the well at Tenant s expense within 30 days of a written order to do so by Landlord. c. Landlord shall inspect and permit all authorized wells on a yearly basis. The annual well permit shall be $100 or as amended by Landlord via the City of Wichita Falls current fee ordinance. 22. USE OF LAND BETWEEN THE LAKE SIDE ELEVATION LINE AND WATER LEVEL OF THE LAKES a. Applications for Limited Use Permits (1) Tenant shall make application for permits on proper forms obtained from the Lake Lot Administration office. b. Permits For Alteration of Reservoir Water Line. (1) Should Tenant desire to alter, change or realign the Lake water line on City property by channeling, digging, scraping or moving of earth, Tenant MUST first file application with plans with the Landlord and must obtain written approval by limited use permit prior to doing any work of this type. Any individual, organization, business entity, developer of real estate subdivisions or other party who desires to move earth below the spillway elevation must obtain any requested permits for the project from the U.S. Army Corps of Engineers, and must submit proof of same with any application for limited use permit from the City. (2) When it has been determined by the City that such plans are in order, approval may be given and a limited use permit issued to Tenant. (3) Tenant shall not dig or cut channels across the Lake Side Elevation Line. (4) As a general rule, filling will not be allowed between the 926 and the 930 feet contour elevations unless proper bulkheads are installed and maintained. Plans for such bulkheads must be received and approved in writing by the Landlord prior to any construction being permitted. c. Permits to Install and Construct Reservoir Structures. (1) Reservoir Structures will not be allowed on the Lake except by limited use permit granted by the City for such construction, and in accordance PAGE 12 OF 20 PAGES AGENDA ITEM NO. 9.A

54 with City specifications. All Reservoir Structures over water at the Lake will be inspected and permitted by the City or removed from City property. Boat houses and crappie houses may only be constructed at the Lake if such structures have windows or if they are not fully enclosed. (a) The owner must pay the annual permit fee. (b) The owner must maintain all reservoir structures in good condition. (c) If the boat or crappie house is deemed to be a contaminant or contributes to the contamination of the water supply by the City, or is required to be removed by any authorized governmental agency, all permits and permissions shall be canceled and immediate removal of the boat or crappie house shall be required at that time. (d) Boat and crappie houses must be readily accessible as reasonably necessary for inspection at all times by Landlord, and must have adequate windows for interior inspection, or Tenant must be onsite for any required inspection. d. Permits for Reservoir Structures will only be granted to Tenants of waterfront lots. e. Reservoir structures will be limited to a maximum total length of not more than 100 feet perpendicular to water line at the Spillway Elevation. Exceptions to this length requirement may be granted at this discretion of the City Staff after due consideration is given to the lay of the lots on which the Reservoir Structure will be located and the lay of surrounding lots. At no time will a Reservoir Structure be permitted that will constitute a hazard to navigation or use of the Reservoir or interfere with existing structures. f. All Reservoir Structures must be securely moored adjacent to the Tenant s leased lot in an approved manner at all times and anchored properly in order to prevent such from becoming unmoored and floating away during periods of high water or inclement weather. Installation of all Reservoir Structures are in all instances subject to the approval of the City. Metal barrels and metal drums will not be approved as buoyancy for Reservoir Structures. PAGE 13 OF 20 PAGES AGENDA ITEM NO. 9.A

55 g. No Reservoir Structure will contain sanitary facilities or, with the exception of boat and crappie houses, be enclosed. No Reservoir Structure shall contain living quarters of any kind. h. After inspection of property, review of plans contained in the application, and payment of prescribed fees, a building permit for a Reservoir Structure will be issued if the plans conform to the City s specifications. When the Reservoir Structure is completed, the owner will request, and the City will conduct a final building inspection, and upon approval by the City after final building inspection, Reservoir Structure tags will be issued by the City. One tag will be affixed to the Reservoir Structure so that the tag will be visible from the Reservoir and another tag will be affixed to the Reservoir Structure so that it may be seen from the road or street. i. Any unpermitted Reservoir Structure is subject to removal by the City with all costs assessed to tenant or owner of the Reservoir Structure. 23. GASOLINE AND OIL STORAGE a. Tenant will not dump petroleum products whatsoever or similar products shall at any time be dumped in, on or about Premises. 24. GARAGE AND YARD SALES a. Tenant may not conduct more than 4 garage and yard sales combined in any calendar years. b. No garage or yard sale will be conducted for more than 3 consecutive days. c. Signage will be permitted only on the Tenant s Premises and only during the days of the sale. 25. HUNTING. Tenant shall not hunt nor allow hunting on Premises. 26. PARKS AND BOAT RAMPS. The Landlord currently maintains numerous parks and boat ramps at Lake Arrowhead. The level of maintenance of these areas shall be determined solely by Landlord, and Landlord reserves the right to cease maintenance of these parks and boat ramps in the future. 27. BUILDING RESTRICTIONS a. Use of Premises (1) Tenant shall use Premises only for private single-family residence purposes. Tenant shall not install or maintain any store, flat or apartment house, though intended for residential purposes, nor erect or maintain any building of any kind whatsoever on Premises, except private PAGE 14 OF 20 PAGES AGENDA ITEM NO. 9.A

56 dwelling houses and such outbuildings as are customarily appurtenant to residence. (2) Tenant shall not allow occupancy of each dwelling house by more than a single family. b. Tenant shall not erect a residence more than two stories in height on Premises. c. No Temporary Structures. (1) Tenant shall not, temporarily or on a permanent basis, locate or otherwise maintain on Premises any temporary structure, tent, or motor vehicle; provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles on any portion of the garage driveways or the adjacent street located in front of the building limit or setline line of Premises. (2) Tenant shall not move a house from a different location onto Premises, without first receiving City approval in writing. (3) No residential use of motor homes and campers on Premises. No water or sewer connection shall be allowed to be connected to motor homes or campers. d. Limitation of Use of Garage as Residence. Tenant shall not allow occupancy of any garage or servant s house on Premises as a residence of any person. e. Tenant shall not participate in any criminal activity. f. Development Control. (1) Building Control. (a) Tenant shall not erect or maintain on Premises any building, outbuilding, fence, wall or other structure, or any addition thereto or change therein, unless and until the City approves the plans and specifications in writing in accordance with the procedure as hereinafter provided. (b) Tenant shall not erect or maintain on Premises any building, outbuilding, fence, wall or other structure, or any addition thereto or change therein, unless in compliance with the building and fire codes and other relevant regulations adopted by the City. (2) Approval of Building Plans. Tenant must obtain approval of all the building plans as submitted in writing from the Property/Lake Lot PAGE 15 OF 20 PAGES AGENDA ITEM NO. 9.A

57 Administration Office and from the Building Official of the City before construction is started. (3) Materials Control. (a) (b) (c) The City shall maintain control over types of materials to be used in construction in accordance with the building and fire codes and other relevant regulations adopted by the City. The City shall approve the construction materials for structures. The City shall approve the materials and grades for roofs. (4) Building Location. Tenant shall not erect any residence or part thereof on Premises nearer to the front street, or the side street, than the front building setback or the side building line of the plot on which said building may be erected, as shown by the plat, nor shall Tenant erect or maintain such residence or any part thereof nearer than 5 feet from the inside property line of such property; provided that the City may in its sole discretion authorize minor variations with respect to the building lines, but in no case shall such minor variations exceed six inches. (5) Minimum Square Footage. New construction on Premises of cabins or homes, and new installations of manufactured homes, must be a minimum of 1,000 square feet in size. (6) Permits for Work on Premises. (a) (b) Tenant shall obtain a permit from the City before engaging in dirt work, fence construction, drainage, and Reservoir Structures. Tenant must provide a simple drawing of the proposed work in order to obtain a permit. Tenant shall obtain a permit from the City Building Official for construction of structures or location of manufactured homes. Building permits may only be obtained from the Building Official after the Property/Lake Lot Administration Office has approved the project to be permitted. These permits are to be taken out in the order in which they are listed below: i. Building Permit: Before a building permit may be obtained, all plans including a floor plan, site plan and elevations must be approved by the Property/Lake Lot Administration Office and the Building Official. For PAGE 16 OF 20 PAGES AGENDA ITEM NO. 9.A

58 ii. manufactured home installations, Tenant must furnish a photograph and dimensions of the home with drawings showing the location of the home on the lot. Electrical Permit: An electrical permit will be necessary as required by the building codes of the City of Wichita Falls. iii. Plumbing Permit: A plumbing permit will be necessary as required by the building codes of the City of Wichita Falls 28. LEASE PAYMENTS AND TAXES a. Tenant is responsible to ensure that all payments are received on or prior to the due date. b. Lake lots are subject to county taxes. Tenant is responsible for all taxes for Premises. (1) Should Tenant transfer Premises, the Property/Lake Lot Administration Office will notify the county appraisal office for the county in which the lot is located. The information is updated monthly. Lease holders should check with the county appraisal district to ensure they have been added or removed from the tax rolls. c. Lease payments are due on or before September 30 of each year along with any additional fees associated with the lease. 29. BREACH OF COVENANTS. If Tenant breaches any express or implied covenant of this lease, the Landlord shall have the right to terminate this lease, giving the appropriate notices to Tenant as provided for herein. After the appropriate notices as provided for herein and the time periods have expired for late payment, or the time to cure breaches set forth by Landlord, has expired, then Landlord shall proceed to dispose of Tenant's interest in Premises in the following manner: Tenant shall have 60 days from the date of termination of the lease by Landlord in which to dispose of Tenant's leasehold rights by assignment or conveyance to person or persons acceptable to Landlord and provided that said person or persons shall satisfy the obligations of Tenant as set forth in the notice of termination. Or the Tenant may, at Tenant's election upon receipt of notice of termination, within sixty (60) days of the date of said notice, remove all improvements placed on Premises by Tenant, but in removing such improvements the Tenant will not damage to any extent any of the property belonging to Landlord or any other person. If Landlord has not made an assignment or conveyance, or elected to remove Tenant's improvements as provided for above within the time period provided, then Landlord shall have the right PAGE 17 OF 20 PAGES AGENDA ITEM NO. 9.A

