2013_07.11 CC PacketI
KENNEDALE
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KENNEDALE CITY COUNCIL
AGENDA
REGULAR MEETING
July 11,2013
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. WORK SESSION
*NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the
right to adjourn into Executive Session at any time during the work session or the regular
session to discuss posted executive session items or to seek legal advice from the City Attorney
on any item posted on the agenda.
A. Discuss potential agreement with the City of Mansfield for dispatch and jail services.
B. Governance /Strategic Report
1. Update on board attendance records.
2. Balanced Scorecard report
3. Governance Policy report
III. REGULAR SESSION
IV. ROLL CALL
V. INVOCATION
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible."
VIII. VISITOR /CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda may speak to
the Council. No formal action can be taken on these items at this meeting.
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817- 985 -2100 I Fax: 817-478-7169
IX. REPORTS /ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or departments,
information regarding holiday schedules, upcoming or attended events, etc.
A. Updates and information from the Mayor.
B. Updates and information from the City Manager.
C. Updates from Councilmembers.
X. CONSENT ITEMS
All matters listed under consent agenda have been previously discussed, require little or no deliberation,
or are considered to be routine by the council. If discussion is desired, then an item will be removed
from the consent agenda and considered separately.
A. Consider approval of minutes from June 13, 2012 regular meeting.
XI. REGULAR ITEMS
A. Consider approval of Resolution 404, establishing a board and commission appointment process.
B. Discuss and consider approval of an Ordinance establishing the Parks and Recreation Board and
repealing all previous establishing ordinances for that board.
C. Discuss and consider approval of an Ordinance establishing the Library Board and repealing all
previous establishing ordinances for that board.
D. Discuss and consider approval of an Ordinance establishing the Keep Kennedale Beautiful
Commission and repealing all previous establishing ordinances for that commission.
E. Discuss and take action regarding an ordinance amending the Code of Ordinances of the City of
Kennedale by adopting Chapter 11, "Taxation," Article XII, "Hotel /Motel Occupancy Tax" levying a
tax on the occupancy of hotel rooms.
XII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee.
1. City Manager's annual performance evaluation.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV. ADJOURNMENT
Page 2 of 3
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty -eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at
817.985.2104 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the July 11, 2013, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall
building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at
all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter
551 of the Texas Government Code.
Amethyst G. Cirmo, City Secretary
Page 3of3
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: WORK SESSION - A.
I. Subject:
Discuss potential agreement with the City of Mansfield for dispatch and jail services.
11. Originated by:
111. Summary:
July 3, 2013
To: Bob Hart, City Manager
From: Chief Tommy Williams
Re: Joint Dispatch and Jail Operation
Introduction
As you are aware, we have been holding meetings with Mansfield Police Department officials in regards
to joining their system as a user for both public safety dispatch and jail. We have considered several
options over the years including a combined facility with Forest Hill and contracting with the City of
Arlington's dispatch facility.
The Forest Hill option had several obstacles including start -up costs and (on their part) a lack of political
support. The Arlington bid was simply too expensive at $375,000+ without a jail service contract. At the
time we asked for and received a bid from Mansfield for a jail services contract. This was priced at
approximately $65,000 which, when added to the Arlington bid, would have placed our cost at a minimum
of $100,000 over our current expenditures for dispatch and jail.
The bid that we have received from Mansfield is for dispatch and jail as well as maintaining our Public
Safety Answering Point (PSAP) service. It appears to be within our current operating cost after the first
year's start -up costs are paid. The first year's cost projection includes some onetime costs which I will
explain in more detail within the body of this memo.
Discussion
First year cost for the Mansfield service is set at $299,922.00. There will be other costs associated with
this operation that aren't part of the contract. The cost for jail service is set at $66,150 and is included in
the total cost estimate. There has been discussion in the news recently that Fort Worth may be looking at
cancelling the Mansfield contract in favor of going back to the county. There shouldn't be any change to
our contract even if Fort Worth cancels as we have the estimate in writing already. We have discussed
this possibility in previous meetings with them. My understanding is that Mansfield would allow attrition to
reduce their cost so that our price stays constant. Chief Fowler stated that Fort Worth's contract would
have no bearing on our price.
The start -up costs include buying into a new records management software management system that will
allow officers to be dispatched by, and complete reports through, the mobile computers. This is an
upgrade from our current open source CRIMES system as we are limited in the scope of what remote
operations the system allows. The price also includes a fiber connection through Charter so that we have
high -speed accessibility to the Mansfield system. The fiber connection will be $11,424.00 per year on a
five year contract.
The second year cost will be lower by $58,364.90. This is due to the first year's elimination of buy -in costs
to software and the physical move. After the first year we are responsible for only the yearly maintenance
fee of $8,304.00.
We would still need to pay our Fort Worth access fee each year as Mansfield is using the Fort Worth
system to give us full radio coverage. This is a $12,000.00 per year separate cost. We will be able to save
some cost by dropping the maintenance contract with DFW Communications because Mansfield has
technicians in place that can do maintenance on our radios for just the cost of parts. We would need to
maintain the maintenance fees on our consolette radios as they are the units that will be used to record
our radio traffic and MPD can't service those. This is a separate cost of approximately $800 dollars per
year.
Our 911 phones as well as the alternate emergency phones will be moved to MPD dispatch. Much of this
cost may be absorbed by the 911 district as they will save money in maintaining one PSAP instead of
two. They have grant monies available (up to $50,000) for assistance in moving the infrastructure. We are
meeting with all parties involved and continue to look at what we are actually consolidating versus what
the monies are available for. We will have more on that at a later date.
I know that there has been concern expressed about the state of the Mansfield jail. I have spoken to them
about this early on in our talks and have received assurances that they continue to pass the required
inspections to house federal prisoners. I have visited their facility on a number of occasions and found it
to be very clean compared to other jails I have been in. I have been asked by Chief Fowler and his jail
manager, Chief Aarons, to relay that council is welcome to inspect the facility at any time. They state that
no notice is required to facilitate a walk- through inspection.
There will be some ancillary costs involved for us. We will need to install a direct line phone to the MPD
dispatch office for our lobby. The police building, especially property and evidence, will need an alarm
system installed for after hours. The exterior doors will need to be hardened to discourage after -hours
entry attempts. The camera system and DVR will need updating as well as the lighting around the outside
of our building. I am in the process of getting bids for these projects but have no pricing as yet.
The downside that I see to this is that Mansfield has built in a cost adjustment each year for cost -of- living
increases for their employees. They have provided these adjustments in their bid. I am not sure how
comfortable council will be in signing this type of agreement when we haven't provided increases to our
employees in several years. This will definitely escalate the cost over a five to ten year period. The
concern here should be that once we have moved all of our equipment and services off -site it will be very
expensive to move them back and re -start the operation.
Summary
Just to recap, the first year cost will be $312,722.00. This includes $299,922.00 (Mansfield Contract),
$12,000.00 (Fort Worth Access Fee), and $800.00 (consolette maintenance). This may be a small first
year increase in what we currently expend, but for the small increase we will get multiple dedicated police
and fire dispatchers and call takers rather than the one person we have on the console now. We also get
24 hour jailers and medical staff to service our prisoners so the fire department will no longer be making
multiple runs for prisoners who are bored and want out of jail by feigning illness.
