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2008_11.13 CC PacketNOTICE OF MEETING OF THE KENNEDALE CITY COUNCIL KENNEDALE, TEXAS Notice is hereby given that a Work Session will commence at 5:30 P.M., and Regular Session will commence at 7:00 P.M. by the governing body of the City of Kennedale, Texas, on the 13 day of November 2008 in the Council Chambers, Kennedale Municipal Building, 405 Municipal Drive, Kennedale, Texas at which time the following subjects will be discussed to wit: II 9 1 (SEE ATTACHED NOTICE) Dated this 10 day of November 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 November 10, 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 (8 17) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be made. Dated this the 10 day of November 2008. Kathy Turner, TRMC City Secretary A LE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — NOVEMBER 13, 2008 405 MUNICIPAL DR. — KENNE DALE MUNICIPAL BLDG. WORK SESSION — COUNCIL CHAMBERS — 5:30 PM REGULAR SESSION — COUNCIL CHAMBERS — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Discuss TownCenter Development and financial incentives available. b. Discuss and review any item on the agenda, if needed. H. REGULAR 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. MAYOR /COUNCIL /CITYMANAGER REPORTS /ANNOUNCEMENTS a. Mayor /Council 1. Recognizing the Kemnedale High School Band b. City Manager 1. Presentation of GFOA Award 2. Announce Delaney PTA Carnival (November 15, noon to 4 p.m.) 3. Announce Christmas Tree Lighting Ceremony (December 2 nd at 6:00 p.m.) 4. Report on TOlNnCenter Plaza Dedication activities 5. Report on Fire Department Open House 6. Schedule date for Strategic Plan workshop �V.tkw4q' Page 1 of 4 The following items are considered to be routine and self - explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. a. Approval of minutes: Regular Meeting dated October 9, 2008. b. Approval for City Manager to execute Interlocal Agreement with the City of Fort Worth for rabies control services, as well as impound, quarantine and the disposition of animals. C. Approval of Resolution No. 260, amending authorized representatives in TexPool. d. Approval of Resolution No. 261, amending authorized representatives in TexSTAR. e. Approval of Resolution No. 262, amending authorized representatives in TexTERM. f. Approval of Resolution No. 263, adopting an amended Investment Policy. g. Approval of Resolution No. 264, adopting City Purchasing Policy. h. Approval of Resolution No. 265, adopting an Identity Theft Prevention Program. i. Approval of Resolution No. 266, supporting the application of S &B Technical Products Municipal Setting Designation. j. Approval of Resolution No. 267, supporting Raise Your Hand Texas. k. Review and Consider Action ' to approve Resolution No. 268, Brownfield's Assessment Grant. 1. Review and Consider Action to approve Resolution No. 269, approving an electric power contract with Cities Aggregation Power Project, Inc. ( "CAPP ") for electric capacity and energy; and approving energy sales contract with Cities Aggregation Power Project. m. Approval to purchase three city vehicles. Page 2 of 4 VII. REGULAR ITEMS n. Public Hearing, Review and Consider Action to approve Ordinance No. 412, amending Article VI "Zoning" of Chapter 17 "Planning and Land Development" of the Code of the City of Kennedale, Texas (1991), as amended, to make changes to the landscape standards for conditional use permits and overlay districts. 1. Staff Presentation of Case 2. Public Hearing 3. Staff Response and Summary of Case 4. Action on Case Review and Consider Action to authorize the City Manager to execute a contract for Stormwater Drainage Utility. p. Review and Consider Action to approve Ordinance No. 417, adopting the 2006 International Building Code, 2006 International Residential Code, 2006 International Plumbing Code, 2006 International Mechanical Code, 2006 International Fuel Gas Code, 2006 hnternational Energy Conservation Code, 2006 International Fire Code, and the 2005 National Electrical Code. q. Review and Consider Action to appoint two alternates to the Building Board of Appeals. Review and Consider Action to approve Resolution No. 270, creating the City of Kennedale Arts and Market Committee, Authorizing funding, and making appointments. S. Review and Consider Action to approve Ordinance No. 418, an amendment to Ordinance No. 402, vacating and abandoning a portion of Wrey Crest Road in the City of Kennedale, Tarrant County, Texas to execute a Quitclaim Deed releasing public ownership, interest and control of the right -of -way. VIII. EXECUTIVE SESSION The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and advice on noise regulations and regulation of sexually oriented businesses. 1. Allied Waste Systems, Inc. v. City of Fort Worth 2. Amicus brief in City of Mesquite v. PKG Contracting, Inc. and State v. Chacon 3. Proposed alignment of Bowman Springs Road 4. Wrey Crest Road Page 3 of 4 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 for the following: 1. Expansion of Sonora Park 2. Oak Crest Properties IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, INCLUDING, BUT NOT LIMITED TO: a. Approval of resolution authorizing obtaining a court order to conduct a survey and perform an appraisal for the proposed alignment of Bowman Springs Road. X. ADJOURNMENT Page 4 of 4 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: NOVEMBER 13, 2008 r START TIME: — 6 o lm END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER JERRY MILLER COUNCILMEMBER KELLY TURNER COUNCILMEMBER DAVID GREEN CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY WAYNE K. OLSON STREET SUP. LARRY HOOVER POLICE CHIEF TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE @ARO3 Y"ARSftALL DIR. PUBLIC WORKS LARRY LEDBETTER CODE ENFORCEMENT GLEN GREENWOOD KEDC DIRECTOR MIKE SOAB Staff Report To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: I. a -b Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Work Session a. Discuss TownCenter Development and financial incentives available. b. Discussion and review any item on the agenda, if needed. Recommendation: Disposition by Council: Staff Report To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: 1V. Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. Recommendation: Disposition by Council: f , K � 405 Municipal Drive, Kennedale, Texas 76060 4� 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. 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 Councihnembers 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, and /or personal attacks towards any individual. THANK YOU �:. YOUR COOPERATION DATE: " I - 1 3 ,� lJ r Name of Speaker: l t Q � (� `L Address: V0 c� f�(' 1 ` /�C/a, Phone: g n - 3 -� 0 J Subject: Is the subject matter listed as an agenda item? H V' es ❑ No If yes, please list item number: 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 99a= To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: V. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager 1. Announcement of Delaney PTA Annual Carnival scheduled for Saturday, November 15"', noon until 4:00 p.m. 2. Announcement of annual Christmas Tree Lighting Ceremony scheduled for Tuesday, December 2" d at 6:00 p.m. 3. Report on TownCenter Plaza dedication activities. 4. Report on Fire Department Open House. 5. Announce and schedule a date for upcoming Strategic Plan Workshop. b. Initial meeting reports on the following task force committees: 1. Business Development Task Force 2. Residential Development Task Force 3. City Events Task Force 4. Communication Events Task Force 5. Beautification Task Force Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 CONSENT AGENDA ITEM NUMBERS: VI a through VI m REQUEST TO REMOVE: ITEM PERSON: ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER Q![C ce ORDINANCE/RESOLUTION NO / 1l ' CARRIED 0 C FAILED [aY1 WDCy 1DyW-11:TAK2 Bull 0l[slhail Staff Repot To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: VI -a Subject: Approval of Minutes: Regular Meeting dated October 9, 2008 Originated by: Kathy Turner, City Secretary Summary: Attached for Council review and consideration are the meeting minutes for the regular meeting held on the 9 th day of October, 2008. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3363 405 MU 5 2008 CIPAL BLDG. Mayor, Bryan Lankhorst called the meeting to order at 5:37 p.m., and announced that a quorum was present. Council present: Bryan Lankhorst Mayor John Clark Mayor Pro -Tem, Place I David Green Councilmember, Place 2 Brian Johnson Councilmember, Place 3 Kelly Turner Councilmember, Place 4 Jerry Miller Councilmember, Place 5 Staff present: Bob Hart City Manager Cindy Henry Asst. to City Manager /HR Kathy Turner City Secretary Wayne K. Olson Legal Counsel Carolyn Marshall Interim Director of Finance Tommy Williams Chief of Police Mike McMurray Fire Chief James Cowey Building Official Larry Ledbetter Director of Public Works I. WORK SESSION a. Discuss electric power contract with Cities Aggregation Power Project, Inc. ( "CAPP "). Bob Hart, City Manager provided a power point presentation on the Cities Aggregation Power Project ( "CAPP ") participation in long -term power purchase agreement. The presention included CAPP Board goals in seeking a long term power agreement, CAPP's long term power purchase plan, fiscal year economics, illustrative 2009 monthly payments, advantages /disadvantages of the power purchase agreement, important issues, contract protections, and risk assessment. b. Discuss Strategic Plan Session. Bob Hart, City Manager presented Council with a listing of the task forces that were created from the Strategic Planning Session including committee members for each. Hart advised that additional discussion would take place regarding such at the next scheduled council meeting. Discuss and review any item on the agenda, if needed. Legal Counsel, Wayne K. Olson briefed council on a recent ruling from the Attorney General's Office regarding requirements for posted agenda items under the Open Meetings Act. crash! Mr. Olson implied that listing an agenda item as "City Manager Report" is no longer sufficient to meet the notice requirements of the Open Meetings Act because such terms are too general to inform the public about the issues to be discussed. Next, Olson said that listing an agenda item as "Council Comments" is now more difficult to justify. He suggested that a better practice would be for a councilmember who whishes to comment on a matter of public concern to advise the city secretary more than 72 hours prior to the meeting to ensure that a specific agenda item description is posted and the notice requirement of the Act is met. In addition, Olson addressed citizen comments. He said if the governmental body knows what specific topic a citizen is going to address, then that particular matter needed to be posted on the agenda. However, in most circumstances, it is sufficient to post an agenda item as "Visitor /Citizens Forum." There being no further discussion, Mayor Lankorst recessed the work session at 7:00 p.m. II. REGULAR SESSION Mayor, Bryan Lankhorst called regular session to order at 7:20 p.m. III. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager gave the invocation followed by the Pledge of Allegiance being recited. IV. VISITOR/CITIZENS FORUM Billie Williams, 503 3' St., Kennedale, TX spoke to council regarding the need for a medical facility to be located within the city limits of Kennedale. V. REPORTS /ANNOUNCEMENTS No reports /announcements were issued due to the recent ruling from the Attorney General's Office in regards to specific agenda posting detailing what items would be reported or announced. a. City Manager b. City Council C. Mayor VI. CONSENT AGENDA a. Approval of minutes: Regular Meeting dated September 11, 2008. b. Approval of Quarterly Investment Report. C. Approval of Resolution No. 258, denying the rate increase proposed by Oncor Electric Delivery Company, LLC. 3365 d. Approval of Ordinance No. 411, approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the company's rate review mechanism filing in all cities. e. Approval to authorize the City Manager to execute a contract with UTA for strategic planning process. Approval to authorize the City Manager to make an emergency expenditure on Trinity Well #4 to replace the well pump and motor g. Approval to purchase of patrol units through Tarrant County Cooperative Purchasing Program. h. Approval to authorize inter -city equipment sale to the City of Westover Hills. Councilmember, Brian Johnson moved to approve consent agenda items a through h as presented, second by Mayor Pro -Tem, John Clark. Motion carried (5 -0). VII. REGULAR ITEMS Public Hearing, Review and Consider Action to approve Ordinance No. 412, amending Article VI "Zoning" of Chapter 17 "Planning and Land Development" of the Code of the City of Kennedale, Texas (1991), as amended, to make changes to the landscape standards for conditional use permits and overlay districts. 1. Staff Presentation of Case 2, Public Hearing 3. Staff Response and Summary of Case 4. Action on Case Councilmember, Brian Johnson moved to defer this item until the November meeting to allow for publication of public hearing, second by Councilmember, Jerry Miller. Motion carried (5 -0). Review and Consider Action to approve Ordinance No. 413, approving an electric power contract with Cities Aggregation Power Project, Inc. ( "CAPP ") for electric capacity and energy; and approving energy sales contract with Cities Aggregation Power Project. Councilmember, David Green moved to deny Ordinance No. 413, approving an electric power contract with Cities Aggregation Power Project, Inc. ( "CAPP ") for electric capacity and energy; and approving energy sales contract with Cities Aggregation Power Project. Motion second by Councilmember, Jerry Miller. Motion carried (5 -0). k. Review and Consider Action to approve Ordinance No. 414, adopting a new Article VII "Signs" of Chapter 17 "Planning and Land Development" of the Code of the City of Kennedale, Texas (1991), as amended, providing for regulations of signs within the City and its extraterritorial jurisdiction A red lined copy of the proposed ordinance was presented before Council, in which, Bob Hart, City Manager addressed the following additional revisions: 3366 (1) delete 3rd Whereas clause as no public hearing is required; (2) Page 5 — add definition for a Sign Pole to read "Means a sign supported by and placed upon not more than two (2) poles; and add definition for a Sign Pole on I -20 to read "Means a pole sign adjacent to the I -20 corridor; (3) Correct the word "of' in the last sentence to read "or" in the definition of Sign, Electronic Reader Board / Message Board; (4) Section 17 -504 Permit Regulations (b) Application for a permit (1) first sentence strike the word "drawing" from sentence; (5) Section 17 -504 Permit Regulations (e) Action on permit.- Strike the last sentence; (6) Section 17 -504 Permit Regulations (g) Appeal of denial or revocation of permit — Strike the words "City Council" and replace with "Building Board of Appeals "; (7) Section 17 -507 Permanent Signs Requiring a Permit (b) Monument Sign Regulations for Businesses — Strike the words "for Businesses" so it reads "Monument Sign Regulations.; (8) Table 2: Sign Design Standards — strike Residential Use from the chart; correct Non - Residential Use Monument Set Back from "10 Ft." to read "0 Ft.' ; correct Non - Residential Zoning Attached Number to read "2 ", and add a Footnote number 5 to read "Each lease or tenant space shall be permitted only one attached sign per street front with a maximum of two attached signs per tenant/lease space.'; clarify Non- Residential Zoning I -20 Pole Sign to reflect "frontage road only' and correct Set Back from "20 Ft." to "5 Ft. "; and (9) Section 17 -509 Other Signage (c) Multi- Tenant Signs. (6) a - add clause at end of sentence to read "except for signs permitted in Section 17 -516. James Cowey, Building Official commented that the ordinance had been streamlined to consolidate the three ordinances (existing sign ordinance, P &Z draft ordinance, and staff draft ordinance). Cowey implied that the primary features of the proposed ordinance included accommodated pole signs along I -20, encouraged monument signs on Kennedale Parkway by permitting the signs to be built near the streets, simplified real estate signs, eliminated regulations for kiosk signs and allowed the City to enter into a contract with private sign vendors, allowed for a modification to the sign ordinance by submitting a special sign project plan to the building board of appeals, and retained the work of the planning and zoning commission, yet was simplified for the use and application for City Staff and the public. Councilmember, Jerry Miller moved to approve Ordinance No. 414, adopting a new Article VII "Signs" of Chapter 17 "Planning and Land Development" of the Code of the City of Kennedale, Texas (1991), as amended, providing for regulations of signs within the City and its extraterritorial jurisdiction with noted revisions. Motion second by Councilmember, Kelly Turner. Additional discussion ensued with staff regarding how sign ordinance would affect existing businesses, affect on settlement agreements with Sexually Oriented Businesses, concerns with right -of -way distance of signs, and the need for further review of proposed ordinance. Mayor, Bryan Lankhorst recessed the meeting at 8:20 p.m. to enter into executive session pursuant to Section 551.071. Mayor, Bryan Lankorst reconvened into open session at 8:26 p.m. 3367 Councilmembers, Jerry Miller, Kelly Turner, Brian Johnson, and David Green voted aye to approve Ordinance No. 414, while Mayor Pro -Tem, John Clark voted nay. Motion carried (4 -1). 1. Review and Consider Action to approve Ordinance No. 415, amending Section 3 -7 "Prohibited Animals" of Chapter 3, "Animals," of the Code of the City of Kennedale, Texas (1991), as amended, by allowing Whitetail Deer breeding programs. Mayor Pro -Tem, John Clark moved to approve Ordinance No. 415, amending Section 3 -7 "Prohibited Animals" of Chapter 3, "Animals," of the Code of the City of Kennedale, Texas (1991), as amended, by allowing Whitetail Deer breeding programs contingent upon Section 3.7 Prohibited animals (e) (2) be amended to delete C -2 Commercial; and amend (e) (6) first sentence to change animal control officer to read City Manager. Motion second by Councilmember, Brian Johnson. Motion carried (5 -0). m. Review and Consider Action to approve Resolution No. 259, opposing the continued preemption of municipal regulation of certain Intra -State gas utilities; and urging legislative action to permit greater local regulatory oversight. Councilmember, Brian Johnson moved to approve Resolution No. 259, opposing the continued preemption of municipal regulation of certain Intra -State gas utilities; and urging legislative action to permit greater local regulatory oversight, second by Councilmember, Kelly Turner. Motion carried (5 -0). n. Review and Consider Action to appoint an Alternate to the Board of Adjustments. Councilmember, Brian Johnson moved to appoint Mike Walker as an alternate to serve on the Board of Adjustments, motion second by Councilmember, Jerry Miller. Councilmember, Brian Johnson withdrew his motion to appoint Mike Walker as an Alternate to serve on the Board of Adjustments, as Mr. Walker already serves in this position. Councilmember, Jerry Miller withdrew his second. Councilmember, Brian Johnson moved to appoint Jeremy Redding to serve as an alternate on the Board of Adjustments for a two -year term expiring June 2010, second by Councilmember, David Green. Motion carried (5 -0). o. Review and Consider Action to appoint/re-appoint Board of Directors to the Kennedale Economic Development Corporation. Councilmember, Jerry Miller moved to appoint Jon Mark Yeary to Place 6 on the KEDC to serve a two -year term expiring September 2010, second by Councilmember, David Green. Motion carried (5 -0). Councilmember, Brian Johnson moved to re- appoint Doug Parker to Place 2, and Robert P. Mundy to Place 4 on the KEDC to serve two year terms expiring September 2010, second by Councilmember, David Green. Motion carried (5 -0). 3368 No further discussion, Mayor, Bryan Lankhorst recessed the meeting at 8:36 p.m., to enter into executive session. VIII. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and advice on noise regulations and regulation of sexually oriented businesses. 1. Allied Waste Systems, Inc. v. City of Fort Worth b. 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 for the following: 1. Expansion of Sonora Park 2. Oak Crest Properties IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 9:46 p.m., with no action taken on executive session items. X. ADJOURNMENT APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Sta Report To the Honorable Mayor and City Council Date: 11 -13 -2008 Agenda Item No: VI -b Subject: Animal Control Agreement Originated by: Chief Tommy Williams Summary: Each year the city is required to approve a contract with the city of Fort Worth for animal control services. The contract is necessary to set out guidelines on each city's responsibility to the other in regards to animal services. This contract covers rabies control authority guidelines as well as impound guidelines. It is required in order that we be able to continue using Ft. Worth's animal shelter. This is essentially the same contract as last year. Recommendation: Staff recommends approval of the contract. October 7, 2008 CITY OF KENNEDALE 405 MUNICIPAL DR. KENNEDALE, TEXAS 76060 Dear Sir or Madam: Please find enclosed THREE original documents for the Interlocal Agreement for Rabies Control Services. You will need to complete all three copies with original signatures and return them to us for our city officials' signatures. A final signed agreement will then be returned to you. Please note that the fee for processing rabies specimens for shipment to the state lab has increased. Board fees did not change. The Animal Care and Control Division is pleased to be able to serve you. If you have any questions, please call me at 817- 392 -3742. Thank you. Sincerely, +?"Lb � ke7xz ,L' & Anne Thomason Senior Administrative Assistant Animal Care and Control Division 4900 Martin Street Fort Worth TX 76119 -5200 PUBLIC HEALTH DEPARTMENT ANIMAL CARE AND CONTROL DIVISION THE CITY OF FORT WORTH * 4900 MARTIN STREET * FORT WORTH, TEXAS 76119 - 5200 (A 17) * FAY (9 17) ri(;I - '17d1 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR RABIES CONTROL THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager (hereinafter referred to as "City "), and the City of Kennedale, a home -rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "Kennedale "). WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code authorizes the formulation of interlocal cooperation agreements between and among municipalities and counties for the performance of governmental functions; and WHEREAS, Chapter 826 of the Texas Health and Safety Code, also known as the Rabies Control Act of 1981 (hereinafter referred to as the "Act "), requires governing bodies of each municipality to designate a local rabies control authority to enforce the Act and minimum standards for rabies control adopted by the Texas Department of State Health Services; and WHEREAS, Section 826.016 of said Act authorizes a municipality to enter into agreements with public entities to carry out activities required or authorized under the Act; and WHEREAS, Kennedale wishes to participate in an interlocal agreement with City for the purpose of limited rabies control in the City of Kennedale; and WHEREAS, Kennedale and City mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act. NOW, THEREFORE, it is agreed as follows: 1. PURPOSE The purpose of this Interlocal Agreement is to enter into an agreement between the City and Kennedale whereby, subject to the terms and conditions hereinafter set forth and for the consideration specified below, City agrees to provide Kennedale with limited rabies control services in the City of Kennedale, and City agrees to provide impoundment and quarantine facilities for animals pursuant to this Agreement for the benefit of Kennedale. 2. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: ACT shall mean the Rabies Control Act of 1981, codified as Chapter 826 of the Texas Health and Safety Code. ANIMAL shall mean any living, vertebrate creature, domestic or wild, other than homo sapiens. ANIMAL CARE AND CONTROL CENTER shall mean the facility located at 4900 Martin Street, Fort Worth, Texas, which is operated by the City for the purpose of impounding and caring for animals as prescribed by law. BITE shall mean a bite or scratch capable of transmitting rabies, which is inflicted by an animal on a human. CAT shall mean a commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited animal. DANGEROUS DOG shall mean a dog that makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or a dog that commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. DAY shall mean a calendar day or any part thereof. DOG shall mean canis familiaris. QUARANTINE shall mean the strict confinement of a biting animal, in accordance with the Act and the Rules. RABIES shall mean an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. RULES shall mean the rules adopted by the Texas Department of State Health Services for rabies control and eradication under 25 TAC § 169.21 et seq. STRAY shall mean roaming with no physical restraint beyond the premises of an animal's owner or keeper. Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 2 of 9 3. TERM The term of this Agreement is for a period of one (1) year commencing on October 1, 2008 and ending on September 30, 2009. 4. SERVICES BY CITY A. Hours City agrees to perform the services annotated in Subsection B. below, for Kennedale between the hours of 8:00 a.m. and 4:00 p.m. only, during the week days and weekends, excluding holidays, with no after hours service provided. B. Rabies Response In the manner and to the extent that it deems appropriate and in accordance with the Rules and the Act, City will: (1) Place animals delivered to it in rabies quarantine; and /or (2) Euthanize, process and ship for rabies testing animals which are presented - by Kennedale to the City. C. Impoundment of Animals City will board animals delivered to the City's Animal Care and Control Center by Kennedale. 5. DUTIES OF KENNEDALE A. Kennedale agrees that it will retain all responsibility for enforcement of all aspects of the Act not covered in Section 4 of this Agreement, including criminal enforcement. B. Kennedale agrees that it will pursue, at its discretion, the issuance and execution of warrants or other court orders necessary for the seizure of animals requiring quarantine or testing under Section 4 of this Agreement, whose owners have failed or refused to place them for quarantine or testing. Kennedale further agrees that City is not required to pursue the issuance and execution of such warrants. 6. IMPOUNDMENT, QUARANTINE AND DISPOSITION OF ANIMALS A. Any animal presented by a Kennedale resident may be accepted by the City provided that Kennedale shall pay one (1) day's board for such surrendered animals and four (4) four days' board for delivered stray animals, as specified in Exhibit "A." A live, stray animal impounded by the City under this Agreement shall be held for a period of not less than three (3) days, excluding the day it is impounded, unless released earlier to its owner. A Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 3 of 9 quarantined animal shall be held or presented for testing according to the Act and the Rules. Kennedale shall notify City in writing whether Kennedale does or does not desire that the bite animal be prepared and shipped for testing, Kennedale shall provide in writing to the City the date of the bite incident and the animal's date of release from quarantine. B. Prior to the expiration of the impoundment period, the City may destroy an impounded animal if the City's Director of Code Compliance or the Animal Care and Control Center's veterinarian recommends and approves such action. C. Impounded and /or quarantined animals will be released to their owners upon: (1) Proof of identification, (2) Receipt or other proof of payment to Kennedale of kenneling fees; (3) Purchase of a City license tag if the animal is a dog or cat and the owner resides within the City; and (4) Arranging for rabies vaccination for the animal if the animal is a dog or a cat and its vaccination is not current and the animal's owner resides within the City. D. The ownership of impounded animals that have not been released to their owners on the expiration of the impoundment period reverts to the City, and the animals may be placed for adoption or euthanized, at the sole discretion of the City. E. All quarantined animals from Kennedale not reclaimed by their owner will be euthanized, and Kennedale will be billed for the cost of quarantine, euthanization and disposal as applicable. F. Kennedale will be billed for boarding of all impounded animals delivered by Kennedale for the number of days held during the impoundment period and /or for the number of days held up to the date reclaimed by the owner. The number of days, for billing purposes, will begin on the day that the animal is impounded. 7. EXCLUSIONS A. Nothing in this Agreement shall be deemed as designating the City or an officer or employee of the City as the "local health authority" or "local rabies control authority" of the City of Kennedale as those terms are defined or used in Title 10 of the Texas Health and Safety Code. B. Nothing in this Agreement shall be deemed as requiring the City to investigate reports of dangerous dogs, to register dangerous dogs, or otherwise regulate dangerous dogs in the City of Kennedale under the authority of Chapter 822 Subchapter D. of the Texas Health and Safety Code. Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 4 of 9 C. Nothing in this Agreement shall be deemed as requiring the City to quarantine or present for testing domestic animals that have been bitten by or directly exposed by physical contact to a rabid animal or its fresh tissues. D. City shall not impound stray animals if Kennedale fails to enact and maintain rules or ordinances pursuant to Sections 826.015 and 826.033 of the Texas Health and Safety Code that require animals to be restrained at all times. 8. RESPONSIBILITY FOR EMPLOYEES City employees who provide services under this Agreement are deemed to be City employees when providing such services. City will exercise complete control over the hiring, training, supervision, and conduct of such employees. City will be responsible for all wages and applicable payroll deductions, unemployment taxes, workers' compensation, insurance, vacations, holidays, and fringe benefits for such employees and for all uniforms, vehicles, and equipment used by such employees for providing services under this Agreement. Kennedale shall have no direct supervisory authority over such employees except in emergency situations where the exercise of supervision by Kennedale becomes necessary for the resolution of the emergency. 9. CONSIDERATION A. As fair compensation for the services rendered by City to Kennedale from October 1, 2008 through September 30, 2009, Kennedale agrees to pay City for its services based on the schedule attached hereto as "Exhibit A ", as pertinent, which is hereby incorporated as a part of this Agreement as if it were set forth at length. City may adjust any fee listed in "Exhibit A" during the term of this Agreement by giving Kennedale 120 days written notice. Kennedale will not pay City more than $15,000.00 in total, for services rendered during the term of this Agreement. This amount shall herein constitute a not to exceed limitation placed upon this Agreement, and when such amount is reached, City will cease providing such services. City agrees to provide the City of Kennedale with an itemized monthly bill. Kennedale agrees to promptly pay such bills upon presentation by the City, such payments to be made from current revenues available to Kennedale, within thirty (30) days of receipt. In the event of the termination of this Agreement, City shall bill Kennedale for any outstanding balance, regardless of the amount, and Kennedale agrees to promptly pay such bill, within thirty (30) days of receipt. B. Pursuant to the requirements of Section 791.011(d)(3) of the Texas Government Code, the amount due City under subparagraph A. above shall be paid from revenues available to Kennedale in fiscal year October 2008 through September 2009. M Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 5 of 9 10, LIABILITIES A. To the extent permitted by law, Kennedale shall be responsible for all work - related deaths, injuries or diseases of Kennedale employees, and, for property damage, personal injury or death caused by Kennedale employees or volunteers relating to work provided pursuant to this Agreement. B. To the extent permitted by law, City shall be responsible for all work - related deaths, injuries or diseases of City employees, and, for property damage, personal injury or death caused by City employees or volunteers relating to work provided pursuant to this Agreement. C. Kennedale shall be responsible for all property damages, personal injuries and death arising from the use of City and Kennedale equipment and vehicles caused by Kennedale employees or volunteers pursuant to this Agreement. Furthermore, Kennedale shall be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by Kennedale employees or volunteers during the provision of services hereunder. D. City shall be responsible for all property damages, personal injuries and death arising from the use of City equipment and vehicles caused by City employees or volunteers pursuant to this Agreement. City shall also be responsible for the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City employees or volunteers during the provision of services hereunder. 11. IMMUNITY & THIRD PARTIES A. It is expressly understood and agreed that, in the execution of this Agreement, neither City nor Kennedale waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. B. Nothing in this Agreement shall be construed to benefit any third party other than an employee or officer of Kennedale or City while in the performance of this Agreement, This Agreement may not be construed to expand the liability of City or Kennedale beyond the scope of Chapter 101 of the Texas Civil Practice and Remedies Code, unless specifically stated herein, 12, TERMINATION It is further agreed by and between City and Kennedale, that City and Kennedale shall each have the right to terminate this Agreement upon thirty (30) days' written notice to the other party. Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 6 of 9 13. ENTIRETY This Agreement contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 14. MODIFICATION This Agreement may be modified by the mutual agreement of the parties, if the modification is in writing and signed by City and Kennedale. 15. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. s 16. AI JTHORTTY This Agreement is made for City and Kennedale as an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code. 17. AUTHORIZATION The undersigned officer and /or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 18. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 7 of 9 period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 19. FISCAL FUNDING LIMITATION If for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to Kennedale of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 20. HOMELAND SECURITY If the United States Department of Homeland Security issues a Level Orange or Level Red Alert City, in its sole discretion, may terminate the Lease immediately. EXECUTED in triplicate this Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH Joe Paniagua Assistant City Manager APPROVED AS TO FORM Assistant City Attorney ATTEST: Marty Hendrix City Secretary day of CITY OF KENNEDALE BY: ITS: APPROVED AS TO FORM City Attorney ATTEST: City Secretary 200_, in Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 8 of 9 "EXHIBIT A" SCHEDULE OF FEES TO BE PAID BY KENNEDALE DAILY BOARD FEE Kenneling (per dog, cat or other small animal) $15.00 per day Quarantine (per animal) $20.00 per day HEAD PREPARATION AND SHIPMENT Per Animal Head $100.00 EUTHANIZATION AND DISPOSAL Per animal $15.00 M Interlocal Agreement with Kennedale for Rabies Control for 2008 -2009 Page 9 of 9 Date: November 13, 2008 Agenda Item No: VI -c Subject: A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXPOOL LOCAL GOVERNMENT INVESTMENT POOL Originated by: Sakura Moten - Dedrick Summary: The attached resolution is being presented before Council only to amend authorized representatives for TexPool. By approving the resolution, Council will be designating Bob Hart, City Manager; Sakura Moten - Dedrick, Finance Director; and Kathy Turner, City Secretary as authorized representatives to transmit local funds for investments. Sakura Moten - Dedrick will be the primary representative performing transactions and receiving confirmations of monthly statements. Recommended Motion: Staff recommends approval. Disposition by Council: d RESOLUTION NO. 260 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXPOOL LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, the City of Kennedale (the "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the TexasPool Local Government Investment Portfolio, a public funds investment pool (a "Pool "), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local funds for investment in the TexasPool series. The form of application for amendment to this resolution is approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representatives of the City of Kennedale. These individuals may be issued P.I.N. Numbers. t. Name: Bob Hart Title: City Manager 2. Name: Sakura Moten - Dedrick Title: Finance Director 3. Name: Kathy Turner Title: City Secretary List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Sakura Moten - Dedrick Title: Finance Director D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. APPROVED: Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary 7f Staff Repot To the Honorable Mayor and City Council Date: November 13, 2008 Agenda Item No: VI -d Subject: A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXAS SHORT TERM ASSET RESERVE PROGRAM (TEXSTAR) LOCAL GOVERNMENT INVESTMENT POOL Originated by: Sakura Moten - Dedrick Summary: The attached resolution is being presented before Council only to amend authorized representatives for TexSTAR. By approving the resolution, Council will be designating Bob Hart, City Manager; Sakura Moten - Dedrick, Finance Director; and Kathy Turner, City Secretary as authorized representatives to transmit local funds for investments. Sakura Moten - Dedrick will be the primary representative performing transactions and receiving confirmations of monthly statements. Recommended Motion: Staff recommends approval. Disposition by Council: RESOLUTION NO. 261 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXAS SHORT TERM ASSET RESERVE PROGRAM (TEXSTAR) LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, the City of Kennedale (the "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the TexasSTAR Local Government Investment Portfolio, a public funds investment pool (a "Pool "), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local funds for investment in the TexasSTAR series. The form of application for amendment to this resolution is approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representatives of the City of Kennedale. These individuals may be issued P.I.N. Numbers. 1. Name: Bob Hart Title: City Manager 2. Name: Sakura Moten - Dedrick Title: Finance Director 3. Name: Kathy Turner Title: City Secretary List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Sakura Moten - Dedrick Title: Finance Director D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. APPROVED: Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary Staff Report To the Honorable Mayor and City Council Date: November 13, 2008 Agenda Item No: I -e Subject: A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXAS TERM / TEXAS DAILY LOCAL GOVERNMENT INVESTMENT POOL Originated by: Sakura Moten - Dedrick Summary: The attached resolution is being presented before Council only to amend authorized representatives for TexTERM. By approving the resolution, Council will be designating Bob Hart, City Manager; Sakura Moten - Dedrick, Finance Director; and Kathy Turner, City Secretary as authorized representatives to transmit local funds for investments. Sakura Moten - Dedrick will be the primary representative performing transactions and receiving confirmations of monthly statements. Recommended Motion: Staff recommends approval. Disposition by Council: RESOLUTION NO. 262 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF TEXPOOL LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, the City of Kennedale (the "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment Pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the TexasTERM Local Government Investment Portfolio, a public funds investment pool (a "Pool "), was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: A. That the City of Kennedale shall amend authorized representatives, for the purpose of transmitting local funds for investment in the TexasTERM series. The form of application for amendment to this resolution is approved. B. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Kennedale and are each hereby authorized to transmit funds for investment in the Pool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. C. That the City of Kennedale may by Amending Resolution change Authorized Representatives provided the additional Authorized Representative is an officer, employee, or agent of the City of Kennedale. List of the Authorized Representatives of the City of Kennedale. These individuals may be issued P.I.N. Numbers. 1. Name: Bob Hart Title: City Manager 2. Name: Sakura Moten- Dedrick Title: Finance Director 3. Name: Kathy Turner Title: City Secretary List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Sakura Moten - Dedrick Title: Finance Director D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Pool receives a copy of any such amendment or revocation. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. APPROVED: Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary OFFICIAL SEAL UZ47ATIMM To the Honorable Mayor and City Council Date: November 13, 2008 Agenda Item No: I -f Subject: A RESOLUTION ADOPTING AN AMENDED CITY OF KENNEDALE INVESTMENT POLICY Originated by: Sakura Moten - Dedrick Summary: State law (Government Code, Chapter 2256: Public Funds Investment Act) requires the Council to review the City Investment Policy at least annually. In order to demonstrate that review, it is custom practice for the governing board of a municipality to adopt a resolution to make the review an official public record. There are no recommended changes at this time. Recommended Motion: Staff recommends approval. Disposition by Council: RESOLUTION NO. 263 A RESOLUTION ADOPTING AN AMENDED CITY OF KENNEDALE INVESTMENT POLICY WHEREAS, the City Council of the City of Kennedale, Texas is required to review the City's investment policy and investment strategies annually; and WHEREAS, this review is authorized by the Public Funds Investment Act, as amended; and WHEREAS, the City Council has reviewed the City's investment policy and investment strategies; and WHEREAS, the City Council now desires not to change the current investment policy adopted on September 13, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The City Council of the City of Kennedale, Texas hereby approves the Investment Policy dated November 13, 2008, attached hereto as "Exhibit A." PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. IN99 "0 an Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary OFFICIAL SEAL D �LL/ VIF rL Lr�r7LL State and local public laws govern the investment process for City funds. Laws cannot ensure that public officials manage public funds in a disciplined and prudent manner. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of Kennedale, that giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines. All City funds shall be invested, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued. To that end, investment interest will be used as a viable and material revenue source for all City funds. Earnings from investments will be used in a manner that will best serve the interest of the City of Kennedale. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. SUBSEQUENT REVIEW & ADOPTION SEPTEMBER 12, 2002 OCTOBER 9, 2003 SEPTEMBER 9, 2004 SEPTEMBER 13, 2005 SEPTEMBER 14, 2006 SEPTEMBER 13, 2007 NOVEMBER 13, 2008 The investment policy of the City of Kennedale shall be to have all available funds invested, to the maximum extent possible, at the highest rates obtainable at the time of investment. This is in compliance with legal and administrative guidelines, including Chapter 2256 of the Government Code ( "Public Funds Investment Act "). The investments shall be consistent with state and local laws and shall be made in accordance with the following hierarchy of objectives: A. Safet of principal and security of investments and City funds and preservation of capital; B. Maintenance of sufficient liquidity to meet operating needs; C. Diversification of investments to avoid unreasonable risks, thus earning public trust from prudent investment activities; D. Maximization of interest earnings on the portfolio. Cash management is the process, of managing monies in order to ensure maximum cash availability and maximum yield on short -term investments of idle cash. A cash management program and investment policy will be pursued by the Director of Finance to take advantage of investment interest as a viable and material revenue for all operating and capital funds. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Earnings from investments will be used in a manner that will best serve the interests of the City of Kennedale. The City is required by the Public Funds Investment Act to adopt a formal written Investment Policy. This policy sets forth the investment objectives of the City. The following definition of terms shall apply in interpreting this investment policy, and in the implementation of this investment policy: A. "City" means the City of Kennedale, and the Kennedale Economic Development Corporation. B. "Bond Proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by the City and reserves and funds maintained by the City for debt service purposes. C. "Debt Service Funds" means those funds which by ordinance or law must 3 be accumulated and are restricted to the payment of debt. D. "Reserve Funds" means those funds which by ordinance or law must be accumulated and are restricted to the payment of debt in the event debt service funds are insufficient to meet debt service obligations. E. "Book Value" means the face or par value of an investment plus accrued interest or minus amortization or plus accretion. F. "Funds" means public funds in the custody of the City that the City has the authority to invest. G. "Investment Pool" means an entity created under Public Funds Investment Act to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: 1) Preservation and safety of principal; 2) Liquidity; and 3) Yield. H. "Market Value" means the face or par value of an investment multiplied by the price quoted on the valuation date. I. "Pooled Fund Group" means an internally created fund of the City in which one or more institutional accounts (accounting funds) are invested. J. "Separately Invested Asset" means an account or fund (accounting fund) of the City that is not invested in a pooled fund group. K. "Investment" means an individual security or participation in an investment pool or qualified mutual fund. This investment policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment of funds and the designation of an investment officer. The Director of Finance will serve as the investment officer under the direct supervision of the City Manager. The Director may, when necessary, designate additional investment officers. Responsibility and authority for daily investment transactions and cash management reside with the Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff involved in investment management and procedures. The Director of 4 Finance will insure that staff, which is involved in the investment function, complies with all training requirements established by the Public Funds Investment Act. Acceptable sources of training include the Governmental Treasurer's Organization of Texas, the Municipal Treasurer's Association, the Governmental Finance Officers Association, the Governmental Finance Officers Association of Texas, the Texas Municipal League and Texas Society of Certified Public Accountants (CPA). All participants in the investment process shall seek to act responsibly as custodians of public trust. IV. ACCEPTABLE INVESTMENT INSTRUMENTS A. Obligations of the United States or its agencies and instrumentalities; B. Direct obligations of the State of Texas or its agencies; C. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities; D. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; E. Commercial Paper that has a stated maturity of 270 days or fewer from the date of issuance and is rated not less than A -1 or P -1 or an equivalent rating by at least two nationally recognized credit rating agencies; F. Certificates of Deposit issued by state and national banks domiciled in the State of Texas and collateralized or fully insured by FDIC or US Government securities; G. Direct repurchase agreements with primary security dealers having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with the City's safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty; H. SEC - registered and regulated, no -load money market mutual funds with a dollar- weighted average portfolio maturity of 90 days or less whose assets comply with the Public Fund Investment Act and whose investment objectives include seeking to maintain a stable net asset value of $1 per share. Investment in mutual funds shall be limited to a maximum of eighty 19 percent (80 %) of the City's operating funds. The Public Funds Investment Act authorizes municipalities and other political subdivisions of the State of Texas to invest their public funds jointly through investment pools that complies with the requirements of the Public Funds Investment Act. A decision to participate in an investment pool requires a Participation or Interlocal Agreement to be executed with the State or Interlocal Authority for the investment pool. Participation in these Investment Pools is approved subject to the following conditions: I. Execution of a Participation or Interlocal Agreement; J. Any investment pool that is created to function as a money market mutual fund must maintain a stable asset value as defined in the Public Funds Investment Act; K. The investment pool maintains a AAA rating by one of the rating agencies; L. Any investment pool that is created to function as a money market mutual fund must maintain a maximum average dollar weighted maturity does not exceed 90 days; M. Any investment pool that does not meet the requirements of one that is created to function as a money market mutual fund must maintain a maximum average dollar weighted maturity that does not exceed 365 days, or 366 days in the case of a leap year, and must provide a fixed interest rate and fixed maturity term for each pool position; N. The investment pool continues compliance with the remaining provisions of the Public Funds Investment Act. The Investment Officers will, in general, maintain a passive investment portfolio in which securities will be purchased with the intent to own the securities until maturity. Safety of principal with due consideration of liquidity is the foremost objective of this investment policy. Each investment transaction shall seek to avoid capital losses from security defaults or erosion of market value. The City will practice competitive bidding orally, by telephone, electronically, by rate comparisons from financial publications, or in any combination of these methods when purchasing an investment to help strengthen the investment process. All investments, other than the placement of funds in Investment Pools, will, when possible, be competitively bid and placed with vendors guaranteeing the highest rate of return. The City reserves the right to reject the most financially P favorable bid if it is potentially disruptive to its investment strategy. When appropriate, actual risk of default shall be minimized by adequate collateralization. Market risk shall be minimized by diversification. Diversification shall be directed towards investment instruments, varying maturities, and multiple investment pools and securities dealers. V. UNACCEPTABLE INVESTMENT INSTRUMENTS The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City of Kennedale: A. Collateralized mortgage obligations directly issued by a federal agency; B. Banker's acceptances; C. Reverse repurchase agreements; D. No -load mutual funds other than no -load money market mutual funds; E. Guaranteed investment contracts; F. Share certificates of qualifying credit unions. The following securities, are not authorized by the Public Funds Investment Act: G. Interest -only or principal -only strips of obligations with underlying mortgage- backed security collateral; H. Collateralized mortgage obligations with an inverse floating interest rate. A. Securities Dealers Investment Consultants and Banks Competitive bidding of all investments among securities dealers will assure that the City receives the highest yield on its investments. The City shall seek to conduct its investment transactions with several competing, reputable investment securities dealers and brokers to protect principal while achieving full advantage of the market. It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker \dealers, investment consultants, and banks. All securities dealers must be registered with and certified by the 7 Texas State Securities Commission, National Association of Security Dealers (NASD) and Securities and Exchange Commission (SEC) and must execute the Certification By Business Organization Form (Appendix A). The Director of Finance will submit financial institutions, broker /dealers and consultants to the City Council for approval. Prior to submission, the Director of Finance shall evaluate the soundness of financial institutions, broker /dealers and consultants to the extent he /she considers necessary. Investigation may include review of rating agency reports, review of call reports, and analysis of management, profitability, capitalization, and asset quality. Financial institutions, broker /dealers, and consultants with whom the City wishes to conduct business shall provide the financial data requested by the City. The Director of Finance shall review the information and decide on the soundness of a financial institution, broker /dealer, or consultant before submitting the institution to the City Council for approval. An institution must be approved by the City Council and added to the approved list before any business may be transacted with the City. The Director of Finance will submit the list for approval at least once per year. Additional institutions may be submitted as needed. The City Council shall also be able to limit the number of authorized securities dealers /banks /consultants doing business with the City as required. All banks will be Federal Reserve member banks approved by the City Council. No investments will be placed with savings and loan institutions. Repurchase Agreements will be done only with primary dealers. The master repurchase agreement of the Bond Market Association (BMA) shall be executed between the City and any primary dealer with which the City transacts repurchase agreements. Regardless of reporting status, all securities purchased shall require same day delivery (on settlement date) to the City's safekeeping agent on a delivery versus payment (DVP) basis. By doing so, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. B. Investment Type Market risk shall be minimized by diversification of investment types. The following limits, exclusive of funds placed in Investment Pools, by instrument, are established for the City's total portfolio and will be implemented after adoption of this investment policy. 1) Repurchase Agreements ............................ ............................50% 2) Certificates of Deposit .... ............................... ...........................100% 3) U.S. Treasury Notes /Bonds /Bills ..................... ...........................100% 4) U.S. Agencies /Instrumentalities (U.S. Agencies) ...................100% 5) Investment Pools ............. ............................... ...........................100% 6) Money Market Mutual Funds ........ ............................80% of Operating Funds 7) Repurchase Agreements..... Collateral Subject To Above Limits 8) Commercial ............................................................. ............................30% Paper No more than 50% of the City's total investment portfolio will be invested in any one specific investment pool. To allow efficient and effective placement of proceeds from bond sales, the limit on repurchase agreements may be exceeded for a maximum of five days following the receipt of bond proceeds. C. Investment Strategies The City of Kennedale maintains the following portfolios which will utilize the specific investment strategy considerations designed to address the unique characteristics of the pooled fund groups or separately held investment assets represented in the portfolios: 1) Debt Service Funds The City will maintain one separate debt service fund. Additional debt service funds will be established as required by ordinance or law. These funds will be operated as separately invested assets, with the exception that, for administrative purposes, funds may be commingled with the Consolidated Cash Fund (described below) on a temporary basis. Investment strategies for debt service funds shall have as the primary objective the assurance of investment 9 liquidity adequate to cover the debt service obligation on the required payment date. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes /Bonds /Bills (100%), U.S. Agencies (100 %), Investment Pools (100%), and Repurchase Agreements (limited to above percentages on transferred collateral). Securities purchased shall not have a stated final maturity date that exceeds the corresponding debt service payment date. 2) Reserve Funds The City has no reserve funds at this time. Reserve funds will be established as required by ordinance or law. Investment strategies for debt service reserve funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. Maturity limitations for single issue reserve funds shall not exceed the call provisions of the Bond Ordinance and shall not exceed the final maturity of that bond issue. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (1000, U.S. Treasury Notes /Bonds /Bills (100 %), U.S. Agencies (1000, Investment Pools (100%), and Repurchase Agreements (limited to above percentages on transferred collateral). The maximum stated final maturity for investments shall be ten years. 3) Special Project or Special Purpose Funds Special project or special purpose funds may be maintained as separately invested assets or, unless prohibited by controlling ILI ordinances, be commingled in the Consolidated Cash Fund (described below). Should controlling ordinances require segregation of the Fund's assets for investment purposes, the Fund's assets, for administrative purposes, may be commingled with the Consolidated Cash Fund (described below) on a temporary basis. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. Eligible securities for portfolios maintained as separately invested assets and maximum composition of the portfolio include Certificates of Deposit (100 %), U.S. Treasury Notes /Bonds /Bills (100 %), U.S. Agencies (1000), Investment Pools (100 %), Money Market Mutual Funds (80%- subject to Public Fund Investment Act limitations), and Repurchase Agreements (limited to above percentages on transferred collateral). The stated final maturity dates of securities held should not exceed the estimated project completion date. Funds in excess of defined construction payments schedules shall be limited to a weighted average days to maturity of three years and a maximum final maturity date of five years. 4) Consolidated Cash Fund The Consolidated Cash Fund shall operate as a pooled fund group and consists of all City funds not designated as another Fund. The investment strategies for the Consolidated Cash Fund have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure that will experience minimal volatility during economic cycles. This may be accomplished by purchasing securities that will complement each other in a laddered or barbell maturity structure. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes /Bonds /Bills (1000), U.S. Agencies (1000) Investment Pools (1000), Money Market Mutual Funds (80%- subject to Public Fund Investment Act limitations) and Repurchase Agreements (limited to above percentages on transferred collateral). The dollar weighted average maturity of the 365 days or less will be calculated using the stated final maturity dates of each security. The maximum maturity date using the stated final maturity date for an individual security is three years. VII. SAFEKEEPING The laws of the State of Texas and prudent financial management require that all purchased securities shall be held in safekeeping by either a City account in a third party financial institution, or the City's safekeeping account in its designated depository bank, or in a Federal Reserve Bank. The safekeeping requirement does not apply to Certificates of Deposit that are FDIC insured. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmations will be used for documentation and retention purposes. The Director of Finance must approve release of collateral prior to its removal from the safekeeping account. VIII. COLLATERALIZATION Consistent with the requirements of State law, the City requires all bank deposits to be federally insured or collateralized with securities approved for investment under Section IV of this policy. Financial institutions serving as City depositories will be required to sign a depository agreement with the City and the City's safekeeping agent or the Federal Reserve Bank. The safekeeping portion of the agreement shall define the City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: A. The agreement must be in writing; B. The agreement has to be executed by the depository and the City contemporaneously with the acquisition of the asset; C. The agreement must be approved by the board of directors or the loan committee of the depository and a copy of the meeting minutes must be delivered to the City, specifically to the Director of Finance; D. The agreement must be part of the depository's "official record" continuously since its execution. The City considers repurchase agreements as simultaneous sales and purchases of securities rather than collateralized loans. However, securities underlying repurchase agreements are referred to as "collateral" for the purpose of this policy. Bank demand deposits and certificates of deposit plus accrued interest up to $100,000 per bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. 12 The Public Funds Investment Act provides that the City may invest in certificates of deposit that are fully guaranteed by the FDIC. Acceptable forms of collateral are limited to investments authorized in Section IV of this policy. Collateral is valued at current market value plus interest accrued through the date of the valuation. Bank demand deposits, certificates of deposit (including accrued interest) and repurchase agreements (par value plus accrued interest) shall be secured by pledged collateral with a market value equal to or not less than 1020 of deposits. Evidence of the pledged collateral shall be maintained by the Director of Finance and held by an independent third party financial institution. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution of collateral must contact the Director of Finance or, in his /her absence, the City Manager for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greater than the original collateralization level. The Director of Finance or the City Manager must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowed for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with which the City invests and /or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following: • Name • Type /Description • Par Value • Current Market Value • Maturity Date • Moody's or Standard & Poor's Rating (Both If Available) 13 Under state law, Chapter 105 of the Local Government Code, substitution and release of collateral must be approved by the governing body. The City Council hereby delegates this responsibility and authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy to the Director of Finance. IX. INVESTMENT REPORTING Each quarter, the Director of Finance and investment officers designated by the Director of Finance shall prepare and submit to the City Council a written report of all investment transactions. The report will include the following information: 1) a detailed description of the investment position of the City at the end of the quarter; 2) a summary statement of each pooled fund group that states a) beginning market value for the quarter, additions and changes to the market value during the period, and ending market value for the period; 3) state the book value and market value of each separately invested asset at the beginning and end of the quarter by the type of asset and fund type invested; 4) state the maturity date of each separately invested asset that has a maturity date; 5) state the fund or pooled group fund for which each individual asset was acquired; 6) state fully accrued interest for the reporting quarter; and 7) demonstrate compliance with the investment strategy established in this policy and by the Public Funds Investment Act. Authorized sources of market values included in the report include the Wall Street Journal and First Southwest Company. This report must be prepared jointly and signed by all investment officers of the City and the City Manager. X. PRUDENCE AND ETHICAL STANDARDS The standard of prudence used by the City of Kennedale shall be the "prudent person rule" and shall be applied in the context of managing the overall portfolio. The prudent person rule is restated as follows: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and 2) whether the investment decision is consistent with this investment policy. 