59 to enter upon Premises and take possession thereof or at Landlord's option, sell to the highest bidder at either public or private sale, all of Tenant's interest in this lease and the improvements placed thereon. The receipts from the sale shall be applied first to the expense of holding the sale; second to any deed of Trust or Mechanic's Lien outstanding against any buildings or improvements placed on the improvements; third to any indebtedness owed by Tenant to Landlord; and the remainder, if any, shall be paid to Tenant and shall be received by Tenant as full payment of all rights, title and interest of Tenant in and to the leased premises and improvements thereon. Provided, however, that the time periods provided for above shall not prevent Landlord's right to immediate action to abate any nuisance on Premises. 30. LIABILITY FOR TERMINATION. In no event shall Landlord, its agents, servants, or employees be liable for any damages, breach of contract, or any action in the nature of trespass of any kind or character for terminating this lease as provided for herein. 31. INDEMNITY. Tenant represents and agrees that Tenant has thoroughly inspected Premises covered by this lease prior to execution of the lease Agreement, and has found no hazardous conditions which may cause injury to persons or damage to the property, and Tenant accepts Premises in such condition. Landlord makes no warranties, express or implied, concerning the condition of Premises. Tenant also agrees that Landlord shall not be liable in any manner for bodily injury or death to any person or damage to any property (including the person and property of Tenant) caused in whole or in part by any latent or patent condition or defect on the leased premises or as a result of flooding or high water or as a result of any act or omission of Tenant or Tenant's family members, guests, or licensees, and Tenant specifically agrees to indemnify and hold Landlord harmless from any such claims, demands, or suits for injuries or death to persons or damage to property, regardless of whether such injury, death, or damage was caused or contributed to in part by some act or omission by the Landlord, its officers, agents, or employees. 32. RIGHT OF ENTRY. Landlord, its agents, employees, or representatives may enter Premises at any reasonable time for the purpose of inspection to determine that the conditions or provisions of this lease are being fulfilled. 33. APPLICABLE LAW AND VENUE. This Agreement and all transactions made hereunder shall be construed and governed according to the laws of the State of Texas. Venue for any legal proceedings shall be in Wichita County, Texas. 34. ATTORNEY S FEES. If any action at law or in equity is necessary to enforce this lease agreement, each party agrees to pay its own attorney fees and will not seek to recover its attorneys fees and costs of court from the other party. Tenant expressly waives its statutory rights to recovery attorneys fees as outlined in Texas Local Govt. Code (a)(3) and Chapter 92 of the Texas Property Code, including but not limited to PAGE 18 OF 20 PAGES AGENDA ITEM NO. 9.A

60 35. LANDLORD'S SERVICES. The Landlord may designate other parties to perform the services provided for herein, including those to be performed by the Lake Lot Administration office. The Landlord, through the City Council of Wichita Falls, may adopt such additional rules and regulations as are appropriate and necessary to carry out the intent of this lease and similar leases. Notice of any changes in the parties responsible for Landlord's duties hereunder and the adoption of any such rules and regulations shall be made by certified mail to the last known address of Tenant, as provided for herein. 36. WAIVER OF RIGHTS. Tenant s rights, if any, that derive from judicial causes of action initiated in the 97 th District Court of Texas, and the Fort Worth Court of Appeals, including 85C- 101, CV, C-CV, and C-CV are hereby expressly waived by Tenant. 37. INVALID PROVISIONS. In the event any covenant, condition, or provision herein contained is held to be invalid by a court of competent jurisdiction, the validity of any such covenant, condition, or provision shall in no way affect any other covenant, condition, or provision. 38. ENTIRE AGREEMENT. This written contract constitutes the entire agreement between the parties. PAGE 19 OF 20 PAGES AGENDA ITEM NO. 9.A

61 Approved as to Form: City of Wichita Falls, Texas By: Assistant City Attorney Darron J. Leiker, City Manager Tenant Signature: Address City State Zip STATE OF TEXAS COUNTY OF WICHITA This instrument was executed and acknowledged before me this day of,, by Darron J. Leiker, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said city. Notary Public, State of Texas STATE OF TEXAS COUNTY OF WICHITA This instrument was executed and acknowledged before me this day of,, by. Notary Public, State of PAGE 20 OF 20 PAGES AGENDA ITEM NO. 9.A

62 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution adopting a new Lake Kickapoo Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances INITIATING DEPT: Community Development/Property Administration/Lake Lots COMMENTARY: Legal and Property/Lake Lot Administration have devoted many hours and edited many draft proposals to arrive at the new Lake Kickapoo Lease being presented for adoption. The purpose of the new Lake Kickapoo Lease is to incorporate all of the past resolutions and ordinances that have been passed since the beginning of the leases into the actual lease document as opposed to many of them only being in a rule book. It is an effort to offer a lease that is more transparent to the leaseholders that clearly defines their rights and obligations while also giving the City the authority as landlord to enforce compliance of said rules and regulations. Additionally, having the new leases in place will allow the City to have continuity and treat all leaseholders equally and in line with the current New Generation Lease rates. These rates are based on appraisals of land and other leases offered adjacent to bodies of water. The Rule Book will still be available to the leaseholders, but will address the more common areas of the Lake and more general issues. Staff recommends adoption of the new Lake Kickapoo Lease, to become effective upon adoption and requesting the City Manager be given authority to execute said leases. Assistant City Manager ASSOCIATED INFORMATION: Resolution, Lake Kickapoo Lease Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 19 PAGES AGENDA ITEM NO. 9.B

63 Resolution No. Resolution adopting a new Lake Kickapoo Lease for the purpose of incorporating all previously passed resolutions and ordinances applicable to lake leases that were published in the Lake Rules booklet and to establish continuity and compliance with City Codes and Ordinances WHEREAS, there have been many changes and updates to the rules, regulations, and requirements since the inception of the lake leases that are not included in the lease documents creating a hindrance to compliance; and, WHEREAS, it is the City s goal to offer a transparent lease that is consistent with the current New Generation leases and in line with the fair market rentals; and, WHEREAS, the Legal Department has reviewed, edited, and approved the requested leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Lake Kickapoo Lease has been approved as to form and the City Manager is hereby authorized to execute said leases as presented. The City Manager is authorized to set the term of each lease at 25, 30, or 40 year terms. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 19 PAGES AGENDA ITEM NO. 9.B

64 LAKE KICKAPOO LEASE STATE OF TEXAS COUNTY OF WICHITA This Lease Agreement, made and entered into on the day of,, by and between the City of Wichita Falls, a municipal corporation, acting through its City Manager, hereinafter called "Landlord", and of, hereinafter called "Tenant", WITNESSETH: Landlord does hereby lease to Tenant the following described real property located in Archer County, Texas, to wit: Lot No., Block Lake Kickapoo, Archer County, Texas, according to the map on file in the Lake Lot Administration office of the City of Wichita Falls, hereinafter called "Premises", upon the terms and conditions hereafter set out. l. GENERAL PURPOSE. The parties hereto (Landlord and Tenant) recognize and acknowledge that the primary purpose of Lake Kickapoo is to supply the City of Wichita Falls with water for human consumption. 2. DEFINITIONS. a. Lake Side Elevation Line means a line established as far as reasonable by a licensed engineer or surveyor at the 1050 foot contour elevation for Lake Kickapoo. The City of Wichita Falls shall be the final arbiter of the location of the Lake Side Elevation Line in any circumstance which requires its delineation. b. Reservoir means the water surface of the Lake and all waters thereunder. c. Reservoir Structure means piers, wharves, docks, barges, floating fences, boathouses, crappie houses and any and all other stationary or floating facilities on, in, or over the Reservoir. d. Spillway Elevation means the 1045 foot flood line elevation for Lake Kickapoo. 3. TERM. The term of this lease is for a period of years beginning on and ending on. If Tenant has maintained this lease in good force and effect, then upon the expiration thereof, the Tenant shall have the preferential right to acquire a continuing lease on Premises upon such terms and conditions as may then be offered by Landlord to Tenant at Lake Kickapoo. 4. RENTAL. Tenant agrees to pay Landlord as annual rental under this agreement the sum, said rental payable in advance of each year on or before PAGE 3 OF 19 PAGES AGENDA ITEM NO. 9.B

65 September 30 at the Lake Lot Administration office, 1300 Seventh Street, Wichita Falls, Texas, (or at such other place as may be designated in writing by the Landlord). The initial rental shall be prorated for the number of months from the date of this lease to the next September 30 due date. Landlord reserves the right to increase the rent in 2019, and each 5 years thereafter during the term of this lease, the Landlord may increase the annual rental by an amount that does not exceed 30% of the rate in effect for the preceding 5-year period, or less if during the initial term prior to September 30, The amount of the rate increase shall be set by the Landlord by action of the City Council of Wichita Falls. Notification shall be given to Tenant at least 90 days prior to the effective date of the rental rate increase. Failure to notify Tenant shall not affect the validity of any rental increase. 5. ADDRESSES. The address listed below Tenant's signature on this lease agreement shall be used for all notices and/or correspondence required between Landlord and Tenant. The Tenant shall notify the Landlord of any change of address of Tenant. Such changes of addresses shall be maintained in the files of the Lake Lot Administration office. All notifications hereunder will be presumed to be correct if sent to the Tenant's address as reflected by the records of the Lake Lot Administration office. Notices to the Landlord shall be to the Lake Lot Administration office unless otherwise designated by Landlord on a form provided by the Lake Lot Administration office and receipt thereof acknowledged by the Tenant. 6. RECORDING. Neither the Landlord nor the Tenant shall be required to record this lease in the records of Archer County, Texas; provided, however, that upon request by Tenant, the lease shall contain the appropriate acknowledgments which would permit recording in Archer County, Texas. If Tenant elects to record such lease, a copy thereof shall be furnished to the Lake Lot Administration office. Likewise, a change of address form or any subsequent amendment of this lease between Landlord and Tenant shall at the request of Tenant be in recordable form and may be recorded in like manner and filed with Lake Lot Administration office. 7. NOTIFICATION. Landlord shall not be required to send Tenant a notice of the annual rental payments due under this lease except for the rental increases as noted above. If Tenant fails to timely pay a rental under this lease, a late notice will be sent by the Lake Lot Administration office by certified mail to the last address of Tenant on file with the Lake Lot Administration office. The Tenant will have until October 31 to pay the delinquency, along with a late fee of $ or as amended by Landlord via the City of Wichita Falls current fee ordinance. If the payment of the delinquency and late fee are not received by the Lake Lot Administration office on or before October 31, this lease shall be deemed terminated without further action by Landlord. 8. NO COMMERCIAL USE. Tenant shall not use the Premises nor any part thereof for commercial purposes, but only for residential purposes. a. Signs PAGE 4 OF 19 PAGES AGENDA ITEM NO. 9.B