After the first year we will realize a savings of almost $60,000.00 per year.
IV. Fiscal Impact Summary:
Page 2 of 3
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
b. !Dispatch and jail service
Imansfield joint dispatch memo 06- 24- 2013.pdf
Page 3of3
KENNEDALE
Police Department
www.cityofkennedale.com
July 3, 2013
To: Bob Hart, City Manager
From: Chief Tommy Williams
Re: Joint Dispatch and Jail Operation
Introduction
As you are aware, we have been holding meetings with Mansfield Police Department officials in regards to
joining their system as a user for both public safety dispatch and jail. We have considered several options over
the years including a combined facility with Forest Hill and contracting with the City of Arlington's dispatch
facility.
The Forest Hill option had several obstacles including start -up costs and (on their part) a lack of political
support. The Arlington bid was simply too expensive at $375,000+ without a jail service contract. At the time
we asked for and received a bid from Mansfield for a jail services contract. This was priced at approximately
$65,000 which, when added to the Arlington bid, would have placed our cost at a minimum of $100,000 over
our current expenditures for dispatch and jail.
The bid that we have received from Mansfield is for dispatch and jail as well as maintaining our Public Safety
Answering Point (PSAP) service. It appears to be within our current operating cost after the first year's start -up
costs are paid. The first year's cost projection includes some onetime costs which I will explain in more detail
within the body of this memo.
Discussion
First year cost for the Mansfield service is set at $299,922.00. There will be other costs associated with this
operation that aren't part of the contract. The cost for jail service is set at $66,150 and is included in the total
cost estimate. There has been discussion in the news recently that Fort Worth may be looking at cancelling the
Mansfield contract in favor of going back to the county. There shouldn't be any change to our contract even if
Fort Worth cancels as we have the estimate in writing already. We have discussed this possibility in previous
meetings with them. My understanding is that Mansfield would allow attrition to reduce their cost so that our
price stays constant. Chief Fowler stated that Fort Worth's contract would have no bearing on our price.
The start -up costs include buying into a new records management software management system that will
allow officers to be dispatched by, and complete reports through, the mobile computers. This is an upgrade
from our current open source CRIMES system as we are limited in the scope of what remote operations the
system allows. The price also includes a fiber connection through Charter so that we have high -speed
accessibility to the Mansfield system. The fiber connection will be $11,424.00 per year on a five year contract.
The second year cost will be lower by $58,364.90. This is due to the first year's elimination of buy -in costs to
software and the physical move. After the first year we are responsible for only the yearly maintenance fee of
$8,304.00.
401 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817- 985 -2160 1 Fax: 817- 478 -6433
We would still need to pay our Fort Worth access fee each year as Mansfield is using the Fort Worth system to
give us full radio coverage. This is a $12,000.00 per year separate cost. We will be able to save some cost by
dropping the maintenance contract with DFW Communications because Mansfield has technicians in place
that can do maintenance on our radios for just the cost of parts. We would need to maintain the maintenance
fees on our consolette radios as they are the units that will be used to record our radio traffic and MPD can't
service those. This is a separate cost of approximately $800 dollars per year.
Our 911 phones as well as the alternate emergency phones will be moved to MPD dispatch. Much of this cost
may be absorbed by the 911 district as they will save money in maintaining one PSAP instead of two. They
have grant monies available (up to $50,000) for assistance in moving the infrastructure. We are meeting with
all parties involved and continue to look at what we are actually consolidating versus what the monies are
available for. We will have more on that at a later date.
I know that there has been concern expressed about the state of the Mansfield jail. I have spoken to them
about this early on in our talks and have received assurances that they continue to pass the required
inspections to house federal prisoners. I have visited their facility on a number of occasions and found it to be
very clean compared to other jails I have been in. I have been asked by Chief Fowler and his jail manager, Chief
Aarons, to relay that council is welcome to inspect the facility at any time. They state that no notice is required
to facilitate a walk- through inspection.
There will be some ancillary costs involved for us. We will need to install a direct line phone to the MPD
dispatch office for our lobby. The police building, especially property and evidence, will need an alarm system
installed for after hours. The exterior doors will need to be hardened to discourage after -hours entry attempts.
The camera system and DVR will need updating as well as the lighting around the outside of our building. I am
in the process of getting bids for these projects but have no pricing as yet.
The downside that I see to this is that Mansfield has built in a cost adjustment each year for cost -of- living
increases for their employees. They have provided these adjustments in their bid. I am not sure how
comfortable council will be in signing this type of agreement when we haven't provided increases to our
employees in several years. This will definitely escalate the cost over a five to ten year period. The concern
here should be that once we have moved all of our equipment and services off -site it will be very expensive to
move them back and re -start the operation.
Summary
Just to recap, the first year cost will be $312,722.00. This includes $299,922.00 (Mansfield Contract),
$12,000.00 (Fort Worth Access Fee), and $800.00 (consolette maintenance). This may be a small first year
increase in what we currently expend, but for the small increase we will get multiple dedicated police and fire
dispatchers and call takers rather than the one person we have on the console now. We also get 24 hour jailers
and medical staff to service our prisoners so the fire department will no longer be making multiple runs for
prisoners who are bored and want out of jail by feigning illness.
After the first year we will realize a savings of almost $60,000.00 per year.
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: WORK SESSION - B.
I. Subject:
Governance /Strategic Report
II. Originated by:
Bob Hart, City Manager
III. Summary:
The attachements for this item 1 -3 will be emailed to you on next Wednesday July 10th.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: Governance /Strategic Report - 1.
I. Subject:
Update on board attendance records.
II. Originated by:
III. Summary:
Attachment will be emailed to you on Wednesday July 10th.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: Governance /Strategic Report - 2.
I. Subject:
Balanced Scorecard report
II. Originated by:
III. Summary:
Attachment will be emailed to you on Wednesdau July 10th.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: Governance /Strategic Report - 3.
I. Subject:
Governance Policy report
II. Originated by:
III. Summary:
Attachment will be emailed to you on Wednesday July 10th.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - A.
I. Subject:
Updates and information from the Mayor.
II. Originated by:
City Council, City Council
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - B.
I. Subject:
Updates and information from the City Manager.
II. Originated by:
Bob Hart, City Manager
III. Summary:
Update from the City Manager,if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - C.
I. Subject:
Updates from Councilmembers.
II. Originated by:
City Council, City Council
III. Summary:
Updates from Councilmembers, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: CONSENT ITEMS - A.
I. Subject:
Consider approval of minutes from June 13, 2012 regular meeting.
II. Originated by:
Amethyst G. Cirmo, City Secretary and Communications Coordinator
III. Summary:
Attached is a copy of Council minutes dated June 13, 2013 for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. (minutes
106.13.2013 - CC Minutes.doc
1
KENNEDALE
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KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
June 13, 2013
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
II. WORK SESSION
Item II -B was discussed first.
Ashley Luu, Nadyeh Patel, and Elias Noorzad introduced themselves to the Council and explained their
interest in serving on the Youth Advisory Council.
A. Review and discuss the current process for Advisory Board appointments
The Council discussed board reorganization and the establishment of an appointment process.
