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02.12.2009 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 12 day of February 2009 in the Council Chambers, Kennedale Municipal Building, 405 Municipal Drive, Kennedale, Texas at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED NOTICE) Dated this 9 1h day of February 2009. 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 February 9, 2009 at 4:00 P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the City Secretary's Office at (817) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be made. Dated this the 9 th day of February 2009. Kathy Turner, TRMC City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: FEBRUARY 12, 2009 START TIME: t � PM END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LAN KHORST MAYOR PRO TEM �. JOHN CLARK CO U NCILMEMBER BRIAN JOHNSON COU NCILMEMBER JERRY MILLER COUNCILMEMBER KELLY TURNER COU NCILMEMBER 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 SAKURA MOTEN - DEDRICK DIR. PUBLIC WORKS LARRY LEDBETTER CODE ENFORCEMENT GLEN GREENWOOD BUILDING OFFICIAL JAMES COWEY CITY OF fCE/V/VE0,4LE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — FEBRUARY 12, 2009 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. 1 �. CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Discussion on Independent Auditors Reports for year ended September 30, 2008; b. Discussion on Bowman Springs Road; C. Discussion on Tax Increment Finance (TIF); d. Discuss and review any item on the agenda, if needed. II. 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. PRESENTATION(S) a. Events Task Force Committee Member, Paige Conley will make a presentation regarding future events proposed by the committee. b. Presentation regarding proposed Arts Festival. a. City Manager 1. Independence Day Activities 2. Schedule Strategic Plan Workshop 3. Introduction of KHS Youth Advisory Committee Page 1 of 4 1VINNIN lTcfy ►Yr HD10 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 January 8, 2009. b. Approval of Independent Audit Report for year ended September 30, 2008. C. Approval of Racial Profiling Report. d. Approval of an Ordinance establishing "No Parking Zone" at James F. Delaney. e. Approval of an Ordinance amending credit card payment processing fee. f. Approval of a Resolution considering an Alternative Ratemaking Methodologies, PUC Project No. 36358. g. Approval of a Resolution supporting local option fees and taxes to fund transportation including Rail North Texas. h. Approval of a Resolution calling for a General Election to be held on May 9, 2009; approving a joint election with Tarrant County; and establishing procedures for that election. Approval to authorize the City Manager to sign amendment to the D. Love Gas Unit Memorandum to accommodate the change to Paragraph No. 6(d) of the lease increasing the size of a unit pooled for gas to not substantially exceed in area 450 acres. VIII. REGULAR ITEMS j. Public Hearing, Review and Consider Action to approve a Resolution approving the 35 year Community Development Block Grant (CDBG) Project, and pledging required funding. Grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate - income neighborhoods. 1. Staff Presentation 2. Public Hearing 3. Staff Response 4. Action on Resolution k. Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 08 -26 and Case # PZ 08 -27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest Crossing Addition from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case # PZ 08 -26 Block 1, Lot 3, Southwest Crossing Addition. Physical address is 4900 US 287 Hwy. Case #PZ 08 -27 Block 1, Lot 4, Southwest Crossing Addition. Physical address is 4970 US 287 Hwy. Page 2 of 4 I . Staff Presentation of Case 2. Public Hearing 3. Staff Response and Summary of Case 4. Action on Case Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 09 -01 a zone change request for properties within the City of Kennedale being approximately 11.1 acres out of the Jesse Russell Addition, Abstract 1361, Tracts 11, 11A, I IA 1, and 12 from that of "R -3" Single Family Residential District to that of "C -2" General Commercial. Request made by Thomas S. Mackie on behalf of RPC Industrial. Case #PZ 09 -01 Abstract 1361, Tracts 11, 11A, 11At, and 12, Jesse Russell Survey. Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway. 1. Staff Presentation of Case 2. Public Hearing 3. Staff Response and Summary of Case 4. Action on Case m. Public Hearing, Review and Consider Action to approve an Ordinance for Case # PZ 09 -02 to Case # PZ 09 -15, city initiated zone change to change the zoning classification of certain properties within the City of Kennedale being approximately 18.58 acres out of the Jesse Russell Survey, Abstract 1361, and Block 1, Lot 4, Jesse Russell Addition from that of "C- 2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -02 Abstract 1361, Tract 9A04, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. Case #PZ 09 -03 Abstract 1361, Tract 9A06, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. Case #PZ 09 -04 Abstract 1361, Tract 9A07, Jesse Russell Survey. Case #PZ 09 -05 Abstract 1361, Tract 9A, Jesse Russell Survey. Physical address is 6875 Mansfield Cardinal Rd. Case #PZ 09 -06 Abstract 1361, Tract 9A03, Jesse Russell Survey. Physical address is 6895 Mansfield Cardinal Rd. Case #PZ 09 -07 Block 1, Lot 4, Jesse Russell Addition. Physical address is 6901 Mansfield Cardinal Rd. Case #PZ 09 -08 Abstract 1361, Tract 9A05, Jesse Russell Survey. Physical address is 5900 Eden Rd. East Case #PZ 09 -09 Abstract 1361, Tract 9A01, Jesse Russell Survey. Case #PZ 09 -10 Abstract 1361, Tract 91701, Jesse Russell Survey. Physical address is 5840 Eden Rd. East Case #PZ 09 -11 Abstract 1361, Tract 91701A, Jesse Russell Survey. Physical address is 8040 Eden Tap Rd. Case #PZ 09 -12 Abstract 1361, Tract 9F, Jesse Russell Survey. Physical address is 5869 Eden Rd. East Page 3 of 4 Case #PZ 09 -13 Abstract 1361, Tract 9D02, Jesse Russell Survey. Physical address is 5844 Eden Rd. East Case #PZ 09 -14 Abstract 1361, Tract 9D01, Jesse Russell Survey. Physical address is 5640 Eden Rd. East Case #PZ 09 -15 Abstract 1361, Tract 9D, Jesse Russell Survey. Physical address is 5844 Eden Rd. East 1, Staff Presentation of Case 2. Public Hearing 3. Staff Response and Summary of Case 4. Action on Case n. Review and consider action to approve a rate adjustment for solid waste collection by IESI TX Corporation. 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. 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. TownCenter Development 3. New Hope Road properties. 4. Kennedale Parkway properties. X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARI PURSUANT O EXECUTIVE SESSION, IF NEEDED. Page 4 of 4 Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: 1. a -d Subject: Work Session Originated by : Bob Hart, City Manager Summary: Work Session a. Discussion on Indpendent Auditors Report for year ended September 30, 2008; b. Discussion on Bowman Springs Road; c. Discussion on Tax Increment Finance (TIF); and d. Discuss and review any item on the agenda, if needed. Recommendation: r� • PTKC. IV4 • PATTILLO, BROWN & HILL,L.L.P. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS To the Honorable Mayor, City Council and City Manager City of Kennedale, Texas We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Kennedale, Texas for the year ended September 30, 2008, and have issued our report thereon dated February 12, 2009. Professional standards require that we provide you with the following information related to our audit. Our Responsibilities under U. S. Generally Accepted Auditing Standards and OMB Circular A -133 As stated in our engagement letter dated November 20, 2008, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U. S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide assurance on the internal control over financial reporting. As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City's compliance with those requirements. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2008. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. 115 SOUTH CHURCH STREET ■ HILLSBORO, TX 76645 ■ (254) 582 -2583 ■ FAX: (254) 582 -5731 ■ www.pbhcpa.com AFFILIATE OFFICES: WACO, TX (254) 7724901 ■ BROWNSVILLE, TX (956) 544 -7778 TEMPLE, TX (254) 791 -3460 ■ ALBUQUERQUE, NM (505) 266 -5904 Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements include management's estimate of uncollectible accounts and accumulated depreciation. We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated February 12, 2009, Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no sUh consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the. City Council and management of the City of Kennedale, Texas, and is not intended to be and should not be used by anyone other than these specified parties. AX& ' / V /4 vv h. �. I February 12, 2009 r,,,� �, la IS N i I COMPREHENSIVE ANNUAL FINANCIAL REPORT CITY OF KENNEDALE, TEXAS YEAR ENDED SEPTEMBER 1 2008 Prepared by: Department of Finance CITY OF KENNEDALE, TEXAS TABLE OF CONTENTS SEPTEMBER 30, 2008 Page Number INTRODUCTORY SECTION Letterof Transmittal ...................................................................... ............................... i — vi GFOA Certificate of Achievement ................................................ ............................... vii OrganizationalChart ...................................................................... ............................... viii PrincipalCity Officials .................................................................. ............................... ix FINANCIAL SECTION -Independent Auditors' Report. .................................................................................... 1-2 Management's Discussion and Analysis ....................................... ............................... 3— 11 Basic Financial Statements Government -wide Financial Statements Statementof Net Assets ........................................................... ............................... 12 Statementof Activities ............................................................. ............................... 13-14 Fund Financial Statements Balance Sheet — Governmental Funds ..................................... ............................... 15 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds ................................. ............................... 16 (continued) CITY OF KENNEDALE, TEXAS TABLE OF CONTENTS (Continued) SEPTEMBER 30, 2007 Page Number FINANCIAL SECTION (Continued) Fund Financial Statements (Continued) Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statementof Activities .......................................................... ............................... 17 Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — General Fund ............. ............................... 18 Statement of Net Assets — Proprietary Fund ............................ ............................... 19 Statement of Revenues, Expenses and Changes in Fund Net Assets — Proprietary Fund ........................... .:....................................... 20 Statement of Cash Flows — Proprietary Fund .......................... ............................... 21 Notes to Financial Statements ..................................................... ............................... 22-44 Combining Fund Statements and Schedules Nonmajor Governmental Funds Combining Balance Sheet ........................................................ ............................... 45-46 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .................................................... ............................... 47-48 Nonmajor Debt Service Fund Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ..................................... ............................... 49 (continued) CITY OF KENNEDALE, TEXAS TABLE OF CONTENTS (Continued) SEPTEMBER 30, 2007 Table Page Number Number STATISTICAL SECTION (Unaudited) Net Assets By Component .............................................. ............................... 1 50 Change In Net Assets ...................................................... ............................... 2 51 -52 Fund Balances Governmental Funds .............................. ............................... 3 53 Changes In Fund Balances Governmental Funds ........... ............................... 4 54-55 Assessed Value and Estimated Actual Value of Taxable Property ............ 5 56 Direct and Overlapping Property Tax Rates ................... ............................... 6 57 Principal Property Taxpayers .......................................... ............................... 7 58 Property Tax Levies And Collections ............................. ............................... 8 59 Ratios Of Outstanding Debt By Type ............................. ............................... 9 60 Ratios Of General Bonded Debt Outstanding ................. ............................... 10 61 Direct And Overlapping Governmental Activities Debt ............................... 11 62 Legal Debt Margin Information ...................................... ............................... 12 63 Pledged Revenue Coverage ............................................ ............................... 13 64 Demographic And Economic Statistics .......................... ............................... 14 65 PrincipalEmployers ......................... ............................... Fulltime Equivalent City Government Employees By Function ............... 16 67 Operating Indicators By Function ................... ............................... 17 68 Capital Asset Statistics By Function / Program ..... ............................... 18 69 i RBMM EQALE 405 Municipal Drive, Kennedale TX 76060 Pli: (817) 4711 -5418 ivivw.cityofkennedale.cotit February 12, 2009 Honorable Mayor and City Council, Citizens of Kennedale: The City of Kennedale (the "City ") Financial Management Policies requires that the City's Finance Department prepare a complete set of financial statements presented in conformity with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. Accordingly, the Comprehensive Annual Financial Report for the City of Kennedale, Texas for the fiscal year ended September 30, 2008, is hereby issued. This report consists of management's representations concerning the finances of the City. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. To provide a reasonable basis for making representations, the City has established a comprehensive internal control framework that is designed both to protect the City's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City's financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City's comprehensive framework of internal controls has y _ been designed to provide reasonable, rather that absolute, assurance that the financial statements will be free from material misstatements. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City's financial statements have been audited by Pattillo, Brown and Hill LLP, Independent Certified Public Accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the fiscal year ended September 30, 2008, are free of material misstatements. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the City's financial statements for the fiscal year ended September 30, 2008, are fairly presented in conformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of a Management's Discussion and Analysis (MD &A). The letter of transmittal is designed to complement the MD &A and should be read in conjunction with it. The City's MD &A can be found immediately following the report of the independent auditor. PROFILE OF THE GOVERNMENT The City of Kennedale was incorporated in 1947. The City of Kennedale is located at the apex of the southeast corner of Fort Worth and the southwest border of Arlington in south Tarrant County. The City currently occupies a land area of 7 square miles and serves a population of 6,450. The City is empowered to levy property tax on both real and business personal properties located within its boundaries. It also is empowered by state statute to extend *its corporate limits by annexation, which occurs periodically, when deemed appropriate by the governing council. The City operates under a Council /Manager form of government with a City Council comprised of the Mayor and five Councilmembers. The term of office is two years with the terms of the Mayor and two of the Councilmembers' terms expiring in even - numbered years and the other terms of the three Councilmembers expiring in odd - numbered years. The City Council is responsible for enacting ordinances, resolutions, and regulations governing the City, as well as appointing the members of various statutory and advisory boards, the City Manager, City Secretary, and Municipal Judges. The City Manager is the chief administrative officer of the government and is responsible for the enforcement of laws and ordinances, the appointment and supervision of the executive directors, and heads of departments, and the performance of functions within the municipal organization. The City of Kennedale provides a full range of services including police, fire, emergency ambulance service, municipal court, library, parks, recreation, water, sewer, refuse collection and disposal, streets and infrastructure, community development (planning and zoning), public improvements, and general administrative services. The financial reporting entity (the government) includes all funds of the primary government (i.e., the City of Kennedale as legally defined), as well as all of its component units. Component units are legally separate entities for which the primary government is financially accountable. Discretely presented component units are legally separate entities and not part of the primary government's operations. The Kennedale Economic Development Corporation (KEDC) is included in the financial statements as a discretely presented component unit. ii FACTORS AFFECTING FINANCIAL CONDITION The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the City of Kennedale operates. Local Economy. After an' election in July of 1947, the Town of Kennedale was incorporated with a population of 300 people. By 1950, the population had increased to 500 residents and a petition to the State of Texas was approved which changed the Township into a recognized City. Kennedale is becoming one of Tarrant County's fastest growing cities. Fronted by the major highways of I -20 and 287, the City provides an excellent location for major retail and professional businesses. This transportation corridor provides quick and easy access to the Dallas /Fort Worth Intercontinental Airport, downtown Fort Worth just 15 minutes to the west, and downtown Dallas just 20 -25 minutes to the east. Furthermore, the City of Kennedale is within just a short drive to major entertainment venues including, but not limited to, Six Flags over Texas, Hurricane Harbor, Texas Motor Speedway, the Ballpark at Arlington, home of the Texas Rangers baseball team, and soon to be home of the Dallas Cowboys football team. Kennedale has experienced steady population growth in the last decade. Beautiful Village Creek slowly winds through the City and provides a tranquil feeling throughout the community. Current and future subdivisions are designed on oversized lots, which result in spacious residential areas that compliment the coveted rural setting. Currently, the City is approximately 7 square miles with the vast majority of this land undeveloped. This allows for selective locations for the incoming developments and pulls the citizen away from the crowds and traffic congestion of a major metropolitan city. As the economy continues to grow and expand into North Texas, Kennedale will be the leading choice for businesses and families alike. The Kennedale Economic Development Corporation (KEDC) was formed in 1996 to spearhead the anticipated growth of the City. The 1 is funded by a voter approved, half cent sales tax, which is used to offer grants and other economic incentives to existing and new businesses. The KEDC has successfully upgraded and improved the infrastructure of the City in preparation for commercial and retail businesses locating in p Kennedale. With a vision in mind for the future, the KEDC recently teamed with the University of Texas at Arlington for a comprehensive redevelopment plan that is geared toward establishing a TownCenter atmosphere. The plan was presented to the Economic Development Board and to the City Council. Currently, this redevelopment plan serves as a guide for a comprehensive and detailed plan for the much anticipated Town Square. lll Accounting System and Budgetary Control. The City's accounting records for general government operations are maintained on a modified accrual basis, with the revenues being recorded when available and measurable and expenditures being recorded when the services or goods are received and the liabilities incurred. Accounting records for the City's utilities are maintained on the accrual basis. In developing and maintaining the City's accounting system, consideration is given to the adequacy of the internal control structure. Internal accounting controls are designed to provide reasonable, but not absolute, assurance regarding: (1) the safeguarding of assets against loss from unauthorized use or disposition; and (2) the reliability of financial records for preparing financial statements and maintaining accountability of assets. The concepts of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the evaluation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. We believe that the City's internal controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. The annual budget serves as the foundation for the City of Kennedale's financial planning and control. All agencies of the City of Kennedale are required to submit requests for appropriation to the City Manager on or before June of each year. These requests are used to develop a proposed budget.. The proposed budget is then presented to the City Council for review on or before August. The City Council is required to hold public hearings on the proposed budget and to adopt a final budget no later than September 30, the close of the City of Kennedale's fiscal year. The appropriated budget is prepared by fund, function (e.g. public safety), and department (e.g. police). Transfer of appropriations within a department and within funds may be made with approval from the City Manager. Transfers between funds or additional appropriation require the approval of the City Council. Budget -to- actual comparisons are provided in this report _for each individual governmental fund for which an appropriated annual budget has been adopted. Long -Term Financial Planning. CURRENT YEAR PROJECTS. The City of Kennedale secured a long -term water supply through a wholesale water contract with the City of Fort Worth. A 16 -inch water main was constructed to provide the water. The project was completed during the fiscal year with final acceptance of the project in early 2009. The City will maintain use of its four water wells and gradually shift to Fort Worth water as demand grows. iv The City is also working with Tarrant County and the City of Arlington to construct three major road projects: Bowman Springs Road realignment, reconstruction, and extension; Little - School Road reconstruction and extension; and the reconstruction of Sublett Road. Surveying of the projects began in late 2008 with design and right -of -way acquisiton to occur in 2009. Utility relocation and construction is planned for 2010 with completion during 2011. Bowman Springs Road will be four =lane. Little - School Road and Sublett Road will be three lanes with a landscaped median and will contain round -a -bouts at the major intersections in order to more smoothly move traffic. FUTURE PROJECTS. The City has partnered with the University of Texas @ Arlington to prepare a strategic plan — Imagine Kennedale 2015. The planning effort involves almost 50 citizens and will continue through the first half of 2009. The strategic plan will be the basis for preparing future annual operating budgets. The City is also working with the Kennedale Economic Development (EDC) Corporation to develop the Kennedale TownCenter. The development of the TownCenter is a long sought project to bring office and retail services to Kennedale. The City intends to create a Tax Increment Financing (TIF) District and a Municipal Management District (MMD) to generate public funds for the project. A development agreement with Cypress Properties, Cedar Park, Texas, is being negotiated to develop the six acre — 90,000 square feet project. The TownCenter is anticipated to take eight to ten years to complete. Similarly, the City intends to establish a TIF District to assist in the redevelopment of the Oak Crest area in anticipation of the existing sexually- oriented businesses closing and relocating from Kennedale in February 2012. Cash Management Policies and Practices. Cash temporarily idle during the year can be invested in demand deposits and investment pools. The City has adopted an investment policy to further document the goals and strategy of the City's investment and cash management program. At September 30, 2008, the fair value of the City's investments totaled $14,885,982 with $6,283,882 (42.21%) in bank deposit, and $8,602,100 (57.79 %) in local government investment pools. Investment income generated for the year for all funds within the primary government was $326,202. Investment income includes appreciation in the fair value of investments. Increases in fair value during the current year, however, do not necessarily represent trends that will continue; nor is it always possible to realize such amount, especially in the case of temporary changes in fair value of investments that the City intends to hold to maturity. Risk Management. The City participates 'in the Texas Municipal League Risk Pool ( "TML ").for general liability, property; workers' compensation and crime insurance. The City has various deductible amounts ranging from $500 to $5,000 on various policies. Claims over the self- insured deductibles are covered by TML. V AWARDS AND ACKNOWLEDGEMENTS Awards. The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Kennedale for its CAFR for the fiscal year ended September 30, 2007. This was the third consecutive year that the government has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe our current CAFR continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. Acknowledgments. The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the Finance Department and our independent auditors. We would like to express our sincere appreciation to those persons who have made possible the publication of this report. We would also like to thank the mayor and the members of the City Council for their support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully Submitted, Bob Hart Sakura Moten- Dedrick City Manager Director of Finance A Certificate of Achievement for Excellence in Financial Reporting Presented to City of Kennedale Texas For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 200'7 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting, Vii Citizens of Kennedale Mayor and City Council l { City f Planning & City Manager Municipal Park Deva Board of Library EDC Board ,, City Attorney y Secretary Zoning Court Judge .,, Board ., Adjustment Board Senior Economic Human Water /Sewer& Citizens Dev. Resources Planning Finance Police Fire Library Streets Center Permits Accountin Warrant Accounts Services EMS Payable Dispatch/ Records Viii CITY OF KENNEDALE, TEXAS PRINCIPAL OFFICIALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 ELECTED OFFICIALS Mayor Council Member /Mayor Pro Tern Council Member Council Member Council Member Council Member APPOINTED OFFICIALS City Manager Director -of Finance Police Chief City Secretary Director of Economic Development Bryan Lankhorst John Clark David Green Brian Johnson Kelly Turner Jerry Miller Bob Hart Sakura Moten - Dedrick Thomas Williams Kathy Turner Mike. Soab ix THIS PAGE LEFT BLANK INTENTIONALLY FINANCIAL SECTION THIS PAGE LEFT BLANK INTENTIONALLY pff z l hKllh%,� PATTILLO, BROWN & HILL ,L.L.P. CERTIFIED PUBLIC ACCOUNTANTS ■ BUSINESS CONSULTANTS INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor, City Council and City Manager City of Kennedale, Texas We have audited the accompanying financial statements of the governmental activities, the business -type activities,. the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Kennedale, Texas as of and for the year ended September 30, 2008, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Kennedale Texas as of September 30, 2008, and the respective changes in financial position and cash flows, and where applicable, the budgetary comparison for the General Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. The management's discussion and analysis on pages 3 through 11 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. f 4- 115 SOUTH CHURCH STREET ■ HILLSBORO, TX 76645 ■ (254) 582 -2583 ■ FAX: (254) 582 -5731 ■ www.pbhcpa.com AFFILIATE OFFICES: WACO, TX (254) 7724901 ■ BROWNSVILLE, TX (956) 544 -7778 TEMPLE, TX (254) 791 -3460 ® ALBUQUERQUE, NM (505) 266 -5904 Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, schedules and statistical tables are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. February 12, 2009 -2- - MANAGEMENT'S DISCUSSION AND ANALYSIS THIS PAGE LEFT BLANK INTENTIONALLY MANAGEMENT'S DISCUSSION AND ANALYSIS As management of the City of Kennedale, we offer readers of the City of Kennedale financial statements, this narrative overview, and analysis of the financial activities of the City of Kennedale for the fiscal year ended September 30, 2008. We encourage readers to consider the information presented here in conjunction with additional infonnation that we have furnished in our letter of transmittal and the accompanying basic financial statements, FINANCIAL HIGHLIGHTS • The assets of the City of Kennedale exceeded its liabilities at the close of the most recent fiscal year by $27,977,646. Of this amount, $7,652,116 (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors. • The City of Kennedale's net assets increased by $241,808. This increase is approximately the same as the increase in the prior year due to an increase in operating grants and contributions on property tax revenue offset by increase general govenunent expenses. • As of the close of the current fiscal year, the City of Kenmedale's governmental funds reported combined ending fund balances of $10,726,944, an increase of $6,776,087 in comparison with the prior year. Approximately, 99.5% of this amount, $10,678,178, is available for spending at the government's discretion (unreserved fund balance). • At the end of the current fiscal year, the unreserved fund balance for the General Fund was $1,433,468 or 22.53% of total General Fund expenditures. OVERVIEW OF THE FINANCIAL STATEMENTS The discussion and analysis is intended to serve as an introduction to the City of Kennedale's basic financial statements. The City of Kennedale's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements. Government -wide financial statements. The government -wide financial statements are designed to provide readers with a broad overview of the City of Kennedale's finances, in a manner similar to a private- sector business. The statement of net assets presents information on all of the City of Kennedale's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City of Kennedale is improving or deteriorating. 