66 (1) Tenant shall not construct, maintain or permit any advertising or display sign, billboard or sign or advertising structure of any kind on Premises, except for garage sale signs pursuant to section 24. (2) Printed or painted signs advertising such improvements for sale larger than 16 square feet are only allowed with written consent of the Landlord. b. Private notices and advertisement are prohibited on Premises. 9. CONSTRUCTION. Buildings, structures, and facilities, installed or constructed on Premises, shall be of sound and substantial construction and be done in accordance with plans and specifications approved by Landlord. Plans for buildings, structures, and facilities shall meet the minimum standards provided for similar construction within the City of Wichita Falls, and shall be approved by the Building Inspection Department of the City of Wichita Falls prior to the construction or installation. Such plans and specifications shall be furnished by Tenant at Tenant's expense. All construction and improvements made to Premises shall comply with all applicable City, State, and Federal building, health, and sanitation rules and regulations. Tenant shall construct no building, structure, or facility without first obtaining a proper permit for such work from the applicable department of the City of Wichita Falls. All buildings, structures, and facilities shall be constructed substantially in accordance with the plans and specifications previously approved by Landlord in good and workmanlike manner, and Tenant shall keep same maintained in good repair and appearance. During the term of this lease, the Tenant agrees to correct any substandard or otherwise undesirable conditions resulting from failure to properly maintain structures, grounds, or facilities. If on the date of this lease, there are buildings, structures, and/or facilities located on Premises, the Landlord shall have the Building Inspection Department and such other departments as are appropriate, inspect the property to determine if such buildings, structures, and facilities meet the minimum standards set by the City of Wichita Falls. If such inspection reveals failure to meet such minimum standards, then a report shall be given to Tenant of the needed repairs to meet such standards. Tenant shall have 6 months after receipt of such inspection report to bring Premises up to the minimum standards set forth in the inspection report, provided that for good cause the City Council of Wichita Falls or its designated representative may extend such time period an additional six (6) months. Tenant shall pay the appropriate City fees for all permits and inspections save and except the initial inspection provided for above. Failure to comply with these requirements shall be cause for termination of this lease. 10. MAINTENANCE. PAGE 5 OF 19 PAGES AGENDA ITEM NO. 9.B

67 a. Tenant shall keep Premises clean of trash, rubbish, garbage, and waste matter of all kinds and will provide such facilities for the disposal of this matter as Landlord shall require. b. Tenant further agrees to maintain the shoreline, immediately adjacent land and water free of garbage, trash, or other waste. Tenant shall not discharge, nor allow to be discharged any waste of any kind into the waters of Lake Kickapoo, and agrees to abide by all rules, regulations, or other laws related to the maintenance of water quality in Lake Kickapoo as established by Landlord and other local, State, and Federal agencies with jurisdiction over same. Tenant shall indemnify Landlord for any cost associated with the clean-up of any pollution caused by Tenant's use of Premises. c. Tenant acknowledges that Landlord shall have no obligation to furnish any solid waste collection or disposal system. d. Tenant shall keep the weeds on Premises mowed to a height not exceeding nine (9) inches, and shall not allow or maintain on Premises any dangerous or dilapidated buildings, structures, or facilities as determined by Landlord in applying the applicable City of Wichita Falls and State rules and regulations. e. Tenant shall not maintain outdoor storage, as defined by Section or successor ordinance of the Code of Ordinances of the City of Wichita Falls, including but not limited to the accumulation of abandoned or junked vehicles, household furniture, appliances or parts thereof. f. Tenant will not burn refuse, garbage, trash, rubbish and waste on Premises as a means of disposal, except that brush, limbs, branches and vegetation waste may be burned on Premises as approved by county and state authority. g. Applications for Reservoir Structure permits must be accompanied by a materials list and a sketch showing location, dimensions and construction plans including method of anchoring to insure proper mooring at all times. There will be a onetime application fee of $25.00, and an annual inspection fee of $50.00 for all structures, except for boat and crappie houses, which will pay a $ annual inspection fee. Tenant agrees that Landlord has the right, from time to time, to modify fees via the City s fee ordinance. h. Wood members containing creosote or metal parts that are irradiated will not be approved for use at the Lake. PAGE 6 OF 19 PAGES AGENDA ITEM NO. 9.B

68 i. Landlord shall notify Tenant in writing of Tenant's failure to comply with any of the above provisions as to maintenance of Premises. Tenant shall have ten days in which to correct the situation set forth in the notice from Landlord (or longer period set by Landlord if such default is of a nature that it cannot be corrected within such period) and if Tenant fails to make necessary corrective action within said time period, then Landlord may make such corrections. Landlord shall be entitled to recover its costs of labor, materials, equipment, and administration in correcting such situation and payment shall be made within thirty (30) days of receipt of statement of such cost by Tenant. Tenant shall pay for any and all inspections after the initial inspection by Landlord at the rates provided for by the appropriate department of Landlord. In the alternative, Landlord may terminate this lease or choose other remedies available herein or by law. 11. SEWAGE DISPOSAL. Tenant shall be required to adhere to all City, State, and Federal environmental rules and regulations as to the sanitary disposal of sewage. As of the date of this lease, septic tanks shall be the only sewage disposal facility used on Premises, and such facilities shall be in accordance with the applicable City, State, and Federal requirements and be maintained in proper operating condition at all times. All sewage disposal systems shall be inspected at the beginning of the lease, when the lease is transferred, or whenever there is cause to believe that the sewage disposal system is in non-compliance with the applicable City, State, or Federal environmental rules and regulations as to sanitary disposal of sewage. Fees shall be assessed and paid by the Tenant to the Health Department or such other agency as is appropriate for conducting such inspections. 12. ANIMALS. a. Tenant shall not house poultry, cows, horses, or other livestock on Premises, unless approved in writing by the City of Wichita Falls, such as to be allowed on a temporary basis only. b. Tenant shall not breed and/or raise rabbits, chinchillas, dogs, or other domestic animals when raised as part of a breeding operation. c. Authorized pets must not cause a nuisance to other leaseholders or interfere with the public s use of public areas at the Lake. The Lake Lot Administration office will determine if a pet is a nuisance. d. Tenant shall restrain all household dogs indoors, kept in an enclosed fence, confined to a run, or held by a person on a leash e. Tenant shall maintain no more than four household pets in total on Premises. PAGE 7 OF 19 PAGES AGENDA ITEM NO. 9.B

69 f. A breeding operation will be deemed in effect when the population of any species of animal on any lot reaches five. 13. ASSIGNMENT. a. Tenant shall have the right to assign or convey Tenant's leasehold rights hereunder as to Premises, provided that such assignment or conveyance shall be filed in the office of the Lake Lot Administration. No assignment or conveyance shall be effective until such time as Premises have been inspected and found to be in compliance with the terms and provisions of this lease, and payment has been made of a transfer fee of $ or as amended by Landlord via City of Wichita Falls current fee ordinance, and all inspection fees as appropriate hereunder. Tenant shall remain primarily responsible for the terms and provisions hereunder until such time as the assignment or conveyance has been approved as provided for herein for the payment of the appropriate charges. The party assuming the rights and responsibilities of Tenant hereunder by such assignment or conveyance shall execute an acknowledgment of such assumption under the terms of this lease on a form as provided by the Lake Lot Administration office. All forms provided for under this assignment provision may be recorded in Archer County, Texas, and shall be in a form to permit such recording. Any transfer of ownership occurring as a result of the death of Tenant under his or her Will, or the statutes of descent of distribution of the State of Texas, shall not be considered as assignment hereunder, and any such person taking ownership by virtue of the death of Tenant shall be bound by the obligations of this lease and the rights hereunder. Any party acceding to the rights of Tenant as a result of the death of the Tenant shall file with the Lake Lot Administration office within one year of the Tenant's death, notice of such ownership and assume responsibilities and rights under the lease on a form as provided by the Lake Lot Administration office. b. Septic Inspection Required. Before any lease at the Lake is assigned, the Tenant- Assignee shall obtain an inspection of the septic system from an inspector approved by the Wichita County Public Health District demonstrating that the system is functioning as designed, is not a public health nuisance, and is in compliance with applicable laws. c. A lease on which there is a septic system that cannot pass inspection will only be transferred upon completion of a signed acknowledgment by the new Tenant- PAGE 8 OF 19 PAGES AGENDA ITEM NO. 9.B

70 Transferee that the new Tenant-Transferee is aware of the failing septic system and will either repair the septic system or surrender the lease interest back to the City (with no reimbursement of rents paid) within 30 days of the transfer. 14. ROADS AND RIGHTS-OF-WAY. Landlord shall provide maintenance for the primary roads serving Premises; however, Landlord shall not be obligated to any specific standard of maintenance. Landlord is not obligated to use concrete, asphalt, or seal coat roadway surfacing. Landlord shall have the right to sublet the maintenance of such roads to Archer County or other responsible authorities. Tenant is granted a non-exclusive right-of-way over the roads, and if the leased premises do not adjoin the primary roads, the Tenant is granted the right-of-way from said primary roads to Premises. The Tenant shall be responsible for the maintenance of any such rights-of-way from the primary road to Premises. If Premises is adjacent to the waters of Lake Kickapoo, then Tenant is granted a non-exclusive right-of-way, and access between Premises and the waters of Lake Kickapoo. Such right-of-way, easement, and usage shall be in accordance with the rules and regulations adopted by the Landlord, and shall provide for the safety and non-pollution of the waters of Lake Kickapoo. Tenant expressly understands and agrees that if the Landlord decides to expend funds to improve the roads, that Landlord may, but is under no obligation to, expend funds to improve the roads, that Landlord may, but is under no obligation to, expend funds in excess of those realized from the rental received from Lake Kickapoo lease lot rentals on a per annum basis, less any amount expended to provide other services hereunder, and under similar leases. Landlord has sole discretion regarding any decision to improve the roads. 15. WATER LEVEL. It is further agreed and understood by and between the Landlord and Tenant that in the event, through appropriate action by the City Council of Wichita Falls, a determination is made to raise the water level in Lake Kickapoo by raising the dam thereof to a level that would cause flooding of the leasehold rights of Tenant, then Landlord shall give Tenant notice in writing by a certified letter to the address of Tenant as reflected by the records of the Lake Lot Administration office set forth herein. The notice shall advise Tenant of the actions of the City Council of Wichita Falls and set a date for the removal of the improvements on Premises owned by Tenant which will be necessary as a result of the proposed action of the City Council of Wichita Falls. In the event Tenant fails to remove Tenant's property as provided for in said notice within one hundred twenty (120) days or such additional time period as set by said notice, Landlord may remove the same and Tenant agrees to pay Landlord for the cost thereof, including the reasonable cost of supervision. 16. TAXES. Tenant agrees to pay and discharge all taxes and assessments which now or hereafter may be taxed, assessed, levied, or imposed upon Premises, any leasehold interests, or any improvements placed thereon. PAGE 9 OF 19 PAGES AGENDA ITEM NO. 9.B