Discussion items included the elimination of the Arts and Culture Board, moving all appointments to
October, converting alternate positions to regular on the Parks and Recreation Board and the Keep
Kennedale Beautiful Commission, and adding a community events component to the duties of the
Parks and Recreation Board. Also discussed were potential applicant orientation meetings and
individual applicant interMore information on these items will be brought to the Council in July.
B. Review applications for the 2013 -2014 Youth Advisory Council.
Item II -B was discussed first (see above).
C. Discuss schedule for FY 2013/14 budget preparations
Bob Hart proposed the following meeting schedule:
08/08/13 Regular Session: Submit Certified Appraisal Roll & Tax Calculations
08/09/13 Special Session: All Day Budget Workshop
09/12/13 Regular Session: Conduct Public Hearing On Budget
09/19/13 Special Session: Adopt Budget, Adopt Tax Rate
09/26/13 Special Session: Adopt Budget, Adopt Tax Rate
City Council agreed with this schedule.
Council recessed into executive session at 6:35pm to cover the items listed in section XII -A.
III. REGULAR SESSION
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817- 985 -2100 1 Fax: 817- 478 -7169
Council reconvened into open session at 7:13pm.
IV. ROLL CALL
Present: Mayor John Clark, Kelly Turner, Charles Overstreet, Liz Carrington, Frank Fernandez, Brian
Johnson.
Absent: none
V. INVOCATION
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
VIII. VISITOR /CITIZENS FORUM
1. Jeremiah Whunneberger, Executive Director of the Chamber of Commerce announced upcoming
networking luncheons, State of the City, State of the State, and State of the Union speeches. He
provided an update on Chamber membership and upcoming initiatives.
2. Krystin Sanders, recent winner of an award from Keep Texas Beautiful, talked about the recycling
bowl. She asked council & city employees to participate in this fun, competitive recycling event.
3. Ernest Harvey, Chair of the Planning and Zoning Commission approached the Council to comment
on an item on the work session. He asked that the Council consider continuing the Arts and
Culture Board.
IX. REPORTS /ANNOUNCEMENTS
No reports or announcements were made.
X. CONSENT ITEMS
All matters listed under consent agenda have been previously discussed, require little or no deliberation, or
are considered to be routine by the council. If discussion is desired, then an item will be removed from the
consent agenda and considered separately.
A. Consider approval of minutes from May 9, 2013 regular meeting.
B. Consider authorizing City Manager to execute a contract with Tarrant County Tax Office for the
assessment and collection of ad valorem taxes levied by the City of Kennedale for the 2013 tax year.
C. Consider authorizing city manager to execute an interlocal agreement with Tarrant County for the
construction of Link Street and a portion of High Ridge Street.
D. Consider authorizing the Mayor to execute an Agreement to Participate in Tax Increment
Reinvestment Zone Number One, City of Kennedale, Texas (New Hope Road) between the City of
Kennedale and Tarrant County College District.
E. Consider authorizing expenditure of Police Seizure Funds
Motion To approve the consent agenda as presented. Action Approve, Moved By Liz Carrington,
Seconded By Charles Overstreet
Motion Passed Unanimously
Page 2 of 4
XI. REGULAR ITEMS
A. CASE # PZ 13 -02 to receive comments and consider action on a request by the Kennedale
Economic Development Corporation to amend regulations governing signs in the Kennedale
TownCenter Planned Development District adopted under Ordinance No. 434, for property located at
201 W Kennedale Pkwy, more particularly described as Block A, Kennedale Town Center Planned
Development District.
Rachel Roberts gave the Council a brief background on the basic sign ordinance as it stands, and
noted that due to the destruction of the past TownCenter sign in a weather event, a new sign was
needed. Due to traffic speed on Kennedale Parkway and that fact that this area houses businesses
without frontage on the Parkway, a change to the sign regulation may be needed to encourage the
exposure of these businesses.
Councilmembers Johnson and Overstreet asked questions related to the reasoning behind those who
voted no on the Planning and Zoning Commission.
Mayor Clark opened the public hearing.
Two individuals signed up to speak:
1. Ray Cowan, of 101 Village Street approached the Council and encouraged the Council to pass
the Ordinance, citing the need of the businesses.
2. John Cunningham, owner of the Allstate Insurance business in TownCenter approached the
Council, noting that many of his customers have spoken about the lack of signage. He also
noted that due to our landscaping initiatives, shorter pedestal signs would not be readable.
3. David Johnson, owner of Cypress Properties and manager of Kennedale TownCenter,
approached the Council and went over the TownCenter master plan. He explained that the
lack of signage has been a deterrent to new clients.
No other individuals signed up to speak and the public hearing was closed.
Motion To approve Case #PZ 13 -02 and Ordinance 521. Action Approve, Moved By Liz
Carrington, Seconded By Brian Johnson
Ayes: Liz Carrington, Brian Johnson, Charles Overstreet, Kelly Turner
Nays: Frank Fernandez
The motion passed 4 -1.
B. Consider a recommendation from the Parks and Recreation Advisory Board regarding an increase in
pavilion rental rates.
Larry Hoover approached the Council, noting that the Parks and Recreation Board revisited the
reservation rate topic based on City Council's request at the last meeting. Council did not have any
further questions.
Motion To approve the consent agenda as presented. Action Approve, Moved By Charles
Overstreet, Seconded By Charles Overstreet
Motion Passed Unanimously
C. Consider appointing Elias Noorzad, Nadyeh Patel, Ashley Luu, Hailey Green, Morgan Biscoe, and
Emily Beck as members of the 2013 -2014 Youth Advisory Council.
Page 3 of 4
Motion To approve the appointment of Elias Noorzad, Nadyeh Patel, Ashley Luu, Hailey Green,
Morgan Biscoe, and Emily Beck as members of the 2013 -2014 Youth Advisory Council.. Action
Approve, Moved By Brian Johnson, Seconded By Charles Overstreet.
Motion Passed Unanimously
D. Consider approval of special council meeting dates for FY2013/2014 budget and tax hearings.
Mayor Clark noted that this item was discussed during the work session and repeated the dates from
item II -C.
Motion To approve special council meeting dates for FY2013/2014 budget and tax hearings. Action
Approve, Moved By Brian Johnson, Seconded By Liz Carrington.
Motion Passed Unanimously
Council recessed into executive session earlier in the meeting, no additional executive session time
was necessary.
XII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government
Code for consultation with the City Attorney pertaining to any matter in which the duty of the City
Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open
Meetings Act, including discussion of any item posted on the agenda and legal issues regarding
proposed development agreement and nondisclosure agreement.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By Brian Johnson, Seconded By Liz Carrington.
Motion Passed Unanimously
The meeting was adjourned at 8:12PM.
APPROVED:
Mayor John Clark
ATTEST:
City Secretary Amethyst G. Cirmo
Page 4of4
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Consider approval of Resolution 404, establishing a board and commission appointment process.
II. Originated by:
Bob Hart, City Manager
III. Summary:
In response to the conversation held during the work session at the June regular meeting, staff has
developed a formalized appointment process for council- appointed boards and commissions. This
includes publication of vacancies, application submission for those interested in reappointment, individual
interviews with the City Council as a whole, and annual appointments for all boards in October.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. 1R404 1R404 - Board Appointment Process.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS ESTABLISHING AN APPOINTMENT
PROCESS FOR BOARDS AND COMMISSIONS APPOINTED
BY CITY COUNCIL.
