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2008_05.20 CC PacketNotice is hereby given that a Work Session will commence at 5:30 p.m., and a Special Meeting will commence at 7:00 p.m. by the governing body of the City of Kennedale, Texas, on the 20 day of May 2008 at 405 Municipal Drive, Kennedale Municipal Building, Kennedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED NOTICE) Dated this 15 day of May 2008. By: Bryan Lankhorst, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the governing body of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on May 15, 2008 at 4:00 P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the City Secretary's Office at (817) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be By: Kathy Tu ner, TRMC City Secretary CITY OF KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL SPECIAL MEETING — MAY 20, 2008 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. WORK SESSION — COUNCIL CHAMBERS — 5:30 PM SPECIAL SESSION — COUNCIL CHAMBERS — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Tarrant County road projects. b. Fire Station. C. Investment Report. C. Discuss and review any item on the agenda, if needed. II. SPECIAL SESSION — 7:00 PM III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. 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. V. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor Pro -Tem AGENDA CONTINUED PAGE 2 KENNEDALE CITY COUNCIL MAY 20, 2008 VI. OFFICIAL CANVASS OF ELECTION a. Review and consider approval of Resolution No. 248, canvassing May 10, 2008 General Election. b. Mayor Pro -Tem, John Clark will present a plaque to outgoing Councilmember, Ronnie Nowell. C. City Secretary will issue Statement of Elected Official and Oath of Office to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. d. Mayor Pro -Tem, John Clark will present a Certificate of Election to re- elected Councilmember David D. Green, and newly elected Councilmember Kelly Turner. e. Review and consider approval of Election Register. VII. 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. Consider approval of Investment Report. b. Consider Pennsylvania reconstruction inspection services. C. Consider award of bid for Live Scan. d. Consider approval of Resolution No. 249, designating the Kennedale News as the official newspaper and the Fort Worth Star Telegram as the alternate newspaper for the City. e. Consider award of bid for refurbishing driveway at Fire Station. V Consider approval of Ord nance No. 396, amending the creation of the Parks and Recreation Board. VIII. REGULAR ITEMS Review and consider approval of Ordinance No. 395, amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new "C -0" Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district. AGENDA CONTINUED PAGE 3 KEANNEDALE CITY COUNCIL MAY 20, 2008 VIII. REGULAR ITEMS CONTINUED. h. Review and consider approval of Ordinance No. 400, amending the Zoning Ordinance of the City of Kennedale, Texas, as amended, by amending the authority of the Planning and Zoning Commission and the City Council to allow the consideration of different zoning classifications when reviewing a zoning application; and providing for the notice for public hearings on zoning amendments. Public hearing, review and consider approval of Ordinance No. 397, 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 changeable electronic variable message sign (CEVMS) and sign code application area, and amending off - premise sign and regulations governing them. 1. Staff presentation of case 2. Public Hearing 3. Action on case Review and consider approval of Ordinance No. 398, regulating Secondary Metal Recyclers. k. Review and consider approval to authorize City Manager to execute an agreement with the City of Fort Worth for household hazardous waste disposal. Review and consider approval of Ordinance No. 399, amending the existing Gas Franchise between the City and Atmos Energy Corporation to provide for a different consideration. m. Review and consider approval to authorize City Manager to make emergency expenditure for the replacement of the well pump and motor on Trinity Well Site #2. IX. EXECUTIVE SESSION a. 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 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. XI. ADJOURNMENT CI C V/VEDALE 405 Municipal Drive, Kennedale, Texas 76060 01 A L- 1 1111 INN N N • 51 11! � 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: 1. 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 R a a a a a a a a a a a a a a a a a a a a a a a a a a a a N a a a a a a a a a a a a a a a a a a a a a a a a a a 0 E a a a a a a a 0 1 APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: Address: Su 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. 16- Staff Report To the Honorable Mayor and City Council Date: May 15, 2008 Agenda Item No: I. a -d Subject: work Session Originated by: Kathy Turner, City Secretary Summary: Discussion will take place on the following items. a. Tarrant County Road Projects. b. Refurbishing of driveway at Fire Station. c. Investment Report. d. Any item on the agenda, if needed. Recommendation: Disposition by Council: IIII II �II � 1 � 1 � HIM To the Honorable Mayor and City Council Date: May 15, 2008 Agenda Item No: V. Subject: Reports /Announcements Originated by : Katby Turner, City Secretary Summary Reports /Announcements a. City Manager b. City Council c. Mayor Pro -Tem Recommendation: Disposition by Council: Q_p o't. To the Mayor and Council Members Date. May 2, 2008 Agenda Item No: VIII. -h Subject: Modified Zoning Originated by: Larry Hoover, Community Development Specialist Summary: Please find attached the proposed amendment to Section 17 -429 (e) & (h) to allow modified zoning. Modified Zoning would allow the Planning and Zoning Commission and /or the City Council when considering a rezoning application to have the authority to recommend and /or approve any zoning classification having a lesser intensity and being more restrictive than the zoning designation requested by the applicant. The Planning and Zoning Commission approved the amendment to Section 17 -429 (e) & (h) on April 17 with a 7 -0 vote. Note: Agenda Item C ( "C -0" Retail Commercial District) and D (Modified Zoning) are referenced on the same Ordinance. Recommendation: Staff recommends approval x 1 1 WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Kennedale heretofore adopted Ordinance No. 40 as the Comprehensive Zoning Ordinance of the City of Kennedale, providing for the regulation of land uses within the city limits; and WHEREAS, the City Council deems it necessary and in the best interest of the pubic health, safety and welfare to provide the Planning and Zoning Commission and the City Council with greater flexibility when evaluating zoning applications. Section 17 -429 of the Kennedale Zoning Ordinance is hereby amended to read as follows: Sec. 17 -429. Amendments. (a) General. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or (05/14/08) Page 1 repealed. An amendment to this article may be initiated at the request of the owner or his or her agent, the city manager, the planning and zoning commission, or the city council on its own motion when it finds that the public may benefit from the consideration of such matter. (b) Procedure. All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the city manager or his or her designated administrative official, who shall cause notices to be sent and the petition or application placed on the planning and zoning commission agenda. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment, however all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing. (c) Posting sign. The city manager, or his or her designated administrative official, shall have at least one (1) sign erected on the property to be rezoned which sign shall have a total area of at least four (4) square feet. This sign shall, if possible, be located adjacent to a street and in a conspicuous place. The sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council or when the applicant withdraws the request, whichever comes first. The sign shall state that a zoning change has been requested on that particular property and the telephone number of the city offices from where dates of public hearings and more information about the zoning request may be obtained. The erection or continued maintenance of sign shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing. (d) Hearings and notices. Any supplement or change to the boundaries of the districts or the regulations herein established shall only be effective upon the adoption of an ordinance by the city council after receiving a report thereon from the planning and zoning commission. A public hearing on such amendment, supplement, or change shall be held by both the planning and zoning commission and the city council. Written notice of the public hearing before the planning and zoning commission shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the zoning request is made. Such notice shall be given more than ten (10) days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last city tax roll. Such notice may be given by depositing the same properly addressed and postage paid in the United States post office. Notice of the public hearing before the city council shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such (05/12/08) Page 2 hearing, which time shall be more than fifteen (15) days from the date of publication. Publication of such change shall be accomplished by publishing a descriptive statement of the proposed change. (e) Planning and zoning commission consideration and report. The planning and zoning commission, after conducting a hearing on a zoning request, shall report its recommendations on the zoning request to the city council for their consideration. The planning and zoning commission may recommend favorable approval of the request or that the request be denied, with or without prejudice. The recommendation of the planning and zoning commission shall automatically be forwarded to the city council for public hearing and consideration. When the planning and zoning commission recommends that the proposal should be denied, it shall report the same to the city council and the applicant. Furthermore, notwithstanding any provision to the contrary, the planning and zoning commission in considering a rezoning application shall have the authority to consider and recommend approval of any zoning classification set forth in the Zoning Ordinance having a lesser intensity and being more restrictive than the zoning designation requested by the applicant. (f) Application not to be considered for ninety (90) days after denial of request for rezoning. No application for rezoning shall be considered within ninety (90) days of denial of a request by the city council for the same classification on the same property. (g) Protest against change. In case of a protest against such change signed