71 17. FINANCING. The other provisions of this lease notwithstanding, Tenant may secure any obligation to finance improvements upon Premises by a lien upon such improvements and upon Tenant's rights in the lease premises. Photocopy of any such obligations must be on file with the Lake Lot Administration's office, together with the current name and address of the lienholder, and the receipt of which shall be acknowledged by the Landlord by the execution of the "Consent to Mortgage of Leasehold Estate" form provided by the office of the Lake Lot Administration office. Landlord shall, provided that the "Consent to Mortgage of Leasehold Estate" form has been executed, notify the lienholder in writing of any default in Tenant's obligation under this lease. The lienholder shall have ninety 90 days upon receipt of said notice within which to cure said default and, should said default not be cured within such ninety 90 day period and should the lease be terminated as a result thereof, the lienholder shall have an additional 30 days to remove the improvements covered by the lien from Premises, provided that the condition of Premises shall not, as a result of such removal, be made substantially poorer than its condition at the commencement of the lease. Provided further that if the lienholder is authorized under the obligation executed by the Tenant, the lienholder may succeed to the rights of Tenant under the lease and assume the obligations of the Tenant and the rights of Tenant as provided for herein, including the reinstatement of the lease as provided for above. At the request of the Tenant and/or lienholder, all instruments involved in regard to such obligations, including the "Consent to Mortgage of Leasehold Estate," shall be in a form that may be recorded in Archer County, Texas. 18. SURVEY. The map on file in the office of the Lake Lot Administration of the City of Wichita Falls as to lots and blocks of Lake Kickapoo shall control as to the location of same and Landlord will be under no obligation to conduct a survey of Premises. If Tenant elects to conduct a survey of Premises at Tenant's cost and expense, then a copy thereof shall be furnished to the office of the Lake Lot Administration. 19. LIEN FOR RENTALS. Tenant agrees that all buildings or other improvements erected on Premises are charged with a lien in favor of the Landlord for payment of all rentals and/or fees provided for hereunder that may be owed by Tenant to the Landlord under this lease. Said lien shall be subject to any deed of Trust or Mechanic's Lien for the purchase price or construction of such buildings or improvements. 20. MISCELLANEOUS RULES AND REGULATIONS. Tenant agrees to obey the following rules and regulations: a. Tenant shall not use Premises at any time in any manner or for any purpose in conflict with or contrary to the penal statutes of the State or Federal government. b. Tenant shall not make any use of Premises which would constitute a nuisance. PAGE 10 OF 19 PAGES AGENDA ITEM NO. 9.B

72 c. Tenant is under the absolute obligation to use Premises in a manner that shall prevent the pollution of the waters of Lake Kickapoo in any manner. d. Tenant shall comply with the publication Lake Arrowhead Rules, Regulations And Building Restrictions as provided by the office of Lake Lot Administration of the City of Wichita Falls including all existing or future amendments thereto. e. Tenant shall not erect any fences, walls, enclosures or any detached structure on any part of Premises so as to extend forward of the front building line or the setback lines of Premises without the written consent of the City. f. Upon discovery, the City may remove any unpermitted items, structures or improvements, including but not limited to fences, picnic shelters, storage buildings, piers, docks, boat houses, and crappie houses, which are found to be placed on any other property not on Premises. 21. USE OF WATER. a. Tenant may not use water drawn directly from the Lakes on Premises for any purposes, unless Tenant has a written permit from the City to do so. The City is under no obligation to issue Tenant such a permit. Should the City issue a water use permit to Tenant, Tenant shall pay an annual permit fee of $250 or as amended by Landlord via City of Wichita Falls current fee ordinance. Tenant agrees to abide by any and all water use rules set by Landlord for water drawn directly from the Lake. Landlord s water use rules will be consistent with the City of Wichita Falls drought policy. Tenants are limited to the use of a ¾ hp pump and a one-inch diameter discharge line for water extraction from the lake. b. Tenant shall not dig water wells on Premises. Tenant will be permitted to maintain any water well which was already in existence as of November 5, 2013, provided the Tenant gives written notice to Landlord of the existence of the well within 30 days from the initial execution date of this lease. When written notice of a well has not been provided to Landlord, or if a well is created thereafter, Tenant shall cap and safely close the well at Tenant s expense within 30 days of a written order to do so by Landlord. c. Landlord shall inspect and permit all authorized wells on a yearly basis. The annual well permit shall be $100 or as amended by Landlord via the City of Wichita Falls current fee ordinance. 22. USE OF LAND BETWEEN THE LAKE SIDE ELEVATION LINE AND WATER LEVEL OF THE LAKES PAGE 11 OF 19 PAGES AGENDA ITEM NO. 9.B

73 a. Applications for Limited Use Permits (1) Tenant shall make application for permits on proper forms obtained from the Property/Lake Lot Administration Office of the City. b. Permits For Alteration of Reservoir Water Line. (1) Should Tenant desire to alter, change or realign the Lake water line on City property by channeling, digging, scraping or moving of earth, Tenant MUST first file application with plans with the City and must obtain written approval by limited use permit prior to doing any work of this type. Any individual, organization, business entity, developer of real estate subdivisions or other party who desires to move earth below the spillway elevation must obtain any requested permits for the project from the U.S. Army Corps of Engineers, and must submit proof of same with any application for limited use permit from Landlord. (2) When it has been determined by the City that such plans are in order, approval may be given and a limited use permit issued to Tenant. (3) Tenant shall not dig or cut channels across the Lake Side Elevation Line. (4) As a general rule, filling will not be allowed between the 1045 and the 1050 feet contour elevations unless proper bulkheads are installed and maintained. Plans for such bulkheads must be received and approved in writing by Landlord prior to any construction being permitted. c. Permits to Install and Construct Reservoir Structures. (1) Reservoir Structures will not be allowed on the Lake except by limited use permit granted by the City for such construction, and in accordance with City specifications. All Reservoir Structures over water at the Lake will be inspected and permitted by the City or removed from City property. Boat houses and crappie houses may only be constructed at the Lake if such structures have windows or if they are not fully enclosed. (a) The owner must pay the annual permit fee. (b) (c) The owner must maintain all reservoir structures in good condition. If the boat or crappie house is deemed to be a contaminant or contributes to the contamination of the water supply by the City, or is required to be removed by any authorized governmental agency, all permits and permissions shall be canceled and PAGE 12 OF 19 PAGES AGENDA ITEM NO. 9.B

74 immediate removal of the boat or crappie house shall be required at that time. (d) Boat and crappie houses must be readily accessible as reasonably necessary for inspection at all times by Landlord, and must have adequate windows for interior inspection, or Tenant must be onsite for any required inspection. d. Permits for Reservoir Structures will only be granted to Tenants of waterfront lots. e. Reservoir structures will be limited to a maximum total length of not more than 100 feet perpendicular to water line at the Spillway Elevation. Exceptions to this length requirement may be granted at this discretion of the City Staff after due consideration is given to the lay of the lots on which the Reservoir Structure will be located and the lay of surrounding lots. At no time will a Reservoir Structure be permitted that will constitute a hazard to navigation or use of the Reservoir or interfere with existing structures. f. All Reservoir Structures must be securely moored adjacent to the Tenant s leased lot in an approved manner at all times and anchored properly in order to prevent such from becoming unmoored and floating away during periods of high water or inclement weather. Installation of all Reservoir Structures are in all instances subject to the approval of the City. Metal barrels and metal drums will not be approved as buoyancy for Reservoir Structures. g. No Reservoir Structure will contain sanitary facilities or, with the exception of boat and crappie houses, be enclosed. No Reservoir Structure shall contain living quarters of any kind. h. After inspection of property, review of plans contained in the application, and payment of prescribed fees, a building permit for a Reservoir Structure will be issued if the plans conform to the City s specifications. When the Reservoir Structure is completed, the owner will request, and the City will conduct a final building inspection, and upon approval by the City after final building inspection, Reservoir Structure tags will be issued by the City. One tag will be affixed to the Reservoir Structure so that the tag will be visible from the Reservoir and another tag will be affixed to the Reservoir Structure so that it may be seen from the road or street. PAGE 13 OF 19 PAGES AGENDA ITEM NO. 9.B

75 i. Any unpermitted Reservoir Structure is subject to removal by the City with all costs assessed to tenant or owner of the Reservoir Structure. 23. GASOLINE AND OIL STORAGE a. Tenant will not dump petroleum products whatsoever or similar products shall at any time be dumped in, on or about Premises. 24. GARAGE AND YARD SALES a. Tenant may not conduct more than 4 garage and yard sales combined in any calendar year. b. No garage or yard sale will be conducted for more than 3 consecutive days. c. Signage will be permitted only on the Tenant s Premises and only during the days of the sale. 25. HUNTING. Tenant shall not hunt nor allow hunting on Premises. 26. PARKS AND BOAT RAMPS. The Landlord currently maintains one boat ramp at Lake Kickapoo. The level of maintenance of these areas shall be determined solely by Landlord, and Landlord reserves the right to cease maintenance of these parks and boat ramps in the future. 27. BUILDING RESTRICTIONS a. Use of Premises (1) Tenant shall use Premises only for private single-family residence purposes. Tenant shall not install or maintain any store, flat or apartment house, though intended for residential purposes, nor erect or maintain any building of any kind whatsoever on Premises, except private dwelling houses and such outbuildings as are customarily appurtenant to residence. (2) Tenant shall not allow occupancy of each dwelling house by more than a single family. b. Tenant shall not erect a residence more than two stories in height on Premises. c. No Temporary Structures. (1) Tenant shall not, temporarily or on a permanent basis, locate or otherwise maintain on Premises any temporary structure, tent, or motor vehicle; provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles on any portion of the garage driveways or the adjacent street located in front of the building limit or setline line of Premises. PAGE 14 OF 19 PAGES AGENDA ITEM NO. 9.B

76 (2) Tenant shall not move a house from a different location onto Premises, without first receiving City approval in writing. (3) No residential use of motor homes and campers on Premises. No water or sewer connection shall be allowed to be connected to motor homes or campers. d. Limitation of Use of Garage as Residence. Tenant shall not allow occupancy of any garage or servant s house on Premises as a residence of any person. e. Tenant shall not participate in any criminal activity. f. Development Control. (1) Building Control. (a) Tenant shall not erect or maintain on Premises any building, outbuilding, fence, wall or other structure, or any addition thereto or change therein, unless and until the City approves the plans and specifications in writing in accordance with the procedure as hereinafter provided. (b) Tenant shall not erect or maintain on Premises any building, outbuilding, fence, wall or other structure, or any addition thereto or change therein, unless in compliance with the building and fire codes and other relevant regulations adopted by the City. (2) Approval of Building Plans. Tenant must obtain approval of all the building plans as submitted in writing from the Property/Lake Lot Administration Office and from the Building Official of the City before construction is started. (3) Materials Control. (a) The City shall maintain control over types of materials to be used in construction in accordance with the building and fire codes and other relevant regulations adopted by the City. (b) The City shall approve the construction materials for structures. (c) The City shall approve the materials and grades for roofs. (4) Building Location. Tenant shall not erect any residence or part thereof on Premises nearer to the front street, or the side street, than the front building setback or the side building line of the plot on which said building may be erected, as shown by the plat, nor shall Tenant erect or PAGE 15 OF 19 PAGES AGENDA ITEM NO. 9.B