WHEREAS, it is the desire of the Mayor and City Council to encourage participation by citizens,
elected officials and appointed officials in the selection process for all appointments to
the City's Boards, Commissions, and Committees; and
WHEREAS, the City Council wishes to recruit and appoint highly qualified individuals to serve
on behalf of the residents of Kennedale in various capacities; and
WHEREAS, the City Council believes that the establishment of an official annual appointment
process will increase awareness and public interest in serving on city boards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The following appointment process shall be used for appointments to existing Boards,
Commissions and Committees established and appointed by the City Council and to those
Boards, Commissions and Committees subsequently established and appointed by the City
Council.
Any existing or subsequently established boards, commissions, or committees whose members
are not appointed by City Council shall be filled through a separate application process.
SECTION 2.
Current board and commission members whose terms expire that year must provide notification
to the City Secretary's office by July 31st indicating either their interest in reapplying for their
current seat or their intent to vacate that seat.
SECTION 3.
For annual appointments, the City Secretary shall advertise vacancies and term expirations for
at least sixty (60) days in any of the following ways: on the City's website, in the City newsletter,
and with announcements at city council and board meetings.
SECTION 4.
Applications will be made available both online and in paper format for a minimum of thirty (30)
days prior to the regular City Council meeting in October. Applications must be fully completed
and submitted to the City Secretary's Office on or before the advertised due date. Incomplete
applications will not be considered. Applicants must agree to abide by the city's Code of Ethics
and to the guidelines established by the City of Kennedale Board and Commission Handbook.
Applicants will be able to indicate specific boards of interest; however, final placement is left to
the discretion of City Council.
Reappointments are not automatic and are subject to the discretion of City Council. Present
members who wish to continue to serve in their current seat must abide by the process
described herein, including the application and interview process.
SECTION 5.
Upon closure of the application period, all applications and any supporting documents shall be
sent to City Council. Interviews of all applicants will be conducted by City Council as a whole
prior to the official appointment date in October. Applicants will be expected to attend an
interview and be familiar with city initiatives and plans. All applicants will be notified of the
status of their application prior to the official appointment date.
SECTION 6.
Official appointments will be made at the regular City Council meeting in October.
SECTION 7.
All applications and supporting documentation shall be kept on file in the City Secretary's office
for one (1) year. Should a vacancy occur, the applications on file and any new applications
received shall be sent to the City Council for review and consideration for appointment by the
City Council.
SECTION 8.
This resolution shall be effective upon its approval by the City Council.
APPROVED this 11th day of July, 2013.
APPROVED:
Mayor John Clark
ATTEST:
Amethyst G. Cirmo, City Secretary
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REGULAR ITEMS - B.
I. Subject:
Discuss and consider approval of an Ordinance establishing the Parks and Recreation Board and
repealing all previous establishing ordinances for that board.
II. Originated by:
Bob Hart, City Manager
III. Summary:
This ordinance converts two alternate seats to regular seats for 9 total regular seats, expands the mission
and functions of the board, and establishes annual appointments to be made in October.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. IPRB Ordinance (Parks and Recreation Board.pdf
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE II, "PARKS
AND RECREATION BOARD ", OF THE CODE OF ORDINANCES OF
THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY
ESTABLISHING NEW SECTIONS PROVIDING FOR CREATION AND
PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND
REQUIREMENTS, AND POWERS AND DUTIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council previously adopted an ordinance providing for the creation
and appointment of the Parks and Recreation Board; and
WHEREAS, the City Council now desires to amend said ordinance to revise the
provisions regarding membership on the board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 16, Article II of the Kennedale City Code is hereby amended in its entirety to
read as follows:
"ARTICLE II. PARKS AND RECREATION BOARD
Sec. 16 -10. Creation and Purpose.
There is hereby created and established a parks, and recreation board. Such board shall be
officially designated as the Parks and Recreation Board of the City of Kennedale, Texas. The
board shall provide recommendations and advice to the city council on policies, projects, and
other matters pertaining to parks, recreation, public space, and community events in the City of
Kennedale
Sec. 16 -11. Membership.
(a) Appointed by majority vote of the City Council, this board shall consist of nine (9)
regular members designated by Places 1 through 9. Appointments shall take place in October of
each year, with Places 1, 3, 5, 7, and 9 appointed in odd numbered years and Places 2, 4, 6, and 8
appointed in even numbered years. The term for each place shall be two (2) years. Members
must meet the following qualifications:
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Be a registered voter of the city;
Shall have resided in the corporate limits of the city for at least one (1) year; and
Continue residency in the city during the term of office.
(b) The City Council shall appoint a replacement to fill any vacancy for the unexpired term
of the members whose place has become vacant.
(c) The City Council shall have the authority to remove any member at any time, with or
without cause.
Sec. 16 -12. Organization, Rules, and Requirements.
(a) By November of each year, the membership shall determine, by simple majority vote, a
chair and a vice chair. The terms of the chair and vice chair shall be one (1) year. It will be the
duty of the Chair to preside over meetings and to assist in setting meeting agendas. If the chair is
absent the vice chair shall assume the duties of that office.
(b) Members of the board shall meet at least ten (10) times per year, on a regular day and
time selected by its members. The chair may call special meetings as necessary.
(c) The board shall conduct meetings and govern its proceedings according to the City
Council's adopted rules of order, abide by the Texas Open Meetings Law, and shall keep a
record of its proceedings, including votes and attendance, and shall submit these records to the
City Secretary's Office.
(d) Members of the board shall not take any action unless a quorum is present. A quorum
shall consist of five (5) members. Each member, including the Chair, is entitled to one (1) vote,
and action of the board shall require a majority of those members present.
(e) The City Manager shall designate a city employee to serve as staff liaison to the board.
(f) Members of the board shall receive five dollars ($5.00) for each regular meeting attended
as compensation for the performance of their duties, but no compensation shall be paid for
special meetings. In addition, members may receive reimbursement of authorized expenses
attendant to the performance of their duties.
Sec. 16 -13. Powers and Duties.
(a) This board is advisory only and shall not have any decision - making authority.
(b) The board shall have the following duties:
(1) To make studies and project plans for the improvement and acquisition of public
parks and open spaces with a view of park development and extension, and to
recommend all matters for the development and advancement of the city parks
and open space facilities, layout and appearance, and to perform the duties of
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advance planning for future acquisition and development of potential park and
open space lands;
(2) To aid and assist the city in the procuring of financial and other aids and
assistance for the city from the state and federal governments and their agencies
for each and all of the purposes herein enumerated;
(3)
To act with and assist all other municipal boards, governmental agencies, regional
associations and especially the city council in formulating proper plans for
municipal park and open space development;
(4) To plan and recommend the location, plan, and extent of city parks, playgrounds,
and other public grounds and public improvements, for the location and planning
of public buildings, schools and other properties, and of recreational facilities,
including those public and privately owned improvements for water, lights,
sanitation, sewer disposal, and drainage;
(5) To recommend general rules and regulations governing use of parks, open spaces,
community, recreational facilities and buildings;
(6) To recommend plans for improving, developing, expanding and beautifying the
parks and public buildings in or adjacent to the city and to cooperate with the city
council and other agencies of the city in advising, establishing, locating,
improving, selecting, expanding and maintaining the public parks, playgrounds
and lakes for public recreation;
(7)
(8)
To recommend programs and community events to the city council, to originate,
plan and coordinate recreation programs and community events for all segments
of the population, throughout all seasons of the year. Efforts by the board should
be made to assure that all recommendations will utilize existing facilities and
organizations to provide recreational, leisure, and community event activities to
the citizens. The board should concern itself with the possibilities of gaining
cooperative use of noncity -owned facilities and implementing proven programs to
attract participants for recreational activities.
