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2008_01.10 CC Packeti ff4z A' E/V/VEAZE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — JANUARY 10, 2008 405 MUNICIPAL DR. — KENNE DALE MUNICIPAL BLDG. WORK SESSION — COUNCIL CHAMBERS — 5:30 PM REGULAR SESSION — COUNCIL CHAMBERS — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM Discussion will take place on the following items: a. Storm water drainage plan. Financial reports. Any item on the agenda, if needed. H. EXECUTIVE SESSION — 6:30 PM 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 on any item posted on the agenda. Reconvene into Council Chambers for open meeting. IV. INVOCATION AND PLEDGE OF ALLEGIANCE V. 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. AGENDA CONTINUED PAGE 2 KENNEDALE CITY COUNCIL JANUARY 10, 2008 VI. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor VII. PUBLIC HEARING a. To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. VIII. CONSENT AGENDA The following items are considered to be routine and self - explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. a. Approval of minutes: Regular meeting dated December 13, 2007 Special meeting dated December 28, 2007 b. Approval to authorize City Manager to execute annual contract with the City of Fort Worth for Animal Shelter /Rabies Control. C. Approval to authorize City Manager to execute a contract with Sam Houston State University for CRIMES Records Management System. d. Approval to authorize City Manager to execute an amendment to XTO Lease Agreement. e. Approval of Resolution No. 244, amending KEDC BYLAWS. IX. REGULAR ITEMS f. Review and consider Ordinance No. 384, Case #PZ 07 -06, a zone changes request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present AGENDA CONTINUED PAGE 3 KENNEDALE CITY COUNCIL JANUARY 10, 2008 IX. REGULAR ITEMS CONTINUED time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. g. Review and consider acceptance of Rolling Acres Park proposals for clearing, tree trimming and grubbing; excavation and waste soil /material removing and rough grading; excavation & grading and labor and form materials for concrete walkways; concrete; reinforcing steel; irrigation; and landscaping. h. Review and consider acceptance of TownCenter Plaza proposals for excavation, grading, labor and form materials for concrete walkways; concrete; reinforcing steel; irrigation; and landscaping. Review and consider approval of Ordinance No. 386, amending Kennedale City Code, Section 22 -86 regarding truck routes and weight limits on Dick Price Road in the City of Kennedale to allow use of Dick Price Road by written agreement with the City. Review and consider approval of storm water plan. k. Review and consider criteria on naming streets, facilities, and other areas within the City. 1. Review and consider re- naming Rolling Acres Park. M. Consider scheduling special meeting for January 26, 2008. X. 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 on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d/b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's). 2. Triple X Sign Litigation. 3. Zoning Case at 6901 Mansfield Cardinal Road. AGENDA CONTINUED PAGE 4 KENNEDALE CITY COUNCIL JANUARY 10, 2008 X. EXECUTIVE SESSION CONTINUED b. 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. KEDC Personnel. C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property — Oak Crest Addition, Lots 4, 5 and 20, Block 7. XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. a. Review and consider appointment to the Kennedale Economic Development Corporation. XH. ADJOURNME NT ME%= To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: I. Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Discussion will take place on the following items. a. Storm water drainage plan. b. Financial reports. c. Any item on the agenda, if needed. Recommendation: Disposition by Council: Y BUDGET Sep-07 Y -T -D Operating Revenues 5,431,738 355,548 5,363,566 Operating Expenditures (6,018,650) (460,566) (5,680,765) Operating Incomel(Loss) (58p $ 105,019 $ (317,199) Nonoperating Revenues/(Expenses) Interest Earnings 60,120 8,360 130,813 Transfers -In - - - (Transfers -Out) (20,000) - (93,000) a GENERAL FUND *PRE AUDIT* EXCEED/ UNDERI(OVER) 2006 CURR. YR ACTUAL 0011 BUDGET ACTUAL BUDGET YR. END FY07 BUDGET 8,107 City Council & Mayor 279,615 . 2,063,274 164,911 2,063,274 REVENUES 114,342 131,604 126,408 5,196 AD VALOREM TAXES 2,273,638 2,491,492 2,463,183 (28,310) SALES TAXES 1,069,024 1,042,000 1,022,193 (19,807) FRANCHISE FEES 511,818 692,359 570,654 (121,705) OTHER INCOME (GRANTS) 217,088 91,251 110,510 19,259 LICENSES & PERMITS 629,299 337,206 410,696 73,490 FINES & FORFEITURES 413,186 427,000 483,897 56,897 CHARGE FOR SERVICES 113,772 98,000 138,170 40,170 INVESTMENT EARNINGS 106,341 60,120 130,813 70,693 OTHER INCOME (MISC.) 26,475 8,100 39,802 31,702 INTERGOVERNMENTAL 358,962 182,830 112,776 (70,054) DEVELOPMENT INSPECTION FEE 55,768 59,000 0 (59,000) OTHER INCOME (RENTALSISALES) 3,656 2,500 11,686 9,186 TRANSFERS IN 109,675 0 0 0 TOTAL GENERAL FUND REVENUES 5,888,702 5,491,858 5,494,380 2,522 EXCEED BUDGET EXPENDITURES UNDERI(OVER) GENERAL GOVERNMENT BUDGET City Manager 312,101 273,473 265,366 8,107 City Council & Mayor 279,615 196,447 164,911 31,536 City Secretary 114,342 131,604 126,408 5,196 Human Resources - 82,313 6,706 75,607 Finance Department 235,894 262,077 251,790 10,287 Non-Departmental 65,591 369,580 195,323 174,257 1,007,542 1,315,494 1,010,504 304,990 PUBLIC SAFETY Municipal Court 198,827 192,221 185,318 6,903 Police Department 1,595,096 1,661,184 1,559,452 101,732 COPS Program 105,418 95,981 97,739 (1,758) Fire Department 1,417,683 1,472,747 1,583,739 (110,992) Permits / Inspection 345,776 366,474 376,180 (9,706) 3,662,800 3,788,607 3,802,428 (13,821) COMMUNITY SERVICES Senior Citizen Center 38,658 58,300 39,087 19,213 Library Department 222,987 147,285 147,622 (337) 261,645 205,585 186,709 18,876 PUBLIC WORKS Streets and Parks 713,364 TRANSFERS 73,714 708,964 681,124 27,840 20,000 93,000 (73,000) TOTAL GENERAL FUND EXPENDITURES 5,719,065 6,038,650 5,773,765 264,885 UNDER BUDGET FUND BALANCE ENDING: 1,516,482 1,783,889 25% RESERVE REQUIREMENT: 1,509,663 1,443,441 ABOVE RESERVE REQUIREMENT 340,448 d b _ BUDGET Nov07 Y -T -D Operating Revenues 4,862,745 352,703 526,654 Operating Expenditures (5,536,113) (397,963) (834,631) Total Available Funds Beginning (Oct. 1st) Total Available Funds Ending $ 11490,300 TOTAL GENERAL FUND EXPENDITURES 5,005,701 5,602,378 834,631 5,602,378 1,134,256 1,134,256 2007 CURR. YR Nov -07 PROJECTED ACTUAL BUDGET Y -T -D YR. END FY07 1783.889 � 783 889 REVENUES AD VALOREM TAXES 2,463,183 2,605,975 221,934 2,605,975 SALES TAXES 1,022,193 1,126,032 118,310 1,126,032 FRANCHISE FEES 570,654 0 15,200 0 OTHER INCOME (GRANTS) 110,510 67,538 0 67,538 LICENSES & PERMITS 410,696 211,362 75,270 211,362 FINES & FORFEITURES 483,897 427,000 55,259 427,000 CHARGE FOR SERVICES 138,170 136,000 22,874 136,000 INVESTMENT EARNINGS 130,813 90,000 14,389 90,000 OTHER INCOME (MISC.) 39,802 9,700 7,233 9,700 INTERGOVERNMENTAL 112,776 265,438 8,256 265,438 DEVELOPMENT INSPECTION FEE 0 9,000 0 9,000 OTHER INCOME (RENTALS /SALES) 11,686 4,700 2,319 4,700 TRANSFERSIN 0 0 0 0 TOTAL GENERAL FUND REVENUES 5,494,380 4,952,745 541,042 4,952,745 7XPENDIT GENERAL GOVERNMENT City Manager 312,101 335,353 55,697 335,353 City Council & Mayor 279,615 196,447 13,550 196,447 City Secretary 114,342 113,327 14,316 113,327 Human Resources - 22,150 83 22,150 Finance Department 235,894 274,662 28,919 274,662 Non - Departmental 65,591 397,332 148,793 397,332 1,007,542 1,339,271 261,357 1,339,271 PUBLIC SAFETY Municipal Court 198,827 199,866 26,725 199,866 Police Department 1,595,096 1,741,680 217,856 1,741,680 COPS Program 105,418 98,602 15,052 98,602 Fire Department 1,417,683 1,548,895 227,519 1,548,895 Permits / Inspection 345,776 389,503 60,600 389,503 3,662,800 3,978,546 547,752 3,978,546 COMMUNITY SERVICES Senior Citizen Center 38,658 51,300 3,023 51,300 Library Department 222,987 163,791 22,499 163,791 261,645 215,091 25,522 215,091 TRANSFERS 73,714 69,470 0 69,470 TOTAL GENERAL FUND EXPENDITURES 5,005,701 5,602,378 834,631 5,602,378 1,134,256 1,134,256 r- Operating Revenues Operating Expenditures Operating Income /(Loss) Nonoperating Revenues /(Expenses) Interest Earnings Transfers -In (Transfers -Out) MM BUDGET Sep-07 Y -T -D 5,431,738 355,548 5,363,566 (6,018,650) (460,566) (5,680,765) ( 6,912 ) $ 105,019 $ (317,199) 60 8,360 130,813 (20,000) - (93,000) Total Available Funds Beginning (Oct. 1 Total Available Funds Ending i $ 11783,889 GENERAL FUND *PRE I* EXCEED/ GENERAL GOVERNMENT 2006 CURB. YR ACTUAL IMORT City Manager ACTUAL BUDGET YR. END FY07 BUDGET City Council & Mayor 279,615 196,447 2 063,274 31,536 2,063<274 REVENUES 131,604 126,408 5,196 Human Resources AD VALOREM TAXES 2,273,638 2,491,492 2,463,183 (28,310) SALES TAXES 1,069,024 1,042,000 1,022,193 (19,807) FRANCHISE FEES 511,818 692,359 570,654 (121,705) OTHER INCOME (GRANTS) 217,088 91,251 110,510 19,259 LICENSES & PERMITS 629,299 337,206 410,696 73,490 FINES & FORFEITURES 413,186 427,000 483,897 56,897 CHARGE FOR SERVICES 113,772 98,000 138,170 40,170 INVESTMENT EARNINGS 106,341 60,120 130,813 70,693 OTHER INCOME (MISC.) 26,475 8,100 39,802 31,702 INTERGOVERNMENTAL 358,962 182,830 112,776 (70,054) DEVELOPMENT INSPECTION FEE 55,768 59,000 0 (59,000) OTHER INCOME (RENTALSISALES) 3,656 2,500 11,686 9,186 TRANSFERS IN 109,675 0 0 0 TOTAL GENERAL FUND REVENUES 5,888,702 5,491,858 5,494,380 2,522 EXCEED BUDGET EXPENDITURES UNDER/IOVER) GENERAL GOVERNMENT BUDGET City Manager 312,101 273,473 265,366 8,107 City Council & Mayor 279,615 196,447 164,911 31,536 City Secretary 114,342 131,604 126,408 5,196 Human Resources - 82,313 6,706 75,607 Finance Department 235,894 262,077 251,790 10,287 Non-Departmental 65,591 369,580 195,323 174,257 1,007,542 1,315,494 1,010,504 304,990 PUBLIC SAFETY Municipal Court 198,827 192,221 185,318 6,903 Police Department 1,595,096 1,661,184 1,559,452 101,732 COPS Program 105,418 95,981 97,739 (1,758) Fire Department 1,417,683 1,472,747 1,583,739 (110,992) Permits / Inspection 345,776 366,474 376,180 (9,706) 3,662,800 3,788,607 3,802,428 (13,821) COMMUNITY SERVICES Senior Citizen Center 38,658 58,300 39,087 19,213 Library Department 222,987 147,285 147,622 (337) 261,645 205,585 186,709 18,876 PUBLIC WORKS Streets and Parks 713,364 TRANSFERS 73,714 708,964 681,124 27,840 20,000 93,000 (73,000) TOTAL GENERAL FUND EXPENDITURES 5,719,065 6,038 5,773,765 264,885 UNDER BUDGET FUND BALANCE ENDING: 1,516,482 1,783,889 25% RESERVE REQUIREMENT: 1,509,663 1,4A3,441 ABOVE RESERVE REQUIREMENT 340,448 1 BUDGET Nov -07 Y -T -® Operating Revenues 4,862,745 352,703 526,654 Operating Expenditures (5,536,113) (397,963) (834,631) Total Available Funds Ending 1,490,300 TOTAL GENERAL FUND EXPENDITURES 5,005,701 5 834,631 5,602,378 1,134,256 1,1349256 2007 CURR. YR Nov -07 PROJECTED ACTUAL BUDGET Y -T -D YR. END FY07 1,783,889 1,783,889 REVENUES AD VALOREM TAXES 2,463,183 2,605,975 221,934 2,605,975 SALES TAXES 1,022,193 1,126,032 118,310 1,126,032 FRANCHISE FEES 570,654 0 15,200 0 OTHER INCOME (GRANTS) 110,510 67,538 0 67,538 LICENSES & PERMITS 410,696 211,362 75,270 21 FINES & FORFEITURES 483,897 427,000 55,259 427,000 CHARGE FOR SERVICES 138,170 136,000 22,874 136,000 INVESTMENT EARNINGS 130,813 90,000 14,389 90,000 OTHER INCOME (MISC.) 39,802 9,700 7,233 9,700 INTERGOVERNMENTAL 112,776 265,438 8,256 265,438 DEVELOPMENT INSPECTION FEE 0 9,000 0 9,000 OTHER INCOME (RENTALS /SALES) 11,686 4,700 2,319 4,700 TRANSFERS IN 0 0 0 0 TOTAL GENERAL FUND REVENUES 5,494,380 4,952,745 541,042 4,952,745 ' WENDITURES GENERAL GOVERNMENT City Manager 312,101 335,353 55,697 335,353 City Council & Mayor 279,615 196,447 13,550 196,447 City Secretary 114,342 113,327 14,316 113,327 Human Resources - 22,150 83 22,150 Finance Department 235,894 274,662 28,919 274,662 Non - Departmental 65,591 397,332 148,793 397,332 1,007,542 1,339,271 261,357 1,339,271 PUBLIC SAFETY Municipal Court 198,827 199,866 26,725 199,866 Police Department 1,595,096 1,741,680 217,856 1,741,680 COPS Program 105,418 98,602 15,052 98,602 Fire Department 1,417,683 1,548,895 227,519 1,548,895 Permits / Inspection 345,776 389,503 60,600 389,503 3,662,800 3,978,546 547,752 3,978,546 COMMUNITY SERVICES Senior Citizen Center 38,658 51,300 3,023 51,300 Library Department 222,987 163,791 22,499 163,791 261,645 215,091 25,522 215,091 TRANSFERS 73,714 69,470 0 69,470 TOTAL GENERAL FUND EXPENDITURES 5,005,701 5 834,631 5,602,378 1,134,256 1,1349256 kl Mesa =1 To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: 11 Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: 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 on any item posted on the agenda. Recommendation: Disposition by Council: Staff Repot To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: III. & N. Subject: Regular Session Originated by: Kathy Turner, City Secretary Summary: Council will reconvene into open meeting and proceed with regular session followed by the Invocation and Pledge of Allegiance. Recommendation: Disposition by Council: Moi r &= To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: V. Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: 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. Recommendation: - Disposition by Council: 405 Municipal Drive, Kennedale, Texas 76060 If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION ■■ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa ■■aaaaaaasaaaaI APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: 16- . r Address: 141 t� Phone Subject: Has this subject been discussed with any member or administrative staff? ❑ Yes ❑ No If yes, please list name and date: Speaking in Favor: ❑ For ❑ Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber. Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his /her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. a MI=A To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: V Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager b. City Council c. Mayor Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 CONSENT AGENDA ITEM NUMBERS: VIII a through VIII e REQUEST TO REMOVE: ITEM 4 � PERSON: e -- / r/ ITEM 9 PERSON: /wit/ ✓!mot �GY r�✓,�� ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK k JOHNSON MILLER k GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED FAILED FOLLOW UP: �/;Gr�� CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: VII -a Subject: Public Hearing Originated by: Kathy Turner, City Secretary Summary: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. Recommendation: Disposition by Council: KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING V11. - a SIGN-IN FORM SUBJECT: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. 1. NAME: ADDRESS: f 'A , fi = ' ZIP # V PHONE NUMBER: 2. I HEREBY &SH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR.,"GAINST CASE #PZ 07 -06. IN REGISTERING, I RE PRESENT: ■ MYSELF ■ THE FOLLOWING PERSONS, CORPORATIONS, CLASSES O. 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: ' `� DATE: January 10, 2008 ),CN1Vi,A <�LE 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING V11. - a SI GN-I N SUBJECT: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. 1. NAME: • 11' ZIP 71 to PHONE 2. I HEREBY YWISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING WOR ❑ AGAINST CASE #PZ 07 -06. 11 5. THEIR BUSINESS ADDRESS IS: SIGNA IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: ),CNIV_m 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC _ .- S IGN-IN SUBJECT: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. 1. NAME: 8 YALA I 1 1' PHONE NUMBER: �= ( � 16 _? 7 �1116 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. PDO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING FOR ❑ AGAINST CASE #PZ 07 -06. REGISTERING, ■ MYSELF N FOLLOWING PERSONS, CORPO CLASSE O G 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: /// t� fl) DATE: January 10, 2008 405 Municipal Drive, Kennedale, Texas 76060 SUBJECT: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. 1. NAME: 2. I HEREBY /WISH TO ADDRESS COUNCIL. ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERINGOR ❑ AGAINST CASE #PZ 07 -06. 4. IN REGISTERING, I REPRE SENT: 0 MYSELF THE' FOLLOWING PERSONS, FIRMS, CORPORATIQNS, CLASSES OR QRQUPS. a THEIR BUSINESS ADDRESS IS: SIGNATURE: /' / -' DATE: January 10, 2008 s . AcAANZ 4ZE' 405 Municipal Drive, Kennedale, Texas 76060 ff SUBJECT: To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 0.7425 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. 1. NAME: ,1, DD ZIP , LoL (D PHONE 0 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. O NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING ❑ FOR AGAINST CASE #PZ 07 -06. 4. IN REGISTERING, I A [I C ORPORATION S, ' '.� '' THE FOLLOWING PERSONS, 5. THEIR BUSINESS ADDRESS IS: Date: January 4, 2008 Agenda Item No: VIII -a Subject: Approval of Minutes: Regular Meeting dated December 13, 2007, and Special Meeting dated December 28, 2007. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes reflecting action taken during the regular meeting dated December. 13, 2007, and Special Meeting dated December 28, 2007. Recommendation: Staff recommends approval. Disposition by Council: 3290 KENNEDALE CITCOICIL REGULAR MEETINQ —1ACEMOER 13, 2007 405 MUNICIPAL DR..,— I MALE MUNICIPAL BLDG. Mayor, Bryan Lankhorst called tie muting to order at 5:30 p.m. Members present: Mayor, $ f ryan Lankhorst; Mayor Pro -Tem, John Clark; Councilmember's Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Members absent: None Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Wayne K. Olson, City Attorney; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Enforcement Officer; James Cowey, Building Official; Tommy Williams, Police Chief, Scott Raven, Fire Chief; and Mike Soab, Director of KEDC. I. WORK SESSION Discussion will take place on the following items: Results of various surveys conducted by UTA School of Public Affairs, and Ed Barry, AICP. Final results of the various surveys were not available at the time of the meeting. Therefore, Bob Hart, City Manager presented before Council a draft report on Citizen Input regarding Strategic Issues. Hart advised that specific response summaries are not significantly different from similar surveys done in other communities, in such that public safety is most supported and appreciated with street maintenance along with code enforcement being most criticized. In addition, public safety rated high in comparison to surrounding cities with streets /transportation and parks /recreation rating lower. Next, focus group discussions were highlighted which was undertaken by the UTA Communications Class. Students addressed the racetracks, city image, town center, and adequacy of city services. The racetracks were perceived as a community asset, in which can be built upon to strengthen the community. Second, the salvage yards reflected negatively on the external appearance versus the use itself. Citizens felt the City should be more aggressive in utilizing a recycling program to coincide with the use of salvage yards rather than simply trying to get rid of them. Third, there was a real interest in establishing a vibrant town center excluding big box retail and franchise retail shops. Hart said additional comments were provided, which included concerns with no sidewalks along Highway 287, the need to establish a park setting in the Village Creek area, establish entrance features to the City, and concerns with loosing small town feel as school district was growing. Ed Barry, AICP then addressed the Visual Character Survey. A summary was provided regarding observations on single - family residential, commercial development, fast -food and convenience stores, office and industrial, auto sales, 3291 salvage yards and race tracks, fencing, parking lots and landscaping, and streetscapes and signage. In addition, Mr. Barry shared recent findings from past and present developers that have dealt or are dealing with the City. Barry said that developers are cautious, apprehensive and feel that there is unpredictability in decision making due to political views within the City. Furthermore, developers see that rules are not applied fairly and experience changes throughout the development process. Overall, the City would benefit from implementing straightforward procedures and provide training among staff and advisory board /commissions to better communicate with the public and developers. In closing, Bob Hart, City Manager said that the industrial survey comments were being consolidated. However, he did see that Kennedale has several businesses with international ties, but were experiencing difficulty with finding skilled workers, and could see a need for job training and development. Hart did note that the businesses would like to see more support services for their workers (i.e. restaurants, office supplies stores, basic stores), as well as road improvements throughout the City. b. Any item on the agenda, if needed. Bob Hart, City Manager provided three rate structures for Council review in regards to the solid waste services that would require council action along with agenda item VIII -i. No further discussion, Mayor Lankhorst closed the work session at 6:52 p.m. U. it REGULAR SESSION Mayor, Bryan Lankhorst called the meeting to order at 7:02 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager provided the Invocation followed by the Pledge of Allegiance being recited. IV. VISITOR/CITIZENS FORUM Wayne Wooten, representing Empire Disposal addressed Council regarding the use of Dick Price Road by waste hauler trucks. Wooten advised that Empire Disposal have 12 trucks that deliver to the landfill on Dick Price Road, which is 325 deliveries in one week. He said the use of Dick Price Road would remove the trucks from the school zone located on Kennedale Parkway, and his company would see a reduction in fuel costs by reducing mileage of 17 to 20 miles by a direct route. Charlie Doescher, Manager for Apache Truck and Van located at 1121 W. Kennedale Parkway, Kennedale, TX registered to speak before Council regarding the zoning classification of businesses that are allowed to operate in C -1 Zoning District. Mr. Doescher also thanked Council for their spirit of cooperation and willingness to meet and talk and bring the citizens and businesses together. 3292 V. REPORTS /ANNOUNCEMENTS a. City Manager ® Angel Tree — Fire Department Bob Hart, City Manager called upon Fire Chief, Scot Raven to address the Angel Tree program. Chief Raven advised that the Angel Tree is a community outreach program that targets Kennedale citizens and KISD children who are in need of assistance during the holidays. This year needs call for 129 angels, 50 senior citizens and 6 families in need of food. Raven said that anyone wishing to assist with the program or make donations could stop by the Fire Department for details. b. City Council Councilmember, Jerry Miller spoke about water problems in Oak Hill Park, and requested that the City place a moratorium on permits and inspections in this development until drainage issues are resolved. Councilmember, David Green expressed thanks to fellow Councilmembers and the Mayor, as well as local businesses for their participation in the Delaney Carnival. Councilmember Green said the carnival raised a little over $9,000.00, which would benefit the Delaney PTA. C. Mayor No announcements /reports. VI. PUBLIC HE a. To receive citizens' comments regarding Case #PZ 07 -06, a zone change request for approximately 1.0 18 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -l" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. No persons registered for or against Case #PZ 07 -06. Mayor Lankhorst closed the public hearing at 7:28 p.m. b. To receive citizens' comments regarding a proposed ordinance amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs. No persons registered for or against proposed ordinance. Mayor Lankhorst closed the public hearing at 7:29 p.m. 3293 VII. CONSENT AGENDA Mayor Pro Tem, John Clark moved to remove consent agenda items c and e for discussion, second by Councilmember, Jerry Miller. Motion carried (5 -0). a. Approval of minutes: Regular meeting dated November 8, 2007. b. Approval to authorize City Manager to execute contract for telephone hardware for a new telephone operating system with voice -over capabilities. d. Approval of Resolution No. 243, declaring certain property surplus and /or salvage and authorizing the sale of said property. f. Approval to authorize City Manager to execute contract with AT &T Mobility for city cell phones. Mayor Pro -Tem, John Clark moved to approve consent agenda items a, b, d, and f. Motion second by Councilmember, Jerry Miller. Motion carried (5 -0). VIII. REGULAR ITEMS C. Approval to authorize City Manager to execute contract with Tarrant County Emergency Services District No. One to provide fire and /or ambulance services to properties located outside the boundaries of the City. Mayor Pro -Tem, John Clark moved to authorize City Manager, Bob Hart to execute contract with Tarrant County Emergency Services District No. One to provide fire and /or ambulance services to properties located outside the boundaries of the City, second by Councilmember, David Green. Motion carried (5 -0). e. Approval to purchase three police vehicles through Tarrant County Cooperative Purchasing Program. Mayor Pro -Tem, John Clark moved to approve purchase of three police vehicles through Tarrant County Cooperative Purchasing Program in the amount of Seventy One Thousand Dollars, Three Hundred Sixty Four Dollars, and Seventy Five Cents ($71, 364.75), second by Councilmember, Ronnie Nowell. Motion carried (5 -0). g. Review and consider Ordinance No. 384, Case #PZ 07 -06, a zone changes request for approximately 0.7452 acres with the legal description being a portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. This subdivision is the site for the Wal -Mart that will be located in Kennedale and Arlington, but a portion of Lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. Councilmember, David Green moved to approve Ordinance No. 384, second by Councilmember, Brian Johnson. 