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

Supplemental Notice Of Special 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, Wednesday, March 25, 2020 Beginning At 8:30
A.M. Pursuant to Texas Government Code 551.045, a government body is allowed
to modify an agenda item within 72 hours of a called meeting in the event of an
emergency. An emergency or urgent public necessity does exist requiring
immediate action of the governmental body due to an imminent threat to public
health and safety, including and specifically the pandemic caused by COVID-19.
Due to the quickly changing situation in Wichita Falls and across the country, it
was necessary to amend Item 4, a Declaration of Disaster, so as to properly protect
the health and safety of the citizens of Wichita Falls.

Item #

1. Call to Order

2. (a) Invocation

(b) Pledge of Allegiance

3. Staff Reports
1. Staff update on COVID-19

4. Ordinances
Ordinance approving, continuing, and modifying the Declaration of Disaster signed
on March 19, 2020, by Mayor Stephen Santellana; declaring an emergency.

5. Other Council Matters

Items of concern to members of the City Council

6. Comments from the public to members of the city council concerning items that
are not on the city council agenda. People wishing to address the council should
sign up prior to the meeting commencing. A three-minute time frame will be
 adhered to for those addressing their concerns. As comments from the public are
not posted agenda items, the Texas Open Meetings Act prohibits City Council
members and Staff from discussing or responding to these comments during
Council meetings.

7. 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 7th 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 761-7409. Wireless Listening System devices are available at the City Manager's
reception area or you may call 761-7404 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 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 24th day of March, 2020 at 4:00 o’clock p.m.

____________________________
City Clerk

CITY COUNCIL AGENDA

PAGE 2 OF 2
______________________________________________________________________

CITY COUNCIL AGENDA

March 25, 2020
______________________________________________________________________
ITEM/SUBJECT: Ordinance approving, continuing, and modifying the Declaration of
Disaster signed on March 19, 2020, by Mayor Stephen Santellana;
declaring an emergency.

INITIATING DEPT: Legal

______________________________________________________________________
STRATEGIC GOAL: Efficiently Deliver City Services

STRATEGIC OBJECTIVE: Practice effective governance

______________________________________________________________________
COMMENTARY: On March 19, Mayor Santellana signed a Proclamation Declaring a
Local State of Disaster as a result of the COVID-19 pandemic. Under state law, the
Declaration may not be continued for more than seven (7) days without the approval of
the Council. The attached ordinance would continue the declaration until 1:00 p.m. on
April 8, 2020. Material changes to the Mayor’s Order are shown in red.

City Attorney
______________________________________________________________________
ASSOCIATED INFORMATION:

Budget Office Review

City Attorney Review

City Manager Approval

______________________________________________________________________

PAGE 1 OF 8 PAGES
AGENDA ITEM NO. 4.
 Ordinance No. _________

Ordinance approving, continuing and modifying the Proclamation

Declaring a Local State of Disaster signed on March 19, 2020, by Mayor
Stephen Santellana, and declaring an emergency

WHEREAS, as a result of the COVID-19 pandemic, the City of Wichita Falls is

currently facing exposure of its citizens to this deadly virus, as well as tremendous
economic losses; 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, the City of Wichita Falls has had five positive cases of the virus at the
time of the drafting of this ordinance; and,

WHEREAS, this modified Disaster Proclamation, if signed by the Local Health

Authority, is intended to constitute a Control Measure Order, as authorized by Texas Health
and Safety Code Chapter 81.

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

WICHITA FALLS, TEXAS, THAT:

1. Pursuant to Section 418.108 of the Texas Government Code, the City Council
hereby approves the Proclamation of Disaster as executed by Mayor Stephen
Santellana on March 19, 2020, and hereby adopts an amended Proclamation
of Disaster, herein attached as Exhibit A.
2. The Mayor’s Proclamation of Disaster, issued on March 19, 2020, continues
in effect until March 25, 2020 at 11:59 p.m., at which time the amended
Declaration of Local State of Disaster and Control Measure Order will control.
Pursuant to Section 418.108(b) of the Texas Disaster Act, the local state of
disaster due to this health emergency issued in this Proclamation shall
continue until 1:00 p.m. on April 8, 2020, unless modified or rescinded.
3. This ordinance is passed as an emergency measure and shall become
effective immediately upon its passage.

PASSED AND APPROVED this the 25th day of March, 2020.

