CC AGN PKT 2020-05-19

City of Wichita Falls
City Council Agenda

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

Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300
Seventh Street, Tuesday, May 19, 2020, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:

1. The video may be livestreamed on the City’s YouTube page
(https://www.youtube.com/cityofwf)
2. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300
3. A livestream will be shown on the City’s Facebook page (City of Wichita Falls,
Texas Government) (https://www.facebook.com/CityofWF)
4. A video of the meeting will be posted on the City’s YouTube page
(https://www.youtube.com/cityofwf)
Recognizing that the public's input on all agenda items is vitally important, the City
Council has provided an email address for all citizens who wish to comment on
Council matters but are unable to appear in person. Please send your comments,
questions, and concerns to Councilmeetingquestions@wichitafallstx.gov. E-mails
must be received by 8:00 a.m. on May 19, 2020. Subject to the five-minute limitation
per person, the emails will be read aloud to the City Council, except for those that
express profanity or promote acts of violence.
Item #
1. Call to Order
2. (a) Invocation – Pastor Kyle Bateman

Evangel Temple
(b) Pledge of Allegiance

CONSENT AGENDA
3. Approval of minutes of the May 5, 2020 Regular Meeting of the Mayor and City
Council.
4. Resolutions
Resolution authorizing the City Manager to award bid and contract for the 2020
Water Budget Utility Improvements Project to Bowles Construction Co. in the
amount of $1,238,838.00
REGULAR AGENDA
5. Ordinances
Ordinance amending the Order ratified by the City Council on May 5, 2020;
declaring an emergency
6. Resolutions
(a) Public hearing and consideration of a resolution approving a Conditional
Use Permit for a convenience store use at 1526 Iowa Park Road
i. Public Hearing
ii. Take Action
(b) Resolution authorizing the City Manager to execute Change Order No. 1 to
reduce the 2020 Asphalt Rehabilitation Project scope by $1,382,766.25
(c) Resolution authorizing the City Manager to make application for a grant
from the U.S. Department of Justice, Bureau of Justice Assistance, 2020
Coronavirus Emergency Supplemental Funding (CESF) Program, Grant
Number H4246-TX-VD, in the amount of $94,867.00
(d) Resolution authorizing the City Manager to make application for a grant
from the Office of the Governor, Public Safety Office, Criminal Justice
Division, 2020 Coronavirus Emergency Supplemental Funding (CESF),
Grant Number 4157101, in the amount of $87,950.61
7. Other Council Matters

(a) Staff Reports
1. Charter Committee Report – Kinley Hegglund
2. General Fund Financial Update – Darron Leiker & Jessica Williams
(b) Items of concern to members of the City Council
8. Comments from the public to members of the city council concerning items that
are not on the city council agenda. People wishing to address the council should
sign up prior to the meeting commencing. A three-minute time frame will be
CITY COUNCIL AGENDA

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adhered to for those addressing their concerns. As comments from the public are
not posted agenda items, the Texas Open Meetings Act prohibits City Council
members and Staff from discussing or responding to these comments during
Council meetings.
9. Executive Sessions
(a) Executive Session in accordance with Texas Government Code §551.071,
consultation with attorney on matter involving pending or contemplated
litigation or other matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Texas Open
Meetings Act.
(b) Executive Session in accordance with Texas Government Code §551.072,
to deliberate the purchase, exchange, lease, or value of real property if
deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
10. Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours’ notice.
Please call the City Clerk’s Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under “Executive Sessions” of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 13th day of May , 2020 at 3:45 o’clock p.m.
____________________________
City Clerk
CITY COUNCIL AGENDA

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City Council Meeting
Minutes
May 5, 2020
Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas met in regular session on the above
date in the Council Chambers of the Memorial Auditorium Building at 8:30 o’clock a.m.,
with the following members present.
Stephen L. Santellana - Mayor

DeAndra Chenault - Mayor Pro Tem
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Michael Smith -
Bobby Whiteley -
Darron Leiker - City Manager

Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
--------
Mayor Santellana called the meeting to order at 8:30 a.m.
--------
Item 2a – Invocation
Councilor Brewer gave the invocation.
--------
Item 2b – Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
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Agenda Item No. 3.
Item 3-4 – Consent Items
8:32 a.m.
City Manager Darron Leiker gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve items on the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley
Nays: None
Item 3 – Approval of minutes of the April 21, 2020 Regular Meeting of the Mayor
and City Council
Item 4 – Receive Minutes
(a) Charter Review Committee, January 27, 2020

(b) Charter Review Committee, February 24, 2020
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Item 5a – Ordinance 26-2020

8:33 a.m.
Ordinance making an appropriation to the Special Revenue Fund for Public Health
Emergency Preparedness in the amount of $151,978 received from the Department of
State Health Services and authorizing the City Manager to execute contract accepting
same.
Moved by Councilor Browning to approve Ordinance 26-2020.
Motion seconded by Councilor Chenault and carried by the following vote:
Whiteley
Nays: None
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CITY COUNCIL MINUTES