14 Investment Officers shall notify the City Council of any conflicts of interest, as defined in the Public Funds Investment Act, no later than the next regularly scheduled City Council meeting. It is the City's policy that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. XI. ARBITRAGE The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax - exempt general obligation and revenue bond proceeds, debt service funds and reserve funds. These new arbitrage rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and recordkeeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. Chapter 105 of the Local Government Code prescribes procedures for selection of a city depository designating that both general -law and home -rule cities are "authorized to receive applications (as depository) for the custody of city funds from any banking corporation, association, or individual banker doing business within the city." This clause indicates that cities are not required to designate one central depository. The City of Kennedale will, through a request for applications process, designate one or more banks as its primary depository. This centralization is designed to 15 maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The evaluation criteria the City of Kennedale will use to consummate a banking services contract will include: A. Full service capabilities; B. Submission of financial statements and availability schedules; C. Collateralization of the total City funds on deposit in the bank; D. Statement of staff experience and equal opportunity employment practices; E. Cost of banking services. Obtaining competitive applications on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institution's offering the most favorable terms and conditions for the handling of City funds (Chapter 105 of the Local Government Code) and the services available to the City. State law permits a contract period of five years or less. The City's contract shall not exceed this five (5) year contract period. Annual performance reviews of the contract will be conducted by the Director of Finance. Special banking needs may be contracted for by the City outside this policy if approved by the Director of Finance. If a depository does not meet the City's requirements in the banking services contract, the bank will be required to meet the requirements within six months or lose the depository contract. The City, in conjunction with its annual financial audit, will require the audit firm to conduct a compliance audit of the management controls on investments and adherence to investment policies. XIV. ANNUAL REVIEW The Director of Finance shall, at a minimum, submit proposed amendments of this policy to the City Council annually. CITY OF KENNEDALE, TEXAS TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION BY BUSINESS ORGANIZATION This certification is executed on behalf of the City of Kennedale, Texas and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the City of Kennedale, Texas (as defined in the Act); and The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the City of Kennedale, Texas; and The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the City of Kennedale, Texas that are not authorized by the investment policy of the City of Kennedale, Texas, except to the extent that this authorization is dependent on an analysis of the makeup of the City of Kennedale, Texas entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative of the Business Organization Name Title Date :, , To the Honorable Mayor and City Council Date: November 13, 2008 Agenda Item No: I -g Subject: A RESOLUTION ADOPTING A CITY OF KENNEDALE PURCHASING POLICY Originated by: Sakura Moten - Dedrick Summary: State law (Local Government Code, Chapter 252: Purchasing and Contracting Authority of Municipalities) serves as the primary purchasing authority for the City of Kennedale. In to several administrative updates, which further establish standard practices and procedures to create uniformity, economy, efficiency and effectiveness in our purchasing program, Staff has also incorporated a major revision due to a recent change in statute. Specifically, the expenditure threshold has increased from $25,000 to $50,000 in reference to competitive bidding and proposal requirements per Senate Bill 1765. This policy has not been formally adopted by Council in the past; however, it was created on May 16, 2005 and reviewed administratively through Current day. Similar to our Investment Policy, it is our intent to bring forth this policy to Council for review at least annually. In order to demonstrate that review, it will be custom practice for the governing board of a municipality to adopt a resolution to make the review an official public record. Recommended Motion: Staff recommends approval. Disposition by Council: i RESOLUTION NO. 264 A RESOLUTION ADOPTING A CITY OF KENNEDALE PURCHASING POLICY WHEREAS, on May 16, 2005, City Staff created the document entitled, "Purchasing Policy," as guildelines for future City procurement; and WHEREAS, Senate Bill No. 1765, effective September 1, 2007, amends Texas Local Government Code Section 252.022 requiring municipalities to comply with competitive bidding requirement for contracts that require expenditures of more than $50,000, thereby increasing the threshold from $25,000 to $50,000; and WHEREAS, in the interest of efficiency of administrative governmental operations, Staff wants to increase the competitive bidding threshold to $50,000 to be consistent with State law; and WHEREAS, the City Council has reviewed the City's Purchasing Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The City Council of the City of Kennedale, Texas hereby approves the Purchasing Policy dated November 13, 2008, attached hereto as "Exhibit A." PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. ". • Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary OFFICIAL SEAL Li vi YLLJ/�1LL 1III61 ONF[IQe�i7I[N7 • • i ili • 1 1 PREFACE State law (Local Government Code, Chapter 252: Purchasing and Contracting Authority of Municipalities) serves as the primary purchasing authority for the City of Kennedale. In to several administrative updates, which further establish standard practices and procedures to create uniformity, economy, efficiency and effectiveness in our purchasing program, Staff has also incorporated a major revision due to a recent change in statute. Specifically, the expenditure threshold has increased from $25,000 to $50,000 in reference to competitive bidding and proposal requirements per Senate Bill 1765. This policy has not been formally adopted by Council in the past; however, it was created on May 16, 2005 and reviewed administratively through current day. It is our intent to bring forth this policy to Council for review at least annually. In order to demonstrate that review, it will be custom practice for the governing board of a municipality to adopt a resolution to make the review an official public record. SUBSEQUENT REVIEW & ADOPTION N/A 3 I. PURPOSE The purpose of this policy is to establish standard practices and procedures to create a uniformity, economy, efficient and effective purchasing program for the City of Kennedale. It is the policy of the City of Kennedale to authorize purchases at time and place needed in the proper quantity and of the proper quality, all goods and services required for City operations. Goods and services shall be procured at the lowest possible cost consistent with prevailing economic conditions while establishing and maintaining a reputation for fairness and integrity. The procurement of goods and services shall be achieved within the mandates of federal, state, and local statues, ordinances, and codes. III. PURCHASING AUTHORITY A. Excerpts from the Texas Local Government Code, Chapter 252, Subchapter B: 1) Section 252.021 "before a municipality may enter into a contract that requires an expenditure of more than $50,000 from one or more municipal funds, the municipality must comply with the procedure prescribed by this chapter for competitive sealed bidding or competitive sealed proposals." 2) Section 252.0215, " A municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section." B. Any exemption per Section 252.022: General Exemption of Texas Local Government Code will need the approval from City Manager. The Department Head will need to include a written explanation, as well as copies of all the quotes for City Manager review. Upon approval from City manager, attach written explanation and all documentation to the Purchase Order Requisition and send to Finance Department for payment. 4 C. Department Head signature shall approve all purchases up to $2999.99. Invoice with Department Head approval shall be sent directly to Finance Department for payment. D. For any purchase over $2999.99, the Department must obtain a Purchase Order from Finance Department prior to placing the order. A Purchase Order Requisition with the signatures of the Department Head and City Manager should be sent to Finance Department before a Purchase Order can be issued. The submitting Department shall also determine whether sufficient funding is available prior to submitting the Purchase Order requisition. Purchase Order requisition should also contain suggested vendors for the product /service. E. The City Council shall approve and award all purchases of $25,000 or more. If the purchase is from a City Manager approved Interlocal Agreement, and it is a budgeted item, no additional Council action is needed. IV. DEFINITIONS A. Bid: A formal document used to define products and /or services to be purchased. B. Authorized: Any person authorized by the Department to purchase products and /or services within their level of authority. C. Historically Underutilized Business (HUB): Any business determined by the State of Texas to be a disadvantaged (minority /woman owned) vendor. D. Invoice: A document submitted to the City of Kennedale, by a vendor, requesting payment for products and /or services received and accepted. E. Payment Authorization: An approval initiated by an authorized City representative that approves payment to a vendor for purchases not requiring a Purchase Order. F. Purchase, Capital: Any purchase of items defined in Administrative Policy under Capitalization. An acquisition of Fixed Asset form needs to be filled out when purchase fixed assets $1,000 or over and all computer, monitor or printer. 5 G. Purchase, Emergency: A purchase, exempt from competitive bidding, necessary to allow continuous operations due to unforeseen occurrences that might otherwise jeopardize the health and /or safety of the public, staff, City property or City equipment. H. Purchase, Single Source: Any purchase of items available from only one source because of patents, copyrights, proprietary processes, natural monopolies, captive replacement parts, or components for equipment. Purchase Order (PO): A document created by Finance Department that gives vendor authorization to provide supplies and services of $3,000 and above. J. Quote: An offer, including pricing, quantity, and shipping charges, from a vendor, which may or may not be accepted by the City staff. Department personnel need to obtain their own quotes. K. Request for Proposal (RFP): A formal document used to solicit product and cost information for high technology or purchases that cannot be specifically defined (i.e. accounting, architectural, engineering or auditing services). L. Purchase Order Requisition: A document used for requesting a purchase order (used for acquiring all products /services $3,000 and over). M. User / Requesting Department: Any City Department. N. Vendor: Any business that provides products and /or services in an open and competitive market. O. Vendor, Ineligible: Any person, firm or corporation that is in financial arrears to the City of Kennedale or has conducted inappropriate practices as deemed and documented by the City staff. A. Verification of fund availability is the responsibility of the User Department. B. Finance Department shall verify available funds through the City's financial reporting system during requisition entry. If funds are not available at the time, no purchase will be made until funds are made available with approval from City Manager. 0 VII. PROCEDURES A. Purchases Up to $2,999.99 1) For purchases up to $2999.99, the using Department has the authority to choose a vendor and place the order. Department Head signature is required. B. Purchases $3,000 to $24,999.99 1) A Purchase Order must be obtained prior to any purchase $3,000 or over. This includes all products and services. 2) Three (3) quotations are required and must accompany the Purchase Order Requisition. Intentionally splitting purchases to circumvent the system (i.e. two or more purchases made to keep the amount under $3,000) will result in disciplinary action. 3) The User Department shall complete a Purchase Order Requisition and determine if there are at least two HUB Vendors in Tarrant County. Procedures to get HUB list are attached (Appendix A). a) If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section. 4) The User Department shall select the winning responsible vendor based upon the lowest overall price meeting specification (s). 5) Send Purchase Order Requisition with proper approval and quotations to Finance Department. Department Head and City Manager signature is required. 6) Finance Department will issue a Purchase Order and User Department will contact the successful vendor to place the order. 7) Any exemption needs City Manager's approval according to Section (111)(B) of the Purchasing Policies., C. Purchases $25,000 to $49,999.99 1) Follow same Steps 1) through 4) in the prior section. a 2) User Department shall prepare an agenda package noting winning responsible vendor for City Council approval. 3) If approved by the City Council, the Finance Department shall complete the requisition and assign a Purchase Order number for the User Department to notify the successful vendor. 4) If not approved or postponed until additional information is provided, no purchase order or award may be issued without subsequent Council authorization. 5) Any exemption needs City Manager's approval according to Section (111)(B) of the Purchasing Policies. D. Purchases $50,000 Up 1) With the approval from the City Manager to begin the bidding process, the User Department shall prepare a bid package with specifications and any other pertinent information. Along with the specifications and other information, the Department may submit suggested vendors for the item (s) requested. 2) A notice will be published in Kennedale's official newspaper to indicate the City's intent to accept bids in accordance with State law. Bids must be advertised for two consecutive weeks with the first publication at least 14 days prior to the bid opening date. (Note: Bid packets will be mailed to prospective suppliers only upon vendor request). 3) Vendor pre -bid conferences may be conducted if, in the opinion of requesting Department, further explanation or coordination is needed due to the nature of the bid. 4) The City Secretary or his /her designee shall publicly open the bids received and read them aloud at a designated time and as indicated in the bid packet. The City Secretary or his /her designee will indicate to those present when the Council will most likely address this item and will make available to those present the names of the vendors and the amount of their respective bids. In the case of an RFP, only the submitter's names will be announced. A tabulation will then be created. A representative from the User Department should be present during bid openings. 5) The User Department shall review all documents and provide a written award recommendation to the Finance Department. 6) The Finance Department shall review and evaluate all bid documents, including departmental recommendations, to insure total compliance with all City policies and State laws within three business days after receiving the written award recommendation. 7) The User Department shall prepare an agenda package for City Council approval. As per Section 271.905 of the Local Government Code, if a local vendor is within three (3%) percent of the lowest non -local vendor, a note will be sent to the City Council so it can make a determination, in writing, if the local vendor offers the best combination of contract price and additional economic development opportunities for the local government. This applies only to purchases of real property or personal property not affixed to real property. 8) If approved by the City Council, the Finance Department shall complete the requisition and assign a Purchase Order number for the User Department to notify the successful vendor. 9) If not approved or postponed until additional information is provided, no purchase order or award may be issued without subsequent Council authorization. D. The criteria for a purchase of goods and services will be based on the "Best Value" criteria stated in Section 252.043 of the Local Government Code. E. The User Department shall be responsible for the acceptance of products by verifying specifications and inspecting the quality and quantity of all items received. 1) Purchase Order corrections or changes shall be made by the issuer of the original document or his /her designee. 2) The User Department shall remit necessary documentation to the Finance Department for payment and coordinate vendor invoicing as necessary. A. The Finance Department may audit User Department purchasing files to ensure compliance with the procedures described herein. VIII. PURCHASE ORDER /CONTRACT CHANGE ORDERS 9 A. For original purchase orders between $3,000 and $24,999.99, change orders increasing or decreasing the original order by not more than 25 percent shall be approved by the Department Head. B. For original purchase orders equal or greater than $25,000, change orders increasing or decreasing the original contract or bid amount by less than $25,000 (not to exceed 25 percent of the original contract), shall be approved by the City Manager or his /her designee. C. In no case shall the combined total of all change orders exceed an increase of 25 percent of the original contract amount, unless with City Council approval. D. For original purchase orders equal or greater than $25,000, a change order may not decrease the original contract or bid amount by more than 25 percent without contractor approval. E. Change orders causing the original purchase orders to become equal to or greater than $25,000 in the aggregate of all change orders, shall be submitted to the City Council, regardless of the amount of increase. IX. PAYMENT AUTHORIZATIONS A. Payment approval from Department Head is required to pay for memberships, dues, subscriptions, travel, refunds, utility bills, training, non - contractual professional services, and pre - payment for products and /or services, etc. B. Approved invoices are forwarded directly to the Finance Department with the appropriate supporting documentation and signatures. C. If payment approvals are made for partial payments on Purchase Orders (usually long term contracts and construction), a copy of the original Purchase Order (PO) is to be attached to the invoice so that the amounts are subtracted from the PO. A. A competitive sealed RFP procedure may be used for high technology procurements as allowed under State law existing or as amended. a B. A competitive sealed RFP procedure shall be used for professional, personal or planning services as required by State law existing or as amended. XI. INELIGIBLE VENDORS A. An ineligible vendor shall not be allowed to conduct business until: 1) Financial arrears are paid in full. 2) Inappropriate practices are corrected. 3) Vendors have satisfied any and all penalties imposed by the City. 4) If applicable, a listing of ineligible vendors will be developed and distributed annually by the Finance Department to all other departments, unless a greater frequency is determined by the Director of Finance. 5) At the recommendation of a User Department, the Finance Department may declare a vendor ineligible if it has failed to comply with the terms of a previous award, specifications of a bid or conducted inappropriate business practices. 6) The penalty imposed may be for a period of up to twelve (12) months during which time bids submitted by such vendor shall not be considered. 7) A penalty greater than twelve (12) months due to the severity of the infraction requires the approval of the City Manager or his designee. B. The City of Kennedale reserves the right to change, modify, amend, revoke or rescind all or part of this policy in the future. The Director of Finance shall, at a minimum, submit proposed amendments of this policy to the City Council annually. r CITY OF KENNEDALE, TEXAS HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROCEDURES A. Excerpts from the Texas Local Government Code, Chapter 252, Subchapter B: A. Section 252.0215, " A municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section." B. Centralized Master Bidders List & Historically Underutilized Business (HUB) Search 1) Go to 2) Click "HUBS on CMBL." 3) Enter "Class Code, Item Code, District" if available. Description of each is provided by clicking on link directly below. 4) Select "Tarrant" on Texas County dropdown list. 5) Click "Submit Search." 6) Select appropriate Output Fields on "Select Fields For Detail List" page. 7) Click "Go." 8) Results will appear. WA W1 AJ g To the Honorable Mayor and City Council Date: November 13, 2008 Agenda Item No: I -h Subject: A RESOLUTION ADOPTING A CITY OF KENNEDALE IDENTITY THEFT PREVENTION PROGRAM (ITPP) Originated by: Sakura Moten - Dedrick Summary: The Federal Trade Commission (FTC) recently adopted rules on identity theft "red flags" (i.e., warning signs) pursuant to the Fair and Accurate Credit Transactions (FACT) Act of 2003. The new rules, which mandate action by November 1, 2008 (recently extended to May 1, 2009), require any business with a "covered account" to adopt and implement an identity theft program. Most cities that operate a municipal utility will be affected by these new rules. A covered account is one where an entity (such as a municipal utility) provides a service or good before the consumer pays for it. For example, most municipal water utilities provide water to the customer, then the utility bills the customer later based on consumption. A city with such accounts must adopt and implement a written program that: (1) identifies relevant identity theft "red flags" to the utility or other covered entity; (2) provides for detection of those red flags; (3) provides for appropriate responses to any red flags that are detected; and (4) ensures that the program is updated periodically to address changing risks. Red flags may include unusual account activity, altered identity documents that are used to apply for an account, and a variety of other signs. Appropriate action in response to a red flag might include, among other actions, verification of personal information, contacting the customer, or other action that would prevent identity theft. Similar to our Investment Policy, it is our intent to bring forth this ITPP to Council for review at least annually. In order to demonstrate that review, it will be custom practice for the governing board of a municipality to adopt a resolution to make the review an official public record. Recommended Motion: Staff recommends approval. Disposition by Council: RESOLUTION NO. 265 A RESOLUTION ADOPTING A CITY OF KENNEDALE IDENTITY THEFT PREVENTION PROGRAM (ITPP) WHEREAS, the Fair and Accurate Credit Transactions Act of 2003, Pub. L. 108 -159, ( "Red Flags Rule ") requires certain financial institutions and creditors with "covered accounts" to prepare, adopt, and implement an identity theft prevention program to identify, detect, respond to and mitigate patterns, practices or specific activities which could indicate identity theft; and WHEREAS, the City of Kennedale maintains certain continuing accounts with utility service customers and for other purposes which involve multiple payments or transactions, and such accounts are "covered accounts" within the meaning of the Red Flags Rule; and WHEREAS, to comply with the Red Flags Rule which became effective November 1, 2008, Staff have prepared an Identity Theft Prevention Program (ITPP) and have recommended that the ITPP now be approved and adopted by the City Council for implementation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The City Council of the City of Kennedale, Texas hereby approves the Identity Theft Prevention Program dated November 13, 2008, attached hereto as "Exhibit A." PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary OFFICIAL SEAL Ar-Ir yl Elm PREFACE The Federal Trade Commission (FTC) recently adopted rules on identity theft "red flags" (i.e., warning signs) pursuant to the Fair and Accurate Credit Transactions (FACT) Act of 2003. The new rules, which mandate action by November 1, 2008 (recently extended to May 1, 2009), require any business with a "covered account" to adopt and implement an identity theft program. Most cities that operate a municipal utility will be affected by these new rules. A covered account is one where an entity (such as a municipal utility) provides a service or good before the consumer pays for it. For example, most municipal water utilities provide water to the customer, then the utility bills the customer later based on consumption. A city with such accounts must adopt and implement a written program that: (1) identifies relevant identity theft "red flags" to the utility or other covered entity; (2) provides for detection of those red flags; (3) provides for appropriate responses to any red flags that are detected; and (4) ensures that the program is updated periodically to address changing risks. Red flags may include unusual account activity, altered identity documents that are used to apply for an account, and a variety of other signs. Appropriate action in response to a red flag might include, among other actions, verification of personal information, contacting the customer, or other action that would prevent identity theft. It is our intent to bring forth this ITPP to Council for review at least annually. In order to demonstrate that review, it will be custom practice for the governing board of a municipality to adopt a resolution to make the review an official public record. SUBSEQUENT REVIEW & ADOPTION N/A 2 i I. PROGRAM ADOPTION The City of Kennedale ( "City ") developed this Identity Theft Prevention Program ( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule "), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed for the Utility Department of the City ( "Utility ") with oversight and. approval of the City Council. After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the City Council determined that this Program was appropriate for the City's Utility, and therefore approved this Program on November 13, 2008. .� I T51 a k wo pk A. Establish an Identity Theft Prevention Program To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003 B. Establishing and Fulfilling Requirements of the Red Flags Rule The Red Flags Rule ( "Rule ") defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" ( "Red Flag ") as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. Under the Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. The Program must contain reasonable policies and procedures to: 1) Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2) Detect Red Flags that have been incorporated into the Program; 3) Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4) Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. 3 C. Red Flags Rule Definitions Used In This Program 1) City: The City of Kennedale, Texas. 2) Covered Account: Under the Rule, a "covered account" is: a) Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; or b) Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. 3) Creditors: The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non - profit and government entities defer payment for goods or services, they, too, are to be considered creditors." 4) Identifying Information is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. 5) Program: The Identity Theft Prevention Program for the City. 6) Program Administrator: The Director of Finance is the Program Administrator for the Program. 7) Utility: The Utility is the Utility Department for the City. III. IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Consumer Credit Reporting Agencies 1) Red Flags a) Report of fraud accompanying a consumer credit report; b) Notice or report from a consumer credit agency of a credit freeze on a customer or applicant; 4 c) Notice or report from a consumer credit agency of an active duty alert for an applicant; and d) Indication from a consumer credit report of activity that is inconsistent with a customer's usual pattern or activity, including but not limited to: • Recent and significant increase in volume of inquiries • Unusual number of recent credit applications • A material change in use of credit • Accounts closed for cause or abuse B. Suspicious Documents 1) Red Flags a) Identification document or card that appears to be forged, altered or inauthentic; b) Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; c) Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and d) Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information 1) Red Flags a) Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between Social Security number range and date of birth); b) Identifying information presented that is inconsistent with other sources of information (for instance, Social Security number or an address not matching an address on a credit report); c) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; d) Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5 e) Social Security number presented that is the same as one given by another customer; f) An address or phone number presented that is the same as that of another person; g) A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required) or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and h) A person's identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account 1) Red Flags a) Change of address for an account followed by a request to change the account holder's name; b) Payments stop on an otherwise consistently up -to -date account; c) Account used in a way that is not consistent with prior use (example: very high activity); d) Mail sent to the account holder is repeatedly returned as undeliverable; e) Notice to the Utility that a customer is not receiving mail sent by the Utility; f) Notice to the Utility that an account has unauthorized activity; g) Breach in the Utility's computer system security; and h) Unauthorized access to or use of customer account information. E. Alerts from Others a) Notice to the Utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. IV. DETECTING RED FLAGS A. New Accounts R In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: 1) Detect a) Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; b) Verify the customer's identity (for instance, review a driver's license or other identification card); c) Review documentation showing the existence of a business entity; d) Request additional documentation to establish identity; and e) Independently contact the customer or business. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: 2) Detect a) Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); b) Verify the validity of requests to close accounts or change billing addresses; and c) Verify changes in banking information given for billing and payment purposes. In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: A. Prevent and Mitigate 1) Continue to monitor an account for evidence of Identity Theft; 2) Contact the customer, sometimes through multiple methods; 3) Change any passwords or other security devices that permit access to accounts; 7 4) Not open a new account; 5) Close an existing account; 6) Do not close the account, but monitor or contact authorities; 7) Reopen an account with a new number; 8) Notify the Program Administrator for determination of the appropriate step(s) to take; 9) Notify law enforcement; or 10) Determine that no response is warranted under the particular circumstances. B. Protect Customer Identifying Information In order to further prevent the likelihood of identity theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1) Ensure that its website is secure or provide clear notice that the website is not secure; 2) Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; 3) Ensure that office computers are password protected and that computer screens lock after a set period of time; 4) Change passwords on office computers on a regular basis; 5) Ensure all computers are backed up properly and any backup information is secured; 6) Keep offices clear of papers containing customer information; 7) Request only the last 4 digits of social security numbers (if any); 8) Ensure computer virus protection is up to date; and 9) Require and keep only the kinds of customer information that are necessary for utility purposes. This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. At least annually, the Program Administrator will consider the Utility's experiences with Identity Theft situation, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the Utility maintains and changes in the Utility's business arrangements with other entities, consult with law enforcement authorities, and consult with other City personnel. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, N . are warranted. If warranted, the Program Administrator will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the Program. VII. PROGRAM ADMINISTRATION A. Oversight Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator who may be the head of the Utility or his or her appointee. Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Initially, all Utility staff shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Thereafter, all Utility staff shall undergo update training not less than annually. Additionally, all new Utility employees shall undergo training. All Utility staff shall submit reports as needed concerning the Utility's compliance with the program, the training that has been given and the effectiveness of the policies and procedures in addressing the risk of Identity Theft, including recommendations for changes to the Program. While incidents of Identity Theft are to be reported immediately to the Program Administrator, the reports shall contain a recap of the incident and include the steps taken to assist with resolution of the incident. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, including but not limited to franchise utility providers, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable I policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1) Require, by contract or contract amendment, that service providers have such policies and procedures in place; and 21 Require, by contract or contract amendment, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Specific Program Elements and Confidentiality For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding the Utility's specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific practices is to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general red flag detection, implementation and prevention practices are listed in this document. VIII. ANNUAL REVIEW It is recommended that The Director of Finance shall, at a minimum, submit proposed amendments of this policy to the City Council annually. Agenda Item No: vi -i Subject: Adopt a resolution supporting the application of S &B Technical Products, Inc., for a municipal setting designation for property at 1300 E. Berry Street Fort Worth, Texas to the Texas Commission on Environmental Quality Originated by: Bob Hart Summary: In 2003, a state law became effective creating the concept of a Municipal Setting Designation (MSD). The purpose of an MSD is to certify properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by municipal ordinance. A person, typically a developer, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as an MSD. If granted, they will not be required to clean up designated groundwater on their site to drinking water standards, although other cleanup standards such as inhalation and contact must still be met. The application will not be approved by the TCEQ if the municipality where the site is located does not give formal approval. That approval must be by means of a City Council resolution supporting the application and an ordinance prohibiting potable use of groundwater in the MSD (potable water is water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes). The groundwater to be restricted is shallow, perched groundwater that occurs at depths of three feet below ground surface (bgs) down to the top of the underlying, confining limestone layer that occurs at a depth of approximately 20 feet bgs. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The predominant chemical of concerns detected in the groundwater are benzene, total petroleum hydrocarbons (TPH), tetrachloroethylene (PCE), trichloroethylene (TCE), dichloroethene (DCE), cis -1,2- dichloroethane (CDCE), trans 1,2- dichloroethene (TDCE), 1,1- dichloroethane (1,1 DCA), 1,2- dichloroethane (1,2 DCA) and vinyl chloride. Attachments: Letter from the applicant's engineer, Kleinfelder Date: November 13, 2008 r DER Bright People. Right Solutions. October 16, 2008 Project 92929 The Honorable Mayor and City Council City of Kennadale 405 Municipal Drive Kennedale, Texas 76060 Attention Mr. Bob Hart, City Manager Subject: Support Resolution — Municipal Setting Designation 1300 East Berry Street Fort Worth, Texas Dear Mayor and Council Members: 6850 Manhattan Blvd., Suite 300 Fort Worth, TX 76120 pl 817.429.6692 fl 817.429.7869 kleinfelder.com Kleinfelder Central, Inc. (Kleinfelder) is providing technical assistance to S &B Technical Products (S &B) in pursuit of a resolution from Kennedale in support of a Municipal Setting Designation (MSD) for the company's property in Fort Worth, Texas. The City of Fort Worth passed Resolution No. 3668 -10 -2008 on October 14, 2008 in support of the MSD. To complete this process, we will need a resolution in support of the MSD from your city. _MSD Location and Purpose The MSD site lies approximately 4.7 miles to the northwest of your community on the east side of Fort Worth. Attached to this request is a map showing the MSD site as compared to the closest registered well listed for your city. The MSD site has been impacted by historic releases of chlorinated and petroleum compounds. The shallow subsurface soils and perched groundwater at the MSD site have been affected by the releases of petroleum and chlorinated solvent historically used at the site. Receipt of the MSD will allow this site to complete the ongoing closure activities occurring in the Texas Voluntary Cleanup Program (VCP). As part of the MSD process, and to insure all interested parties are included, the State of Texas requires that we have written confirmation of our contacting you and your response in the form of a resolution of support to the proposed MSD. This is required because you are a municipal public utility with a groundwater supply located within a 5 -mile radius of the project. This letter is to provide you information to alleviate concern you might have in regard to the historic contamination identified in the MSD area. Regional Geology and Hydrogeology The groundwater sought to be restricted is a shallow, perched unit comprised of calcareous clays from grade to an approximate depth of 9 to 15 feet below grade surface (bgs). These clays are underlain by a shallow limestone unit to a depth of 13 to 20 feet bgs. 92929.msd.support.kennedale Copyright 2008 Kleinfelder MSD Resolution Request S &B Technical Products Page 2 6850 Manhattan Blvd., Suite 300 Fort Worth, TX 76120 pl 817.429.6692 fl 817.429.7869 kleinfelder.com The shallow groundwater unit is underlain by several consecutive limestone and clay formations that extend from approximately 9 to 20 feet bgs to an estimated combined depth of between 225 to 300 feet. These formations serve as a regional aquitard that prevents the vertical migration of COCs in the shallow groundwater unit to underlying potable aquifers. These confining units include the Duck Creek Formation, Fort Worth Limestone, Denton Clay, Weno Limestone, and Pawpaw Formation (collectively known as the Washita Group). The Washita Group is underlain by the Edwards Limestone, Comanche Peak Limestone, Goodland Limestone, and Walnut Shell Conglomerate (collectively known as the Fredericksburg Group) which extends an approximate 80 to 100 feet beneath the Washita Group and also acts as a regional aquitard. The Washita and Fredericksburg Groups do not provide usable drinking water and serve as a confining layer to the shallow impacted groundwater described above. According to the Texas Water Development Board (TWDB), the first major aquifer beneath the site is the Trinity Group. The Trinity Group is comprised of the Antlers /Glen Rose, Twin Mountains, and Paluxy Formations with the shallowest of these formations being encountered at seasonal depths ranging from approximately 500 to 750 feet beneath the site. No minor aquifers, as designated by TWDB, underlay the site. City Supply Wells The closest registered City wells utilize the Paluxy formation at well depths in excess of 500 feet. The closest City well (G2200017H) is located over 25,000 feet from the identified release and is hydrogeologically disconnected from the impacted groundwater in the MSD area. It is also important to note that the source of the main on -site release was remediated in 2005 and the groundwater plumes are currently declining in size as a result. Further, as reference; a 2000 Air Force Center for Environmental Excellence (AFCEE) review of over 180 regulatory files found the average petroleum releases and chlorinated solvent releases did not exceed 250 feet and 1,000 feet in length from the source, respectively. Copyright 2008 Kleinfelder MSD Resolution Request S &B Technical Products Page 3 6850 Manhattan Blvd., Suite 300 Fort Worth, TX 76120 pI 817.429.6692 fl 817.429.7869 kleinfelder.com Conclusion Based on the distance to the nearest water well used by the City (Approximately 4.7 miles from the identified release), the completion of registered City wells into deeper geologic units (over 500 feet below grade), the over 200 feet of confining layers (limestone and clay) between the impacted perched water table at the MSD site (extending to less than 20 feet below the surface) and the aquifers used by the City, the identified releases in the MSD area do not pose a threat to the City wells. We request the passage of a resolution in support of the 1300 East Berry MSD by your City Council at the earliest available opportunity to allow S &B to complete the VCP closure process. Please feel free to contact the undersigned if you have any comments or uestions concerning this letter or the attachments. Sincerely, Kleinfelder I . ' 4LUd-"� Kyle Knight Project Manager JKelheth S. Tramm, PhD, PG Senior Program Manager Attachments 1- Site Area Map 2- Sample Resolution & City of Fort Worth MSD Ordinance cc: Dr Richard Hirst, S &B Technical Products Copyright 2008 Kleinfelder 1 � 1 1 �` ye rron, Si aaiet Ave 0 40 lj ste 9 �. Uamas A e' i' HaUe 59 f-lam pgha. a'wd ,y DIwCk" 6 k z Lrt flwnwdl SJ f H � ( A. ,mot r fdCedae `mot ` �� E r rg E 13 �°s =j��w f!? w�3 � Y iVrf H l J c ' woe St le r Ave E,A AN �rct - M Cy t� t S1 t75 Rq mand i'r"4'e _ �d &. W r" t `1 ct9iey "1 faiey N.e tv Gn DavEa Ave 6 y ti w tteev�4naa( Ave MSD Location � ��`,a� S, f , Awe 5 i f t l Stn �arJ ,�I i.ex S.1 h > t� t � ba-ke 81 - n 5 fP - Beffy al .f'y' Sava St � Cs�d� Ln ...r° - w dJ " a ,t rr 4� age' St w .!w— Sa s P . ', ,f3rdd; scat . t " w Mecca St ` 2 fly ", v- nbe4 tax 59 t a a Ave p a ti o rd, 8 mobeav, 51 a s S Y G ' aen Eden Dr .A; �t S7IaJr St r # f3 Sf iJr SA 861 S1 ww. � ecag W t7- I t fi is t SetnlnaJre ✓ t4 �ledde't Sl Caa1ef S "Iedibmil Ad a c s t=a Ave Ur , twr( � Sr 4S �q Aolosson, Rd ,. � m � . 4.7 Miles i��hA w r G'aw'el Ave 'm rim I a -> ,Att VeR 820 ufaagaw fed z� Tn f�,�, Ave Halite walwt Ave r'eVAve ui 6Jnknan'n �� a f�tk 3e{la� i a9�,�x Chr,�g_.J [fit � Ledrled'sCC�; fed t'#'( 7v h� " All e t S 3bda } L :? { f/3 eesa thvd A laspead ta"� g3 s t x a f=age Ave Sfeinf # ]J ra n ry to q ', �5 e. k� Q C) Fort A r � .t sT^ rx r W�ln ye rron, Si aaiet Ave 0 40 lj ste 9 �. Uamas A e' i' HaUe 59 f-lam pgha. a'wd ,y DIwCk" 6 k z Lrt flwnwdl SJ f H � ( A. ,mot r fdCedae `mot ` �� E r rg E 13 �°s =j��w f!? w�3 � Y iVrf H l J c ' woe St le r Ave E,A AN �rct - M Cy t� t S1 t75 Rq mand i'r"4'e _ �d &. W r" t `1 ct9iey "1 faiey N.e tv Gn DavEa Ave 6 y ti w tteev�4naa( Ave MSD Location � ��`,a� S, f , Awe 5 i f t l Stn �arJ ,�I i.ex S.1 h > t� t � ba-ke 81 - n 5 fP - Beffy al .f'y' Sava St � Cs�d� Ln ...r° - w dJ " a ,t rr 4� age' St w .!w— Sa s P . ', ,f3rdd; scat . t " w Mecca St ` 2 fly ", v- nbe4 tax 59 t a a Ave p a ti o rd, 8 mobeav, 51 a s S Y G ' aen Eden Dr .A; �t S7IaJr St r # f3 Sf iJr SA 861 S1 ww. � ecag W t7- I t fi is t SetnlnaJre ✓ t4 �ledde't Sl Caa1ef S "Iedibmil Ad a c s t=a Ave Ur , twr( � Sr 4S �q Aolosson, Rd ,. � m � . 4.7 Miles i��hA w r G'aw'el Ave 'm rim I FIGURE 1: AREA MAP r L E/NF"EL DER Bright People. Right Solutions. S& Technical Products MSD H 1300 East Berry Street Source: NCTCOG, 2008; Texas Water Fort Worth Texas Development Board, 2008 Water Well Research — Banks Solutions Scale Project 92929 October 2008 820 ufaagaw fed z� , walwt Ave dg�_ctdf Rd r , Chr,�g_.J [fit � Ledrled'sCC�; fed t'#'( , All e t S 3bda } F1gediff Wage �10, eesa thvd A laspead w3� vd O� yjwp tijt� A,y T CoUnhv�Jrl�� Sfeinf # ]J ra n ry to q ', �5 e. C) JC .t sT^ rx r W�ln lJoel &,,,e ❑f L en€tadale Rd t l1ttrt ,l 1 w 4J`b'v0.dt4 1 §'.f'wq pIso ltwrl FIGURE 1: AREA MAP r L E/NF"EL DER Bright People. Right Solutions. S& Technical Products MSD H 1300 East Berry Street Source: NCTCOG, 2008; Texas Water Fort Worth Texas Development Board, 2008 Water Well Research — Banks Solutions Scale Project 92929 October 2008 ufaagaw fed z� , R�� {. ` � Ledrled'sCC�; fed t'#'( , e t � rK eesa thvd C• A,y �5 e. r JC Ea-al Rd lJoel &,,,e ❑f tae Ave en€tadale Rd Clos fD Lit -" Me- '(rl t'"z't1 }` fj'(If �ltarinaf5 b. flafdon'w XY cad aid 0 r 1 .y,; Fi 'w"w' 1 sart Rd FIGURE 1: AREA MAP r L E/NF"EL DER Bright People. Right Solutions. S& Technical Products MSD H 1300 East Berry Street Source: NCTCOG, 2008; Texas Water Fort Worth Texas Development Board, 2008 Water Well Research — Banks Solutions Scale Project 92929 October 2008 t o ] ' • A Fm A Resoluti ®n NO. 3668 -10 -2008 IN SUPPORT OF THE APPLICATION OF THE S &B TECHNICAL PRODUCTS, INC., TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 1300 E. BERRY STREET, FORT WORTH, TEXAS WHEREAS, the S &B Technical Products, Inc., (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for 1300 E. Bevy Street, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit "A" (Site), and map of same being attached hereto as Exhibit `B" (Site Map), to the Texas Commission on Environmental Quality; and WHEREAS, a public meeting on the application for support was held in Fort Worth on October 8, 2008, and a public hearing was held in Fort Worth on October 14, 2008, and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, an approved public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site and to locations within one -half mile of the Site; and WHEREAS, Applicant has filed documentation with the city stating that contaminants identified within the designated groundwater, associated with historical uses of the Site, that have been detected in concentrations exceeding residential assessment levels for potable use include benzene, total petroleum hydrocarbons (TPH), tetrachloroethylene (PCE), trichloroethylene (TCE), dichloroethee (DCE), cis - 1,2-dichloroethene (CDCE), trans 1,2- dichloroethee (TDCE), 1,1- dichloroethane (1,1 DCA), 1,2- dichloroethane (1,2 DCA) and vinyl chloride. WHEREAS, Applicant has further filed documentation with the city stating that this contamination is contained within the shallow, perched groundwater beneath the Site; and WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated groundwater beneath the Site for potable purposes as well as for irrigation; and WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to file an application with the Texas Commission on Environmental Quality for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and RESOLUTION NO. 3668-10-2008 WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. Adopted this 14th day of October 2008. ATTEST: APPROVED BY: CITY COUNCIL — Marty Hendrix, City Secretary OCT 2008 City Secretary of the City of Fort Worth, Texas N" 1 + - RESOLUTION NO. 3668 -10 -2008 EXHIBIT A BEING 28.63 acres of land located in the G.W. HARTZOG SURVEY, Abstract No. 697, and the W.R. LOVING SURVEY, Abstract No. 748, Fort Worth, Tarrant County, Texas, and being the combined total of the 26.56 acre tract of land conveyed to S &B Technical Products, Inc., by the deed recorded in Volume 14478, Page 395 of the Deed Records of Tarrant County, Texas; and the 3.07 acres of land remaining from the original deed to A. Brandt Company, Inc., by the deed recorded in Volume 1839, Page 75 of the Deed Records of Tarrant County, Texas. Said 28.63 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point at the Northwest corner of said S &B Technical Products Tract, and said POINT OF BEGINNING, being the intersection of the East right -of -way line of the Union Pacific Railroad right -of -way, and the South right -of -way line of East Berry Street; THENCE S 89 28' 18" E 564.00 feet, along the South right -of -way line of said East Berry Street, to a point at the original Northeast corner of said A. Brandt Company Tract, lying in the East boundary line of the aforesaid G. W. HARTZOG SURVEY; THENCE S 00 18'38" W 1642.03 feet, along the East boundary line of said G.W. HARTZOG SURVEY and said W.R. LOVING SURVEY, and the East boundary line of said A. Brandt Company Tract, and the East boundary line of said S &B Technical Products Tract, to a point at the Southeast corner of said S &B Technical Products Tract; THENCE N 89 33' 13" W 955.99 feet, along the South boundary line of said S &B Technical Products Tract, to a point at the Southwest comer of said S &B Technical Products Tract; THENCE N 14 59' 11" E 967.60 feet, along the West boundary line of said. S &B Technical Products Tract, and the East right -of -way line of Mississippi Street, to a point; THENCE N 75° 37' 42" W 45.00 feet, to a point in the East right -of -way line of aforesaid Union Pacific Railroad, also being the West boundary line of said S &B Technical Products Tract; THENCE along the West boundary line of said S &B Technical Products Tract, and the East right -of- way line of said Union Pacific Railroad as follows: 1. N 14 22' 18" E 5.36 feet, to a point; 2. N 15 38'59" E 715.22 feet, to the POINT OF BEGINNING. 1WV or r0aw WOKWIN CITY OF KENNEDALE RESOLUTION NO. 266 A RESOLUTION IN SUPPORT OF THE APPLICATION OF S &B TECHNICAL PRODUCTS TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR PROPERTY AT 1300 EAST BERRY STREET, FORT WORTH, TEXAS. WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, as a part of the application to TCEQ for a Municipal Setting Designation, the applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the Site is located, (2) the city council of each municipality with a boundary located not more than one -half mile from the Site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the Site, and (4) the governing body of each retail public utility, as defined by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the Site; and WHEREAS, S &B Technical Products (Applicant) filed an application with the City of Fort Worth, Texas, for the issuance of a Municipal Setting Designation ordinance for 1300 East Berry Street, Fort Worth, Texas, an approximately 28.63 acre tract of land, situated in the GW Hartzog Survey, Abstract No. 697 and WR Loving Survey, Abstract No. 948, Fort Worth, Tarrant County, Texas with a legal and metes and bounds description being attached hereto as Exhibit A; and WHEREAS, the City of Fort Worth approved Applicant's application and adopted a Municipal Setting Designation ordinance for the MSD Site on October 14, 2008; and WHEREAS, the City of Kennedale owns and operates one or more public supply wells located within five miles of the MSD Site; and WHEREAS, following the issuance of a supporting resolution by each municipality and retail public utility for which approval is required, Applicant will submit to TCEQ an application for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCI OF THE CITY OF KENNEDALE, TEXAS Supports Applicant's application to the TCEQ for certification of a Municipal Setting Designation for the Site. PASSED AND APPROVED by the City Council of the City of Kennedale, Texas, on this the 13"' day of November, 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney � �: �4 , ., �, y s, I BEGINNING at a point at the Northwest comer of said S&B Technical Products Tract, and said POINT OF BEGINNING, being the intersection of the East right-•f-way line of the Union Pacific Railroad right-of-way, and the South right-of-way line of East Berry Street; THENCE S 89" 28' 18" E 564.00 feet, along the South right-of-way line of said East Berry Street, to a point at the original Northeast corner of said A. Brandt Company Tract, lying in the East boundary line of the aforesaid G, K HARTZOG SURVEY; THENCE S 00 18' 38" W' 1642.03 feet, along the East boundary line of said G.W, HARTZOG SURVEY and said W.R. LOVING SURVEY, and the East boundary line of said A. Brandt Company Tract, and the East boundary line of said S&B Technical Products Tract, to a point at the Southeast comer of said S&B Technical Products Tract; THENCE N 89* 33' 13" W 955.99 feet, along the South boundary line of said S&B Technical Products Tract, to a point at the Southwest corner of said S&B Technical Products Tract; THENCE N 14 59' 11" E 967,60 feet, along the West boundary line of said S&B Technical Products Tract, and the East right-of-way line of Mississippi Street, to a point; THENCE N 75" 37'42" W 45.00 feet, to a point in the East right-of-way line of aforesaid Union Pacific Railroad, also being the West boundary line of said S&O Technical Products Tract� THENCE along the West boundary line of said S&B Technical Products Tract, and the Cast right-of-way line of said Union Pacific Railroad as follows: 1 N 14' 22' 18" E 5,36 feet, to a point; 2, N 16" 38'59" E 716,22 feet, to the POINT OF BEGINNING, containing 28,63 acres of land, a =0 FOTA , m OF % I 'M" ES' L. D ff"T M, fi d f20WJLG U( 1 - 41 11709 b Um y090 4 2 7 I WI POINT OF EAST BERRY STREET BEGINVING W�V P J� V G 12'1 8#fE 6 , 37'42' i`�" mllxi rA A K: AC �4 S&B TECHNICAL A W�V P J� V G 12'1 8#fE 6 , 37'42' i`�" mllxi rA A K: AC S&B TECHNICAL PRODUCTS, INC. !R± D. -' SURVEY UNE W� LOT t DERRY MDUSMAL PARK VOL 3M -43, PG. 12 P,R,T. LOT 2 I .. t 4, k—yo To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: VI -j Subject: Approval of Resolution No. 267, supporting Raise Your Hand Texas. Originated by: Kathy Turner, City Secretary on behalf of Mayor, Bryan Lankhorst. Summary: Mayor, Lankhorst has requested City Council approve the attached resolution in support of Raise Your Hand Texas. Raise Your Hand Texas is a bipartisan group of business and community leaders, parents and tax payers dedicated to strengthening and improving our public schools. In short, it is people just like you. People who believe we can and will make a difference by focusing on the following three points of action: • Celebrate the outstanding work done by Texas teachers, administrators and students each and every day; and • Defend our public schools against criticism that is unfair or inaccurate; and • Strengthen our public schools by seeking additional state resources and making commonsense suggestions that will help provide a safe and effective learning environment for all Texas children. RYHT is requesting Council support, not financial, but in commitment to the important task of public school improvement. Disposition by Council: RESOLUTION NO. 267 IN SUPPORT OF RAISE YOUR HAND TEXAS WHEREAS, The education of young Texans is of vital important to the economic future and the social well being of our communities and state. can be. WHEREAS, Texans agree that they want schools to be stronger and to be the best they WHEREAS, Raise Your Hand Texas is a bipartisan group of business and community leaders, parents and tax payers dedicated to strengthening and improving Texas public schools. WHEREAS, Raise Your Hand Texas focuses its efforts and resources in three areas: To celebrate the tremendous work Texas students, educators, and parents have done and continue to do every day. To respond to unfair and unfounded criticism directed at our public schools. To support our schools by seeking additional state resources and making commonsense suggestions that will help our schools provide a safe and effective learning environment for all Texas children. WHEREAS, the City of Kennedale has an interest in developing, attracting, and retaining an available educated work force to serve area businesses, as well as maintaining relationships with the educational entities in the community. RESOLVED, We, the City of Kennedale, do hereby strongly support Raise Your Hand Texas, AND BE IT FURTHER... RESOLVED, That the City of Kennedale shall add its voice to Raise Your Hand Texas by becoming a member advocate, AND BE IT FURTHER... RESOLVED, That the City of Kennedale shall encourage its employees and citizens to become member advocates of Raise Your Hand Texas. NOW, THEREFORE, BE IT RESOLVED by the City of Kennedale on this, the 13 day of November, A.D. 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Raise Your Hand: Mayors Council raiseyourhand TEXAS Board r4oralaers Mayors Council Page 1 of 4 advocacy Cotincil Leadership Prograrrit mayors Corancil Chairman Contact US Our Mayors Council has a tremendous influence on public schools in individual cities, as well as across the entire state. The mayors listed below have agreeded to join Raise Your Hand Texas and the Mayors Council, and we appreciate them taking a hands on approach to strengthening Texas public schools. Mayor City Joe Chow Addison Louis Cooper Alamo Heights Carry Anti Walker Alto Tom Durington Alvarado Debra McCartt Amarillo J. Patrick Henry, III Angleton George H. English Annona Ramon Saldivar, Jr. Asherton Billie Carter Aspermont Will Wynn Austin Cedric Davis Balch Springs Joe Selby Ballinger Denise Griffin Bandera Pat Wilson Bells Jerry Dittrich Benbrook Jack Blakely Big Lake Mary Linda Cano Big Wells Dan Heckler Boerne Roy V, Floyd Bonham Jeff Brain Borger Jim McKay Breckenridge Donald Majka Bridgeport Robert K. Franke Cedar Hill John D. Windham Center Ann Rushing Clarksville Dale T. Reinhardt Clint Bill Read Coahoma Ben White College Station Doug Stover Coppell C. L. Brown Corsicana Eric Faught Covington Wayne Mask Crockett First Name' Last Name* Email* F Zip /Postal Code* [J Yes, send me updates on how I can get involved *Denotes required entry. http : / /www.raiseyourhandtexas.org /site /PageServer ?pagename =we mayor 11/7/2008 Raise Your Hand: Mayors Council Toni Leppert Joe A. Lambert Marie Mullins Calvin Tillman Marvin O. Campbell Mike A, Perez James Seigars David L. Green Bob Mangrum Raul L, Reyes Glen C. Branch Thomas P. Hicks John Cook Russell R. Thomas Noel Escobar Mary Lib Saleh Laura Ward Bob Phelps Jody A Smith Jaynes Gosey Roger Hudgins Mike Moncrief Russel Cole Lynda Ann Thomas August E. Caron, Jr. Alberto Magellan William D, Tate Troy Jones Mark K. Irwin Bill Lanford Ken Lane W. M. Bradley Kelly Clem Sue V. Speck James Stanford Robert D, losserand John P, Erwin, Jr., M. D. Jaynes W. Danner, Sr, Bill White Reba Simpson D. G. McMannes J. Robert Dodson, III Artis Johnson Dallas Decatur Dickens Dish Domino Driscoll Dublin Duncanville Early El Cenizo Electra Elmendorf El Paso Ennis Escobares Euless Eustace Fanners Branch Flower Mound Forest Hill Forsan Fort Worth Fulton Galveston George West Granjeno Grapevine Groveton Gruver Haltom City Haskell Hawkins Hebron Hedwig Village Henrietta Hereford Hillsboro Hondo Houston Hughes Springs Humble Hunters Creek Village Hutchins http : / /www.raiseyourhandtexas.org /site /PageServer ?pagename =we mayor Page 2 of 4 11/7/2008 Raise Your Hand: Mayors Council Kenneth L. Love James Salter Deane Armstrong Don Elder, Jr. William Fortner Gene Isenhour Darryl Humphrey Bryan Lankhorst Joe B, Baxter Giles Horn Calvin Hodde Walter E. Bowen Steve Swan Judith Hetherly Connie Fuller Jimmy W. Thornton, Jr. William Power Richard Cortez Bill Whitfield Charles D. Jessup IV David Dorman Billy J. Ferris Barbara Hooten Joel Quintanilla John Monaco Cynthia McIntosh Bert Miller Mike Turman Oscar Trevino, Jr., P.E. Lew Vail Seale Brand Rodney Pavlock Glenn E. Breazeale Carolyn Salter George Cabasos Richard Blake Darin Greene Leo Palacios, Jr. John C. Anderson Francis R. Budra Craig B. Flood Santiago A. Saldana, Jr Herman Earwood Hutto Ingram Jonestown Katy Kaufman Kempner Kendleton Kennedale Kerens Kirbyville Lacy Lakeview Lake Worth Lakeway Lampasas Liberty Hill Magnolia Marshall McAllen McKinney Meadows Place Melissa Melvin Menard Mercedes Mesquite Moulton Navasota Noonday North Richland Hills Onalaska Orange Grove Orchard Ore City Palestine Pearsall Pecan Hill Petersburg Pharr Plainview Pottsboro Rancho Viejo Rio Hondo River Oaks http://www.raiseyourhandtexas.org/site/PageServer?pagename=we mayor Page 3 of 4 11/7/2008 Raise Your Hand: Mayors Council Eli Sepeda Roby Todd W. Pearson Rockport William R. Cecil Rockwall Shannon R. Corder Rosser John E. Harper, EdD Rowlett Jimmy Cooper Roxton James Marquis Rule Homer Lott, Jr. Runge Angela Raiborn Rusk Phil Hardberger San Antonio Leroy Hughes San Augustine Alonzo Lopez, Jr. San Diego Susan Clifford Narvaiz San Marcos Jim Barnett Sansom Russell Fisher Santa Anna Ralph Stenzel Santa Fe Robert J. Krahl Scotland Betty Ann Matthies Seguin Joe Soto South Houston Richard Rothfelder Southside Place Doug Hughes Springtown Filberto Rivera Taft George Bowers Tenaha Freddie Newsome, Jr. Thompsons Billy Simank Thorndale James Jackson Thornton Sherry E. Howard Tom Bean James H. Holmes, III University Park Jerrel Bolton West Wanda Herd Wheeler Toni A. Haley Wimberly Jack Leonhardt Windcrest L. C. Childers, Jr. Wolfforth Page 4 of 4 11OMC I PRIVACY POLICY I SCND CO A FRZJEND I CONTACT US 875 Congress Avenue, Suite, 990 Austin, TX 78701 http : / /www.raiseyourhandtexas.org/ site /PageServer ?pagename= we_mayor 11/7/2008 Raise Your Hand: Board Members Page 1 of 2 n = rai TEXAS Board Me.rrihers Advocar y t_,:otincil Leadership Prograin Mayors 9 onricil Cliairin an Contact tj c Raise Your Hand Texas Board Members Mr. Jim Adams, San Antonio Former Chairman, Texas Instruments Mr. Peter Beck, Dallas Managing Director, The Beck Group Mr. Albert C. Black, Jr., Dallas President & CEO, On- Target Supplies & Logistics Mr. Jack Blanton, Houston Former President, Eddy Refining Company Mr. Guy Bodine, I11, Addison CEO, Central Banking Group Wachovia Bank, N.A. Mr. Michael M. Boone, Dallas Co- Founder & Name Partner, Haynes & Boone The Honorable Roy Butler, Austin Former Mayor, City of Austin, Former Board President of the Austin ISD Board Mr. Charles Butt, San Antonio Chairman & CEO, H -E -B Mr. Alan Crain, Houston Senior Vice President and General Counsel Baker Hughes, Incorporated Mr. Charles W. Duncan, Houston Chairman, Duncan Interests Mr. Thomas M. Dunning, Dallas Chairman, Lockton Companies, LLC Mr. Richard W. Evans, Jr., San Antonio Chairman & CEO, Frost National Bank Mr. T.C. Frost, San Antonio Senior Chairman, Frost National Bank Dr. Juliet V. Garcia, Brownsville President, University of Texas at Brownsville Mr. Kenny Jastrow, Austin Former Chairman & CEO, Temple- Inland Dr. Ray Keck, Laredo President, Texas A &M International University Gary Keep, Dallas CEO, SHW Group LLP Mr. Larry Kellner, Houston Chairman & CEO, Continental Airlines Inc. First Name* Last Name* Email* Zip /Postal Code* IV] Yes, send me updates on how I can get involved *Denotes required entry. Imm http : / /vvww.raiseyourhandtexas.org/ site /PageServer ?pagename= we_board 11/7/2008 Raise Your Hand: Board Members Page 2 of 2 Mrs. Susan Kellner, Houston Board Member, Spring Branch ISD Mrs. Mollie Lasater, Ft. Worth Former Board Member, Fort Worth ISD Mr. Jack Lowe, Jr., Dallas Board Chair, TDIndustries The Honorable Lyndon Olson, Waco Former U.S. Ambassador to Sweden Ms. Beth Plummer, San Antonio Board Member, North East ISD Lt. Gov. Bill Ratliff, Mt. Pleasant Former Lieutenant Governor, Ratliff Company Mr. Harry Reasoner, Houston Partner, Vinson & Elkins Mr. Phil Ritter, Dallas Senior Vice President of Public Affairs, Texas Instruments Mr. Al Silva, San Antonio COO, Labatt Foods Mr. Matthew Simmons, Houston Chairman & CEO, Simmons & Company International Mrs. Josephine Smith, Houston Houston Regional Board, Teach for America Mr. Ron Steinhart, Dallas Former Chairman & CEO, Bank One, National Banking Group Mr. Bob Sulentic, Dallas Group President, CB Richard Ellis Mr. Bobby Tudor, Houston President & CEO, Tudor Capital, Former Managing Director, Goldman, Sachs & Co. Mrs. Phoebe Tudor, Houston Community Leader Mr. Edward Whitacre, Jr., San Antonio Chairman Emeritus, AT &T, Inc. Mr. John G. Wilkerson, Lubbock Chairman of the Board, Wilkerson Properties, Inc. Mr. Valleau Wilkie, Jr., Fort Worth Executive Vice - President, Sid W. Richardson Foundation Ms. Isabel Wilson, Houston Civic Leader HOME i PRIVACY POLICY I -,rND TO A FRIEND I CONTACT US POWERd ,D L �/CC�t1V�C7'I 816 Congress Avenue, Suite 990 Austin,'rX 78701 http : / /www.raiseyourhandtexas.org /site /PageServer ?pagename =we board 11/7/2008 Date: November 13, 2008 Subject: Review and consider approving Resolution 269, EPA Brownfields Grant Originated by: Bob Hart Summary: The EPA has a Brownfield's Assessment Grant Program to assist communities to inventory, characterize, assess, and conduct planning including cleanup planning and community involvement related to brownfields sites. This resolution will authorize the city to submit the grant application. The funding for this program is 100% federal funds, and no local funds are required. The city submitted this grant last year and was not funded. This will be the second attempt to participate in this program. A copy of last year's application is attached. The staff is currently revising the application to fit into this year's format. A revised copy will be emailed next week. Recommendations: City Staff recommends approval of the attached resolution ., Resolution No. 269 Whereas, the City of Kennedale has a desire to redevelop land with the community; and Whereas, the EPA has established a grant program to assist cities in encouraging the redevelopment of brownfield properties; and Whereas, the grant program is locally based and encourages public - private partnerships; and Whereas, the grant program contemplates a local advisory committee consistent with City Council desires; and Now, Therefore Be it Resolved, the City Manager is hereby authorized to submit an application under the EPA Community Wide Brownfields Assessment Grant — Hazardous Substances Program and Petroleum Products Program. PASSED AND APPROVED ON THIS 13 day of November, 2008. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 0 Ms. Monica Smith EPA Region 6 1445 Ross Avenue, Suite 1200 (6SF -PB) Dallas, TX 75202 -2733 Phone: (214) 665 -6780 Fax: (214) 665 -6660 Email: smith,monica c�7i,epa. ov Mr. Don Nest Environmental Management Support, Inc. 8601 Georgia Venue, Suite 500 Silver Spring, Maryland 20910 Phone: (301) 589 -5318 RE: EPA RFP No. EPA OSWEIt OBCR fl7-09 Community Wide Brownfield Assessment Grant — Hazardous Substances Kennedale, Texas Dear Ms. Smith and Mr. West We are pleased to submit the City of Kennedale's proposal for a Community Wide Hazardous Substances Brownfield Assessment Grant from the U.S. Environmental Protection Agency (EPA). The City of Kennedale has numerous environmental legacies associated with past industrial operations and commercial entities that used solvents with their businesses. Our top priority in the City is economic redevelopment within our Comprehensive Land Use Plan to support long term smart growth and successful redevelopment of core target areas such as the North Business /Oak Crest District, the Central Business Corridor, the Southwest Business Corridor, and 'Southern Business District. The City sees our partnership with the EPA as a key element to our sustainable reuse of blighted areas of our community and a necessary component to the long term economic vitality of Kennedale. To this end we will utilize the grant funds to complete a Brownfield Inventory managed through Geographic Information Systems (GIS) that will serve as the foundation of our program's data management and public outreach. Our efforts completing Phase I and Phase II environmental site assessments (conforming with 40 CFR 312 and 70 FR 66070) will be electronically tied to this public system. Further, using initial screening data, we will be more responsive to the communities' needs, private redevelopment interests, and the City's redevelopment program. The Brownfield I October 11, 2007 N 405 Municipal Drive a Kennedale, Texas 76060 ® (817) 478 -5418 ® Fax (817) 478 -7169 www.cityofkennedale.com we can then expand our public outreach and redevelopment planning efforts to prioritize and leverage our grant monies. Applicant Identification City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Funding Requested Grant Type: Amount: Contamination: Type: Assessment $200,000 Hazardous Substances Community Wide Location City of Kennedale, Tarrant County, Texas Mayor Bryan Lankhorst 405 Municipal Drive Kennedale, TX 76060 Phone: (817) 478 -5418 x115 Fax: (817) 478 -7169 Contact: Mr. Bob Hart City Manager 405 Municipal Drive Kennedale, TX 76060 Phone: 817 -478 -9869 Fax: 817 -47$ -7169 Email bhartAcityotkennedale.com Date Submitted: October 11, 2007 Project Period: November 1, 2008 to October 31, 2011 Population: 6,400 (current estimate) Other: The City of Kennedale is not a federally recognized tribe; federally designated Empowerment Zone /Enterprise Community; federally designated Renewal Community; or a community with an Official Recognition (OR) from the Department of Justice for its Weed and Seed strategy. P Cooperative Partners: University of Texas at Arlington School of Urban and Public Affairs Dr. Sherman 'Wyman Phone: 817 - 2723359 Email: Wyman @uta.edu Kennedale Economic Development Corporation Mike Soab, Director 405 Municipal Drive Kennedale, Texas 76060 Kennedale Chamber of - Commerce Pat Doescher, Chair Kennedale Chamber of Commerce PO Box 1552 Kennedale, Texas 76060 More detail on planned activities within the Kennedale Brownfield Program is included in the attached application. We appreciate this opportunity and loop forward to your help. Respectfully submitted, Bob Hart City Manager HIM IMM, 0 8 1 off 1° 0 1 1 1,011"I A. Applicant Eligibility The City of Kennedale, Texas is an incorporated municipality located within Tarrant County, Texas. B. letter from the State or Tribal Environmental Authority A letter from the Texas Commission on Environmental Quality (TCEQ) is included with tither - support letters in Appendix A. C. Site Eligibility and Property Ownership Eligibility This is a proposal for a community -wide assessment grant and is not site - specific. Sites that will receive grant- funded environmental assessments have not yet been identified. Those chosen will meet EPA eligibility requirements that are incorporated in the project's site selection process described in Section C.l., page 8. EPA will determine final eligibility for each site. RANKING CRITERIA A. Budget M BUDGET CATEGORIES Task 1 Brownfield Inventory Task 2 Outreach/ Prioritization Task 3 Assessments Task 4 Remediation/ Redevelopment Planning Total Personnel ${! $0 $0 $0 $fl Travel 1 $2,500 $1,500 $2,500 $1,500 $8,000 Equipment' $0 $5,000 $0 $0 $5,000 Supplies $1,000 $1,500 $500 $1,000 $3,000 Contractual $18,000 $10,000 $150,000 $6,000 $184,000 Total $21,500 $18,000 $153,000 $8,500 $200,000 1. Costs related to attending two national conferences and two regional conferences 2. Costs for GIS software system elements 3. Costs related to 15 to 20 Phase I ESA's and 10 Phase II ESA's Task 1 — Brownfield Inventory (Alonths 1 — 36): The City will engage an environmental consulting firm to conduct a preliminary survey and inventory of all potential brownfields sites in the target areas. The survey will include information on current address and ownership, known previous uses and activities, possible environmental issues, and the current status of each potential brownfields site. Additionally, Environmental Professionals (meeting 40 CFR 312 requirements) will be used to gather and review additional regulatory database, current photographs, fire City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 4 insurance maps, aerial photographs, historical topographic maps, and historical city directories for inclusion with the Brownfields Inventory. The information will be entered into - and maintained as part of the City's - Geographical information System (GIS) for future prioritization and planning activities. Further, as Phase I ESA and Phase II ESA reports are generated concerning specific parcels with high redevelopment potential or immediate assessment needs, these will be electronically connected to the Brownfields Inventory to allow instant access to this data. We will grow the Brownfields Inventory throughout the life of our program and plan on using this as an integral part of our future outreach and planning initiatives. Task 2 - Outreach/Prioritization (Months 5 36): The City plans on seeking input from the various Cooperative Partners, local community groups, local business leaders, neighborhood organizations and property owners to build a strong and viable Brownfields Program. The City will form a Brownfields Advisory Committee (BAC) to meet quarterly with representatives from the Economic Development Corporation, the Industrial Council, the Kennedale -Chamber of Commerce, local realtors, members of local government, and residents supportive of the Kennedale Brownfields Program. A final prioritization criteria and scoring method will be developed that allows the leveraged use of Brownfield - monies to accomplish the City's redevelopment goals. The prioritization criteria will be based on the potential environmental issues associated with