77 maintain such residence or any part thereof nearer than 5 feet from the inside property line of such property; provided that the City may in its sole discretion authorize minor variations with respect to the building lines, but in no case shall such minor variations exceed six inches. (5) Minimum Square Footage. New construction on Premises of cabins or homes, and new installations of manufactured homes, must be a minimum of 1,000 square feet in size. (6) Permits for Work on Premises. (a) Tenant shall obtain a permit from the City before engaging in dirt work, fence construction, drainage, and Reservoir Structures. Tenant must provide a simple drawing of the proposed work in order to obtain a permit. (b) Tenant shall obtain a permit from the City Building Official for construction of structures or location of manufactured homes. Building permits may only be obtained from the Building Official after the Property/Lake Lot Administration Office has approved the project to be permitted. These permits are to be taken out in the order in which they are listed below: i. Building Permit: Before a building permit may be obtained, all plans including a floor plan, site plan and elevations must be approved by the Property/Lake Lot Administration Office and the Building Official. For manufactured home installations, Tenant must furnish a photograph and dimensions of the home with drawings showing the location of the home on the lot. ii. Electrical Permit: An electrical permit will be necessary as required by the building codes of the City of Wichita Falls. iii. Plumbing Permit: A plumbing permit will be necessary as required by the building codes of the City of Wichita Falls 28. LEASE PAYMENTS AND TAXES a. Tenant is responsible to ensure that all payments are received on or prior to the due date. PAGE 16 OF 19 PAGES AGENDA ITEM NO. 9.B

78 b. Lake lots are subject to county taxes. Tenant is responsible for all taxes for Premises. (1) Should Tenant transfer Premises, the Property/Lake Lot Administration Office will notify the county appraisal office for the county in which the lot is located. The information is updated monthly. Lease holders should check with the county appraisal district to ensure they have been added or removed from the tax rolls. c. Lease payments are due on or before September 30 of each year along with any additional fees associated with the lease. 29. BREACH OF COVENANTS. If Tenant breaches any express or implied covenant of this lease, the Landlord shall have the right to terminate this lease, giving the appropriate notices to Tenant as provided for herein. After the appropriate notices as provided for herein and the time periods have expired for late payment, or the time to cure breaches set forth by Landlord, has expired, then Landlord shall proceed to dispose of Tenant's interest in Premises in the following manner: Tenant shall have 60 days from the date of termination of the lease by Landlord in which to dispose of Tenant's leasehold rights by assignment or conveyance to person or persons acceptable to Landlord and provided that said person or persons shall satisfy the obligations of Tenant as set forth in the notice of termination. Or the Tenant may, at Tenant's election upon receipt of notice of termination, within 60 days of the date of said notice, remove all improvements placed on Premises by Tenant, but in removing such improvements the Tenant will not damage to any extent any of the property belonging to Landlord or any other person. If Landlord has not made an assignment or conveyance, or elected to remove Tenant's improvements as provided for above within the time period provided, then Landlord shall have the right to enter upon Premises and take possession thereof or at Landlord's option, sell to the highest bidder at either public or private sale, all of Tenant's interest in this lease and the improvements placed thereon. The receipts from the sale shall be applied first to the expense of holding the sale; second to any deed of Trust or Mechanic's Lien outstanding against any buildings or improvements placed on the improvements; third to any indebtedness owed by Tenant to Landlord; and the remainder, if any, shall be paid to Tenant and shall be received by Tenant as full payment of all rights, title and interest of Tenant in and to the leased premises and improvements thereon. Provided, however, that the time periods provided for above shall not prevent Landlord's right to immediate action to abate any nuisance on Premises. 30. LIABILITY FOR TERMINATION. In no event shall Landlord, its agents, servants, or employees be liable for any damages, breach of contract, or any action in the nature of trespass of any kind or character for terminating this lease as provided for herein. PAGE 17 OF 19 PAGES AGENDA ITEM NO. 9.B

79 31. INDEMNITY. Tenant represents and agrees that Tenant has thoroughly inspected Premises covered by this lease prior to execution of the lease Agreement, and has found no hazardous conditions which may cause injury to persons or damage to the property, and Tenant accepts Premises in such condition. Landlord makes no warranties, express or implied, concerning the condition of Premises. Tenant also agrees that Landlord shall not be liable in any manner for bodily injury or death to any person or damage to any property (including the person and property of Tenant) caused in whole or in part by any latent or patent condition or defect on the leased premises or as a result of flooding or high water or as a result of any act or omission of Tenant or Tenant's family members, guests, or licensees, and Tenant specifically agrees to indemnify and hold Landlord harmless from any such claims, demands, or suits for injuries or death to persons or damage to property, regardless of whether such injury, death, or damage was caused or contributed to in part by some act or omission by the Landlord, its officers, agents, or employees. 32. RIGHT OF ENTRY. Landlord, its agents, employees, or representatives may enter Premises at any reasonable time for the purpose of inspection to determine that the conditions or provisions of this lease are being fulfilled. 33. APPLICABLE LAW AND VENUE. This Agreement and all transactions made hereunder shall be construed and governed according to the laws of the State of Texas. Venue for any legal proceedings shall be in Wichita County, Texas. 34. ATTORNEY S FEES. If any action at law or in equity is necessary to enforce this lease agreement, each party agrees to pay its own attorney fees and will not seek to recover its attorneys fees and costs of court from the other party. Tenant expressly waives its statutory rights to recovery attorneys fees as outlined in Texas Local Govt. Code (a)(3) and Chapter 92 of the Texas Property Code, including but not limited to LANDLORD'S SERVICES. The Landlord may designate other parties to perform the services provided for herein, including those to be performed by the Lake Lot Administration office. The Landlord, through the City Council of Wichita Falls, may adopt such additional rules and regulations as are appropriate and necessary to carry out the intent of this lease and similar leases. Notice of any changes in the parties responsible for Landlord's duties hereunder and the adoption of any such rules and regulations shall be made by certified mail to the last known address of Tenant, as provided for herein. 36. INVALID PROVISIONS. In the event any covenant, condition, or provision herein contained is held to be invalid by a court of competent jurisdiction, the validity of any such covenant, condition, or provision shall in no way affect any other covenant, condition, or provision. 37. ENTIRE AGREEMENT. This written contract constitutes the entire agreement between the parties. PAGE 18 OF 19 PAGES AGENDA ITEM NO. 9.B

80 Approved as to Form: City of Wichita Falls, Texas By: Assistant City Attorney Darron J. Leiker, City Manager Tenant Signature: Address STATE OF TEXAS COUNTY OF WICHITA City State Zip This instrument was executed and acknowledged before me this day of,, by Darron J. Leiker, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said city. Notary Public, State of Texas STATE OF TEXAS COUNTY OF WICHITA This instrument was executed and acknowledged before me this day of,, by. Notary Public, State of PAGE 19 OF 19 PAGES AGENDA ITEM NO. 9.B

81 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution authorizing the City Manager to execute an agreement with the Wichita Falls ISD and the City View Independent School District to conduct a Joint Election on May 9, 2015 INITIATING DEPT: City Clerk COMMENTARY: Section of the Education Code, enacted in House Bill 1, 79 th Legislature, requires independent school districts to conduct their general election for trustees jointly with either a city within the ISD boundaries or with a county. The City View ISD and the Wichita Falls ISD have both requested a Joint Election with the City of Wichita Falls on May 9, The City Clerk will be the Joint Elections Administrator and Early Voting Clerk for both entities. Specific details are set out in the attached Agreement. As you will see in this agreement, there will be ONE early voting location this year. Also, the payment for the election judges will be increased to equal what the county pays. City Clerk ASSOCIATED INFORMATION: Resolution, Joint Election Agreement with Exhibits A-C Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 11 PAGES AGENDA ITEM NO. 9.C

82 Resolution No. Resolution authorizing the City Manager to execute an agreement with the Wichita Falls Independent School District and the City View Independent School District to conduct a Joint Election on May 9, 2015 WHEREAS, the City of Wichita Falls (City), Wichita Falls Independent School District (WFISD), and City View Independent School District (CVISD) will hold elections on May 9, 2015; and, WHEREAS, it is the desire of the City, the WFISD, and the CVISD to conduct a joint election to comply with Education Code, Section , and to reduce the costs of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Joint Election Agreement between the City of Wichita Falls, the Wichita Falls Independent School District, and the City View Independent School District is hereby approved, and the City Manager is authorized to execute said agreement for the City of Wichita Falls. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 11 PAGES AGENDA ITEM NO. 9.C

83 JOINT ELECTION AGREEMENT This agreement is made and entered into this day of, 2015 between the City of Wichita Falls ( City ), the Wichita Falls Independent School District ( WFISD ) and the City View Independent School District ( CVISD ) to conduct a joint election. I. JURISDICTION The City plans to hold a City Council Election on May 9, 2015, in Wichita County voting precincts for the purpose of electing a Councilor At-Large, Councilor District 1, and Councilor District 2. The City also plans to hold a Special Election on May 9, 2015 to consider a proposition to sell surplus park property. The WFISD Board of Trustees plans to hold a Bond Election on May 9, 2015, in Wichita County voting precincts. The CVISD Board of Trustees plans to hold a Board of Trustees Election on May 9, 2015 in Wichita County voting precincts for the purpose of electing three At-Large School Trustees. II. ADMINISTRATION The City of Wichita Falls Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. The WFISD and CVISD agree to pay the City for equipment, supplies, services and administrative costs as outlined in this agreement. The City of Wichita Falls Elections Administrator will serve as administrator for this election; however, each participating authority remains responsible for the lawful conduct of their respective election. III. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. If preclearance obligations are reinstituted by law, the City of Wichita Falls will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the joint election. A copy of the submission will be furnished to the WFISD and CVISD. Any other changes which require preclearance by the U.S. Department of Justice will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. PAGE 3 OF 11 PAGES AGENDA ITEM NO. 9.C

84 IV. VOTING SYSTEM Each participating authority agrees that voting at the joint election is expected to be by use of the Hart eslate Voting System (Direct Recording Electronic {DRE}) equipment approved by the Secretary of State in accordance with the Texas Election Code. Electronic tabulating devices and equipment is expected to be used to tabulate the ballots. It is further agreed that the City will provide transfer cases for use during the early voting process and for use at each of the regular polling places located within the city on Election Day. Hart Intercivic is expected to be responsible for the preparation of programs and the Wichita County Voter Registration Department is expected to be responsible for the testing of the eslate Voting System used for tabulating the ballots. Testing of the equipment is expected to be conducted at the Wichita County Voter Registration Department, 900 Seventh Street, Wichita Falls, Texas on April 22, 2015 at 1:00 p.m. The City of Wichita Falls expects to lease eslate voting devices from Wichita County for the election. V. VOTING LOCATIONS It is agreed by the participating authorities that early voting for the May 9, 2015, election will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas. It is further agreed by the participating authorities that the polling places used on Election Day shall be the polling places identified on Exhibits A, B, and C attached hereto and incorporated herein. Changes to precincts and polling places may be made by each party to this document as permitted by law without affecting the validity of this document, but shall be clearly and promptly communicated to the other parties in writing. Increases in expenditures necessitated by any such change to precincts or polling places shall be borne entirely by the entity changing said precinct or polling place. VI. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The City will be responsible for the appointment of the presiding judge and alternate for each polling location, and also for the appointment of the Early Voting Ballot Board. It is agreed by the participating authorities to employ the number of election judges and clerks as the need determines, and that election judges shall be paid $9.00 $12.00 per hour, alternate judge shall be paid $11.00 per hour, and election clerks shall be paid $8.00 $8.50 per hour. Each election judge will receive an additional $25.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to their designated drop-off site. It is further agreed by the participating authorities to employ up to ten early voting clerks during the early voting period (April 27, May 5, 2015). The City of Wichita Falls Elections Administrator is responsible for notifying all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, PAGE 4 OF 11 PAGES AGENDA ITEM NO. 9.C