May 5, 2020
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Agenda Item No. 3.
Item 5b – Ordinance 27-2020
8:35 a.m.
Ordinance making an appropriation to the Special Revenue Fund for The Women,
Infants, and Children (WIC) Grant Program in the amount of $188,630 received from the
Department of State Health Services and authorizing the City Manager to execute
contract accepting same.
Moved by Councilor Chenault to approve Ordinance 27-2020.
Motion seconded by Councilor Browning and carried by the following vote:
Whiteley
Nays: None
-------
Item 5c - Ordinance 28-2020

8:37 a.m.
Ordinance appropriating $1,225,460 in Federal Coronavirus Aid, Relief, and Economic

Security (CARES) Act Funds for Airport Operators and authorizing the City Manager to
execute all necessary funding agreements related hereto.
Moved by Councilor Chenault to approve Ordinance 28-2020.
Motion seconded by Councilor Jackson and carried by the following vote:
Whiteley
Nays: None
-------
Item 5d – Ordinance 29-2020

8:39 a.m.
Ordinance ratifying the Order issued by Mayor Santellana on April 28, 2020; declaring
an emergency.
Moved by Councilor Brewer to approve Ordinance 29-2020.

May 5, 2020
Page 3
Page 3 of 8
Agenda Item No. 3.
Motion seconded by Councilor Chenault and carried by the following vote:
Whiteley
Nays: None
-------
Item 6a – Resolution 44-2020

8:43 a.m.
Resolution authorizing the City Manager to approve change order No. 1 for the 2019
Sewer Budget Utility Improvements Project Phase 1 for an Increase of $58,445.50.
Moved by Councilor Chenault to approve Resolution 44-2020.
Whiteley
Nays: None
-------
Item 6b – Resolution 45-2020

8:46 a.m.
Resolution authorizing the City Manager to apply for and accept a Better Utilizing
Investments to Leverage Development (BUILD) grant for Downtown infrastructure
improvements in an amount up to $25,000,000.
Motion seconded by Councilor Browning.
Mr. Menzies gave an overview of the decade or more of work that led to being able to
apply for this grant, and Mr. Burrus discussed the application process. This is a highly
competitive grant, there is no guarantee we will be approved, and there is no plan to
use any general fund dollars or water or sewer rate increases for the matching funds.
Mrs. Balthrop read a citizen comment emailed in from T.P. Hillman. Mr. Hillman asked
if water and sewer rates would be increased to fund the match for this project. It was
previously stated that there were no plans to increase these rates.

May 5, 2020
Page 4
Page 4 of 8
Agenda Item No. 3.
Motion carried by the following vote:
Whiteley
Nays: None
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Item 6c – Resolution 46-2020

9:09 a.m.
Resolution amending the guaranteed maximum price of $10,411,000 in the

Construction Manager at Risk contract with Anthony Inman Construction, Inc. for
Package #2 work associated with completion of the Public Transportation Repair and
Maintenance Facility Project.
Whiteley
Nays: None
-------
Item 6d – Resolution 47-2020
9:13 a.m.
Resolution of the City of Wichita Falls, Texas finding that Oncor Electric Delivery
Company LLC’s application for approval to amend its distribution cost recovery factor to
increase distribution rates within the City should be denied; authorizing participation with
Oncor Cities Steering Committee; authorizing the hiring of legal counsel and consulting
services; finding that the City’s reasonable rate case expenses shall be reimbursed by
the Company; finding that the meeting at which this resolution is passed is open to the
public via livestreaming as authorized by law; requiring notice of this resolution to the
company and legal counsel.
Moved by Councilor Browning to approve Resolution 47-2020.
Motion seconded by Councilor Chenault.

May 5, 2020
Page 5
Page 5 of 8
Agenda Item No. 3.
Mr. Hegglund discussed the Oncor Cities Steering Committee process and the benefits
to the City.
Motion carried by the following vote:
Whiteley
Nays: None
-------
Mayor Santellana moved to item 9 at this time.
Item 9– Appointment to the Wichita-Wilbarger 9-1-1 District

9:18 a.m.
Moved by Councilor Browning to appoint Dana Ross to the Wichita-Wilbarger 9-1-1

District with a term to expire May 15, 2022.
Motion seconded by Councilor Smith and carried by the following vote:
Whiteley
Nays: None
-------
Item 7 – Items of Concern to Members of the City Council

9:20 a.m.
Lou Kreidler, Director of Health, provided an update on COVID-19 cases in Wichita

County. There are currently 69 cases with 5 new cases this past week which were a
combination of community, travel and asymptomatic spread. Two individuals that tested
positive were asymptomatic which really speaks to the message to the community
about the need to wear masks to slow community spread.
Councilor Brewer – Thank you to Lisa and Pam with Meals on Wheels for inviting me to
help load meals into cars. They deserve a round of applause.
Councilor Jackson – Asked how far behind the food bank is, what donations they need
other than money, and asked if WFISD will continue their food program thru the
summer. Councilor Smith stated that he has been attending the non-profit leaders group
meetings and they have been discussing the drastic reduction in revenue for non-