3294 Discussion ensued regarding highest and best use of this property, as well as vested rights to the property prior to the property being brought into the Kennedale city limits. Councilmember, David Green withdrew his motion, and Councilmember, Brian Johnson withdrew his second. Councilmember Green moved to table Ordinance No. 384 to allow for discussions between the City Manager, Bob Hart and Wal -Mart representatives regarding the intended use of the property, and to reconsider this case at the January 10, 2008 meeting, second by Mayor Pro -Tem, John Clark. Motion carried (5 -0). h. Review and consider Ordinance No. 3 85, Amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs. Councilmember, Ronnie Nowell moved to approve Ordinance No. 385, amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of electronic message board and sandwich signs and regulations governing them; amending setback requirements for detached signs; and increasing the permitted size of monument signs, second by Councilmember, David Green. Discussion ensued with sandwich board signs and time restriction signs could be displayed. Mayor Pro -Tem, John Clark recommended the following typographical errors be corrected; Section 17.502. Definitions — Signs, Sandwich board — 2nd line, the word "place" should read "placed "; Section 17 -508. (3) — 2 line, the word "of' should read "for'; Section 17.508 (d) (2) d. second word "no" should read "not "; and Section 17.508.5 (a) (2), fourth word "of' should read "or ". Motion carried with Councilmember's Ronnie Nowell, David Green, Brian Johnson, and Mayor Pro -Tem, John Clark voting aye, with Councilmember, Jerry Miller voting nay. Motion carried (4 -1). i. Review and consider approval to authorize City Manager to execute contract for Solid Waste Services. Mayor Pro -Tem, John Clark moved to authorize City Manager, Bob Hart to execute a contract with IESI for solid waste services with option #2 rate structure, subject to legal counsel working out indemnification provisions of the contract, second by Councilmember, Ronnie Nowell. Motion carried (5 -0). j. Review and consider approval to authorize City Manager to execute an agreement with IESI Fort Worth C &D Landfill. Bob Hart, City Manager advised Council that this agreement would allow construction debri and trash haulers the use of Dick Price Road, which would provide the most direct route to the landfill. By accepting this agreement, the City would eliminate the issuance of permits for trucks traveling Dick Price Road, and 3295 start collecting a royalty fee from IESI based upon the tons that are disposed of at the landfill at a fee of Twenty Five Cents ($0.25), which would generate approximately One Hundred Fifty Thousand Dollars ($150,000.00) a year to the City. In addition, Hart said the landfill has a 10 to 15 year life span, which means the City would be looking at collecting Two Million Dollars ($2,000,000.00) over the life span of the contract. Hart recommended all proceeds from the royalty fee go towards rebuilding Dick Price Road. Steve Keller, representing Waste Management echoed previous speaker, Wayne Wooten. Keller stated by allowing usage of Dick Price Road to gain access to the landfill, truck traffic would be reduced through the school zones on Kennedale Parkway. Keller also advised that residential trash haulers would not be using Dick Price Road, as the new roadway to the Southeast Landfill would be completed, thus reducing some truck traffic. Bill Massey of 313 S. Dick Price Rd., Kennedale, TX spoke to Council regarding the loud noise of the trucks in regards to the empty beds bouncing against the frames. Massey said the trucks do not abide by the speed limit, and felt that the truck traffic had increased, as the truck route ordinance was not being enforced. Mayor Pro -Tem, John Clark moved to authorize City Manager, Bob Hart to execute an agreement with EISI Fort Worth C&D Landfill for the use of Dick Price Road, second by Councilmember, David Green. Motion carried (5 -0). k. Review and consider appointment(s) to serve as Alternates on the Kennedale Library Advisory Board. Councilmember, Brian Johnson moved to appoint George Barrett as an Alternate to the Kennedale Library Advisory Board to serve in Place 6 for a two year term with an expiration of July 2009, second by Councilmember, Jerry Miller. Motion carried (5 -0). 1. Review and consider adoption of Values Statement. Councilmember, David Green moved to approve the Values Statement for the City of Kennedale: City of Kennedale "Exemplifying Excellence" Dedicated to providing superior services efficiently and fairly to citizens, business owners, visitors, and fellow employees. All decisions enhance quality of life through leadership, honesty, respect, teamwork, and equality, to consistently advance Kennedale in a positive direction! Motion second by Councilmember, Brian Johnson with all members voting in favor. Motion carried (5 -0). m. Consider scheduling a special meeting to discuss Tarrant County Road Projects — Little School Road, Sublett Road, and Bowman Springs Road. 3296 Mayor Pro -Tem, John Clark moved to schedule a special meeting to discuss Tarrant County Road Projects on Friday, December 28, 2007 at 8:00 a.m., motion second by Councilmember, Ronnie Nowell. Motion carried (5 -0). No further discussion, Mayor Lankhorst recessed the meeting at 9:55 p.m. to enter into executive session. IX. 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 on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d/b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's). 2. City of Kennedale v. Log Cabin; Cause No. 342 - 218988 -06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. b. 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. KEDC Personnel. 2. Municipal Court Magistrates. C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property — Oak Crest Addition, Lots 4, 5 and 20, Block 7. X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 10:32 p.m. Mayor Pro -Tem, John Clark moved to authorize Mayor to execute agreement with Log Cabin, second by Councilmember, Brian Johnson. Motion carried (5 -0). a. Review and consider appointments /re- appointments to the Kennedale Economic Development Corporation. Mayor Pro -Tem, John Clark moved to appoint Darrell Erwin to serve in Place 7 for a two -year term to expire in September 2009, second by Councilmember, Ronnie Nowell. Motion carried (5 -0). 3297 Mayor Pro -Tem, John Clark moved to authorize staff to develop an ordinance to create two (2) alternate positions on the Kennedale Economic Development Corporation Board of Directors, second by Councilmember, Brian Johnson. Motion carried (5 -0). b. Review and consider appointments /re- appointments of Magistrates to serve in Municipal Court. Mayor Pro -Tem, John Clark moved to re- appoint Ray Cowan as Magistrate to serve in Municipal Court, second by Councilmember, Brian Johnson. Motion carried (5 -0). Mayor Pro -Tem, John Clark moved to re- appoint Jennifer DeMar as Magistrate to serve in Municipal Court, second by Councilmember, Brian Johnson. Motion carried (5 -0). Mayor Pro -Tem, John Clark moved to re- appoint Rob Morris as Magistrate to serve in Municipal Court, second by Councilmember, Brian Johnson. Mayor Pro - Tem, John Clark, Councilmember's Brian Johnson and David Green voted aye while Councilmember's Ronnie Nowell and Jerry Miller voted nay. Motion carried (3 -2). XI. ADJOURNMENT Councilmember, Ronnie Nowell moved to adjourn the meeting at 10:55 p.m., second by Councilmember, Brian Johnson. Motion carried (5 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 3298 MINUTES KENNEDALE CITY QM N:- SPECIAL MEETING DECFBE2 G 8, 2007 405 MUNICIPAL DR. — KENN .DAI MI CIPAL BLDG. CITY COUNCIL CA BE III — 8':130 AM Mayor Pro Tern, John Clark callede meting'd`order at 8:10 a.m. Members present: Mayor Pro -Tii John Clark, Councilmember's Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Mayor, Bryan Lankhorst arrived at 8:30 a.m. Members absent: None Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Larry Hoover, Code Enforcement Officer; James Cowey, Building Official; and Glenn Greenwood, Street Supervisor. I. REGULAR ITEMS a. Review and Consider Tarrant County Road Projects (Little School Road, Sublett Road, and Bowman Springs Road), and signing of Position Letter to be submitted to Tarrant County, Greg Saunders, P.E., and Tye Hilton, P.E. with Teague, Nall and Perkins addressed City Council with various road widening/intersection proposals for Little School Road, Sublett Road, and Bowman Springs Road. Bob Hart, City Manager provided Council a draft letter that would incorporate Council's recommendation for the three road projects, which would be submitted, to Tarrant County for consideration of funding such projects. II. ADJOURNMENT Mayor Pro -Tem, John Clark moved to adjourn the meeting at 10:35 p.m., second by Councilmember, David Green. Motion carried (5 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: VIII -e Subject: Review and consider approval of Resolution No. 244, Amending KEDC BYLAWS. Originated by: Kathy Turner, City Secretary Summary: The KEDC reviewed the following changes to the current BYLAWS on December 18, 2007 and forward a recommendation to Council to consider the proposed resolution amending the current KEDC BYLAWS to include the below changes: (1) City Hall moved to new location; (2) Changes City Hall address; (3) Increased the EDC options; (4) Clarified that president and vice - president shall be one of the seven board members; (5) Language about the secretary, treasurer and executive director moved to a new paragraph for clarity; (6) Amended to allow City Manager to sign documents; and (7) Corrected typos. Recommendation: Staff recommends approval. r• - • • • RESOLUTION NO. 244 A RESOLUTION AMENDING THE BYLAWS OF THE CITY OF KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BY AMENDING ARTICLE I. OFFICERS, SECTION 1.01 LOCATION; AMENDING ARTICLE H, DIRECTORS, SECTION 2.03 REGULAR MEETING; PLACE OF MEETINGS; AMENDING ARTICLE III OFFICERS, SECTION 2.03 EXECUTIVE OFFICERS; AMENDING ARTICLE III OFFICERS . BY ADDING SECTION 3.03 OTHER OFFICERS; AMENDING ARTICLE III OFFICERS BY ADDING SECTION 3.08 EXECUTIVE DIRECTOR'S ADDITIONAL POWERS AND DUTIES; AMENDING ARTICLE VII. MISCELLANEOUS, SECTION 7.07 REPORTS; AMENDING ARTICLE VIII. PROVISIONS REGARDING BYLAWS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4B of the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Texas Civil Statutes (the "Act "), as amended, the City of Kennedale has created the Kennedale Economic Development Corporation to act on its behalf in undertaking projects authorized by Section 4B of the Act; and WHEREAS, the City Council has previously approved bylaws governing the operation of the Kennedale Economic Development Corporation; and WHEREAS, the City Council now desires to amend the bylaws. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: ARTICLE 1. OFFICES Section 1.01 of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: Section 1.01 Location. The principal office of the Kennedale Economic Development Corporation (the "Corporation ") is located at the Kennedale City Hall, 405 Municipal Drive, Kennedale, Texas. ARTICLE H. DIRECTORS Section 2.03 of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: Section 2.03 Regular Meeting; Place of Meetings. Regular meetings shall be held at the Kennedale City Hall, 405 Municipal Drive, unless otherwise determined by resolution of the Board. In any event, all meetings shall be held within the corporate boundaries of the City of Kennedale. A meeting of the Board for the election of officers and the transaction of other business hall be held on the third Tuesday in October of each year, unless changed by resolution of the Board. All meetings shall be called and held in accordance with the Texas Open Meetings Act, Chapter 551, Government Code, as amended. Section 2.10 of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: Section 2.10 Additional Powers (3). To sell, lease, or otherwise transfer the real or personal property of the corporation on such terms as the Board may see fit and to execute all deeds, leases and other conveyances or contracts that may be necessary for carrying out the purposes of this corporation. ARTICLE III. OFFICERS Section 3.02 of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: Section 3.02 Executive Officers. The executive officers of the corporation shall be a president and vice - president. The Board, at each annual meeting shall elect these officers by ballot. These offices shall be held by Board directors. Section 3.03 of the Kennedale Economic Development Corporation Bylaws is hereby added to read as follows: Section 3.03 Other Officers. The office of secretary shall be held by the city secretary. The office of treasurer shall be held by the city's director of finance. The city manager shall serve as the executive director of the corporation and shall provide such staff as may be necessary for administrative support services for the corporation. The Board may appoint such other officers as they deem necessary, who shall have such authority and shall perform such duties as from time to time, may be prescribed by the Board. The Secretary, Treasurer and Executive Director shall be non - voting ex officio members of the Board. Existing Section 3.03 is hereby renumbered to read 3.04; Section 3.04 is hereby renumbered to read 3.05, Section 3.05 is hereby renumbered to read 3.06; Section 3.06 is hereby renumbered to read 3.07. Section 3.08 of the Kennedale Economic Development Corporation Bylaws is hereby added to read as follows: Section 3.08 Executive Director's Additional Powers and Duties. The Executive Director may from time to time as directed by the President, Vice - President, or in the absence or disability of either, the Board, sign and execute documents, instruments of conveyance and contracts in the name of the corporation. I_ :. T tl e ► ! � Section 7.07 of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: Section 7.07 Reports. The Board shall present to the City Council for review at the next applicable Council meeting, minutes of each Board meeting as an activity report detailing the projects and work accomplished since the Board's previous meeting. ARTICLE VIII. PROVISIONS REGARDING BYLAWS Section (2) (c) of the Kennedale Economic Development Corporation Bylaws is hereby amended to read as follows: (3 ) This resolution shall be effective from and after its passage and it is so ordained. PASSED AND APPROVED on this l O tb day of January 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary , 2007 Formatted: Font: 10 pt, Italic KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BYLAWS ARTICLE I. OFFICES 1.01 Location. The principal office of the Kennedale Economic Development Corporation (the "corporation ") is located at tlu, hcnncdale Clty flail. 405 Muni cipal - - - Comment [RPM3]: City Hall has lt(r4a °, l�calu:�ti�lc li.yx 76060. �moved toa now location ARTICLE II. DIRECTORS Deleted P.O. Box 268, 209 N. New Hope Road, Kennedale, Texas, 2.01 Number, Appointment, and Term of Office. The business and affairs of the corporation shall be managed by a board of seven directors (the "Board "). Directors shall be appointed by the city council of the City of Kennedale ( "City Council "), and at least three directors must not be employees, officers, or members of the,City ('OMICii_. Each [Deleted city council er ofthe). m-d shall serve at the pleasure of the �Jty_CotinciI for a term of two Deleted board years. c shall be a resident of the City of Kennedale ( "City") and is entitled to Deleted city c ouncil 1 one vote upon the business of the corporation. 2.02 Vacancies. In case of a vacancy on the J the C it- Council shall appoint a �_ Deleted board ) _— b successor to serve the remainder of the unexpired term. ( Deleted city council - - 2.03 Regular Meeting; Place of Meetings Regular meetings shall be held fi•om time to time as determined by resolution of the and shall be held at the Kennedale (®eleie board 1 t. ity, I ial.[. O Mon is rh.11 i �i iyo, ,`unless otherwise determined by resolution of the J19ai Comment [RPM2]: New location of ( In any event, all meetings shall be held within the corporate boundaries of the City of cit hall Kennedale. A meeting of the,11g,ird for the election of officers and the transaction of Deleted Community Center, loo East ( other business shall be held on the third Tuesday in �Agq)IN4 ,,4 each year, unless changed Broadway Street [ Deleted b oard f by resolution of the at-d. All meetings shall be called and held in accordance with the (Deleted board Texas Open Meetings Act, Chapter 551, Govermnent Code, as amended. l 2.04 Special Meetings. Special meetings of the ward shall be held whenever called Comment [RPM3]: This is our present practice. f by the president, or upon written request by two directors. ( Deleted August ) 2.05 Notice of Meetings. The secretary shall cause notice of the time and place of Deleted board holding each meeting of the J.jcnit to be given to each director. The notice may be in ( Deleted board writing, in person, or in person by telephone. Notice of each meeting shall also be given Deleted to the public in accordance with the provisions of the Texas Open Meetings Act, Chapter Deleted board 551, Government Code, as amended. 2.06 Quorum. A majority of the membership of the �3oard, including vacancies, Deleted: board shall constitute a quorum for the transaction of business. 2.07 Order of Business. The order of business shall be determined by the j. cq i_d • Deleted board 2.08 Presiding Officer. At all meetings of the,f3crard, the president, or in the Deleted: board president's absence, the vice - president, or in the absence of both of these officers, a member of the) on i-d selected by the directors present, shall preside. The secretary of the Deleted board J corporation shall sit as secretary at all meetings of the oar_el, and in case of the A. t Deleted: board secretary's absence, the presiding officer shall designate any person to act as secretary. -A --- Forma tted: Font: 10 pt, Italic uo��a of obuUhm�ouu�od 2.09 Management. The property and hb "="^" "^r^"°~~ ---- --------- \ | 6vthuJlyad which may exercise all powers of the corporation. 2.1A Additional Powers. Io addition 10 the powers uoufeffudky these hy-}mvo,and _ ----- _____�_______ | vritbt6euppuovu]oftho(lLy[o/pDc8 /Deleted: corporation and do all lawful acts and things that are not prohibited by statute, or these .citycounci!__._____ by-laws including, but not limited mthe following powers: (|) To purchase, ur otherwise acquire for the corporation, any property, rights, u« privileges which the corporation ia authorized tn acquire, o1such price co consideration and generally on such terms and conditions as they determine to be appropriate, and at their discretion to pay therefor either wholly or partly in money, notes, bonds, debentures, or other securities uo contracts ofthe corporation um may belawful. ( To create, make and issue notes, onort8ogeo,boudo,doudao[trout,bnd agreements and negotiable or transferable instruments and securities, secured by mortgage o« deed of trust ou any real property of the corporation orotherwise, and indo every other act u« thing necessary ho effect the same. 8) q�e�[juuo� 0�� r��mp��prop��ofU� ��r �� ` � iwm | oorpormdmouuoucbt�n�000 the J3o�douuy see Otand ho execute all deeds ` leases ' and other conveyances o« contracts that may bm necessary for carrying out the Deleted: board purposes of this corporation. � ARTICLE, III, OFFICERS 3.01 Compensation oy Directors and Officers. Directors and officers, shall not receive any salary for their services but by resolution of the Jjixltd, expense incurred in Deleted: board the corporation's business may be reimbursed. 3O%0xocodvwx�Y�cwrm Tho�x�cudv�otOcmnuf�uuuq�orudunobuUh�u , . -' - a v — / . one of the seven board .~.~~.. / president and . The at each annual meeting ahuU elect these officers ---' L anguage t' hy ballot. These offices shall bo held by�Rppd, dbeo¢ors'. the secretary, treasurer and executivt director moved to a new paragraph for ckv l �� of of trc�astlrel shall be direc(or offinance, The.-city inamiger-sil-81-1 Deleted; The office of secretary shall i�[��l��x��k� !��Ll� be held by the city secretary. The office of treasurer shall be held by the director 6)/.x'|mini�|[,UiY��l!|lp�rL��/Yi��J�l1��]��1��`J��'By�[d�/��l��|�Q�i»l offmance. The persons holding the Stich other officersas tht.-v deeni llecessary, �vho shall have such authority and shall nonvoting ex-officio members ofthe t__J�j I Such thitics-as 1ron) thoe to.Chne ma)L be )rewribed by the Board, The Secrelal"'. board. The board may appoint such other Directorshall he jion-voting ex officip ineinhers ofthe Board. officers as they deeni necessary, who shall have such authority, and shall -__3.0, Powers and Duties oy the P�mmtdmut The president mhuOpr��eu1u|l perform such duties as from time to firne may be prescribed by the board. The city ��r�.�m�a�l��W��,�� manager shall serve as the executive and instruments of conveyance in the name of the corporation, to sign checks, drafts, director of the corporation and shall provide such staffas may be necessary notes and orders for the payment of money, and to appoint and discharge agents and for adininistrative support services for the employees, subject to the approval of the J BgLayd. He or she shall have general and active corporation. The executive director shall be a non-voling ex officio member ofthe management of the business of the corporation, and shall perform all the duties usually incident (o the office o[president. Deleted: board Del eted: A vi >wber d. 2007 Formatted: Font: 10 pt, Italic 3.0, Vice- President. The vice president shall have such powers and perform such Deleted: a duties as may be delegated to him or her by the. 3&poard. In the absence or disability of the board president, the vice - president may perform the duties and exercise the powers of the president. 3.01! Power and Duties of the Secretary. The secretary shall keep the minutes of all meetings of the ,f3_gard in books provided for that purpose; shall provide all notices sign with lx r:oniic atithc'rized b (.ho 13Y Im %in the name of the corporation, all contracts and instruments of conveyance authorized by the)-j! ard_gshall have charge of the books and papers of the) 1(m d; and shall in general perform all the duties incident to the office of secretary, subject to the control of the Jll) ird. Records of the corporation shall be maintained and filed in the office of the city secretary of the city. 3.0,7 Treasurer. The treasurer shall have custody of all funds and securities of the corporation „shall endorse on behalf of the corporation for collection, checks, notes and other obligations and shall deposit the same to the credit of the corporation in such bank or depository as the,l3oard may designate. Whenever required by the,3oar ]. the treasurer shall render a statement of the corporation's cash account; enter regularly in the books of the corporation a full and accurate account of the corporation; and perform all acts incident to the position of treasurer, subject to the control of the l3oaa d. All written statements and accounts shall be maintained and filed in the office of the city manager for the city. The treasurer shall give a bond for the faithful discharge of his /her duties in such sum, if any, as is required for the City of Kennedale Director of Finance. e_Uii °eetor-'' I�cPt i €aolrr�l ll'o��.f rs .�rrti I�id l�s "1 }re l xecuti e I)ireetor 111:1v from tinic to tune Zis d irocl ed by Presid Vi ce Pre sident, o r . in the obscnce or h_ hilih t�l eitlu i_flu Board --- __signancl_execut_ dMlm ents, instruments of_con% aix < nid ( - (Jllf ir.(s ill lire rid lie of ilhc corporation, ARTICLE IV. CORPORATION SEAL A corporate seal is authorized, but shall not be required. ARTICLE V. FISCAL YEAR The fiscal year of the corporation shall begin on the first day of October and terminate on the 30th day of September in each year, ARTICLE VI. INDEMNITY Deleted board Deleted Deleted: the president, or a vice - president, Deleted: board ) Deleted Deleted board Deleted l Deleted board { Deleted 6 Deleted and JT J (Deleted board _ ) Deleted board Deleted (Deleted: board Comment [RPM7]: This change replaces the need for power of attorney for the City Manger to sign documents for the EDC. The corporation shall indemnify each member of the BQ,44 d, its officers and Deleted: 'board employees, and each member of the �C i t y r_ouncil and employee of the city, to the Deleted: c conned ) applicable limits established by the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code) or other applicable law, against all liability or expense, including attorneys fees, incurred by reason of any actions or omissions that may arise out of the functions and activities of the corporation. ARTICLE VII. MISCELLANEOUS 7.01 Notices and Waivers. Whenever, under the provisions of these bylaws, notice is required to be given to any director or officer, unless otherwise provided, the notice Rai / Nov. 4, - Formatted: Font; 10 pt, Italic may be given personally, or it may be given in writing by depositing it in the post office or letter box in a post paid envelope or postal card addressed to the director or officer, at the address as appears on the books of the corporation, and the notice shall be deemed to be given at the time when it is mailed. Whenever any notice to directors or officers is required to be given by law, or by these bylaws, a waiver in writing signed by the person or persons entitled to the notice, whether before or after the time stated shall be deemed the equivalent of notice. This paragraph does not eliminate the requirement to comply with the Open Meetings Act. 7.02 Negotiable Instruments. All checks, drafts, notes or other obligations of the corporation shall be signed by such of the officers of the corporation or by such person or persons as may be authorized by the joard. All checks shall require the signature of two (Deleted: board - persons. 