3 The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in these statements for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both the statement of net assets and the statement of activities are prepared utilizing the full accrual basis of accounting. In the Statement of Net Assets and the Statement of Activities, the primary government is divided into two kinds of activities: • Governmental activities — Most of the City's basic services are reported here, including administrative, police, fire, municipal court, community development, public works, parks, senior citizen center and library. Property taxes, sales taxes, franchise fees, license and permit fees finance most of these activities. ® Business -type activities — The City charges a fee to customers to cover all or most of the cost of certain services it provides. The City's water and wastewater system and solid waste system are reported here. The government -wide financial statements include not only the City of Kennedale itself (known as the primary government), but also a legally separate economic development corporation. Financial information for this component unit is reported separately from the financial information presented for the primary government itself. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Kennedale, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. All of the funds of the City of Kennedale can be divided into two categories: governmental funds and proprietary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 4 The City of Kennedale maintains 10 individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General Fund and Capital Bond Fund, which are considered to be major funds. Data from the other 8 governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements elsewhere in this report. The City of Kennedale adopts an annual appropriated budget. for .its General Fund and Debt Service Fund. Budgetary comparison statements have been provided for the General Fund and the Debt Service Fund to demonstrate compliance with the budget. Proprietary funds. The City charges customers for the services it provides, whether to outside customers or to other units within the City. These services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Assets and the Statement of Activities. There is one type of proprietary fund: Enterprise Fund. The City's Enterprise Fund is identical to the business -type activities that are reported in the government -wide statements but provide more detail and additional information, such as cash flows, for proprietary funds. The City of Kennedale maintains one individual Enterprise Fund to account for its water and wastewater, and solid waste. This fund is considered to be a major fund of the City. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found in the financial section. Other information. The combining statements referred to earlier in connection with nonmajor governmental funds are presented immediately following the notes to the financial statements. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, over time net assets may serve as a useful indicator of a government's financial position. In the case of the City of Kennedale, assets exceeded liabilities by $27,977,646 at the close of the most recent fiscal year. By far the largest portion of the City's net assets ($20,276,764 or 72.47 %) reflects its investment in capital assets (e.g. land, building, machinery, and equipment) less any related debt used to acquire those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. 5 CITY OF ICENNEDALE'S NET ASSETS Governmental Activities Business -type Activities Activities Activities Activities Activities 2008 2007 2008 2007 Current and other assets $ 12,169,064 $ 4,885,848 Capital assets 16,516,182 16,437,147 Total assets 28,685,246 21,322,995 426,105 447,315 Long -tern liabilities 11,156,429 4,323,519 Other liabilities 1,101,071 655,3Q8 Total liabilities 12,257,500 4,978,827 Net assets: invested in capital assets, net of related debt Restricted Unrestricted 12,612,099 12,344,055 48,766 78,464 3,766,881 3,921,649 $. 4,327,630 $ 4,992,629 12,442,442 11,955,233 16,770,072 16,947, 862 45,455,318 4,794,067 5,108,877 426,105 447,315 5,220,172 5,556,192 7,664,665 6,903,231 - 924,985 3,885,235 3,563,454 Totals 2008 2007 $ 16,496,694 $ 9,878,477 28,958,624 28,392,380 45,455,318 38,270,857 15,950,496 9,432,396 1,527,176 1,102,623 17,477,672 10, 53 5,019 20,276,764 19,247,286 48,766 1,003,449 7,652,116 7,485,103 Total net assets $ _____L6,427,746 $ 16,344,168 $ 11,549,900 $ 11,391,670 $ 27,977,646 $ 27,735,838 An additional portion of the City of Kennedale's net assets ($48,766 or 0.17 %) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets ($7,652,116 or 27.35 %) may be used to meet the government's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City reported a positive balance in all three categories of net assets, both for the government as a whole, as well as for its separate governmental and business -type activities. During the current fiscal year, the City's net assets increased by $241,808. This increase represents the degree to which increases in ongoing revenues have outstripped similar increases in ongoing expenses. The key elements of this increase are increases in capital grants and contributions and property tax revenue offset by the increase in general government, interest on long -term debt and water and wastewater expenses. 6 CITY OF KENNEDALE'S CHANGES IN NET ASSETS Governmental Activities Business -type Activities Totals 2008 2007 2008 2007 2008 2007 Revenues: Program revenues: Charges for services $ 1,225,316 $ 1,262,149 $ 2,585,218 $ 2,552,255 $ 3,810,534 $ 3,814,404 Operating grants and contributions 143,139 191,039 - - 143,139 191,039 Capital grants and contributions 402,146 - 402,146 - General revenues: Property taxes 3,194,210 2,891,614 3,194,210 2,891,614 Other taxes 1,698,031 1,666,337 - - 1,698,031 1,666,337 Other revenues 591,450 436,649 135,778 222,607 727,228 659,256 Total revenues 7,254,292 6,447,788 2,720,996 2,774,862 9,975,288 9,222,650 Expenses: General government 1,614,745 1,051,485 - - 1,614,745 1,051,485 Public safety 3,843,086 3,895,186 - - 3,843,086 3,895,186 Public works 1,162,378 1,227,223 - - 1,162,378 1,227,223 Culture and recreation 273,145 251,217 - - 273,145 251,217 Interest on long -tern debt 297,360 184,457 - - 297,360 184,457 Water and wastewater - 2,542,766 2,377,911 2,542,766 2,377,911 Total expenses 7,190,714 6,609,568 2,542,766 2,377,911 9,733,480 8,987,479 Change in net assets before transfers 63,578 ( 161,780) 178,230 396,951 241,808 235,171 Transfers 20,000 - ( 20,000) - Change in Net Assets 83,578 ( 161,780) 158,230 396,951 " 241,808 235,171 Net assets, beginning 16,344,168 16,505,948 11,391,670 10,994,719 27,735,838 27,500,667 Net assets, ending $ 16,427,746 $ 16,344,168 $ 11,549,900 $ 11,391,670 $ 27,977,646 $ 27,735,838 Governmental activities. Governmental activities net assets increased by $83,578. The increase was due primarily to an increase in capital gains and contributions and property tax revenue. These increases compensated for the increase in general government expenses and interest on long -term debt. Business -type activities. Business -type activities net assets increased by $158,230. Gross revenue of the Water and Sewer Fund was $2,720,996 for the fiscal year, which is $53,866 less than the 2006 -2007 fiscal year gross revenue, $2,774,862. This decrease is a result of the decrease in investment income due to decreased cash and investments from the payment of construction costs on water and wastewater system improvements. Direct operating expenses, excluding depreciation, was $2,135,459 for the fiscal year. Direct operating expenses are $114,706 more than 2006 -2007 fiscal year direct operating expenses, $2,0 due to increased costs for water system maintenance and administration service charges. 7 FINANCIAL ANALYSIS OF THE GOVERNMENT'S FUNDS Governmental funds. The focus of governmental funds is to provide information on near -term inflow, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. At the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $10,726,944. Approximately 99.5% of this total amount ($10,678,178) constitutes unreserved fund balance. $9,233,185 of this unreserved amount is held in capital projects funds. These funds are set to be used to finance future capital projects. Some of these amounts have been obtained through the issuance of debt and must be used to finance the items stated in the debt issuance. The remainder of the fund balance ($48,766) is reserved to indicate that is not available for new spending because it has already been committed to pay for debt service or to provide for other items. The General Fund is the chief operating fund of the City of Kennedale. At the end of the current fiscal year, 100% of the General Fund balance ($1,433,468) was unreserved. As a measure of the General Fund's liquidity, it may be useful to compare unreserved General Fund balance and total General Fund expenditures. Unreserved fund balance represents 22.53% of total General Fund expenditures. In the General Fund, the City budgeted for a decrease of fund balance in the amount of $717,832. The General Fund balance decreased by $728,596, or 33.70% during the current fiscal year. Significant revenue and expenditure increases were in the following areas: • Property tax • Charges for services • General government • Transfers out The Debt Service Fund has a total fund balance of $48,766, all of which is reserved for the payment of debt. Proprietary funds. At the end of the year, unrestricted net assets for the Water and Sewer Fund were $3,885,235. The total growth in net assets for the fund was $158,230. See business -type activity discussion above. General Fund budgetary highlights. The actual expenditures for the year were $6,361,406, which was $84,929 less than the budget. For FY 2007 -08, the actual revenues were $5,868,797 as compared to the budget amount of $5,732,692. Contributing to the variance was higher than anticipated revenues from Licenses and permits ($79,899 higher than. the budget), charges for services ($48,814 higher than the budget) and other revenue ($282,207 higher than the budget). Also contributing to the variance was lower than anticipated revenues from fines and forfeitures ($32,794 lower than the budget), sales tax ($132,744 lower than the budget) and investment earnings ($65,921 lower than the budget). With higher revenues and higher expenditures, the General Fund balance decreased by $728,596, which was $10,764 lower than the final budget due to unbudgeted transfers out of $255,987. 8 CAPITAL ASSET AND DEBT ADMINISTRATION Capital assets. The investment in capital assets for its governmental and business type activities as of September 30, 2008, amounts to $28,958,624 (net of accumulated depreciation). This investment in capital assets includes land, buildings, machinery and equipment, infrastructure, construction work in progress, and water and sewer systems. Approximately 57.03% of the capital assets are governmental and 42.97% are business type activities. CITY OF KENNEDALE'S CAPITAL ASSETS AT YEAR -END Major governmental -type capital asset events during the current fiscal year included the following: Governmental activities equipment purchase Governmental Activities Business -type Activities Totals Governmental activities building improvements 36,654 2008 2007 2008 2007 2008 2007 Business -type activities building improvements 8,726 Land $ 627,107 $ 595,650 $ 194,538 $ 194,538 $ 821,645 $ 790,188 Buildings and improvements 4,110,372 4,265,665 4,747,445 4,738,719 8,857,817 9,004,384 Machinery and equipment 2,609,446 2,489,350 548,034 548,034 3,157,480 3,037,384 InfrastructureAvater and was tewa ter distri3iution 17,701,348 17,592,523 11,053,596 8,638,660 28,754,944 26,231,183 Constiuctioninprogress 838,730 339,274 10,800 1,542,964 849,530 1,882,238 Less accumulated depreciation ( 9,370,821) ( 8,845,315) ( 4,111,971) ( 3,707,682) ( 13,482,792) ( 12,552,997) Total capital assets, net $ 16,516,182 $ 16,437,147 $ 12,442,442 $ 11,955,233 $ 28,958,624 $ 28,392,380 Major governmental -type capital asset events during the current fiscal year included the following: Governmental activities equipment purchase $ 120,096 Governmental activities infrastructure capitalization 108,825 Governmental activities building improvements 36,654 Governmental activities construction in progress 499,456 Governmental activities land purchase 31,457 Business -type activities improvements 44,732 Business -type activities building improvements 8,726 Business -type activities construction in progress 838,040 Additional information on the capital assets can be found in Note 4 on pages 35 — 36 of this report. Long -term debt. At year -end, the City had total bonded debt, capital lease and loan payable obligations of $15,636,715. Of this amount, $14,965,001 represents bonded debt backed by the full faith and credit of the City. The City's capitalized lease obligation of $431,583 pertains to the purchase of a fire truck, street equipment and utility vehicles and equipment. The loan payable of $240,131 pertains to the loan agreement for financing the relocation of utilities along a roadway. 