by the owners of twenty (20) percent or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, such amendment shall not become effective except by the favorable vote of three - quarters (3/4) of all members of the city council. (h) Action on application. The proponent of any zoning change shall satisfy the city council that either the general welfare of the portion of the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council's satisfaction, it may grant the requested zoning change; or it may change the zoning designation on a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character. Furthermore, not withstanding any provision to the contrary, the City Council acting on the recommendation of the Planning and Zoning Commission or on its own initiative, in considering a rezoning application may consider and approve any zoning classification set forth in the City's adopted Zoning Ordinance having a lesser intensity and being more restrictive than the zoning designation requested by the applicant. (05/14/08) Page 3 (i) Site plan and supporting documents required, petition for zoning district change, conditional use permit or special exception. When, in the opinion of the city manager or his or her designated administrative official, the planning and zoning commission, the city council, or the board of adjustment, greater information is required from the applicant concerning the nature, extent and impact of his or her request than supplied with his or her application for a change in zoning, variance, conditional use permit or special exception, in order to properly review and evaluate all relevant factors thereof, the applicant may be required to submit a site plan and /or supporting documents conforming with all or a portion of the requirements set forth in this section, prior to a decision being rendered thereon. The applicant is encouraged to meet with the city manager or his or her designated administrative official in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the application. The general type and extent of plans and supporting documents which may be required of the applicant include, but are not necessarily limited to: (1) Site plan. Meeting all of the requirements of a "preliminary plat," as described in the city's subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project's scope. Additional site plan drawing information which the reviewing body may require includes: a. Existing and proposed zoning district; b. A tabular summary schedule indicating: 1. The gross acreage and percent of each type of zoning category proposed; 2. The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single - family, two - family, multi- family, townhouse, etc., including the total gross project acreage; 3. The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one -half ( 1/2) of any abutting street only; (05/12/08) Page 4 4. The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single - family, two- family, etc.; and 5. Proposed maximum lot coverage by .building and land use types, i.e., "AG," "R -1," "R -2," 11 R -3," "OT," "D," "MF," "C -0," "C -1," "C -2," and "I" expressed in terms of percent or floor area ratio of the lot or site; C. General outline of extensive tree cover areas; d. Drainageways and one - hundred -year floodplain limits; e. Proposed treatment for screening the perimeter of the land embraced by the application, including screening of internal separations of land uses, where required; f. Proposed internal non - vehicular circulation linkages, such as: pedestrian paths and hike trails; bike trails; and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict; and (2) Architectural drawings. Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals; and (3) Written documents. In narrative form on eight and one -half- inch by eleven -inch sheets, including: a. Statement(s) on planning objectives to be achieved in the proposed use /development of the property, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.; b. Legal description of the total site area proposed for rezoning, development, or conditional use permit; C. A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed, to the best of the applicant's knowledge and belief; (05/14/08) Page 5 d. A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application; e. Economic feasibility and /or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit; f. Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment; g. Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and h. At the conclusion of the written documents, a certification that the information presented in the plans and supporting documents reflects a reasonably accurate portrayal of the general nature and character of the proposal, with the signature and title of the applicant and the date of the application. SECTION 2. 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. Q 1191 Z" 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, (05/12/08) Page 6 sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Kennedale is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 14:1"0 [ 7 0 E• This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 20 DAY OF MAY, 2008. MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (05/14/08) Page 7 k_1=14 To the Mayor and Council Members Date: May 7, 2008 Agenda Item No: VIII. -i Subject: Amendment to Sign Ordinance Originated by: Crystal Tort, Planning Assistant Summary: On February 28, 2008, the TxDOT highway commissioners voted to allow multi - colored electronic changeable message light emitting diode (LED) billboards in our city and our extraterritorial jurisdiction (ETJ) beginning June 1, 2008. Before TxDOT is allowed to issue a permit for a LED, the applicant must first obtain the City's permission. Therefore, in order to prohibit these LED signs the city must take immediate action. We are proposing to amend the existing Sign Ordinance to prohibit changeable electronic variable message signs, which would consist of new billboard construction and the conversion of existing billboards into changeable electronic variable signs. Please find attached the proposed Ordinance to amend Section 17 -502 Definitions and Section 17 -514 Prohibited Signs. Also attached for your information is a letter from Scenic Texas Inc informing the City of Kennedale of the new TxDOT rules allowing Digital Billboards. On April 17, 2008 the Planning and Zoning Commission voted unanimously to approve the Amendment to the Sign Ordinance. Recommendation: Staff recommends approval Disposition by Commission: WHEREAS, the City of Kennedale is a home rulg/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, the City Council heretofore adopted comprehensive sign regulations codified in Chapter 17, Article VII of the Ken WHEREAS, the City Council agrees Architects' determination that outdoor City Code; and the American Society of Landscape ing signs tend to deface nearby scenery, whether natural or built, rural or urban; a WHEREAS, the City Council agrees with courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen form the high ay, whether the view is untouched or ravished by t man, and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic) mprovement; and WHEREAS, the City Council has determined that in order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and these regulations are a highly contributive means by which to achieve this desired end and have been prepared with the intent of enhancing the visual environment of the City and promoting safety and Page 1 of 5 Mi. B , •' A WHEREAS, the City of Kennedale 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, the City Council heretofore adopted comprehensive sign regulations codified in Chapter 17, Article VII of the Kennedale City Code; and WHEREAS, the City Council agrees with the American Society of Landscape Architects' determination that outdoor advertising signs tend to deface nearby scenery, whether natural or built, rural or urban; and WHEREAS, the City Council agrees with courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen form the highway, whether the view is untouched or ravished by man, and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement; and WHEREAS, the City Council has determined that in order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and these regulations are a highly contributive means by which to achieve this desired end and have been prepared with the intent of enhancing the visual environment of the City and promoting safety and continued well- being; and (05- 16 -08) Page 1 of 4 WHEREAS, the City Council has determined that off - premise signs, including billboards, are inconsistent with the above - stated goals; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission on the 17 day of April, 2008, and by the City Council on the 20 day of May, 2008, with respect to the amendments described herein. Section 17 -502, "Definitions ", of the Kennedale City Code, is hereby amended by adding or amending the following definitions: Changeable electronic variable message sign (CEVMS) shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right -of way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard. Amend: Off - Premise Sign shall mean any sign, including billboards, that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained. Section 17 -514, "Prohibited Signs ", of the Kennedale City Code, is hereby amended by the addition of the following prohibited sign: (16) Off - premise Signs. No construction permit shall be issued for the erection of a new off - premise sign, including but not limited to a new off - premise CEVMS or the conversion of an existing non -CEVMS off - premise sign to a CEVMS. (05- 16 -08) Page 2 of 4 This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provisions of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. 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. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any ordinances affecting signs that have accrued at the time of the effective date of this Ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. (05- 16 -08) Page 3 of 4 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 ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (05- 16 -08) Page 4 of 4 41 W NIC TEXAS Inc. March 26, 2008 Bryan Lankhorst Mayor Of Kennedale 405 Municipal Dr Kennedale, TX 76060 -2249 3015 Richmond Avenue, Suite 220 Houston, Texas 77098 713.533.9149 fax 713.629.0485 ' i / / ; mrol Dear Mayor Lankhorst On February 28, 2008, the TxDOT highway commissioners voted to allow multi - colored electronic changeable message light emitting diode (LED) billboards in your city and your city's extraterritorial jurisdiction (ETJ) beginning June 1, 2008. Unless you take immediate action, you may soon have signs that look like giant color TV screens with brilliant messages dominating your city's appearance. But, unlike a TV, you will have no control over the on/off button and no ability to switch stations since content is protected by the First Amendment Free Speech clause. What exactly will happen? On June 1, the new rules will allow outdoor advertisers to apply for an unlimited number of LED permits across the state. The applications will be to erect brand new LED billboards or to convert existing billboards into LEDs along every Interstate and Federal Highway that runs through your corporate and ETJ limits. Before RDOT is allowed to issue a permit for a LED, the outdoor advertising applicant must first obtain the city's permission. What can you do to protect your city? Adopt the attached suggested ordinance language (or other language recommended by your city attorney) if your city does not currently prohibit new off - premise billboards and converted LED billboards in both the corporate and ETJ limits. If you do not act, you may have no legal basis to refuse an application. Once these billboards are turned on, it will be virtually impossible to unplug them, and you will be watching the face of your city change forever. Why shouldn't the city allow LED signs? First, the Federal Highway Administration recently announced plans to publish a report on LED billboard safety in the latter part of 2009. Second, the intrusive nature of LED billboards has become increasingly apparent given the adverse public reaction across the country. Third, for future highway improvements /widenings, LED billboards will result in higher condemnation costs to the taxpayers. Fourth, there have been numerous citizen concerns about any added light and noise pollution that may be emitted from these billboards. Finally, a prohibition will put your city in the strongest possible legal position before applications are filed on June 1. Prohibiting changeable message LED billboards now An Affiliate of Scenic America, Inc. www,seenictexas.org scenic @scenictexas.org i IYii =11l 1 ' Changeable electronic variable message sign ( CEVMS) shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right -of -way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard. Off-premise sign shall mean any sign, commonly known as a billboard, that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained. ®n- premise sign shall mean any sign identifying or advertising the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes. Sign Code Application Area shall mean the corporate limits of the city and the area of its extraterritorial jurisdiction as defined by Section 42.021 of the Local Government Code. Prohibitions: Prohibition of New Off- premise Signs. From and after the effective date, no new construction permit shall be issued for the erection of an off - premise sign, including but not limited to a new off - premise CEVMS or the conversion of an existing non -CEVMS off - premise sign to a CEVMS, within the Sign Code Application Area. Prohibition of Changeable Electronic Variable Message Signs. From and after the effective date, no CEVMS shall be allowed within the Sign Code Application Area. [See footnote.] The following findings, definitions and prohibitions are suggested if adopting a prohibition of new billboard construction and a prohibition of the conversion of existing billboards into changeable electronic variable message signs (CE S) in the corporate and ETJ limits. Findings ° Whereas the city council agrees with the American Society of Landscape Architects' determination that outdoor advertising signs tend to deface nearby scenery, whether natural or built, rural or urban; Whereas city council agrees with courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway, whether the view is untouched or ravished by man, and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement; Whereas the city council has determined that outdoor advertising signs, including changeable electronic variable message signs, pose a distraction to drivers, bikers and pedestrians from the roadway; Whereas the city council has determined that in order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and these regulations are a highly contributive means by which to achieve this desired end and have been prepared with the intent of enhancing the visual environment of the City and promoting safety and continued well- being; Whereas the city council has determined that these regulations maintain and enhance the aesthetic environment, improve pedestrian and traffic safety, lessen unnecessary visual clutter that competes for the attention of pedestrian and vehicular traffic, regulates signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians, conserve, protect, and enhance the aesthetic quality of the City, protect property values by precluding sign -types that create a nuisance to the occupancy or use of other properties; Whereas the city council has determined that off - premise signs, commonly known as billboards, are inconsistent with the above - stated goals; Whereas the city council has determined that changeable electronic variable message signs (CEVMS), as defined herein, are inconsistent with the above - stated goals; Whereas the city council finds that Section 216.902 of the Local Government Code provides for the application of its outdoor advertising sign regulations to extend into the extraterritorial jurisdiction (ETJ) of the city. will provide you with time to hold public hearings, carefully study these issues, and make an educated decision about the full impact these signs will have on the citizens of your city and visitors to your city. Scenic Texas, Inc. is a non - profit public policy organization dedicated to the preservation of Texas' scenic views, particularly as seen from our interstates, highways and streets. For more information on the safety, condemnation costs, scenic and other environmental impacts and public reaction to these signs, or to simply see what these signs look like in other states, go to www.scenictexas.org We are happy to answer questions or provide more information on this or other scenic issues. Please call Margaret Lloyd, our Policy Director, at 713 -533 -9149 or 713- 898 -2819 or email her at lloydkscenictexas.org Enclosure: Proposed ordinance language Agenda Item No: VIII . - i Subject: Ordinance Regulating Secondary Metal Recyclers Originated by: Bob Hart Summary: Many public and private facilities in North Central Texas have experienced the theft of copper and other valuable metals. Law enforcement agencies have worked diligently to help prevent these crimes with mixed success. The North Central Council of Governments is recommending cities adopt an ordinance to require record keeping of those persons selling metals and to permit police officers to hold metals during investigations. Regulations such as these will discourage the purchase of stolen metals and assist officers and deputies in their work. Attached is a rough draft of the ordinance which is being edited by Wayne Olson, City Attorney. Recommendation: Staff recommends approval of this ordinance CADocuments and Settingsl cbrown lmydocumentslsamplestaffreport SEC 4013 ®1. PURPOSE. This chapter is an exercise of the, city's police power to promote, through,,regulation of secondary metals recyclers, the recovery of stolen property. Thus chapter pr�Vides licensing and record�eeping requirements and enforcement procedures that will able the police department to identify and recover public and private property composed o certain metals that may have been`itlegally appropriated. 673*0M- 1 In this chapter: (1) CHIEF means \, the chief of police for the City of _ Kennedale or a designated representative. (2) FERROUS METAL means a metal that cc (3) HOLD NOTICE means itten notification stating that the secondary etals recycler regulated metal property tha 'the chief/h stolen. (4) LICENSEE means a person in chapter or a person listed as an ntain � significant quantities of iron or steel. l ,the chief to a secondary metals recycler ,may not sell, redeem, or dispose of certain as reasonable cause to believe has been name a license has been issued under this it on the application for a license. (5) NONFERROUS METAL means a metal'that does not contain significant quantities of iron or steel, including, bu not limited to, , ,copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloy's. (6) PASSPORT means a �ssport issued by the United States government or issued by another country and fecognized by the United States, government 1 (7) PERSON mean? /an individual, partnership, corporation, joint venture, trust, association, an 'd any other legal entity. (6) PERSONAL IDENTIFICATION CERTIFICATE means a personal identification card issued by Texas Department of Public Safety under Chapter 521, Subchapter E of the Texas Transportation Code, as amended, or a similar,card or certificaste issue , by another state. (9) PU CHASE TRANSACTION means a transaction in which a secondary metals r cycler gives consideration in exchange for regulated metal property. (1 REGULATED METAL PROPERTY means any item composed in whole o in part of - any ferrous or nonferrous metal, other than an item composed in whole of ti . (11) SECONDARY METALS RECYCLER means any person who: 1 WHEREAS, the current City Code of the City of Kennedale does not provide for the regulation and licensing of secondary metal recyclers; and WHEREAS, the City Council deems it necessary to exercise the City's police power to promote, through regulation and licensing of secondary metal recyclers, the recovery of stolen property; and WHEREAS, Chapter 1956 of the Texas Occupations Code permits a municipality to adopt a rule or ordinance that imposes standards that are more stringent than those imposed by Chapter 1956 of the Texas Occupations Code; and WHEREAS, the City Council has determined that requiring secondary metal recyclers to maintain certain records is a necessary exercise of the City's police power to promote the recovery of stolen property; and WHEREAS, the City Council has determined that requiring secondary metal recyclers to hold regulated metal for no less than seventy -two hours to allow peace officer inspections for suspected stolen property is a necessary exercise of the City's police power. 