______________________________
MAYOR
ATTEST:

____________________
City Clerk

PAGE 2 OF 8 PAGES
AGENDA ITEM NO. 4.
 CITY OF WICHITA FALLS, TEXAS

AMENDED PROCLAMATION DECLARING

A LOCAL STATE OF DISASTER
BY THE CITY OF WICHITA FALLS
MARCH 25, 2020

BE IT REMEMBERED:
WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath, and
outcomes have ranged from mild to severe illness and in some cases death; and,
WHEREAS, on January 30, 2020, the World Health Organization Director General
declared the outbreak of COVID-19 as a Public Health Emergency of International
Concern and advised countries to prepare for the containment, including active
surveillance, early detection, isolation and case management, contact tracing, and
prevention of onward spread of the disease; and,
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
worldwide pandemic; and,
WHEREAS, on March 13, 2020, the Governor of the State of Texas issued a proclamation
certifying that COVID-19 poses an imminent threat of disaster in the state and declared
a state of disaster for all counties in Texas; and,
WHEREAS, over 44,183 cases of COVID-19 have been reported in the United States,
including 544 deaths; and,
WHEREAS, a large gathering of unidentifiable individuals without necessary mitigation
for the spread of infection may pose a risk of the spread of infectious disease; and,
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat
of widespread illness, which requires emergency action; and,
WHEREAS, a declaration of local disaster includes the ability to take measures to reduce
the possibility of exposure to disease and mitigate the risk to, and promote the health and
safety of, the residents of the City of Wichita Falls; and,
WHEREAS, unless the actions as hereby provided are immediately initiated, avoidable
serious illness and deaths could occur.
WHEREAS, the Mayor of Wichita Falls, on March 19, 2020, issued a Proclamation
Declaring a Local State of Disaster and said Proclamation is set to expire on March 26,
2020.

PAGE 3 OF 8 PAGES
AGENDA ITEM NO. 4.
NOW, THEREFORE, by virtue of the authority vested in the City Council of Wichita Falls,
as the governing body of the City of Wichita Falls, a home-rule city, municipal corporation,
body politic and political subdivision of the State of Texas situated in Wichita County,
Texas, and pursuant to Section 418.108 of the Texas Government Code (Texas Disaster
Act), and Chapters 81 and 122 of the Texas Health & Safety Code,
BE IT PROCLAIMED BY THE CITY OF WICHITA FALLS:
Section 1. Declaration of Local State of Disaster. A local state of disaster due to this
health emergency as declared by the Mayor of the City of Wichita Falls, pursuant to
Section 418.108 of the Texas Disaster Act, is hereby continued as herein modified.
Section 2. Duration of Local State of Disaster. The Mayor’s Proclamation of
Disaster, issued on March 19, 2020, continues in effect until March 25, 2020 at 11:59
p.m., at which time this amended Declaration of Local State of Disaster will control.
Pursuant to Section 418.108(b) of the Texas Disaster Act, the local state of disaster due
to this health emergency issued in this Proclamation shall continue until 1:00 p.m. on April
8, 2020, unless continued, modified or rescinded.
Section 3. Publicity and Filing. Pursuant to Section 418.108(c) of the Texas Disaster
Act, this amended proclamation of a local state of disaster due to this health emergency
shall be given prompt and general publicity and shall be filed promptly with the City Clerk.
Section 4. Activation of the City Emergency Management Plan. Pursuant to
Section 418.108(d) of the Texas Disaster Act, the original proclamation of a local state of
disaster due to this health emergency activated the City of Wichita Falls Emergency
Management Plan.
Section 5. Prohibited Gatherings. The following are prohibited from being open or
taking place anywhere within the City of Wichita Falls. All individuals in Wichita Falls are
prohibited from participating in prohibited gatherings:
(a) Public or private Community Gatherings as defined in Section 8 below.
(b) Dine-in restaurants, microbreweries, micro-distilleries, and wineries. Said
establishments are allowed to remain open so long as they only provide take-out
delivery or drive-through services. All individuals who obtain food or beverages
from these establishments are required to leave the premises of said
establishment within five minutes of receiving their food or beverage. Premises of
these establishments includes all indoor and outdoor facilities, including parking
lots. Individuals shall not consume food or beverages on the premises of any
establishment regulated under this subsection.
(c) Indoor recreational facilities, including gyms, health studios; indoor amusement
facilities, bowling alleys, adult entertainment dance facilities, pool halls, and
theaters (theatres). All individuals within Wichita Falls are prohibited from utilizing
the services or facilities of any indoor recreational facility.
(d) Bars, lounges, taverns, and private clubs that allow for the on-premise
consumption of alcohol. All individuals within Wichita Falls are prohibited from
utilizing the services or facilities of any establishment governed by this subsection.
Individuals shall not consume food or beverages on the premises of any
establishment regulated under this subsection.