85 and will take the necessary steps to ensure that all election judges appointed for the joint election are eligible to serve. The presiding judges, with the Elections Administrator s assistance, will be responsible for ensuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. The City of Wichita Falls Elections Administrator will conduct a training class for the election workers on the election laws and procedures. The instructional class will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas 76301, on date(s) to be determined by the Wichita Falls Elections Administrator. The election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator (which will be set forth in the election judge letter requesting service for this election). VII. SUPPLIES AND PRINTING The City of Wichita Falls Elections Administrator will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. The WFISD and CVISD will furnish the City of Wichita Falls Elections Administrator the ballot wording for the bond election and/or a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. This will be done as soon as possible after the election is ordered or after ballot positions have been determined by the WFISD and CVISD. VIII. BALLOT TABULATION AND RETURNS OF ELECTION The City will be responsible for the tabulation of ballots and the tabulation of early votes at the central counting station, Wichita County Courthouse, 900 Seventh Street, Wichita Falls, Texas. Following the tabulation of ballots on Saturday, May 9, the WFISD and CVISD are responsible for obtaining the unofficial results from the Elections Administrator. The Elections Administrator will prepare the following election records to be returned to the WFISD and CVISD no later than 5:00 p.m. May 15, 2015: [1] precinct-by-precinct returns in early voting and on Election Day; and [2] copy of the Combination Form (Poll List/Signature Roster) from each polling location, and for early voting. The WFISD and CVISD will be responsible for securing these records from the City by the date and time specified above. IX. RECORDS OF ELECTION Tracy Norr, City of Wichita Falls City Clerk/Elections Administrator, is hereby appointed general custodian of the voted ballots and all records of the Joint Election, as authorized by Section of the Texas Election Code. PAGE 5 OF 11 PAGES AGENDA ITEM NO. 9.C

86 Access to the election records will be available to each participating authority as well as to the public, in accordance with the Texas Election Code and Texas Public Information Act at the City of Wichita Falls, City Clerk s Office, 1300 Seventh Street, at any time during normal business hours. The Elections Administrator shall ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. Records of the election will be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. On the first business day which follows the date that the records of the election are eligible for destruction, the Elections Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen days of receipt of the Elections Administrator s notice of intent to destroy the records, each participating authority will provide the Elections Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. X. ELECTIONS EXPENSES The participating authorities agree the costs of administering the May 9, 2015, election shall be borne 70% by the WFISD, 20% by the CVISD, and 10% by the City. The WFISD and CVISD agree to remit to the City, no later than April 24, 2015, a sum equal to 50% of their total estimated cost of election expenses. Final election expenses will be determined within thirty (30) days after the canvass of the election returns, and the City will provide the WFISD and CVISD with a final accounting. It is agreed that the remaining balance owed will be remitted to the City no later than thirty (30) days after receipt of the final accounting. In addition to payment of 70% of the election expenses, the WFISD agrees: (1) No charges or expenses shall be assessed by WFISD for janitorial services or HVAC expenses incurred by WFISD on Election Day for school premises; (2) To pay the costs incurred by the City to hire one person to assist the City Clerk during the Election preparation period of March 1, 2015 May 9, 2015, to the extent the City Clerk determines that such an assistant has become necessary to assist in preparation. The assistant shall be paid an hourly rate not to exceed $9 per hour, not to exceed 300 hours. The expense for this assistant shall not be included as an election expense in determining the 70%/20%/10% division of expenses between the parties. PAGE 6 OF 11 PAGES AGENDA ITEM NO. 9.C

87 XI. EARLY VOTING Tracy Norr, City Clerk, will be appointed as joint early voting clerk in compliance with Section of the Texas Election Code. Other deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location. Early voting by personal appearance will be conducted in accordance with the election order of the participating authorities. MAIN EARLY VOTING POLLING PLACE Wichita Falls Memorial Auditorium 1300 Seventh Street Wichita Falls, Texas All requests for early voting ballots by mail that are received by participating authorities will be delivered by the most efficient means on the day of receipt to the City of Wichita Falls, City Clerk s Office, Room 104, 1300 Seventh Street, Wichita Falls, Texas 76301, for processing. Persons voting by mail will send their voted ballots to the City of Wichita Falls, City Clerk s Office. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Chapter 87 of the Texas Election Code. XII. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and of the Texas Election Code, may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. In the event of election cancellation by the City, the WFISD and CVISD agree to conduct their election at their own expense. Approved by the Wichita Falls City Council on the 17 th day of February, Executed on the day of, City of Wichita Falls, Texas ATTEST: Tracy B. Norr, City Clerk By: Darron J. Leiker, City Manager PAGE 7 OF 11 PAGES AGENDA ITEM NO. 9.C

88 Accepted and Agreed to by the Wichita Falls Independent School District on the day of, Approved: By: Board President ATTEST: Secretary Accepted and Agreed to by the City View Independent School District on the day of, Approved: By: Board President ATTEST: Secretary PAGE 8 OF 11 PAGES AGENDA ITEM NO. 9.C

89 EXHIBIT A CITY OF WICHITA FALLS VOTING PLACES, PRECINCTS & DISTRICTS 2015 City Box Voting Precincts Polling Place 1 401, 404, 405, 409 Sam Houston School (gymnasium) 2500 Grant Street 2 305, 316, 407, 408 Crockett School 3015 Avenue I 3 102, 110, 402 Ben Franklin School 2112 Speedway 4 303, 304, 311 Washington-Jackson 1300 Harding 5 306, 312, 313 Kate Burgess 3109 Maurine 6 301, 302, 308 Carrigan Career Center 1609 Blonde St 7 406, 410 Jefferson School 4628 Mistletoe Dr , 411 Cunningham School 4107 Phillips 9 104, 105, 111, 112 M.S.U. Harding Admin. Bldg Taft Fowler School 5100 Ridgecrest , 113 TxDOT W.F. Training Ctr Southwest Parkway , 318, 319 Southern Hills 3902 Armory Rd , 203 Kate Haynes School 1705 Katherine , 314, 315 Hirschi High School 3106 Borton , 208, 307 City View High School 1600 City View Drive PAGE 9 OF 11 PAGES AGENDA ITEM NO. 9.C

90 EXHIBIT B WICHITA FALLS INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2015 Precinct Number Polling Place 401, 404, 405, 409 Sam Houston School (gymnasium) 2500 Grant Street 305, 316, 407, 408 Crockett School 3015 Avenue I 306, 312, 313 Kate Burgess 3109 Maurine 301, 302, 308 Carrigan Career Center 1609 Blonde Street 109, 318, 319 Southern Hills School 3920 Armory Road 406, 410 Jefferson School 4628 Mistletoe Drive 403, 411 Cunningham School 4107 Phillips 104, 105, 111, 112 M.S.U. Hardin Admin Bldg Taft 103 Fowler School 5100 Ridgecrest 108, 113 TXDOT Training Center 1601 Southwest Pkwy 201, 203 Kate Haynes School 1705 Katherine 207, 314, 315 Hirschi High School 3106 Borton 102, 110, 402 Ben Franklin School 2112 Speedway 303, 304, 311 Washington-Jackson 1300 Harding PAGE 10 OF 11 PAGES AGENDA ITEM NO. 9.C

91 EXHIBIT C CITY VIEW INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2015 Precinct Number Polling Place 202, 208, 307 City View High School 1600 City View Drive PAGE 11 OF 11 PAGES AGENDA ITEM NO. 9.C

92 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution granting the City Manager authority to approve negotiations for property acquisitions up to $25,000 over the fair market value if it is deemed appropriate INITIATING DEPT: Community Development/Property Management COMMENTARY: Property acquisition, more often than not, involves meetings and correspondence with multiple owners, investors, and their attorneys which can result in a major extension of the time it takes to negotiate, reach a mutual agreement and complete the acquisition process. If a mutual agreement cannot be reached, it can create a longer delay which will result in additional expenses and have a detrimental effect of the project. Most often, the failure to reach an agreement is due to a difference of opinion in the value of the proposed acquisition. In an effort to streamline the process and allow staff to move quickly, we are requesting authority be granted to the City Manager to authorize negotiations up to $25,000 over the fair market value when it is determined to be financially prudent and in the best interest of the public. Assistant City Manager ASSOCIATED INFORMATION: Resolution Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 9.D

93 Resolution No. Resolution granting the City Manager authority to approve negotiations for property acquisitions up to $25,000 over the fair market value if it is deemed appropriate WHEREAS, the City Council of the City of Wichita Falls finds it is in the public s best interest to negotiate property acquisition in the most prudent and fiscally responsible manner possible; and, WHEREAS, acquisition is often a time sensitive issue and can result in greater expenses if delayed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: In the event the Property Administrator is unable to purchase property for the fair market value, the City Manager is authorized to increase the offer up to $25,000 over the fair market value when, in his judgment, it appears to be in the best interest of the City to do so. PASSED AND APPROVED this the 17 th day of February, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 9.D

94 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $928,800 for the Eagle Railcar Services Expansion 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 January 23, 2015 meeting, the WFEDC approved the following items: Eagle Railcar Services Expansion Project up to $928,800 for creation of 64 new jobs, training expenses, and a forgivable loan to purchase a sponge-jet robot blaster, a global finish spray booth, a 1,500 cfm air compressor, and related equipment at Company s facility located at 4501 Allendale Road, Wichita Falls, Texas. Eagle Railcar Services is one of the nation s leading independent providers of rail car repair services with facilities in Cairo, Ohio, Elkhart and Roscoe, Texas, and its newest location in Wichita Falls. All of the locations provide general maintenance and repair, cleaning, painting and lining, wreck damage repair and tank car requalification. Eagle Railcar Services seeks to expand its operations in Wichita Falls with an additional investment of more than $4,000,000 in land, capital improvements and machinery and equipment. Eagle expects to employ an additional 64 employees over a three year period, adding to its current labor force of 47 employees. The WFEDC incentives are based on: Cash for new positions up to $352,000 for the creation of at least 64 new jobs; Skills development training reimbursement up to $76,800 if a Texas Workforce Commission Skills Development Fund grant is not obtained; and No Interest, Forgivable Loan of $500,000 for the purchase of a sponge-jet robot blaster, global finish spray booth, a 1500 cfm air compressor and related equipment. The loan is forgivable over a period of five years should the company create and maintain the additional jobs as stipulated in the agreement. PAGE 1 OF 12 PAGES AGENDA ITEM NO. 9.E