To accomplish these duties, the board may establish subcommittees as necessary.
Any subcommittee shall be chaired by a Parks and Recreation Board member, and
an unspecified number of community volunteers may be chosen by the
commission as working subcommittee members."
Secs. 16 -14 - 16 -19. Reserved."
SECTION 2.
The two alternates serving on the board at the time of this Ordinance's approval shall
serve as regular members until October 2013 or until his or her successor is appointed by the
City Council.
SECTION. 3
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This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 11th day of July, 2013.
Mayor, John Clark
Attest:
Amethyst G. Cirmo, City Secretary
Effective Date:
Approved As To Form And Legality:
Wayne Olson, City Attorney
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KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REGULAR ITEMS - C.
I. Subject:
Discuss and consider approval of an Ordinance establishing the Library Board and repealing all previous
establishing ordinances for that board.
II. Originated by:
Bob Hart, City Manager
III. Summary:
This ordinance eliminates 2 alternate seats for a total of 5 regular members, and established that the
board is advisory to staff. The functions of the board will remain the same. Appointments will be made
annually by staff in October.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. (Library Board
ILibrary Advisory Board.pdf
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE V, "LIBRARY
ADVISORY BOARD ", OF THE CODE OF ORDINANCES OF THE CITY
OF KENNEDALE, TEXAS, AS AMENDED, BY ESTABLISHING NEW
SECTIONS PROVIDING FOR A NEW BOARD NAME, CREATION AND
PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND
REQUIREMENTS, AND POWERS AND DUTIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council previously adopted an ordinance providing for the creation
and appointment of the Library Advisory Board; and
WHEREAS, the City Council now desires to amend said ordinance to revise the
regarding membership on the board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 16, Article V of the Kennedale City Code is hereby amended in its entirety to
read as follows:
"ARTICLE V. LIBRARY BOARD
Sec. 16 -60. Creation and Purpose.
There is hereby created and established a Library Board. Such board shall be officially
designated as the Library Board of the City of Kennedale, Texas. The board shall provide
guidance and support to all facets of library operation, provide short and long -term planning, and
serve as a liaison between the library and the public.
Sec. 16 -61. Membership.
(a) Appointed by the City Council, this board shall consist of five (5) regular members
designated by Places 1 through 5. Appointments shall take place in October of each year, with
Places 1, 3, and 5 appointed in odd numbered years and Places 2 and 4 appointed in even
numbered years. The term for each place shall be two (2) years. Members must meet the
following qualifications:
(1) Be a registered voter of the city;
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(2) Shall have resided in the corporate limits of the city for at least one (1) year and
(3) Continue residency in the city during the term of office.
(b) The City Council shall appoint a replacement to fill any vacancy for the unexpired term
of the members whose place has become vacant.
(c) The City Council shall have the authority to remove any member at any time, with or
without cause.
Sec. 16 -62. Organization, Rules, and Requirements.
(a) By November of each year, the membership shall determine, by simple majority vote, a
chair and a vice chair. The terms of the chair and vice chair shall be one (1) year. It will be the
duty of the Chair to preside over meetings and to assist in setting meeting agendas. If the chair is
absent the vice chair shall assume the duties of that office.
(b) Members of the board shall meet at least four (4) times per year, on a regular day and
time selected by its members. The chair may call special meetings as necessary.
(c) The board shall adopt its own rules and procedures and shall keep a record of its
attendance.
(d) Members of the board shall not take any action unless a quorum is present. A quorum
shall consist of three (3) members. Each member, including the Chair, is entitled to one (1) vote,
and action of the board shall require a majority of those members present.
(e) The Library Director shall serve as staff liaison to the board.
(f) Members of the board shall receive five dollars ($5.00) for each regular meeting attended
as compensation for the performance of their duties, but no compensation shall be paid for
special meetings. In addition, members may receive reimbursement of authorized expenses
attendant to the performance of their duties.
Sec. 16 -63. Powers and Duties.
(a) This board is advisory only and shall not have any decision - making authority.
(b) The board shall have the following duties:
(1) Encourage the development of public libraries within the City of Kennedale;
(2) Organize and coordinate fund- raising drives, reading or literacy programs, and
other events for the benefit of the library and the community;
(3)
Recommend to the city council policies and programs for the advancement of
public libraries within the City of Kennedale;
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(4) Cooperate with all other public and private groups in advancing the best interest
of the public libraries in the City of Kennedale.
Secs. 16 -64 - 16 -69. Reserved."
SECTION 2.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 1 lth day of July, 2013.
Mayor, John Clark
Attest:
Amethyst G. Cirmo, City Secretary
Effective Date:
Approved As To Form And Legality:
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Wayne Olson, City Attorney
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KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REGULAR ITEMS - D.
I. Subject:
Discuss and consider approval of an Ordinance establishing the Keep Kennedale Beautiful Commission
and repealing all previous establishing ordinances for that commission.
II. Originated by:
Bob Hart, City Manager
III. Summary:
This ordinance converts 2 alternate seats to regular seats for a total of 9 regular members, to be
appointed annually in October.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. IKKB Ordinance (Keep Kennedale Beautiful Commission.pdf
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE VII, "KEEP
KENNEDALE BEAUTIFUL COMMISSION ", OF THE CODE OF
ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED,
BY ESTABLISHING NEW SECTIONS PROVIDING FOR CREATION
AND PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND
REQUIREMENTS, AND POWERS AND DUTIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council previously adopted an ordinance providing for the creation
and appointment of the Keep Kennedale Beautiful Commission; and
WHEREAS, the City Council now desires to amend said ordinance to revise the
provisions regarding membership on the commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 16, Article VII of the Kennedale City Code is hereby amended in its entirety to
read as follows:
"ARTICLE VII. KEEP KENNEDALE BEAUTIFUL COMMISSION
Sec. 16 -95. Creation and Purpose.
There is hereby created a Keep Kennedale Beautiful Commission. Such commission
shall be officially designated as the Keep Kennedale Beautiful Commission of the City of
Kennedale, Texas. The commission shall promote public interest in the general improvement of
the physical environment of the city and to support programs for refuse management, recycling,
and beautification in conjunction and in cooperation with the citizens, government, businesses,
and industries within the city limits of Kennedale.
Sec. 16 -96. Membership.
(a) Appointed by majority vote of the City Council, this commission shall consist of nine (9)
regular members designated by Places 1 through 9. Appointments shall take place in October of
each year, with Places 1, 3, 5, 7, and 9 appointed in odd numbered years and Places 2, 4, 6, and 8
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appointed in even numbered years. The term for each place shall be two (2) years. Members
must meet the following qualifications:
(1) Be a registered voter of the city;
(2) Shall have resided in the corporate limits of the city for at least one (1) year; and
(3) Continue residency in the city during the term of office.