May 5, 2020
Page 6
Page 6 of 8
Agenda Item No. 3.
profits, especially since they have not been able to do any fundraising, and any of our
non-profits would appreciate donations. Councilor Smith stated that WFISD will continue
their power pack food program, and have modified their delivery method.
Councilor Browning – Reminded everyone to be personally responsible.
Councilor Smith – Asked citizens to be personally responsible and to wear a mask in

crowded situations to protect yourself and others. Councilor Smith stated that he was
somewhat disappointed that the Governor’s order was not more stringent. Thank you to
Sheppard Air Force Base for the Flyover last Friday.
Councilor Whiteley – Echoed the word responsibility and stated there is a lot of division
in the community regarding masks. He encouraged everyone to be safe, responsible,
and kind to their neighbor.
Councilor Chenault – Good morning and thank you for watching. Thank you to Chief
Prillaman and Assistant Chief Hughes for her boss that fell on the bike trail. Happy
Anniversary to Mayor Santellana. May 9, 2015 is when Mayor Santellana and Councilor
Chenault began their service on the City Council.
Mayor Santellana – Reiterated and echoed the need to be responsible. He and his
family are wearing masks in large crowds. He has witnessed several instances where
groups are gathering and this is a concern. Thank you for the flyover, that was very neat
and lifted the spirits of Wichita Falls. The $25 million grant is a great opportunity and
would be a great win for Wichita Falls. It is not too early to start thinking about budget
and he encouraged Councilors to reach out to Mr. Leiker with any ideas they have. Mr.
Leiker stated the pre-budget workshop has been moved to June 16th so that we will
have the June Sales Tax payment that reflects the April payments. We have received
preliminary figures from the Wichita County Appraisal District which reflect
approximately a 2.9% increase in valuations. These valuations do not reflect COVID-19
since they are based on January 1, 2020 values, but next year’s valuations will.
Councilor Jackson – Stated he received a text message from a citizen in regards to

what was on the front page of the newspaper and if there are still plans to issue
certificates of obligation for the $2.7 million match for the $25 million grant for the
hotel/convention center project. Mr. Leiker stated that the newspaper article was in
reference to the BUILD grant application approved today and there are no plans to
issue certificates of obligation or general obligation bonds for this grant.
-------
Item 8 – Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:37 a.m.

May 5, 2020
Page 7
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Agenda Item No. 3.
Mrs. Balthrop read one citizen comment that was emailed in.
Mrs. Veronica Mauch, 4808 Bridge Creek Drive, expressed her concern that businesses
are providing non-alcohol hand sanitizer and wipes that do not kill COVID-19;
businesses are using wipes and disinfectant products that do not kill COVID-19; when
using the correct disinfectant product, businesses didn’t follow guidance from the EPA;
and businesses are not mixing bleach with water correctly to kill COVID-19. Mrs.
Mauch stated that they saw this happening at a testing laboratory and restaurants. She
provided various sources of information and two lengthy attachments to her email.
Mrs. Kreidler stated that she spoke with Mrs. Mauch and she applauds her for the
amount of research she did. Mrs. Kreidler stated that the information in her email is
correct and that all of the links she provided are on our website. We do have
sanitarians that visit restaurants and we will be resending out information to the
restaurants and expressing the importance of using sanitizers and disinfectants
properly.
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Item 10 –Adjourn
Mayor Santellana adjourned the meeting at 9:42 a.m.
PASSED AND APPROVED this 19th day of May, 2020.
________________________________
Stephen L. Santellana, Mayor
ATTEST:
____________________________________
Marie Balthrop, TRMC, CMC
City Clerk

May 5, 2020
Page 8
Page 8 of 8
Agenda Item No. 3.
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract
for the 2020 Water Budget Utility Improvements Project to Bowles
Construction Co. in the amount of $1,238,838.00.
INITIATING DEPT: Public Works

______________________________________________________________________
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: n/a

______________________________________________________________________
COMMENTARY: On May 5, 2020, bids were opened for the 2020 Water Budget Utility
Improvements Project. This project is generally described as the installation of new
waterlines and associated work. The purpose of the project is to replace deteriorating
cast iron and galvanized steel water mains, which have continual maintenance issues.
The replacement of these lines will improve the water quality and reliability of the system
in these areas and will allow fire protection to be installed in areas which previously had
none. The budget for this project is $1,300,000.
The bids received for this project are as follows:
COMPANY AMOUNT
Bowles Construction Co. – Wichita Falls, TX $1,238,838.00

(Base Bid plus Additive Alternate No. 3)
Construction of this project should require approximately 240 consecutive days to

complete.
Bowles Construction Co. has performed this work for the City in the past; therefore, staff
recommends award of the contract to Bowles Construction Co. in the amount of
$1,238,838.00, which includes the Base Bid and Additive Alternate No. 3 based on unit
price quantities.
Director, Public Works

______________________________________________________________________
ASSOCIATED INFORMATION: Resolution , Bid Tab, Location Map
Budget Office Review
City Attorney Review
City Manager Approval

______________________________________________________________________
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 4.
Resolution No. _________
Resolution authorizing the City Manager to award bid and contract for
the 2020 Water Budget Utility Improvements Project to Bowles
Construction Co. in the amount of $1,238,838.00
WHEREAS, the City of Wichita Falls has advertised for bids for the 2020 Water
Budget Utility Improvements Project; and,
WHEREAS, it is found that the lowest responsible bidder is Bowles Construction