95 A draft Performance Agreement is included. Staff recommends approval of the WFEDC programs and expenditures as detailed above. Assistant City Manager ASSOCIATED INFORMATION: DRAFT Performance Agreement for Eagle Railcar Services, Resolution, WFEDC Revised FY 2015 Budget Budget Office Review City Attorney Review City Manager Approval PAGE 2 OF 12 PAGES AGENDA ITEM NO. 9.E

96 DRAFT Performance Agreement between the Wichita Falls Economic Development Corporation and Eagle Railcar Services - Wichita Falls, Texas, LLC for Incentives to Create Primary Jobs at 4501 Allendale Road in Wichita County, Texas This Performance Agreement ( Agreement ) is entered into on, 2015, by and between the Wichita Falls Economic Development Corporation ( WFEDC ), a Texas development corporation authorized under the Texas Development Corporation Act of 1979, Section 4A, ( Act ), and Eagle Railcar Services - Wichita Falls, Texas, LLC, a Texas limited liability company ( Company ). Whereas, the Act authorizes the WFEDC to contract with companies whose activities are defined as manufacturing and classified as by the North American Industry Classification System (NAICS); and Whereas, Company seeks to expand its railroad refurbishment operation at 4501 Allendale Road, Wichita Falls, Texas (the Facility ), and represents that the Company s expansion of its Facility will involve a capital investment of approximately $4,063,640 and employment of approximately 64 net new full-time positions; and, Whereas, Company estimates it will complete its project by March 15, 2016; and, Whereas, Company and the WFEDC mutually find that the project could be located in alternative facilities outside the North Texas region, and is expected not to occur in the local area unless it receives the support and investment from the City of Wichita Falls and the use of 4A sales tax proceeds. Now, therefore, be it resolved, subject to the approval of the Wichita Falls City Council and the execution of subsequent agreements to memorialize and obligate funds provided hereunder in the form to be provided by the WFEDC, the parties agree as follows: Definitions. As used in this Agreement, the following terms have the following meanings: New Position means a permanent, full-time, Company, benefit-eligible employee working at least 37.5 hours per week at the Facility who receives full-time wages paid by Company for a period of at least 6 months at the Facility. To be a New Position, an employee must represent an increase in the total, permanent level of employment at the Facility. Positions shall not be considered New Positions if they replaced occupants of New Positions or full-time positions from an earlier reduction in the number of full-time employees in Wichita County. New Positions must be Primary Jobs. Additionally, New Positions will only be considered New Positions to the extent their additions increase the total employment level (currently 47 fulltime positions) by Company at the Facility at the time of the initiation of this agreement. Payroll Statement means (i) a written statement setting forth the monthly, quarterly and annual (as applicable) payroll at the Facility and the amount of wages paid to each full-time employee at the Facility, and (ii) such other documentation as reasonably determined to be necessary by the WFEDC to verify the number of New Positions created and continuing PAGE 3 OF 12 PAGES AGENDA ITEM NO. 9.E

97 financial condition of the Company. Such other documentation that Company may be required to provide to the WFEDC shall include compiled income and expense statements for each quarter, balance sheets effective at the end of each quarter, and copies of the Company s tax returns, income statements, state unemployment tax submissions, and federal unemployment tax submissions. The aforementioned documents may be redacted, modified, or summarized by Company as reasonably necessary to protect the privacy of individuals and prevent the disclosure of the Company s confidential and/or proprietary information. Primary Job means a primary job as defined in Texas Local Gov t Code Incentives: Cash for Jobs WFEDC s Total Maximum Obligation: $352,000 a. Payment for New Positions Subject to the WFEDC s Total Maximum Obligation, the WFEDC will pay Company $5,500 for each New Position employed by Company at the Facility. New Positions eligible to receive cash for jobs payment must be in existence for a minimum of six months before payment will be rendered. b. Each New Position must be filled by one or more employees continuously during the time period for which funds are requested. c. This incentive will only be available for New Positions who are initially employed by Company at the Facility prior to March 15, d. These funds received pursuant to this Section may be used for any business purpose in the Facility in Wichita Falls, Texas. Payments will be made after a presentation by Company has been made to the WFEDC evidencing the New Positions have been in place for at least 6 months. Applications for payment may only be made once every 6 months following start-up. The WFEDC intends to only pay for each New Position one time. In no event will a position be reimbursable if it merely replaced a position that was earlier eliminated. Payment obligations will be subject to the obligation of Company to provide Payroll Statements to the WFEDC as required by the WFEDC. e. The Cash for Jobs incentive available pursuant to this agreement may not exceed the amount of the WFEDC s Total Maximum Obligation stated above. Skills Development Training Funds: WFEDC s Total Maximum Obligation: $76,800 An application to the Texas Workforce Commission has been made for a Skills Development Fund grant. If the grant is not funded by the Texas Workforce Commission or other government entity in an amount of at least $76,800, then the WFEDC will provide funding for training under the grant conditions in an amount sufficient to make up the amount of funds not provided, in a total amount not to exceed the lower of (1) the PAGE 4 OF 12 PAGES AGENDA ITEM NO. 9.E

98 amount to be provided if the grant were successfully funded, (2) $1,200 per trainee, or (3) $76,800. This reimbursement does not include the wages of the trainees, but can include the wages of Company employees involved in the training of those employees. Loan WFEDC s Total Maximum Obligation: $500,000 The WFEDC agrees to provide to Company up to $500,000 to assist in purchasing equipment for Facility in the form of loans that the WFEDC will forgive in their entirety if Company meets its obligations under this Agreement as set out below. Company shall execute a Commercial Security Agreement for each piece of equipment purchased using WFEDC loans. Such security agreement will give WFEDC a first lien on said equipment. Should Company create and then maintain jobs as outlined in the chart below, for each such goal is met, the loan will be forgiven at a rate of 14.28% so that after 5 such years, the loan will be forgiven in its entirety, the WFEDC shall forgive in its entirety any loan that the WFEDC provides to Company in connection with this Agreement. Job Classification Year 1 Year 2 Year 3 Total Average Wage Brakeman 1 1 $15.63 Lettering/Stenciling $13.50 Locomotive Engineer 1 1 $16.35 Maintenance 1 1 $14.00 Office (Clerical) $15.63 Painters $14.00 Plant Manager 1 1 $38.46 Purchasing Agent 1 1 $27.64 Quality Control Personnel 1 1 $26.44 Railcar Inspectors/Estimators $24.52 Steam Rack $12.00 Steel Grit Blasters 4 4 $12.50 Supervisors $28.25 Switchman 1 1 $14.50 Truck Driver 1 1 $19.00 Welders/Welders Helpers $14.00 Totals Documentation. Prior to receiving payment from the WFEDC pursuant to this Agreement, Company shall submit a Payroll Statement and other documentation as required by the WFEDC to verify and document such request, including forgivable notes covering the amounts provided hereunder providing the following minimum provisions and other provisions required by the WFEDC to adequately secure and document payments and provide for forgiveness: PAGE 5 OF 12 PAGES AGENDA ITEM NO. 9.E

99 Terms of Payment (principal and interest): The Principal Amount will be due and payable in one installment of 100% of the obligated amount 7 years from the execution of the document. Forgiveness of Payments: Payments to be forgiven upon compliance with employment obligations under this Agreement. Loan Disbursements: The WFEDC may disburse the loan amount as reimbursements to Company based on invoices related to the purchase of the following equipment: 1. Sponge-jet robot blaster (estimated price $188,000); 2. Global finish spray booth (estimated price $310,000); 3. A 1,500 cfm air compressor (estimated price $125,000). Such equipment shall be used at Company s Wichita Falls Facility. Such disbursements shall not exceed $500,000. In regard to such disbursements, the WFEDC will provide all disbursements subject to such supporting documentation as required by the Assistant City Manager of the City of Wichita Falls, including cancelled checks, purchase orders, invoices, receipts, waivers of liens, and other documents reasonably necessary to ensure funds are expended for equipment for Wichita Falls, Texas. Such disbursements will not be paid until the Commercial Security Agreement for said equipment is fully executed. General Conditions: 1. Maintenance of Operations. The WFEDC intends for any incentives to be used to ensure that Company continues to operate in Wichita Falls. In addition to other repayment provisions herein, if Company reduces its employment by more than 50% from its employment level at the time of execution of this agreement (currently 47 permanent Company positions) or ceases operations in Wichita Falls prior to 12 months from the date of receipt of any incentives payment, Company shall, within 60 days, repay the WFEDC the full amount of the applicable incentive paid by the WFEDC to Company. 2. Use of Proceeds. Company agrees to use all of the funds received from WFEDC pursuant to this Agreement for (or as reimbursement for) the costs (as that term is defined in Tex. Loc. Gov t Code Ann , as of the date of this Agreement) of this project related to the creation or retention of primary jobs as provided by Tex. Loc. Gov t Code Ann Compliance with Tex. Gov t Code In accordance with Tex. Gov t Code through , Company does not and will not knowingly employ an undocumented worker during the term of this Agreement in violation of Texas or federal law. If, during the term of this Agreement, Company or a branch, division, or department of Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the entire amount of the public subsidy with the addition of interest at the rate of 5% simple annual interest as required by Tex. Gov t Code , not later than the 120th day after the date the WFEDC notifies the business of the violation. 4. Compliance with Tex. Gov t Code through The parties agree this Agreement complies with Tex. Loc. Gov t Code through , by: (1) being intended to benefit the WFEDC, (2) providing that default on this Agreement is enforceable as provided by Tex. Loc. Gov t Code , in addition to retaining other enforcement remedies provided by Texas law, and (3) providing a schedule as stated in this PAGE 6 OF 12 PAGES AGENDA ITEM NO. 9.E