9 OUTSTANDING DEBT AT YEAR -END BONDS, CAPITAL LEASE AND LOAN PAYABLE Business -type Activities 2008 2007 $ 4,398,113 $ 4,569,613 139,533 - 177,613 240,131 353,315 Totals 2008 2007 $ 14,740,001 $ 8,055,001 431,583 520,317 225,000 265,000 240,131 353,315 Loan payable Total $ 10,858,938 $ 4,093,092 $ 4,777,777 $ 5,100,541 $ 15,636,715 $ 9,193,633 The City's certificates of obligation bonds continue to carry Baal from Moody's Investor Services. Additional information on the long -term debt can be found in Note 4 on pages 37 - 41 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES The City Council retained the tax rate of $0.722500 per $100 assessed valuation for the new fiscal year. The budget was conservatively prepared in anticipation of a continued economic downturn. The fund balance for the General Fund has been budgeted to be $1,617,318 for fiscal year 2008 -2009, which represents a fund balance of 31 % of operating expenditures: This has been determined in anticipation of a tighter budget year. The City's ability to adopt this strategy was based on reduced spending and personnel achieved in fiscal year 2007 -2008. During the current year, the General Fund unreserved fund balance decreased by $728,596, to $1,433,468. This decrease was in line with the decrease of $717,832 that was budgeted for fiscal year 2007 -2008. The City has begun work on a strategic plan that will articulate a Vision Statement, a Values Statement and a Mission Statement to guide the governance efforts and ultimately the development of the City of Kennedale. This plan will help solidify the desired culture within the city and will prioritize capital spending, service delivery strategies and economic development initiatives. The economic development strategy is based on three primary objectives: 1) Provide the infrastructure needed to encourage and accommodate the economic activity. This includes the reconstruction of Bowman Springs Road, Little - School Road, Sublett Road and Dick Price Road; 2) Development of the Town Center to provide retail and service oriented space; and 3) Encourage the redevelopment of several areas of town, including the Oak Crest area, following the closure of four sexually- oriented businesses in February 2012. Achievement of these objectives will enhance the City's economic base. Each initiative is underway with activity anticipated in late 2009 and early 2012. Additionally, by developing a strategic plan that addresses a vision, values, and mission, the following year's budget will help prioritize the spending patterns, while providing more effective services to the citizens of Kennedale. 10 Governmental Activities 2008 2007 Certificates of $ 10,341,888 $ 3,485,388 obligation bonds Capital leases 292,050 342,704 Revenue bonds 225,000 265,000 Business -type Activities 2008 2007 $ 4,398,113 $ 4,569,613 139,533 - 177,613 240,131 353,315 Totals 2008 2007 $ 14,740,001 $ 8,055,001 431,583 520,317 225,000 265,000 240,131 353,315 Loan payable Total $ 10,858,938 $ 4,093,092 $ 4,777,777 $ 5,100,541 $ 15,636,715 $ 9,193,633 The City's certificates of obligation bonds continue to carry Baal from Moody's Investor Services. Additional information on the long -term debt can be found in Note 4 on pages 37 - 41 of this report. ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES The City Council retained the tax rate of $0.722500 per $100 assessed valuation for the new fiscal year. The budget was conservatively prepared in anticipation of a continued economic downturn. The fund balance for the General Fund has been budgeted to be $1,617,318 for fiscal year 2008 -2009, which represents a fund balance of 31 % of operating expenditures: This has been determined in anticipation of a tighter budget year. The City's ability to adopt this strategy was based on reduced spending and personnel achieved in fiscal year 2007 -2008. During the current year, the General Fund unreserved fund balance decreased by $728,596, to $1,433,468. This decrease was in line with the decrease of $717,832 that was budgeted for fiscal year 2007 -2008. The City has begun work on a strategic plan that will articulate a Vision Statement, a Values Statement and a Mission Statement to guide the governance efforts and ultimately the development of the City of Kennedale. This plan will help solidify the desired culture within the city and will prioritize capital spending, service delivery strategies and economic development initiatives. The economic development strategy is based on three primary objectives: 1) Provide the infrastructure needed to encourage and accommodate the economic activity. This includes the reconstruction of Bowman Springs Road, Little - School Road, Sublett Road and Dick Price Road; 2) Development of the Town Center to provide retail and service oriented space; and 3) Encourage the redevelopment of several areas of town, including the Oak Crest area, following the closure of four sexually- oriented businesses in February 2012. Achievement of these objectives will enhance the City's economic base. Each initiative is underway with activity anticipated in late 2009 and early 2012. Additionally, by developing a strategic plan that addresses a vision, values, and mission, the following year's budget will help prioritize the spending patterns, while providing more effective services to the citizens of Kennedale. 10 REQUESTS FOR INFORMATION The financial report is designed to provide a general overview of the City of Kennedale's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Director of Finance, City of Kennedale, 405 Municipal Dr., Kennedale, Texas 76060. 11 THIS PAGE LEFT BLANK INTENTIONALLY . BASIC FINANCIAL STATEMENTS THIS PAGE LEFT BLANK INTENTIONALLY CITY OF KENNEDALE, TEXAS STATEMENT OF NET ASSETS SEPTEMBER 30, 2008 ASSETS Cash and investments Receivables (net of allowances for uncollectibies): Taxes Accounts Inventories Other assets Deferred charges Capital assets: Land Buildings and improvements Machinery and equipment Infrastructure /water and wastewater distribution Construction in progress Less: accumulated depreciation Total capital assets Total assets LIABILITIES Accounts payable Accrued liabilities Due to other governments Accrued interest payable Unearned revenue Customer deposits Noncurrent liabilities: Due within one year Due in more than one year Total liabilities NET ASSETS Invested in capital assets, net of related debt Restricted for: Debt service Unrestricted Total net assets Primary Government Component Unit Economic Governmental Business -type Development Activities Activities Total Corporation $ 10,881,127 $ 3,865,512 $ 14,746,639 403,855 - 403,855 665,742 342,465 1,008,207 - 26,583 26,583 26,766 39,213 65,979 191,574 53,857 245,431 627,107 194,538 821,645 4,110,372 4,747,445 8,857,817 2,609,446 548,034 3,157,480 17,701,348 11,053,596 28,754,944 838,730 10,800 849,530 ( 9,370,821) ( 4,111,971) ( 13,482,792 16,516,182 12,442,442 28,958,624 28,685,246 16,770,072 45,455,318 246,875 198,924 445,799 186,027 10,725 196,752 44,698 - 44,698 64,494 34,252 98,746 558,977 - 558,977 - 182,204 182,204 515,980 333,740 849,720 10,640,449 4,460,327 15,100,776 12,257,500 5,220,172 17,477,672 12,612,099 7,664,665 20,276,764 48,766 - 48,766 3,766,881 3,885,235 7,652,116 $ 16,427,746 $ 11,549,900 $ 27,977,646 $ 1,260,073 55,733 12,920 30,721 320,618 1,200,500 616,347 ( 60,025) 2,077,440 3,436,887 112,893 30,000 1,140,000 1,282,893 907,440 1,246,554 $ 2,153,994 The notes to the financial statements are an integral part of this statement. 12 CITY OF KENNEDALE, TEXAS STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2008 Component Unit: Kennedale Economic Development Corporation $ 596,152 $ 212,403 $ - $ - General revenues: Taxes: Property - general purposes Property - debt service Sales Franchise Investment earnings Miscellaneous Transfers Total general revenues Change in net assets Net assets, beginning Net assets, ending The notes to the financial statements are an integral part of this statement. 13 Program Revenues Operating Capital Charges for Grants and Grants and Functions /Programs Expenses Services Contributions Contributions Primary Government: Governmental activities: General government $ 1,614,745 $ 578,314 - Public safety 3,843,086 607,201 36,505 - Public works 1,162,378 37,377 - 400,000 Culture and recreation 273,145 2,424 106,634 2,146 Interest on long -terns debt 297,360 - - - Total governmental activities 7,190,714 1,225,316 143,139 402,146 Business -type activities: Water /Wastewater 2,542,766 2,585,218 - - Total business -type activities 2,542,766 2,585,218 - - Total primary government $ . $ 3,810,534 $ 143,139 $ 402,146 Component Unit: Kennedale Economic Development Corporation $ 596,152 $ 212,403 $ - $ - General revenues: Taxes: Property - general purposes Property - debt service Sales Franchise Investment earnings Miscellaneous Transfers Total general revenues Change in net assets Net assets, beginning Net assets, ending The notes to the financial statements are an integral part of this statement. 13 Net (Expense) Revenue and Changes in Net Assets Primary Government Component Unit Economic Governmental Business -type Development Activities Activities Total Corporation $( 1,036,431) $ - $( 1,036,431) $ - ( 3,199,380) - ( 3,199,380) - ( 725,001) - ( 725,001) - ( 161,941) - ( 161,941) - ( 297,360 - ( 297,360 - ( 5,420,113 - ( 5,420,113 - 42,452 42,452 - - 42,452 42,452 - $ ( 5,420,113) $ 42,452 $ ( 5;377,661 $ - - ( 383,749 2,529,422 - 2,529,422 - 664,788 - 664,788 - 993,288 - 993,288 331 704,743 - 704,743 - 190,424 135,778 326,202 52,087 401,026 - 401,026 - 20,000 ( 20,000 - - 5,503,691 115,778 5,619,469 383,355 '83,578 *158,230 -*241,808 ( 394) 16,344,168 11,391,670 27,735,838 2,154,388 $ 16,427,746 $ 11,549,900 $ 27,977,646 $ 2,153,994 14 CITY OF KENNEDALE, TEXAS BALANCESHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2008 General ASSETS Total Cash and investments $ 1,570,245 Receivables (net of allowance for uncollectibles): 44,698 Taxes 355,530 Accounts 654,275 Due from other funds 11,467 Prepaid expenses 26,766 Total assets 2,618,283 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 246,875 Accrued liabilities 165,017 Due to other governments 44,698 Due to other funds - Deferred revenue 728,225 Total liabilities 1,184,815 Fund balances: Reserved for: Debt service - Unreserved, reported in: General fund 1,433,468 Special revenue funds - Capital projects funds - Total fund balances 1,433,468 Total liabilities and fund balances $ 2,618,283 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Other long -term assets are not available to pay for current- period expenditures and, therefore, are deferred in the funds. Long -term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported in the funds. Net assets of governmental activities Capital Bond Fund $ 8,608,157 8,608,157 21,010 21,010 8,587,147 8,587,147 $ 8,608,157 The notes to the financial statements are an integral part of this statement. 15 Other Total - Governmental Governmental 44,698 Funds Funds $ 702,725 $ 10,881,127 56,188 48,325 403,855 11,467 665,742 - 11,467 26,766 762,517 11,988,957 - 246,875 - 186,027 - 44,698 11,467 11,467 44,721 772,946 56,188 1,262,013 48,766 48,766 - 1,433,468 I 11,525 11,525 l 646,038 9,233,185 706,329 * 10,726,944 $ 762,517 16,516,182 405,543 ( 11,220,923) $ 16,427,746 The notes to the financial statements are an integral part of this statement. 16 CITY Or KENNEDALE, TEXAS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2008 Other Total Capital Governmental Governmental General Bond Fund Funds Funds REVENUES Taxes: Property $ 2,574,968 $ - $ 664,788 $ 3,239,756 Sales 993,288 - - 993,288 Franchise fees 704,743 - - 704,743 Licenses and permits 291,261 - 37,377 328,638 Fines and forfeitures 346,206 - 2,424 348,630 Public safety fees 257,942 - - 257,942 Intergovernmental 41,030 - 2,109 43,139 Charges for services 292,252 - - 292,252 Investment earnings 67,500 93,448 29,476 190,424 Contributions - 400,000 100,000 500,000 Other 299,607 - 101,419 401,026 Total revenues 5 493,448 937,593 7,299,838 EXPENDITURES Current: General government 1,594,288 - - 1,594,288 Public safety 3,878,088 - 637 3,878,725 Public works 684,074 - 979 685,053 Culture and recreation . 204,956 - - 204,956 Capital outlay - 251,030 372,054 623,084 Debt service: Principal - - 450,944 450,944 Interest and fiscal charges - - 248,077 248,077 Bond issue costs - 156,195 - 156,195 Total expenditures 6,361,406 407,225 1,072,691 7,841,322 EXCESS OF REVENUES OVER EXPENDITURES ( 492,609) 86,223 ( 135,098) ( 541,484) OTHER FINANCING SOURCES (USES) Proceeds from debt issuance - 7,235,000 - 7,235,000 Transfers in 93,659 250,000 255,987 599,646 Premium on debt issuance - 62,571 - 62,571 Transfers out ( 329,646 - ( 250,000) ( 579,646) Total other financing sources and (uses) ( 235,987 7,547,571 5,987 7,317,571 NET CHANGE IN FUND BALANCES 0 ,, Y 728,596) 7,633,794 ( 129,111) 6,776,087 FUND BALANCES, BEGINNING 2,162,064 953,353 835,440 3,950,857 FUND BALANCES, ENDING $ 1,433,468 $ 8,587,147 $ 706,329 $ 10,726,944 The notes to the financial statements are an integral part of this statement. 16 CITY OF KENNEDALE, TEXAS RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2008 Amounts reported for governmental activities in the Statement of Activities (pages 12 - 13) are different because: Net change in fund balances - total governmental funds (page 15) $ 6,776,087 Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. 79,035 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. ( 45,546) Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. 102,419 The issuance of long -term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long -term debt consumes the current financial resources of governmental funds. 6,828,417) Change in net assets of governmental activities (pages 12 -13) $ 83,578 The notes to the financial statements are an integral part of this statement. 17 CITY OF KENNEDALE, TEXAS i GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2008 Variance with The notes to the financial statements are an integral part of this statement. 