the sites, economic benefits that can be expected when the sites are redeveloped, and the probability of successful redevelopment. Additional outreach milestones for the Kennedale Brownfields Program include: • Development of an internet -based version of the Brownfield Inventory to allow public access to produced reports, photographs, and related materials from the BAC as the system. is - refined. • Preparation of a community survey for targeted areas where both property owners and residents are consulted concerning redevelopment priorities. Shaw has developed similar surveys to provide definitive responses from the community concerning their highest concerns, The results of this survey can then be evaluated by the BAC with regard to long term redevelopment goals. • Commercial outreach/work shops to attract local businesses and non - profits into the brownfield areas where infrastructure reuse is critical and community need is high. Our contracted environmental consulting firm and the City will serve as a technical support to aid the non -profit and commercial development community in understanding potential costs, regulatory requirements, and general timeframes associated with similar brownfield redevelopment activities. • Public outreach to Kennedale Junior and Senior High Schools with presentations where we provide information to students in the City on what a brownfield is, what they can do to help the environment, and minimize the generation of future brownfields. City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 5 Task 3 — Assessments (Months 6- 36)a The environmental consultant will conduct Phase 1 (ASTM E1527 -05 and 40 CFR 312 requirements) and Phase II (as necessary) environmental site assessments on the high priority sites identified in Task 2 to determine the nature and extent of any environmental contamination. This assessment will include the evaluation of hazardous substances including chlorinated solvent releases, metal releases, asbestos- containing materials and lead -based paint. It is our intent to utilize risk - based comparison criteria allowed under the Texas Risk Reduction Program (TRRP) during all Phase Il assessments to better represent potential contamination issues to their proper cleanup goals. As necessary, the City will work with potential redevelopers to complete the assessment activities required under the Texas Voluntary Cleanup Program (VCP). By using the liability protections afforded in the VCP, the City can leverage our assessment dollars to move specific properties closer to regulatory closure when limited contamination is present. Additionally, the City will work with the TCEQ Brownfield Site Assessment (BSA) program which uses other monies to move eligible properties toward closure in - the VCP. Task 4 — Remediation and Redevelopment Planning (Months 12 -36) Based on the results of the Phase I and Phase iI reports, the City, BAC, and the environmental -_ consultant will coordinate the creation of a remediation and redevelopment plait for each high priority site. The plan will address specific measures required to remediate identified environmental problems, legal and financial issues surrounding environmental cleanup, appropriate land uses, economic governmental incentives, infrastructure issues, marketing, opportunities for public /private partnerships, and specific development opportunities that should be pursued in the redevelopment of each property. B. Community Need 1. Target Community DescAptiew This proposal addresses the community -wide challenges facing the City of Kennedale. We have selected four Target Areas that the City will focus on that have immediate needs and correspond with other Economic development initiatives including the creation of a Tax Increment Finance District in the North Business /Oak Crest District and a portion of the Central Business Corridor, and the development of a Town Center located in the Central Business Corridor. In the mid- 1800s, Kennedale was an early transportation hub with many wagon trails crossing through the current incorporated limits. Indications are that this was a popular hunting and fishing area for small groups until permanent settlements were established along bluffs overlooking tributaries of the Trinity River. In 1882 John D. Hudson, along with C.B. Teague and O.S. Kennedy, purchased land and established the Town of Kennedale at the site of a mineral well. The well formed the focal point for development of a central business district with a train depot, hotel, general merchandise store, drug store, bank, post office, lumber company, and blacksmith. In 1886 the Fort Worth and New Orleans Railway Company was built through Kennedale to Waxahachie. City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 6 Fire raged through the business district in 1908 destroying all but the general store, which remained standing until 1997. The business district was never rebuilt and business activity gradually migrated to Mansfield highway. After an election with 42 voters in July 1947, the Town of Kennedale was formally incorporated with a population of 300. By 1950 the population had increased to 500, and a petition to the State was approved changing the status of Kennedale from "Town' to "City" In the 1960's Kennedale was a small community away for the larger cities of Fort Worth and Arlington. Three car race tracks, two dirt tracks and one 1/8 mile drag strip developed which began a draw for businesses that could not locate elsewhere in the southeastern portion of Tarrant County, namely salvage yards, sexually oriented business and auto repair shops. As growth occurred in the general region, the land along major transportation corridors were annexed by Fort Worth, Arlington, and Mansfield, leaving no sales tax generating properties in Kennedale. Today Kennedale has no substantial retail businesses or services available within the city limits, The grocery store closed in 2000 and there are no medical services available. City. Demographics Total Population: 5850 (2000 Census) 6400 (current estimate) 32 population under 20 years old - 8% population is over 65 years old 21 % population is racial or ethnic minority 8% households are below poverty level 4% population is unemployed 19% population over 20 years old do not have high school diploma/GED This leaves the City of Kennedale in the position today that redevelopment is essential for the economic health of the community. The city has identified four target areas that can provide some opportunity to develop a tax base to support the services needed by citizens. A, brief description of these areas is provided below with a map attached to this proposal. Target Area 1 — North Business /Oak Crest District. This area serves as the north entrance to the City. It is marked by dilapidated structures, abandoned properties, and sexually oriented businesses. Today, this area accounts for 1 % of the population and approximately 9% of the calls for police service. This area is targeted by the city for inclusion in a Tax Increment Finance District as a way to initiate clean-up of the area. More importantly, perhaps the area includes Village Creek. Village Creek is a waterway feeding into Lake Arlington, a water supply source for the region. Kennedale has structures; that lie within the floodway or floodplain of Village Creek. The city desires to clear this property to use as a linear park to tie into the proposed Arlington Refuge to the east. Target Area 2 — Central Business Corridor. This area is along Kennedale Parkway/US Business 287. The area is a mix of salvage yards, industrial properties, auto parts and repairs, and abandoned properties. This oorridor includes the area targeted by the City for City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 7 the Town Center, an economic development effort to create retail and office space to provide basic services to residents. Target Area 3 — Southwest Business Corridor. This area is at the south entrance of town and along Kennedale parkway/US Business 287. The area has a steel scrap yard, auto salvage yards, industry, and abaodoned/vacant property. Target Area 4 — Southern Business District. This area encompasses the southwest part of - Kennedale and includes numerous vacant properties that have past uses that likely included underground storage tanks, chemicals, and various metal works. 2. Benefits to Target Community, The City sees the EPA has a long term partner with our Brownfields Program and overall economic redevelopment plan. Without the EPA assistance many of the "environmental due diligence" steps needed cannot be completed and the idle property remains an eyesore and drain on our community. The EPA funding will be used as a leverage tool and catalyst to address our community issues and invigorate redevelopment within the target areas. Our residents live inside these target areas and will benefit directly by both risk mitigation once issues are quantified and by an overall aesthetic improvement that comes with redevelopment. 3. Impacts of Brownfields on Target Community: The impact of these brownfields on the target community is very significant. Some of the specific impacts are detailed below. Extent of Brownjfilelds — Although no extensive survey has been completed yet, this will be part of the Inventory process to not only identify specific properties, but also prioritize those presenting the highest concern. In general, nearly 50% of the properties in the Target Zones have potential brownfield concerns. Many of them are currently in the floodplain and likely impacting the neighboring residential areas. Economic Impact — In the absence of focused and managed development in the target areas, we have seen a loss of employment opportunities, increase in crime, the addition of adult oriented business at the entrance into our community and little redevelopment interest. The direct economic impact will be new jobs, increased property values and reuse of the City's infrastructure. Health and Environmental Impacts — Since the target areas include both residential housing and floodplain areas the potential health and environmental impact is very high. Without the benefit of grant funds to evaluate the potential concerns we are unable to separate the perceived environmental threats from the many real impacts anticipated. Several complaints from neighboring properties and incidents of surface water impact have not been analytically evaluated, but are given a high priority by our City. City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 8 Co Site Selection Process City staff and community members will work together to identify those sites whose redevelopment will provide the greatest potential community impact. Through the Town Hall meetings, the Chamber of Commerce meetings, and round table discussions the City will be able to educate the citizens on brownfields and simultaneously receive tips on possible sites to consider for assessment. 1. Process and Criteria — A ranking system that takes into consideration site size, location, suitability of the property for redevelopment, potential health and environmental impacts, community need, redevelopment potential, job creation, developer commitment and the likelihood that the property can realistically be redeveloped will be developed to prioritize sites selected for assessment activities. Through the use of the GIS City staff will have the capability to consider other factors including environmental threats to adjacent neighborhoods. Specific components to the prioritization will include 1) Sites that qualify for funding, 2) Degree and type of contamination anticipated (immediately endangerment), 3) Ease of obtaining site access, 4) Interested redevelopment partner, 5) Sites that preserve, - secure and enhance business aligned with redevelopment plan, and 6) Public support. 2. Previous Inventory/Prioritization Activities — Our initial selection of the four target areas is based on a limited inventory of portions of our city that have some level of environmental impairment. Our first task with the proposed grant is to complete an inventory that incorporates relevant environmental data as discerned by an "Environmental Professional" that can help us pair down potential sites. This will include a review of regulated facilities such as TCEQ Petroleum Storage Tank (PST), Leaking PST (LPST), Industrial Hazardous Waste (IHW), RCRA Generator listings, and other databases that will help identify potential concerns. Additionally we will look at past site usage, current surrounding properties and our planned reuse. The final inventory will be a key tool in our responsible prioritization of properties in the target areas. 3. Access Issues for Private Properties — Special consideration will be given to City owned properties as well as tax delinquent properties. However, the majority of the sites selected for testing will most likely be privately owned. It is not known at this time whether or not the present owners are responsible for any contamination. The City will obtain written access before allowing any expenditures on private property. Our goal is to bridge the redevelopment community and motivate potential redevelopers by answering the environmental questions that are currently unasked and potentially unaddressed. Specific sites will be selected for Phase I and Phase II environmental testing based on criteria established by the brownfields advisory committee. Educating the private citizens on the potentially negative health, safety, social and economic issues associated with brownfields should help to alleviate access concerns. Through early education and outreach opportunities the City does not anticipate many access issues. City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 9 1). Sustainable Reuse of Brownfields Reinvigorating the Oakcrest neighborhood, redeveloping Kennedale Parkway, and development/redevelopment of the TownCenter are the primary priorities. The City's efforts to encourage brownfields redevelopment and to prevent the creation of future brownfields through sustainable development are integral parts of the Kennedale's future development plan. Additionally, the City recently completed the 2006 Comprehensive Land Use Plan which specifically aligns City redevelopment with; Kennedale Parkway Commercial Corridor will be the focus for new business development and commercial redevelopment in the City of Kennedale. This leverages paving improvements by the Texas Department of Transportation (TXDOT) with efforts in Target Areas 1, 2, and 3a This transformation can be the impetus for Kennedale Parkway businesses to expand and make aesthetic improvements to the corridor. ® I20 / Kennedale Parkway Commercial Node development to optimize the commercial potential of this high visibility location. This area of Kennedale has been determined to be the most desirable location for retail stores, restaurants and other related businesses. This area is located in Target Area 1 ® Village Creek Enhancement (Target Area 1) could go beyond the open space and park uses planned previously. Since the portion of Village Creek in Kennedale could be navigable by small boats and is accessible to Lake Arlington, there is potential for special creek related development. Depending upon the success of the 1 -20 / Kennedale Parkway Commercial Node (as mentioned above), Village Creek could be a series of restaurants and retail shops along a "riverwalk ". This Village Creek "riverwalk" enhancement and commercial development could be a unique "restaurant row" that could attract regional interest and become a signature entry area into the City of Kennedale. ® Greenbelt Open Spaces should be preserved and improved along both Kennedale Creek and Winding Creek to connect to the major greenbelt along Village Creek. The Park Plan includes natural open space / linear parks along both of these creeks. These greenbelts should be preserved through the platting process as subdivision development occurs to provide open space corridors for future bicycle /pedestrian paths. Although the 2005 Park Plan does not extend beyond the current city limits, this Comprehensive Plan also identifies additional park and open space needs in the Kennedale ETJ to the southwest. This includes major open space preservation along the Village Creek floodplain and additional future greenbelts west of Dick Price Road. The Motor Sports Commercial Area along Kennedale New Hope Road attracts many non- Kennedale residents to the City. This area should accommodate related commercial development. The -motor sports uses are compatible with the planned industrial park uses in the sector of the city. ® Very Love Density Residential Development in SW Kennedale has been planned for the area that is currently in the extra territorial jurisdiction (ETi) of the City -of Kennedale. Due to the extent of the Village Creek floodplain and floodway, the lack of utilities, lack of city services, and the extent of landfills and excavation operations, it was determined that acreage rural residential development is appropriate in this area. This will provide housing alternatives to the suburban residential subdivisions developing in northeast Kennedale. City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 10 ® Oak Crest Area Commercial Uses The previous Comprehensive Plan proposed the removal of the wrecking yards along Village Creek and the development of the area as residential with commercial uses along 1-20 -and Kennedale Parkway, This long range future land use plan recognizes the business investment in the area and allows the continuation of the auto salvage uses south of Oak Crest Drive as interim uses until the anticipated commercial development at Kennedale Parkway and 1.20 expands to the west. As property values increase due to the visibility and strategic location of the area for commercial uses, it is hoped that market economics will dictate that retail uses will be the optimal use for both the property owners and the City. As redevelopment of this area occurs, the Village Creek floodplain enhancement development and riverwalk can also be extended to the west. Although there are a few existing residences in the Oak Crest area, these do not seem to be compatible with the other existing and proposed uses. ® Auto Salvage Yard Regulations should be strengthened and enforced. Although "wrecking yards" historically are - considered "Locally Unwanted Land Uses {LULU)" in many communities, the auto salvage businesses in Kennedale are located primarily along the railroad and floodplain areas (Village Creek, Oak Crest area as described above). The auto salvage yards should meet or exceed mWmum development standards with screening of the auto storage areas and paved access to all areas of storage. o Kennedale Town Center A redevelopment study was prepared in 2003 by the University of Texas at Arlington (UTA) for the City of Kennedale. The short term, - medium term, and long term for the various Town Center components should be pursued by the Kennedale city staff and officials. 1. Prevent Pollution & Reduce Resource Consumption — Kennedale is a landlocked city. As such sustainable development and energy reduction, policies, and strategies are foundational to the City's efforts to prevent the occurrence of brownfields. To further this initiative, City Council has set priorities that include the adoption of green building standards, air pollution control efforts and Energy Star rated products. 2, Promoting Economic Benefits — Brownfield redevelopment will help the City materialize its economic vision into reality as revitalization of the area will serve as a catalyst for both public and private investment. it will also support renewed economic activity, effectively building on the strengths of the city and region. 3. Promoting a Vibrant Community The City of Kennedale is working with private developers and the Chamber of Commerce to transform some of the older sections of the city into vibrant areas that better reflect the community's needs. These areas will have a concentration of housing, commercial/retail uses, and public spaces. The City, with guidance from neighborhood stakeholders and community leaders, will identify and prioritize certain high priority areas. One such area is downtown (TownCenter) and its adjacent neighborhoods. To increase pedestrian presence in the downtown area, the City has invested in a plaza which will be a focal point for future retail. City of Kennedale, Texas Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 11 E. Creation and /or Preservation of Greenspace /Open Space- There are several e brownfields sites within the City that have potential for redevelopment as green space or open - space. Some areas in particular - are the -several - salvage yards within the Village Creek watershed. This area has been considered a prime location for a linear park. The park would include a large natural area with hike and bike trails that could connect different residential areas of the city. F. Pre -Award Community Notification 1. Notification and How Comments Will Be Received The brownfield program is an integral component of the city's effort to revitalize the community's economic base. Therefore, the City will place the proposal information on the City's website to allow residents and business owners the opportunity to learn, of the City's brownfields program. Through the use of the City's website we will also allow users to submit comments via email. 2. Why Use This Notification Process? — The use of the City's website is the standard method used by the City to notify the public of upcoming meetings and events. We have seen a high bevel of community interaction through this resource. 3. Comment Period and Outreach — Kennedale is a small community, consequently the - city proposes an open comment period. 4. Addressing Comments Received — As comments are received, City staff will review comments and incorporate them as appropriate. G. Ongoing Community Involvement 1. Involving the Affected Community — Involving the local community in cleanup decisions and reuse plans will be a priority of the City. The City will begin a public - awareness campaign to educate the public on the issues of brownfields, their potential for redevelopment, and the impact of redevelopment on the community, once the grant is awarded. The campaign will include the City Newsletter, the Kennedale News (a weekly paper) and the city's website. The articles and information will announce the grant award, explain brownfields, and outline the community involvement process input. 2. Partnerships — A brownfields advisory committee will be formed comprised of members of community organizations, local business leaders, and property owners. Special care will be taken to ensure that residents of the Oakcrest neighborhoods have a voice on the committee as community involvement will continue to be a priority of the brownfields program. In addition to the immediate community, the University of Texas at Arlington has also pledged additional assistance to the redevelopment planning and reuse and community outreach portions of our project. Like many smaller cities, we realize staff and funding limitations and have a strong partnership with the UTA School of Urban Public Affairs. Dr. Sherman Wyman is currently developing a Brownfield Resource and Advisory City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 12 Center to serve the North Texas region and has offered to share the Universities time and expertise to help leverage every dollar spent on brownfield issues in Kennedale. 3. Communicating Progress -- Progress will be communicated through the website, Kennedale News, and the Chamber of Commerce. 4. Community-Based Organizations — We are currently soliciting input from various community organizations and hope to have delegated representatives assist the Brownfield Advisory Committee. H. Reduction of Threats to Human Health and the Environment 1. Reducing Threats to Health & the Environment —The majority of the assessment grant will be used to perform Phase I and Phase II environmental site assessments on identified brownfields sites with strong redevelopment potential. These assessments will identify environmental concerns that may require further investigation to determine their potential impact to the environment including human health. When contaminants are discovered City staff will partner with the TCEQ to create an outreach program that informs residents and property owners of any potential human health problems associated with the contaminants. By effectively identifying and delineating the impacts of any identified contaminants, an effective cleanup operation can be planned and performed under the Texas Commission on Environmental Quality's (TCEQ) Voluntary Cleanup Program (VCP) or leverage monies from the TCEQ's Brownfield Site Assessment (BSA) Program. 2. 'Working with Local and State Authorities Regarding Human Health, the Environment and Public Health Issues — The City of Kennedale will work with the regional TCEQ and EPA offices as well as the State Department of Health Services, and other involved parties to ensure that assessments meet applicable federal and state environmental laws and to ensure that sites pose no immediate threat to human health or the environment. The City and its environmental consultants may seek technical advice on scientific and engineering issues from those organizations if issues are encountered during assessment activities that may warrant concern. The City will take the appropriate actions to ensure that the health and safety of nearby residents and businesses are addressed if contaminant levels measured pose an immediate threat. They will also take action if these contaminants are believed to threaten surface water, groundwater sources or other ecological receptors. Similar advice will be sought to ensure the protection of human health and the environment if unforeseen conditions are presented anytime throughout the longterm monitoring and maintenance of proposed engineering controls. I. Leveraging Additional Resources 1. Other Funds to Meet Assessment Needs ® The city is considering the creation of a Tax Increment Reinvestment Zone (TIRZ) to finance infrastructure development. 2. Leveraging Funds — Other funding resources that the City is pursuing to assist in the redevelopment of Kennedale along Village Creek is through US Army Corps of Engineers and FEMA in addition to TCEQ and potential HUD .funding. City of Kennedale, Texas Community-Wide Hazardous Substances Assessment Grant Proposal Page No. 13 J. Programmatic Capability 1. Ability to Manage Grants — The City currently manages $8.2 million worth of projects in its annual - Capital improvements Budget, including transportation, infrastructure, parks, public facilities, and economic development efforts. The City administers a variety of federal and state grant programs, notably the City manages $10 million annually in Community Development Block Grants. A. dedicated coordinator will be responsible to assist the Community Development, Finance Department, and the City Manager's Office in our Brownfield efforts and grant management. 2. History of Managing Federal Funds — The City of Kennedale has had a successful history of managing a variety of federal and state grants. Past grant experience includes COPS in Schools, STEP /WAVE Traffic Enforcement, Teas Parks and Wildlife, Texas Forest Service, multiple Homeland Security programs, Texas Loan Star and the Tocker Foundation. 3. Compliance with EPA Brownfields Cooperative Agreement Requirements — Not Applicable 4. Tracking & Measuring Progress — To monitor the progress of the Brownfields - Redevelopment Program, staff will map the site inventory portion of the project. Close attention will be paid to - amount of funds used on sites that were formally brownfieids. The City's accounting and auditing procedures are set up to ensure proper use and reporting of funds. The City currently has stringent policies and procedures related to the use and reporting of grant funds. As such, assessment grant fund received grant fund received will be closely monitored to ensure they are appropriately used. Potential measures of success the City will use include the Key Measures of Success used by the EPA and a few specific items related to the project tasks, as noted below. Task 1— Brownfield Inventory Number of potential brownfield sites Total acreage of potential brownfield sites Number of public vs. private brownfield sites Number of uplinked layers to the Inventory (historical research, reports, photographs) Task 2 4 Outreach/Prioritization Number of Community Groups on the Advisory Committee Number of residents involved in the workshops and meetings Number of Advisory Committee meetings Number of community members contacted during proposed surveys Number of properties (acreage) targeted for assessment Numbers of applications and access agreements to participate Number of site visits to our on -line resources (interactive Inventory) Task 3 — Assessments City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 14 Number of Phase I and Phase II ESAs planned Number of Phase I and Phase II ESA.s completed Number of residents and redevelopers involved in the assessment process Value of proposed redevelopment leveraged Task 4 ® Remed`aation and Redevelopment Planning Number of properties (acreage) involved in redevelopment Number of residents involved in redevelopment planning Estimated remedial costs leverage by assessment expenditures Remedial cost reductions based on risk -based technical evaluations Number of properties entering a regulatory closure process Number of properties completing a regulatory closure process Dollar value of new construction leveraged by assessment activities Number -of fobs created Value of leveraged funds by private and public sector partnerships M City of Kennedale, Texas Community -Wide Hazardous Substances Assessment Grant Proposal Page No. 15 n r d rm' t nx' d plo N / ad o. tea'. asa Nv eC+�� ` av A 6, +,s d El 1 i � -` � '' � t .' ,e 1d . � ' . � =a ^ � � � >. 1 � '�• i,CBtS le Seb \ ` y' J T y s A r f - 1 1 1 F - , - • � � , � 4 t ; , "s `0...,0- �- ��a �,. 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Soward, Commissioner Glenn Shankle, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecfing Tew by Reducing and Preventing Pollution re �61 �# I � City of Kennedale 405 Municipal Drive I TX 76060 Re: City of Kennedale Application for a U.S. Environmental Protection Agency Brownfields Community-wide Hazardous Substances Assessment Grant )"M I'm The Tcxm Commission on Environmental Quality (TCEQ) is plowed to offer this letter of support for the. City of Kennedale's application to the U.S. Envirownental Protection Agency for a Brownfields Community-wide Hazardous Substance Assessment Grant. The TCEQ believes that the grant will significantly benefit the City of K by enhancing the local economy, increasing the tax base and improv the environment. The TCEQ looks forward to working with the City of K on its Brownfields initiative and supports the grant application. You may contact me at (512) 239-5872 or mftw@Mq,&kj&u_s with any questions or need any additional information. Sincerely, 2�Frew, Coordinator Environmental Cleanup Section II Remodiation Division W/Wf 0- P.O. Box 13087 - Austin, Texas 78711-3087 - 512-239-1000 Internet address: www.tceq.state.tx.us wkftd- -Y"M—ks-�'baftd Date: November 13, 2008 Agenda Item o: vI -1 Subject: Review and consider approval of Ordinance No 416, approving an electric power contract, and energy sales contract with Cities Aggregation Power Project, Inc (CAPP) Originated by: Bob Hart Summary: The city is a member of the Cities Aggregate Power Pool (CAPP), the organization that purchases electric power on behalf of many cities throughout Texas. CAPP has negotiated a five year power supply contract. The proposed resolution will authorize the city to participate in the five year power agreement for the period of January 1, 2009- December 31, 2013. There are no commitment funds or other obligations other than to pay the electric bill as it comes due each month. Recommendations: City Staff recommends approval of the attached ordinance. Disposition by Council: Lloyd 816 Congress Avenue, Suite 1900 ® Austin, Texas 78701 j rN e-1 Telephone: (512) 322 -5800 Facsimile: (512) 472 -0532 se ® ® ®®e ATTORNEYS A T LAW www.Iglawfirm.com Ms. Doyle's Direct Line: (512) 322 -5820 Email: kdoyle@lglawfirm.com TO: CAPP Members FROM: Geoffrey Gay Kristen Doyle DATE: October 15, 2008 RE: Important Update on CAPP Electric Contracting — Near Term and Long Term Options All Members Should Pass the Five Year Resolution to Obtain Favorable Pricing CAPP's electric contract expires December 31, 2008. The current financial and credit market collapse has caused a rapid decline in natural gas prices, which is good news for the short term price of power. To take advantage of very favorable pricing in the market right now, the CAPP Board has approved a contract with CAPP's current providers, FPL Energy and Direct Energy, to serve CAPP accounts over the next five years (beginning January 1, 2009). FPL Energy will supply power (wrap contract power for long term PPA participants, full requirements for members not participating in the long term PPA) and Direct Energy will provide customer services and billing. The resolutions sent last week approve contracting for the traditional, full requirements contract - the same contract structure that CAPP members have taken power under for the past several years. All members should take action on one of the two resolutions as soon as possible. even if you have passed or are planning to pass the ordinance approving the long term PPA. The resolution allows CAPP to secure power on your behalf for delivery beginning January 1, 2009. CAPP is in the position to lock -in very favorable rates for a five year period. Passing the Five Year Resolution Does Not Preclude Participation in the PPA If you are planning to participate in the long term PPA option, action on this resolution provides an extra level of security. While we await the full ramifications of the unfolding financial and credit crisis, passing the 5 year full requirements resolution ensures that even if the worst case scenario occurs and the PPA option is no longer viable, all CAPP members will receive full service power requirements for the next five years at extremely favorable prices. FPL Energy will be the wrap contract provider and will supplement the base load power supplied by the PPA. For members who participate in the 24 year deal, FPL Energy will take possession of the energy from Luminant and substitute the Ruminant energy for some of FPL's Lloyd Gosselink Rochelle & Townsend, P.C. Page 2 November 7, 2008 energy and Direct Energy will bill a blended rate. As a special accommodation, FPL Energy will initially secure 100 percent of the power needs for all CAPP members, including those participating in the PPA. The agreement with FPL Energy contains a special one time option that allows CAPP to back out of the deal a specific amount of base load power and substitute an alternative source (the Luminant PPA) anytime before June of 2009. FPL Energy will then resell the gas contracts associated with the power being replaced with the Luminant commitment. If gas prices rise prior to the sale, CAPP and its members will profit from the sale. If gas prices continue to fall, then the PPA will likely be abandoned. This plan maximizes protection for all CAPP members. It takes advantage of the current economic decline in energy markets, while simultaneously preserving the option for City Councils to determine whether they want to lock down pricing on a significant portion of load for an additional nineteen years. Indicative Pricing for Five Year Full Requirements Contract Indicative prices from FPL Energy are showing energy rates for the next five years at or below the 8 cent range (and they may drop lower before we sign a contract) through 2013. That compares to average commodity prices for 2008 at around 10.25 cents per kWh. This means that CAPP members will obtain significant budget savings regardless of whether or not the city commits to the long term PPA. Please keep in mind that indicative prices change every day with fluctuations in the natural gas market. Indicative prices (as of October 8 would suggest an energy price around $0.0765/kWh for 2009 (a savings of approximately $24.4 million in comparison to 2008 average CAPP prices), with prices during the five year term reaching a high of $0.0827 /kWh. Actual prices will depend upon natural gas prices the day that CAPP executes the contract. The CAPP Board cannot execute a contract without commitments from members to purchase power through CAPP. Deadline Extension for Consideration of Long Term PPA Several factors are driving us to conclude that it is unrealistic to close on the long term PPA with Luminant before the end of the year. First, the credit markets are in turmoil and will need to settle down before we can issue debt to support the long term transaction. First Southwest advises that will not happen before mid - January. Second, the Attorney General does not seem inclined to move expeditiously toward approving the PPA, and we may need to file a bond validation suit. That may take additional time. As these circumstances continue to play out, CAPP members are protected through the agreement with FPL Energy. Lloyd Gosselink Rochelle & Townsend, P.C. IJRTJl; 1 � J A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2009; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING JANUARY 1, 2009 THROUGH DECEMBER 31, 2013. WHEREAS, the City of Kennedale, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 111 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power expires December 31, 2008; and WHEREAS, CAPP members must secure power supplies for 2009 or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, the CAPP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHERE power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member; and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2009 deliveries will be short -lived and that CAPP must be able to commit contractually to prices within a 24 -hour period in order to lock -in favorable prices; and WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the City contracting individually during the same time period; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the City needs to assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2009, and extending through December 31, 2013; and WHEREAS, CAPP intends to continue to contract with both FPL Energy (power supply) and Direct Energy (billing, administrative and other customer services); and WHEREAS, the current contractual relationships between CAPP and FPL Energy and Direct Energy have been beneficial and cost effective for CAPP members and the City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1: That the CAPP Board and its consultants and advisors are agents authorized to negotiate for the City's electric power needs as a member of CAPP and to contract for the electric power supply and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 2: That the City approves CAPP contracting with FPL Energy and Direct Energy for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 3: That the Chairman of CAPP is hereby authorized to sign a Commercial Electric Service Agreement ( "CESA ") for the City pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. That the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by CAPP and the CESA signed by the Chairman of CAPP on behalf of the City for the term beginning January 1, 2009 and extending up to December 31, 2013. Section 5: That a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. PRESENTED AND PASSED on this 13 day of November, 2008, by a vote of ayes and _ nays at a regular meeting of the City Council of the City of Kennedale, Texas. Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary Staff Report To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: VI -m Subject: Approval to purchase three city vehicles. Originated by: Kathy Turner, City Secretary Summary: The City is currently accepting bids for two (2) 2500 Work Trucks /Single Cab — 2WD, one (1) 2500 Work Truck — 2WD (Cab and Chassis Only), and one (1) 1500 Work Truck/Extended Cab — 2WD vehicles. Work Trucks are replacement vehicles for Public Works Department and Cab and Chassis is the replacement vehicle for Animal Control. Proposals are due Monday, November 10, 2008 at 10:00 A.M., at which time will be opened and read aloud. Vehicles are budgeted in the Capital Replacement Fund — Motor Vehicles. Once proposals are reviewed, a recommendation will be forwarded for Council approval. Recommended Motion: Staff Report To the Mayor and Council Members Subject: Consider authorizing the city manager to purchase three, new, work trucks. Summary: Bids have been obtained for three new, work trucks for the City of Kennedale. Two trucks for Public Works and one truck for Animal Control. The Caldwell Country Chevrolet bid includes delivery of the trucks to the City of Kennedale and is the lowest bid received (see chart below). Recommendation: Staff recommends approval of the purchase of three work trucks from Caldwell Country Chevrolet, Company Truck Type Quantity Price Total Name Cost Caldwell 2009 Chevrolet HD2500 Regular Cab 2 $19,265 Country $57,440 Chevrolet 2009 Chevrolet 2500 Cab & Chassis 1 $18,910 2009 Chevrolet % ton Regular Cab 2 $20,400 Jerry's GM Ltd. $61,943 2009 Chevrolet g/ ton Cab & Chassis 1 $21,143 Reliable 2009 Chevrolet 2500 Regular Cab 2 $19,979 $59,036 Chevrolet 2009 Chevrolet 2500 Cab & Chassis 1 $19,078 N • • . ; • ME • CITY OF KENNEDA E, TEXAS OFFICE OF THE CIT SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -n MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIEDA�C CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: T CITY SECRETARY'S FOLLOW UP: To the Mayor and Council Members Date: October 3, 2008 Agenda Item No: Y - 8 - h Subject: Discuss an amendment to the Conditional Use Permit to delete Section 17- 422.1 (3) Landscaping. Originated by: Crystal Tort, Planning Assistant Summary: At the August 14, 2008 Council Meeting, the City Attorney notified staff that adjustments were needed to the Zoning Ordinance to remove any conflicting standards with the Landscape Ordinance. Section 17 -422.1 (3) Landscaping Requirements for Large Retail Facilities under Conditional Use Permit will be deleted, so as to avoid conflict with the Landscape Ordinance. Although these sections will be deleted, the Landscape Ordinance will still require landscaping for large retail facilities. Sec. 17 -603: Applicability The requirements contained in this Section shall be applicable to all zoning districts in the City except for the AG, R -1, R -2 & R -3 Districts; however all non - residential uses(such as, but not limited to, governmental, nonprofit, religious , institutional and educational facilities) located within the AG, R -1, R -2, & R -3 zoning districts, which involves any principle structures, parking areas, or signage, shall comply with the requirements contained in this section; and shall apply in the following situations: (1) When an existing building is proposed for remodeling, alteration, addffim, or expansion, in which the value of the proposed construction exceeds seventy - five percent of the current appraised value of the existing structures, excluding the value of the land; or, (2) When an existing building is proposed for an addition that will have the cumulative effect of increasing the footprint of the original building existing on the date of the adoption of these ordinance amendments by more than fifty percent (50 %); or, (3) Upon all new construction; or, Page 1 d2 F (4) As a requirement of the approval of a Rezoning, Special Use Permit or Planned Unit Development; or, (5) When two (2) or more years has passed since the last occupancy of the property; or, (6) There is a change in use of the property. A change in use shall be defined as occurring when one of the following conditions is satisfied: a. The new use of the property is first allowed in a less restrictive (more intensive) zoning district than the most recent use; or b. A rezoning to a less restrictive (more intensive) zoning district classification is necessary. Attached please find amendments to the Conditional Use Permit in ordinance form. On September 18, 2008 the Planning and Zoning Commission voted unanimously to approve the Amendment to the Zoning ordinance and to delete Section 17 -422.1 (3) Landscaping. Recommendation: Staff Recommends Approval Disposition by Commission: Page 2 012 Notice Details - NOTICE OF PUBLIC HEARING THE KENNEDALE NOTICE OF PUBLIC HEARING THE KENNEDALE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING ON THE 13TH DAY OF NOVEMBER 2008 AT 7:00 P.M. IN THE KENNEDALE MUNICIPAL BUILDING, COUNCIL CHAMBERS, LOCATED AT 405 MUNICIPAL DR., KENNEDALE, TX 76060 TO RECEIVE CITIZENS INPUT ON A PROPOSED ORDINANCE TO AMEND THE KENNEDALE CITY CODE (1991), AS AMENDED, BY ADDING A NEW ARTICLE VIII "LANDSCAPE STANDARDS" TO CHAPTER 17. ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND THE MEETING OR MAY FURNISH WRITTEN COMMENTS PRIOR TO THE MEETING TO THE CITY SECRETARY "S OFFICE, CITY OF KENNEDALE, 405 MUNICIPAL DR., KENNEDALE, TX 76060 30105316 Page 1 of I P 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 has adopted landscape standards applicable to land uses within the City of Kennedale; and WHEREAS, the City Council now desires to delete conflicting or redundant landscaping standards set forth in the Zoning Ordinance; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission on the 18 day of September, 2008, and by the City Council on the 9 th day of October, 2008, with respect to the amendments described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Subsection (f)(2) of Section of Section 17 -420 "Overlay Districts" of the Kennedale City Code is hereby amended to read as follows: (f) Parking regulations. (2) No parking facility, paved surface, or sealed surface shall occupy any portion of a required landscape setback except as indicated in subsection I (Loading dock regulations for new construction). e W: \Kennedale \ORDINANC \Landscape 10- 2008.doc (10/03/08) Page 1 of 3 Subsection Q) of Section 17 -420 "Overlay Districts" of the Kennedale City Code is hereby dele Subsection (d)(3) of Section 17 -422.1 "Conditional Use Permits" of the Kennedale City Code, is hereby deleted. R-11 _ - USA - 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. IS SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 6 W: \Kennedale \ORDINANC \Landscape 10- 2008.doc (10/03/08) Page 2 of 3 All rights or remedies of the City of Kennedale, Texas are expressly saved as to any ordinances affecting landscaping 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. SECTION 8. 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. SECTION 9. F 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 rth DAY OF O R, 2008. MAYOR EFFECTIVE: r_tii9A�a CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 0 WAKennedale \ORDINANC \Landscape 10- 2008.doc (10/03/08) Page 3 of 3 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -o MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CITY SECRETARY'S FOLLOW UP: CARRIED FAILED Date: November 13, 2008 +- 1 .. - 11 0 • Subject: Review and consider authorizing the City Manager to execute a contract for Stormwater Drainage Utility Originated by: Bob Hart Summary: The EPA and the TCEQ require the city to submit a five year Stormwater Management Program. The city has completed the plan and submitted it last year. One element within the plan requires cities to provide funding for stormwater and drainage improvements. The Texas legislature has authorized cities to create stormwater utilities in order to finance drainage improvements from both existing problems and for new drainage systems. The proposed contract will authorize the city manager to execute the contract with Palmer Inc. for preparation of the stormwater utility. An additional benefit of this particular firm is that as the parcels of land are identified they will be matched against existing water, wastewater, and solid waste collection accounts, and Tarrant county Appraisal District information. Cities typically found through this type of audit that some properties or accounts have been inadvertently omitted. This is one of the elements that the staff desired to pursue as part of the overall review begun last year to ensure a high level of operating efficiency within the organization. Funding for a stormwater drainage utility study is included in the budget. It is anticipated based upon this schedule that any fees that may be imposed will be imposed with the adoption of next year's budget. recommends Recommendations: City Staff - City Manager to execute contract Disposition by Council: Palmer Price Inc. Management Consulting November 07, 2008 Mr. Bob Hart City Manager Kennedale City Hall 405 Municipal Drive Kennedale, TX 76060 Information Management RE: Professional Service Agreement for Assistance with a Stormwater Utility Implementation Dear Mr. Hart Civil Engineering Palmer Price, Inc. (PPI) is pleased to submit this agreement for assistance with implementation of* Stormwater Utility for the City of Kennedale. We proposed to provide these services for a maximum not -to- exceed fee of $99,860 based on the time and( materials expended for this effort. This estimate includes 80 hours in Task 3, or $8,000, for additional stormwater utility database development resources from the PPI team, which can be accessed with written authorization if the stormwater billing database task is more difficult than can currently be anticipated. If you have any questions about this proposal, please do not hesitate to contact me at our office number at (817) 868 -1000 or on my mobile phone at (817) 366 -1100. Sincerely, PALMER PRICE, INC. C. Diane Palmer, P.E. Principal (2803 Cottonwood Lane. FedEX and UPS Onty) POB 2086 Colleyville, 7X 76034 (817) 366 -1100 mobile/VM (817) 868 -1000 voice mail (817) 868 -1014 fax 4325 Belmont Ave., 101 C Dallas, TX 75204 (817) 366 -1100 mobileNM (214) 824 -7038 fax 1 5 11 put THIS AGREEMENT is made by and between the City of Kennedale, TX ( "CITY ") and Palmer Price, Inc. ( "CONSULTANT ") as follows: 1. After receiving written notice to proceed, CONSULTANT will provide professional engineering services described in Attachment A, "Scope of Services." 2. CITY shall pay for services provided by CONSULTANT in accordance with Attachment B, "Project Budget and Schedule ". CONSULTANT shall be paid within fifteen (15) days from the date of each submitted invoice. 3. CONSULTANT shall be reimbursed for other direct expenses, including printing and reproduction expense, communication expense, travel, transportation and subsistence away from the office and other miscellaneous expenses directly related to the work, including costs of work required to be done by independent persons other than CONSULTANT's staff members. 4. If the CITY objects to all or any portion of an invoice, the CITY shall notify CONSULTANT in writing within five (5) working days of the invoice date, and pay when due the portion that is not in dispute. 5. CONSULTANT reserves the right to suspend services under this AGREEMENT after giving five (5) working days' written notice to CITY if CITY fails to make payment in full to CONSULTANT by the due date agreed. CONSULTANT will have no liability to CITY because of such suspension of service. 6. CONSULTANT shall notify CITY if it is determined that CONSULTANT'S costs for services and expenses will exceed the costs estimated in Attachment B. CONSULTANT shall halt work and obtain CITY'S written approval for an increase in CONSULTANT'S compensation prior to proceeding. 7. CONSULTANT will perform services identified in Attachment A within the time frame outlined in Attachment B, "Project Budget and Schedule." 8. CITY will provide CONSULTANT with all information and documents pertinent to the services to be performed by CONSULTANT, unless specifically identified as the CONSULTANT'S responsibility in Attachment A. 9. CITY will notify the CONSULTANT immediately following CITY'S knowledge of reason to suspend or terminate this AGREEMENT. The CONSULTANT shall be paid for any work performed prior to CITY notifying CONSULTANT of any such notice. CONSULTANT shall be entitled to compensation for time and expenses incurred up to the time of notification and for time and expense needed to document and secure work in progress. Agreement with City of Kennedale for Assistant with a Stormwater Utility Implementation 11/07/2008 10. CITY shall notify CONSULTANT immediately of any changes that are pertinent to CONSULTANT'S responsibilities under this AGREEMENT. CITY shall provide the CONSULTANT with the opportunity to review any such proposed changes to this AGREEMENT and to assess any changes in compensation or its ability to adequately perform the services required prior to being assigned the additional or changed work. CITY shall make equitable adjustments to CONSULTANT'S compensation or the time of completion for CONSULTANT'S performance as a result of the change. CONSULTANT will notify CITY of any increase in charges because of such changes, and the CONSULTANT and CITY will agree on the amount prior to CONSULTANT performing additional services. Only written changes as provided in this paragraph will be of any force or effect. 11. CONSULTANT will not be liable for delays in performing the Scope of Services, or for the direct or indirect cost resulting from such delays, that may result from acts of God, acts of governmental authorities, or any other cause beyond CONSULTANT'S reasonable control. In such event, CITY shall make equitable adjustments to CONSULTANT'S compensation and /or the time of completion. CONSULTANT will notify CITY of any increase in charges because of such delay, and the CONSULTANT and CITY will agree on the amount prior to CONSULTANT continuing work. CONSULTANT will provide supporting data for the time extension as the CITY may require. 12. Instruments of service will be in a form and format defined in Attachment A and will be signed and/or sealed by a properly licensed professional as may be required. 13. CONSULTANT is an independent contractor and will maintain control of and responsibility for its employees, subcontractors, and agents. CONSULTANT will also be responsible for the means and methods for carrying out the Scope of Services and for the safety of its employees. Nothing contained in this AGREEMENT will create any contractual relationship between CONSULTANT and any other party except CITY. 14. CONSULTANT will be responsible for the payment of all persons or entities performing services to CONSULTANT or on CONSULTANT'S behalf unless specifically identified in Attachment A. 15. CONSULTANT'S services will be performed in compliance with applicable laws, regulations, codes and other requirements. CONSULTANT will obtain normal and usual permits and licenses at CONSULTANT'S expense and will pay for normal and usual taxes, charges or fees associated with the performance of CONSULTANT'S services. 16. CONSULTANT hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Agreement, which is of a confidential, non - public or proprietary nature. CONSULTANT shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, "Confidential Information" means all oral and written information concerning CITY, its affiliates and subsidiaries, and all oral and written Agreement with City of Kennedale for Assistant with a Stormwater Utility Implementation 11/07/2008 information concerning CITY or its activities, that is of a non - public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by CONSULTANT or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure of CONSULTANT, or are required to be disclosed by a governmental authority. 17. Within this scope of services and project budget, CONSULTANT is providing to CITY, for the CITY's use, a copy of its copyrighted application, called DrainageLink which uses Microsoft ACCESS as the database and application tools. CITY agrees to use this application solely for management of the billing data for the stormwater utility as described in the Scope of Services. CITY agrees not to distribute DrainageLink to other parties outside of the CITY or to allow CITY staff or other parties to change or modify the application without written permission from CONSULTANT. The functionality and use of the DrainageLink application shall be that available at the time that the application is installed at the CITY for use on this project. 18. CONSULTANT will support the CITY's version of the DrainageLink application for the duration of the project defined in the Scope of Service and for one (1) year after initial billing of stormwater fees. Thereafter, CONSULTANT can provide additional support for the DrainageLink application as additional services. 19. CONSULTANT shall defend, at its expense, any claim or suit brought against CITY alleging that any software or database furnished hereunder infringes a patent or copyright, and shall pay all costs and damages finally awarded, provided that CONSULTANT is given prompt written notice of such claim and is given information and reasonable assistance to defend or settle the claim. In the defense or settlement of the claim, CONSULTANT may obtain for CITY the right to continue using the software or database, replace or modify the software or database so that it becomes non - infringing or, if such remedies are not reasonably available, grant CITY a credit for the software or database as depreciated. 20. CONSULTANT may provide to the CITY, for use on this Project, the results of its updated surveys about stormwater rates, exemptions, and implementation activities of other cities which have implemented a stormwater utility. CITY agrees not to distribute these data to entities other than those directly involved in this project or as may be needed to inform the public about the CITY's efforts to evaluate this project. 21. CITY will obtain written agreement from the utility BILLING SYSTEM VENDOR for CONSULTANT to access or evaluate the billing system for the purpose of advising the CITY and BILLING SYSTEM VENDOR about developing interfaces and modifications for stormwater billing. CONSULTANT agrees to sign BILLING SYSTEM VENDOR confidentiality agreement as required and included in the CITY's license agreement with BILLING SYSTEM VENDOR. CITY will require BILLING SYSTEM VENDOR to Agreement with City of Kennedale for Assistant with a Stormwater Utility Implementation 11/07/2008 sign CONSULTANT's confidentiality agreement concerning use and distribution of CONSULTANT's DrainageLink application. 22. CONSULTANT will procure and maintain worker's compensation insurance as required by law, commercial general liability insurance of $1,000,000 combined single limit for personal injury and property damage, and professional liability insurance in the amount of $500,000 per claim with a $500,000 annual aggregate. CONSULTANT does not own any vehicles in the company name; however, CONSULTANT maintains coverage of $1,000,000 combined single limit per accident for hired and non -owned automobiles. Where CONSULTANT'S employees use personal vehicles for travel to and from the project site, CONSULTANT shall require that employees carry Automobile Liability Insurance, with a combined single limit of not less than $300,000 for each person and not less than $500,000 for each accident. Certificates of insurance can be provided to CITY prior to initiation of work upon request. 23. CONSULTANT will retain records pertaining to CONSULTANT'S services for three (3) years following the completion or termination of CONSULTANT'S service under this AGREEMENT. 24. The standard of care applicable to CONSULTANT'S services will be the degree of skill = and diligence normally employed by others performing the same or similar services at the time and in the location the services are performed. No other representations, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, plans, opinion document, etc. prepared by CONSULTANT. 25. To the full extent permitted by law, CITY will indemnify, defend and hold CONSULTANT, its employees, officers, directors, and agents, harmless from and against all liability, claims, losses, costs, expenses and fees (including, without limitation, attorneys' fees and the time of CONSULTANT'S personnel involved) arising out of the Project or this AGREEMENT that are in any way caused by errors, omissions or negligent acts of CITY, CITY'S agents, employees, CITY'S Consultants or suppliers. This provision shall survive the termination of this AGREEMENT for any reason. 26. To the full extent permitted by law, CONSULTANT will indemnify, defend and hold CITY, its employees, officers, directors, and agents, harmless from and against all liability, claims, losses, costs, expenses and fees (including, without limitation, attorneys' fees and the time of CITY'S personnel involved) arising of the Project or this AGREEMENT that are in any way caused by errors, omissions or negligent acts of CONSULTANT, CONSULTANT'S agents, employees, or suppliers. This provision shall survive the termination of this AGREEMENT for any reason. 27. The rights and interests under this AGREEMENT cannot be assigned without the written consent of the other party. Unless otherwise specifically stated in any such consent, the Assignor will not be released from any responsibility under this AGREEMENT. Agreement with City of Kennedale for Assistant with a Stormwater Utility Implementation 11/07/2008 28. If CONSULTANT is in default of this AGREEMENT, CITY may, without prejudice to any of its other rights or remedies and without liability to CONSULTANT, terminate this AGREEMENT and complete the services that CONSULTANT was to provide as it deems appropriate. 29. All communications required by this AGREEMENT may be personally delivered or mailed to the other party at the address set forth on the signature page. The address and party may be changed by written notice given as provided in this paragraph. 30. The AGREEMENT shall be governed by the laws of the State of Texas. 31. To the extent that any provision of this AGREEMENT is finally adjudged invalid by a court of competent jurisdiction, that provision shall be modified, as necessary, to make it enforceable. All other provisions shall remain in effect. 32. This AGREEMENT contains the entire understanding and supersedes all prior negotiations or AGREEMENTS concerning the services described herein. This AGREEMENT may only be modified in writing, except as otherwise provided herein. Palmer Price, Inc. "CONSULTANT" City of Kennedale, Texas "CITY" BY: BY: NAME: C. Diane Palmer, P.E. NAME: TITLE: Vice President TITLE: ADDRESS *: POB 2086 ADDRESS: Collgyville, TX 76034 TELEPHONE: (817) 868 -1000 TELEPHONE: DATE: DATE: F Agreement with City of Kennedale for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A The scope of services described in the following tasks defines Palmer Price, Inc.'s (PPI) understanding of the activities and deliverables that will be required to assist the City with a Stormwater Utility Implementation. The estimated project budget and project schedule that accompanies this scope assumes that several of the tasks will be performed by City staff and by other consultants and vendors under separate contract to the City in addition to tasks performed by Palmer Price, Inc., including resources from: • Tarrant County Appraisal District: database manager for City's property records • North Central Texas Council of Governments ( NCTCOG): vendor for City's 2007 aerial photography • Tarrant County 911: database manager for City's 911 street addresses • Tarrant County LISPS: database manager for City's USPS street addresses • STW, Inc.: the City's billing system vendor • TOASE: the City's Consulting Attorney r Task 1: Manage Project Palmer Price, Inc. (PPI) will serve as the prime consultant for this project and will manage subcontracts for database programming, ARCView geographic information system (GIS) consulting needed to develop the DrainageLine stormwater utility billing database and assistance in developing information about the stormwater capital improvements program (CIP). PPI proposes to utilize resources from Halff Associates to develop the GIS impervious area layer review from 2007 NCTCOG GIS aerials and to review the stormwater capital improvements program (CIP). Additionally, PPI will facilitate communications among the several vendors who will supply data or services to the City through other contracts. The following general management effort from City staff is anticipated. GkE Staff' 80 Fours Estimated • Facilitate collection of stormwater billing data sources • Review information about cost -of- service and rates • Review processes and implement changes that may be required with implementation of the Stormwater Utility • Provide resources for execution of the Community Awareness Plan • Communicate with citizens and the City Council as needed throughout the Public Hearings and after initial billing of stormwater fees. A -1 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A Palmer Price, Inc. will: 1.1. Facilitate a Project Kickoff Meeting to: • review the project goals and objectives, • discuss the schedule for the project and review the critical path items, and • outline the data that will need to be collected by City Staff • outline the resources that will be provided by the City that are outside of this agreement 1.2. Manage Project Team and Deliverables, including: • monthly project invoicing and status reports • project team meetings • quality assurance for tasks Task 1 Deliverables: • Project Kick -off Meeting • Monthly Project Status Reports and Invoicing Task 2: Develop Stormwater Utility Billing Database The Local Government Code authorizing the establishment of a Municipal Stormwater (Drainage) Utility requires an inventory of lots and parcels and requires that the Stormwater (drainage) fee calculation be based on stormwater related parameters. These types of data can typically be obtained from several sources, including Geographic Information System (GIS) databases, Appraisal District (AD) databases, plans provided to the City for building permits and subdivision development, as well as other sources. These data, that will be utilized to develop stormwater rates, will be collected in PPI's copyrighted database application called DrainageLink The DrainageLink application will allow the project team to electronically capture the situations where there may be several utility accounts serving a combination of parcels, such as on commercial, public, multi - family, and residential properties with domestic and irrigation water service. The DrainageLink application will also allow the project team to evaluate and develop the stormwater billing data off -line from the City's utility billing system operations so that those activities are not interrupted. This scope of services assumes that the City has available at least one computer with sufficient hardware capacity and software licenses for utilizing the City's GIS ARCInfo and ARCView software to verify impervious area calculations for individual parcels. The same or a different computer (depending on how many staff members are assigned to the project) is also needed to utilize the ACCESS based DrainageLink application. A -2 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 F ATTACHMENT A The City will also need to arrange to have access to the Utility Billing System (UBS) data on the same computer where the DrainageLinO application and GIS data are housed in order look up and verify data in the UBS. The level of effort for this project assumes that City staff members who are very knowledge about where parcels and water meters are located are available to work on this project. The level of effort and time required to perform the work may increase if the staff assigned to the project has little knowledge of the properties from previous field experience. Additionally, the following work and estimated effort from other resources is anticipated for this task. ,STW. Inc. 24 Hours Estimated • Provide to PPI: o a data download of utility billing data about the City's current customers several times during the project Consulting Enineers and Planners 16 Hours Estimated • Provide to PPI: o a digital copy of the GIS map layer of the city limits boundary and individual parcel boundaries o a digital copy of the GIS zoning map and land use map Tarrant County Appraisal District previously vaid by ON • Provide to PPI: o a digital copy of the GIS map layer of the city limits boundary and individual parcel boundaries • a data download from the parcel database within the City • a digital copy of the codes and descriptions used in the parcel database North Central Texas Council of Governments aerials need to be purchased by City • Provide to PPI: o a digital copy of the 2007 aerial photography for the City Tarrant County 911 previously paid by City • Provide to PPI: o A digital copy of the 911 street names and building number ranges maintained for the City and which are parsed out into data fields A -3 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 US Postal ,service previously aid by City • Provide to PPI: o A digital copy of the USPS street names and building number ranges maintained for the City and which are parsed out into data fields Ci Staff 110 Hours Estimated • Provide a digital copy of the subdivision names, street names and building number ranges maintained for the City and which are parsed out into data fields • Provide a digital copy of the name of businesses, apartments, schools and churches within the city limits • Facilitate collection of stormwater billing data sources outlined above • Resolve issues related to inconsistent street addresses • Learn the use of the DrainageLink ACCESS application • Perform field investigations that may be required to resolve billing data issues • Perform office file investigations that may be required to resolve billing data issues • Reconcile address or parcel identification mismatch issues as may be required • Manually enter data into the DrainageLink database to resolve parcel and account matches remaining after matching with automated database tools _ Palmer Price. Inc. will: 2.1. Modify the DrainageLink database application for use with the data sources available to the City 2.2. Screen existing utility billing data for consistency for different customer classes and service types 2.3. Assist City staff to reconcile and correct initial inconsistencies in parcel and/or billing data, particularly with regard to parcel situs addresses and utility service location addresses 2.4. Populate the DrainageLink database with initial information from various digital sources 2.5. Perform initial matching of parcels with utility accounts utilizing automated database tools 2.6. Assist City staff to manually reconcile and correct remaining matches of parcels with utility accounts 2.7. Run various reports for City staff to review and complete parcel to meter matches 2.8. Manage the database integrity and backups A -4 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 2.9. Perform quality control screening during the parcel to UBS account matching process 2.10. Digitize building footprint, paving and gravel areas for non - residential properties 2.11. Review the Tarrant Appraisal District ground floor information for planimetrics data for residential properties for use in establishing the equivalent residential unit (ER". 