100 Agreement for additional jobs and capital investment as consideration for direct incentives provided herein and providing for repayment obligations. 5. No Waiver. No delay or omission by WFEDC in exercising any right that may accrue to it pursuant to this Agreement will operate as a waiver of any other WFEDC right that may accrue pursuant hereto. 6. Disputes. In the event of a dispute, (1) neither party will be entitled to attorney's fees incurred or paid in the enforcement of any provision of this Agreement, regardless of any provision authorizing attorney s fees in Texas Local Gov t Code (a)(3) or other statute, and (2) sole venue for any action based on this Agreement or promise ancillary thereto shall be in Wichita County, Texas. 7. The WFEDC shall not be the guarantor of Company s success, and shall not be liable for any failure to provide incentives not specifically set forth in this Agreement. Any representations by WFEDC, the City, or the Wichita Falls Chamber of Commerce and Industry concerning the availability of incentives hereunder are subject to the approval of the governing bodies entrusted by law to issue said incentives. Company certifies the truth of the representations by its representatives to the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry. Company agrees to release the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry from any and all claims, suits, and actions for damages, costs, and expenses to persons or property (collectively Claims ) that may arise out of, or be occasioned by or from any act, error or omission of the WFEDC, the City, and the Wichita Falls Chamber of Commerce and Industry in the execution or performance of this contract. The aforementioned release does not encompass Claims attributable to the negligence or willful misconduct of the WFEDC, the City, and/or the Wichita Falls Chamber of Commerce and Industry. 8. Term. The Term of this Agreement shall be from its execution until the later of: a. March 15, 2022, or b. One year after the WFEDC s payment to the Company of the final incentive payment described in this Agreement. 9. Default. During the Term of this Agreement, Company shall promptly notify WFEDC if Company learns of the occurrence of: (i) any event which constitutes an Event of Default; or (ii) any legal, judicial or regulatory proceedings affecting Company and/or the Facility in which the amount involved is in excess of $50,000 and is not covered by insurance. 10. Indemnity. Company shall indemnify, save and hold harmless WFEDC and the City of Wichita Falls and their respective officers, directors, employees, representatives and agents (collectively, the "Indemnified Parties") from and against: (i) any and all claims, demands, actions, or causes of action that are asserted against any Indemnified Party by any person or entity if the claim, demand, action or cause of action directly or indirectly relates to a claim, demand, action, or cause of action attributable to the acts or omissions of Company, any affiliate of Company or any officer, employee or partner of Company; (ii) any and all claims, demands, actions or causes of action that are asserted against any Indemnified Party if the claim, demand, action or cause of action directly or indirectly relates to funds received by Company pursuant to this agreement, Company s use of the proceeds of funds received pursuant to this PAGE 7 OF 12 PAGES AGENDA ITEM NO. 9.E

101 agreement or the relationship of Company and WFEDC pursuant to this agreement; and (iii) any and all liabilities, losses, costs or expenses (including attorneys' fees and disbursements) that any Indemnified Party suffers or incurs as a result of any of the foregoing; provided, however, that Company shall have no obligation pursuant to this provision to any Indemnified Party with respect to any of the foregoing arising out of the negligence or willful misconduct of such Indemnified Party. To the extent necessary to provide the Indemnified Parties full protection in accordance with the terms of this Section, the indemnity provisions set forth herein shall survive the termination of this Agreement. 11. Events of Default. Each of the following events shall be considered an Event of Default of this agreement: a. The failure of Company to pay any payment due to the WFEDC pursuant to this agreement when due and the continuation of such failure for a period of 10 days after written notice thereof from WFEDC; or b. If any representation or warranty by Company set forth herein or in any certificate, report, request or other document furnished pursuant hereto is incorrect in any material respect as of the date when made or deemed made; or c. The failure of Company in its due observance and performance of any of the covenants or agreements set forth in this agreement or any of documents associated with this agreement and the continuation of such failure for a period of 30 days after written notice thereof from WFEDC; or d. If an involuntary case or other proceeding shall be commenced against Company that seeks liquidation, reorganization or other relief pursuant to any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or them or any substantial portion of its or their property, and if such involuntary case or other proceeding shall remain undismissed or unstayed for a period of 30 days; or if an order for relief against Company shall be entered in any such case under the Federal Bankruptcy Code; or e. If Company shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or if Company shall make a general assignment for the benefit of creditors or shall fail generally or shall admit in writing its inability to pay its debts as they become due; or PAGE 8 OF 12 PAGES AGENDA ITEM NO. 9.E

102 f. If Company shall fail within 30 days to pay, bond or otherwise discharge any judgment or order for the payment of money in excess of $50,000 that is not otherwise being satisfied in accordance with its terms and is not stayed on appeal or otherwise being appropriately contested in good faith; or g. If there shall be a dissolution of Company or a cessation of business operations at the Facility; or h. If the Company is determined by WFEDC to be continually or repeatedly violating a City ordinance or state law or regulation related to the operation of the Facility. 12. Remedies. Following the occurrence of any Event of Default described above during the Term of this Agreement, the obligations of WFEDC to the Company shall terminate and the entire amount of the funds provided by WFEDC to the Company within one year prior to the default shall become immediately due and payable to the WFEDC if Company fails to cure the Event of Default within ten (10) days of receipt of written Notice of Default (the Notice Period ). Following the occurrence of any other Event of Default specified in this section, WFEDC may by written notice to Company and if Company fails to cure the Event of Default within ten (10) days of receipt of written Notice of Default: (i) declare the entire amount of any obligation to the WFEDC then outstanding, together with interest (if any) then accrued thereon, to be immediately due and payable to the WFEDC, and/or (ii) terminate all obligations of WFEDC to the Company unless and until WFEDC shall reinstate the same in writing; and/or (iii) reduce any claim to judgment; and/or (iv) without notice of default or demand pursue and enforce any of WFEDC's rights and remedies pursuant to this Agreement or any document ancillary to it. 13. Further approvals required. Any representations by WFEDC, the City of Wichita Falls or the Wichita Falls Chamber of Commerce and Industry (or any representatives of any of the foregoing) concerning the availability of incentives hereunder are subject to the approval of the governing bodies entrusted by law to issue said incentives. 14. This agreement and said attachments, if any, may only be amended, supplemented, modified or canceled by a duly executed written instrument agreed to by both parties. 15. Company s maximum aggregate liability under this Agreement to WFEDC, the City of Wichita Falls, the Wichita Falls Chamber of Commerce and Industry, any third party, and/or any Indemnified Party identified in Section 10 shall not exceed the amount of funds provided to Company pursuant to this Agreement. Wichita Falls Economic Development Corporation Dick Bundy, President PAGE 9 OF 12 PAGES AGENDA ITEM NO. 9.E

103 Eagle Railcar Services - Wichita Falls, Texas, LLC Mark Walraven, Name Title PAGE 10 OF 12 PAGES AGENDA ITEM NO. 9.E

104 Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $928,800 for the Eagle Railcar Services Expansion 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 January 23, 2015, the WFEDC approved the Project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls Economic Development Corporation s approval and funding of the following programs and expenditures, as described below and in said corporation s agenda, are approved: a. Eagle Railcar Services Expansion Project up to $928,800 for creation of 64 new jobs, training expenses, and a forgivable loan to purchase a sponge-jet robot blaster, a global finish spray booth, a 1,500 cfm air compressor, and related equipment at Company s facility located at 4501 Allendale Road, Wichita Falls, Texas.. 2. The current fiscal year budget of the WFEDC is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 17 th day of February, ATTEST: City Clerk M A Y O R PAGE 11 OF 12 PAGES AGENDA ITEM NO. 9.E

105 WFEDC REVISED FY 2015 BUDGET PAGE 12 OF 12 PAGES AGENDA ITEM NO. 9.E

106 CITY COUNCIL AGENDA February 17, 2015 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 $158,125 for engineering study and preparation of Corp of Engineers 404 Permit Application for Lake Wichita 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 February 2, 2015 meeting, the 4B Sales Tax Corporation Board of Directors approved the following projects: 1. Funding of up to $158,125 for Engineering Study and Preparation of Corp of Engineers 404 Permit Application for Lake Wichita. The engineering study is estimated to cost $316,250 and the Lake Wichita Revitalization Committee has raised half of the funding from foundation sources. This study will result in a 404 Permit application to the Corp of Engineers to allow for improvements to Lake Wichita. This permit is required prior to making any type of improvements which impact the lakebed or capacity of Lake Wichita. The application permit will include requests to undertake the following types of activities: (1) excavation of the lakebed; (2) development of trails, watersports, pavilions, fishing piers and other improvements along the shore and dam; (3) other improvements as may be envisioned by the LWRC. A copy of the amended 4B Sales Tax Corporation FY 2014 Budget is included. Staff recommends approval of the WFEDC programs and expenditures as detailed above. Assistant City Manager ASSOCIATED INFORMATION: Project Descriptions, 4B STC Revised FY 2015 Budget, Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 9.F

107 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 $158,125 for engineering study and preparation of Corp of Engineers 404 Permit Application for Lake Wichita 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 February 2, 2015, the Wichita Falls 4B Sales Tax Corporation (4BSTC) approved the project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Wichita Falls 4B Sales Tax Corporation s approval and funding of the following programs and expenditures, in a total amount not to exceed $158,125 as described below and in said corporation s agenda, is approved: a. Lake Wichita Revitalization Committee funding of up to $158,125 for Engineering Study and Preparation of Corp of Engineers 404 Permit Application for Lake Wichita. 2. 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 February, ATTEST: M A Y O R City Clerk PAGE 2 OF 3 PAGES AGENDA ITEM NO. 9.F

108 4B STC REVISED FY 2014 BUDGET PAGE 3 OF 3 PAGES AGENDA ITEM NO. 9.F

109 CITY COUNCIL AGENDA February 17, 2015 ITEM/SUBJECT: Resolution accepting a proposal from NUCO Controls, LLC for the purchase and installation of power factor correction equipment at various City facilities in the amount of $123,464.18, and making budgetary appropriations of $92,598 and $30,867 in the Water/Sewer and General Funds, respectively INITIATING DEPT: Finance Department COMMENTARY: Power factoring is a measure of how efficiently power is being used by the consumer. A higher power factor benefits ONCOR because it decreases power delivery system losses and requires less system capacity to deliver the same load. It also benefits the City because ONCOR assesses a power factor surcharge on accounts not achieving 95% efficiency. An audit of our electric utility bills determined that we have 11 facilities that are receiving power factoring charges amounting to $66,600 annually (8 Water/Wastewater Facilities - $50,200, 3 MPEC Facilities - $16,400). There is equipment that can be installed at these facilities to correct this power factor and ensure that it exceeds 95%, thereby eliminating these recurring charges on the electric bills. A RFP was recently sent out to manufacturers of this equipment to determine how quickly the City would receive a return on its investment, if such equipment was purchased. Two proposals were received: NUCO Controls, Wichita Falls, TX - $123, (1.85 year ROI) Hillhouse Power Solutions, North Richland Hills, TX - $202, (3.04 year ROI) Staff recommends accepting the proposal submitted by NUCO Controls in the amount of $123, This equipment will be installed by May 15, 2015 and includes a fiveyear parts and labor warranty. It is also recommended that the City appropriate $92,598 in the Water/Sewer Fund, and $30,867 in the General Fund to pay for this project. Assistant City Manager/CFO ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 9.G

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111 PAGE 3 OF 4 PAGES AGENDA ITEM NO. 9.G