7.03 Resignations. Any director or officer may at any time resign. Resignations shall be made in writing and shall take effect at the time specified in the resignation, or, if no time be specified, at the time of its receipt by the president or the secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. 7.04 Approval of the City Council. To the extent these bylaws refer to any approval or other action to be taken by the city, that approval or action shall be evidenced _ by a certified copy of a resolution, ordinance, or motion duly adopted by the,C' its, Deleted: city council Ct,uncii. 7.05 Organizational Control. The (Jty C'_ourlciI at its sole discretion, and at any time, may alter or change the structure, organization or activities of the corporation (including the termination of the corporation), subject to any limitation on the impairment of contracts entered into by such corporation. The foregoing notwithstanding, the city, at all times during which any indebtedness of the corporation, the interest on which is exempt from federal income taxation, remains outstanding, will maintain a beneficial interest in the corporation. 7.06 Annual Audit. The,i,oard shall arrange for an annual independent audit of the corporation's books and records and shall present the audit report to the Council within 180 days of the end of each fiscal year. 7.07 ,Reports. The j - lo ti shall present to (110, City ('ouncll (ur w%fi v,ti' al tile Iles( pplic: lbl Comfit Il nw line rilinu(r ill ead) Board irieetiop as to i eti��tt re )or detailing the projects and work accomplished since _I lie Bo ard's t preyious Iy — ilv , 7.08 Forfeiture of Office. (1) A boar ;l member shall forfeit office if the member: (a) lacks at any time during the term of office any qualifications for the office prescribed by law or these bylaws; (b) violates any express prohibition of these bylaws; or (c) fails to attend three consecutive regular meetings of the f to lyd without notice to and being excused by the,t3om_rd or the t II}_(_ouni_lf. Deleted: city council Deleted: boa Deleted: city council Comment [RPM8] Deleted Quarterly — (Deleted board a _� Deleted: prepare a quarterly activity report, Deleted during the previous quarter � D.I�e d: Thus report shall be submitted to thity council by the 15th day of the I month following the end of each quarter. eted: rr Del board Deleted: board Deleted: board (Deleted city council A'ovembel mi l,- 2. ( F ormatted : Font: 10 Italic (2) Any forfeitures)( office required by the must be approved by the City .1 cn1)iij1, which shall appoint a successor to serve the remainder of the unexpired term. ARTICLE VIII. PROVISIONS REGARDING BYLAWS (1) These bylaws shall become effective only upon the occurrence of the following events: (a) the approval of these bylaws by the,City-Couilcil; and (b) the adoption of these bylaws by the�lcrird of directors. (2) These bylaws may be amended at any time and from time to time either by majority vote of the directors then in office with approval of the n Ci� Couiwil or by the ,t i(y_Col l itself, at its sole discretion. (>) These bylaws shall be liberally construed to effectuate their purposes. If any word, phrase, clause, sentence, paragraph, section or other part of these bylaws, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these bylaws to any other person or circumstance shall not be affected thereby. ARTICLE IX. DISSOLUTION OF CORPORATION It shall not be the purpose of this corporation to engage in carrying on propaganda or otherwise attempting to influence legislation. Upon the dissolution of the corporation after payment of all obligations of the corporation, all remaining assets of the corporation shall be transferred to the City of Kennedale, Texas. I hereby certify that the foregoing bylaws are the true and correct bylaws adopted by the Kennedale Economic Development Corporation on the day of , ,. -_-". _..__..._- and approved by Resolution of the Kennedale City Council on _. Deleted: or j L Deleted: board Deleted. ty council } Deleted: city council r Deleted: board Deleted city council Deleted city council - - -_ -- Deleted: c ll Deleted: 1998 Deleted: ¶ February 12, 1998 Secretary Date: January 10, 2008 Agenda Item No: VIII -b Subject: Animal Services Interlocal Agreement Originated by: Chief Tommy Williams Summary: Each year the Police Department contracts with the city of Fort Worth Animal Shelter for services. These services include housing of stray and impounded animals as well as the quarantine of animals that have been involved in bite incidents. Attached is the contract for 2008 for review and approval. There are changes to the contract that are outlined as follows. • Under Section 6 (Impoundment, Quarantine, and Disposition of Animals) the city now has a minimum charge of one day for surrendered animals, and four days for delivered stray animals. This is to insure that they are compensated for the housing of animals that either an owner no longer wants or where owners are likely not going to be located. • Section 18 (Force Majeure) was inserted in the event of a catastrophe that damages the facility or exceeds their capacity. They want to retain the right refuse animals once they are at or exceeding capacity. • Section 19 (Fiscal Funding Limitation) was inserted to allow them an out should budget restrictions prevent them from continuing to provide shelter services. • Section 29 (Homeland Security) gives them the ability to opt out of the contract in the event of a national emergency. Many of the shelter employees are trained in other emergency management areas and a national alert or event could restrict their ability to provide service. • There is now a $9.00 fee for rabies vaccinations that we will have to charge residents if they cannot provide proof of vaccination on their animal. These changes should not affect our ability to deliver animal control services to the citizens of Kennedale. According to the shelter representative that I spoke to, Sections 18, 19, and 20 were required by their city attorneys. There may be minor cost increases because of the minimum boarding fees but these should not impact our budget negatively. The surrender fee is normally collected from.the citizen at the time of surrender so we don't pay that fee. All other requirements within the contract are the same as last year. CADocuments and Setting s\cbrown\mydocume nts\s amp lestaffreport Recommendation: It is the recommendation of staff that the contract be approved and adopted. • • . • CADocuments and Settings\ cbrown \mydocuments \samplestaffreport December 13, 2007 POLICE DEPARTMENT CITY OF KENNEDALE 401 MUNICIPAL DRIVE KENNEDALE TX 76060 RE: Interlocal Agreement for Rabies Control Dear Sir or Madam: Please find enclosed THREE original documents for the Interlocal Agreement for Rabies Control Services for FY 2008. Please process all three documents with original signatures and return them to us for our city officials' signatures. A final signed agreement will then be returned to you. The Animal Care and Control Division is pleased to be able to serve you. If you have any questions, please call me at 817 - 392 -3742. Thank you. Sincerely, ( l Anne Thomason, Senior Administrative Assistant PUBLIC HEALTH DEPARTMENT ANIMAL CARE AND CONTROL DIVISION THE CITY OF FORT WORTH * 4900 MARTIN STREET * FORT WORTH, TEXAS 76119 -5200 (817) 392 -3737 * FAx (817) 561 -3741 '4 Printed on recycled paper STATE OF TEXAS § COUNTIES OF TARRANT § DENTON AND WISE § INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City ", acting herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and the City of Kennedale, hereinafter called "Kennedale ", acting herein by and through 17,og If,,, _ , its duly authorized e M a ,J a ez WITNESSETH: WHEREAS, VTCA Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among municipalities and counties for the performance of governmental functions; and WHEREAS, Chapter 826 of the Health and Safety Code, Vernon's Texas Codes Annotated, also known as the Rabies Control Act of 1981 (hereinafter referred to as "the Act "), requires governing bodies of each municipality to designate a local rabies control authority to enforce the Act and minimum standards for rabies control adopted by the Texas Board of Health; and WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into agreements with public entities to carry out activities required or authorized under the Act; and WHEREAS, Kennedale wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Kennedale; and WHEREAS, Kennedale and City mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act. NOW, THEREFORE, it is agreed as follows: 1. PURPOSE The purpose of this Interlocal Agreement is to enter into an agreement between the City and Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the consideration specified below, City agrees to provide Kennedale with limited rabies control services in the City of Kennedale, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. 2. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: ACT shall mean the Rabies Control Act of 1981, codified as Chapter 826 of the Health and Safety Code, Vernon's Texas Codes Annotated. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo sapiens. ANIMAL CARE AND CONTROL CENTER shall mean the facility operated by the City for the purpose of impounding and caring for animals as prescribed by law located at 4900 Martin Street, Fort Worth, Texas. BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by an animal on a human. CAT shall mean a commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or a dog that commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. DAY shall mean a calendar day or any part thereof. DOG shall mean canis familiaris. QUARANTINE shall mean the strict confinement of a biting animal, in accordance with the Act and the Rules. RABIES shall mean an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. RULES shall mean the rules adopted by the Texas Board of Health for rabies control and eradication under 25 TAC § 169.21 et seq. STRAY shall mean roaming with no physical restraint beyond the premises of an animal's owner or keeper. 2 3. TERM The term of this Agreement is for a period of one (1) year commencing on October 1, 2007 and ending on September 30, 2008. 4. SERVICES BY CITY A. Hours City agrees to perform the services annotated in Subsection B. below, for Kennedale between the hours of 8:00 a.m. and 4:00 p.m. only, during the week days and weekends, excluding holidays, with no after hours service provided. B. Rabies Response In the manner and to the extent that it deems appropriate and in accordance with the Rules and the Act, City will: (1) Place animals delivered to it in rabies quarantine; and /or (2) Euthanize, process and ship for rabies testing animals which are presented by Kennedale to the City. C. Imboundment of Animals City will board animals delivered to the City's Animal Care and Control Center by Kennedale. 5. DUTIES OF KENNEDALE A. Kennedale agrees that it will retain all responsibility for enforcement of all aspects of the Act not covered in Section 4 of this Agreement, including criminal enforcement. B. Kennedale agrees that it will pursue, at its discretion, the issuance and execution of warrants or other court orders necessary for the seizure of animals requiring quarantine or testing under Section 4 of this Agreement, whose owners have failed or refused to place them for quarantine or testing. Kennedale further agrees that City is not required to pursue the issuance and execution of such warrants. 6. IMPOUNDMENT, QUARANTINE AND DISPOSITION OF ANIMALS A. Any animal presented by a Kennedale resident may be accepted by the City provided that Kennedale shall pay one (1) days board for such surrendered animals and four (4) four days board for delivered stray animals, as specified in Exhibit "A." A live, stray animal impounded by the City under this Agreement shall be held for a period of not less than three (3) days, excluding the day it is impounded, unless released earlier to its owner. A 3 quarantined animal shall be held or presented for testing according to the Act and the Rules. Kennedale shall notify City in writing whether Kennedale does or does not desire that the bite animal be prepared and shipped for testing. Kennedale shall provide in writing to the City the date of the bite incident and the animal's date of release from quarantine. B. Prior to the expiration of the impoundment period, the City may destroy an impounded animal if the City's Director of Public Health or the Animal Care and Control Center's veterinarian recommends and approves such action. C. Impounded and /or quarantined animals will be released to their owners upon: (1) Proof of identification; (2) Receipt or other proof of payment to Kennedale of kenneling fees; (3) Purchase of a City license tag if the animal is a dog or cat and the owner resides within the City; and (4) Arranging for rabies vaccination for the animal if the animal is a dog or a cat and its vaccination is not current and the animal's owner resides within the City. D. The ownership of impounded animals that have not been released to their owners on the expiration of the impoundment period reverts to the City, and the animals may be placed for adoption or euthanized, at the sole discretion of the City. E. All quarantined animals from Kennedale not reclaimed by their owner will be euthanized, and Kennedale will be billed for the cost of quarantine, euthanization and disposal as applicable. F. Kennedale will be billed for boarding of all impounded animals delivered by Kennedale for the number of days held during the impoundment period and /or for the number of days held up to the date reclaimed by the owner. The number of days, for billing purposes, will begin on the day that the animal is impounded. 7. EXCLUSIONS A. Nothing in this Agreement shall be deemed as designating the City or an officer or employee of the City as the "local health authority" or "local rabies control authority" of the City of Kennedale as those terms are defined or used in Title 10, Health and Safety Code, Vernon's Texas Codes Annotated. B. Nothing in this Agreement shall be deemed as requiring the City to investigate reports of dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the City of Kennedale under the authority of Chapter 822 Subchapter D. of the Health and Safety Code, Vernon's Texas Codes Annotated. El C. Nothing in this Agreement shall be deemed as requiring the City to quarantine or present for testing domestic animals that have been bitten by or directly exposed by physical contact to a rabid animal or its fresh tissues. D. City shall not impound stray animals if Kennedale fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Health and Safety Code, Vernon's Texas Codes Annotated, that require animals to be restrained at all times. 8. RESPONSIBILITY FOR EMPLOYEES City employees who provide services under this Agreement are deemed to be City employees when providing such services. City will exercise complete control over the hiring, training, supervision, and conduct of such employees. City will be responsible for all wages and applicable payroll deductions, unemployment taxes, workers' compensation, insurance, vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles, and equipment used by such employees for providing services under this Agreement. Kennedale shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Kennedale becomes necessary for the resolution of the emergency. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Kennedale from October 1, 2006 through September 30, 2007, Kennedale agrees to pay City for its services based on the schedule attached hereto as "Exhibit A ", as pertinent, which is hereby incorporated as a part of this Agreement as if it were set forth at length. City may adjust any fee listed in "Exhibit A" during the term of this Agreement by giving Kennedale 120 days written notice. Kennedale will not pay City more than ® o 12 in total, for services rendered during the term of this Agreement. This amount shall herein constitute a not to exceed limitation placed upon this Agreement, and when such amount is reached, City will cease providing such services. City agrees to provide the City of Kennedale with an itemized monthly bill. Kennedale agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Kennedale, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay such bill, within thirty (30) days of receipt. B. Pursuant to the requirements of Government Code § 791.011(d)(3), Vernon's Texas Codes Annotated, the amount due City under subparagraph A. above, shall be paid from revenues available to Kennedale in fiscal year October 2007 through September 2008. 5 10. LIABILITIES A. To the extent permitted by law, Kennedale shall be responsible for all work - related deaths, injuries or diseases of City employees, and, for property damage, personal injury or death caused by City of Kennedale employees or volunteers, relating to work provided pursuant to this Agreement. B. To the extent permitted by law, City shall be responsible for all work- related deaths, injuries or diseases of City employees, and, for property damage, personal injury or death caused by City's own employees or volunteers, relating to work provided pursuant to this Agreement. C. Kennedale' shall be responsible for all property damages, personal injuries and death arising from the use of City and Kennedale equipment and vehicles caused by Kennedale employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by Kennedale employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries and death arising from the use of City equipment and vehicles caused by City employees or volunteers pursuant to this Agreement. City shall also be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City employees or volunteers during the provision of services hereunder. 11. IMMUNITY & THIRD PARTIES A. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor Kennedale waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. B. Nothing in this Agreement shall be construed to benefit any third party other than an employee or officer of Kennedale or City while in the performance of this Agreement. This Agreement may not be construed to expand the liability of City or Kennedale beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated herein. 12. TERMINATION It is further agreed by and between City and Kennedale, that City and Kennedale shall each have the right to terminate this Agreement upon thirty (30) days written notice to the other party. 0 13. ENTIRETY This Agreement contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 14. MODIFICATION This Agreement may be modified by the mutual agreement of the parties, if the modification is in writing and signed by City and Kennedale. 15. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 16. AUTHORITY This Agreement is made for City and Kennedale as an Interlocal Agreement pursuant to VTCA, Government Code, Chapter 791. 17. AUTHORIZATION The undersigned officer and /or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 18. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period 7 applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 19. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to [other party] of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 20. HOMELAND SECURITY If the United States Department of Homeland Security issues a Level Orange or Level Red Alert City, in its sole discretion, may terminate the Lease immediately. E:3 Signature Page for Rabies Interlocal with Kennedale EXECUTED in triplicate this Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH Joe Paniagua Assistant City Manager APPROVED AS TO FORM Assistant City Attorney ATTEST: Marty Hendrix City Secretary day of CITY OF KENNEDALE BY: ITS: 200_, in APPROVED AS TO FORM City Attorney ATTEST: City Secretary CRP09.27.05vl "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY KENNEDALE DAILY BOARD FEE Kenneling (per dog, cat or other small animal) Quarantine (per animal) RABIES VACCINATION FEE Per reclaimed dog or cat SERVICE CALLS AND RABIES RESPONSE (Excluding head preparation and shipment) Per Request HEAD PREPARATION AND SHIPMENT Per Animal Head EUTHANIZATION AND DISPOSAL Per animal EMERGENCY SERVICE REQUEST Per Request $15.00 per day $20.00 per day $ 9.00 $70.00 $80.00 $15.00 $80.00 10 Date: January 10, 2008 Agenda Item No: viii -c Subject: Interlocal Agreement for CRIMES Software Summary: The police department has experienced a number of problems in the past 18 months with the current records management system (RMS) and the server that it is installed on. The server is aging and needs to be replaced. The RMS use a proprietary server system through SUN Microsystems and the replacement cost for the server is approximately $30,000.00. In addition, the RMS does not provide basic statistical feedback in any format other than raw numbers that have to be hand counted and formulated. It is old technology (20+ years) and has not kept up with the evolving needs of public safety. The system was developed through grant funds and SHSU agreed to make the system available to police agencies at no charge. The only cost associated with the system is the PC hardware /server components needed to run the program and the yearly technical support cost, which are based on the user city's population. For the CADocuments and Settings\ cbrown \mydocuments\s amp lestaffreport Kennedale Police Department this yearly cost will be $17,000.00, which also includes a mobile module to allow report writing from the filed through mobile computers. The system is expandable to allow for growth within the police department. CRIMES currently provides interface connections with the Fire House system utilized by the Kennedale Fire Department and are working on an interface with our electronic citation software provider. They have stated that they will write an interface program on request as long as the program designers agree and allow it. All that is needed is for the city to execute the agreement and schedule installation. The adoption of the new phone system and other software is freeing up the use of a server in City, Hall and that server will be utilized for the purpose of housing the CRIMES system. CADocuments and Settings\ cbrown \mydocuments \samplestaffreport G Larry T. Hoover, Ph.D. Director Hou Sam Sta � � A Member of The Texas State Universi0i System POLICE RESEARCH CENTER October 8, 2007 Chief Tommy Williams Kennedale Police Dept. 401 Municipal Drive Kennedale TX 76060 RE: CRIMES Software License Agreement Dear Chief Williams; We are delighted that you will be joining us as a Partner Agency in Sam Houston State University's CRIMES endeavor. I want to assure you that we will do everything possible to deliver a law enforcement information management system that will bring the `state of the art' of this technology to the Kennedale Police Department. Enclosed are two copies of the license agreement for leasing the CRIMES software. Please sign and return both copies of the agreement. After SHSU signs the agreement, we will mail you one of the fully executed copies. The lease agreement is "legally" a state of Texas inter -local agreement, and as such is subject to relevant state statute provisions. We worked with several partner agencies when it was developed. The agreement is very "client friendly." The Systems Attorney for The Texas State University System reviewed and approved it. The same agreement is used for all Partner Agencies. As soon as the license agreement is fully executed, Rafael Pulgar of our staff will contact you about setting up an installation schedule. Your initial lease period will not begin until the software is installed in your agency. We are looking forward to working with the Kennedale Police Department in this endeavor. The Partner Agency Group is a true partnership to develop police information technology that enhances and supports field operations at state of the art standards. Thanks again for your confidence in us. If you have any questions, feel free to contact me. Sincerely, rry T. I-foover, Ph.D. Director Enclosures Sam Houston State University is an Equal OpportunitylAfrmative Action Institution Huntsville, Texas 77341 -2296 936.294.17o4 Fax 936.294.1684 This agreement, together with all Appendices hereto, is entered into by and between: Sam Houston State University City of Kennedale Police Department Huntsville, Texas Kennedale, Texas (LICENSOR) (LICENSEE) 1.0 DEFINITIONS 1.1 "CRIMES LAW ENFORCEMENT MODULE" refers to the software program or programs and related materials described in Appendix A, together with all documentation, copies, whether complete or partial, notes, memoranda, and all other materials and information supplied by LICENSOR. 