PAGE 4 OF 8 PAGES
AGENDA ITEM NO. 4.
 (e) Personal Grooming Establishments, including manicuring, pedicuring, facial
treatments, cosmetic applications, chemical applications, and massage parlors.
This does not include barber shops, hair and styling salons. All individuals within
Wichita Falls are prohibited from utilizing the services or facilities of any personal
grooming establishment.
(f) Tattoo establishments, including body piercing, and cosmetic tattooing. All
individuals within Wichita Falls are prohibited from utilizing the services or facilities
of any tattoo establishment.
Section 6. Protective Control Measures and Facilities. This declaration authorizes
the City to take any actions necessary to promote health and suppress the virus, including
the quarantine of persons and occupied structures, regulating ingress and egress from
the City, regulating ingress and egress to occupied structures, emergency hospitals, and
insuring compliance for those who do not comply with the City’s rules, pursuant to Section
122.006 of the Health and Safety Code.
Section 7. Reporting of COVID-19 Tests.
(a) All doctors located in Wichita County ordering COVID-19 testing and all public,
private, and commercial laboratories operating within Wichita County and
performing COVID-19 testing shall 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 in the County to
mitigate and contain the spread of COVID-19.
Section 8. Definitions.
(a) For purposes of these regulations, a “Community Gathering” is any indoor or
outdoor event or convening, subject to the exceptions and clarifications below, that
brings together or is likely to bring together more than ten (10) persons at the same
time in a single room or other single confined or enclosed space, such as an
auditorium; theater; stadium (indoor or outdoor); tent; arena or event center; music
venue; meeting hall; conference center; large cafeteria; or any other confined
indoor or confined outdoor space. All businesses should take all necessary steps
to ensure that outdoor gatherings, such as groups of people waiting to enter a
business, utilize a six-foot social distancing protocol.
(b) These regulations also do not prohibit gatherings of people in multiple separate
enclosed spaces in a single building, such as a school or office tower, so long as
more than 10 people are not present in any single space at the same time. These
regulations also do not prohibit the use of enclosed spaces where more than 10
people may be present at different times during the day, so long as more than 10
people are not present in the space at the same time.

PAGE 5 OF 8 PAGES
AGENDA ITEM NO. 4.
 (c) For purposes of clarity, a “Community Gathering” does not include the following so
long as visitors are generally not within six feet of one another for extended
periods:
1. Spaces where more than 10 persons may be in transit or waiting for transit
such as airports, bus stations, or terminals;
2. Office space, government meetings, public and private schools, child care
facilities, residential buildings, or any type of temporary sheltering or housing;
3. Grocery stores, farmers’ markets, shopping centers or malls, or other retail
establishments where large numbers of people are present, but it is unusual
for them to be within six feet of one another for extended periods;
4. Hospitals, pharmacies, and medical facilities; and,
5. Any location on Sheppard Air Force Base. The Sheppard Air Force Base
Installation Commander may define community gatherings for the installation
and may implement, in accordance with the authorities inherent in the position
and consistent with Federal law and department regulations, measures
necessary to ensure mission accomplishment, to ensure good order and
discipline, and to maintain the health, safety, and morale of Sheppard Air Force
Base personnel.

Section 9. Posting of These Regulations. The owner, manager, or operator of any

facility that is likely to be impacted by these regulations is strongly encouraged to post a
copy of these regulations visible to users of the facility and provide a copy to any user of
the facility asking for a copy.
Section 10. Severability. If any subsection, sentence, clause, phrase, or word of these
regulations or any application of them to any person, structure, gathering, or circumstance
is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction,
then such decision will not affect the validity of the remaining portions or applications of
these regulations.
Section 11. 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.

PAGE 6 OF 8 PAGES
AGENDA ITEM NO. 4.
 (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:
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.
Section 12. Penalties. The Wichita Falls Police Department, Wichita County Sheriff’s
Office, the Wichita Falls Fire Marshal's Office, and other 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 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) or confinement in jail for a term not to exceed
180 days, as authorized by Texas Government Code 418.173. A violation of this order
may be enforced by the filing of a probable cause affidavit alleging the criminal violation
with the appropriate court or by issuing a citation to the person violating, that contains
written notice of the time and place the person must appear before a magistrate of this
state, the name and address of the person charged, and the offense charged. Each day
a violation exists shall be a separate offense. This declaration also hereby authorizes the
use of any other lawfully available enforcement tools.
THE CITY HEREBY DECLARES A LOCAL STATE OF DISASTER WITHIN THE CITY
OF WICHITA FALLS to continue until 1:00 p.m. on April 8, 2020.
ACCORDINGLY, the March 19, 2020, Proclamation resulted in the activation of the City
Emergency Management Plan and the activation of all other charter, statutory, and
ordinance powers as vested in the Mayor and all officers of the City of Wichita Falls to act
in the premises and for the purposes stated. Prompt and general publicity was thereby
proclaimed and ordered as to the issuance of said Proclamation.
ORDERED this 25th day of March, 2020, in the City of Wichita Falls, Wichita County,
Texas, by the Wichita Falls City Council, in witness whereby I, as Mayor, hereunto
subscribe my name.

____________________________
Stephen Santellana, Mayor
City of Wichita Falls, Texas

PAGE 7 OF 8 PAGES
AGENDA ITEM NO. 4.
Filed with me, City Clerk Marie Balthrop of the City of Wichita Falls this 25th day of March,
2020, by Mayor Stephen Santellana, who signature I hereby certify is true and genuine,
with general publicity of the foregoing Amended Proclamation being put into effect the
same date as the signing thereof.

____________________________
Marie Balthrop, City Clerk
City of Wichita Falls, Texas

PAGE 8 OF 8 PAGES
AGENDA ITEM NO. 4.