Co. who made a unit price bid with an estimated total of $1,238,838.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF WICHITA FALLS, TEXAS, THAT:
The unit price bid for the 2020 Water Budget Utility Improvements Project is
awarded to Bowles Construction Co., in an estimated total amount of $1,238,838.00, and
the City Manager is authorized to execute a contract for the City with said Contractor for
the construction of such project.
PASSED AND APPROVED this the 19th day of May, 2020.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 4.
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 4.
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 4.
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 4.
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 4.
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance amending the Order ratified by the City Council on May 5,
2020; declaring an emergency.
INITIATING DEPT: Legal
______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice effective governance
______________________________________________________________________
COMMENTARY: Due to the reopening of City offices to the public on May 18, 2020, it
is necessary to amend the Order ratified by the Council on May 5, 2020, to remove that
portion of the Order that suspends or modifies portions of the City Code.
City Attorney
______________________________________________________________________
ASSOCIATED INFORMATION:

______________________________________________________________________
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 5.
Ordinance No. _________
Ordinance amending the Order ratified by the City Council on May 5,
2020; declaring an emergency
WHEREAS, on April 27, 2020, Governor Abbott issued Executive Orders GA-18,
GA-19, and GA-20, designed to put in place guidelines and restrictions regarding the
COVID-19 pandemic; and,
WHEREAS, Mayor Santellana issued an Order on April 28, 2020, designed to

comply with the referenced Executive Orders; and,
WHEREAS, the City Council ratified such Order on May 5, 2020; and,
WHEREAS, the Council deems it advisable to amend such Order in light of the
fact that City offices were reopened to the public on May 18, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
1. Pursuant to Section 418.108 of the Texas Government Code, the City
Council amends the Order approved by ordinance on May 5, 2020.
2. Pursuant to Section 418.108(b) of the Texas Disaster Act, this Order shall
continue unless modified or rescinded.
3. This ordinance is passed as an emergency measure and shall become
effective immediately upon its passage.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 5.
CITY OF W ICHITA FALLS, TEXAS
AN ORDER ISSUED BY THE

MAYOR AND CITY COUNCIL OF THE CITY OF WICHITA FALLS
MAY 19, 2020
WHEREAS, on March 13, 2020, President Donald Trump declared a national

emergency regarding COVID-19; and,
WHEREAS, March 13, 2020, Governor Greg Abbott declared a national
emergency regarding COVID-19; and,
WHEREAS, the COVID-19 virus is contagious and spreads through person-to-
person contact, especially in group settings; and,
WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08
Relating to COVID-19 Preparedness and Mitigating, stating people shall avoid social
gatherings in groups of more than 10 people and closed all schools until April 3, 2020;
and,
WHEREAS, on March 19, 2020, and March 25, 2020, due to the substantial risks
to the public, Mayor Santellana issued an order deeming it in the public interest to prohibit
anywhere in the City of Wichita Falls, Community Gatherings of more than 10 people;
and,
WHEREAS, at his March 22, 2020 press conference, the Governor acknowledged
that the urban centers may need to enact more stringent measures to address this public
health emergency and stated that he would applaud the cities for doing so; and,
WHEREAS, as of May 11, 2020, there are 38,869 persons confirmed to have
COVID-19 in Texas, with 75 of those residing in Wichita County, Texas; and,
WHEREAS, this Order is issued based on evidence of increasing occurrence of
COVID-19 within the City and throughout the Central Texas area, scientific evidence and
best practices regarding the most effective approaches to slow the transmission of
communicable diseases generally and COVID-19 specifically, the evidence that the age,
condition, and health of a significant portion of the population of the City places it at risk
for serious health complications, including death, from COVID-19; and,
WHEREAS, making the problem worse, some individuals who contract the
COVID-19 virus have no symptoms or have mild symptoms, which means they may not
be aware they carry the virus; and,
WHEREAS, because even people without symptoms can transmit the disease,
and because evidence shows the disease is easily spread, gatherings can result in
preventable transmission of the virus; and,
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 5.
WHEREAS, the scientific evidence shows that at this stage of the emergency, it is
essential to slow virus transmission as much as possible to protect the most vulnerable
and to prevent the health care system from being overwhelmed. One proven way to slow
the transmission is to limit interactions among people to the greatest extent practicable.
By reducing the spread of the COVID-19 virus, this Order helps preserve critical and
limited healthcare capacity in the City; and,
WHEREAS, the Mayor and City Council have determined that extraordinary and
immediate measures must be taken to respond quickly to prevent and slow down
community spread of COVID-19.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
WICHITA FALLS, PURSUANT TO THE AUTHORITY VESTED BY TEXAS
GOVERNMENT CODE CHAPTER 418, HEREBY FINDS, RESOLVES AND ORDERS
THAT:
1. The findings and recitations set out in the preamble to this Order are
incorporated herein and found to be true and correct, and they are hereby adopted by the
Mayor and City Council and made a part hereof for all purposes. This Order rescinds and
replaces prior Orders.
The previously declared local state of disaster for the City of Wichita Falls, Texas,
is hereby renewed and continued, as amended herein.
Pursuant to §418.108(b) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the City Clerk.
Pursuant to §418.108(d) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster activates the City’s emergency
management plan.
2. Effective Date. This modified Order is effective immediately, and continues

in effect unless terminated or modified by a subsequent Order.
3. COVID-19 Guidelines. It is strongly recommended that Individuals and