(b) The City Council shall appoint a replacement to fill any vacancy for the unexpired term
of the members whose place has become vacant.
(c) The City Council shall have the authority to remove any member at any time, with or
without cause.
Sec. 16 -97. Organization, Rules, and Requirements.
(a) By November of each year, the membership shall determine, by simple majority vote, a
chair and a vice chair. The terms of the chair and vice chair shall be one (1) year. It will be the
duty of the Chair to preside over meetings and to assist in setting meeting agendas. If the chair is
absent the vice chair shall assume the duties of that office.
(b) Members of the commission shall meet at least ten (10) times per year, on a regular day
and time selected by its members. The chair may call special meetings as necessary.
(c) The commission shall conduct meetings and govern its proceedings according to the City
Council's adopted rules of order, abide by the Texas Open Meetings Law, and shall keep a
record of its proceedings, including votes and attendance, and shall submit these records to the
City Secretary's Office.
(d) Members of the commission shall not take any action unless a quorum is present. A
quorum shall consist of five (5) members. Each member, including the Chair, is entitled to one
(1) vote, and action of the commission shall require a majority of those members present.
(e) The City Manager shall designate a city employee to serve as staff liaison to the
commission.
(f) Members of the commission shall receive five dollars ($5.00) for each regular meeting
attended as compensation for the performance of their duties, but no compensation shall be paid
for special meetings. In addition, members may receive reimbursement of authorized expenses
attendant to the performance of their duties.
Sec. 16 -98. Powers and Duties.
(a) This commission is advisory only and shall not have any decision - making authority.
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(b) The commission shall have the following duties:
(1) Encourage the reduction of litter in the city, and problems associated therewith;
(2) Recommend to the city council city -wide refuse policy, environmental policy, and
beautification programs for the community as may be needed;
(3)
Recommend to the city council the priorities of programs adopted in accordance
with this section;
(4) Evaluate effectiveness of such policies which may be adopted by the city council
in accordance with this section;
(5) Recommend enforcement and additional program alternatives;
(6) Monitor program accomplishments from data collected and examined under the
Keep America Beautiful, Inc., Keep America Beautiful System guidelines; and
Carry out such other tasks as the city council and city manager may designate.
(7)
(c) To accomplish these duties, the board may establish subcommittees as necessary. Any
subcommittee shall be chaired by a Keep Kennedale Beautiful Commission member, and an
unspecified number of community volunteers may be chosen by the commission as working
subcommittee members.
Sec. 16-99. Reserved."
SECTION 2.
The two alternates serving on the board at the time of this Ordinance's approval shall
serve as regular members until October 2013 or until his or her successor is appointed by the
City Council.
SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
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ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 11th day of July, 2013.
Mayor, John Clark
Attest:
Amethyst G. Cirmo, City Secretary
Effective Date:
Approved As To Form And Legality:
Wayne Olson, City Attorney
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KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: REGULAR ITEMS - E.
I. Subject:
Discuss and take action regarding an ordinance amending the Code of Ordinances of the City of
Kennedale by adopting Chapter 11, "Taxation," Article XII, "Hotel /Motel Occupancy Tax" levying a tax on
the occupancy of hotel rooms.
11. Originated by:
Sakura Moten - Dedrick, Director of Finance & IT
111. Summary:
Section 351.002 of the Texas Tax Code authorizes a municipality to adopt an ordinance to impose a tax
on a person who, under contract or agreement, pays for the use or possession or for the right to use or
possession of a room in a hotel.
There is hereby levied a tax upon the cost of occupancy of any room ordinarily used as a sleeping room
furnished by any hotel within the Town of ? ? ?? where such cost of occupancy is at the rate of $2.00 or
more each day, such tax to be equal to the maximum tax as is now or as hereafter permitted by State
law, which is currently 9 %.
Revenue from municipal hotel occupancy tax may be used only to promote tourism and the convention
and hotel industry, and that use is limited to the following:
(I) Convention /Visitor Facilities. The acquisition of sites for the construction, improvement, enlarging,
equipping, repairing, operation, and maintenance of convention center facilities or visitor information
centers, or both;
(ii) Furnishings. The furnishing of facilities, personnel, and materials for the registration of convention
delegates or registrants;
(iii) Advertising and Promotions. Advertising and conducting solicitations and promotion programs to
attract tourists and convention delegates or registrants to the town or its vicinity;
(iv) Arts. The encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied
fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and
sound recording, and other arts related to the presentation, performance, execution, and exhibition of
these major art forms;
(v) Historic Purposes. Historical restoration and preservation projects or activities or advertising and
conducting solicitations and promotional programs to encourage tourists and convention delegates to visit
preserved historic sites or museums:
a. At or in the immediate vicinity of convention center facilities or visitor information centers; or
b. Located elsewhere in the Town or its vicinity that would be frequented by tourists and convention
delegates;
(vi) Other. Other qualifying uses as set forth in Section 351.101 of the Tax Code, as amended, or
other applicable law.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. (Hotel /Motel Occupancy Tax Ordinance
IHotel Motel Tax 2013 CL 07 -04 13.pdf
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF KENNEDALE BY ADDING ARTICLE XII, "HOTEL/MOTEL
OCCUPANCY TAX ", TO CHAPTER 11, "LICENSES, TAXATION, AND
MISCELLANEOUS BUSINESS REGULATIONS "; ADOPTING AND
LEVYING A TAX ON THE OCCUPANCY OF HOTEL ROOMS;
PROVIDING FOR EXEMPTIONS IN CERTAIN CIRCUMSTANCES;
PROVIDING FOR REPORTS AND RECORDS; PROVIDING FOR TAX
COLLECTION; PROVIDING FOR USE OF TAX REVENUE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (hereinafter referred to as "City ") is a home
rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution, and Chapter 9 of the Texas Local Government Code; and
WHEREAS, the City is empowered by the Texas Constitution and state law to levy taxes
for lawful purposes; and
WHEREAS, Section 351.002 of the Texas Tax Code authorizes a municipality to adopt
an ordinance to impose a tax on a person who, under contract or agreement, pays for the use or
possession or for the right to use or possess a room in a hotel; and
WHEREAS, the City Council has determined it is necessary and appropriate to levy a
tax on the occupancy of a hotel room and to use the revenues from such tax for lawful purposes
pursuant to Chapter 351 of the Texas Tax Code, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS THAT:
SECTION 1.
Chapter 11, "Licenses, Taxation, and Miscellaneous Business Regulations" of the Code
of Ordinances of the City of Kennedale is hereby amended by adding Article XII., "Hotel/Motel
Occupancy Tax ", to read as follows:
"ARTICLE XII. HOTEL /MOTEL OCCUPANCY TAX
Sec. 11 -275. Definitions.
As used in this Article, the following words, terms, and phrases are defined as follows:
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Chief Financial Officer means the Finance Director for the City of Kennedale or his or
her designee.
Consideration means the cost of a room in a hotel, and does not include:
(1)
the cost of any food served or personal services rendered to the occupant not
related to cleaning and readying the room or space for occupancy; or
(2) any tax assessed by any other governmental agency for occupancy of the room.