18 Final Budget Budget Positive Original Final Actual (Negative) REVENUES Taxes: Property $ 2,605,975 $ 2,605,975 $ 2,574,968 $( 31,007) Sales 1,126,032 1,126,032 993,288 ( 132,744) Franchise fees 710,526 710,526 704,743 ( 5,783) Licenses and permits 211,362 211,362 291,261 79,899 Fines and forfeitures 379,000 379,000 346,206 ( 32,794) Public safety fees 210,000 210,000 257,942 47,942 Intergovernmental 95,538 95,538 41,030 ( 54,508) Charges for service 243,438 243,438 292,252 48,814 Investment earnings 133,421 133,421 67,500 ( 65,921) Other 17,400 17,400 299,607 282,207 Total revenues 5,732,692 5,732,692 5,868,797 136,105 EXPENDITURES Current: General government 1,649,239 1,674,715 1,594,288 80,427 Public safety 3,933,450 3,879,050 3,878,088 962 Public works 684,229 684,229 684,074 155 Culture and recreation 215,091 208,341 204,956 3,385 Total expenditures 6,482,009 6,446,335 6,361,406 84,929 EXCESS OF REVENUES OVER EXPENDITURES ( 749,317 ( 713,643 ( 492,609 221,034 OTHER FINANCING SOURCES (USES) Transfers in 69,470 69,470 93,659 24,189 Transfers out ( 73,659 ( 73,659 ( 329,646 ( 255,987) Total other financing sources (uses) ( 4,189 ( 4,189 ( 235,987 ( 231,798) NET CHANGE IN FUND BALANCE ( 753,506) ( 17,832) ( 728,596) ( 10,764) FUND BALANCE, BEGINNING 2,162,064 2,162,064 2,162,064 - FUND BALANCE, ENDING $ 1,408,558 $ 1,444,232 $ __L,433,468 $ ( 10,764 The notes to the financial statements are an integral part of this statement. 18 CITY OF KENNEDALE, TEXAS STATEMENT OF NET ASSETS PROPRIETARY FUND SEPTEMBER 30, 2008 ASSETS Current assets: Cash and investments Accounts receivable - net of allowances for uncollectibles Inventories Prepaid expense Total current assets Noncurrent assets: Deferred charges Capital assets: Land Buildings and improvements Equipment Water and wastewater distribution Construction in progress Less: accumulated depreciation Total capital assets Total noncurrent assets Total assets LIABILITIES Current liabilities: Accounts payable Accrued liabilities Accrued interest Customer deposits Compensated absences Capital leases payable Loan payable Certificates of obligation Total current liabilities Long -term liabilities: Compensated absences Capital leases payable Loan payable Certificates of obligation Total long -term liabilities Total liabilities NET ASSETS Invested in capital assets, net of related debt Unrestricted Total net assets The notes to the financial statements are an integral part of this statement. Business -type Activities - Enterprise Fund Water and Wastewater $ 3,865,512 342,465 26,583 39,213 4,273,773 53,857 194,538 4,747,445 548,034 11,053,596 10,800 ( 4,111,971 12,442,442 12,496,299 16,770,072 198,924 10,725 34,252 182,204 3,258 32,446 117,711 180,325 759,845 13,032 107,087 122,420 4,2 17,788 4,460,327 5,220,172 7,664,665 3,885,235 $ 11,549,900 19 CITY OF KENNEDALE, TEXAS i STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS PROPRIETARY FUND FOR THE YEAR ENDED SEPTEMBER 30, 2008 OPERATING REVENUES Water sales Wastewater charges Tap and collection fees Other service charges Miscellaneous income Total operating revenues OPERATING EXPENSES Cost of sales and services Administration Depreciation Miscellaneous expense Total operating expenses OPERATING INCOME NONOPERATING REVENUES (EXPENSES) Investment earnings Interest and fiscal charges on debt Total nonoperating revenues (expenses) Income before transfers Transfers out CHANGE IN NET ASSETS TOTAL NET ASSETS, BEGINNING TOTAL NET ASSETS, ENDING Business -type Activities - Enterprise Fund Water and 1,333,587 1,011,208 136,815 37,195 66,413 2,585,218 777,364 1,113,243 407,307 45,304 2,343,218 242,000 135,778 199,548) ( 63,770 178,230 ( 20,000 158,230 11,391,670 $ 11,549,900 The notes to the financial statements are an integral part of this statement. 20 CITY OF KENNEDALE, TEXAS STATEMENT OF CASH FLOWS PROPRIETARY FUND FOR THE YEAR ENDED SEPTEMBER 30, 2008 RECONCILIATION OF OPERATING INCOME TO NET Business -tune CASH PROVIDED BY OPERATING ACTIVITIES Activities- Operating income Enterprise Fund Adjustments to reconcile operating income to Water and net cash provided by operating activities: Wastewater CASH FLOWS FROM OPERATING ACTIVITIES 407,307 Cash received from customers $ 3,684,335 Cash payments to employees for services ( 1,102,223) Cash payments to suppliers for goods and services ( 901,946 Cash provided by operating activities 1,680,166 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES ( 32,137) Transfers to other funds ( 20,000 Cash used for noncapital financing activities ( 20,000 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES 7,953 Principal repayments on debt ( 322,763) Proceeds from capital debt - Interest and fiscal charges on debt ( 197,232) Acquisition and construction of capital assets ( 891,498 Cash used for capital and related financing activities ( 1,411,493 CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 135,778 Cash provided by investing activities 135,778 NET INCREASE IN CASH AND CASH EQUIVALENTS 384,451 CASH AND CASH EQUIVALENTS, BEGINNING 4,481,061 CASH AND CASH EQUIVALENTS, ENDING $ 4,865,512 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income $ 242,000 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 407,307 Change in assets and liabilities: Decrease (increase) in accounts receivable 93,573 Decrease (increase) in inventories ( 7,928) Decrease (increase) in prepaid expenses ( 39,213) Increase (decrease) in accounts payable ( 32,137) Increase (decrease) in accrued liabilities 3,067 Increase (decrease) in customer deposits. 5,544 Increase (decrease) in compensated absences 7,953 Total adjustments 438,166 Net cash provided by operating activities $ 680,166 The accompanying notes are an integral part of this statement. 21 CITY OF KENNEDALE, TEXAS NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2008 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity The City of Kennedale, Texas (the "City ") was incorporated in 1947. The City operates as a home -rule City under a council - manager form of government and provides the following services as authorized by its charter: police, fire, planning, zoning and code enforcement, public works, streets, parks and recreation, public library, ambulance, water and sewer utilities and general administrative services. Sanitation collection services are provided through a private contractor. The accompanying financial statements present the City and its component units, entities for which the City is considered to be financially accountable. Financial accountability is defined as the appointment of a voting majority of a legally separate organization's governing body and either (1) the City's ability to impose its will over the organization, or (2) the potential that the organization will provide a financial benefit to or impose a financial burden on the City. The discretely presented component unit is reported in a separate column in the government -wide financial statements to emphasize that it is legally separate from the City. Discretely Presented Component Unit The Kennedale Economic Development Corporation ( "KEDC "). KEDC is a legally separate entity incorporated on December 2, 1996. The City Council appoints the governing board for this entity and is able to impose its will upon the Corporation, which serves the purpose of promoting economic development within the City. KEDC is presented as a governmental fund type. Separate financial statements of KEDC may be obtained from: City of Kennedale, Texas Director of Finance 405 Municipal Drive Kennedale, Texas 76060 (continued) 22 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Government -wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the activities of the primary government and its component units. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenue, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. Likewise, the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenue. Direct expenses are those that are clearly identifiable with a specific function or segment. Certain indirect costs have been. included as part of the program expenses reported for the various functional activities. Program revenue includes 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenue are reported instead as general revenue. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual Enterprise Funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accountiniz and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting,, as are the proprietary fund financial statements. Revenue is recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenue in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenue is recognized as soon as it is both measurable and available. Revenue is considered to be available when it is collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenue to be available if collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. (continued) 23 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Measurement Focus, Basis of Accountin14 and Financial Statement Presentation (Continued) Property taxes, franchise taxes, sales taxes, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenue of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City. The City reports the following major governmental fund: The General Fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Capital Bond Fund is a capital projects fund. It is used to account for the acquisition and construction of various capital improvements and is funded by general obligation bonds. The City reports the following major proprietary fund: The Water and Wastewater Fund accounts for the activities necessary for the provision of water and wastewater services. Private - sector standards of accounting and financial reporting issued prior to December'l, 1989, generally are followed in both the government -wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. Governments also have the option of following subsequent private - sector guidance for their business -type activities and Enterprise Funds, subject to this same limitation. The City has elected not to follow subsequent private- sector guidance. As a general rule, the effect of interfund activity has been eliminated from the government- wide financial statements. Exceptions to this general rule are charges between the City's water and wastewater function and various other functions of the government. Elimination of these charges would distort the direct costs and program revenue reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided,. 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenue. Likewise, general revenue includes all taxes. (continued) 24 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's Enterprise Fund are charges to customers for sales and services. Operating expenses for the Enterprise Fund include cost of sales and services, administrative expenses, and depreciation on capital assets. All revenue and expenses not meeting this definition are reported as nonoperating revenue and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. D. Assets, Liabilities and Net Assets or Equity Deposits and Investments The City pools substantially all cash and investments except for separate cash and investment accounts, which are maintained in accordance with legal restrictions. Investments maturing within one year of date of purchase are stated at cost or amortized cost; all other investments are stated at fair value, which is based on quoted market prices. Investment income is recorded in the funds in which the investments are recorded. The City invests in The Texas Local Government Investment Pool (TexPool). The Texas Local Government Investment Pool (TexPool) is a public funds investment pool created pursuant to the Interlocal Cooperation Act of the State of Texas. The State Comptroller of Public Accounts exercises oversight responsibility over TexPool. Oversight includes the ability to significantly influence operations, designation of management and accountability for fiscal matters. Additionally, the State Comptroller has established an advisory board composed of both participants in TexPool and other persons who do not have a business relationship with TexPool. The Advisory Board members review the investment policy and management fee structure. Finally, TexPool is rated AAAm by Standard & Poor's. As a requirement to maintain the rating weekly portfolio, information must be submitted to Standard & Poor's, as well as the Office of the Comptroller of Public Accounts for review. TexPool operates in a manner consistent with the SEC's Rule 2a7 of the Investment Company Act of 1940. TexPool uses amortized cost rather than market value to report net assets to compute share prices. Accordingly, the fair value of the position in TexPool is the same as the value of TexPool shares. (continued) 25 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities and Net Assets or Equity (Continued) Deposits and Investments (Continued) The City also invests in Texas Short-term Asset Reserve Program (TexSTAR). TexSTAR is organized in conformity with the Interlocal .Cooperation Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2256 of the Texas Government Code. These two acts provide for the creation of public funds investment pools and authorize eligible governmental entities to invest their public funds and funds under their control through the investment pools. TexSTAR is currently rated AAAm by Standard & Poor's and has an investment objective of achieving and maintaining a stable net asset value of $1.00 per share. The City also invests in TexasTERM.. TexasTERM is a local government investment portfolio established to allow counties, municipalities, school districts, municipal authorities and other governmental entities in Texas to pool their funds for investment under the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Govermnent Code, the PTIA and other cooperative statutes and under the statutes governing investment of funds by those local governments. TexasTERM is . rated AAAm by Standard and Poor's. TexasTERM seeks to maintain a constant net asset value of $1.00 per share. For purpose of presenting the proprietary fund cash flow statement, cash and cash equivalents includes demand deposits and investments with a maturity date within three months of the date acquired by the City. Receivables and Payables Activity between funds that are representative of lendingiborrowing arrangements outstanding at the end of the fiscal year are referred to as either "due to /from other funds" (i.e., the current portion of interfund loans) or "advances to /from other funds'.'