Business should follow the Guidelines from the President and the CDC and Texas
Department of Health and Human Services by practicing good hygiene, environmental
cleanliness, and sanitation, implementing social distancing, and wearing face coverings
in public places.
4. The City of Wichita Falls asks that everyone support Governor Abbott’s
Texans Helping Texans protocols, as well as his Executive Orders GA-19, GA-21, and
GA-20, as well as any future executive orders.
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 5.
5. Reporting of COVID-19 Tests.
(a) All doctors located in Wichita Falls ordering COVID-19 testing and all public,
private, and commercial laboratories operating within Wichita Falls and
performing COVID-19 testing are Ordered to report to the Wichita Falls-
Wichita County Public Health District, at 940-761-7803, the following
information:
1. report by 3:00 p.m. each day for the prior 24-hour period the number
of COVID-19 tests performed;
2. report immediately the number of positive COVID-19 tests; and,
3. report by 3:00 p.m. each day for the prior 24-hour period the number
of negative COVID-19 tests.
(b) This information will be used solely for public health purposes to mitigate
and contain the spread of COVID-19.
6. Suspension and Modification of Ordinances.
a. Any ordinances or regulations that conflict with this amended proclamation

are suspended or modified as necessary to make this amended
proclamation effective.
b. Any ordinance or regulation that imposes an obligation upon the City to
bring an application, waiver, or variance to the next available meeting
required by ordinance to any board or commission is hereby suspended,
including but not limited to the following ordinances:
(1) 7220 – Public hearing and notice for a Conditional Use Permit.
(2) 7325 -- Public hearing and notice for a Variance.
(3) 7430 – Public hearing and notice for Administrative Appeals.
(4) 7525 – Public hearing and notice for Zoning Amendments.
c. The following City of Wichita Falls Code of Ordinances are hereby
suspended:
(1) Chapter 10, Article III. – Shows, Carnivals and Circuses. Transient
show permits shall not be issued.
(2) Chapter 26, Article III. – Solicitors. Solicitation permits shall not be
issued.
(3) Chapter 26, Article IV. – Itinerant Merchants. Itinerant merchant
permits shall not be issued.
(4) Chapter 14, Article IV, Division 3, Sec. 14-373(b) - (e). – Waiver of
requirement to provide proof of rabies vaccination and spay/neuter
reclaimed animal.
d. The following are hereby modified:
(1) Chapter 22, Article II, Sec. 22-27. – Changes, Section 109.1
Payment of fees shall be modified as follows:
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 5.
a. The building official shall have the authority to issue a permit
without fee and issue an invoice for said permit to be paid at a
later date.
(2) Chapter 58, Article IV, Sec. 58-138(c)(1) shall be modified as
follows:
a. A manager of operations of a public or semi-public aquatic facility
shall obtain certification from the regulatory authority. A manager
of operations may obtain certification if a manager of operations
has successfully completed a training course conducted by the
regulatory authority in the preceding three years.
e. Suspension or modification of the ordinances and regulations shall remain
in effect until these regulations are terminated or until the state of disaster
is terminated, whichever is sooner.
6. Enforcement. The Wichita Falls Police Department, Wichita County

Sheriff’s Office, the Wichita Falls Fire Marshal’s Office, and other Texas peace officers,
are hereby authorized to enforce this order. A violation of this order may be punishable
through criminal or civil enforcement. A violation of this order shall be a Class C
misdemeanor and the penalty for violating this Order shall be a fine of not less than one
dollar ($1.00) and no more than one thousand dollars ($1,000.00), as authorized by Texas
Government Code 418.173.
7. Posting of this Order. The Wichita Falls/Wichita County Public Health

District will post this Order on its website.
8. Savings Clause. If any provision of this Order or its application to any

person or circumstance is held by a court of competent jurisdiction to be invalid or
unconstitutional, then the remainder of the Order, including the application of such part
or provision to other persons or circumstances, shall not be affected and shall continue
in full force and effect. To this end, the provisions of this Order are severable.
ORDERED this the 19th day of May, 2020, in the City of Wichita Falls, Wichita
County, Texas, in witness whereof I subscribe my name and cause to be affixed the seal
of the City of Wichita Falls.
________________________________
Stephen Santellana, Mayor
Filed with me, the City Clerk of the City of Wichita Falls, this 19th day of May, 2020,
by Mayor Stephen Santellana, whose signature I hereby attest under my hand and the
seal of the City of Wichita Falls.
________________________________
Marie Balthrop, City Clerk
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 5.
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Public hearing and consideration of a resolution approving a
Conditional Use Permit for a convenience store use at 1526 Iowa
Park Road.
INITIATING DEPT: Development Services/ Planning

______________________________________________________________________
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Revitalize Depressed and Declining Neighborhoods