Hotel means any building in which members of the public obtain sleeping
accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house,
tourist court, hostel, lodging house, inn, rooming house, or bed and breakfast. The term does not
include:
(1) a hospital, sanitarium, or nursing home; or
(2) a dormitory or other housing facility owned or leased and operated by an
institution of higher education or a private or independent institution of higher
education as those terms are defined by Section 61.003, Education Code, used by
the institution for the purpose of providing sleeping accommodations for persons
engaged in an educational program or activity at the institution.
Interruption of payment means a breach of the obligation to make continuous timely
payment for one or more days or parts of a day within a period of thirty (30) consecutive days of
occupancy.
Occupancy means the use or possession, or the right to the use or possession, of any room
in a hotel.
Occupant means any person who, for a consideration, uses, possesses, or has a right to
use or possess any room in a hotel under any lease, concession, permit, right of access, license,
contract, or agreement.
Permanent Resident means an occupant(s) whose use, possession or whose right to use or
possession of a hotel sleeping room extends for at least thirty (30) consecutive days and where
there is no interruption of payment for the period and where prior to using or possessing the hotel
sleeping room, the occupant(s) have executed a written agreement for use or possession of a
hotel sleeping room for a period of thirty (30) consecutive days as required by the Texas State
Comptroller's Office.
Person means any individual, company, firm, corporation, association or legal entity
owning, operating, managing or controlling any hotel as defined herein.
Revenue includes any interest derived from the revenue or tax.
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Tax means the hotel occupancy tax levied in this Article pursuant to Chapter 351 of the
Texas Tax Code, as amended.
Tourist means an individual who travels from the individual's residence to a different
municipality, county, state, or country for pleasure, recreation, education, or culture.
Sec. 11 -276. Levy of Tax.
(a) There is hereby levied a tax upon the cost of occupancy of any room ordinarily used as a
sleeping room furnished by any hotel within the City of Kennedale where such cost of
occupancy is at the rate of $2.00 or more each day, such tax to be equal to the maximum tax as is
now or as hereafter permitted by State law.
(b) The tax does not apply to a person who is a permanent resident as defined herein.
(c) Pursuant to state law, the tax authorized by this Article shall be imposed on all hotels
located within the extraterritorial jurisdiction of the City of Kennedale; provided that the
combined rate of state, county, and municipal hotel occupancy taxes in the extraterritorial
jurisdiction does not exceed fifteen (15) percent of the price paid for a room in the hotel.
Sec. 11 -277. Responsibility for Collection, Reporting, and Payment of Tax.
Every person owning, operating, managing, or controlling any hotel shall collect the tax
for the city and report and pay the tax to the city in accordance with all requirements and
procedures set forth in this Article.
Sec. 11 -278. Collection and Remittance.
(a) The revenue obtained by the person required by this Article to collect the tax shall be
paid to the City monthly.
(b) A report shall be filed with the City in the form required by the Chief Financial Officer to
accurately reflect the amount of taxes owed and revenue obtained.
(c) The tax and report shall be submitted to the City on or before 5:00 p.m. on the twentieth
(20th) day following the last day of each reporting period.
(d) The Chief Financial Officer shall have the authority to make such rules and regulations as
are necessary to effectively report and collect, the tax, penalty and/or interest levied by this
Article and state law.
(e) If the report is filed or tax is paid after the due date required by this Article, in addition to
the amount of tax due hereunder, a penalty shall be imposed as follows:
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(1) If the report and/or tax are received by the City within ten (10) days following the
due date, a penalty of ten percent (10 %) of the amount due shall be paid to the
City; and
(2) If the report and/or tax are received by the City on or after the eleventh (11th) day
after the due date, a penalty of fifteen percent (15 %) of the amount due shall be
paid to the City.
Sec. 11 -279. Collection Procedures on Purchase on Purchase of Hotel.
If a person who is liable for the payment of a tax under this Article is the owner of a hotel
and sells the hotel, the successor to the seller or the seller's assignee shall withhold an amount of
the purchase price sufficient to pay the amount due until the seller provides a receipt by the
City's Chief Financial Officer showing that the amount has been paid or a certificate showing
that no tax is due. The City's Chief Financial Officer shall issue the certificate or statement not
later than the 60th day after the date that he /she receives the request. Failure of the Chief
Financial Officer to timely provide the certificate or statement required by this section shall
release the purchaser form the obligation to withhold the purchase price or pay the amount due.
The purchaser of a hotel who fails to withhold an amount of the purchase price as required by
this Article and state law is liable to the City for the amount required to be withheld to the extent
of the value of the purchase price.
Sec. 11 -280. Exemptions and Refunds.
(a) All persons, organizations and entities specified in Section 351.006 of the Texas Tax
Code, as amended, are exempt from the payment of the tax imposed under this Article.
(b) Any person, organization, or entity entitled to receive a refund of tax paid under this
Article, may file a refund claim as provided in Section 156.154 of the Texas Tax Code, as
amended.
(c) A person described in Section 156.103(c) of the Texas Tax Code, as amended, shall pay
the tax imposed by this Article, but the state governmental entity with whom the person is
associated is entitled to a refund of the tax paid.
(d) To receive a refund of tax paid under this Article, the governmental entity entitled to the
refund must file a refund claim with the City on a form prescribed by the state comptroller and
provided by the City. A governmental entity may file a refund claim with the City only for each
calendar quarter for all reimbursements accrued during that quarter.
Sec. 11 -281. Reports /Records.
(a) Every hotel within the City shall keep and maintain accurate records of the consideration
and hotel occupancy tax paid by the occupant of each sleeping room in the hotel. Such records
shall include, but not be limited to, guest folios, tax exemption certificates, and any original
documents such as posting ledgers and rate and stay adjustment reports, and any other
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documents necessary to provide the information on the City Hotel /Motel Occupancy Tax
reporting form required by the Chief Financial Officer and the State of Texas form for reporting
hotel occupancy tax to the Comptroller's Office. These reports may be retained in any
retrievable format, including but not limited to micro form and shall be maintained for a period
of not less than four (4) years; and shall be available for inspection upon request by any
employee, agent, officer or representative of the City at all reasonable times. Any adjustments or
allowances made or granted shall be reported to the City on a form provided by the Chief
Financial Officer.
(b) It shall be unlawful for any person to fail to perform an act required by this Article,
including but not limited to compliance with the requirements to collect, pay and accurately
report, taxes as required by this Article and state law.
(c) The Chief Financial Officer shall, upon giving reasonable notice, have access to all books
and records necessary to enable the Chief Financial Officer to determine the correctness of any
report filed as required by this Article and the amount of taxes due under this Article.
Sec. 11 -282. Tax Collection.
(a) The City Attorney or other attorney acting on behalf of the City is authorized to bring suit
against a person who is required to collect the tax imposed by this Article and pay the collections
over to the City and who has failed to file a tax report or pay the tax when due in order to collect
the tax not paid or may enjoin the person from operating a hotel in the City until the tax is paid
or the report filed in accordance with a Court order. In addition to the amount of any tax owed
under this Article, the person is liable to the City for:
(1) The City's reasonable attorney's fees;
(2) The costs of an inspection or an audit conducted under Section 1.05 or this section
as determined by the City using a reasonable rate, but only if the tax has been
delinquent for at least two complete municipal fiscal quarters at the time the audit
is conducted; and
(3) A penalty equal to fifteen (15) percent of the total amount of the tax owed.