1 Chapter 11 of the Kennedale City Code is hereby amended by adding Article X which reads as follows: This chapter is an exercise of the City's police power to promote, through regulation of secondary metal recyclers, the recovery of stolen property. This chapter provides licensing and recordkeeping requirements and enforcement procedures that will enable the Police Department to identify and recover public and private property composed of certain metal that may have been illegally appropriated. SEC. 11 -252. DEFINITIONS In this chapter: Bales of recycled metal. Metals processed with professional recycling equipment by compression, shearing, or shredding, to a form in which it may be sold by a secondary metal recycler consistent with industry standards. Ferrous Metal. A metal that contains significant quantities of iron or steel. Hold Notice. Written notification by the Chief of Police as herein defined to a secondary metal recycler stating that the secondary metal recycler may not sell, redeem, or dispose of certain regulated metal property that the Chief of Police has reasonable cause to believe has been stolen. Licensee. A person in whose name a license has been issued under this chapter or a person listed as an applicant on the application for a license. Nonferrous metal. A metal that does not contain significant quantities of iron or steel, including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. Passport. A passport issued by the United States government or issued by another country and recognized by the United States government. Person. An individual, partnership, corporation, joint venture, trust, association, and any other legal entity. 2 Personal Identification Certificate. A personal identification card issued by the Texas Department of Public Safety under Section 521.101 of the Texas Transportation Code, as amended, or a similar card or certificate issued by another state. Purchase Transaction. A transaction in which a secondary metal recycler gives consideration in exchange for regulated metal property. Regulated metal property. Any item composed in whole or in part of any ferrous or nonferrous metal, other than an item composed of tin, as defined herein. Secondary Metal Recycler. Any person who: (a) is engaged in the business of purchasing, collecting, or soliciting regulated metal property; or (b) operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer or salvage. Seller. Any person who, in a purchase transaction, receives consideration from a secondary metal recycler in exchange for regulated metal property. Tin. Metal consisting predominantly of light sheet metal ferrous scrap, including, large and small household appliances, construction siding, and construction roofing. (a) A secondary metal recycler shall maintain an accurate and legible record of each purchase transaction. Each transaction must be recorded separately. (b) The record of each purchase transaction must be in English and contain the following information: (1) the name and address of the secondary metal recycler; (2) the name, initials, or other identifying information, of the individual recording the information required by this section for the secondary metal recycler; (3) the seller's name, address, sex, birth date, and the identifying number from the seller's driver's license, military identification card, passport, or personal identification certificate; (4) the license number, color, and style or make of any motor vehicle in which the regulated metal property is delivered in a purchase transaction; 3 (5) the date and time of the purchase transaction; (6) the weight, quantity, or volume, made in accordance with the custom of the trade, of the regulated metal property purchased; (7) a general description, made in accordance with the custom of the trade, of the predominant types of regulated metal property purchased in the purchase transaction; (8) the amount of consideration given in a purchase transaction for the regulated metal property; (9) a signed statement, in a form approved by the Chief of Police or designee, from the seller in a purchase transaction affirming a legal right of ownership and the right to sign over title to the regulated metal property offered for sale; and (10) a photograph, videotape, or similar likeness of the seller that clearly depicts the seller's facial features. (c) A person selling or attempting to sell regulated metal property to a secondary metal recycler shall: (1) display to the secondary metal recycler the person's driver's license, military identification card, passport, or personal identification certificate; and (2) sign a written statement provided by the secondary metal recycler affirming that the person is the legal owner of, or is lawfully entitled to sell, the regulated material offered for sale. (d) The secondary metal recycler or the recycler s agent shall visually verify the accuracy of the identification presented by the seller at the time of each purchase of regulated metal property. (e) After notice from the Chief of Police or designee of the fraudulent or forged nature of a particular driver's license, military identification card, passport or personal identification certificate, the secondary metal recycler shall refuse to accept said fraudulent or forged document for the purpose of complying with the requirements of this chapter. The notice required under this subsection shall include a copy of the fraudulent or forged driver's license, military identification card, passport or personal identification card. (f) A secondary metal recycler shall maintain on file the information, including photographs, required by this section for not less than one year from the date of the purchase transaction. A secondary metal recycler shall make these records available M for inspection by any peace officer, upon request, at the secondary metal recyclers place of business during the usual and customary business hours of the secondary metal recycler. (g) The recordkeeping requirements of this section are in addition to any required by Chapter 1956 of the Texas Occupations Code, as amended. (h) It is a defense to prosecution under Subsection (b)(10) of this section that: (1) an accurate and recognizable photograph of the seller, taken within the preceding six months, was currently on file with the secondary metal recycler; and (2) at the time of the purchase transaction, the secondary metal recycler, or an employee of the secondary metal recycler, visually verified that the seller was actually the person depicted in the file photograph. SEC. 11 -254. NOTICE TO SELLERS. (a) A secondary metal recycler shall at all times maintain in a prominent place in the secondary metal recycler's place of business, in open view to a seller of regulated metal property, a notice in two -inch lettering that contains the following or similar language approved by the Chief of Police or designee: "A PERSON ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION REQUIRED BY CITY OF KEENEDALE ORDINANCE. (b) The notice required by this section may be contained on a sign that contains another notice required by law to be displayed by the secondary metal recycler. SEC. 11 -255. FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED. (a) A secondary metal recycler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the Police Department. The equipment must be operable at all times during the usual and customary business hours of the secondary metal recycler. The secondary metal recycler shall maintain the facsimile number or other access number of the equipment on file with the Chief of Police or designee and shall notify the Chief of Police or designee within 24 hours after any change in the number. (b) The Chief of Police or designee may provide to secondary metal recyclers notices of: (1) photocopies of fraudulent or forged driver's license, military identification card, passport, personal identification certificate or other document provided by sellers under this Article; (2) individuals convicted of theft of regulated metal property for offenses arising in the City of Kennedale; and (3) metal items reported or suspected stolen. PROPERTY. (a) A secondary metal recycler shall conduct all purchase transactions only between the hours of 7:00 a.m. and 7:00 p.m. (b) A secondary metal recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller is an employee, agent or person who is authorized to sell the item of regulated metal property on behalf of the governmental entity, utility provider, railroad, cemetery, civic organization or secondary metal recycler: (1) A utility access cover; (2) A street light or electric pole, and any of their fixtures or hardware; (3) A road or bridge guard rail; (4) A street sign, traffic sign or traffic signal, and any of their fixtures or hardware; (5) A water meter cover; (6) Any metal marked with any form of the name or initials of a governmental entity, including the City of Kennedale, another municipality, and the state of Texas; (7) Property owned by a telephone, cable, electric, water or other utility provider, including communication, transmission and service wire; (8) Railroad equipment, including but not limited to a tie plate, switch plate, E clip or rail tie junction; (9) A funeral marker or funeral vase; (10) A historical marker; (11) Bales of recycled metal; (12) A copper or aluminum condensing or evaporator coil from a heating or air conditioning unit; or 2 (13) An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts. (c) A secondary metal recycler shall maintain on file the information required by Subsection (b) of this section for not less than one year from the date of the purchase of the item of regulated metal property. A secondary metal recycler shall make these records available for inspection by any police officer, upon request, at the secondary metal recycler's place of business during the usual and customary business hours of the secondary metal recycler. (d) A secondary metal recycler shall not purchase any item of regulated metal property from an intoxicated person. (a) A secondary metal recycler shall, during the usual and customary business hours, allow a peace officer to: (1) inspect a secondary metal recycler's place of business; (2) copy or verify the correctness of documents, including records or reports required to be kept under this chapter; and (3) examine or inspect metal inventory. (b) A secondary metal recycler who fails or refuses to comply with any part of Subsection (a) above violates this chapter. The failure or refusal is grounds for suspension or revocation of a license SEC. 11 -257. 