______________________________________________________________________
Project Timeline to Date:
· August 14, 2019 – The Planning and Zoning Commission (P&Z) approved a
Conditional Use Permit (CUP) for a 165’ communication tower at the site;
· February 19, 2020 – Staff met with the Quick Trip (QT) development team
regarding their development plans for the site.
· March 27, 2020 – QT submits request to City for CUP to allow new store;
· April 23, 2020 – Pursuant to State law and the City’s Zoning Ordinance,
notifications of the CUP request were mailed to all property owners within 200’;
· May 19, 2020 – City Council scheduled to conduct public hearing and consider the
request.
Summary
The P&Z would otherwise consider requests for Conditional Use Permits (CUP) with the
City Council only considering the appeal by the applicant of any P&Z denial of such. In
this situation, however, the City’s existing emergency order related to the Covid-19 crisis
suspends most City boards; as such and to avoid delays in the development permitting
process, this item is being placed before the City Council for consideration.
QT proposes to purchase the site of the current Nunn’s Manufactured Home Sales at the
northeast intersection of I-44/Old Iowa Park Road and redevelop the tract into a
convenience store with fuel sales (see exhibits, below). The site is currently zoned Light
Industrial (LI) which allows for the proposed convenience store/fuel sales use; however,
the P&Z recently granted a separate CUP at the site for a yet-to-be constructed private
communications tower. The City’s regulations regarding towers requires that new uses
on the tract subsequent to the tower are allowed only via separate CUP approval,
necessitating the need by QT to request this item. Approval of the CUP would allow for
the proposed convenience store use (i.e. zoning) at the site. Review and approval of
construction permits by the City, when submitted, will occur administratively as normal.
Staff recommends the City Council conduct the public hearing and approve the CUP via
the attached resolution.
PAGE 1 OF 15 PAGES
AGENDA ITEM NO. 6.A
Detail
Staff met with John Pimentel of Quick Trip Development Team to discuss acquisition and
development of the site into a Quick Trip convenience store. At the meeting he was
informed of the previously granted conditional use permit to Star Tower, LLC, in August
of 2019 to construct a communication tower, and the requirement for CUP for the new
proposed use. Staff advised the new use could be supported and recommended for
approval. Mr. Pimentel continued to advise of the specifics of the proposed development.
The location is to be a convenience store model versus “truck stop” model, and will not
include laundry or bathing facilities for truckers. The facility is proposed to be a total of
8,292 square feet with 10 gasoline pumps and 7 diesel pumps for semi-trucks.
The approved tower location is within a 50-foot by 50-foot lease in the north east corner
of the property. In order to allow for the 165 –foot tower to be constructed 25 feet from a
shared property line, engineered plans for the pole were submitted showing in the event
of a failure the pole is designed to remain within the lease area. The pole is designed for
the top 79 feet to fold over and hang from the remaining 86 feet of standing pole in the
event of a failure. The Quick Trip facility will be the nearest structure to the approved
tower site, and will be approximately 170 feet from the pole. The canopies for the refueling
stations are proposed to be further from the pole site. The Quick Trip site plan, recognizing
the approved tower location, has dedicated sufficient space and access to the approved
tower should the tower be constructed.
In other circumstances, a convenience store would be allowed by right subject to the site
plan review process. With the property having frontage along two TxDOT roadways, the
Quick Trip team consulted and received approval of the access points to the site from
TxDOT beforehand. When examining the circulation and drive aisle proposed by Quick
Trip, the plan dedicates large aisles for ease of access for both passenger vehicles as
well as semi-tractor trailers. In addition to access to, from, and within the site, the plan
shows to exceed the required number of parking stalls based on a one stall per 300
square feet of gross floor area requirement. In addition to zoning site requirements, as a
part of the site plan review process, the development proposal will be required to conform
to building code approved design and construction, Public Works stormwater detention
and utility access, and Health Department approved cooking appliances as well as
preparation and serving techniques.
Assistant City Manager Director of Development Services

______________________________________________________________________
ASSOCIATED INFORMATION: Exhibit A – Location Map; Exhibit B – Aerial Map; Exhibit
C – Photos of Subject Property & Area; Exhibit D – Site Plan Map; Exhibit E – Zoning &
Land Use Map; Exhibit F – Application Submission; Exhibit G – Notification Response
Map & Table; Resolution; Attachment 1.
______________________________________________________________________
PAGE 2 OF 15 PAGES
AGENDA ITEM NO. 6.A
Exhibit A – Location Map
PAGE 3 OF 15 PAGES
AGENDA ITEM NO. 6.A
Exhibit B – Aerial Map
PAGE 4 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT C – 1526 Iowa Park Road Site Photos
Photo 1 – View of the subject property from Iowa Park Road.
Photo 2 – View of the subject property from Iowa Park Road.
PAGE 5 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT C Cont. – 1526 Iowa Park Road Site Photos
Photo 3 – West view along Iowa Park Road.
Photo 4 – East view along Iowa Park Road.
PAGE 6 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT D – Site Plan Map
PAGE 7 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT E – Zoning and Land Use Map
PAGE 8 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT F – Application Submission
PAGE 9 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT F Cont. – Application Submission
PAGE 10 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT F Cont. – Application Submission
PAGE 11 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT G – Notification Response Map and Table
PAGE 12 OF 15 PAGES
AGENDA ITEM NO. 6.A
EXHIBIT G Cont. – Notification Response Map and Table
PAGE 13 OF 15 PAGES
AGENDA ITEM NO. 6.A
Resolution No. __________
Resolution approving a Conditional Use Permit for a convenience

store use at 1526 Iowa Park Road
WHEREAS, as a result of the COVID-19 pandemic, the City of Wichita Falls is

currently facing exposure of its citizens to a deadly virus; and,
WHEREAS, on March 19, 2020 Mayor Stephen Santellana signed a Proclamation

Declaring a Local State of Disaster Due to this health emergency; and,
WHEREAS, on March 25, 2020 Mayor Santellana signed a modification to the

Proclamation Declaring a Local State of Disaster suspending ordinance requirements
obligating the “City” to bring applications to boards and commissions; and,
WHEREAS, the Appendix B, Section 5910.G requires a lot used to locate a tower
shall be subject to the conditional use process for all subsequent activities or land uses;
and,
WHEREAS, staff have reviewed the submitted application and recommend

approval of the Conditional Use Permit.