1.2 "LICENSOR" refers to the entity listed above and its duly authorized agents, employees, attorneys, and representatives. 1.3 "LICENSEE" refers to the entity listed above and all agents, employees, attorneys, representatives, and persons acting on behalf of or under the control or supervision of same. 1.4 "Upgrade" or "new release" designates a significant change in the system or methodology of CRIMES LAW ENFORCEMENT MODULE and is considered a major change of same. 1.5 An "enhancement" is an addition to the basic program which corrects a deficiency or problem or provides additional reports to management or otherwise provides some additional function, which is not a major change. 1.6 The "Primary Contact" shall be one person designated by LICENSEE to act for LICENSEE in connection with instructions, questions, requests, enhancements, upgrades, new releases, telephone calls and correspondence related to CRIMES LAW ENFORCEMENT MODULE and shall be the person with primary responsibility for contact with LICENSOR. This is to avoid several different people giving conflicting or confusing requests or information to LICENSOR, The Primary Contact shall be listed on Appendix A. 2.0 GRANTS 2.1 LICENSOR grants to LICENSEE a non - exclusive and non - transferable license to use the CRIMES LAW ENFORCEMENT MODULE, as set forth herein. 2.2 The license granted herein is limited to use of CRIMES LAW ENFORCEMENT MODULE on the computer systems and at the location or locations specified in Appendix A; provided that if an office location is moved after installation of CRIMES LAW ENFORCEMENT MODULE, then CRIMES LAW ENFORCEMENT MODULE may be used at the new location in accordance with the terms of this agreement. 2.3 The license granted herein shall not be assigned, sublicensed, or transferred, except in accordance with this agreement. 2.4 LICENSEE also agrees to allow the demonstration of CRIMES LAW ENFORCEMENT MODULE by LICENSOR at LICENSEE's premises to others upon reasonable notice and LICENSEE's approval. 3.0 TERM & TERMINATION 3.1 Upon acceptance and execution by LICENSOR, this Agreement will become binding and effective for an initial term of twelve (12) months from the date established below. 3.2 The LICENSEE may renew the Agreement for additional one -year terms by giving advance written notice to the LICENSOR at least forty -five (45) days prior to the expiration date of its intent to renew the Agreement for an additional term. CRIMES LAW ENFORCEMENT SOFTWARE 3.3 LICENSOR may terminate this Agreement if. a. LICENSEE fails to timely make any payment due; b. LICENSEE breaches any of the terms hereof or fails to perform any obligation hereunder and such breach or failure is not cured within ten days of notice of such breach. c. The LICENSEE shall have the right to terminate this Agreement upon thirty (30) days' notice to the LICENSOR upon breach by or default of the LICENSOR. A breach or default shall be deemed to have occurred if the LICENSOR fails to comply with a term, condition or obligation of this Agreement; provided, however, that LICENSOR shall have ten (10) days within receipt of written notice of the breach to cure the default. 3.4 Upon termination for any reason, no refund shall be due. LICENSEE shall not be relieved of any obligations previously incurred or accepted, including the obligation to make any outstanding payments. 3.5 Termination of this Agreement does not relieve LICENSEE of its obligations and duties relating to non- disclosure as established under Section 11.0 hereof. 3.6 Upon termination of this Agreement, LICENSOR will make reasonable efforts to assist LICENSEE in the conversion of LICENSEE's data contained in the CRIMES LAW ENFORCEMENT MODULE to another police information system. 3.7 LICENSOR shall take reasonable steps to assure security and emergency availability of the source code. In the event the LICENSOR for any reason is unable to continue support of the CRIMES software, all source codes will be provided to the LICENSEE at no additional cost. 4.0 FEES & PAYMENT 4.1 The license fee for CRIMES LAW ENFORCEMENT MODULE shall be that set forth on Appendix A. 4.2 All third party hardware and software purchased or obtained through LICENSOR shall be in addition to the license fee for CRIMES LAW ENFORCEMENT MODULE and in accordance with invoices and/or written quotations from LICENSOR to LICENSEE. 4.3 The fees are payable as set forth in Appendix A. 4.4 Subsequent versions of CRIMES LAW ENFORCEMENT MODULE will be provided to LICENSEE at no additional cost. 4.5 LICENSOR will submit an invoice to LICENSEE upon completion of installation. 5.0 INSTALLATION & TESTING 5.1 LICENSOR will deliver and install CRIMES LAW ENFORCEMENT MODULE and such equipment and third party software obtained through LICENSOR as soon as practical, depending on the delivery of such hardware and other software. 5.2 Under no circumstances shall LICENSOR be responsible for any delays in connection with hardware or software other than CRIMES LAW ENFORCEMENT MODULE. 5.3 Installation shall include loading of CRIMES LAW ENFORCEMENT MODULE and any third party software obtained through LICENSOR onto the server unit assigned to LICENSEE and setting up all third party hardware obtained through LICENSOR. 5.4 Installation does not include data entry, except for test data. 5.5 LICENSOR will also test CRIMES LAW ENFORCEMENT MODULE on LICENSEE's equipment to make sure CRIMES LAW ENFORCEMENT MODULE is operational. 5.6 LICENSOR will also demonstrate the use of CRIMES LAW ENFORCEMENT MODULE using test data. 6.0 TRAINING 6.1 Training in the use of CRIMES LAW ENFORCEMENT MODULE shall be offered approximately once per quarter at the Criminal Justice Center, Sam Houston State University, Huntsville, Texas. In lieu of training in Huntsville, on site training may be offered at the LICENSOR'S discretion. 6.2 LICENSEE shall be entitled to send one employee per six (6) server ports to training annually. Requests for training of additional personnel shall be granted on a space available basis within the sole discretion of the LICENSOR. 6.3 LICENSEE shall be responsible for all incidental training costs of its personnel including, but not limited to, transportation, lodging, and food. CRIMES LAW ENFORCEMENT SOFTWARE 6.4 LICENSOR shall be responsible only for the costs of direct delivery of the training and shall have no liability for any incidental training costs. 6.5 LICENSOR shall use reasonable efforts to reserve lodging space at the University Hotel, Huntsville, Texas, or comparable establishment, for LICENSEE'S personnel during the training period. 6.6 LICENSOR reserves the right to cancel any scheduled training session if less than five (5) individuals have reserved positions within one week of the date of the training. LICENSOR shall not be liable for any costs to LICENSEE for such cancellation. 7.0 SOFTWARE MAINTENANCE & SERVICE: 7.1 Software maintenance and service will be provided for the fee set forth in Appendix A. 7.2 Software maintenance and service includes the following services: a. Periodic monitoring of network over telephone via modem; b. Correction of all verifiable bugs or defects in CRIMES LAW ENFORCEMENT MODULE; c. Providing LICENSEE with enhancements after field testing; d. Providing LICENSEE with upgrades and new releases as available, including documentation; e. Answering routine questions regarding use or operation of CRIMES LAW ENFORCEMENT MODULE from 8:00 a.m. to 5:00 p.m. central time; f. 24 hour emergency telephone hotline; 7.3 The frequency of monitoring shall be determined by LICENSOR. 7.4 LICENSEE shall promptly notify LICENSOR of any apparent problems with CRIMES LAW ENFORCEMENT MODULE. 7.5 Maintenance does not include correction of user errors, but such custom assistance may be available at regular hourly rates. 8.0 CONVERSION 8.1 LICENSOR will assist LICENSEE in planning a schedule of activities and/or checklist for the conversion process from LICENSEE's current system to CRIMES LAW ENFORCEMENT MODULE. 8.2 Actual conversion, including transferring data from prior systems, modifying such data if necessary, and interpreting same, as well as all other aspects of the conversion process, is the responsibility of the LICENSEE. 8.3 LICENSOR may assist LICENSEE in the actual conversion of data at LICENSOR's regular hourly rates. 8.4 CRIMES LAW ENFORCEMENT MODULE is designed to allow LICENSEE to manually enter data into the system by having LICENSEE's personnel type in the data after CRIMES LAW ENFORCEMENT MODULE is installed. 8.5 If LICENSEE's data is already contained in a form and structure compatible with the data structure of CRIMES LAW ENFORCEMENT MODULE, it may be possible for LICENSOR to write a program to assist in the transfer of LICENSEE's previous data. If such is done, the program, including the copyright thereto, will remain the property of LICENSOR. 8.6 Standard conversion includes the transfer only of the types of data listed in Appendix A. It is acknowledged that adding and/or transferring other data which may be in LICENSEE's prior system is considered customization work, which will be at additional cost and which will take additional time. Such work is governed by the Additional Services provisions herein. 8.7 Interpretation of LICENSEE's data and modification, if necessary, into a form consistent with CRIMES LAW ENFORCEMENT MODULE's data structure is LICENSEE's responsibility, although LICENSOR will assist LICENSEE at LICENSOR's regular hourly rates. 8.8 It is acknowledged that not all information in LICENSEE's old system may be transferable to CRIMES LAW ENFORCEMENT MODULE and the interface, if it can be done, will apply only to compatible items. 9.0 ADDITIONAL SERVICES 9.1 LICENSOR may provide additional services such as assistance in choosing equipment or software,. purchasing third party equipment and software, training, conversion, customization of screens, interfacing CRIMES LAW ENFORCEMENT MODULE with LICENSEE's payroll and/or billing programs or other programs, consultations, and similar functions for an additional fee. CRIMES LAW ENFORCEMENT SOFTWARE 4 9.2 LICENSOR is under no obligation to render such additional services and any agreement for same will be separate from and in addition to this agreement at LICENSOR's regular hourly rates plus expenses, unless prior agreement has been made in writing. 9.3 Payment for additional services shall be due within thirty days of receipt of invoice. 9.4 LICENSOR will also advise LICENSEE promptly of new offerings from LICENSOR which might be of assistance to LICENSEE in the use of CRIMES LAW ENFORCEMENT MODULE at LICENSOR's then current prices. 10.0 WARRANTIES AND DISCLAIMER 10.1 LICENSOR warrants that it has the right to enter into this agreement and owns such rights to CRIMES LAW ENFORCEMENT MODULE as are necessary to grant this license. 10.2 LICENSOR further warrants that CRIMES LAW ENFORCEMENT MODULE does not infringe upon the valid copyright or other rights of others and will indemnify and hold LICENSEE harmless from and against all claims of infringement so long as LICENSEE utilizes CRIMES LAW ENFORCEMENT MODULE in accordance with this agreement and adheres to the terms hereof regarding such utilization. 10.3 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT MODULE will perform as set forth in Appendix A. 10.4 To the extent that LICENSOR supplies LICENSEE with third -party products, whether hardware, software or other supplies, LICENSOR make NO WARRANTY WHATSOEVER regarding such third -party products and LICENSEE shall rely solely on the manufacturer's warranty and LICENSEE's sole recourse will be against such manufacturer. 10.5 LICENSOR does warrant that CRIMES LAW ENFORCEMENT MODULE will work as set forth in Appendix A and the specifications with other products obtained through LICENSOR for use with CRIMES LAW ENFORCEMENT MODULE. 10.6 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, LICENSOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, CRIMES LAW ENFORCEMENT MODULE IS LICENSED AS IS AND WHERE IS AND THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ANY AND ALL OBLIGATIONS OF LICENSOR FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF CRIMES LAW ENFORCEMENT MODULE. LICENSOR'S LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CHARGES ACTUALLY PAID BY LICENSEE TO LICENSOR HEREUNDER FOR THE LICENSE OF CRIMES LAW ENFORCEMENT MODULE. 10.7 Under no circumstances shall LICENSOR be responsible for user error, including but not limited to, erroneous data input, misuse of CRIMES LAW ENFORCEMENT MODULE, incorrect interpretation of data or missing data. 11.0 NON - DISCLOSURE OF PROPRIETARY INFORMATION 11.1 CRIMES LAW ENFORCEMENT MODULE, and all information and materials related thereto supplied by LICENSOR constitute proprietary information and trade secrets of LICENSOR. 11.2 LICENSEE shall use LICENSEE's best efforts to insure the confidentiality of CRIMES LAW ENFORCEMENT MODULE, and all related materials and information supplied by LICENSOR. 11.3 LICENSEE warrants that LICENSEE will not disclose, use, modify, copy, or reproduce CRIMES LAW ENFORCEMENT MODULE, or any of the information or materials supplied by LICENSOR except in accordance with this agreement or after first obtaining the written permission of LICENSOR. 11.4 LICENSEE specifically agrees to use its best effort to prevent its employees, agents, attorneys and representatives from disclosing such proprietary information. 11.5 LICENSOR shall use LICENSOR's best efforts to insure the confidentiality of LICENSEE's data, systems, procedures and all other matters and information designated by LICENSEE as confidential. 11.6 LICENSOR specifically agrees to use its best efforts to prevent its employees, agents, attorneys and representatives from disclosing such confidential information and shall hold LICENSEE harmless in the event of any disclosure by said persons. 11.7 The non - disclosure provisions of this section shall continue beyond the term of the contract and shall be binding and enforceable even after termination of this agreement. CRIMES LAW ENFORCEMENT SOFTWARE 12.0 FORCE MAJEURE 12.1 LICENSOR shall not be responsible for any failure to perform hereunder which is caused by Acts of God or any other circumstances beyond the control of LICENSOR. 12.2 The parties hereto recognize that CRIMES LAW ENFORCEMENT MODULE represents a sophisticated software system and that it is impossible to test every possible combination of circumstances and situations. In the event a significant software problem or bug is discovered, LICENSOR will use its best efforts to correct such, but cannot guarantee either a solution or a time frame within which such bug will be eliminated. 12.3 Under no circumstances shall LICENSOR be responsible for any injury or damage due to any delay in delivery or performance. 13.0 MISCELLANEOUS 13.1 The provisions of this agreement shall be severable and if one, or more provisions should be declared invalid, the remaining provisions shall remain in full force and effect; provided that should any provisions regarding the non - disclosure of proprietary information be deemed invalid, then the parties hereto agree to enter into such other agreement as will validly afford, to the greatest extent possible, the protection intended by those sections. 13.2 Any failure or delay in the execution of any right herein shall not constitute a waiver thereof, nor shall any such delay or waiver of a particular default or right operate as a waiver of any other rights. 13.3 It is specifically agreed that the breach of this agreement, and in particular the sections concerning non- disclosure of proprietary information, will result in irreparable injury and the party who claims such a breach shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies which might be available. 13.4 This Agreement shall be construed according to the laws of the State of Texas and all actions, regardless of the nature of such, to enforce this Agreement or for the breach of same shall be brought within two (2) years from the occurrence of the grounds for such action and venue shall be set in either state or federal court in Austin, Texas. 13.5 This agreement is an interlocal contract entered into under the provisions of Chapter 791 of the Texas Local Government Code. Each party will pay for its performance under this agreement from current revenues available to it. 13.6 This agreement represents the entire agreement between the parties and supersedes any and all prior agreements and understandings, and shall not be modified except in writing, signed by both parties. 13.7 The LICENSOR recognizes that any agreements contained herein are subject to the provisions of the Public Information Act (Chapter 552 of the Government Code). LICENSOR: LICENSEE: By: By: SAM HOUSTON STATE UNIVERSITY CITY OF KENNEDALE Date: CRIMES LAW ENFORCEMENT SOFTWARE Core Law Enforcement Modules The CRIMES core law enforcement program consists of the following component modules: - Computer Aided Dispatch (CAD) — Provides a computerized format for comprehensive management of the communications function for Police, Fire, and EMS. Interfaces with 911 systems, MDT/MDC systems, automated TLETS and local warrants checks, and location hazard warnings. Automatic time stamping of call response, records activity and status of all active emergency response units, and recommends units to be dispatched to specific calls- for - service and locations. - Master Name File — Provides a single file containing all persons and organizations entered into CRIMES, which is linked to all data entry modules. This enables a search of the entire CRIMES database for any name or partial name recorded, regardless of their role in an incident. - Incident Reporting — Provides a means to enter initial or supplemental incident reports along with data already entered through CAD, N BRS formatted. Also launches MS Word® to provide word processing capabilities for the narrative portion of the incident report. Accepts digital photos. - GIS Capability — Interface capability to ArcView® providing Communications Center and in- car GIS display; GIS analysis capability. - Local Warrants — Maintains local records on arrest warrant and enables officers to quickly check subjects contacted in the field for local warrants. - Field Interview — Provides a means of recording information on subjects encountered in the field that are not arrested or cited for any violation. - Booldng/Jail Management — Provides a powerful tool for managing county jail and city lockup facilities and includes links to the Master Name Module. This includes the booking of prisoners and maintaining a record of each prisoner's property, location, activity, and status. Includes digital photo storage and photo line -up. - Property Room Management — Maintains a record of all property submitted to the agency property room for storage and/or final disposition and is specifically designed to enhance the maintenance of chain -of- custody information for evidence. It is also bar code capable. - Traffic Citations — Records all information regarding the violation being cited, the location of the offense, vehicle description, and the violator information. Interfaces with automated citation programs such as AutoCite ®. - Traffic Accident Module — Provides for the preparation and printout of the standard DPS accident reports within the CRIMES database. - Pawnshop — Maintains a record of all items being pawned within the jurisdiction to include the identification of the individuals pawning the items. - Formatted Retrieval Screens — Search for calls for service and incidents by event characteristic. - Advanced Search Module — Point and click retrieval of trend data, automatic graphing (bar graphs, pie charts, etc.) - Productivity Reporting Module — Automated tracking of call for service, offense, arrest rates. Linkage to deployment software. - Investigations Case Management — Provides the means to insure that each reported criminal case is tracted. This uses solvability factors to aid in assigning priority status and identifies case investigators along with tracking case progress. - UCR Reports — Generates the required UCR reports which must be submitted monthly to DPS. - Racial Profiling Module — At user's option, automatic compilation of required 1074 Reports from either independent entry or combination of Field Interview and Citation Modules. CRIMES LAW ENFORCEMENT SOFTWARE Alarm Permits and Billing — Provides a separate database for recording alarm permit information and interfaces with CRIMES database to identify excessive alarms and permit violations for the automated generation of violation invoices. Operational and Management Reports — Generates a set of reports within CRIMES to aid supervisors and administration in operational and management decision making. - Activity Trend Reports — Retrieves UCR index crime information and Call- for - Service data from the CRIMES database and generates graphical displays representing activity trends which are automatically included in a fully customizable PowerPoint presentation. - Security System — Security for the edit/delete functions, limiting access for all transactions. A timer limits edit to a user defined period, e.g., 24 hours, before password security is required. - Expunge — Removes the name of an individual from criminal records in accordance with the standard expungement court order. The CRIMES Mobile Component Module includes: - Field Reporting for mobile entry of incident reports. - Beat Information search routine for retrieval of recent beat activity. - Field Search of CAD, Incident, and Master Name File modules. - TLETS connectivity. CAD Call Screen Display for individual call information, user defined display of pending calls. Unit to Unit Messaging, broadcast capable. Equipment and Associated Software Licenses 7 LICENSEE is responsible for provision of Windows® capable computer server unit, switches, cabling, and workstations. LICENSEE will provide all software and licenses necessary for operation, including Microsoft® Server Standard Edition, Microsoft® SQL Server 2003 R2 and Access Licenses (for each'workstation), Windows® XP or Vista for each Workstation, and Microsoft® Office Professional (for each workstation). In addition, a Cisco VPN concentrator and software is required for TLETS connectivity to TCP/IP. For Mobile communications a wireless subscription (e.g., Verizon®) is required in addition to NetMotion® for constant connectivity and encryption. License Fee and Payment Schedule Subject to other provisions of this agreement, the total annual fee for system maintenance, and related services under this agreement shall be as follows: Core System Annual Fee with Mobile Component: $17,000.00 Annual Renewal Date: October 1 St of each year. CRIMES LAW ENFORCEMENT SOFTWARE Such annual fee is premised upon a Kennedale population of 6,547, U.S. Census Bureau Population Estimates (most recent). Such fee shall be prorated for the first year by the number of months from LICENSOR reserves the right to modify the amount of the annual fee with notice given at least six months prior to the October 1st renewal date. Provided, however, that if the LICENSEE affirmatively declares that it is an undue hardship to adjust the fee at such date, the adjustment will be deferred, without retroactivity, to the following October lst. Primary Contact The primary contact shall be: LICENSOR: Director: Larry T. Hoover, Ph.D. _(936) 294 -1636 Police Research Center -Box 2296 Sam Houston State University Huntsville, TX 77341 -2296 LICENSEE: Agenda Item No: VIII —d Summary: XTO Energy Company executed a series of gas leases over the past two years in and around Kennedale. A lease agreement was executed with the city in August 2006. XTO desires to alter the drilling boundaries yet stay within the total acreage permitted under the lease agreement. Recommendation: Authorize the City Manager to execute the amendment to the XTO lease agreement. CADocuments and Settings\ cbrown \mydocuments\sampfestaffreport City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Attn: Re: Amendment of D. Love Gas Unit Ladies and Gentlemen: Paragraph 7 of that certain Oil and Gas Lease (City of Kennedale Lease) dated August 8, 2006, a Memorandum of which was recorded under Instrument Number D206345307 of the Deed Records, Tarrant County Texas, by and between the City of Kennedale, Lessor and XTO Energy Inc., Lessee the Lease), provides that any unit for the production of oil or gas may not be amended without the written consent of Lessor. Accordingly, XTO Energy Inc., hereby request that you consent to the amendment of the D. Love Gas Unit, as formed in that certain Designation of Unit dated July 11, 2007, filed November 12, 2008, under Instrument Number D207243025 of the Deed Records, Tarrant County, Texas, to accommodate the change to paragraph No. 6 (d) of the Lease increasing the size of unit pooled for gas to not substantially exceed in area 450 acres, made by that Second Amendment of Oil and Gas Lease and Memorandum of Oil and Gas Lease, by and between City of Kennedale and XTO Energy Inc., effective as of August 8, 2006, the date of the Lease. Accordingly, if you consent to amending the D. Love Gas Unit as set forth above, please indicate by your consent in the space provided and return to undersigned. If you have any questions or comments, please advise. Very Truly Yours, XTO Energy Inc. Consented and Agreed to this Day of January 2008 CITY OF KENNEDALE LIN 91 MU -1 1= This plat does not., represent a boundary survey.. Acreages ehbwn hereon are dead called or calculated from deeds furnished by others. Monumentatlon shoWn hereon Was found, Surface Location ties are shown fromothe location surveyed 2/15/05. The Bearing Base Is "GRID ", N.A.D. 27' Datum, Tx. North Central Zone, Convergence; +00'08'38 ".S at the Surface Location, +00 ".5 fi> KIM ri S ice? Y A 1 �0 2 t�� D �ZII YI 121 L rFv m N X70 ENERGY INC. j HARRN LEASE Q CALLED 9285 ACRES D. LOVE UNIT 1H WFLI. 99 - CALLED 0.2740 ACRES 100 - CALLED 0.2740 ACRES LOIS MILLER SAMMY WESTERMAN 101 - CALLED 0.2740 ACRES DAVID HUGHES, at ux 102 - CALLED 0,2740 ACRES WILLIAM SANDERS 103 - CALLED 0.2740 ACRES H.G. LONG, at ux 104 - CALLED 0.3250 ACRES NORMA SHAFER 105 - CALLED 0.8470 ACRES RITA LOPEZ 406 - CALLED 0.2740 ACRES .MARY WALKER , 107 - CALLED 0.5480 ACRES DAVID PYLES, at ux 108 - CALLED 0.2740 ACRES JOHN CHAMBERS, at ux 109 - CALLED 0.2740 ACRES SARAH MURDOCK, at vlr 110 - CALLED 2.6450 ACRES DAVID W. GRIMES 111 - CALLED 4.6310 ACRES TIMOTHY JOHNSON, at ux 112 - CALLED 10.530 ACRES MARK NORRIS, at ux 113 - CALLED 6,39870 ACRES SIGNE EDWARDS 114 - CALLED 1,212 ACRES JAMES SMTH III 115 - CALLED 0.5510 ACRES JAMES DIETRICK, at ux 116 - CALLED 0.4130 ACRES JEFFREY GREGORY, at ux 117- CALLED 0,4130 ACRES MARK WRIGHT, at ux 118 - CALLED 0.2750 ACRES LARRY TREES, at of 119 - CALLED 0.550 ACRES MICHAEL SEATON, at ux 120 - CALLED 0.3B80 ACRES TOBY HAMPTON, at ux 121 - CALLED 0,3860 ACRES ROBERT AURINGER 122 - CALLED 0.3860 ACRES GEORGE DETHLOFF, at ux 123 - CALLED 0.3860 ACRES VERDIE HOPPER at al 124 - CALLED 17,789 ACRES DISCOVERY RANCH, INC 1 25 - CALLED 24.838 ACRES THE CITY OF KENNEDALE 341,1184 TOTAL CALLED ACRES IN UNIT k DRLG. UNIT SURFACE LOCATION D. LOVE UNIT IN WELL, IN THE JOEL. SNIDER SURVEY, A -1448 BEING 171' FROM THE NORTH UNE OF SAME ALSO BEING THE SOUTH UNE OF THE R.C. RICHEY SURVEY, A -1327, AND BEING 345' FROM THE WEST UNE OF THE JOEL SNIDER SURVEY, A -1327, SAME BEING THE EAST UNE OF THE JESSE B, RENFRO. A -1261, SAND POINT BONG 386' FROM THE SOUTHEAST UNIT CORNER, AND BEING 33V FROM THE EAST UNIT LINE PENETRATION POINT D. LOVE UNIT IN WT11, IN THE JESSE B. RENFRO SURVEY, A -1261 BEING 652' FROM THE SOUTH UNE OF SAME ALSO BEING THE NORTH UNE Of THE E.S. SNYDER SURVEY A -1415, AND BEING 432' FROM THE EAST UNE OF THE JESSE B. RENFRO SURVEY, A -1261, SAME BUNG THE WEST UNE OF THE R.C. RICHEY A -1327, SAID PONT BONG 40T FROM THE SOUTH UNIT UNE, SAN) POINT ALSO BEING 43W FROM THE EAST UNIT UNE. BOTTOM HOLE D. LOVE UNIT IN WELL. IN THE M.F. SCOTT SURVEY, A -1450 BONG 38W FROM THE NORTH LINE OF SAME ALSO BONG THE SOUTH UNE OF THE C.B. TEAGUE, A -1506, AND BONG 51V FROM THE FAST UNE OF THE M.F. SCOTT SURVEY, A -1450. SAME BEING THE WEST UNE OF THE C.B. TEAGUE A -1506, SAID POINT BONG 304' FROM THE NORTH UNIT LINE, SAID POINT ALSO BEING 505' FROM THE EAST UNIT UNE I' rw?Z,, r�tTfiZ I AM I l WELL L OCATIO N XTO ENERGY INC. 0. L OV E WELL A CR E J C T EK AS A-1445 C C. G. TEAGUE A -1506 1 - 2 - CALLED 3.167 ACRES CALLED 13.00 ACRES DENISE JEAN IUUKER JAMES F, MCKELVY, at of 3 - CALLED 0.5132 ACRES EDDIE R. FAIN, at of 4 - CALLED 3.9900 ACRES LINDA GAIL BRODIE, at al 5 - CALLED 3,00 ACRES HERBERT DAMS, at of 6 - CALLED 2,00 ACRES LONNIE RAY PAULS, at at 7 - CALLED 2.00 ACRES EDDIE R. FAIN, et Of 8 - CALLED 4.00 ACRES EVERETT LEE COBS, at al 9 - CALLED 2,00 ACRES EDWARD FLORES TALAMANTES, at al 10 - CALLED 3,7740 ACRES JAMES EARL VICTORY, at el 11 - CALLED 2.9920 ACRES HUNG NGUYEN, at of 12 - CALLED 1.0020 ACRES LARRY T. SMITH, at of 13 - CALLED 1,00 ACRE JACK DICKERSON, at of 14 - CALLED 1.0010 ACRES WILLIAM PIERCE, at ai 15 - CALLED 1.50 ACRES DOUGLAS EDWARD POWERS, at of 16 - CALLED 1.8330 ACRES GEORGE EVANS, at al 17 - CALLED 1,3330 ACRES SCOTT'PRATER, el of 18 - CALLED 4.3030 ACRES, JAMES RICHARD CHEEK, at al 19 - CALLED 2.93 ACRES STANLEY, JOE ALLEN, at ux 20 - CALLED 2,00 ACRES JOHN R. BURROWS, at ux . 