72 -HOUR HOLD ON REGULATED METAL PROPERTY; SEGREGATION, LABELING, AND INSPECTION OF REGULATED METAL PROPERTY; EXCEPTIONS. (a) Except as provided in Subsection (c) of this section, a secondary metal recycler shall retain possession of purchased regulated metal property at the secondary metal recycler's local place of business and withhold the property from alteration, processing, resale or salvage use for 72 hours after purchase, unless the property is released sooner by written order of the Chief of Police or designee or by order of a court of competent jurisdiction. (b) Except as provided in Subsections (c) of this section, a secondary metal recycler shall segregate all regulated metal property purchased from a seller from regulated metal property purchased from other sellers and attach to the property, or to the container in which the property is held, a label indicating the name of the seller, the date on which the property was purchased and the number of the receipt on which the purchase information is recorded. If in any single purchase transaction, there are multiple items of regulated metal property of the same general type, only one representative item from each type of regulated property must be segregated and labeled in accordance with this subsection. (c) The hold, segregation, and labeling requirements of Subsections (a) and (b) of this section do not apply to any item of regulated metal property composed predominantly of ferrous metal material, unless the secondary metal recycler has received notice that the Chief of Police or designee has, in accordance with this subsection, designated the item or type of item as being subject to those requirements. The Chief of Police or designee shall periodically review theft statistics on ferrous regulated metal property and establish a list of items or types of items that the Chief of Police or designee determines are subject to the requirements of Subsection (a) and (b). A current list must be maintained on file in the Chief of Polices designee's office, or in another designated office of the Police Department, so that it may be inspected by the public during the City's normal business hours. Notice of the list must be given to secondary metal recyclers in accordance with schedules and procedures established by the Chief of Police or designee. A secondary metal recycler is presumed to have received notice of the list if the Police Department transmits the list to the facsimile number or access number provided by the secondary metal recycler under Section 11- 255 of this chapter. SEC. 11-258. HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD NOTICE. (a) Whenever a peace officer has reasonable cause to believe that certain items of regulated metal property in the possession of a secondary metal recycler are stolen, the peace officer may issue a hold notice. The hold notice must: (1) identify those specific items of regulated metal property alleged to be stolen and subject to hold; and (2) inform the secondary metal recycler of the restrictions imposed on the regulated metal property under Subsection (b) of this section. (b) A secondary metal recycler may not, for 60 days from the date of receiving a hold notice under this section, process or remove from the secondary metal recycler's place of business any regulated metal property identified in the hold notice, unless the property is released sooner by the peace officer who issued the hold notice or by order of a court of competent jurisdiction. At the expiration of the hold period, the hold is automatically released, and the secondary metal recycler may dispose of the regulated metal property unless otherwise directed by a court of competent jurisdiction. (a) A person who violates any provision of this chapter, or who fails to perform a duty required of him under this chapter, commits an offense. A person is guilty of a separate offense for each item of regulated metal property involved in a violation of this chapter. An offense under this chapter is punishable by a fine not to exceed $500. (b) It is a defense to prosecution under this chapter that the regulated metal property involved: (1) was purchased from a charitable, philanthropic, religious, fraternal, civic, patriotic, social or school- sponsored organization or from any organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; (2) was purchased from any public officer acting in an official capacity as a trustee in bankruptcy, executor, administrator or receiver; from any public official acting under judicial process or authority, or from a sale on the execution, or by virtue, of any process issued by a court; (3) consists of aluminum food or beverage containers, used food or beverage containers, or similar food or beverage containers for the purpose of recycling, other than beer or beverage kegs; or (4) was purchased from a manufacturing, industrial or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business. he: (a) A person commits an offense if, without a license issued under this article, (1) purchases regulated metal property in the city for resale or salvage use; (2) operates a business establishment in the city that purports to purchase regulated metal property for resale or salvage use; or (3) in any other manner conducts business in the city as a secondary metal recycler. (b) An application for a license must be made on a form provided by the Chief of Police or designee. Each applicant must be qualified according to the provisions of this chapter. (c) A person who wishes to purchase regulated metal property for resale or salvage use must sign the application as applicant. If the person is a legal entity, including but not limited to a corporation, partnership, association, or joint venture, each individual who has a 20 percent or greater interest in the business must sign the E application for a license as an applicant. Each applicant must meet the requirements of Section 11 -261, and each applicant will be considered a licensee if a license is granted. (d) It is a defense to prosecution under this section that, at the time of the alleged offense, the person was purchasing regulated metal property for resale or salvage use under the specific authority of a valid license issued by the State of Texas or the United States government. A license must still be obtained under this section for those activities conducted by a secondary metal recycler that are not specifically authorized by a state or federal license. (a) The Chief of Police shall issue a license to an applicant within 30 days after receipt of an application unless it is determined that one or more of the following is true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicants spouse. (3) An applicant failed to answer or falsely answered a question or request for information on the application form provided. (4) An applicant or an applicant's spouse has been convicted of two or more offenses under this chapter, other than the offense of conducting business as a secondary metal recycler without a license, within two years immediately preceding the application. The fact that a conviction is being appealed has no effect. (5) An applicant has not obtained a certificate of occupancy for the premises in which the applicant intends to do business, or the business or its location would otherwise be in violation of the City of Kennedale City Code or any other applicable city ordinance or state or federal law. (6) The license fee required by this chapter has not been paid. (7) An applicant has been convicted of a felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole or probation. The fact that a conviction is being appealed has no effect. If three years have elapsed, the Chief of Police shall, in accordance with Section 53.023 of the Texas 10 Occupations Code, as amended, determine the present fitness of the applicant to be licensed from the information and evidence presented with the application. (8) An applicant has been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated metal property, and three years have not elapsed since the termination of any sentence, parole or probation. The fact that a conviction is being appealed has no effect. (b) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the premises for which the license is granted. A license issued pursuant to this chapter is valid only for the location stated in the application. Should any licensee move a place of business from the place stated on the license to a new location, the licensee shall give the Chief of Police prior written notice and present the license to the Chief of Police to have the change of location noted on the license. (c) A license must be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time. (d) If the Chief of Police determines that issuance or renewal of a license should be denied, the Chief of Police shall send to the applicant or licensee by certified mail, return receipt requested, a written statement of the reasons for the denial and of the applicant or licensee's right to appeal. SEC. 11.262. FEES. The annual fee for a license issued under this article is $245. SEC. 11 -263. EXPIRATION OF LICENSE. Each license will expire one year from the date of issuance and may be renewed only by making application as provided in Section 11 -260. To ensure re- issuance of a license prior to expiration, application for renewal should be made at least 30 days before the expiration date. (a) The Chief of Police shall suspend a license for a definite period of time, not exceeding 30 days, if the Chief of Police determines that a licensee, an individual who is a business associate of the licensee in the same or a related business, or a corporate officer of the licensee, or an employee of the licensee: (1) committed, in the aggregate, two or more violations of this chapter within any six -month period; or 11 (2) intentionally or knowingly impeded or refused to allow an inspection by any police officer authorized under this chapter. (b) The Chief of Police shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee's right to appeal. (c) A licensee whose license is suspended may not operate as a secondary metal recycler inside the city during the period of suspension. - 6 • (a) The Chief of Police shall revoke a license if it is determined that one or more of the following is true: (1) A licensee has given a false statement as to a material matter submitted to the Chief of Police during the application process. (2) A licensee, an individual who is a business associate of the licensee in the same or a related business or a corporate officer of the licensee, or an employee of the licensee has been convicted within a two - year period of three or more offenses under this chapter. If a conviction is appealed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two -year period if the conviction is affirmed. (3) A licensee has been convicted of any felony or of a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole or probation. The fact that a conviction is being appealed has no effect. (4) A licensee has been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated metal property, and three years have not elapsed since the termination of any sentence, parole or probation. The fact that a conviction is being appealed has no effect. (5) A cause for suspension under Section 11 -264 has occurred and the license has already been suspended at least once within the preceding 12 months. (6) The licensee does not qualify for a license under Section 11- 261(a). 12 (b) The Chief of Police shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the revocation and of the licensee's right to appeal. (c) When the Chief of Police revokes a license, the revocation will continue for one year, and the licensee may not be issued a license for one year from the date revocation became final. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under Subsection (a)(3) or (a)(4) of this section, an applicant may not be granted another license within three years of the termination of any sentence, parole or probation. If the Chief of Police denies issuance or renewal of a license, or suspends or revokes a license, the aggrieved party may appeal the decision of the Chief of Police to the City Manager within 30 days. The action of the Chief of Police is final unless a timely appeal is made. The filing of an appeal stays the action of the Chief of Police in suspending or revoking a license until the City Manager makes a final decision. SEC. 11 -267. TRANSFER OF LICENSE. A licensee shall not: (a) transfer a license issued under this chapter to another; or (2) operate a business engaged in the purchase of regulated metal property for resale or salvage use under the authority of a license at any location other than the address designated in the license application. 0 k This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Kennedale, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 13 All rights and remedies of the City of Kennedale, Texas, are expressly saved as to any and all violations of the provisions of the Code of Kennedale 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 effected by this ordinance but may be prosecuted until final disposition by the courts. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases 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 to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than five hundred dollars ($500.00) for each offense. 14 The City Secretary of the City of Kennedale is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the'public and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 14=150IIQ0 This ordinance shall be in full force and effect on July 1, 2008, and after its publication as required by law, and it is so ordained. • • 1 1 11 MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 15 7 A" on/ To the Honorable Mayor and City Council Date: May 14, 2008 Agenda Item No: VL -d Subject: Mayor Pro -Tem, John Clark will issue a Certificate of Election to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner, Originated by: Kathy Turner, City Secretary Summary: Recommendation: Recommend approval. Disposition by Council: To the Honorable Mayor and City Council Date: May 14, 2008 Subject: City Secretary to issue Statement of Elected Officer and Oath of Office. Originated by: Kathy Turner, City Secretary Recommendation: Disposition by Council: CJIT ELECTED OFFICER I, David D. Green / Kelly Turner, do solemnly swear or (affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, or promised to contribute any money, or thing of value, or promised any public office or employment, for the giving or withholding of a vote at the election at which I was elected to so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. Affiant's Signature City Councilmember— Places 2 & 4 Kennedale, Tv., Tarrant County Position to Which Elected City and /or County SWORN TO and subscribed before me by affiant on this 20"' day of _ May. 2008. Signature of Person Authorized to Administer OathslAffidavits Kathv Turner Notary Printed Name Title Seal 0 F K. E. N' - N, E - D � I, David D. Green / Kelly Turner do solemnly swear or (affirm) that I will faithfully execute the duties of the Office of Councilmember for the City of Kennedale, Texas of the State of Texas and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State, and the Charter and ordinances of this City, so help me God. Affrant's Signature Sea( David Green /Kelly Turner Printed Name SWORN TO and subscribed before ine on this 20th day of May, 2008. Signature Kathy Turner Printed Name Notary Title To the Honorable Mayor and City Council Date: May 14, 2008 Agenda Item No: VI. -b Subject: Mayor Pro -Tem, John Clark will present a plaque to outgoing Councilmember, Ronnie Nowell. Originated by: Kathy Turner, City Secretary Summary: Recommendation: 0 M • • -TIT 3-1• k-_l- I MWImum To the Honorable Mayor and City Council Date: May 14, 2008 Agenda Item No: VI. -a Subject: Review and consider approval of Resolution No. 248, canvassing the 2008 General Election held May 10, 2008. Originated by: Kathy Turner, City Secretary Summary: The attached resolution is presented before Council to canvass the tabulation of each candidate for the May 10, 2008 General Election. The Home Rule Charter, Section 4.05 implies that the City Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election prior to the first regular Council meeting following delivery of the votes to the City Secretary; all in accordance with the Texas Election Code. The canvass is made not earlier than the third day or later than the eleventh day after the election date, Election Code, Section 67.003. Recommend Council approves Resolution No. 248, canvassing the May 10, 2008 General Election. Recommendation: Recommend approval. BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF A MUNICIPAL ELECTION HELD IN THE CITY OF KENNEDALE ON MAY 10, 2005 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS. WHEREAS, heretofore on the 14"' day of February 2008, the City Council of the City of Kennedale, Texas, called for an election to be held in said City on the 1 01 day of May 2008 for the purpose of electing a Mayor and two Councilmembers; and WHEREAS, said election was duly held at the time and place specified after due notice as required by law had been given by posting and publication; and WHEREAS, there were voted at said election a total of 237 ballots, on which ballot votes were cast as follows: FOR MAYOR (Two Year Term) Bryan Lankhorst 198 votes; FOR COUNCIL — PLACE 2 (Two Year Term) David D. Green 177 votes; FOR COUNCIL — PLACE 4 (Two Year Term) Kelly Turner 185 votes; W.E. "Bill" Atchley 30 votes; as is reflected by the election returns theretofore filed with the City Secretary; and WHEREAS, only qualified electors of the City of Kennedale, Texas, were allowed to vote in said election: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1. That said election was duly called; that notice was given in accordance with the law and that the election was held in accordance with law; that due return of said election has been made by the proper officers; and that the qualified electors of the City of Kennedale, Texas voting in said election, have duly elected Bryan Lankhorst as Mayor, and David D. Green, and Kelly Turner as Councilmembers of the City of Kennedale, Texas. 2. That the said Bryan Lankhorst is hereby declared to be elected to the Office of Mayor of the City of Kennedale, Texas for a term of office of two years. C : \citsecretary\resolutions\2008 resolutions \res248(05 /20/08) Pagel U2 That the said David D. Green is hereby declared to be elected to the Office of Council Place 2 of the City of Kennedale, Texas for a term of office of two - years. 4. That the said Kelly Turner is hereby declared to be elected to the Office of Council Place 4 of the City of Kennedale, Texas for a term of office of two - years. ADOPTED AND APPROVED this the 20 day of May 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED TO AS TO FORM AND LEGALITY: City Attorney C: \citsecretary\resolutions\2008 resolutions\res248(05 /20/08) Page 2 of 2 C a ® r r Ln o II 00 Ln � N Ln II ( M LO 0:) O 0 m 0 r L m V N .. N L � lU N O t > w- .0 O L .T) `o a a y �d � O s 0) Y C V J O r C C p c Z• Y m O _O M 0 0 U ®- O O m = 00 o r O O CV ® if CO — N N O M O r ® N C O O C O. N � O N U O U N U C N U U O 00 ® 0 N 0 ® O O O � F m c .� 0 N .® , • O 0 Y I LI W m r O CL CD O � W o � o W U Q r cn C tC t6 L C a ® r r Ln o II 00 Ln � N Ln II ( M LO 0:) O 0 m 0 r L m V N .. 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N N JS aU 0) > > > e+ v N > d 0 Q C M 0 LL v 0 ai a d c N Y ` W O U m O N V A °a c 0 U ( ya O G (D U W a M v m � d (•i d N O N > 01 M N O A m N 0 0 C 0 y o U c' W IL Li V c o a 'o w 0 O U L 0 N N O m 00 0 M 0 0 N 0 W C N 0 0 O O O O O o m w m 0 LL v 0 � T d N C L C U Y a Q W ` � � m U 5 W � Y V IL 9 0 U 0 0 0 N O 00 n o N 0 0 0 m n O N N N 0 N 0 0 O N (U O Cl) 00 O O �-- LO O O o 0 N (n O (n n o N m o m o o (o m N N N > > > a+ v U Q c 0 y O d O U d a M 'o m � � M r y (D M N O R m 0 0 c o y o N IL c o a F ' CD 7 O U W,1TJJ A I =I To the Honorable Mayor and City Council Date: May 14, 2008 Agenda Item No: VII. -d Subject: Consider approval of Resolution No. 249 designating the Kennedale News as the official newspaper and the Fort Worth Star - Telegram as the alternate newspaper for the City. Originated by: Kathy Turner, City Secretary Summary: In accordance to the Local Government Code, Section 52.004 Official Newspaper, as soon as practicable after the beginning of each municipal year, the governing body of the municipality shall contract, as determined by ordinance or resolution, with a public newspaper of the municipality to be the municipality's official newspaper until another newspaper is selected. The governing body shall publish in the municipality's official newspaper each ordinance, notice, or other matter required by law or ordinance to be published. A home -rule municipality may publish a caption of an adopted ordinance that summarizes the purpose of the ordinance and any penalty for violating the ordinance in lieu of a requirement in the municipality's charter that the text of the ordinance be published. The attached resolution will designate the Kennedale News as the official newspaper and the Fort Worth Star - Telegram as the alternate newspaper for the City. Recommendation: Recommend approval. RESOLUTION NO. 249 A RESOLUTION OF THE CITY OF KENNEDALE DESIGNATING AN OFFICIAL NEWSPAPER FOR THE CITY OF KENNEDALE; PROVIDING FOR AN ALTERNATE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 12.11 of the City Charter requires the city council to designate an official newspaper for official publication of ordinances, notices and other matters required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The Kennedale News, a weekly newspaper published in Kennedale, Texas is hereby declared to be the official newspaper for the City of Kennedale for required newspaper publication by the City. The Fort Worth Star - Telegram, a daily newspaper published in Fort Worth, Texas with circulation in the City of Kennedale, is hereby declared to be the alternate official newspaper when needed for publication requirements that cannot be met in a weekly newspaper. SECTION 2. This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED IN OPEN SESSION OF THE CITY COUNCIL on this 20 day of May 2008. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Date: May 21 2008 Agenda . Subject: Consider authorizing the city manager to execute a contract with the City of Fort Worth for participation in Fort Worth's environmental collection center household hazardous waste program. Originated by: Bob Hart Summary: The city of Fort Worth operates a regional collection center for a safe and legal means of disposing household hazardous waste. Most cities in Tarrant County participate in the program and the staff has received numerous inquiries as to how citizens can dispose of hazardous waste. The standard contract form is attached. The center is located at 6400 Bridge Street, Fort Worth, TX, Phone: 817- 871 -5257. The hours of operation are: Thursday 11 a.m. to 7 p.m. Friday 11 a.m. to 7 p.m. Saturday 9 a.m. to 3 p.m. • The collection center is closed on the following days: • Thanksgiving • Christmas • December 31 — January 10 (for clean -up and repairs) • Martin Luther King Jr. Day • Memorial Day • Independence Day • Labor Day In order to use the facility, residents will need to take a recent water bill with them as proof of Kennedale residency. The city will be charged $47 per visit regardless of the amount of material that is dropped off. Residents will need to be encouraged to consolidate items for delivery (using the guidelines below for containers) and avoid numerous trips with small loads. Funds to pay for the use of the facility will come from the Solid Waste Enterprise Fund. • -.•. • a & 1 6 1f] fl - i • .•• • • R • • CADocuments and Settingslcbrown lmydocuments\samplestaffreport THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through , its duly authorized Assistant City Manager, and City of Kennedale, a municipality situated in County, Texas, hereinafter called "Participating City," acting herein by and through its duly authorized WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal /recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and /or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith. settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un- matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Page 2 Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Fort Worth Mobile collection unit (MCU) means a non - self - propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off -site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Cities when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC - Environmental Collection Center. EPA - United States Environmental Protection Agency. Page 3 HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement ") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from the date the last party has signed this Agreement through September 30, 2008. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and /or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal /recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of household hazardous waste, which is collected at the ECC. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. Page 4 E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non -Fort Worth Mobile Collection Unit Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this Agreement. 2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A ", attached and incorporated herein as if set forth. Mobile Collection Events —Using Fort Worth's Unit If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property one (1) week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. Page 5 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non -Fort Worth Mobile Collection Unit shall not also be at the event. 4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain,' mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. J. Loan of the Special Mobile Collection Unit Participating City may request the loan of Fort Worth's Special Mobile Collection Unit, which is a specially designed and equipped thirty -six (36) foot gooseneck box - trailer and one (1) ton pickup, free of charge for use in a Household Hazardous Waste collection event when available. Participating City may use the Special Mobile Collection Unit to transport HHW to Fort Worth's ECC or another collection center which may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail at least thirty (30) days prior to the HHW Collection Event for which the request is made. Fort Worth shall have sole determination whether the Special Mobile Collection Unit is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate nor be responsible for any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. 2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth shall disclose any known problems the Special Mobile Collection Unit may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Special Mobile Collection Unit, a pre -trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties will complete a pre- aesthetic assessment. Participating City shall be responsible for all certifications, and insurance necessary for the proper operation of the Special Mobile Collection Unit. Page 6 3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as good condition as it was in when Participating City took possession for use. Participating City shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and as mutually agreed upon. 4. Participating City shall be responsible for all work - related property damage, personal injury or death caused by Participating City's employees or volunteers and arising out of the use of the Special Mobile Collection Unit during the term of this Agreement. 5. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties 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. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: telephone number: Pager number or 24 -hour number where he or she can be reached: Alternate person is telephone number: Pager number or 24 -hour number where he or she can be reached: B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating Page 7 City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti - freeze, lead -acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil -based paints and latex paints shall be bulked separately in 55- gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non -HHW waste collected at the event. Page 8 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non -Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10., Paragraph C. 6. USE OF WASTE DISPOSAL /RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal /recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and /or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and /or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE Page 9 PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added `to the barrel. C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE Page 10 F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection 'Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; Page 11 B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he /she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the FCC's hours of operation are as follows: Thursday and Friday 11 :00 a.m. -7:00 p.m. Saturday 9:00 a.m. -3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 22 -23, 2007 Christmas Holiday, December 25, 2007 New Year's Day, January 1, 2008 M.L.K. Day, January 21, 2008 Memorial Day, May 26, 2008 Independence Day, July 4, 2008 Labor Day, September 1, 2008 C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City may advertise the 24 -hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871 -5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. Page 12 B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ( "Bloomer," "Otto," "Pestie, "Scrub," and "Van Goo ") and the recycling buddies ( "Scrappy," "Juggles," and "Cana Nana ") "Conquer Your Crud," and "Crud Cruiser ", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non - transferable, non- exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and /or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to us&the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not Page 13 acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and /or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and /or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. " 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL /RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT' (Paragraph 11). Page 14 me Im Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: 16. 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, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event anyone 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. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. Page 15 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers 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. EXECUTED IN TRIPLICATE CITY OF FORT WORTH M Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Marty Hendrix City Secretary Contract authorization Date CITY OF 0 Printed name: Bob Hart Title: City Manager Date: 05/20/2008 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney City Secretary Page 16 Exhibit "A" t • Material Amount Restocked Special Needs Remarks 55 gallon open top Amount taken off the drums (open top for trailer loose packs) 55 gallon drums (closed Amount taken off the top) (oil, antifreeze, trailer bulk flammable materials and one extra Fiber drums (55 or 30 gallon) Aerosols, acids, Amount taken off the bases and oxidizers) trailer Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets (filters /haz chemicals) Amount taken off the trailer Survey Forms Amount taken off the trailer Labels /drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Brochures Amount needed Page 17 WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 20 I hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City 'of and its officers, agents, and /or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and /or employees and the City of or its officers, agents, and /or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Date Witness Page 18 Date: March 20, 2008 Agenda Item No: VIII . -1 Subject: Approve an Ordinance amending the city's franchise agreement with Atmos Energy Originated by: Bob Hart Summary: Pursuant to the recent Atmos Settlement Agreement, at a city's request, Atmos will approve the execution of or amendment to the city's franchise agreement to increase franchise fee payments to the individual city. The agreement, which caps the increase at a maximum of five (5) percent of gross revenues for gas sold within city limits, is effective for franchise payments made on May 1, 2008 or the effective date of the amendment changing the franchise agreement, whichever is later. The requested increase will be calculated on gross revenue from the prior year or quarter, with the payment being made for the privilege of gas operations during the current period. A one percent increase of a city's franchise fee will increase the average residential customer's monthly bill by fifty to sixty cents ($0.50 to $0.60). With the adoption of the current budget, all franchise fees were placed in a special revenue fund dedicated for street improvements. This proposed increase will generate approximately $55,000 annually for street improvements. In addition to this funding assistance, the staff is reviewing organizational modifications to place more focus on the public works by combining water /wastewater and streets /parks. Recommendation: Staff recommends approval of this ordinance UP CADocuments and Settings\ cbrown\mydocuments lsamplestaffreport WHEREAS, Atmos Energy Corporation ( "Company ") is engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights -of -ways within the City for that purposes under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company or its predecessor in interest; and WHEREAS, pursuant to the 2002 Ordinance amending the franchise (the "Franchise Amendment "), if Atmos agrees to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights -of -way in a manner that, if applied to the City of Kennedale, would result in a franchise fee greater than the amount otherwise due Kennedale under this Ordinance, then the franchise fee to be paid by Atmos to Kennedale pursuant to the Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to Kennedale were the franchise fee provisions of that other franchise ordinance applied to Kennedale; and WHEREAS, Atmos has agreed to a new franchise ordinance which provides for a five (5) percent franchise fee; and the City desires to exercise the right under the Franchise Amendment and amend the franchise ordinance accordingly; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1 The consideration payable by Company for the rights and privileges granted to Company by the franchise ordinance duly passed by the governing body of this City and accepted by Company or its predecessor in interest is hereby changed to be five percent (5 %) of the Gross Revenues, as defined in the franchise ordinance. SECTION 2. Franchise payments shall be made on the dates prescribed in the existing franchise and shall be for the rights and privileges as set forth in the existing franchise. Page 1 1 This ordinance shall take effect on May 1, 2008. Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2008, Ordinance No. amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Energy Corporation By: Vice President, Mid -Tex Division SECTION 4. In all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the City shall remain in full force and effect. SECTION 5. The City shall provide a copy of this Ordinance to Mr. David Park, VP of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no later than ten (10) business days after its final passage and approval. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KEENNEDALE this the DAY OF , 2005, at which meeting a quorum was present and voting. MAYOR, BRYAN LANKHORST Page 2 ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: ADOPTED: EFFECTIVE: Page 3 V-77711j"YM, LTA- Date: May 15, 2008 Agenda Item No: VIII . -m Subject: Consider authorizing the city manager to make an emergency expenditure of $77,886.00 for the replacement of the well pump and motor on Trinity well site #2, located at 923 Kennedale Parkway. Originated by: Larry Ledbetter Summary: On or about March 3, 2008 Trinity well #2 ceased operating. In order to identify the source of the problem, Milligan well service was contracted to pull the well and ship the pump and motor to Baker Hughes in Tulsa, OK. Baker Hughes Identified the problem as a burnt motor commonly seen due to lightning strikes or power surges. Supporting documentation as to this affect has been forwarded to TML for possible reimbursement. The T -2 well is an integral part of the overall water system, providing upwards of 400 gallons of water per minute to the distribution system and to the SE Kennedale pressure plane, where pressure demands during summer peak demand periods have been historically low. Without the well in operation, our customers would experience low pressure and low volume. Even with the connection to the Fort Worth water system, we would experience these problems because the 16" distribution water line is not in place. The TCEQ requires a water boil order any time the system pressure falls below 20 psi. Recommendation: Staff recommends approval of the emergency expenditure. Disposition by Council: FrI ORT WORTH, TEXAS 764'82 1`7- 232 ®0077 Name / Address City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Date Well Name 4/14/2008 T -2 Qty Description Cost Total 30 Labor and equipment to install the tested pump on a new motor and 175.00 5,250.00 seal back in the well. 1 Tear down, inspect and test on owners pump and motor. (Pump 3,685.00 3,685.00 tested good) 1 Motor KMHG 171- 2390/044, Seal GSB3 FER HL SSCV, Cable 67,202.00 67,202.00 Motor Lead 562 040 5KHT DL90 2P 1 Trade in of old equipment - 4,100.00 - 4,100.00 1 Freight 1 1,000.00 1 Service tech to put the pump and motor together and make the splice 2,500.00 2,500.00 (estimated) 1 Electrician charges: to start the well and check the rotation and 1,800.00 1,800.00 voltage (estimated) 3 5/8" SS band -it materials 132.00 396.00 2 5/8" SS band -it buckles 76.50 153.00 One year warranty on new equipment only, if the pump end is the cause of failure to the motor,the new equipment would not be under warranty. $77,886.00 Jerry Browning 2176WI Sales Tax (6.25%) $0.00 Texas Department of Licensing and Regulation P.O. Box 12157 Austin, Texas 78711 $77,586.00 I 512 462 -7880 Baker Hughes — Centrifift (916) 828-1600 7655 E. 46th Street, Tulsa, OK 74145 Stage Type: VM365 Stages: 15 Tested: 4/312008 Serial Number: Z01 H0072630 Customer MILUCAN Well Name: SERVICE Well ID: WELL Tested By: DTH Remarks: MO 91249637 WATER TEST BHP and HEAD are corrected to DENSITY=1.000 Head in ft - Rate, Head and BHP are corrected to 3500 RPM Test Flow Head Power Eff Point (bpd) (ft/Stage) (hp/Stage) ( 0 /0) 1 56.582 92.62 4.91145 0.7841 2 4540 92.84 6.72 46.119 MIN 9005 89.579 9.213 64.376 SEP 12509 80.604 10.62 69.814 MAX 15.423 65.962 11.376 65.753 6 19792 29.409 11.039 38.77 7 23035 0 9.774 0 MIN 9000 -4,86% 3.02% ------ L ------ I ------ W ------ ------- L ------ I ------ L SEP 12500 3.16% 1.54% -6.61 % MAX 15500 -1.75 1.06 0 /0 -70 MIN 9000 -5.00% 8.00% SEP 12500 -5.00% 8.00% -10.00% MAX 15500 -5.00% 8.00% Head in ft - 11G -------------- --------------------------- --------------------------- I 100 - -- - ------- ------ ------ ------ ------ ------ L ----- j 90 ------- y ------ r - - - - - r ------- ------ 0 80 ------- ------ L ------ I ------ W ------ ------- L ------ I ------ L -80 70 -------t------t------ 4 ------ ------------ ------ -70 60 -------- 4 - - - - - - - - - - - - - - - - - - - - - -- - - 4 - - - - - - - - - - - - - ------ -60 50 -------- ------ ------ 25--50 40 -------4------------4------ 1 20--40 30 ------- ------ -------------- ------ ------ t ------ 4 ------------- I ------ 15--30 20 1 ------ ------ ------ j 10--20 ------------ ------ r - - - - -y 5 . 110 2500 5000 7500 10000 112500 Flow in bpd Centrilift To: Jason Heaton From: Matthew Hueste POWER SMRGE OR L1GHT1'- 1TVV S )T1'U , MOTOR Date: 4/24/2008 CC: Pat Dougherty, Systems Run Life Customer: Millican Well Service Equipment: SN: Z21R0073500 MTR KMHG 171/2390/044 09R INSTALL PULL RUNTIME 5/8/2006 4/2/2008 693 DAYS Evaluation of the motor revealed that all rotating mechanical components were in good condition, other than a burn 2 inches from the top of the lower rotor. The lower rotor was discolored around the burn and showed no signs of rotor rub due to wear, but did show where the arcing debris scarred both the stator ID and rotor OD. The other rotors were in excellent condition. The rotor bearings were in good condition with no wear to the bushings or sleeves. Burns of this nature are commonly seen due to lightning strikes or power surges on the incoming power lines. SN: Z21KO073500 MTR KMHG 171P23901044 09R a The motor checked unbalanced and grounded a The shaft turned stiff a Oil in the top of the motor was clear to amber colored ® Oil in the base of the motor had streaks of carbonized oil from the burn a No water visible in the motor head or base a Lapped components in good condition with minimal scratches, due to debris from burn a Rotor bearings all in good condition, no, burns present a Rotor bearings sleeves all in good condition, no wear a Bottom rotor has arc burn 2 inches below the top of the rotor a Bottom rotor discolored due to the bum, arc debris caused rub to stator ID and rotor OD at bum ® All head and base bushings in good condition e , ,orfIinenfin i ions' I',' se„ f1he sys tem ground Ath the Coll troll er, jun eflon box and ivelllwail, Staff Report To the Honorable Mayor and City Council Date: May 14, 2008 ° Agenda Item No: ix Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: a. 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. 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) Recommendation: Disposition by Council: Staff Repot To the Honorable Mayor and City Council Date: May 14, 2008 P Z 9 " � /"'�) Agenda Item No: X Subject: Reconvene into open session, and take action necessary pursuant to executive session, if needed. Originated by : Kathy Turner, City Secretary Summary: a. The City Council met in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property. 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) Recommendation: Disposition by Council: bA, U a Cd) 5 To the Honorable Mayor and City Council Date: May 14, 2008 Agenda Item No: VL -e Subject: Review and consider approval of Election Register. Originated by: Kathy Turner, City Secretary Summary: Election Code, Section 67.006 requires that the votes cast in each city election be preserved as a permanent record in an election register maintained by the secretary. The election register must contain in tabulated form the information or results prepared by the local canvassing authority. Recommendation: Recommend approval. Disposition by Council: Election Date: May 10, 2008 Resolution: 248 Election: Mayor and Two Councilmembers There were voted at said election 96 ballots during early voting, and 141 ballots on election day for a grand total of 237 ballots, on which ballot votes were cast as follows: The following were declared to be elected: Bryan Lankhorst - Mayor to serve a two -year term, David D. Green - Council Place 2 to serve a two -year term, and Kelly Turner - Council Place 4 to serve a two -year term. ADOPTED AND APPROVED this 20 "' day of May 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Early Voting Election Day Votin Total Votes Mayor Bryan Lankhorst 77 121 198 Council — Place 2 David D. Green 72 105 177 Council — Place 4 Kelly Turner 81 104 185 W.E. "Bill" Atchley 9 21 30 The following were declared to be elected: Bryan Lankhorst - Mayor to serve a two -year term, David D. Green - Council Place 2 to serve a two -year term, and Kelly Turner - Council Place 4 to serve a two -year term. ADOPTED AND APPROVED this 20 "' day of May 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 1el}uaplsaNl uegJngnS Jol (auel Jad) sawnlon 9=9S dull /feMpeob /pnOH = 9 100 OZL'O L - C, 22 L'6 Jnoq Need ul }!Ids ob•o9 uo pas eq awnIcA leuol}OWlp }sa46 = S 1 m Oy0 D �Z 100) lab' }o % OL = inoq dead uo pase8 = b loo H1MO210 N011d3nd0d 31VOINN371 - _ I v s uogoefo id 00010N uo pase8 Jo}oq gamoJ6 l enuue papuno %O•g uo pase8 = £ 100 = Z loo - h 91lsg9 00010N w04 e}eo = 6 100 :suogdwnssy .m.. ... 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