1. A Conditional Use Permit allowing for the new land use of a convenience store on
a site concurrently with an approved communication tower, as depicted on the attachment
incorporated in this resolution as Attachment “1”, is hereby approved with the following
conditions:
A. Final approval of site improvements will be subject to the site plan review
process.
B. Obtain all necessary permits and licenses in accordance with city ordinances,
adopted building codes or health department regulations.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 14 OF 15 PAGES
AGENDA ITEM NO. 6.A
Attachment “1”
PAGE 15 OF 15 PAGES
AGENDA ITEM NO. 6.A
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution authorizing the City Manager to execute Change Order
No. 1 to reduce the 2020 Asphalt Rehabilitation Project scope by
$1,382,766.25.
INITIATING DEPT: Public Works

______________________________________________________________________
STRATEGIC GOAL: Provide Adequate Infrastructure
STRATEGIC OBJECTIVE: n/a

______________________________________________________________________
COMMENTARY: On February 18, 2020 bids were opened for the 2020 Asphalt
Rehabilitation Project. This project is generally described as the base repair, mill and
overlay of selected asphalt streets, and associated work. The engineer’s estimate for this
project was $5,830,000.00.
Freeman Paving, LLC was awarded the contract for the project in the amount of
$5,701,742.70. In accordance with the Texas Administrative Code, the City is allowed to
adjust the scope of work by up to 25% of the contract amount. Due to the COVID-19
impacts to the revenue source to fund this project, staff would recommend taking a
proactive step to reduce the project scope of the project. The change order amount is a
total reduction of $1,382,766.25, based on unit prices, which is 24.25%. This deduction
results in a new contract amount of $4,318,976.45
Staff recommends approval of this Change Order to reduce the scope of the project and
to help offset the impacts to general fund caused by the economic downturn as a result
of COVID 19.
Director, Public Works

______________________________________________________________________
ASSOCIATED INFORMATION: Resolution, Change Order No. 1

______________________________________________________________________
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 6.B
Resolution authorizing the City Manager to execute Change Order No.

1 to reduce the 2020 Asphalt Rehabilitation Project scope by
$1,382,766.25
WHEREAS, the City of Wichita Falls entered into a contract with Freeman Paving,
LLC for the 2020 Asphalt Rehabilitation Project with the estimated total of $5,701,742.70;
and,
WHEREAS, due to funding constraints associated with COVID-19, the City will
decrease the original contract amount by $1,382,766.25 which is no more than 25% in
accordance with Texas Administrative Code for a new contract amount of $4,318,976.45.

The City Manager is authorized to execute Change Order No. 1 for the 2020
Asphalt Rehab Project in the amount of a decrease of $1,382,766.25.
PASSED AND APPROVED this the 19th day of May 2020.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 6.B
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 6.B
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution authorizing the City Manager to make application for a
grant from the U.S. Department of Justice, Bureau of Justice
Assistance, 2020 Coronavirus Emergency Supplemental Funding
(CESF) Program, Grant Number H4246-TX-VD, in the amount of
$94,867.00.
INITIATING DEPT: Police

______________________________________________________________________
STRATEGIC OBJECTIVE: Practice Effective Governance

______________________________________________________________________
COMMENTARY: The U.S. Department of Justice, Bureau of Justice Assistance, has
opened the application period for grants from the 2020 Coronavirus Emergency
Supplemental Funding (CESF) Program. The Wichita Falls Police Department requests
to apply for a grant totaling $94,867.00. Grant funding will be used to supplement and
replace Personal Protective Equipment and supplies for Police Personnel ($34,867.00).
Grant funding will also be used for overtime funding incurred by Emergency Dispatchers
and Department personnel due to the Coronavirus ($60,000.00).
Staff recommends approval of the resolution.
Police Chief
_____________________________________________________________________
ASSOCIATED INFORMATION: Resolution

_____________________________________________________________________
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 6.C
Resolution authorizing the City Manager to make application for a

grant from the U.S. Department of Justice, Bureau of Justice
Assistance, 2020 Coronavirus Emergency Supplemental Funding
(CESF) Program, Grant Number H4246-TX-VD, in the amount of
$94,867.00
WHEREAS, the City of Wichita Falls is eligible to apply for a non-matching grant,
from the U.S. Department of Justice, Bureau of Justice Assistance, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program, Grant Number H4246-TX-VD, in
the amount of $94,867.00; and,
WHEREAS, the Wichita Falls City Council desires to authorize the City Manager
to submit an application to obtain any available funds from the Coronavirus Emergency
Supplemental Funding (CESF) Program; and,
WHEREAS, the use of these funds are planned to purchase personal protective
equipment and supplies for Police personnel. Grant funds will also be used for overtime
funding incurred by emergency dispatchers and Department personnel due to the
Coronavirus.