2.12. Assist City staff to evaluate changes that may be needed in the GIS database so that stormwater data parameters can be stored long -term in order to facilitate resolution of customer service questions about stormwater bills 2.13. Work with utility billing and GIS staff to develop a plan for long -term maintenance of key links between parcels and UBS accounts in both database systems Task 2 Deliverables: Technical Memorandum discussing: • Data issues evaluated • Data problems identified and resolved • Long -tern data issues that must be resolved by others Stormwater Billing Database file for upload to the UBS Corrected GIS parcel and impervious area layers Task 3: Additional Consulting Resources for Stormwater Billing Data Development (additional services upon written authorization) After initial database population and matching of parcels with UBS accounts, the estimate for the effort needed for developing stormwater billing data will be reassessed. Additionally, the availability of City resources will be reviewed to determine whether additional consulting resources are needed to maintain or shorten the schedule for stormwater billing data development so that the target date for initial stormwater billing can be reached. Upon written authorization by the City, PPI will provide labor to assist City staff to develop the stormwater database in addition to the effort identified in Task 2. This task will be staffed by PPI with experienced engineering or database technicians to the level and extent agreed. Palmer Price, Inc. will: 3.1. Provide up to 48 additional hours of labor to assist City staff in stormwater database development activities (additional services upon written authorization) A -s Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 0 �` L 3.2. Provide up to 32 additional hours of labor, or total of 80 hours, to assist City staff in stormwater database development activities (additional services upon written authorization) Task 4: Document Stormwater Program Plans The cost -of- service for a Stormwater Utility typically results from plans developed to mitigate identified drainage and water quality problems within the City. The project team will need to identify the program elements and activities that may be considered for funding over the next 20 years with revenues from the Stormwater Utility and determine whether those plans need to be updated or enhanced. This task includes 220 hours of effort to define a conceptual plan for the City's anticipated over -all stormwater capital improvement program. Neither hydrologic and hydraulic models nor detailed preliminary design of projects is included in this scope of services. Palmer Price, Inc. will: 4.1. Document costs for projects identified in previous stormwater studies • Collect and summarize previous stormwater studies • Drainage and Erosion Control Plan • Stormwater Quality Plan • Stormwater Operation and Maintenance Plan • Determine priority of funding for known projects and expenses 4.2. Document costs for newly identified (not previously studied) stormwater problems • Review information about newly identified (not studied) problems from existing information sources • City staff interviews • City's work management database (if available in digital form) • Citizens' complaints database (if available in digital form) • FEMA flood plain mapping • Determine priority of funding for newly identified projects and operation and maintenance expenses • Work with City staff to estimate the costs of newly identified projects and operation and maintenance expenses • Compare priorities for projects previously studied and those newly identified • Establish a combined priority matrix for known and newly identified projects • Determine efforts required to more clearly define high priority newly identified projects A -6 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 F 4.3. Develop updated stormwater (drainage) costs for capital improvements • Update high priority capital improvements project (CIP) costs to PY2010 values • Establish a combined priority listing of stormwater utility expenditures for capital projects which includes projects that will be funded from other revenues and projects that may be funded by the Stormwater Utility. Task 4 Deliverables: • EXCEL worksheets documenting the stormwater capital improvements projects Task : Document Stormwater Utility Cost -of- service The Local Government Code 402.044 for establishing a Municipal Stormwater (Drainage) Utility allows the full cost -of- service for stormwater activities to be funded through a stormwater utility fee, including: • "the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to _ structures, equipment, and facilities used in draining the benefited property; • the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefited property; • the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefited property; • the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefited property; • the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefited property; • the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue - pledge securities or obligations issued by the municipality; and • the administrative costs of a drainage utility system. A -7 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A In addition, revenues from other sources including stormwater impact fees and the general fund can supplement the revenues received from a stormwater utility fee when determining funding for stormwater activities. However, revenues received and eligible expenditures paid from each funding source must be segregated and accounted separately in order to satisfy the legal and financial requirements of each funding authorization. This proposal assumes that City Staff will collect existing documentation about the stormwater capital improvements program and prioritize the projects that will be included in the stormwater utility cost-of-service (budget). PPI will compile and review the information for use in calculating stormwater utility fees and update estimated costs for capital projects and operation and maintenance programs to FY2010 values. PPI will also suggest future enhancements in the current budget detail that could be used to facilitate future cost -of- service evaluations. Palmer Price, Inc. will assist City Staff to: 5.1. Identify the funding sources for stormwater activities, including: • Stormwater Utility fees • General Fund • Developer contributions • Other outside contributions • Corps of Engineers • Others 5.2. Review the existing ordinances affecting how stormwater services are currently funded by the City and others, such as developers, to determine how these funding mechanisms may affect the development of the cost-of-service (budget) and /or rate design for the stormwater utility 5.3. Review bond covenants used to fund drainage improvements to determine how the covenants may affect the development of the cost -of- service (budget) and /or rate design for the stormwater utility 5.4. Review with City staff the methodologies to document cost allocations for stormwater services that may be part of other budgets 5.5. Document direct budget and financial information for stormwater activities, including: • Stormwater (drainage) capital improvement plan(s), • Stormwater (drainage) operations and maintenance, • Debt service on bonds used to fund stormwater (drainage) improvements, and • Other stormwater (drainage) related budgets A -8 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 P 5.6. Review data to support indirect cost allocations for stormwater activities provided by: • City Manager • City Secretary • City Council • City Attorney • Finance Department • Information Services • Utility Billing Customer Sei vice • Fire Department (water quality emergency response) • Parks Department • Planning Department • Engineering Department • Public Works Department • Other Departments Supporting Stormwater Operations 5.7. Establish preliminary goals and priorities for stormwater utility funds over the next 20 years 5.8. Compile an initial stormwater revenue requirement that will be utilized to allocate costs and design rates 5.9. Review with City staff the typical timing of cash flow requirements for funding stormwater activities 5.10. Review with City staff anticipated rates of inflation, growth rates for additional development, and probably financing parameters 5.11. Develop a 20 -Year Cash Flow Model of the costs that will be funded through revenues from the stormwater utility 5.12. Revise the 20 -Year Cash Flow Model to include the revenues from the approved stormwater rates 5.13. Assist City staff to identify revisions to the charts of accounts for the general ledger that may be needed in order to more easily capture supporting documentation for the stormwater cost -of- service in the future and to track revenues and expenditures for the stormwater utility Task 5 Deliverables: • EXCEL worksheets documenting the Stormwater Utility Cost -of- service A -9 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A Task 6: Design Stormwater Rate Structure Stormwater utility revenues can be utilized to fund infrastructure and operational expenses for both existing and new customers of the utility. Because multiple sources of revenues will be needed to fully fund all of the City's stormwater activities, a 20 -year cash flow model for stormwater revenue requirements will be developed in order to determine how the stormwater utility rates may likely need to be adjusted over time given the probability of increases or decreases in other revenue sources, effects of inflation and changes in program activities. Over forty four cities in the North Texas area and throughout Texas have established a stormwater utility as a means to manage and finance stormwater infrastructure and activities. The stormwater rates and billing structures vary among these cities. In setting stormwater utility rates, the City will need to consider the impacts of its stormwater fees, as well as other rates and charges levied by the City. One way to judge the impact of the new utility on City's citizens is to compare the proposed rate stormwater structure to other utilities in the area through a benchmark survey of stormwater utility rates. Palmer Price, Inc. will: 6, 1. Review with City staff the inventory of lots and parcels and discuss rate design issues that may need to be considered 6.2. Review the capabilities of the utility billing system (UBS) with regard to flexibility in designing stormwater rates 6.3. Review utility billing policies that may affect how stormwater utility services will be billed and collected 6.4. Determine exemptions that may be allowed for selected developed properties, or for "wholly sufficient and privately owned drainage systems ", which "do not discharge into a creek, river, slough, culvert or other channel that is part of a municipal drainage utility system" Local Government Code, Chapter 402.044. 6.5. Identify mandatory exemptions for state properties and institutes of higher learning Local Government Code, Chapter 430.003. 6.6. Design rates for each stormwater utility customer class so that revenues will cover the cost-of-service, including reserves needed for financial instruments, such as revenue bonds, vacancies and writeoffs, rate stabilization or other purposes 6.7. Update PPI's survey of selected cities in the area concerning the stormwater fees charged by stormwater utilities in those cities and the exemptions or adjustments that are allowed in some cities A -10 , Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A Task 61 Deliverables: • EXCEL worksheets documenting the Stormwater Utility rate design • PowerPoint presentation of selected documentation for the Stormwater Utility Rates for use in the public hearing, including: • Stormwater Cost -of- Service • 20 -Year Cash Flow Model • Stormwater Fee Calculation and Rate Design Task 7; Prepare Ordinances, Communicate with Citizens and Hold Public Hearings The local government code stipulates specific requirements for establishing and maintaining a municipal stormwater (drainage) utility. An ordinance authorizing the utility and a rate resolution/ordinance setting initial rates for the utility will be prepared for review by the City Council. The public hearing notice, utility ordinance and rate ordinance or resolution must be published in full at least three (3) times prior to the public hearing The first printing must be at least thirty (30) days prior to the public hearings. Local Government Code, Chapter 402.045. Because citizens and businesses may not be familiar with benefits of a stormwater utility rate structure, the City will also want to consider a community awareness program that will convey to the public how the funds will be used and how different customer classes will be affected by the stormwater utility fees. The schedule and scope of services for this task assumes that the City Council will meet in one (1) work shop to consider the proposed maximum rates that will be published in the newspaper and will consider matters related to the Stormwater Utility during two (2) separate public hearing dates in order to afford a first and second reading of the ordinances. The following efforts are anticipated from the City's consulting attorney. Consulting City Attorney (TOa1SE) I6 Hours Esti><rtated • Meet with City staff and PPI to discuss the operational issues related to a Stormwater Utility • Review the draft ordinances prepared by PPI • Finalize the proposed ordinances and public hearing notices at least one month prior to the workshop with the City Council to discuss possible stormwater rates A -11 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A Palmer Price, Inc. will: 7.1. Provide draft ordinances outlining operational issues for review by consulting City Attorney, who will develop the final ordinances 7.2. Assist City Attorney to prepare the final stormwater utility ordinance and rate resolution as requested 7.3. Assist City staff to develop a Community Awareness Plan for the Stormwater Utility 7.4. Assist City staff to prepare a newspaper article discussing the stormwater activities that are ongoing or planned 7.5. Assist City staff to prepare an information brochure to be mailed with the initial stormwater utility billing 7.6. Assist City Staff with preparation of the public hearing notice for the public hearings 7.7. Present information about the proposed stormwater utility at one (1) City Council workshop and two (2) public hearings Task 7 Deliverables: • Draft of Public Hearing Notice • Draft of Stormwater Utility Rules Ordinance • Draft of Stormwater Utility Rate Ordinance/Resolution • Draft of Stormwater Activities Article • Utility Billing Flyer discussing the new Stormwater Utility Task 8: Implement Stormwater Utility Fee Once stormwater utility rates are approved, stormwater billing codes and amounts will be revised in the DrainageLink database. The appropriate information from the DrainageLink database will then be uploaded to the City's billing system in order to populate the billing database. The existing utility billing system software that is utilized by the City currently has selected functionality that allows Stormwater fees to be calculated from a billing quantity and rate table. Additionally, PPI has worked with STW to develop several stormwater billing maintenance tools for several other cities. Depending on the version of the STW software that is installed at the City, PPI will work with STW to implementation these previously developed tools. The selected method of calculating stormwater fees will take into account how the stormwater data can be more easily maintained and updated in the utility billing system either as a flat class rate or as individual fees within specialized classes. The design of the stormwater rates will also A -12 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 ATTACHMENT A consider the capabilities of the existing billing system and the extent to which modifications to the system will be required by any particular design of a rate structure. City staff and the billing system vendor will be responsible for testing the billing output for stormwater utility fees, performing quality control checks of billing procedures and processes and investigating the source of fee calculation and billing errors prior to initial billing of stormwater fees. PPI will assist the City and the billing system vendor to plan these efforts. City staff will set up and implement the chosen data access tools for UBS customer service staff to view data stored in DrainageLinV and ARCView utilizing City's hardware and software licenses. PPI will assist the City to plan these efforts. This scope of services assumes that the City has available a test system for the utility billing system (UBS) where stormwater utility fee calculations and bill printing can be tested prior to upload of final billing data to the live system and that the billing system vendor will plan, manage and perform those services. The anticipated services from the utility billing vendor include: STW, Inc. 32 Hours Estimated • Consult with PPI about how the utility billing software is designed to bill stormwater fees and facilitate maintenance of stormwater billing data • Provide to PPI examples of any existing reports or data maintenance tools for stormwater billing • Provide programming services to revise the UBS to calculate and bill stormwater fees and to develop additional stormwater billing reports • Test any proposed modifications on a test system for the UBS • Test the stormwater fee calculation and bill printing on a test system for the UBS prior to upload of the final stormwater billing database • Provide documentation of the test results for quality assurance review by City staff and PPI • Upload customer data for initial stormwater fee calculation and billing • Provide quality control of initial stormwater utility bills Palmer Price, Inc. will: 8.1. Assist the City to define a scope of services for the consultant who will design and program the additional billing system modifications and interfaces that may be needed to bill stormwater fees 8.2. Provide high level documentation of how the UBS is designed to bill stormwater fees A -13 a Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 8.3. Assist City staff to evaluate changes that may be needed in the UBS database so that stormwater data parameters can be stored long -term in order to facilitate resolution of customer service questions about stormwater bills 8.4. Identify possible modifications to the UBS that may be considered for improvements to reporting or maintenance of stormwater utility billing data 8.5. Assist City staff, the software programmer, and /or other consultants to develop the desig i for modifications to the utility billing system 8.6. Assist City staff and the software programmer to develop test scripts and a testing plan to test the billing output for stormwater fees 8.7. Assist billing system vendor to upload information from the DrainageLink database to the utility billing system test system 8.8. Assist the billing system vendor to develop a plan for quality control and testing assistance prior to initial billing up to a maximum of sixteen (16) hours from PPI 8.9. Assist City staff to develop a plan to maintain the stormwater database using the DrainageLink database in order to bill stormwater fees, to answer questions from customers, and to update the billing structure during future evaluations or as additional properties are developed for one (1) year after initial stormwater fee billing 8.10. Facilitate one workshop with Customer service staff to provide training for responding to questions about the Stormwater Utility 8.11. Support City staff in answering questions from customers about the revised rates during the first month of billing cycles. The scope of services includes sixteen (16) hours of telephone support for this subtask Task 8 Deliverables: • Technical Memorandum discussing: o Current status of stormwater billing capabilities in the UBS o Estimate of efforts needed for any recommended billing system changes • Upload file of Stormwater Utility billing database • One training workshop for UBS customer service representatives A- 14 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 Implementation of the Stormwater Utility will require resources from several other outside consultants and vendors, as well as from City staff. Based upon our team's experience with other Stormwater Utility implementations, the following table itemized the other resources that may be required; although, the budget estimates for each resource outside of this agreement will need to be verified by the City. Vendor Service Resource Required Estimated Cost Other Contracted Services NCTCOG 2007 Aerials $2,000 NCTCOG 2007 Planimetrics not available $0 Tarrant Appraisal GIS Parcel Layer previously contracted and paid $0 Computer Upgrade for ARCView Memory and hard drive upgrade $1,000 ARCView License View GIS Layers in Customer Service $1,200 Tarrant County Appraisal District Parcel Ownership Records previously contracted and paid $0 Tarrant County 911 Street Address Standards previously contracted and paid $0 US Postal Service Street Address Standards previously contracted and paid $0 TOASE Consulting City Attorney Ordiance Preparation 16 hours $3,200 STW, Inc. Utility Billing System UBS Data and Programming 56 hours $5,600 Newspaper of Record Print Stormwater Activities Article in Newspaper approximately one half page $1,500 Newspaper of Record Print Public Hearing Notice & Ordinances Print 3 times prior to Public Hearing $2,500 _ Local Printing Company Print Flyer with 1 st Stormwater Fee Billing 3,000 copies $800 USPS Postage for Mailing Utility Billing Flyer 3,000 copies $1,000 Total Other Contracted Service $18,800 A -15 a Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 1. PPI shall perform the assigned scope of services described in Attachment A, based upon time and materials expended with a maximum not to exceed budget of $99,60.00 (Ninety nine thousand and eight hundred sixty dollars and no cents), 2. Invoices shall be submitted monthly and based upon professional hours expended and project expenses incurred as outlined in the Scope of Services described in Attachment A. 3. The total estimated budgets for tasks and expenses are included in Table below: Task Consulting Consulting', Palmer Price CIP GIs City City Efforts Budget i Consulting Engineer Database GIs Effort Effort Effort Effort Effort $126 $125 $95 $60 $60 PPI Project Team. 1 Manage Project ➢ Project Management and Administration 2 Develop Stormwater Billing Database D Stormwater Utility Billing Data Investigation ➢ Stormwater Utility Rate Methodologies ➢ Stormwater Utility Billing Database 3 Additional Stormwater Billing Data Development D Additional Billing Database 1 (with written authorization) ➢ Additional Billing Database 2 (with written authorization) 4 Document Stormwater Program Plans ➢ Stormwater Utility Fund Estimates A Previous Stormwater Studies ➢ Newly Identified Stormwater Problems ➢ Stormwater Plan Costs 6 Document Stormwater Utility Cost -of- Service D Cost information from existing budget and plan sources ➢ Cost information from CIP and TCEQ SWMP 6 Design Stormwater Rate Structure ➢ 20-Year Cash Flow Model D Stormwater Utility Rate Design Wormwater Utility Documentation ➢ Benchmark Survey on Rates 7 Prepare Ordinances and Hold Public Hearings ➢ Legal Authority Community Awareness Plan ➢ Public Hearing 8 Implement New Stormwater Utility Fee ➢ Utility Billing Modifications and Interfaces Initial Revised Stormwater Billing Professional Fees Professional Fees Direct Project Expenses Travel and Subsistence Additional Travel and Subsistence Total Project Team Fees & Expenses Other Estimated Direct Project Expenses Outside Services 2007 NCTCOG Aerial Photography 2007 NCTCOG Planimetrics Computer UpGrads for ARCView ARCVIew License Consulting City Attorney (TOASE) Utility Billing Programmer (STW) Print Stormwater Activities Article (Kennedale News) Print Ordinances In the Paper 3 Times (Kennedale News) Print Utility Billing Flyer (Local Vendor) Additonai Postage for Utility Billing Flyer Direct City Staff Time City Staff Database Manager (Utility Billing) Total Other Direct Project Expenses TOTAL ESTIMATED PROJECT BUDGET 36 $4,500 24 12 30 $3,630 26 0 4 " 2 $260 2 0 220 $28,080 .' 168 4 48. -. 110 0 48 $8,000 ; 48 32 $4,000 ;`I 32 10 $1,260 c 8 2 0 26 $3,260 ; 1 10 16 0'` 112 $14,000 `' 10 102 0 72 $8,760 ''? 28 36 8 "- 26 $3,250 ';: 24 2 0 18 $2,250 '': 16 2 0.' 40 $5,000 40 12 $1,600 12 0 36 $4,260 << 24 4 8 8 $1,000 '' 8 16 $2,000 i 16 8 $1,000 _. 8 20 $2,600 ! 16 4 12 $1,600 - I 12 16 $ 2, 0 00 . , 16 800 $97,960 i? 648 184 68 110 0 $97,980 ' $68,600 $23,000 $6,460 $6,500 $0 $1,300 ` $600 $200 $600 $0 $0 $600 ,I $400 $200 $0 $0 '; $0 $D $0 $99,860 $69,600 $23,400 $6,960 ` $ ,600 $0 $2,000 "2009 per Shelley "; Broyles, 10 -29 -2008 $0 use GIs fmpervlous layer $1,000 $1,200 16 $3,200 ` 66 $5,600 $1,600 $2,600 $800 :. $19 ; $5,600 24,300 $124,160 'r B -1 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 F G• �'.lc /l C i Professional fees for services related to this project will be billed at the following hourly billing rates. Resource Year 2008 Hourly Billing Rates Palmer Price, Inc. Principal (Registered Engineer) $125 Database Programmer $125 Database Technician $125 Direct Project Expenses at cost Halff Associates Engineer $125 GIS Technician $95 = Direct expenses incurred for this project shall be billed at cost. Additional Services Services in addition to those described in Attachment A can be provided upon written authorization containing a detailed scope of services, a revised time for completion, revised hourly billing rates and revised estimate of compensation. Payment of Invoices Payment of Invoices from Palmer Price, Inc. should be mailed via LISPS to: F P rice, P.O. Box 20 C TX 76034 Federal Express or UPS delivery can be made to 2803 Cottonwood LN, Colleyville, TX, 76034 B -2 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 M PPI shall commence work upon receiving written authorization to proceed. Based on the Scope of Services outlined, PPI anticipates that the services described herein can be completed within twelve (12) months; however, the schedule may be extended or shortened as mutually agreed between PPI and City. Task PPI Project Team: 1 Manage Project Project Management and Administration 2 Develop Stormwater Billing Database ➢ Stormwater Utility Billing Data Investigation Stormwater Utility Rate Methodologies ➢ Stormwater Utility Billing Database 3 Additional Stormwater Billing Data Development ➢ Additional Billing Database 1 (with written authorization) Additional Billing Database 2 (with written authorization) 4 Document Stormwater Program Plans ➢ Stormwater Utility Fund Estimates Previous Stormwater Studies ➢ Newly Identified Stormwater Problems Stormwater Plan Costs 5 Document Stormwater Utility Cost -of- Service ➢ Cost information from existing budget and plan sources ➢ Cost information from CIP and TCEQ SWMP 6 Design Stormwater Rate Structure ➢ 20 -Year Cash Flow Model ➢ Stormwater Utility Rate Design ➢ Stormwater Utility Documentation ➢ Benchmark Survey on Rates 7 Prepare Ordinances and Hold Public Hearings ➢ Legal Authority ➢ Community Awareness Plan Public Hearing 8 Implement New Stormwater Utility Fee Utility Billing Modifications and Interfaces ➢ Initial Revised Stormwater Billing Professional Fees O N D J F M A M J J A S10 N IN sm IN 0M B -3 Agreement with City of Forney for Assistant with a Stormwater Utility Implementation 11/07/2008 P CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -p MOTION: m COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: 0 p a l .►) gag= To the Mayor and Council Members Date: November 7, 2008 Agenda Item No: VII-P Subject: Ordinance Adopting 2006 International Codes Originated by: James E. Cowey, Building Official Summary: The City of Kennedale is currently using the 2003 International Codes and would like to adopt the 2006 International Building Code, 2006 International Residential Code, 2006 International Plumbing Code, 2006 International Mechanical Code, the 2006 International Fuel Gas Code, the 2006 International Energy Conservation Code, and the 2005 National Electrical Code without any amendments with the exception of the 2006 International Fire Code with the key fire code amendments being: • Automatic fire sprinklers required in new buildings of combustible construction that are 6,000 square feet or greater and new buildings of totally noncombustible construction that are 12,000 s uar feet or greater. o Exceptions may be granted for Group F buil dings of totally noncombustible construction truction with totally noncombustible contents. • Automatic fire sprinklers required in all new multifamily residential buildings. • Residential fire sprinkler systems required in new residences ,000 square_ feet or greater. • High -rise buildings redefined as buildings with any floor level 35 feet above fire department access. Staff Recommends Approval F TTTM AN ORDINANCE OF THE CITY OF KENNEDALE ADOPTING THE 2006 INTERNATIONAL BUILDING CODE, 2006 INTERNATIONAL RESIDENTIAL CODE, THE 2006 INTERNATIONAL PLUMBING CODE, THE 2006 INTERNATIONAL MECHANICAL CODE, THE 2006 INTERNATIONAL FUEL GAS CODE, THE 2006 INTERNATIONAL ENERGY CONSERVATION CODE, THE 2006 INTERNATIONAL FIRE CODE; AND THE 2005 NATIONAL ELECTRICAL CODE; PROVIDING FOR THE MODIFICATION OF THE CODES TO INCORPORATE LOCAL AMENDMENTS; PROVIDING FOR RECORDING OF THE CODES AS A PUBLIC RECORD; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE 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, the City Council of the City of Kennedale desires to adopt the 2006 Editions of the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, and International Fire Code, and the 2005 Edition of the National Electrical Code as the official municipal codes of the City; and WHEREAS, the City Council of the City of Kennedale desires to provide a mechanism by which local modifications reflecting the unique needs of the City of Kennedale may be made when deemed appropriate. NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF OF •l 1. 1 •'. • • 11 . - . • • The 2006 Edition of the International Building Code is hereby adopted as the official building code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 1 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) SECTION 2. ADOPTION OF 2006 INTERNATIONAL RESIDENTIAL CODE The 2006 Edition of the International Residential Code is hereby adopted as the official residential construction code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 3. RESOLUTION OF CONFLICTS BETWEEN INTERNATIONAL BUILDING CODE AND INTERNATIONAL RESIDENTIAL CODE To the extent of any conflict between the International Building Code as applied to residential property and the International Residential Code, the International Residential Code shall control. SECTION 4. - ADOPTION OF 2006 INTERNATIONAL PLUMBING CODE The 2006 Edition of the International Plumbing Code is hereby adopted as the official plumbing code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTIOA 5. ADOPTION OF 006 INTERNATIONAL MECHANICAL CODE The 2006 Edition of the International Mechanical Code is hereby adopted as the official mechanical code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 6. ADOPTION OF 2006 INTERNATIONAL FUEL GAS CODE ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 2 \ \server2 \kturner \CITY COUNCIL\ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) The 2006 Edition of the International Fuel Gas Code is hereby adopted as the official fuel gas code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 7. ADOPTION OF 2006 INTERNATIONAL ENERGY CONSERVATION CODE The 2006 Edition of the International Energy Conservation Code is hereby adopted as the official energy conservation code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 8. ADOPTION OF 2006 INTERNATIONAL FIRE CODE The 2006 International Fire Code is hereby adopted as the official fire code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 9. ADOPTION OF LOCAL AMENDMENTS TO INTERNATIONAL FIRE CODE The 2006 Edition of the International Fire Code, as adopted herein is hereby amended by adoption of those local amendments shown on Exhibit "A" attached hereto. SECTION ADOPTION OF 2005 NATIONAL ELECTRICAL CODF The 2005 National Electrical Code is hereby adopted as the official electrical code of the City of Kennedale, Texas, and is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in such code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 3 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) SECTION 11. MAINTENANCE OF CODES AS PUBLIC RECORDS The material contained in Exhibits "A" to this ordinance, although fully adopted and incorporated by reference, shall not be included in the formal municipal codification of ordinances. The material contained in Exhibits "A" shall instead by maintained as a public record in the office of the City Secretary, Building Official, Fire Marshal, and Library. These exhibits will be available for public inspection and copying during regular business hours. The purpose of maintaining these records separate and apart from the municipal codification is to avoid the inclusion of detailed technical construction materials, subject to frequent change, which would unreasonably lengthen the code. SECTION 12. ADDITIONAL LOCAL AMENDMENTS CONTEMPLATED The City of Kennedale may from time to time determine that additional local modifications to the codes adopted herein are necessary and appropriate to meet the unique building needs of the City of Kennedale. To effectuate modifications, the city council may enact individual ordinances amending this ordinance fully setting forth the change to be made in the specific code. Such subsequent amendments shall be consolidated as an exhibit to this ordinance, and shall be maintained as a public record in the office of the city secretary. SECTION 13. PERMITS AND FEES The codes adopted herein provide for the issuance of certain permits and the collection of fees therefor. The fees shall be established by the City's schedule of fees. SECTION 14. PROVISIONS CUMULATIVE BUT CONFLICTING ORDINANCES REPEALED This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Code of Ordinances of the City of Kennedale, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such existing ordinances and code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 15. PROVISIONS SEVERABLE 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 ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 4 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 16. PENALTY 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 no more than Two Thousand Dollars and no cents ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars and no cents ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 17. PREVIOUSLY ACCRUING RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Kennedale, Texas, are expressly saved as to any and all violations of the provisions of the Building Code, Residential Code, Electrical Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Existing Building Code, Property Maintenance Code, or any other ordinances affecting such codes which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 18. PUBLICATION 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 in accordance with Section 52.013(b) of the Local Government Code. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 5 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) SECTION 19. PUBLICATION IN PAMPHLET FORM 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. SECTION 20. EFFECTIVE DATE This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. APPROVED: ATTEST: KATHY TURNER, CITY SECRETARY APPROVED TO AS TO FORM: WAYNE K. OLSON, CITY ATTORNEY MAYOR, BRYAN LANKHORST F ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 6 \\serve r2\ktu rne r\C ITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) EXHIBIT A LOCAL AMENDMENTS TO 2006 INTERNATIONAL FIRE CODE The following sections, paragraphs, and sentences of the 2006 International Fire Code are hereby amended as follows: Standard type is text from the IFC. Underlined type is text inserted. L through type as deleted text frem lFS4 A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2006 code. Note: Fire sprinkler code provisions for single - family dwellings and duplexes may be found in the International Residential Code. "Section 102.4; change to read as follows: 102.4 Application of building other codes. The design and construction of new structures shall comply with this code, and other codes as applicable the k4temationa Repairs, alterations and additions to existing structures shall comply with this code and the International E x i st i ng Building Code. (Reason: Clarification of requirements and that the IFC also applies to new residential construction and the International Existing Building Code is not recommended for adoption at this time.) "Section 102.6; change to read as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) Section 103.1; delete. Section 103.2; delete. Section 103.3; delete. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 7 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) Section 105.1.2; change to read as follows: 105.1.2 Types of permits. There shall be two three types of permits as follows: Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either: 1.1. A prescribed period. 1.2. Until renewed or revoked. 2. Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.7. 3. Building permit. Any owner or authorized agent who intends to build or modify any commercial building or residential subdivision shall first obtain a permit from the fire code official.. Section 105.2.2; change to read as follows: 105.2.2 Inspection authorized. Before a new operational or building permit is approved, the fire code official is authorized to inspect the ... {remainder of section unchanged }. Add Section 105.2.5 to read as follows: 105.2.5 Building permit requirements. The application for a building permit shall include at least three copies of the following: 1. a site plan, which shall include at a minimum the following information: (a) locations of fire hydrants (b) locations of water mains, with size noted (c) building occupancy types and square footages for each (d) required fire flow for each building 2: a fire department access roads (fire lane) marking /sign plan, with width noted for each and all required turning radiuses marked. This plan may be submitted as notes on the site plan or separately. 3. a fire protection building plan, what shall at a minimum include the following information: ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 8 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) F (a) fire sprinkler system (b) fire alarm system (c) fire extinguisher location (d) specialized fire systems, i.e. hoods (e) keyless entry system (Knox Box) (f) fire department access areas, i.e. attics, roof, etc. (g) fire exits and required details (h) fire exit door hardware. 4. A labeling plan, addressing the lettering of items such as address numbers, suite numbers, room numbers, fire extinguishers, FACP, riser, attic access, roof access, mechanical room, electrical, fire regulations signs, and items of a similar nature. This information may be submitted as notes on the drawings or separately. No, concrete, utility, rough plumbing, construction, framing or structural work can begin until all the site plans are approved. No building above the slab can begin until the building plans are approved and the apparatus access roads (fire lanes) are in place and the fire hydrants are in working order. "Section 109.3; change to read as follows: Section 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $2, 000.00. Each day that a violation continues after due notice has been served shall be deemed a separate offence. (Reason: To provide a definition that does not exist in the code.) "Section 202; add or amend definitions as follows: CODE OFFICIAL. is the fire chief, fire marshal, fire prevention officer, inspector or other designated authority charged by the governing body with the duties of administration and enforcement of the code, or a duly authorized representative. DEPARTMENT OF FIRE PREVENTION is the Office of the City Fire Marshal. FIRE DEPARTMENT is the City of Kennedale Fire Department. FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 9 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. HIGH -RISE BUILDING. A building having any floors used for human occupancy located more than 35 feet above the lowest level of fire department vehicle access. JURISDICTION is the City of Kennedale, Texas. SELF - SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self - service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. (Reason: To provide definitions that do not exist in the code.) ** *Section 307.2.2; change to read as follows: 307.2.2 Prohibited open burning. No open burning is to be allowed other than recreational. All recreational fires are to be in designated areas only. * *Section 307.3; change to read as follows: 307.3 Location. The location for recreational burning shall not be less than 50 300 feet (15 240 91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 300 feet ( 240 91 440 mm) of any structure. (exceptions unchanged) * *Section 307.4; change to read as follows: 307.4 Attendance. Recreational fires shall be constantly attended by a competent adult until the ... {remainder of section unchanged}. (Reason: Amendments to 307.2, 307.3, and 307.4 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) * *Section 308.3.1; change to read as follows: 308.3.1 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. I ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 10 \\serve r2\ktu rner\C ITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) Exceptions: 1. Single family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. (Reason: To better explain protection options.) * *Section 308.3.1.1; change to read as follows: 308.3.1.1 Liquefied - petroleum - gas - fueled cooking devices. When permitted as listed in the exceptions of Section 308.3.1, burners having an LP -gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP -gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: Single family dwellings and other residential occupancies when those residential occupancies are in compliance with Section 308.3.1, exception #2, may have containers with a water capacity not greater than 20 pounds (9.08 kg) [nominal 1 pound (0.454 kg ) LP -gas capacityl. (Reason: Clarification and defines container size residences are allowed.) ** *Section 405.1; change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in S 40 Table 405.2 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. (Reason: To correct the discrepancy between general and specific requirements.) ** *Section 408.5.4; change to read as follows: 408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least s�X twelve times per year, two four times per year on each shift. (Reason: Due to the turn over in staff, twelve drills per year are necessary for procedural familiarity. This amendment is in line with Table 405.2) * *Section 503.1.1; add the following sentence to the first paragraph: Except for single- or two - family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. (Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide enough for fire fighter access.) ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 11 \ \server2 \kturner \CITY COUNCIL\ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) "Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 43 foot 6 inch (^ 11 5 n'n'.` 14 feet (4267 mm). Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. 'Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in fire fighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.) "Section 503.3; change to read as follows: 503.3 Marking. Where - required -b fire GE)d8 effiGial, appr o`oea Approved striping or, when allowed by the code official, signs or both, nr other approved nn shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs eon tiGes and striping shall be maintained in a clean and legible condition at all times and is replaced or repaired when necessary to provide adequate visibility. 1) Striaina — Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6 ") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4 ") white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the stripping shall be on the vertical face of the curb. 2) Sians — Sians shall read "NO PARKING FIRE LA or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet six inches (66 ") above finished grade. Signs shall be spaced not more than fiftv feet (50) apart. Signs may be installed on perm buildings or walls or as approved by the Fire Chief. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 12 C: \Documents and Settings\mmcmurray \Desktop \Mike 2006 municipal codes (2).doc (7/29/2005) (Reason: Establishes a standard method of marking.) "Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. (Reason: As originally worded, 'it implied that vehicles could be parked in the marked fire lane and not be in violation if the minimum width is still maintained. Current accepted enforcement practice is to require the entire marked fire lane to be maintained clear and unobstructed.) 504.4 Attic /Equipment Access. The minimum attic or equipment access area required shall be 900 square inches in commercial occupancies. This will be marked "ATTIC ACCESS" or :EQUIPMENT ACCESS" in a minimum of 1" contrasting lettering Section 505.5; change to read as follows: 508.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 508.5.1 through 508.5 508.5.7 Add Section 505.5.7 to read as follows: 508.5.7 Additional requirements. The following additional requirements shall apply to fire hydrants: (1) A "Storz" quick connect butterfly adapter shall be installed on the 4 Y/" steamer connection on all new fire hydrants and hydrants that serve that new development and /or building. (2) All new hydrants or hydrants that serve a development or building will be hand painted with a glossy red paint of commercial or industrial guality. The quick connect adapter will not be painted. (3) A blue reflector will be installed in the center of street or fire lane directly across from the hydrant steamer. A permanent epoxy type adhesive or similar product shall be used to adhere the reflector to the pavement. (4) All such adapters, reflectors, adhesive, paint, labor and installation shall be purchased at the developer's expense. "Section 704.1; change to read as follows: F ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 13 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11107/2008) 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be ... (remainder of section unchanged). (Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to be used to reduce higher protection levels that were required when originally constructed.) ** Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. (Reason: This change allows an increase in wall coverage due to the presence of sprinklers.) * *Section 804.1.1; add a second exception to read as follows: Exceptions: 1. (existing exception unchanged) 2. Trees shall not be prohibited inside private dwelling units of Group R -2 Occupancies. (Reason: Eliminates rule for private dwelling space.) * *Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. (Reason: Gives Fire Chief more discretion. Requires adoption of definition amendment in Section 202.) * *Section 902.1; under "Standpipe, Types of" definition, amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. (Reason: Corresponds with Section 905.2 recommended amendment.) ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 14 \\serve r2\ktu rner\C ITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) ** *Section 903.2; delete the exception. (Reason: These areas pose a fire risk to the structural integrity of the building.) 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. Notwithstanding any provision in any other subsection of this section 903, the following shall be required: (1) All new buildings using construction types classified as combustible with a floor area greater than 6,000 square feet and buildings classified 100% as non - combustible construction with a floor area greater than 12,000 square feet shall have 100% automatic sprinkler coverage unless a more stringent requirement is specified in section 903 of the 2006 International Fire Code. Anv buildina of less than 6.000 square feet (combustible lu nnncfri infinn nr 10 nn) crn innn fccf if l nr)0/ nnnnnmhi icfihlc nnncfn infirm% KI sections, new and old, regardless of the square footage. (2) All new single family residential buildings in excess of 6000 square foot shall have a residential sprinkler system. Any remodeling, addition, or expansion of any residential building with a sprinkler system involving greater than 25% of the existing square footage requires retrofitting of 100% of all square footage, new and old. Remodeling, addition, or expansion of a residential building that now exceeds 6000 square feet shall require a 100% residential sprinkler system to be installed. (3) All new multi - family, (two or more), residential occupancies require an automatic sprinkler system. Any remodeling, addition to, or expansion of a multi - family building involving greater than 25% of the existing square footage shall require retrofitting of 100% of all square footage, new and old. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 15 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) *Add Section 903.2.3.3 to read as follows: 903.2.8.3 Self- service storage facility. An automatic sprinkler system shall be installed throughout all self - service storage facilities. Exception: One -story self - service storage facilities that have no interior corridors, with a one -hour fire barrier separation wall installed between every storage compartment. (Reason: Consistent with unamended IBC.) 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located 35 feet or more above the lowest level of fire department vehicle access. Exception: 1. Airport control towers. 2. —Open parking structures in compliance with Section 406.3 3. Occupancies in Group F -2. "Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be required in the following rooms or areas where such ... (bulk of section unchanged) . . . because it is damp, of fire - resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms under the direct control of a public utility, separated from the remainder of the building by walls and floor /ceiling or roof /ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. Water suaDly as reauired for such systems shall be Drovided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 -psi safety factor. (Reason: To define uniform safety factor.) ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 16 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) "Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. NO (Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.) F. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 17 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc,(11 /07/2008) * *�4dd Section 903.6.2 to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire - extinguishing system in accordance with Section 1504. (Reason: Consistent with amendment to IFC 1504.) "Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psis and a maximum of 40 -psig - air pressure with a high /low alarm. (Reason: To define manual dry standpipe supervision requirements.) Section 905.3 Required Installations. Standpipe systems shall be installed where required by sections 905.3.1 through 905.3.6 and in the locations indicated in Sections 905.4, 905.5 and 905.6 and /or where required by the Fire Marshal. , " *Section 905.3.2; delete exceptions #1 and #2. (Reason: Reflects local practice.) "Section 905.4, item #5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope), each standpipe shall be provided with a two-way hose connection located either. . . {remainder of paragraph unchanged} ... (Reason: Clarity.) *'"Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.) Section 906.3 Size and distribution. Add: a minimum of two extinguishers shall be required for all commercial occupancies. 91 ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 18 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. (Reason: Consistent with local practice.) "Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems.) "Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system 1.1. Residential In -Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) (Reason: Consistent with Texas State laws concerning day care facility requirements.) 907.2.12 High -rise buildings. Buildings having any floors used for human occupancy located more than 35 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communications system in accordance with Section 907.2.12.2. (Reason: To correct definition of high -rise for Option B jurisdictions.) ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 19 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) * *Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the International Building Code when used for open air seating; however, this exception does not apply to accessory uses including but not limited to skyboxes, restaurants and similarly enclosed areas. (Reason: To indicate that enclosed areas within open air seating type occupancies are not excepted from automatic fire alarm system requirements.) * *Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. (Reason: Consistent with local requirements.) ** Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm- actuating or alarm - indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return loops. IDC — Class "A" style — D — SLC Class "A" Style 6 — notification Class "B" Style Y. (Reason: To provide uniformity in system specifications and guidance to design engineers.) * *Section 907.9.2; change to read as follows: 907.9.2 High -rise buildings. In buildings that have any floor located more than 35 feet above the ... {remainder of section unchanged}. (Reason: Correct definition of high -rise for Option B jurisdictions.) ** *Section 1003.1.3.4; add criteria #7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 20 \ \server2 \kturner \CITY COUNCIL\ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) * *'Section 1008.1.8.3; change to read as follows: 1008.1.8.3 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exists: Places of detention or restraint. Double key- operated locks or keyed locks from the inside are strictly prohibited on all commercial buildings. Other locking devices may be approved on a case by case basis if; 2.1. The locking device is readily distinguishable as locked, 2.2. A readily visible durable sign is posted on the egress side on or adjacent to the door stating: -THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. The sign shall be in letters 1 inch (25mm) high on a contrasting background, 2.3. The use of the key- operated or locking device is revocable by the fire code official for due cause. (remainder of section unchanged) *Section 1016.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire - resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke- detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke - detection system shall be connected to the building's fire alarm system where such a system is provided. (Reason: Consistent with regional amendment to IBC 1016. 1.) *Section 1019.1.8; change to read as follows: 1019.1.8 Smoke proof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 35 feet above the lowest level of fire . . . {remainder of section unchanged}. (Reason: Correct definition of high -rise for Option B jurisdictions.) R- - 1504.6 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire - extinguishing system ... [remainder of section unchanged) ... (Reason: Consistent protection in all spray booths.) F ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 21 \\serve r2\ktu rner\C ITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) * *Section 2302; add a second paragraph to the definition of "High -Piled Combustible Storage" to read as follows: Any building exceeding 6,000 sq.ft. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high -piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. (Reason: To provide protection for worst -case scenario in flexible or unknown situations.) * *Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided permitted in Section 3304 and 3308 2. ManufaGture, assembly and testing of fire I irmitted in SeGteen 3304. &—The use of fireworks for approved display as permitted in Section 3308. 4 .Th,pp Gens imor fiFewerk . (Reason: Restricts to approved displays, which is consistent with local practice ** *Section 3302; change the definition of "fireworks" to read as follows: FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, and detonation, and /or activated by ignition with a match or other heat producing device that meets the definition of 1 AG fireworks or 1.3G fireworks as set forth herein. (Reason: Increased safety from fireworks related injuries.) An approved method of secondary containment shall be provided for underground tank and piping systems. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 22 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) * *Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and rehabilitation difficulty in underground applications.) * *Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems ... [bulk of provision unchanged) ... and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. (Reason: Reference to Section 3404.2.11.5.3 amendment.) * *Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. (Reason: Provides an economical means of checking potential leaks at each tank site.) * *Delete Section 3406.5.4.5 and replace with the following: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildings, structures, and appurtenances on site and their use or function; b. all uses adjacent to the property lines of the site; c. the locations of all storm drain openings, adjacent waterways or wetlands; d. information regarding slope, natural drainage, curbing, impounding and how a ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 23 \\serve r2\ktu rner\C ITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) spill will be retained upon the site property; and, e. The scale of the site Dlan. 3. The Code Official is authorized to impose limits upon: the times and /or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the p ublic. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling Operator Requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:13C shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7. Absorbent materials, non -water absorbent pads, a 10 -foot (3.048 m) long containment boom, an approved container with lid, and a non - metallic shovel shall be provided to mitigate a minimum 5- gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -back switch, limiting the amount of a single fueling operation to a maximum of 500 alq Ions (1893 L) between resettings of the limit switch. Exception: Tankers utilizing remote emergency shut -off device capability where the operator constantly carries the shut -off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. 10.Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 24 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) 3406.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Nighttime fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. (Reason: Provides clarity and organization of the site, operation and use requirements.) * *Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP -Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20 -pound (9.0 W water capacity. Aggregate capacity shall not exceed 60- pound (27.2 W water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP -Gas containers in these situations.) im 11 1 - I�Iyypiqi�; 111 11111 � 11111 11 ! Exceptions: 1. (existing exception unchanged) 2. Except as permitted in 308.3 and 3804.3.2, LP -gas containers are not permitted in residential areas. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP -Gas containers. References regional amendment to IFC 3804.3.2.) ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 25 \ \server2 \kturner \CITY COUNCIL\ORDINANCES\2008 Ordinances \Ordinance No. , Building Codes.doc (11/07/2008) / • -. • 3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available LP -Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed 250 - gallon water capacity. See Table 3804.3 for location of containers. (Reason: Allows for an alternate fuel source.) AMC F ORDINANCE ADOPTING 2006 INTERNATIONAL CODES Page 26 \ \server2 \kturner \CITY COUNCIL \ORDINANCES\2008 Ordinances \Ordinance No. Building Codes.doc (11/07/2008) CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -q MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT N FOLLOW UP: FAILED To the Honorable Mayor and City Council Date: November 7, 2008 Agenda Item No: VII -q Subject: Review and consider action to appoint two alternates to the Building Board of Appeals. Originated by: Kathy Turner, City Secretary Summary: Currently the Building Board of Appeals has alternate positions vacant (Place 6 and 7). Applications on file are attached for your review. Recommended Motion: Council will need to appoint an applicant to serve in Alternate Position 6 for a two year term to expire in June 2010, and appoint an applicant to serve in Alternate Position 7 for a one year term to expire in June 2009. Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -q MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO FAILED FOLLOW UP: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -r MOTION: COUNCIL MEMBERS MOTIqK SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED 0 0- � CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: C�� z�icradc�<i T - "04. �� Wy. • - • - TI Agenda Item o: VII -r Subject; Review and consider Resolution No. 270 creating the City of Kennedale Arts & Market Committee Originated by: Bob Hart Summary: Earlier this year the City Council informally indicated an interest in creating an Arts & Market Committee. The committee intends to conduct an Arts & Market Festival tentatively planned for March 2010. The resolution authorizes the creation of a committee, appointment of members to the committee, and provides $1000 in seed funding for the planning of this effort. Because the committee is a direct program provided by the City of Kennedale, donations to the committee are tax exempt. Recommendations: City Staff recommends approval of the attached resolution RESOLUTION NO. 270 A RESOLUTION CREATING THE CITY OF KENNEDALE ARTS AND MARKET COMMITTEE, AUTHORIZING FUNDING, AND MAKING APPOINTMENTS. WHEREAS, the citizens of Kennedale are engaged in planning for an arts and market festival; and WHEREAS, the City of Kennedale has the desire to promote the Arts and Market Festival; and WHEREAS, it is desirable for the City of Kennedale to join with the community to conduct the Arts and Market Festival, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1. An Arts and Market Festival Committee is hereby created for the purpose of conducting the City of Kennedale Arts and Market Festival during the fall of 2009 or the Spring of 2010. The following persons are hereby appointed to serve on the Arts and market Festival Committee: Felipe Gutierrez, Chair Lori Bryan, Co -Chair Jeremy King Connie Alires Christy Borah Rebecca Mowell $1000 is hereby appropriated as seed money for the festival planning efforts. Further, city staff is hereby authorized to provide financial record keeping assistance for the festival. All checks requested from the committee shall require approval of the chair and co -chair and shall be in conformance with the City's purchasing policies. L ei A A I •' WHEREAS, the citizens of Kennedale are engaged in planning for an arts and market festival; and WHEREAS, the City of Kennedale has the desire to promote the Arts and Market Festival; and WHEREAS, it is desirable for the City of Kennedale to join with the community to conduct the Arts and Market Festival. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: I . An Arts and Market Festival Committee is hereby created for the purpose of conducting the City of Kennedale Arts and Market Festival during the fall of 2009 or the Spring of 2010. The following persons are hereby appointed to serve on the Arts and market Festival Committee: $1000 is hereby appropriated as seed money for the festival planning efforts. Further, city staff is hereby authorized to provide financial record keeping assistance for the festival. All checks requested from the committee shall require approval of the chair and co -chair and shall be in conformance with the City's purchasing policies. 0 The committee shall work for and report to the City Manager, or his designee. The city staff shall commit staff necessary to carry out the festival, including set -up, clean -up, and security. Further, the city shall make available for the festival city properties including TownCenter Plaza Park, city hall, and the community center. PRESENTED AND PASSED on this the 13 day of November, 2008, by a vote of ayes and nays at a regular meeting of the City Council of the City of Kennedale, Texas. Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney (2) The committee shall work for and report to the City Manager, or his designee. The city staff shall commit staff necessary to carry out the festival, including set -up, clean -up, and security. Further, the city shall make available for the festival city properties including TownCenter Plaza Park, city hall, and the community center. PRESENTED AND of ayes and _ Kennedale, Texas. PASSED on this the 13 day of November, 2008, by a vote _ nays at a regular meeting of the City Council of the City of ryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney I (2) CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 REGULAR ITEMS: ITEM NUMBER: VII -s MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN oe TURNER ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: q+.� /',akvy �a.� =..e ✓t�.,oye�a,�.�.� (4z, CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 13, 2008 r RECESS INTO EXECUTIVE SESSION: ` PM RECONVENE INTO OPEN SESSION: PM REGULAR ITEMS: ITEM NUMBER: VIII a — b & IX MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: CARRIED FAILED CITY SECRETARY'S FOLLOW UP: Date: November 7, 2008 Agenda Item No: VIII Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and advice on noise regulations and regulation of sexually oriented businesses. 1. Allied Waste Systems, Inc. v. City of Fort Worth 2. Amicus brief in City of Mesquite v. PKG Contracting, Inc. and State v. Chacon 3. Proposed alignment of Bowman Springs Road b. 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 for the following: 1. Expansion of Sonora Park 2. Oak Crest Properties a Date: November 7, 2008 Subject: Reconvene into open session. Originated by: Kathy Turner, City Secretary Summary: City Council met in executive session pursuant to Section 551.071, and Section 551.072 of the Texas Local Government Code. City Council will reconvene into open session, and take action necessary pursuant to executive session, including but not limited to: Approval of resolution authorizing obtaining a court order to conduct a survey and perform an appraisal for the proposed alignment of Bowman Springs Road. Recommendation: • • • • 0 • •,ql • WHEREAS, the City of Kennedale is in the process of determining a location for the possible realignment and /or extension of Bowman Springs Road for the benefit of the citizens of the City of Kennedale; and WHEREAS, the City has identified a proposed right of way alignment across certain properties that might be suitable for purchase for the extension of Bowman Springs Road; and WHEREAS, it is necessary for the City to determine if the proposed alignment is acceptable and if so to make a good faith offer to purchase property before it may proceed to acquire property through eminent domain proceedings; and WHEREAS, it is necessary for the City to obtain a survey and appraisal of property to collect information to formulate a good faith offer to purchase property; and WHEREAS, New Millennium Ministries, Inc., d /b /a Tabernacle of Praise of Arlington is the apparent owner of property or properties located within the proposed alignment of Bowman Springs Road, said properties being located at Lot 10A, Block 1, Woodlea Acres, locally known as 929 Bowman Springs Road; and WHEREAS, the property owner has denied the City access to the property for the purposes of surveying, appraising, and examining the property Millennium determine the extent to which it may be suitable for the extension of Bowman Springs Road in the City of Kennedale; and WHEREAS, the city council now deems it necessary to authorize the City Attorney to bring a civil action for the purpose of obtaining a court order permitting the City to enter the property or properties owned by New Millennium Ministries, Inc., d /b /a Tabernacle of Praise of Arlington, to conduct a survey, perform an appraisal, and determine the suitable nature of the property for the extension of Bowman Springs Road in the City of Kennedale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: WAKennedale\RESOLUTREntry for SurveyAppraisal.Bowman Springs.wpd Page 1 The city attorney is hereby authorized to bring a civil action for the purpose of obtaining a court order permitting the City to enter properties owned by New Millennium Ministries, Inc., d /b /a Tabernacle of Praise of Arlington, to conduct a survey, perform an appraisal, and determine the suitable nature of the properties for the extension of Bowman Springs Road in the City of Kennedale. PASSED, APPROVED and EFFECTIVE this day of .1 2008. Mayor, City of Kennedale ATTEST: City Secretary E WAKennedale \RESOLUTI \Entry for SurveyAppraisal. Bowman Springs.wpd Page 2