21 - 22 - CALLED 2.40 ACRES CALLED 37 783 ACRES TOMMIE L GAY, at ux LINDA KATE GAY, at al 23 - CALLED 33.6860 ACRES GOSS 24 - CALLED 6.2350 ACRES R 25 - CALLED 1.00 ACRES W 26 - CALLED 20.00 ACRES S' 27 - CALLED 1J5 ACRE5 BI 28 - CALLED 3.1504 ACRES CI 29 - CALLED 6.55 ACRES W 30 - CALLED 3.8630 ACRES G' 31 - CALLED 0.76 ACRES W 32 - CALLED 6.23 ACRES G' 33 - CALLED 3.116 ACRES L, 34 - CALLED 1.69 ACRES Q 35 - CALLED 2.166 ACRES A 36 - CALLED 1,0320 ACRES P 37 - CALLED 2.364 ACRES LI 38 - CALLED 17.634 ACRES T 39 - CALLED 0.39 ACRES G 40 - CALLED 5.21 ACRES Ti 41 - CALLED 0.58 ACRES S 42 - CALLED-0.630 ACRES L 43 - CALLED 0.076 ACRES M 44 - CALLED 0.598 ACRES R 45 - CALLED 0.2471 ACRES R 46 - CALLED 2,0360 ACRES R 47 - CALLED 0.196 ACRES S 48 - CALLED 0.34 ACHES C 49 - CALLED 4.9229 ACRES R '50 - CALLED 1,04 ACRES M 51 - CALLED 0.172 ACRES J 52 - CALLED 1.27 ACRES 53 - CALLED 0.513 ACRES J 54 - GALLED 0.842 ACRES 55 - CALLED 7,83 ACRES 56 - CALLED 1.00 ACRE 57 - CALLED 1,00 ACRE 58 - CALLED 1.2 88 ACRES 59 - CALLED 1.00 ACRE 60 - CALLED 2.5171 ACRES 61 - CALLED 0.44B ACRES 82 - CALLED 2.13 ACRES 63 - CALLED 2.080 ACRES 64 - CALLED 0.273 ACRES 65 - CALLED 0.3660 ACRES 66 - CALLED 0.218O.ACRES 57 - CALLED 0.4460 ACRES 68 - CALLED 0.3930 ACRES 69 - CALLED 0.4590 ACRES 70 - CALLED 4.4450 ACRES 71 - CALLED 1,6720 ACRES 72 - CALLED 0.2150 ACRES 73 - CALLED 0.2150 ACRES 74 - CALLED 0.2150 ACRES 75 - CALLED 0.2150 ACRES 76 - CALLED 0.430 ACRES 77 - CALLED 0.232 ACRES 78 - CALLED 0.2070 ACRES 79 - CALLED 0.2070 ACRES SO - CALLED 0.2070 ACRES 81 - CALLED 0.2070 ACRES 62 - CALLED 0.420 ACRES 83 - CALLED 0.2890 ACRES 84 - CALLED 0.3390 ACRES 85 - CALLED 0.3860 ACRES 88 - CALLED 0.4810 ACRES 87 - CALLED 0.7680 ACRES 88 - CALLED 0.4680 ACRES 69 - CALLED 1.292 ACRES 90 - CALLED 0.2980 ACRES 91 - CALLED 0.2970 ACRES 92 - CALLED 0.2980 ACRES 93 - CALLED 0.2960 ACRES 94 - CALLED 0.2980 ACRES 95 - CALLED 0.2980 ACRES 96 - CALLED 0.5970 ACRES 97 - CALLED 0.2740 ACRES 98 - CALLED 0.2740 ACRES )NAL AMERICAS, INC., at al )NO, at ux 15 TUCKER at al OY LOVE at al at ux EASTON, at ux RS, at ux ILLS, at Of ASSEY at ux STEPHIbSS ux NEDALE, at a) TALCABA, at ux HITE (RES DEVELOPMENT CO. I, LP IATINO, at ux RELL, at Ux STERLING ITH, at ux TILLER, at ux ITI'LE, at al JOHNSON, at of DELOACH, at of ANDERSON. at al EFFREY BIGGS. at ux HASKELL WADE JR., at of AMES STOVALL LAURIE RUTTER MICHAEL COWAN ' JOHN MATIHYS, at ux ALAN PHILLIPS, at ux ROBERT CHASTEEN, at ux RUBY ANN WHITLOCK LYNN SANBERG, at ux WINDELL SANDERS WNTERS FAMILY INVESTMENT LP MICHAEL BRINLEE JUANITA SMITH CLYDE BARBER JR. BILLY BURKS JR., at ux ROBERT WOOTEN, at ux JAMES POPE CLARENCE WALDROP, at ux BILLY BURKS SR., at ux JOHN GREGORY VERLIN ARTIER JR., at ux DAVID DESMIDT WILLIAM FRANKLIN TVA BROWN RANDALL BAZEMORE JULIUS BRATTON at ux DAVID BERGEN JOSEPH TIDWELL. at ux CHRISTOPHEgg SHELTON, at ux FREDERICK ADRAM, ett ux JUAN CAJERO, at ux THOMAS FOSTER, at ux CLINTON BATCHELOR, at ux ERIC IRWIN CHARLES ASHBY JR., at ux KIRK LOPEMAN, at ux JOYCE WALDROP, of of ROGER HALE, at ux BARBARA MCKELROY VIr RAYMOND PICARD, at ux MARGARET HENSLEY CHRISTOPHER DOVE LEAH HASTY B.G. SCOTL a married man DSSP BILLIE SCOTT, at ux 1000 500 0 1000 2000 1" = 1000' R . C. RICHEY A -1327 " °rr DRYHNO DIRECRAW Ir,I FROM INC INTERSECRAV OF 1 -20 k MAAPE O HIGHWAY (BUISNESS 287) GO SWFHIfESEERLY OV MANSFE7LD HIGHWAY TO NEW HOPE ROAD, 00 SWDI ON NEW HAP£ ROAD APPROX.. 15 Alit" LEASE ROAD IS APPROX 200' FROM INIERS£CRON OF NEW HOPE ROAD h HUDSON ULLIGE CREEK ROAD. .TYLER, TEXAS PH: 905-534-9000 1, Dennis MKolker„ Reglstomd Professlonal Land Surtoyir dothareby state /at rrom 1�r•OF••rF •, 1' Mot thls plot was prepared fim a part survey and pub/10 record �.• V9Tf y A fp'm Information and /s true and correct to the best of my knowledge. t4• * GVWV UNDER MY HAND AND SEAL, this the 14th day of FebruovX, 2007, 060 H, WALKER 4t Dennis H. IKalksr Registered Prolosslonol Land Sbrw or ' MAD. 27 DATUM 7E761S NOP7H CENYRAL ZOVE °° SURF CE L0CA770V O. LOW UNIT IH HELL N. 349668.55 E,• 2084971.79 LAr.. 323739;05 LOVa: 977J26 +° ppyEIRARO4 PO'Nr D. LOl£ UNIT 1N Adi °° N,' J499245 E,' 206419200 LAr,: 32;7741 L04NR: 977J'J5' 49 60TnW HOLE LOCAROV D. LOW UNIT 1H HELL 11 N: 35411000 El 2084117.00 LAT: J21782J ",02 LONG-' 970 Surface Location Is located 1.1 Mlles Southeast of KENNEDALE "MANSFEILD" Quadrangle NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. OIL AND GAS LEASE (City of Kennedale Lease) This Oil and Gas Lease (this "Lease ") is made on this Vday of u i , 2006, between the City of Kennedale, Texas (hereafter called "Lessor," whether one or more), whose address is 405 Municipal Drive, Kennedale, Texas 76060 and XTO. Energy, Inc. (hereafter called "Lessee "), whose address is 9.0 WousAzAS(. , ( collectively, hereafter called the "Parties "). - voic z 1. Grant. In consideration for good and other valuable consideration, Lessor grants and leases exclusively unto Lessee Lessor's interest in the tract of land in Tarrant County, Texas, more particularly described in attached Exhibit "A" (the "Land "), for the sole purpose of drilling and producing oil and gas, laying pipelines and building roads and tanks thereon to produce, save, treat, process, store, and transport oil and gas and other products manufactured from oil and gas produced from the Land. 2. Primary Term. This Lease is for a term of two (2) years from this date (called "Primary Term ") and so long thereafter as oil or gas is produced from the Land in paying quantities. 3. Minerals Covered. This Lease covers only oil and gas, including other liquid and gaseous hydrocarbons, as well as such other minerals or substances as may be produced incidental to and as a part of or mixed with oil, gas and other liquid or gaseous hydrocarbons, produced through the borehole only, but this Lease does not cover sand, gravel, uranium, fissionable materials, coal, lignite or any hard minerals or substances of any type which shall be produced from the Land separate and apart from, or independently of, oil, gas or other liquid and gaseous hydrocarbons. 4. Royalty. (a) As royalties, Lessee agrees: (1) To deliver free of cost to Lessor at the wells or to the credit of Lessor at the pipeline to which the wells may be connected, 25% (the "Royalty Fraction ") of all oil and other liquid hydrocarbons produced and saved from the Land. At Lessor's option, which may be exercised from time to time, Lessee shall pay to Lessor the same part of the market value at the well of oil and other liquid hydrocarbons of like grade and gravity prevailing on the day the oil and other hydrocarbons are run from the Lease in the general area in which the Land is located. (2) To pay to Lessor: ($4,511.00 Bonus) Page 1 of 15 (i) On gas produced from the Land and sold by Lessee or used on or off the Land and to which the following subparagraphs (ii) and (iii) do not apply, the Royalty Fraction of the market value at the point of sale, use, or other disposition. (ii) On gas produced from the Land that is processed in a processing plant in which Lessee or an affiliate of Lessee has a direct or indirect interest, the higher of the Royalty Fraction of the market value of the gas at the inlet to the processing plant, or the Royalty Fraction of the market value of all processed liquids saved from the gas at the plant plus the Royalty Fraction of the market value of all residue gas at the point of sale, use, or other disposition. (iii) On gas produced from the Land that is processed in facilities other than a processing plant in which Lessee or an affiliate of Lessee has a direct or indirect interest, the Royalty Fraction of the market value at the plant of all processed liquids credited to the account of Lessee and attributable to the gas plus the Royalty Fraction of the market value of all residue gas at the point of sale, use, or other disposition. (b) The market value of gas will be determined at the specified location by reference to the gross heating value (measured in British thermal units) and quality of the gas. The market value used in the calculation of oil and gas royalty will never be less than the total proceeds received by Lessee in connection with the sale, use, or other disposition the oil or gas produced or sold. For purposes of this paragraph, if Lessee receives from a purchaser of oil or gas any reimbursement for all or any part of severance or production taxes, or if Lessee realizes proceeds of production after deduction for any expense of production, gathering, dehydration, separation, compression, transportation, treatment, processing, storage, or marketing, then the reimbursement or the deductions will be added to the total proceeds received by Lessee. Royalty will be payable on oil and gas produced from the Land and consumed by Lessee on the Land for compression, dehydration, fuel, or other use. (c) If gas produced from the Land is sold by Lessee pursuant to an arms - length contract with a purchaser that is not an affiliate of Lessee, and for a term no longer than that which is usual and customary in the industry at the time the contract is made, then the market value of the gas sold pursuant to the contract shall be the total proceeds received by Lessee in the sale, subject to the provisions of paragraph 4(b) above. (d) Lessor's royalty will never bear, either directly or indirectly, any part of the costs or expenses of production, separation, gathering, dehydration, compression, transportation, trucking, processing, treatment, storage, or marketing of the oil or gas produced from the Land or any part of the costs of construction, operation, or depreciation of any plant or other facilities or equipment used in the handling of oil or gas. (e) Lessor shall be paid the Royalty Fraction of all payments and other benefits made under any oil or gas sales contract or other arrangement, including take -or -pay payments and payments received in settlement of disputes; provided that if Lessor receives a take -or -pay payment or similar payment for gas that has not been produced, and if the gas is ($4,511.00 Bonus) Page 2 of 15 subsequently produced, Lessor will only receive its Royalty Fraction of any payments made for make -up gas taken pursuant to the take or -pay provision or similar provision. (f) Lessee must disburse or cause to be disbursed to Lessor its royalty on production from a particular well not later than 90 days after completion of the well, in the case of an oil well, or after the pipeline connection, in the case of a gas well. Thereafter, Lessee must disburse or cause to be disbursed to Lessor its royalty on production by the last day of the second month after the month of production. If not paid when due, Lessor's royalty will bear interest at the maximum lawful rate from due date until paid, which amount Lessee agrees to pay. Acceptance by Lessor of royalties that are past due will not act as a waiver or estoppel of its right to receive interest due thereon unless Lessor expressly so provides in writing signed by Lessor. The royalty payment obligations under this Lease shall not be affected by any division order or the provisions of the Section 91.402 of the Texas Natural Resources Code or any similar statute. (g) As used in this Lease, "affiliate" means (i) a corporation, joint venture, partnership, or other entity that owns more than ten percent of the outstanding voting interest of Lessee or in which Lessee owns more than ten percent of the outstanding voting interest; or (ii) a corporation, joint venture, partnership, or other entity in which, together with Lessee, more than ten percent of the outstanding voting interests of both Lessee and the other corporation, joint venture, partnership, or other entity is owned or controlled by the same persons or group of persons. (h) The receipt by Lessee from a purchaser or a pipeline company of proceeds of production for distribution to Lessor will not result in Lessee acquiring legal or equitable title to those proceeds, but Lessee will at all time hold the proceeds in trust for the benefit of Lessor. Notwithstanding the insolvency, bankruptcy, or other business failure of a purchaser of production from the Land or pipeline company transporting production from the Land, Lessee will remain liable for payment to Lessor for, and agrees to pay Lessor all royalties due Lessor together with interest if not timely paid. 5. Shut -in Royalty. While there is a gas well on this Lease or on acreage pooled therewith capable of producing gas in paying quantities, but gas is not being sold, Lessee shall pay or tender in advance an annual shut -in royalty equal to One Hundred Dollars ($100.00) per acre for each well from which gas is not being sold. Payment with respect to a well will be due within 60 days after the well is shut -in. While shut -in royalty payments are timely and properly paid, this Lease will be held as a producing lease. The right of Lessee to maintain this Lease in force by payment of shut -in gas royalty is limited to the period of two years that immediately follow the expiration of the Primary Term. The obligation of Lessee to pay shut -in royalty is a condition and not a covenant. The payment or tender of royalty under this paragraph may be made by the check of Lessee mailed or delivered to the parties entitled thereto on or before the due date. 6. Continuous Drilling. (a) If, at the expiration of the Primary Term, oil or gas is not being produced from the Land, but Lessee has commenced the drilling of a well on the Land, the Lease will not terminate but will remain in effect for so long thereafter as operations are ($4,511.00 Bonus) Page 3 of 15 carried out with due diligence with no cessation of more than 60 days, and if the operations result in the production of oil or gas, the Lease shall remain in force as otherwise provided herein. For the purposes of this Lease, the term "operations" is strictly defined as the period of time the well is spudded with appropriate equipment on site to drill to the depth indicated on the drilling permit to the time the drilling rig is released from the drill site. (b) If this Lease is maintained beyond the expiration of the Primary Term by production or otherwise, it will remain in force as to all acreage and depths as long as there is no lapse of more than two years between the completion of one well and the commencement of the actual drilling of another well. The commencement of actual drilling means the penetration of the surface with a drilling rig capable of drilling to the anticipated total depth of the well. After a well is commenced, drilling operations must continue in a good and workmanlike manner in a good faith effort to reach the anticipated total depth with no cessation of operations for more than 60 consecutive days. A well will be deemed to have been completed on the date of completion as shown on the completion report filed with the Railroad Commission of Texas, or 90 days after the release of the drilling rig, if sooner. The permitted time between wells shall be cumulative so that if a well is commenced prior to the date it is required to be commenced; the number of days prior to the date on which the well should have been commenced shall be added to the time permitted for the next well. (c) If at any time the maximum time for the commencement of the actual drilling of a well expires without the commencement of the well, or upon the expiration of the Primary Term if the Lease is not maintained by continuous drilling, this Lease will terminate except as to the Retained Tract (defined below) surrounding any well that is then producing in paying quantities or deemed to be producing in paying quantities by virtue of payment of shut -in royalties, and as to each Retained Tract, the Lease will then terminate as to all depths below the stratigraphic equivalent of the base of the deepest producing formation on the Retained Tract. The Lease will be treated as a separate lease with respect to each Retained Tract and will continue so long as production in paying quantities continues from the tract. If production from a Retained Tract ceases from any cause, this Lease will terminate as to that tract unless Lessee commences operations for drilling or reworking on the tract within 60 days after the cessation of production, in which case the Lease as to that tract will continue in force as long as the operations are prosecuted with no cessation of more than 60 consecutive days, and if they result in production, so long thereafter as there is production from the tract. (d) As used in this Lease, the term "horizontal well" means a well that meets the definition of a "horizontal drainhole well" under Statewide Rule 86 of the Railroad Commission of Texas, and a "vertical well" is a well that is not a horizontal well. The land assigned to a well for the purposes of this Paragraph is referred to as a "Retained Tract." A Retained Tract for a well may not exceed the minimum size required to obtain a drilling permit under the well density rules adopted by the Railroad Commission of Texas for the field, or if there are no field rules that apply, the Retained Tract shall be limited to the smallest size required to obtain a drilling permit under the statewide well density rules of the Railroad Commission of Texas. A Retained Tract for a vertical well producing from the Barnett Shale formation may not exceed 40 acres. If field rules are established later that permit obtaining a drilling permit with less acreage, a Retained ($4,511.00 Bonus) Page 4 of 15 Tract for a vertical well may not exceed the minimum size permitted. A Retained Tract for a horizontal well may include the minimum acreage specified above for a vertical well plus the additional acreage listed in the tables in Rule 86 and must comply with the requirements of Rule 86 for minimum permitted well density, and if the well is producing from the Barnett Shale formation, the acreage of the Retained Tract shall be assigned as if well density for vertical wells is 40 acres or less. Lessor and Lessee must agree upon the shape of the Retained Tracks with the intent that each will be a compact, regular shape that will provide Lessor with the maximum acreage available for oil and gas development. Subject to the preceding sentence, Lessor's approval of the shape of Retained Tracks shall not be unreasonably withheld. (e) Within 60 days after the last to occur of the expiration of the Primary Term or the continuous drilling program, Lessee must file in the county records and a document designating each Retained Tract by metes and bounds and the retained depths thereunder, and releasing all other depths and acreage. A gas well that becomes an oil well will hold only the acreage permitted for an oil well, and Lessee must file a redesignation of the Retained Tract in the Real Property Records of the county where the Land is located. If Lessee fails to file timely a document required by this paragraph after Lessor has provided 30 days prior written notice, then Lessor may do so, and the filing will bind Lessee. 7. Pooling. Lessee may pool the Land with contiguous acreage to form pooled units for the production of oil or gas. The acreage in a pooled unit may not exceed the amount that would be permitted for a Retained Tract composed of acreage lying entirely within the Land. The unit will become effective when Lessee files in the Real Property Records where the Land is located a document describing the pooled acreage and depths for the pooled unit, and Lessee shall make a copy of the document available to Lessor. Lessee may at its election exercise its pooling option before or after commencing operations. Operations for drilling on or production of oil or gas from any part of a pooled unit that includes land covered by this Lease shall be considered as operations on or production of oil or gas from the portion of the Land included in the pooled unit. That part of the Land included in a pooled unit will be considered to be a Retained Tract, and the provisions of this Lease that provide for termination of the Lease insofar as the Lease covers depths below the base of the deepest producing formation and other provi- sions relating to Retained Tracts shall apply. There shall be allocated to the Land included in the unit that prorated portion of the oil and gas, or either of them, produced from the pooled unit that the number of surface acres of the Land included in the unit bears to the total number of surface acres included in the unit. Royalties shall be computed on the portion of production allocated to the Land. Any unit formed may not be amended without the written consent of Lessor. No part of the Land may be included in a pooled unit unless all of the land that is not in a Retained Tract for a producing well is included in the unit. 8. Offset Wells. Lessee must completely protect the oil and gas in and under the Land, or such portions thereof as may be in force and effect from time to time, from drainage by wells on adjoining or adjacent lands or leases. Lessee must drill as many wells as are necessary and to the depth or depths necessary for complete protection against drainage from said adjacent land or leases. Lessee is obligated to protect the Land from drainage by wells drilled on other lands of Lessor to the same extent as though such draining wells were drilled on lands belonging ($4,511.00 Bonus) Page 5 of 15 to third parties. Neither the royalties nor shut-in gas well rentals paid or to be paid hereunder may relieve Lessee from the obligations herein expressed, nor shall the provisions of this Paragraph relieve Lessee of any implied duties or obligations arising under this Lease. Notwithstanding the foregoing, but not limiting the foregoing, in the event a well producing oil or gas in paying quantities is now or hereafter completed within 330 feet of or draining the Land, Lessee must, within ninety (90) days after the later of the commencement of production from such well or the effective date hereof, commence the drilling or recompletion of a well on the Land and shall make a good faith effort to establish commercial production in the sand or horizon from which the offset well is producing. If at the time the offset obligation accrues a well on contiguous acreage pooled with the Land can be demonstrated to a reasonable person to be completely protecting the Land then no offset well obligation will be due. If at the time such offset obligation accrues, Lessee is engaged in the drilling of another well on contiguous acreage pooled with the Land, then Lessee has not more than one hundred twenty (120) days after the date of completion of such other well drilled by Lessee within which to commence the drilling of the well to protect against the offset well. 9. Secondary Recovery. Lessee will not implement any repressuring, pressure maintenance, recycling, or secondary recovery operations without the prior written consent of Lessor. 