The City Manager is hereby authorized to make application for a grant from the
U.S. Department of Justice, Bureau of Justice Assistance, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program, Grant Number H4246-TX-VD, in
the amount of $94,867.00.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 6.C
______________________________________________________________________
CITY COUNCIL AGENDA

May 19, 2020
______________________________________________________________________
ITEM/SUBJECT: Resolution authorizing the City Manager to make application for a
grant from the Office of the Governor, Public Safety Office, Criminal
Justice Division, 2020 Coronavirus Emergency Supplemental
Funding (CESF), Grant Number 4157101, in the amount of
$87,950.61.
INITIATING DEPT: Police

______________________________________________________________________
STRATEGIC OBJECTIVE: Practice Effective Governance

______________________________________________________________________
COMMENTARY: The Office of the Governor, Public Safety Office, Criminal Justice
Division, has opened the application period for grants from the 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program. The Wichita Falls Police
Department requests to apply for a grant totaling $87,950.61. Grant funding will be
used to supplement and replace Personal Protective Equipment and supplies for Police
Personnel ($27,950.61). Grant funding will also be used for overtime funding incurred
by emergency dispatchers and Department personnel due to the Coronavirus
($60,000.00).
Staff recommends approval of the resolution.
Police Chief
_____________________________________________________________________
ASSOCIATED INFORMATION: Resolution

_____________________________________________________________________
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 6.D
Resolution authorizing the City Manager to make application for a

grant from the Office of the Governor, Public Safety Office, Criminal
Justice Division, 2020 Coronavirus Emergency Supplemental
Funding (CESF) Program, Grant Number 4157101, in the amount of
$87,950.61
WHEREAS, the City of Wichita Falls is eligible to apply for a non-matching grant,
from the Office of the Governor, Public Safety Office, Criminal Justice Division, 2020
Coronavirus Emergency Supplemental Funding (CESF) Program in the amount of
$87,950.61; and,
WHEREAS, the Wichita Falls City Council finds it in the best interest of the
citizens of Wichita Falls, that the Coronavirus Emergency Supplemental Funding
(CESF) Program be operated for 2020; and,
WHEREAS, the Wichita Falls City Council agrees that in the event of loss or
misuse of funding from the Office of the Governor, the Wichita Falls City Council
assures that the funds will be returned to the Office of the Governor in full; and,
WHEREAS, the Wichita Falls City Council designates Darron Leiker, City
Manager, as the grantee’s authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant
agency.

The City Manager is hereby authorized to make application for a grant from the
Office of the Governor, Public Safety Office, Criminal Justice Division, 2020 Coronavirus
Emergency Supplemental Funding (CESF) Program in the amount of $87,950.61.
______________________________
MAYOR
ATTEST:
____________________
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 6.D

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City of Wichita Falls

City Council Agenda

Darron Leiker, City Manager

This meeting can be accessed and viewed at the following locations:

2. (a) Invocation – Pastor Kyle Bateman

(b) Pledge of Allegiance

7. Other Council Matters

(b) Items of concern to members of the City Council

CITY COUNCIL AGENDA

CITY COUNCIL AGENDA

Item 1 - Call to Order

Stephen L. Santellana - Mayor

Darron Leiker - City Manager

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

Councilor Brewer gave the invocation.

Item 2b – Pledge of Allegiance

Mayor Santellana led the Pledge of Allegiance.

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

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

Item 4 – Receive Minutes

(a) Charter Review Committee, January 27, 2020

Item 5a – Ordinance 26-2020

Moved by Councilor Browning to approve Ordinance 26-2020.

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

CITY COUNCIL MINUTES

Moved by Councilor Chenault to approve Ordinance 27-2020.

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

Item 5c - Ordinance 28-2020

Ordinance appropriating $1,225,460 in Federal Coronavirus Aid, Relief, and Economic

Moved by Councilor Chenault to approve Ordinance 28-2020.

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

Item 5d – Ordinance 29-2020

Moved by Councilor Brewer to approve Ordinance 29-2020.

CITY COUNCIL MINUTES

Item 6a – Resolution 44-2020

Moved by Councilor Chenault to approve Resolution 44-2020.

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

Item 6b – Resolution 45-2020

Moved by Councilor Chenault to approve Resolution 45-2020.

Motion seconded by Councilor Browning.

CITY COUNCIL MINUTES

Item 6c – Resolution 46-2020

Resolution amending the guaranteed maximum price of $10,411,000 in the

Moved by Councilor Chenault to approve Resolution 46-2020.

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

Moved by Councilor Browning to approve Resolution 47-2020.

Motion seconded by Councilor Chenault.

CITY COUNCIL MINUTES

Motion carried by the following vote:

Mayor Santellana moved to item 9 at this time.

Item 9– Appointment to the Wichita-Wilbarger 9-1-1 District

Moved by Councilor Browning to appoint Dana Ross to the Wichita-Wilbarger 9-1-1

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

Item 7 – Items of Concern to Members of the City Council

Lou Kreidler, Director of Health, provided an update on COVID-19 cases in Wichita

CITY COUNCIL MINUTES

Councilor Browning – Reminded everyone to be personally responsible.