(b) If the person required to file a tax report under this Article does not file the report as
required by the City, the City Attorney or other attorney acting for the City may determine the
amount of tax due under this Article by:
(1) Conducting an audit of each hotel in relation to which the person did not file the
report as required by the City; or
(2) Using the tax report filed for the appropriate reporting period under Section
156.151 of the Texas Tax Code, as amended.
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The authority to conduct an audit under this section is in addition to any other audit authority
provided by statute, charter, or ordinance.
(c) A limitations period relating to the time allowed to assess taxes and bring a suit to collect
taxes does not apply to a tax imposed under this Article or to a suit brought under this section.
(d) If a person fails to a file a tax report as required under state law or this Article for the
required reporting period, the City Attorney or other attorney acting for the City may estimate
the amount of tax due by using the tax reports in relation to the hotel that were filed during the
previous calendar year under this Ordinance or state law. An estimate made under this section is
prima facie evidence of the amount of tax due for that period in relation to that hotel.
Sec. 11 -283. Use of Tax Revenue.
(a) Revenue from municipal hotel occupancy tax may be used only to promote tourism and
the convention and hotel industry, and that use is limited to the following:
(1) Convention /Visitor Facilities. The acquisition of sites for the construction,
improvement, enlarging, equipping, repairing, operation, and maintenance of
convention center facilities or visitor information centers, or both;
(2) Furnishings. The furnishing of facilities, personnel, and materials for the
registration of convention delegates or registrants;
(3)
Advertising and Promotions. Advertising and conducting solicitations and
promotion programs to attract tourists and convention delegates or registrants to
the City or its vicinity;
(4) Arts. The encouragement, promotion, improvement and application of the arts,
including instrumental and vocal music, dance, drama, folk art, creative writing,
architecture, design and allied fields, painting, sculpture, photography, graphic
and craft arts, motion pictures, radio, television, tape and sound recording, and
other arts related to the presentation, performance, execution, and exhibition of
these major art forms;
(5)
Historic Purposes. Historical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums:
a. At or in the immediate vicinity of convention center facilities or visitor
information centers; or
b. Located elsewhere in the City or its vicinity that would be frequented by
tourists and convention delegates;
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(6) Other. Other qualifying uses as set forth in Section 351.101 of the Tax Code, as
amended, or other applicable law.
(b) Hotel occupancy tax revenue spent for a purpose authorized by this Section may be spent
for day -to -day operations, supplies, salaries, office rental, travel expenses, and other
administrative costs only if those administrative costs are incurred directly in the promotion and
servicing expenditures authorized under Section 1.06(A) above.
(c) Revenue from any hotel occupancy tax imposed and levied by this Article may not be
used for the general revenue purposes for general governmental operations of the city.
(d) Allocation of tax revenues for the purposes specified in Section 1.07 (A) (iii) above shall
be in an amount not less than the amount of revenue received by the City from the tax at a rate of
one (1) percent of the cost of a room.
Sec. 11 -284. Criminal Penalty.
Any Person who violates this Article shall be guilty of a misdemeanor and each day the
violation is allowed to exist or continues to exist shall be a separate offense. Each such offense
shall be punishable by a fine not to exceed $500.00. The penalties provided in this ordinance
are cumulative of any other remedies and/or actions for collection available to the City by law.
Secs. 11 -285. —11 -295. Reserved."
SECTION 2.
That this Ordinance shall be cumulative of all other Ordinances of the City affecting
taxation and shall not repeal any of the provisions of such Ordinances except in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the City of Kennedale, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 3.
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the City Council hereby declares it would have passed such remaining of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 4.
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
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in an amount not more than Five Hundred Dollars ($500.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of any ordinances governing taxation that have accrued at the time of
the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to the Caption, Penalty
Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas
Local Government Code, Charter, and other applicable law.
SECTION 7.
This Ordinance shall take effect from and after its date of passage and publication in
accordance with law, and it is so ordained.
PASSED AND APPROVED this the 1 lth day of July 2013.
Mayor, John Clark
ATTEST:
Amethyst Cirmo, City Secretary
APPROVED AS TO FORM:
City Attorney
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CITY OF KENNEDALE
HOTEL/MOTEL OCCUPANCY TAX REPORT INSTRUCTIONS
Who Must File: You must file this report if you are a sole owner, partnership, corporation or other organization that
owns, operates, manages or controls any hotel or motel in the City of Kennedale. Complete and detailed records
must be kept of all receipts reported and exemptions or reimbursements claimed so that a city accountant can verify
the reports. Failure to file this report and pay applicable tax may result in fines and penalties.
When To File: The reporting period is for each calendar month of the year. Timely reports must be submitted so
they are received by 5PM on or before the 20th of the month following the reporting period. The report must be
filed for every period even if you have no amount subject to tax or no tax due. Enter "0" if no receipts were
collected for this reporting period. If the due date falls on a Saturday, Sunday or city holiday, the next business day
will be the due date.
For Assistance: The City of Kennedale Hotel /Motel Occupancy Tax Report and instructions may be obtained
through the City's website, www.cityofkennedale.com. You may call (817) 985 -2110 for assistance.
General Instructions: Please type the information on the report and print it before mailing to the City, along with the
remittance. You may print the information on the report, but it must be in ink only. Complete all applicable items of
the report. You must sign and date the report before mailing. A copy of the concurrent "Texas Hotel Occupancy
Tax Report" filed with the State Comptroller of Public Accounts must be attached to the City's report. Make
check payable to City of Kennedale, and mail forms and check to: City of Kennedale, Attn: Finance Department,
405 Municipal Drive, Kennedale, TX 76060.
SPECIFIC INSTRUCTIONS
Line (A) Enter the total amount of room receipts for the month for location shown. Enter "0" if no taxable
receipts were collected.
Line (B) For explanations of tax exemptions, please refer to the Texas Comptroller's Hotel Occupancy Tax
Exemptions Publication and City Ordinance.
Line (C) Subtract line B from Line A.
Line (D) The City of Kennedale Hotel /Motel Occupancy Tax rate is 9 %.
Line (E) Multiply Line C by 7 %.
Line (F) If the report is filed or tax paid after the due date, enter penalty (1 -10 days late equals 10% of Line
E; on or after 11th day equals 15% of Line E).
Line (G) Add lines E and F.
Line (H) Enter the number of room days rented for the month.
Line (I) Enter the number of rooms available for the month.
Line (J) Enter the number of days in the month.
Line (K) Divide line H by the product of line I and J. Report the percentage using two decimal places (i.e.,
75.85 %).
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KENNEDALE
You're Here,Your Home
www. cityofkenneda le.com
Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code
to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee.
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
You're Here,Your Home
www. cityofkenneda le.com
Staff Report to the Honorable Mayor and City Council
Date: July 11, 2013
Agenda Item No: The City Council will meet in closed session pursu - 1.
I. Subject:
City Manager's annual performance evaluation.
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. 'Bob Hart Employment Agreement
(Employment Hart 2011 -rd001 (2).pdf