10. Surface Operations. (a) The Land is currently used for municipal purposes and notwithstanding anything to the contrary contained in this Lease no oil, gas or other drilling, production or transportation operations of any kind, including but not limited to the drilling, placement, or casing of any well, meter, pipeline, road or other structure shall take place or be situated upon the subject Land. No seismic operations shall be conducted upon the Land whatsoever without express written consent of Lessor. Lessee shall not be permitted any use of the surface lands for any purpose without the written consent of Lessor and Lessee shall have no rights to ingress and egress upon the surface of the leased premises. (b) Lessee shall not have the privilege of using surface water from the Land. Water from Lessor's creeks, tanks, or wells may not be used by Lessee. If Lessor consents to the drilling of a water well by Lessee, Lessor shall have free use of water produced from the well at all times the well is not being used by Lessee. When the water well is no longer being used by Lessee, it shall tender the well and all related equipment to Lessor, free of cost. 11. Assignments. No assignment of this Lease may be made unless the successor operator posts and maintains an acceptable performance bond with and for the benefit of Lessor which guarantees the performance of all plugging (in like amount and as comparable to that accepted by the Railroad Commission for wells of like depth) and restoration obligations hereunder. Lessor's consent shall not be unreasonably withheld; provided, however, consent to any assignment shall not constitute consent to any other assignment. Any assignment made without Lessor's consent shall be void and shall constitute a material breach of this lease. Lessee must furnish Lessor a copy of any assignment made pursuant to this Paragraph, with the recording data reflected thereon. Assignment of this lease or any part thereof shall not relieve ($4,511.00 Bonus) Page 6 of 15 Lessee, its assignees or any successor of any obligations hereunder theretofore accrued; and any assignee of Lessee must, by acceptance of such assignment, be bound by all terms and provisions hereof. The term "assignment," as used herein, must include, without limitation, any assignment, sublease, farmout, operating agreement, pooling agreement, unitization agreement, assignment, or any other agreement by which any share of the operating rights granted by this lease are assigned or succeeded to, or agreed to be assigned or succeeded to, to any other party. The provisions hereof shall extend to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. No changes or division in the ownership of the land, rentals or royalties shall be binding upon Lessee for any purpose until Lessee has been furnished with the instrument or instruments, or copies thereof, constituting the chain of title from the original Lessors. 12. Force Majeure. If, while this lease is in force, at or after the expiration of the primary term, Lessee's drilling operations are delayed by reason of Lessee's inability to obtain fuel for operations or prohibition from entering the Land, then all provisions contained herein providing for the termination of this lease, in whole or in part, upon cessation of continuous drilling operations shall be extended until thirty (30) days after the removal of such delaying cause; provided, however, that Lessee must give written notice to Lessor of the existence and cause of such delay within fifteen (15) days thereafter. Other than the foregoing, no force majeure type provision is applicable to this lease. This Lease and any obligation hereunder may not be extended by more than two years in the cumulative by reason of Force Majeure. 13. No Warranties. Lessor makes no warranty of any kind with respect to title to the Land. By acceptance of this Lease, Lessee acknowledges that it has been given full opportunity to investigate and has conducted sufficient investigation to satisfy itself as to the title to the Land, and Lessee assumes all risk of title failures. If Lessor owns an interest in the Land less than the entire fee simple estate, then the royalties payable hereunder will be reduced proportionately. 14. Curing Defaults. Should Lessee at any time fail to comply with its obligations hereunder regarding construction, maintenance, or repair within 30 days after written notice from Lessor, Lessor will have the right to do -or have done whatever is necessary to fulfill the obligations to its satisfaction, and Lessee shall be liable to Lessor for the reasonable and necessary expenses thus incurred by Lessor, to be paid within ten days after Lessor furnishes to Lessee an itemized written statement of the expenses. 15. Notices. All notices will be deemed given and reports will be deemed delivered if sent by certified letter, return receipt requested, properly addressed and deposited in the United States Postal Service, postage prepaid, to Lessor and Lessee at the addresses shown for each party. Any party may designate a new address by proper notice to the other party or parties. 16. Attorney's Fees and Costs. In the event that Lessor is required to employ legal counsel for the enforcement of any provision of this Lease and prevails, Lessor will be entitled to recover from Lessee reasonable attorney's fees and expenses incurred by Lessor. ($4,511.00 Bonus) Page 7 of 15 17. Insurance. At all times while this Lease is in force, Lessee shall acquire and maintain insurance covering all of its operations on the Land, including any work performed on its behalf by contractors, subcontractors, and others. The policies shall include coverage for comprehensive general liability, for bodily injury and property damage, blowout and loss of well coverage, and coverage for any damage to the environment, including coverage for the cost of clean up and surface remediation. The coverage shall be in the minimum amount of $5,000,000. 18. Indemnity. Lessee herein shall be solely responsible for full compliance with all rules and regulations of the Railroad Commission of Texas, or any other governmental agency, in all of its operation on the Land and especially including the proper plugging of any well that is to be abandoned on the Land, and does hereby indemnify and agree to hold Lessor harmless against any such rules and regulations. LESSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS HEREINAFTER DEFINED) FROM ANY AND ALL LIABILITY, LIENS, DEMAND, JUDGMENTS, SUITS AND CLAIMS OF ANY KIND OR CHARACTER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO ANY OPERATION OR ACTIVITY CONDUCTED BY LESSEE, OR ITS AGENTS, CONTRACTORS, EMPLOYEES, LICENSEES OR INVITEES, ON OR UNDER THE LAND INCLUDING BUT NOT LIMITED TO CLAIMS FOR INJURY OR DEATH OF ANY PERSONS OR DAMAGE, LOSS OR DESTRUCTION OF ANY PROPERTY, REAL OR PERSONAL, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. LESSEE FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS BROUGHT AGAINST ANY OF THE INDEMNIFIED PARTIES ON ACCOUNT OF SAID CLAIMS AND TO PAY ANY JUDGMENTS AGAINST ANY OR ALL OF THE INDEMNIFIED PARTIES RESULTING FROM ANY SUCH SUIT OR SUITS, TOGETHER WITH ALL COSTS AND EXPENSES RELATIVE TO ANY SUCH CLAIMS, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES. EACH OF THE INDEMNIFIED PARTIES SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUIT OR CLAIM IN WHICH THEY (OR ANY OF THEM) MAY BE A PARTY WITHOUT RELIEVING LESSEE OF ITS OBLIGATIONS HEREUNDER. THE FOREGOING INDEMNITY AND ALL OTHER INDEMNITIES OF LESSEE CONTAINED IN THIS LEASE SHALL SURVIVE ANY TERMINATION OF THIS LEASE AND SHALL INURE TO THE BENEFIT OF LESSOR AND EACH OF THE INDEMNIFIED PARTIES. AS USED IN THIS LEASE, THE TERM "INDEMNIFIED PARTIES" REFERS TO LESSOR AND ANY AND ALL OFFICERS, EMPLOYEES, AGENTS, TENANTS, AND INVITEES OF LESSOR. 19. Miscellaneous Provisions. (a) In the event this Lease expires for any reason as to all or any part of the Land, Lessee shall, within 60 days thereafter, furnish Lessor with a written, recordable release covering all of the Land or that portion of the Land to be released. (b) Nothing in this Lease negates the usual implied covenants imposed upon Lessee. ($4,511.00 Bonus) Page 8 of 15 (c) Lessee will conduct all operations hereunder in compliance with the rules of the Railroad Commission of Texas and federal and state environmental laws and regulations. Upon written request by Lessor, Lessee will give Lessor at least ten days prior notice in writing before conducting drilling, recompletion, or reworking operations on acreage pooled with the Land. Upon written request by Lessor, Lessee shall furnish to Lessor copies of applications to drill, daily drilling reports, well tests, completion reports, plugging records, and production reports. Lessor has the right, personally or by representative, at Lessor's risk, of access to the derrick floor to observe all operations on all wells drilled on acreage pooled with the Land. Lessor will have the right to inspect and take samples of all cores and cuttings and witness the taking of all logs and drill stem tests. Lessee will divulge to Lessor correct information as requested by Lessor as to each well, the production therefrom, and such technical information as Lessee may acquire. Lessor has the ' right to be present when wells or tanks are gauged and production metered and has the right to examine all run tickets and to have full information as to production and runs and to receive copies of all run tickets upon request. (d) The term "production" means production in paying quantities. No obligation of Lessee to pay money under this Lease will be excused or delayed by reason of Force Majeure. Lessee's obligations to pay money under this Lease are to be performed in Tarrant County, Texas. Paragraph headings are used in this Lease for convenience only and are not to be considered in the interpretation or construction of this Lease. The execution or ratification by Lessor of any division order, gas contract, or any other document will not alter any provision of this Lease unless the intent to do so is expressly stated in the document. Under no circumstances may Lessee, its agents, employees, or contractors bring firearms or dogs or other animals on the Land or hunt or fish on the Land. Upon written request by Lessor, Lessee agrees to furnish to Lessor a copy of each title opinion or report obtained by Lessee that covers all or any part of the Land together with a copy of each title curative document obtained by Lessee. (e) Lessor shall have the right to inspect all records of Lessee relating to this Lease, operations conducted on the Lease, the sale and marketing of production from the Lease, and the payment of royalties, including the right to audit Lessee's books insofar as they relate to the foregoing. (f) No seismic or other geophysical operations may be conducted by Lessee without Lessor's prior written approval. (g) This Lease is binding upon and for the benefit of Lessor, Lessee, and their respective heirs, personal representatives, successors, and assigns. (h) Upon 30 days' notice, Lessor shall have the right, no more often than once each calendar year, to call a meeting with Lessee and /or its permitted assigns to review Lessee's operations on the Land and to discuss Lessee's and /or its permitted assigns then anticipated operations on the Land or acreage pooled therewith for the succeeding year. (i) Lessee covenants and agrees to comply with the minimum rules and regulations of the City of Kennedale, including, but not limited to, Section 17 -426 "Oil and Gas" ($4,511.00 Bonus) Page 9 of 15 of the Zoning Ordinance of the City of Kennedale, Texas (collectively the "Regulations "). In addition, Lessee acknowledges and agrees that this Lease does not constitute, and shall not contractually obligate the City Council or the Zoning Board of Adjustment of the City of Kennedale to grant a waiver or approval of any requirements set forth is the Regulations. 0) Lessee agrees to abide by the terms and conditions of Lessee's bid for the right to lease the Land, as set forth in Exhibit "B" hereto, as if such terms and conditions were copied verbatim herein. 20. Environmental Protection Provisions. Lessee represents, warrants, and covenants that, at all times during its possession of the Land or of any easements or areas retained under this lease: (1) The Land must never be used by Lessee for the generation, storage, or disposal of Hazardous Substances or as a landfill or other waste disposal site. (2) There must be no underground fuel storage tanks on the Land. (3) None of the equipment owned or used by Lessee on the Land may contain any polychlorinated biphenyls. (4) No Hazardous Substances or wastes exist in, on, or under the Land as a result of Lessee's operations to the best of Lessee's knowledge. (5) The Land is in full compliance with all Applicable Laws, as defined below, to the best of Lessee's knowledge. (6) There are no actions, suits, claims, or proceedings seeking money damages, injunctive relief, remedial action, or other remedy pending or threatened relating to (a) a violation or noncompliance with any Applicable Laws; (b) the disposal, discharge, or release of Hazardous Substances; or (c) exposure to Hazardous Substances or any other solid wastes, pollutants, chemical substances, noises, or vibrations to the extent the same will arise from any condition related to Lessee's ownership or use of the Land. (7) All necessary plans for development, applications, inspection reports, certificates, and other instruments required under any Applicable Law to be filed by Lessee in connection with the conduct of Lessee's use of the Land have been filed with the appropriate federal, state, and local governmental bodies, authorities, and agencies, and all permits, licenses, or other authorizations necessary for the lawful conduct of Lessee's use of the Land in compliance with all Applicable Laws have been obtained. ($4,511.00 Bonus) Page 10 of 15 (8) If violations of Applicable Laws with respect to the Land or Lessee's operations on the Land are found to exist, Lessor shall have the right and authority to notify any relevant public or governmental agency of the existence of such violations of Applicable Laws. (9) Lessee will not engage in and will not permit any other party to engage in any activity on the Land which would cause the Land to become a hazardous waste treatment, storage, or disposal facility within the meaning of, or otherwise bring the Land within the ambit of, the Resource Conservation and Recovery Act of 1976, as amended, or any similar state law or local ordinance or other environmental law. (10) Except for Hazardous Substances originating from the subsurface of the Land (e.g. H2S, naturally occurring radioactive materials, and CO2), Lessee will not engage in and will not permit any other party to engage in any activity on the Land which would cause a release or threatened release of a Hazardous Substance from or to the Land within the meaning of, or otherwise bring the Land within the ambit of, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (11) Lessee will not engage in and will not permit any other party to engage in any activity on the Land which would cause the discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act or the Clean Air Act, or any similar state law or local ordinance or any other environmental law. (12) Lessee will not permit any substance or conditions in or on the Land which might support a claim or cause of action under RCRA, CERCLA, or any other federal, state or local environmental statute, regulation, ordinance or other environmental regulatory requirement. (13) If Lessee determines that a threat to the environment, including but not limited to a release, discharge, spill, or deposit of a hazardous substance has occurred or is occurring which affects or threatens to affect the Land, or persons, structures, equipment, or other property adjacent thereto, Lessee must immediately verbally notify: (I) Lessee, and (2) all emergency response centers and environmental or regulatory agencies, as required by law or regulation. Lessee must provide the City Manager of the City of Kennedale with written confirmation of the verbal report within 72 hours. Lessee agrees to cooperate fully with Lessee in promptly responding to, reporting, and remedying a threat to the environment, including the drainage systems, soils, groundwater, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. ($4,511.00 Bonus) Page 11 of 15 "Applicable Laws" shall mean and include any and all existing or future laws, statutes, rules, regulations, and judicial interpretations thereof of the United States, of any state in which the Land, or any portion thereof, is located, and of any other governmental or quasi - governmental authority having jurisdiction, that relate to the prevention, abatement, and/or elimination of pollution and /or protection of the environment, including, but not limited to, the federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation or Recovery Act, the Clean Water Act, the Safe Drinking Water Act, the Toxic Substances Control Act, and the Hazardous Materials Transportation Act, together with all state statutes serving any similar or related purpose. "Hazardous Substance" shall mean any substance regulated or covered by an Applicable Law except those necessary for oil and gas operations, which are subsequently removed from the Land within a reasonable period of time after necessary use in oil and gas operations. 21. Binding on Successors and Assigns. This Lease shall be binding on the parties hereto and their successors, assigns, heirs and legal representatives. Lessor represents and warrants that this Lease and Exhibits thereto have been approved and duly adopted by the City Council of the City of Kennedale, Texas in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Lease with the attached Exhibits on behalf of Lessor has been authorized to do so. Lessee represents and warrants that this Lease and Exhibits thereto have been approved by appropriate action of Lessee and that the individual executing this Agreement on behalf of Lessee has been authorized to do so. Executed on the date first written above. LESSOR: CITY OF KENNEDALE By: May Bryan Lankhorst THE STATE OF TEXAS COUNTY OF TARRANT This document was acknowledged before me on �� /® 2006, by 6 P-YAM L,4,v LzEb ($4,511.00 Bonus) Page 12 of 15 p �a M Mi A � ION �J{ MV C Notary blic, State of Texas ($4,511.00 Bonus) Page 13 of 15 LESSEE: XTO Energy, Inc. Eli THE STATE OF TEXAS COUNTY OF TARRANT This document was acknowledged on behalf of said before me on 2006, by r , 2 e& Notary & A ublic, State of Texas �, CARLA J. OANIELS` 1daf�ry �edal{o STATE ®F TEXAS 0 Cc . S"p. 0 114107 ($4,511.00 Bonus) Page 14 of 15 EXHIBIT "A" PROPERTY DESCRIPTION 24.838 acres, more of less, and being a part of the C.B. Teague Survey, Abstract No. 1506, and the J.B. Renfro Survey, Abstract No. 1260, and Blocks 89 and 90 of the Town of Kennedale, situated in the Southeast part of Tarrant County, Texas; and embracing the tract described in the deed to The Fort Worth National Bank, Trustee, recorded in Volume 5369, Page 787, of the Tarrant County Deed Records, described by metes and bounds as follows: BEGINNING at a 7/8 inch iron in the South line of said Teague Survey 805 feet East of its most Westerly Southwest corner for the Southwest corner of said Bank Tract; THENCE North along the West line of said Bank Tract 284 -7/10 feet to a 7/8 inch iron for its Westerly Northwest corner; THENCE East along a North line of said Bank Tract 723 -4/10 feet to a point for corner in a creek from which a 5/8 inch iron bears West 35 feet; THENCE North 33 -3/10 feet to a Northwest corner of said Bank Tract in said creek from which a 5/8 inch iron bears East 40 feet; THENCE East along a North line of said bank Tract, at 40 feet pass said iron and continue in all 769 -4/10 feet to a 5/8 inch iron driven in the top of a bois d'arc stake for a re- entrant corner of said Bank tract; THENCE North along a Northerly West line of said Bank Tract 234 - 28/100 feet to a 7/8 inch iron in the South line of the H. & T.C. Railway Co. right of way 50 feet Southerly at right angle to its tract center; THENCE along said South right of way line and the North line of said Bank Tract 50 feet Southerly from and parallel to said tract center: South 76 degrees 14 minutes East 80- 42/100 feet; South 79 degrees 48 minutes East 102 -55 /100 feet; South 82 degrees 05 minutes East 101- 80/100 feet; and South 83 degrees East 744 - 88/100 feet to a 7/8 inch iron for the Northeast corner of said Bank Tract; THENCE along the East line of said Bank Tract for the West line of County Road No. 2025: South 15 degrees 30 minutes East 101- 29/100 feet to a 5/8 inch iron; and South 18 degrees 30 minutes East 100 feet to a 5/8 inch iron; and South 22 degrees 45 minutes East 400 feet to a 7/8 inch iron for the Southeast corner of said Bank Tract; THENCE North 89 degrees 52 minutes West along the South line of said Bank Tract 176 feet to a 7/8 inch iron; THENCE North 83 degrees 45 minutes West along the South line of said Bank Tract 1063 feet to a 5/8 inch iron; THENCE North 35 feet to a 5/8 inch iron; THENCE West along the South line of said Bank Tract 1492 -8/10 feet to the PLACE OF BEGINNING, and containing 24- 838/1000 acres, of which 0- 85/100 of an acre is within the Renfro Survey and 23- 988/1000 acres are within the Teague Survey, which includes Blocks 89 and 90 of the City of Kennedale. (4,511.00 Bonus) Page 15 of 15 This Memorandum of Oil and Gas Lease is executed for the purpose of furnishing notice to all persons that, The City of Kennedale whose address is 405 Municipal Drive, Kennedale, Texas 76060 as Lessor(s) has executed and delivered to XTO Resources I. LP , whose address is 810 Houston Street. Fort Worth. TX 76102 as Lessee, a certain Oil and Gas Lease dated August 8, 2006 covering the following described lands located in Tarrant County, Texas, to -wit: Please See Attached Exhibit "A" Said Oil and Gas Lease is for a Primary Term of 2 years year(s) and as long thereafter as oil, gas and other minerals are being produced from the leased premises or from lands pooled therewith and includes provisions respecting exploration, drilling, production, pooling, payment of royalties and other provisions, and is hereby made a part by reference and adoption as if copied herein in full. EXECUTED this day of Z�F�F _s , 2006. By: Mayor Bryan Lankhorst STATE OF TEXAS COUNTY OF Tarrant This instrument was acknowledged before me on 3CPTgM L� b vj t�nv P4•�Fi KATHY TURNER *.= MY COMMISSION EXPIRES eq February 17, 2009 Notary Signature: Printed Name: kkmy l ()PW'P`. Notary Public, State of YA-z, M�:i ,:1 ::1FIii 24.83 8 acres, more of less, and being a part of the C.B. Teague Survey, Abstract No. 1506, and the J.B. Renfro Survey, Abstract No. 1260, and Blocks 89 and 90 of the Town of Kennedale, situated in the Southeast part of Tarrant County, Texas; and- embracing the tract described in the deed to The Fort Worth National Bank, Trustee, recorded in Volume 5369, Page 787, of the Tarrant County Deed Records, described by metes and bounds as follows: BEGINNING at a 7/8 inch iron in the South line of said Teague Survey 805 feet East of its most Westerly Southwest corner for the Southwest corner of said Bank Tract; THENCE North along the West line of said Bank Tract 284 -7/10 feet to a 7/8 inch iron for its Westerly Northwest corner; THENCE East along a North line of said Bank Tract 723 -4/10 feet to a point for corner in a creek from which a 5/8 inch iron bears West 35 feet; - THENCE North 33 -3/10 feet to a Northwest corner of said Bank Tract in said creek from which a 5/8 inch iron bears East 40 feet; THENCE East along a North line of said bank Tract, at 40 feet pass said iron and continue in all 769 -4/10 feet to a 5/8 inch iron driven in the top of a bois d'arc stake for a re- entrant corner of said Bank tract; THENCE North along a Northerly West line of said Bank Tract 234- 28/100 feet to a 7/8 inch iron in the South line of the H. & T. C. Railway Co. right of way 50 feet Southerly at right angle to its tract center; THENCE along said South right of way line and the North line of said Bank Tract 50 feet Southerly from and parallel to said tract center: South 76 degrees 14 minutes East 80- 42/100 feet; South 79 degrees 48 minutes East 102 -55 /100 feet; South 82 degrees 05 minutes East 1 01- 80/100 feet; and South 83 degrees East 744 - 88/100 feet to a 7/8 inch iron for the Northeast corner of said Bank Tract; THENCE along the East line of said Bank Tract for the West line of County Road No. 2025: South 15 degrees 30 minutes East 101 -29 /100 feet to a 5/8 inch iron; and South 18 degrees 30 minutes East 100 feet to a 5/8 inch iron; and South 22 degrees 45 minutes East 400 feet to a 7/8 inch iron for the Southeast corner of said Bank Tract; THENCE North 89 degrees 52 minutes West along the South line of said Bank Tract 176 feet to a 7/8 inch iron; THENCE North 83 degrees 45 minutes West along the South line of said Bank Tract 1063 feet to a 5/8 inch iron; THENCE North 35 feet to a 5/8 inch iron; THENCE. West along the South line of said Bank Tract 1492 -8/10 feet to the PLACE OF BEGINNING, and containing 24- 838/1000 acres, of which 0- 85/100 of an acre is within the Renfro Survey and 23- 988/1000 acres are within the Teague Survey, which includes Blocks 89 and 90 of the City of Kennedale. INNIIATITA , NORMAN OK 73069 Submifter: TEXHOMA LAND CONSULTANTS, INC. D1 NOT D ESTROY WARNING - THIS IS PART OF THE OFFICIA Filed For Registration: 11/02/2006 01 5 PM Instrument #: D206345307 A 4 PGS $24.00 By: 1 �. # ANY PROVISI WHICH REST O USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR R ACE IS INVA A N D UNENFORCEABLE UNDER FEDERAL LAW. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- f MOTION: 0 t -- "Z I. COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON° MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 384 CARRIED IV CONTRACT /AGREEMENT NO. FOLLOW UP: FAILED CITY SECRETARY'S FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- g_ MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER y ,{ GREEN NOWELL ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED FAILED CITY SECRETARY'S FOLLOW UP: Subject: Rolling Acres Project and the Towne Center Plaza Project Originated by: James E. Cowey, Building Official \Construction Manager Please find attached the bids for some of the different phases of construction for the above referenced projects which were opened on Monday, January 7, 2008 at 3:00 p.m. Staff has been reviewing the bids and discussing the bids with the low bidders to verify that all requirements and specifications can be met along with the capability of doing their aspect of these projects. Staff is still in the process of doing this along with working on all other aspects of the projects. With us now acting as our own general contractor and the way the bidding is being done, in order to save as much money as possible. Staff feels comfortable that the bids we have received are close to or below our original estimates. - Our recommendation is to award the bids to the different low bidders (highlighted in yellow) once the above referenced verification is done. If for some reason all requirements cannot be met by the low bids, staff has the option of going with the lowest bid that meets all requirements. Tree Clearing N• i M •O Farias Concrete $17,366.20 HRCC, Inc. $23,732.00 Styles Contracting $46,600.00 Dirt -Tech $47,000.00 Alliance Contractors $66,293.00 • Lee Engineering Co. $3 Metroplex Lawn & Landscape $4,025.00 Unique Metroplex Garden Design Landscaping $4,431 M Southern Floral Design $4,499.81 Environments Southern Floral Design $5,291.50 _- Engineering . 5.00 Dirt-Tech $11,500.00 $78.00 yd $5.00 yd, adding fiber 1 yd 10 yd, adding fiber 1 yd $6.50 yd, adding fiber Farias Concrete HRCC, Inc. Styles Contracting Southern Floral Design $9,231.25 Unique Environments Inc. $9,600.00 Metroplex Lawn & Landscape $18,600.00 Metroplex Garden Design Landscaping $12,727.27 Southern Floral Design $15,533.50 Metroplex Lawn & Landscape $18,897.00 Unique Environments Inc. $22,236.15 Lee Engineering Co. $33,231.00 $78.00 yd $6.00 yd, adding fibi $7T50 yd $5.00 yd, adding fiber $83.50 yd $6.50 yd, adding fib] N-- 1 M 7. 1 =1 To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: Ix -g and IX-h Subject: Rolling Acres Project and the Towne Center Plaza Project Originated by: James E. Cowey Summary: Bids for the above referenced projects Recommendation: Disposition by Council: The staff is proceeding with the development of Rolling Acres Park and the Towne Center Plaza. Bids were advertised for the following components: 1. Clearing, Tree Trimming & Grubbing 2. Excavation and waste soil\material removing and rough grading 3. Excavation & Grading and Labor and form materials for concrete walkways. Concrete and reinforcement steel will be provided by others 4. Concrete 5. Reinforcing steel 6. Irrigation 7. Landscaping There was a mandatory pre -bid meeting on Wednesday, January 2, 2008 at 3:00 pm in the Council Chambers for bidders to review the projects. The following companies were in attendance: Dirt-Tech, Kennedale, TX Willie Willis Trucking Co., Kennedale, TX Herter Enterprise, LLC, Grandview, TX Alliance Contractors, LLC, Kennedale, TX Johnson Excavation Co., Inc, Grapevine, TX Styles Contracting, Keller, TX H.R.C.C., Inc., Haltom City, TX Sin Limite, LLC., Bedford, TX Metroplex Lawn & Landscape, Arlington, TX Unique Environments, Inc., Arlington, TX Southern Floral Design, Fort Worth, TX Lee Engineering Co., Arlington, TX American Interlock & Modular, Arlington, TX Bids are due by 3 :00 p.m. on Monday, January 7, 2008 at which time they will be opened in public and read aloud for the above listed areas of work. Once the bids have been reviewed, a tabulation sheet with recommendations will be distributed on Wednesday, January 9, 2008. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- h MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN ' NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: kmmml To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: IX-g and IX-h Subject: Rolling Acres Project and the Towne Center Plaza Project Originated by: James E. Cowey Summary: Bids for the above referenced projects Recommendation: Disposition by Council: The staff is proceeding with the development of Rolling Acres Park and the Towne Center Plaza. Bids were advertised for the following components: 1. Clearing, Tree Trimming & Grubbing 2. Excavation and waste soil\ynaterial removing and rough grading 3. Excavation & Grading and Labor and form materials for concrete walkways. Concrete and reinforcement steel will be provided by others 4. Concrete 5. Reinforcing steel 6. Irrigation 7. Landscaping There was a mandatory pre -bid meeting on Wednesday, January 2, 2008 at 3:00 pm in the Council Chambers for bidders to review the projects. The following companies were in attendance: Dirt-Tech, Kennedale, TX Willie Willis Trucking Co., Kennedale, TX Herter Enterprise, LLC; Grandview, TX Alliance Contractors, LLC, Kennedale, TX Johnson Excavation Co., Inc, Grapevine, TX Styles Contracting, Keller, TX H.R.C.C., Inc., Haltom City, TX Sin Limite, LLC., Bedford, TX Metroplex Lawn & Landscape, Arlington, TX Unique Environments, Inc., Arlington, TX Southern Floral Design, Fort Worth, TX Lee Engineering Co., Arlington, TX American Interlock & Modular, Arlington, TX Bids are due by 3:00 p.m. on Monday, January 7, 2008 at which time they will be opened in public and read aloud for the above listed areas of work. Once the bids have been reviewed, a tabulation sheet with recommendations will be distributed on Wednesday, January 9, 2008. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- i MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER k GREEN NOWELL ORDINANCE/RESOLUTION NO. 386 CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED FAILED CITY SECRETARY'S FOLLOW UP: r, i if Agenda Item, ®: Ix -i �, • _,. CADocuments and Settings\ cbrown \mydocuments\samplestaffreport WHEREAS, the City of Kennedale, Texas 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 Local Government Code; and WHEREAS, Section 22 -86 of the Kennedale City Code regulates the operation of vehicles over ten thousand pounds gross weight on city streets and provides for the use of truck routes within the City of Kennedale, including special permitting requirements for the use of Dick Price Road; and WHEREAS, the City Council has determined that with regard to certain operators of commercial vehicles in excess of ten thousand pounds gross weight that regularly require access to portions of Dick Price Road, it would be more efficient to address this access by written agreement than through the existing permitting procedures of Chapter 22 of the City Code; and WHEREAS, the City Council desires to amend Section 22 -86 to provide that access • - "��,r �- r r - !Igir 11111 11�111 1 11111 • 111 ,. i t .+ OF + _ • •. W:1Kennedale\ORDINANC \Dick Price Road Agreements.wpd (12126107) Page 1 Subsection (c) of Section 22 -86 of the Kennedale City Code shall be amended to read as follows: (c) Notwithstanding the language in subsections (a) and (b), above, a person commits an offense if the person operates a commercial motor vehicle, truck - tractor, road tractor trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combination thereof over ten thousand (10,000) pounds gross weight, on or upon any portion of Dick Price Road which was within the city limits on March 12, 2003, without a permit from the city, unless a current and valid written agreement with the city specifically authorizes the person to operate such vehicles on or upon Dick Price Road. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses WAKennedale \ORDINANC \Dick Price Road Agreementsmpd (12126/07) Page 2 to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances affecting speed limits which 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. *. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale, the caption, penalty clause, publication clause and effective date clause of this as provided by Section 3.10 of the Charter of the City of Kennedale. 61 �liiT This ordinance shall be in full force and effect from and after its passage and WAKennedalelORDINANCOck Price Road Agreementsmpd (12/26/07) Page 3 ATTEST: CITY SECRETARY EFFECTIVE: CITY ATTORNEY WAKennedale \ORDINANC \Dick Price Road Agreements.wpd (12/20/07) Page 4 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- j MOTION: 1`j 14ov e , COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: / P To the honorable Mayor and City Council Date: January 3, 2008 Agenda Item No: ix -j Subject: Storm Water Permit Originated by: Larry Hoover Summary: In 1990, the EPA enacted the Clean Water Act, Phase I Storm Water Program for cities with a population of 100,000 or more. TCEQ the Texas permitting authority for the EPA released the Phase II rule on August 13, 2007 for cities with a population of 10,000 to 100,000 and all cities in an urbanized metropolitan area such as the North Central Texas Region. This requires the City of Kennedale to obtain a permit for storm water discharges. Staff has been working with Sol Stigall of Teaque Nall and Perkins Engineering Firm to develop a Storm Water Management Program that meets the Phase II rules and guide staff in complying, monitoring, and reporting of the program for the five year permit period. In your packet is the Permit containing the Notice of Intent and the Storm Water Management Program for your review as it will be sent to TCEQ for their review and approval. Recommendation: Staff recommends approval Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- k MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOW LL ORDINANCE/RESOLUTION NO CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED FAILED CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: January 3, 2008 Agenda Item No: IX-k Subject: Criteria for naming parks Originated by: Larry Hoover, Community Development Specialist Summary: The attached document establishing guidelines for the naming of parks was presented to the Park Board at the April 2007 meeting by Mike Bevill. The Park Board approved those procedures unanimously at that time. Recommendation: Disposition by Council: Subject: Naming streets, facilities, and other areas after individuals; policy on 1. 'ur ate The purpose of this policy is to offer guidance for implementing the naming of streets, facilities and other areas after individuals. 2. background The naming of streets, facilities, and other areas offers an excellent opportunity to honor Kennedale residents as well as others who have made well - recognized major contributions of benefit to the city off and its citizens. 3. Definitions For the purposes of this recommendation, facilities include city buildings such as City (tall, Fire Houses, Libraries, Police Stations, Teen Centers, Community Centers, as well as other city buildings; streets and roads as such; other areas include parks, ball fields, trails etc. 4. Policv. a. Names selected should normally honor deceased residents of the city of Kennedale. In unusual circumstances, it may be appropriate to honor deceased individuals other than l- ennedale residents who have made significant contributions to the benefit of the city of Kennedale. In exceptional cases, where it is u p iquely appropriate, living individuals may so be honored; however, preference should be given to the names of deceased individuals. b. Facilities should normally be named to honor appropriate deceased individuals who were the primary users of the facilities... i.e. elected officials for City Hall, fire fighters for a Fire (louse, policemen for a Police Station or an individual that made significant contributions toward the specific facilities. c. Streets, roads and other areas such as parks, ball fields, etc. should follow the same guidelines as facilities with names being drawn from deceased residents who have made significant contributions to the community. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- I MOTION: //�✓ COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: January 3, 2008 Agenda Item No: Ix -1 Subject: Naming Rolling Acres Park Originated by: Larry Hoover, Community Development Specialist Summary: The attached article dated 1895 on Thomas Rogers that was submitted by a citizen for your review. Several citizens have suggested that the Rolling Acres Park be named the Thomas F. Rogers Park. At the ground breaking a suggestion was made to name the park Rogers Farm Park. At the time of agenda preparation, the Park Board did not have a recommendation. The Council will be updated at the Council meeting. Recommendation: Disposition by Council: THOMAS F. RODGERS HISTORY OF TEXAS Together With A BIOGRAPHICAL HISTORY of TARRANT AND PARKER COUNTIES CHICAGO: THE LEWIS PUBLISHING COMPANY 1895 THOMAS F. RODGERS, a resident of Kennedale, is one of the most prominent farmers and stock raisers of Tarrant county— Texas. While he carries on general farming— he makes a specialty of fruit and vegetables and in this industry has attained signal success. It is appropriate that more than a passing mention of him be made in this work— and it is with pleasure that we present the following resume of his life. Thomas F. Rodgers was born in Stewart county— Georgia— April 20— 1835— and until he was twenty-one his life was spent on the farm there with his parents. Upon reaching his majority in 1856 he went west to the Territory of Kansas— and located on a tract of land seven miles from Topeka— where he developed a small farm. He was there during the Kansas trouble, and— as a member of Clayton's company was in the raid after John Brown— not, however— being with the party that finally routed him and drove him from the v State. Few men are better posted on early Kansas history than is Mr. Rodgers. In 1858 he sold his claim in Kansas and came to Texas— making the Journey hither with a two -horse wagon— and settling in the locality where he has since resided. He at first bought 160 acres of State land — for which he paid fifty cents an acre— and by the time the war broke out had got a nice start in stock and had a portion of his land under cultivation. In 1862 he enlisted in the Fourteenth Texas Cavalry— Colonel Johnson's regiment— and was sent to Little Rock, Arkansas. There the regiment was dismounted and sent to Corinth. Mr. Rodgers was one of five who were detailed to bring the horses homeland— being sick at the time and not likely to recover— he was discharged from the service before leaving Arkansas. After he reached home he came near dying. As soon as he recovered he resumed work on his farm. Prosperity has attended his efforts fiom that time up to the present, and he is to -day ranked with the wealthy men of the county. To his original purchase of land he added from time to time until he now has 1,272 acres— 765 acres of which are under cultivation. He raises more cotton than any other farmer in thus locality— his crop this year amounting to 175 bales. Each year he markets a large number of hogs— and this year will sell about 200. He also raises other stock for the support of his farm. As has already been stated— fruit and vegetables form his principal crop. He has a thousand peach trees— a plum orchard and a vineyard. From early season until late he has a variety and large quantity of vegetables and melons and all these— together with his fruit — find a ready market at Fort Worth. Mr. Rodgers was among the first to haul garden products to Fort Worth — and he still finds it a remunerative business. For the past few years he has been running the hotel at Kennedale doing all the business in this line here. Mrs. Rodgers has a general supervision over the hotel. taking an especial pride in the table— and happy is the guest who is entertained at their sumptuous board. Mr. Rodgers was the second born in a family Of seven children Of David G. and Mary (Aduolph) Rodgers — Of Georgia— the former being Of Irish descent and the latter Of German. David G. Rodgers was a man Of prominence in his day. He served as County Clerk and Justice Of the Peace— and also as a member Of the State Legislature— besides filling various minor offices. He owned a large plantation— and previous to the war was a slaveholder. He died in Georgia— in March— 1889 at the age Of seventy-seven years. Of his seven children— record is made as follows: James M.— deceased; Thomas F.— the subject Of this article; Lucy A.— now Mrs. McLane— resides in Georgia; Mary— wife Of S. Y. Allen— is deceased; Georgia A wife Of A. H. Rollins— resides at Lancaster— Texas; George D. is a resident Of Georgia; and J. H.— also Of Georgia. The mother Of this family passed to her reward above in 1851. Both parents were devoted Christians and members Of the Methodist Episcopal Church— and the father was also identified with the Masonic fraternity. Mr. Rodgers is a Democrat in politics— and takes an active interest in all public and political matters— yet he has never held or sought political office. He has always been a friend and advocate Of public schools and has held office in that connection. The subject Of our sketch was married in 1857 to Miss Mary A. Adams— who was born in Kentucky — January 19— 1842— daughter Of Edward Adams. Her father removed from his native State— Kentucky— to Kansas in 1855 and from there in 1858 to Texas— locating in Tarrant county— where he spent the residue Of his life and died— the date Of his death being 1882. His wife survived him until 1887 when she died at the home Of Mr. Rodgers. Of their family we record that James and Thomas died in the army during the war; Jane is deceased; John E. died in the Indian Nation; and Mary A. wife Of Mr. Rodgers— is the only one Of the family left. Mr. and Mrs. Rodgers have had five children- -- namely: James M.— married and living in Colorado; John H. and David— engaged in farming in this county; Thomas F. died at the age Of two years; and Mary A. died when four years old. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: IX- m MOTION: ko 1,14,1o1G0j COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON ,� y MILLER k GREEN NOWELL ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED i/ FAILED CITY SECRETARY'S FOLLOW UP: a' • ' . - - . • 111 Jill • 11 Satur Xecommendation: The city recommends calling a meeting calling a special meeting for • 2008 at 10:00 am to be conducted in the community ce nter. C:Mocuments and Settingsl cbrown lmydocuments�samplestaffreport Staff Repot To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: X Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: 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 on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. H &A Land Corporation, d /b /a Showtime Cabaret v. City of Kennedale; Cause No. 402 -CV- 0458 -Y (Dreamer's). 2. Triple X Sign Litigation. 3. Zoning Case at 6901 Mansfield Cardinal Road. b. 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. KEDC Personnel. C. The City Council will meet in closed session pursuant to Section 551. 072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property — Oak Crest Addition, Lots 4, 5, and 20, Block 7. Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: JANUARY 10, 2008 REGULAR ITEMS: ITEM NUMBER: XI -a MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY -ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION CONTRACT /AGREEMENT NO. CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: liF To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: XI. - a Subject: Review and consider appointment to the Kennedale Economic Development Corporation. Originated by: Kathy Turner, City Secretary Summary: The KEDC currently has once vacancy for Place 6, term expiration September 2008. Two applications are attached for your review. Recommendation: Recommend Council review applications and make determination to appoint one candidate to Place 6 with a term to expire September 2008. Disposition by Council: 405 Municipal Drive, Kennedale, Texas 76060 BOARD /COMMISSION CANDIDATE DATA SHEET Check all Board and Commissions of Interest and rank order of interest from 1 to 6: ❑ 2 Park Board ❑ 5 Board of Adjustment ❑ 4 Planning & Zoning ❑ 3_Building Board of Appeals ❑ 6 Library Advisory Board ❑ 1_Economic Development Board Name: Sheila M Camp Age (Optional): 57 Home Address: 420 West Third Street Kennedale TX 76060 Home Phone: 817 478 3704 Business /Cell Phone: 454 2812 Business Address: Resident of City for 26 years Voter Registration No.: Occupation : Registered Nurse Education: Bachelor Science Nursing Special Knowledge or Experience Applicable to City Board or Commission Function: ❑ Banking /Finance ❑ Building/Construction ❑ Real Estate/Development ® Industrial Training (related to health care) ® Business Development ® Promotion/Marketing ❑ Manufacturing /Industrial Operations ❑ Law /Contract Administration Other information (Civic Activities, etc.) Previously :I have been a volunteer for the Kennedale library reading. I have volunteered as a Counselor at the El Tesoro de la Vida (Grief Resident Camp), which is a week long for the last 4 years. In 2006 1 traveled to Romanian for 10 days as a Volunteer for a Dental mission. I am active in my professional memberships tlu•ough nursing associations and various councils at my place of employment. I have been invited to career days and have served as an educator about on the dangers of substance abuse, Recently I presented Health Awareness to the Kennedale Chamber, which I am member of at the friend level. I have attended one or more meetings of the board/commission for which I have applied: ® Yes ❑ No Date: Resubmitted from 10/30 Signature: Sheila M Camp MY or A'Z9 W111 405 Municipal Drive, Kennedale, Texas 76060 ::1 M S 1W W J'UJ"" DATA SHEET Check all Board and Commissions of Interest and rank order of interest from I to 6: E] Park Board ❑ Board of Adjustment ❑ & Zoning ❑ Building Board of Appeals __ ❑ --- Library Advisory Board 0 — 1 Development Board Name: Megan Husby Age (Optional): 32 Home Address: 452 Mansfield Cardinal Rd Home Phone: (817) 478-1965 Business/Cell Phone: (817)966-8419 Business Address: 525 S Griffin Street, Suite 221, Dallas, TX 75202 Resident of City for 3 Years V Registration No.: 01995082 Occupation: Economist Education: Bachelor's in Economics and Business Management Special Knowledge of Experience Applicable to City Board or Commission Function: Banking/Finance 0 Business Development ❑ Building/Construction 0 Promotion/Marketing ❑ Real Estate/Development ❑ M Operations ❑ industrial Training ❑ Law/Contract Administration Other information (Civic Activities, etc.): I have attended one or more meetings of the board or commission for which I liayq, applied: n Yes 0 No '0 , — w U - _® b ! I ° o - ° -° 0 ti ® GS A ® ® Q e N� N � a m� 00 ° r ®°- n� M Od H1f10S - M L° Q _ ® % � e ° N� � B ®_ ANAHB ° � ➢ � 1 ®.tea -°° ° _ _ °� °rho a1 ,o � ° ®,° ®® � " I �i ♦m_ °® a i ®a_ m �- °° _° ° ° ® M I �J ®1° I � � i m♦ c♦ 0 Jo _ ® ® �� ♦ 1 I N a ® �_ ® I ®� 1 ®® ♦_ A N i .J - m 00 ., 0 Jd •L ®^ A n ® o ® e ° jd ®� - e iN ♦� ♦ a® o_ ® °® � =Z�� e° m �� ® ®® ¢® ® �Mte 7 0 h ®� i c4 e o N ♦ oa_ 6 a - ate✓ e ® ® ® 41 �I �i ♦& ® `�i N a 9 I i I I I � "° � °- a y~ m -° � ° o _ ! O ♦ "I ♦ `o"® - ®_° GP °- ®= or N v ♦ 1 r I Op ♦ p1 ♦ " ®- r. � o e ® i i Mo _ _ _ �` r- 'P/ Od 3sol 1 - 1 m aPr m lRlal 1f10N00 N7 1-i e N ro m - 1 N � a m� 00 ° r ®°- n� M Od H1f10S - M L° Q _ ® % � e ° N� � B ®_ ANAHB ° � ➢ � 1 ®.tea -°° ° _ _ °� °rho , . v \ )(/ z � ez , d , � � � % , =y> :aln; @( 0« a xx , m , z d > ; !w > ° - 2 Z Z " e� y y� « , 0 V � OF ((First Name» «Last Name>> ((Address—Line—lo «City» Dear «Title» ((Last —Name)): The Kennedale Planning and Zoning Commission will conduct a Public Hearing on Thursday, November, 15, 2007 at 7:00 PM in the City Hall, Qouncil` Chambers at 405 Municipal Drive, to receive citizen's comments relative to a rezone request of the property listed below. The Kennedale City Council will conduct a second. Public.Hearing on Thursday, December 13, 2007 in the Council Chambers at 7:00 PM. The City Council is authorized to deny or approve the request. Case #PZ 07 -06 to receive citizen's comments regarding,a request for a zone change of 0.7425 acres with the legal. description being Lot 2, Block 1 of the Southwest Crossing Addition in the Cities of Kennedale and Arlington, Texas, Tarrant County. Please note that the Lot 2, Block 1 is solely in the City of Kennedale, but the subdivision of Southwest Crossing Addition is located in both the Cities of Arlington and Kennedale. The property is located at the corner of Little School Road and US 237. This subdivision is the site for the W -Mart that will be located in Kennedale and Arlington, but lot 2 is one of the pad sites. The zoning at the present time is "R -1" (Single Family Residential) and is proposed to rezone to "C -1" (Restricted Commercial) as requested by Chris Biggers on behalf of Dunaway Associates, LP. According to Tarrant County Tax Records, you are the owner of real property within the area of the proposed zoning change or within two hundred feet thereof. This is not a summons to appear at the Public Hearing, but if you so desire to attend; you will have the opportunity to speak either in favor or against the request for the rezone. If you have any questions, please feel free to contact me at (317) 433 -1297. Thank you, s a I , A f Lisa Da wn Cabrera Planning & Zoning Secretary PZ 07-06 AL =MAP T e US 287 & LITTLE SCHOOL RD P ro pe rty Mail Sto 0 555 Bentonville, AR 72716 DUNAWAY ASSOCIATES Applewood Lane Por Valley, CA 94020 MWI r. .t , 450 ` • �. +i1 Orlando ;1 To the Honorable Mayor and City Council Date: January 4, 2008 Agenda Item No: Ix -f Subject: Review and consider Ordinance No. 384, Case #PZ 07 -06, zone change request for approximately 0.7425 acres. Legal description: portion of Lot 2, Block 1, Southwest Crossing Addition, Kennedale, Texas. This property is located at the corner of Little School Rd., and US 287 with current zoning established at "R -1" Single Family Residential. Mr. Chris Biggers on behalf of Dunaway Associates, LP has requested a zone change to "C -1" Restricted Commercial District to coincide with adjacent zoned "C -1" properties within the City of Kennedale. Originated by: Kathy Turner, City Secretary Summary: Council reviewed this item at last months regular meeting dated December 13, 2007. Discussion ensued regarding the highest and best use of the property along with vested rights to the property. Council took action to table and allow time for the, City Manager, Bob Hart to visit with Wal -Mart representatives regarding the intended use of the property. Mr. Hart has since visited with Wal -Mart representatives and is prepared to brief Council during the meeting. Recommendation: Staff recommends approval. CITY OF KENNEDALE ORDINANCE NO. 384 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 0.7425 ACRES ENCOMPASSING A PORTION OF LOT 2, BLOCK 1, SOUTHWEST CROSSING ADDITION, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas 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; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on November 15, 2007 and by the City Council of the City of Kennedale on the 13th day of December, 2007, and the 10' day of January, 2008, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c: \citysec\ council \ord \zonechg07 - 06(11- 20 -07) Page 1 of 3 Approximately 0.7425 acres, being comprised of a portion of Lot 2, Block 1, Southwest Crossing Addition, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R -1" Single Family Residential District to "C -1" Restricted Commercial District. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto 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, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, 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, c: \citysec\ council \ord \zonechg07 - 06(11- 20 -07) Page 2 of 3 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 S. This ordinance shall be in full force and effect fi•om and after its passage and it is so ordained. PASSED AND APPROVED this 10' day of Janum 2008 Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c: \citysec \council \ord\zonechg07 - 06(11- 20 -07) Page 3 of 3 August 08, 2007 INTERSTATE IGiWAY 20 VARIABLE WIDTH R.O.W. A=9°10'21" R 924.83' L= 148.07' L.C.E.473 "4620 "E L.C: 147.92` r 4 r N IV CS IT I P O 1 cl' Tl� SOUTHWEST CROSSINQ ADDITION BLOCK 7 fD TNS 01fY83 OF ARLINO'QN AND NNNNBDAL& A8 WIMP A, HIM M58. PIAT,:: C1- RFSTF f CTFD" Z pNFD DA — 99190 0 30 60 SCALE IN FEET 1 =60 A PORTION OF ®T 2 32,343 SQ.FT. 0.7425 ACRES EXISTING ZONING- 'R -1' PROPOSED ZONING® 'C1' Aw IMNAWAY 1601 MO&YADMals • &ftlOQ • Feff ftf@f. iX 76107 f417- 338.1121 • Fm e17 SM74s7 e. 140 ,.e AID p &" HWA'0l1T Au61noH PHASE I CAMT ". SM 2616 PRLQT CV LL O r W en POINT OF� EGINNING A -1336 A -987 A PORTION OF ®T 2 32,343 SQ.FT. 0.7425 ACRES EXISTING ZONING- 'R -1' PROPOSED ZONING® 'C1' Aw IMNAWAY 1601 MO&YADMals • &ftlOQ • Feff ftf@f. iX 76107 f417- 338.1121 • Fm e17 SM74s7 e. 140 ,.e AID p &" HWA'0l1T Au61noH PHASE I CAMT ". SM 2616 PRLQT CV LL O r W en August 08, 2007 METES AND BOUNDS DESCRIPTION BEING a 0.742 acre tract of land situated In the Lawrence Ramey Survey, Abstract Number 1336, and the M.P. Lamar Survey, Abstract Number 987, Tarrant County, Texas, and being a portion of Lot 2, Block 1, Southwest Crossing Addition to the Cities of Arlington and Kennedole, according to plat recorded in Cabinet A. Slide 11958 , Plot Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the point of intersection of the southerly right —of —way line of Interstate Highway 20 (a variable width right —of —way) with the curving westerly right —of —way line of Little School Road (a variable width right —of —way), and being at the beginning of a curve to the left having a radius of 1174.92 feet; THENCE in a southwesterly direction with the westerly right —of —way line of Little School Road and along said curve to the left through a central angle of 1°37'17" an arc distance of 33.25 feet with a chord bearing of South 29'42'52" West a distance of 33.25 feet to a point for comer; THENCE departing the westerly right —of —way line of Little School Road South 89'53'52" West a distance of 229.84 feet to a point for comer In a southeasterly line of Lot 1 of said Southwest Crossing Addition; THENCE with sold southeasterly line of Lot 1 North 67'08'31" West a distance of 2.48 feet to a point for corner; THENCE with an easterly line of Lot 1 North 13'05'21" East a distance of 187.27 feet to a point for comer In the southerly right —of —way line of Interstate Highway 20 in a non — tangent curve to the right, the radius point of said curve being situated South 11'38'30" West a distance of 924.93 feet from said point; THENCE with the said southerly right —of —way line the following: Southeasterly along said curve to the right through a central angle of 9'10'21" an arc distance of 148.07 feet with a chord bearing of South 73'46'20" East an arc distance of 147.92 feet to a point for corner, South 28'56'00" East a distance of 130.25 feet to the POINT OF BEGINNING. CONTAINING a computed area of 0.742 acres (32,343 square feet) of land. A wa I W N AWAY 1509 IW "7a1wC h IX 76107 TQ 0174WI121 -Fan 817.88&MV �. • _� _ , � y� . ; - - :. - — — .sx � ��",` ,,yy , . g �/ea an A �' + F ^ +A. �••' y v :?�''��)� 4' -.. �°�«" _ -,;6• al,:. R i, �� '�C�,� 4Cy�! aor 6 rs - ` ` ' ; z+h� X11) J �_ )T;`e: 'aF ,thy. �•,�. .:.7A EN KV :555 J } . ®, yi 5 5 } % if A4,•.., PROPOSED WAL—MART l . ' BLDG. • 'g a . l ♦.eo 'As ®r_;,, - 'fir.:- �sL� -'tea ®n�� +�; maw �°ir � ®.+vim .'°�e o J L OT 1 • ;. r,- r . 1 25.894 ACRES WAL-MART EAST, INC. VOL 4405. PG. 96 / � 1 � .. •,` 7 � f s I'y roY �4 III / / A ,ice`. 7 � � • � I!';F �� .,, .�4 ' �° `� 1 CS I • Ali '��• V .�y� 3 1 a - ill__ r = _= — L MM MRZ MMERS or'f� ,I U K, _ , 1 G • "p"�. r . , : T(t` 4. 7T rB1 �,a !t a -L.Sr � ��,,� b _..< 4�' 'lr:�` �� •'AT + Y ql I LOT 3 I = 41,913 S.F. f t <! 0.962 'ACRES al i b PROPOSED COMMERCIAL .. 8' x 70' WSIS1Ll TY (m C ICI 81 .... - TRIANGLE (TYPICAL) pd LOT 4 37,376 S.F. I� 0.858 ACRES 1 ® (ARLINGTON) ' PROPOSED USE ZONED C "'COMMERCIAL" EXISTING US j s r m COMMERCIAL P,,( J RETAIL A ENNEDALE) 1 w # V +. C .® ZONED CI k i # EXISTING USE ' cif a E-4 £LING STATION GE 2, D �LNfENC£ STO Cy M w _ NCS SUBDIVi9 I �•• P-4 C; :# AREA V. JRe -188, P Bz z 13 •T Ll •�• � a � � INCLUDED 1 - 8, BLOCK Ii O Yi INGTDN LANDSCAPE CRITERIA Q vm Ordlvance Alau,r RryvlreJ Pro IdW Rem h -� d _ a SNh,da AlD 8vccl 'AFB n 14?00 M si.2BT Mfnl 20.80(( Tree ruenNhnalev • � ~ B . LNle Road 10 (cN ID ftt1 V T Pinl Dyne ]Of., 66190 !¢I Tree mmbn arzv �1 T .WIN Trs WaNings:ltrm / ?5IF I� � U b. affrvvla !!�� IH 2G'US 281 ISOOLF05= SG DCU 426 armmtlervtteN tree ipRoad ?5 T u- mpv�m 107OLE tine 30.5 nS° 69Ue<s 69 beudau rwrru'IWa praenedveer ?o.s arrmanerPRem beu n 14?00 PulmB1ol Scrttning 3'Opagm Doable Rvn S/va6r tril /a4o &myy/mlmreduirha ...... : . ... ••" .A s. - " "• ........ .... ryT�� 1 HB �.. ,• •- '. ...,,.,:... e'x 70' `61L1TY m/ANaE (TYPICAL) r . 1 ➢.. . 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LM1tl<ROaB mum Saew Patirfi�6° l�OpaYae Oedie F°x tFai ^T 4.OJa �.m ` i1O°A• Fe® ,s 1 130JFIndrnP= 1 /140 t:'asP /.b ➢36 1 I.,d/w nry1M E X H IBI T u ae60 dlmu GVe,fe bC.WUa DRAYN DY: _F.._ .......................... -,.:.- _........ ........_ ............. : PSMi. '•••••••••• _ ....'.... ...:. .'f. - - -� -• � _ -- . .... .......... _ _ .......... • KENNEDALE SCALE: axU°n IJ -? - GO 1 .g, ➢. �. Belwv lJ - ?00 Lvndsn N IvLmulW P 6 Parlor Arta AGu B l mun 162 SF am fa rmay l0 sym,no mare Wua 40 ryacez.Tiil,oufa larWsn tarn) Add�Gaml RvgaBM Trm BJlryam'2O = JLO SS162 6,6506FDf Lnadscap<Area: 41um 9J2(N' -h0- 21 aB8 SP - IntewllaMsn pc Arta arLmg far P 112 Tr d gl +12Rerm'd 934m prmided A'o laMcmpe adandr are repva N6T• 1 rerM^ M 8 p,mr mo O rMn r All afdiafonvl beer°relcrNedhthe ....... •• ••v 1394 PE PP•'� L 6 q A (ARLINGTON) I ZONED Mpla EXISTING USE APARTMENTS - ZONED MF EXISTING USE APARTMENTS e ➢aamaeapadiag 6 ?3 (c¢1'1= 769k - W 26? 82 (e1 +12 gamed( rNemdparkingarev DA E: .ueawl4- ¢ T/eeP.M, +1 2,148 -3,841 seem s remwtr Eary +Ia6GapA Trs_u8 "orgre°rarunead ? -1•Jwn Ie IR °Pmx m JOB ND. 99190 P 1 3 ® X1 I y 2 n { 6IE ® } y [PPpr ed g pASLa re Ov. LOT i. BLOCK 4 \ ` ` 6 § GRAPHIC SCALE ID I IN FEET I IRON = 60 It. GENEiiAL NOTES: & 1. N48hltt 1RIA MENAN NITH AR BE PRDNDEO AT ALL E PRNATE STREET ENTRANCES IN IN AC ACCORDANCE U.S S M. ONA 287 CEi CE 2. NEAR -W PARBWG AT T CUR DRIVE d: LLS a O 2B] NAVE 3. AN W BERM, ORNA4EN SS 55 WDH CURV3NEAR EDGE INLL OCCUR K N 3 ]5% OF 20' LANDSCAPE E19AIX. 4. NwIBNTY 1PoANGL SHALL B PREMED AT ALL PUBLIC W NEE E STREET iE NO OA'S W ACCORDANN CE NT N1111T Ott CROWANCE ALL LANOBCAFM'G (NOlIDNO OVER 2 FEET W H ➢GNT A A9 MEASURED FROM THE TOP a THE NRBI NTTHW TINE K4BBJTY IRIANGIEV SHALL COI.�LY YA1N i14 NSIBNTY biOWAN i ALL STORAGE AREAS AND LDADWC DOCKS NOi SCREENED BY N! WTER \ENWG 0U4DN0 SHALL BE SCREENED FRdI ANY PUBLIC STREET fiGH }_pp_gAY. IN AD , STORAGE AND LOAWNG PREAS MUST BE SCNE}NTO F VEW FA@A MY A0,16 ANY NPROPERTY G PROPERTY WN VAT AT PPDPERTY REOURES A TIT TRAN9RONAL BUF FR AS 01111D M TABLE A OF "C' 14. 6. PRIOR TO TINE ¢SUANCE OF A DULDINO PERUIT FOR THE IARCE SCAIE RETAIL USE, ME DEVELOPER VUST PRO ENDENCE THAT PARKING SUFDCIENT TO NEST INE REOUIRENENTS OF ARTICLE KV CAN LEGALLY BE FRONDED N11HW 1� PLANNED DEYflDPVD1I DISTRICT OR W 6FMEDIA PROPERTY nLY —CENT TD TINE PLANNED DE4£I.OPNENi MSTRICT ANO THAT ALL PARNWC AREAB SFANNO TIE USE N'R1 BE LANDSCAPED W ACETBOANCE NTTN DTY OF ARLINGTON IANOSCAPE STANDARDS. LOT 2 FRONTAGE LANDSCAPWG IML COMPLY Yd1H ARLWOTCN LANDSCAPE fMTE18A AND BE CON95TENT NTTH LANOSCAPWG SNONN DN Tl' PLAN FOR STREET FRONTAGE na P°tm auesp•.av spdjm9,d TrtU Tres Sir =0 Cw eau `905 p N r � r- All )311 +14Ar3 Tree saeedl +3.1 pj,A�aaalROea r gmme , T T � P L e '13,&v1`J KENNEDALE LANDSCAPE CRITERIA O,dW�e ANNer R,quu. Dv.NM -t -f SeLxb A1�US ID' peO mn d23a S1�T o-. LM1tl<ROaB mum Saew Patirfi�6° l�OpaYae Oedie F°x tFai ^T 4.OJa �.m ` i1O°A• Fe® ,s 1 130JFIndrnP= 1 /140 t:'asP /.b ➢36 1 I.,d/w nry1M E X H IBI T u ae60 dlmu GVe,fe bC.WUa DRAYN DY: DESIGNED DY: CHECKED 9Y: DATE, JUI I3, Z SCALE: SHEET: /'� I hereby certify that this plot does not alter or remove existing deed restrictions or nvanants, If any, on this property, < Purs�anl to S.eUon 12002 0l Ua Texas Property Coda, as ...dad, I have obtained orl91na1 lax czrUCCales from each laxIng unit with yrlsdlcflon ota each parcel of real property M said srbdhislan Mdirn.g Thal no dalirwml ad vWOrem taxes are owed on the rest property which Is the sublecl of the plat or raptor I have -1,111. to rho ` City o! Arltnglon, Tarrant County, Texas far Ding and rscording nit, the Toront County Oak's offce. WAL -MART STORES TEXAS, LP GENERAL NOTES: 1. The basis of bearing for this survey is the Southerly right -of -way of Interstate Highway No. 20, according to Texas Highway Department Data and monumenled on the ground in the northerly line of Lot 1 and o monument found at the most northerly northwest corner of the southwest intersection of Interstate No, 20 and Little Road. Lobed as "control monument °. 2. Plotting the property by scale from the flood insurance role Maps for Tarrant County, Texas and Incorporated areas, Flood Insurance Rate Map (FIRM). City of Fort Worth, Texas, Map number 48439CO437 H. dated August 2, 1995 shows that the properties shown hereon in the Cities of Arlington & Kennedate, Texas are in Zone "X Zone 'X" Is defined as areas determined to be outside the 500 year flood plain. 3. Property corners ore 5/8 Inch Iron rod with yellow cap stamped 'DUNAWAY ASSOC. LP" set unless otherwise noted 4. This plot does not alter or remove existing deed restrictions, If any, on this property. NOTE: THIS PLATIS EMCUMBERED BY AN INTER•LOCAL ApREEMENT BETWEEN THE CITY OFARLINOTON AND THE CITY OF RENNEDALE FOR THE MAINTENANCE Of STORM BRAIN AND SEVIIR PIPE NOTICES FOR THIS PROPERTYSRUATED WITHIN THE CITY LIMNS OF THE CITY OF ARLINGTON Visibility triangles shop be provided at the Intersections of all public and private Streets in accordance with current City Ordinances. All landscaping (nothing over 2 feet in height as measured from the top of the curb) within the visibility triangles shall comply with the visibility triangle ordinance. This property may be subject to charges related to impact fees and the applicant should contact the City regarding any applicable fees due. The City of Arlington reserves the right to require minimum finish floor elevations on any lot within lists subdivision. The City of ArlMgton will not be responsible for or maintain any non - drainage improvements within the drainage easement, including but not limited to paving and fences. "Private Access Easement" and asSoofoled improvements Is intended to provide access to Lots 1, 2, 3, and 4. Block 1, Southwest Crossing Addition. This plat does not alter or remove existing deed restrictions, if any, on this property. NOTICES FOR THIS PROPERTY SITUATED WITHIN THE CITY LIMITS OF THE CITY OF RENNEDALE The CITY OF KENNEDALE will not be responsible for nor will it maintain drainage improvements lying within a outside dedicated easements. Th e property owner(.) shall be responsible for maintenance to drainage facilities and or detention /retention ponds and associated Infrastructure. CERTIFICATION THIS is to certify that I, Gregory S. Ul and, o Registered Professional Land Surveyor In the Slate of Texas, have platted the above subdivision from an actual survey an the ground, and that this plat accurately represents that survey made by me or under my direction and supervision. Gregory S. Iffland Date Registered Professional Land Surveyor Texas Registration No. 4351 Du ISol Mentrin c circle a SuRa 100 a Fod Worth, !V107 Tel; 817. 336.1121 a FDIC 817- 335 -7437 STATE OF TENAS COUNTY OF TARRANT WHEREAS, V'JOl -Load Stores Texas, LP, Is the sole alma of a 28.939 acre tract of land being lots 1, 2, 3, and 4, 8loels i, a. South A Crossing Addition to the Clttes of ArlMgton nil Kennedale as recamed in C.Wnal A. Slid. 11957, Plat Records of Tarranl County, Texas, situated !n the David Stichland Survey, Abstract Number 1376, and the Lacmznce Ramey Survey, Lamar recorded under�clerl'. Go 5275679 and ailed _be, 6278, r Page 109 Dead of a a At Count 11 11 Texas, said 28.939 acres tract being more IO'Neuforly deseribed as follows: y' BEGINNING at . 5/8 Inch Iran rod e,ilh a yellow plastic cap stomped "Dunociay Assoc, Inc. found far the Polnt of Intersection of the southerly right -of -way line of Interstate Highway 20 (o variable ,width right -of -nay) pith curving the resterly right-of line of Little School Rood (a variable width rfght-.f_w-y), the radius point of said cum being situated South SW28'29'Eoel o distance of 1174.92 feel from sold iron rod; THENCE w4h the westerly right -.f-way has of Little School Read the following: South- along sold curve to the left through a central angle of 05'30'50 ", at an ore distance of 33.25 feet passing a Texas Highway `apartment Monument found and continuing M oil a tot114.0 l arc distance of 114.90 feet with a chard bearing of South 27'43'25 West and a chord distance to am feel to A point far corner; South 26'36'04" West o distance of 150.72 feet to o point for the beginning of a curve to the left the roof.. point of said curvy being situated South 64'48'27" East o distance of 1024.50 feat from sold point Southvrestedy along said curve to the left through a central angle of 04'02'04 ", an rc distance of 72.14 feet with a chord bearing of South 2370'31" West and a chord distance of 72.12 feet to 0 point for corner. South 16'09'04" Waal a dlstance of 86.99 feat to a point for comer South 23'46'11' Wesl a distance of 154.64 to a point for comer in the northerly line of Lot 2, Block t, of NCS SubdiNSlon according to the Plot if In Volume 388 -188, Page 82, Plot Records of Tarrant County,; THENCE departing the westerly right -of -way line of Little School Road with the north line Lot 2 of sold NCS Spbdivistan, and the n.,t line of Lot 1 -8 and Let f -A, Block I according to the plat Fort fn Volume 388 -211, Page 25, Plat Records of Torrent County, North 89'36'57' West o distance of 450.89 feet to a 1/2' Inch Iron rod found for the northwest corner of said Lot 1 -A, Block 1, NCS Subdivision; THENCE 1111h the rvestarly line of sold Lot i -A South 15'37'55" East a distance of 159.17 feet to A 1/2° Iron rod found In the northerly right -of -way line of Treepoint Drive (a 70 foot right -of -way); THENCE with the northerly right -of way line of Treepoint Drive the foilowtng: North 89'34'34' West a distance of 93.66 feel to a 1/2° inch Iron rod found for the point of arvalure of a curve to the right having a radius 565,00 feet; Northwesterly along said curve through o central angle of 24'47'27` an arc distance of 244.47 feel with o chord bearing of North 7711'23° West and a chord distance of 242,56 feet to a 1/2' Iran rod found; North 64'47'40" West o distance of 165.01' to a 1/2" Inch iron rad found for the point of Survolure of a curve to the right having a radius 2,900.00 feet; Northwesterly along sold curve through o rentral angle of 11'02'17" an arc distance of 558.69 feet with o chord bearing of North 7018'4B West and a chord distance of 557.82 feet to a 5/8 Inch Iron rod with yellow plastic cap stamped "Dunaway, Assoc, Inc.' found for the o.lhewterly comer of Lot 2R, Block 2, of Tmal, otnt Addllon as recorded in Volume 388 -156, Page 53, Plat Records of Tarrant County, Texas; THENCE departing the northerly right -of -way line of Treepoint Drive with the easterly line of sold Lot 2R, Block 2 the following: North 0015'13' West, I distance of 450.01 feat to a 1/2 inch bon rod found for the northwesterly corner of Lot 3, Block 2 of said Traapolnt Addition; North 0012'58" West, a distance of 143.72 feet to a 1/2 Inch ton rod found; North 001519' West, a distance of 160.31 feel to a 1/2 Inch Iran rod found; North 0021'14" East, a distance of 110.42 feel to a 1/2 Inch Iron rod found for the northeasterly earner of sold Lot 2R in the curving southerly rlghl -o -way I,ne of Interelole Highway 20, the radrus P oint of sold curve being situated South 11'07'00 West a distance of 1,879.86 fast from said kon rod; THENCE departing the easterly line of said Lot 2R, Block 2, with the saulhedy right -of -way line of Interstate Highway 20 the fallowing: Southeasterly along said curve, through o central angle of 00' 1B' 23 ", an am distance of 10.05 feet, with a chord bearing of South 81'43'55' East and a chord distance of 10.05 feet to a Texas Highway Department Monument found for corner, South 65' 29' 00° East, o distance of 113.16 fast to a 5/8 Inch from rod with a yellow plastic cap stamped 'Dunaway Assoc, Inc.' found; South 71. 24' 00' East, a distance of 200DO feat to a 5/8 inch Ion rod; South 79' 19' 00' East, a distance of 196.21 feel to a 5/8 Inch Iron rod; South 69° 02' 00 East, o distance of 218.31 feel to a 5/8 Inch Iron rod found for the beginning of a non - tangent cum the left, the radius point of said cane being situated North 20' 57' 37" East a dfslance of 1,452.40 feet from said Iron red; Southeasterly along said curve, through a central angle or I6' 04' 04', an arc dlstance of 407,30 feel, with a chord bearing of South 77' 04' 25" East and a chord dlstance of 405.97 feel to a point from which a TzDOT Monument bears N43'30'51" East a dlslonce of 0.41 feel; South 84' 26' 00 East. a distance of 155.96 feet to a 5/8 Inch Iron rod found for the beginning of a non - tangent l curve to the right the radius point of sold curve being situated South 00. 34' 57' so d point; East o distance of 924.93 feat from Southeasterly along sold curve, through a ca.tmi angle of 21. 23' 48', on arc distance of 345.41 feet, nith a chord b-1-9 of South 79' 53' 03` East and o chord distance of 343.40 feel to a found Texas Highway Department Monument found for the end of sold curve; South 28' 56' 00" East, o distance of 130.25 feat to the POINT OF BEGINNING; CONTAINING o computed area of 28.939 acres (1,260,592 square feet) of land NOV, THEREFORE KNOW ALL NEN BY THESE PRESENTS That, WAL -MT STORES TEXAS, LP., tMg by nil ttvough the and =_rsignetl, Its tluty tharizetl gent, tloes hereby apt <Ns plat deslg tin tlo L e the h =" bave described real property �t ntl Lot qR, Hlock 1R, SgUTHVEST ROSSBJG as Lot R, lo 2, lot 3R ADDITION, an addition to the Citlas of ArlMgton o ntl Kennedale, Texas and tloes hereby dedicate to the pubUC's use the right s -oF -way and easements shown thereon, T xcept private easen ts. WITNESS UNDER NY HAND THIS T DAY OF 2007 None (title) AL STORES TEXAS, LP STATE OF ARKANSAS X COUNTY Or BEUT0:1 H Before e, the underslgned, a Notary P d tic In an fore Me, 1 sold C t nil n Stote, this day perso rally 1. ap bseribed to the Foregoing instrument, and ad n. to tie t he /she .....Avd the sons for the de d or f ,W STORES TE%h,rel expressed, in the cap therein stated, and as the act Given antler ny hand and seat of aFflea this th day of 2007 vruvlm NRL� Notary Pubik, State of Arkansas uY cau eSsrow —Ra. ENGINEER /SURVEYOR OWNER /DEVELOPER DUNAWfAY ASSOCIATES, L.P. I'7AL -LLART STORES TEXAS LP 1601 MERRIdAC CIRCLE 2001 S.E. 10TH STREET SUITE 100 FT. WORTH, TEXAS 78107 BENTONVILLM AR 72716 -0550 (817) 335 -1121 (PHONE) (479) 273 -4000 (PHONE) (617) 429 -1370 (PAX) CONTACT: GORDON JOHNS VICINITY MAP fr =2aooy City of Kennedale This Prat Approved by ?he City Nenoger of the City of Kennedale, Texas on (his day of 2007, City Hanagrr Cly Secretary Approved by the Illy o1 Adfngran Plunnvrg and Zonrng C..a'. on the day of 2001: Chairman - Ph a;hg and Zoning C m;SS;aA Secretory - Plann(ng and ZonbJg Comaukelon THE PURPOSE OF THIS AMENDED PLAT IS TO CORRECT THE RIGHT -OF -NAY DEDICATION AND PLAT BOUNDARY (BEARINGS AND DISTANCES) SHOWN ON THE FINAL PLAT (CABINET A, SLIDE 11957) TO CONFORM WITH THE RIGHT -OF -WAY FOR LITTLE SCHOOL ROAD AS DEDICATED BY INSTRUMENT NUMBER D206242956, D.R.T.C.T, AN AMENDED PLAT of SOUTHWEST CROSSING ADDITION an addition to the Cities of Arlington and Kennedale Being an amendment of Lots 1, 3, and 4, and Block 1, Southwest Crossing Addition to the Cities of Arlington and Kennedale as recorded in Cabinet A, Slide 11957, Plat Records of Tarrant County, Texas being situated in the 11.P. Lamar Survey, Abstract No. 987, the Lawrence Ramey Survey, Abstract No. 1336, and the David Strickland Survey, Abstract No. 1376, Tarrant County, Texas 28.939 acres total - l. lots JUNE 20, 2007 7UE CITY DF ARUNG10tJ IS NOT RESPONSIBL FOR THE OESICJJ CONSTRUCBOY N ERATIOtI LIAINTEI(AI'm OR USE CE THE WATT''R STQRA[E Egf]I IIY (DEIFNnnU P01101 ANrI g550CIA D ORAINACF etc He IJ I n RNROIhLEN75 TO DE DEVEI OP D AND CQYSTRUCTED By OEJn' OPER OR HIS UCCESSORS L�1 4 fttu, INDEUNIFY DEFEND. AND Halo HARlAESS THE CITY OF AR WGTOtJ 1T9 OFDGERS EUPLOY' ANO AGENTS FOni IP 001ECT LQSS DAUACE. LIABIUIY Ofl PENS At10 ATTORf FY EEF FOR ANV 11 C I[ ARI LQVSR2DCBON OPERADQ! tlAi e LN/T Q THE DESICh OF nJE FORECniNr A NTS INCLUDINr ANY ! fW- PERFO4lAANfE pEV OPER {lll RE0. E ANY I h RF ALL F F INC UDING ANY PRlZOP�TY OaVERS Ac50tlARQY TO AL PT fib R SPQ SIBII I A Al D IARI ITY RIPROVEMFI I, All J- THE 90Vf SHAT l R rJJANTa RUNNitlr, 1..... ... 1 rum pEVEIOaER SHA IIAPO 1HF ----- -mil- -F ��COYhAr.TS IWa! 10T t LOT 2 L07 3 AND 1 OT 4 AB111OYC ADIACENT OP < l 9Y Th IlIPROVIAENiS THE COViT INCIU LOBI IGAl10N AND RESPONS18IN7Y OF MAIr TAPlING Ah0 OPERATING SAID III PflOVT JARS RJPROVZIENTS IS (RANTED Tn THE CITY EQR ANY PLIap05 R lE0 TO 1HF FYFRn CC r_t nntxc , ACCESS TO THE FUNCTLOpIS R7C1_UOING BUT NDT UIdITFD T0. FlRF Af.'n rnI IK A a�aDwcCnnn INc n n n ! ll{cF�'.25 44 n LlN1F R fl' "I.1 0 CU M C�l S C' cl U) 10 23 C) C11 0 10 _3 W! his? 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