_ (i.e., the noncurrent portion of interfund loans). All other outstanding balances between funds are reported as "due to /from other funds." Any residual balances outstanding between the governmental activities and business -type activities are reported in the government wide financial statements as "internal balances." Property taxes attach as an enforceable lien on property as of October 1. Taxes are levied each October 1 and are due and payable on or before January 31 of the following year. All unpaid taxes become delinquent February 1 of the following year. The Tarrant County Tax Assessor /Collector bills and collects the City's property taxes. Any uncollected property taxes as of September 30, which are not expected to be collected within 60 days, are recorded as taxes receivable and deferred revenue. (continued) 26 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities and Net Assets or Equity (Continued) As a City that operates under a home -rule charter, the City has a tax rate limitation of $2.50 per $100 assessed valuation. For the year ended September 30, 2008, the City had a tax rate of $.7225 per $100 of which $.572665 was allocated for general government and $.149835 was allocated for payment of principal and interest on general long -term debt. Inventories All inventories are valued using the average cost method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Restricted Assets Certain proceeds of the Enterprise Fund bonds and certain resources set aside for their repayment, are classified as restricted assets on the balance sheet because their use is limited by applicable bond covenants. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure (e.g. roads, bridges, sidewalks and similar items) are reported in the applicable governmental or business -type activities columns in the government -wide financial statements. The City defines capital assets as assets with an initial, individual cost of more than .$5,000 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Property, plant and equipment is depreciated using the straight -line method over the following useful lives: Assets Years Plants and buildings 20 Machinery and equipment 4- 10 Infrastructure (streets and drainage) 35 - 125 Other structures 50 (continued) 27 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities and Net Assets or Equity (Continued) Compensated Absences Vacation is earned in varying amounts up to a maximum of 160 hours per year for 40 -hour week personnel with 6 or more years of service. Vacation leave does not accumulate from one year to the next for amounts over 160 hours. 40 -hour per week personnel accrue one -half working day (4 hours) of sick leave for each full month of employment in the calendar year. Upon separation from employment, a permanent employee who has completed six months of employment is entitled to be paid the amount of salary for the employee's accumulated sick leave but not to exceed 60 hours. for 40 -hour per week employees. All unused vested vacation and sick leave is accrued when incurred in the government -wide and proprietary fund financial statements. A liability for these amounts is reported in govermmental funds only if they have matured, for example, as a result of employee resignations and retirements. Long -term Obligations In the government -wide financial statements and proprietary fund types in the fund financial statements, long -term debt and other long -term obligations are reported as liabilities in the applicable governmental activities, business -type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the straight -line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific .purpose. Designations of fund balance represent tentative management plans that are subject to change. (continued) 28 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Assets, Liabilities and Net Assets or Equity (Continued) Net Assets Net assets represent the difference between assets and liabilities. Net assets invested in capital assets, net of related debt consists of capital assets, net of.accumulated depreciation, reduced by the outstanding balances of any borrowing used for the acquisition, construction or improvements of those assets, and adding back unspent proceeds. Net assets are reported as restricted when there are limitations imposed on their use either through the enabling legislations adopted by the City or through external restrictions imposed by creditors, grantors or laws or regulations of other governments. Estimates The preparation of financial statements, in conformity with generally accepted accounting principles, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual amounts could differ from those estimates. 2. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS Explanation of Certain Differences Between the Governmental Fund Balance Sheet and the Government -wide Statement of Net Assets The governmental fund balance sheet includes a reconciliation between fund balance — total governmental funds and net assets — governmental activities as reported in the government -wide statement of net assets. One element of that reconciliation explains, "Long -term liabilities are not due and payable in the current period and therefore are not reported in the funds." The details of this $11,220,923 difference are as follows: Certificates of obligation bonds $( 10,566,888) Premiums on issuance of debt (to be amortized over life of debt) ( 62,571) Capitalized lease obligations ( 292,050) Accrued interest payable ( 64,494) Compensated absences ( 234,920) Net adjustment to reduce fund balance - total governmental funds to arrive at net assets - governmental activities $ 11,220,923 (continued) 29 2. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (Continued) Explanation of Certain Differences Between the Governmental Fund Statement of Revenue, Expenditures and Chanl4es in Fund Balances and the Government -wide Statement of Activities The gove rnmental fund statement of revenue expenditures and changes in fund balances includes a reconciliation between net changes in fund balances — total governmental fund and changes in net assets ofgovernmental activities as reported in the government -wide statement of activities. One element of that reconciliation explains, "Goverimzental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense." The details of this $79,035 difference are as follows: Capital outlay (includes $173,314 not classified as capital expenditures on the fund statements) $ 796,398 Depreciation expense ( 717,363 Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets ofgovernmental activities $ 79,035 Another element of that reconciliation states, "The issuance of long -term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long -term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. Also, governmental funds report the effect of issuance costs, premiums, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. The details of this $6,828,417 difference are as follows: Principal repayments: General obligation debt Capital lease Debt issuance: General obligation debt Premiums on the issuance of debt Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net assets ofgovernmental activities 418,500 50,654 ( 7,235,000) ( 62,571) $ ( 6,828,417) (continued) 30 2. 3. RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS (Continued) Explanation of Certain Differences Between the Governmental Fund Statement of Revenue, Expenditures and Changes in Fund Balances and the Government -wide Statement of Activities (Continued) Another element of that reconciliation states, "Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds." The details of this $102,419 difference are as follows: Compensated absences Accrued interest Bond issuance costs Amortization of issuance costs Net adjustment to decrease net changes in fund balances - total governmental finds to arrive at changes in net assets ofgovermnental activities STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY Budgetary Information $( 4,493) ( 46,129) 156,195 ( 3,154 $ 102,419 The City Council follows these procedures in establishing the budgets reflected in the financial statements. 1. Prior to the beginning of each fiscal year, the City Manager submits to the City Council a proposed budget for the fiscal year beginning on the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted at which all interested persons' comments concerning the budget are heard. 3. The budget is legally enacted by the City Council through passage of an ordinance prior to the beginning of the fiscal year. 4. The City Manager has the authority to transfer appropriation balances from one expenditure account to another within a single fund. The City Council, however, must approve any transfer of unencumbered appropriation balances or portions thereof from one fund to another as well as any increases in fund appropriations. At the end of the fiscal year, all appropriations lapse. (continued) 31 3. STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY (Continued) Budl4etary Information (Continued) 5. Annual budgets are only adopted for the General and Debt Service Funds. These budgets are adopted on a basis consistent with generally accepted accounting principles ( "GAAP "). 6. The budgetary data presented has been amended from the original budget by the City Council. There were no significant supplemental appropriations necessary during the year. Expenditures over Appropriations Expenditures exceeded appropriations in the General Fund in one functions. The following overruns were funded by unexpected revenues and fund balance. Transfers out $ 255,987 4. DETAILED NOTES ON ALL FUNDS Deposits and Investments The Public Funds Investment Act (Government Code Chapter 2256) contains specific provisions in the areas of investment practices, management reports and establishment of appropriate policies. Among other things, it requires the City to adopt, implement, and publicize an investment policy. That policy must address the following areas: (1) safety of principal and liquidity, (2) portfolio diversification, (3) allowable investments, (4) acceptable risk levels; (5) expected rates of return, (6) maximum allowable stated "maturity of portfolio investments, (7) maximum average dollar- weighted maturity allowed based on the stated maturity date for the portfolio, (8) investment staff quality and capabilities, and (9) bid solicitation preferences for certificates of deposit. Statutes authorize the City to invest in (1) obligations of the U. S. Treasury, certain U. S. Agencies, and the State of Texas; (2) certificates of deposit, (3) certain municipal securities, (4) money market savings accounts, (5) repurchase agreements, (6) bankers' acceptances, (7) Mutual Funds, (8) Investment pools, (9) guaranteed investment contracts, and (10) common trust funds. The Act also requires the City to have independent auditors perform test procedures related to investment practices as provided by the Act. The City is in substantial compliance with the requirements of the Act and with local policies. In compliance with the Public Funds Investment Act, the City has adopted a deposit and investment policy. That policy does address the following risks: a. Custodial Credit Risk: Deposits: In the case of deposits, this is the risk that, in the event of a bank failure, the government's deposits may not be returned to it. State statutes require that all deposits in financial institutions be fully collateralized by U.S. Government obligations or- its agencies and instrumentalities or direct obligations of Texas or its agencies and instrumentalities that have a fair value of not less than the principal amount of deposits. As of September 30, 2008, $6,083,882 of the City's $6,283,882 deposit balance was collateralized with securities held by the pledging financial institution. The remaining balance, $200,000, was covered by FDIC insurance. (continued) 32 4. DETAILED NOTES ON ALL FUNDS (Continued) Deposits and Investments (Continued) b. Credit Risk: It is the City's policy to limit investments to investment types with an investment quality rating no lower than AAA or AAA -m or an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. The City's investments were rated AAAm by Standard and Poor's Investors Services. c. Interest Rate Risk: In accordance with the City's investment policy, the City manages its exposure to declines in fair values by limiting the weighted average maturity of its investment portfolio to 90 days or less, dependent on market conditions. d. Concentration of Credit Risk: The government's investment policy states the maximum percentage allowed for each different investment instrument that can be used to make up the portfolio. At September 30, 2008, the primary government's investments consisted of: Fair Value TexStar $ 1,224,866 Texas Term 1,630,192 State Treasurer's Investment Pool (TexPool) 5,747,042 $ 8,602,100 During the fiscal year, the City managed the investments of the KEDC. The KEDC investments are categorized in the same manner as the City's and consist of the following: Fair Value TexStar $ 1,139,091 $ 1,139,091 At September 30, 2008, all of the above investments are not categorized by risk. TexStar, TexPool, and Texas Term balances are not evidenced by securities that exist in physical or book entry form and, accordingly, are not categorized by risk. However, the nature of these funds requires that they be used to purchase investments authorized by the Texas Public Funds Investment Act of 1995. The primary objective of these investment pools is to provide a safe environment for the placement of public funds in short -term, fully collateralized investments. (continued) 33 4. DETAILED NOTES ON ALL FUNDS (Continued) Deposits and Investments (Continued) Receivables Receivables as of year -end for the City's individual major funds and nonmajor funds in the aggregate, including the applicable allowances for uncollectible accounts, are as follows: Water and Nonmajor General Wastewater Governmental Total Receivables: Taxes $ 355,530 $ - $ 48,325 $ 403,855 Accounts 663,865 391,265 11,467 1,066,597 Gross receivables 1,019,395 391,265 59,792 1,470,452 Less: allowance for uncollectibles ( 9,590 ( 48,800 - ( 58,390 Net total receivables $ 1,009,805 $ 342,465 $ 59,792 $ 1,412,062 Governmental funds report deferred revenue in connection with receivables for revenue that is not considered to be available to liquidate liabilities of the current period. At the end of the current fiscal year, the various components of deferred revenue reported in the governmental funds were as follows: Unavailable General fund: Delinquent property taxes receivable $ 169,248 Ambulance charges 534,482 Court fees 24,495 728,225 Debt service fund: Delinquent property taxes receivable 44,721 Governmental Funds $ 772,946 i (continued) 34 4. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets i Capital asset activity for the year ended September 30, 2008, was as follows: Primary Government Beginning Ending Balance Increases Decreases Balance Government activities: Capital assets, not being depreciated: Land $ 595,650 $ 31,457 $ $ 627,107 Construction work in progress 339,274 499,456 - 838,730 Total capital assets not being depreciated 934,924 530,913 - 1,465,837 Capital assets, being depreciated: Buildings 4,265,665 36,564 ( 191,857) 4,110,372 Machinery and equipment 2,489,350 120,096 - 2,609,446 Infrastructure 17,592,523 108,825 - 17,701,348 Total capital assets being depreciated 24,347,538 265,485 ( 191,857) 24,421,166 Less accumulated depreciation: Buildings 1,196,958 113,457 ( 191,857) 1,118,558 Machinery and equipment 1,807,769 192,398 - 2,000,167 Infrastructure 5,840,588 411,508 - 6,252,096 Total accumulated depreciation 8,845,315 717,363 ( 191,857) 9,370,821 Total capital assets, being depreciated, net 15,502,223 ( 451,878) - 15,050,345 Governmental activities capital assets, net $ 16,437,147 $ 79,035 $ - $ 16,516,182 Business -type activities: Capital assets, not being depreciated: Land $ 194,538 $ - $ -. $ 194,538 Construction work in progress 1,542,964 838,040 ( 2,370,204) 10,800 Total capital assets not being depreciated 1,737,502 838,040 ( 2,370,204) 205,338 Capital assets, being depreciated: Buildings 4,738,719 8,726 - 4,747,445 i !, Machinery and equipment 548,034 - - 548,034 Improvements other than buildings 8,638,660 2,414,936 - 11,053,596 Total capital assets being depreciated 13,925,413 2,423,662 - 16,349,075 I ' Less accumulated depreciation: Buildings 1,501,864 86,178 - 1,588,042 Machinery and equipment 297,963 36,357 - 334,320 Improvements other than buildings 1,907,855 281,754 - 2,189,609 Total accumulated depreciation 3,707,682 404,289 - 4,111,971 Total capital assets, being depreciated, net 10,217,731 2,019,373 - 12,237,104 Business -type activities capital assets, net $ 11,955,233 $ 2,857,413 $ ( 2,370,204) $ 12,442,442 (continued) 35 4. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets (Continued) Depreciation expense was charged to functions /programs of the primary government as follows: Governmental activities: General government $ 20,457 Public works 151,392 Public safety 477,325 Culture and recreation 68,189 Total depreciation expense - governmental activities $ 717,363 Business -type activities: Water and wastewater $ 404,289 Total depreciation expense - business -type activities $ 404,289 Discretely presented component units A summary of discretely presented component units' capital assets for the year ended September 30, 2008, follows: Beginning Ending Balance Increases Decreases Balance Capital assets, not being depreciated: Land $ 320,618 $ - $ - $ 320,618 Construction in progress 55,863 560,484 - 616,347 Totals, capital assets, not being depreciated 376,481 560,484 - 936,965 Capital assets, being depreciated: Buildings 1,200,500 - - 1,200,500 Totals, capital assets being depreciated 1,200,500 - - 1,200,500 Less accumulated depreciation for: Buildings - 60,025 - 60,025 Total accumulated depreciation - 60,025 - 60,025 Total capital assets, being depreciated, net 1,200,500 (60,025) - 1,140,475 Capital assets, net $ 1,576,981 $ 500,459 $ - $ 2,077,440 (continued) 36 4. DETAILED NOTES ON ALL FUNDS (Continued) Interfund Receivables, Payables and Transfers The composition of interfund balances as of September 30, 2008 is as follows: Due to /from other funds: Receivable Fund - General Total Payable Fund Amount Nonmajor Governmental $ 11,467 $ 11,467 The outstanding balances between funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2)_ transactions are recorded in the accounting system, and (3) payments between funds are made. Interfund transfers: Transfers In Nonmajor Governmental Street Improvement Fund General General Total Transfers Out Amount General $ 255,987 Nonmajor Governmental 250,000 Water and Wastewater 20,000 General 73,659 $ 599,646 The transfers were used to move unrestricted revenues collected in various funds to finance various programs that the government must account for in other funds in accordance with budgetary authorizations. Capital Leases The City has acquired certain fixed assets for governmental and business -type activities through the use of lease purchase agreements. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception date. The assets acquired through capital leases are as follows: Governmental Activities Assets: Machinery and Equipment Less: Accumulated depreciation Total $ 548,492 (358,695) $ 189,797 (continued) 37 Business -Type Activities $ 218,489 (47,572) $ 170,917 Total $ 766,981 $ ( 406,267 $ 360,714 4. DETAILED NOTES ON ALL FUNDS (Continued) Capital Leases (Continued) The future minimum lease obligations and the net present value of these minimum lease payments as of September 30, 2008, were as follows: Year Ending September 30, 2009 2010 2011 2012 2013 2014 -2018 Total minimum lease payments Less: amount representing interest Present value of minimum lease payments Long -term Debt General Obligation Bonds Governmental Business -Type Activities Activities $ 62,007 $ 39,213 62,007 39,213 62,007 39,213 62,007 39,213 43,255 - 43,255 - 334,538 156,852 42,488 17,319 $ 292,050 $ 139,533 The City issues certificates of obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business -type activities. These bonds are reported in the proprietary funds if they are expected to be repaid from proprietary fund revenue. The original amount of general obligation bonds issued in prior years was $8,055,000. During the year, certificates of obligation bonds totaling $7,235,000 were issued for street, curb and sidewalk improvements as well as utility relocation and drainage improvements. General obligation bonds are direct obligations and pledge the full faith and credit of the government. These bonds generally are issued as 20 -year serial bonds with equal amounts of principal maturing each year. General obligation bonds currently outstanding are as follows: Purpose j Governmental activities Governmental activities - refunding Business -type activities Business -type activities - refunding Interest Rates Amount 3.65-4.65 $ 7,770,000 3.97 2,571,888 4.10 2,805,000 - 3.97 1,593,113 $ 14,740,001 (continued) 38 4. DETAILED NOTES ON ALL FUNDS (Continued) Lon14-term Debt (Continued) Annual debt service requirements to maturity for general obligation bonds are as follows: Year Ending , Governmental Activities Business -type Activities September 30, Principal Interest Principal Interest 45,000 8,918 2011 2009 $ 379,675 $ 425,022 $ 180,325 $ 174,607 2010 385,850 408,939 189,150 167,140 2011 365,113 393,500 199,888 159,278 2012 423,200 375,796 206,800 151,059 2013 434,375 358,077 210,625 142,623 2014-2018 2,792,587 1,480,944 1,197,413 575,337 2019-2023 3,401,413 829,782 1,348,587 310,488 2024-2028 2,159,675 212,299 865,325 67,707 Total $ 10,341,888 $ 4,484,359 $ 4,398,113 $ 1,748,239 General obligation bonds are subject to the provisions of the Internal Revenue Code of 1986 related to arbitrage and interest income tax regulations under those provisions. Revenue Bonds During fiscal year 2007, the City issued $300,000 in governmental revenue bonds. The bonds were issued to finance general construction projects. Bond requirements to maturity are as follows: Year Ending Governmental Activities September 30, Principal Interest 2009 $ 40,000 $ 10,658 2010 45,000 8,918 2011 45,000 7,069 2012 45,000 5,111 2013 50,000 1,088 Total $ 225,000 $ 32,844 Loan Payable The City entered into a loan agreement for financing a project that includes the relocation of utilities along a roadway. The original amount of the loan was $857,189. The loan balance currently outstanding is as follows: Purpose Interest Rate Amount Business -type activities 4.0% $ 240,131 I (continued) 39 4. DETAILED NOTES ON ALL FUNDS (Continued) Lon>? -term Debt (Continued) Loan Payable (Continued) Annual debt service requirements to maturity for the Loan Payable are as follows: Year Ending Business -type Activities September 30, Principal Interest 2009 $ 117,711 $ 9,605 2010 122,420 4,897 Total $ 240,131 $ 14,502 The various bond obligations contain certain financial limitations and restrictions. The ordinances authorizing the issuance of certificates of obligation bonds created an interest and sinking fund (general debt service fund). The ordinances require the City to ascertain a rate and amount of tax which will be sufficient to pay interest as it comes due and provide a reserve fund which is adequate to meet principal as it matures. The City is in compliance with all such significant financial restrictions. Changes in Long -term Liabilities Long -term liability activity for the year ended September 30, 2008, was as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Government activities General obligation bonds $ 3,485,388 $ 7,235,000 $ 378,500 $ 10,341,888 $ 379,675 Premium on bonds - 62,571 - 62,571 - Revenue bonds 265,000 - 40,000 225,000 40,000 Capital leases 342,704 - 50,654 292,050 49,321 Compensated absences 230,427 152,082 147,589 234,920 46,984 Governmental activity Long -term liabilities $ 4,323,519 $ 7,449,653 $ 616,743 $ 11,156,429 $ 515,980 Business -type activities General obligation bonds $ 4,569,613 $ - $ 171,500 $ 4,398,113 $ 180,325 Loan payable 353,315 - 113,184 240,131 117,711 Capital leases 177,613 - 38,080 139,533 32,446 Compensated absences 8,337 9,537 1,584 16,290 3,258 Business -type activity Long -term liabilities $ 5,108,878 $ 9,537 $ 324,348 $ 4,794,067 $ 333,740 The compensated absences liability attributable to the governmental activities will be liquidated primarily by the General Fund. (continued) 40 4. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long -Term Debt Long -term liability activity for the year ended September 30, 2008, was as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Revenue bonds 1,200,000 - 30,000 - 1,170,000 30,000 Long -term liabilities 1,200,000 - 30,000 1,170,000 30,000 Other Information Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The City's risk management program encompasses obtaining property and liability insurance through Texas Municipal League (TML), an Intergovernmental Risk -Pool. The City has not had any significant reduction in insurance coverage and the amounts of insurance settlements have not exceeded insurance coverage for any of the last three years. The participation of the City in TML is limited to payment of premiums. During the year ended September 30, 2008, the City paid premiums to TML for provisions of various liability, property and casualty insurance. The City has various deductible amounts ranging from $500 to $5,000 on various policies.. At year -end, the City did not have any significant claims. The City also provides workers' compensation insurance on its employees through TML. Workers' compensation is subject to change when audited by TML. At year -end, September 30, 2008, the City believed the amounts paid on workers' compensation would not change significantly from the amounts recorded. Continizent Liabilities Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies, principally the federal government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. The City is periodically the defendant in lawsuits arising principally in the normal course of operations. In the opinion of management, the outcome of these lawsuits will not have a material adverse effect on the accompanying financial statements and, accordingly, no provision for losses has been recorded. (continued) 41 4. DETAILED NOTES ON ALL FUNDS (Continued) Retirement Plan Plan Description The City provides pension benefits for all of its full -time employees through a nontraditional, joint contributory, hybrid defined benefit plan in the state -wide Texas Municipal Retirement System (TMRS), one of 827 administered by TMRS, an agent 3 multiple-employer ee valuations b are employee retirement system. All assumptions for the December contained in the 2007 TMRS Comprehensive Annual Financial Report, a copy of which may be obtained by writing to P.O. Box 149153, Austin, Texas 78714 -9153. Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the City- financed monetary credits, with interest. At the date the plan began, the City granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent (100 %) of the employee's accumulated contributions. In addition, the City can grant, as often as annually, another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumulated with interest if the current employee contribution rate and City matching percent had always been in existence and if the employee's salary had always been the average of his salary in the last three years that are one year before the effective date. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with. interest and the employer- financed monetary credits with interest were used to purchase an annuity. Members can retire at ages 60 and above with 5 or more years of service or with 20 years of service regardless of age. A member is vested after 5 years. The plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS and within the actuarial constraints also in the statutes. (continued) 42 4. DETAILED NOTES ON ALL FUNDS (Continued) Retirement Plan (Continued) Contributions The contribution rate for the employees is 7 %, and the City matching ration is currently 2 to 1, both as adopted by the governing body of the City. Under the state law governing TMRS, the actuary annually determines the City contribution rate. This rate consists of the normal cost contribution rate and the prior service cost contribution rate, both of which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the currently accruing monetary credits due to the City matching percent, which are the obligation of the City as of an employee's retirement date not at the time the employee's contributions are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of the City to each employee at the time his/her retirement becomes effective. The prior service contribution rate amortizes the unfunded (over funded) actuarial liability (asset) over the remainder of the plan's 25 -year amortization period. The unit credit actuarial cost method is used for determining the City contribution rate. Both the employees and the City make contributions monthly. Since the City needs to know its contribution rate in advance for budgetary purposes, there is a one -year delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the rate goes into effect (i.e. December 31, 2006 valuation is effective for rates beginning January 2008). Assumptions and Schedule of Actuarial Liabilities and Funding Progress Actuarial Cost Method Amortization Method Remaining Amortization Period Asset Valuation Method Investment Rate of Return Projected Salary Increases Includes Inflation at Cost -of- living Adjustments Payroll Growth Assumption Withdrawal Rates for Male /Female Actuarial Valuation Date Actuarial value of assets Actuarial accrued liability Percentage funded Unfunded actuarial accrued liability (UAAL) Annual covered payroll UAAL as percentage of covered payroll Net pension obligation (NPO) at beginning of period Annual pension cost: Annual required contribution (ARC) Contributions made Increase in NPO NPO at the end of the period - Projected Unit Credit - Level Percent of Payroll - 25 Years - Closed Period - Amortized Cost - 7% - Varies by Age and Service - 3.0% - 2.1% (3.0% CPI) - 3.0% - Mid/Mid 12/31/07 12/31/06 12/31/05 $ 3,574,103 $ 2,976,832 $ 2,602,120 5,609,304 4,050,957 3,582,597 63.7% 73.5% 72.6% 2,035,201 1,074,125 980,477 3,249,914 3,139,372 3,082,802 62.6% 34.2% 31.8% 341,863 305,896 235,338 341,863 305,896 235,338 (continued) 43 4. DETAILED NOTES ON ALL FUNDS (Continued) Retirement Plan (Continued) At its December 8, 2007 meeting, the TMRS Board of Trustees adopted actuarial assumptions to be used in the actuarial valuation for the year ended December 31, 2007. A summary of actuarial assumptions and definitions can be found in the December 31 2007 TMRS Comprehensive Annual Financial Report (CAFR). Since its inception, TMRS has used the Unit Credit actuarial funding method. This method accounts for liability accrued as of the valuation date, but does not project the potential future liability of provisions adopted by a city. Two - thirds of the cities participating in TMRS have adopted the Updated Service Credit and Annuity increases provisions on an annually repeating basis. For, the December 31, 2007 valuation, the TMRS Board determined that the Projected Unit Credit (PUC) funding method should be used, which facilitates advance funding for future updated service credits and annuity increases that are adopted on an annually repeating basis. In addition, the Board also adopted a change in the amortization period from a 25 -year "open" to a 25 -year "closed" period. TMRS Board of Trustee rules provide that, whenever a change in actuarial assumptions or methods results in a contribution rate increase in an amount greater than 0.5 %, the amortization period will be increased to 30 years, unless a city requests that the period remain at 25 years. For cities with repeating features, these changes would likely result initially in higher required contributions and lower funded ratios; however, the funded ratio should show steady improvement over time. To assist in this transition to higher rates, the Board also approved an eight -year phase -in period, which will allow cities the opportunity to increase their contributions gradually (approx. 12.5% each year) to their full rate (or their required contribution rate). If the changes in actuarial funding method and assumptions had not been adopted for the 2007 valuation, the City's unfunded actuarial accrued liability would have been $1,091,541 and the funded ratio would have been 76.6 %. f In addition, TMRS is currently working on its legislative package for 2009. There is a possibility that the investment rate of return (IRR) assumption of 7% would need to be lowered if desired legislation for the 2009 session is unsuccessful. Maintaining a 7% IRR assumption is contingent in part on the continued diversification of the TMRS portfolio, from an almost exclusive bond portfolio to a portfolio that includes equities as well. If state legislation needed to facilitate the continued diversification is not enacted, TMRS may have to revisit the continued diversification of the portfolio and consider reducing the assumed IRR. A reduction in the IRR would result in increased actuarial accrued liabilities, thus causing further increases in City contribution rates, following the December 31, 2009 actuarial valuation. 44 THIS PAGE LEFT BLANK INTENTIONALLY COMBINING FUND STATEMENTS AND SCHEDULES THIS PAGE LEFT BLANK INTENTIONALLY i NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds are used to account for specific revenue that is legally restricted to expenditures for particular purposes. Police Seizure — to account for the receipt and, expenditures of revenues derived from crime seizures that are for police purposes. Homeland Security — to account for grant revenue that is legally restricted to expenditures for homeland security. LEOSE — to account for grant revenue that is legally restricted to expenditures for LEOSE program. The Debt Service Fund is used to account for the accumulation of resources and payment of general obligation bond principal and interest from govermnental resources. The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of general major capital facilities. Financing is provided primarily by the sale of general obligation bonds and developer contributions. Park Dedication — to account for the acquisition, improvement and maintenance of park areas funded by neighborhood parkland dedication fees. Capital Projects — to account for various constructions within the city from funds contributed by third parties. Roadway Impact Fee — to account for the assessments to developers on projects identified in the roadway impact fee study that was adopted by the City Council on May 9, 2002. Library Building — to account for the construction of a new library from funds contributed by third parties. CITY OF KENNEDALE, TEXAS COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2008 ASSETS Cash and investments Receivables (net of allowance for uncollectibles); Taxes Other Total assets LIABILITIES Due to other funds Deferred revenue Total liabilities FUND BALANCES Reserved for debt service Unreserved Total fund balances Total liabilities and fund balances Special Revenue Funds Police Homeland LEOSE Debt Seizure Security Fund Service $ 8,251 $ 115 $ 3,159 $ 45,162 48,325 $ 8,251 $ 115 $ 3,159 $ 93,487 44,721 44,721 48,766 8,251 115 3,159 - 8,251 115 3,159 48,766 $ 8,251 $ 115 $ 3,159 $ 93,487 45 i i i 46 i r Capital Projects Funds Total Roadway Nonmajor Park Capital Impact Library Governmental Dedication Projects Fee Building Funds $ 574,025 $ - $ 62,134 $ 9,879 $ 702,725 - _ _ 48,325 - 11,467 - - 11,467 $ 574,025 $ 11,467 $ 62,134 $ 9,879 $ 762,517 $ _ $ 11,467 $ - $ - $ 11,467 44,721 _ 11,467 - - 56,188 - 48,766 574,025 - 62,134 9,879 657,563 574,025 - 62,134 9,879 706,329 $ 574,025 $ 11,467 $ 62,134 $ 9,879 $ 762,517 i i i 46 i r CITY OF KENNEDALE, TEXAS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED SEPTEMBER 30, 2008 REVENUES Property taxes Intergovernmental Fines and forfeitures Licenses and permits Investment earnings Contributions Other Total revenues EXPENDITURES Current: Public safety Public works Debt service: Principal Interest and fiscal charges Capital outlay Total expenditures EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES(USES) Transfers out Transfers in Total other financing sources NET CHANGE IN FUND BALANCES FUND BALANCES, BEGINNING FUND BALANCES, ENDING 637 EIS] 077 7,352 $ 8,251 $ - - Special Revenue Funds - - 248,077 Police Homeland LEOSE Debt Seizure Security Fund Service $ - $ - $ - 664,788 - - 2,109 - 235 3 75 4,535 664 - - - 899 3 2,184 669,323 637 EIS] 077 7,352 $ 8,251 $ - - 450,944 - - 248,077 - 637 699,021 3 1,547 ( 29,698) 3 1,547 ( 29,698) 112 1,612 78,464 115 $ 3,159 $ 48,766 47 I 48 Capital Projects Funds Total Roadway Nonmajor Park Capital Impact Library Governmental Dedication Projects Fee Building Funds $ $ $ _ $ - $ 664,788 2,109 _ 2,424 2,424 _ 37,377 - 37,377 14,855 508 9,007 258 29,476 100,000 - - - 100,000 - 100,755 - - 101,419 114,855 101,263 46,384 2,682 937,593 i' 637 979 979 450,944 248,077 14,804 357,250 - - 372,054 14,804 357,250 979 - 1,072,691 100,051 255,987 45,405 2,682 135,098 _ ( 250,000) - ( 250,000) 255,987 - - 255,987 - 255,987 250,000 - 5,987 100,051 - ( 204,595) 2,682 ( 129,111) 473,974 - 266,729 7,197 835,440 $ 574,025 $ - $ 62,134 $ 9,879 $ 706,329 I 48 CITY OF KENNEDALE., TEXAS DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES FOR THE YEAR ENDED SEPTEMBER 30, 2008 Variance Budget Positive Original Final Actual (Negative) REVENUES Taxes - property $ 668,438 $ 668,438 664,788 $( 3,650) Investment earnings 3,500 3,500 4,535 1,035 Total revenues 671,938 671,938 669,323 ( 2,615 EXPENDITURES Debt service: Principal 225,944 430,944 450,944 ( 20,000) Interest and fiscal charges 159,749 269,749 248,077 21,672 Total debt service 385,693 700,693 699,021 1,672 ' Total expenditures 385,693 700,693 699,021 1,672 NET CHANGE IN FUND BALANCE 286,245 ( 28,755) ( 29,698) ( 943) FUND BALANCE, BEGINNING 78,464 78,464 78,464 - FUND BALANCE, ENDING $ 364,709 $ 49,709 $ 48,766 $ ( 943) is ii 49 STATISTICAL SECTION THIS PAGE LEFT BLANK INTENTIONALLY STATISTICAL SECTION (Unaudited) This part of City of Kennedale, Texas' comprehensive annual financial report presents multiple years of data to provide a historical perspective for understanding the information available in the financial statements, note disclosures, and required supplementary information and for assessing the City's overall financial health. Contents Page Financial Trends 50 These schedules contain trend information to help the reader understand how the City's financial performance and well -being have changed over time. Revenue Capacity 56 These schedules contain trend information to help the reader assess the City's most significant local revenue resources. Although sales taxes are the City's most significant local revenue source, information about revenue base is unavailable and information about principal revenue payers is confidential under Texas statues. Trend information about sales tax revenues is provided in Table 2. Additionally, information about the City's second most significant local revenue source, the property tax, is provided. Debt Capacity 60 These schedules contain trend information to help the reader assess (_ the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Economic and Demographic Indicators 65 These schedules contain economic and demographic information to help the reader understand the environment within which the City's financial activities take place. Operating Information 67 These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services and activities performed by the City. Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. THIS PAGE LEFT BLANK INTENTIONALLY TABLE 1 CITY OF KENNEDALE, TEXAS NET ASSETS BY COMPONENT LAST THREE FISCAL YEARS Fiscal Year 2008 2007 2006 Governmental activities: Invested in capital assets, net of related debt $ 12,612,099 $ 12,344,055 $ 12,250,813 Restricted 48,766 78,464 259,631 Unrestricted 3,766,881 3,921,649 3,995,504 Total governmental activities net assets $ 16,427,746 $ 16,344,168 $ 16,505,948 Business -type activities: Invested hi capital assets, net of related debt $ 7,664,665 $ 6,903,231 $ 8,553,929 Restricted - 924,985 924,985 Unrestricted 3,885,235 3,563,454 1,515,805 Total business -type activities net assets $ 11,549,900 $ 11,391,670 $ 10,994,719 Primary government Invested in capital assets, net of related debt $ 20,276,764 $ 19,247,286 $ 20,804,742 Restricted 48,766 1,003,449 1,184,616 Unrestricted 7,652,116 7,485,103 5,511,309 Total primary government net assets $ 27,977,646 $ 27,735,838 $ 27,500,667 Note: The City began to report accrual information when it implemented GASB Statement 34 in fiscal year 2004. 50 CITY OF KENNEDALE, TEXAS CHANGES IN NET ASSETS LAST THREE FISCAL YEARS EXPENSES .Governmental activities: General government Public safety Public works Culture and recreation Interest on long -term debt Total governmental activities expenses Business -type activities: Water and wastewater Total business -type activities expenses Total primary government program expenses PROGRAM REVENUES Governmental activities: Charges for services Operating grants and contributions Capital grants and contributions Total governmental activities program revenues Business -type activities: Charges for services Capital grants and contributions Total business -type activities program revenues Total primary government program revenues NET (EXPENSE) REVENUES Governmental activities Business -type activities Total primary government net expense TABLE 2 Fiscal Year 2008 2007 2006 I $ 1,614,745 $ 1,051,485 $ 1,069,043 3,843,086 3,895,186 3,807,180 1,162,378 1,227,223 1,030,851 273,145 251,217 254,602 297,360 184,457 191,755 7,190,714 6,609,568 6,353,431 2,542,766 2,377,911 2,628,222 2,542,766 2,377,911 2,628,222 $ 9,733,480 $ 8,987,479 $ 8,981,653 $ 1,225,316 $ 1,262,149 $ 1,967,279' 143,139 191,039 99,692 402,146 - 1,397,176 1,770,601 1,453,188 3,464,147 2,585,218 2,552,255 3,209,086 - - 843,221 2,585,218 2,552,255 4,052,307 $ 4,355,819 $ 4,005,443 $ 7,516,454 $( 5,420,113) $( 5,156,380) $( 2,889,284) 42,452 174,344 1,424,085 $ ( 5,377,661) $ ( 4,982,036) $ ( 1,465,199) (continued) 51 CITY OF KENNEDALE, TEXAS CHANGES IN NET ASSETS (Continued) LAST THREE FISCAL YEARS Fiscal Year 2008 GENERAL REVENUES AND OTHER CHANGES IN NET ASSETS Governmental activities: 693,093 Taxes 973,244 Property 3,194,210 Franchise 704,743 Sales 993,288 Investment earnings 190,424 Miscellaneous 401,026 Transfers 20,000 Total governmental activities 5,503,691 Business -type activities: Investment earnings 135,778 Miscellaneous - Transfers ( 20,000) Total business -type activities 115,778 Total primary government 5,619,469 CHANGE IN NET ASSETS Governmental activities 83,578 Business -type activities 158,230 Total primary government $ 241,808 2007 2006 2,891,614 2,638,356 693,093 511,818 973,244 1,069,028 242,876 239,006 193,773 173,600 214,352 8,255 5,217,207 TABLE 2 86,434 6,978 4,725,220 ( 161,780) 1,742,524 396,951 1,517,497 $ 235,171 $ 3,260,021 Note: The City began to report accrual information when it implemented GASB Statement 34 in fiscal year 2004 52 M 1-� Fq W � a V M 00 00 �o h In � �o '.d 'd v 7 00 <t d N N N O O, 69 69 69 69 N N 00 0\ Q9 69 69 69 �n N b lo .-: m of d� lo 0 0 N 0 N o o c 00 O 69 69 69 FH N M lO 01 h N 00 I c< M 00 vl 00 L n h ~ 00 vi In N O o0 O O\ O\ 69 69 G-i 69 O rn O w oc t [� o h In m �o o C) t o N rr '-." 69 69 69 69 oo oo r r rn oo n N ' M p ti w g o 0 N Gn cl o ol: rn M oo h t o r r It oo rn 0 oo rn o 0 N Qq „ N vo`i In O N ^� 69 19 69 69 m N v) oo 00 lo r o In D a, � 7 O O N 69 69 09 69 o) I H. N � rt O V N e O O d m o0 N In h o o M M 69 69 69 (f3 ��cf q u y b _ F a C7 Q M W I-� H h oo O N N rn t'D o0 0o rn h rn m h rn t t t V) N O N M N N t O m oo h C) h o0 o0 1 N O N a\ t O a\ oo In t- t� m O M N t Vl Q\ a\ M m N N t O� O 7, a, O N Q1 m'0 h l v r V w b .-. 1 t N C) O N t O � N LL W O 0o C - O M M V1 D\ h a\ 10 m M h t_ h b Q — u (7� 00 M r-- A O 0o h O N ! n M O lD V) � O M La O O M V) M m U h h L V] W O M O M 0o V n m t t t W E. � o h t� al o0 t 10 N 10 U U N M O h o0 10 'D M O O N N O t M M h V1 o0 V) 00 O N 0o O oo O V) ao t D\ o0 lD V1 00 ' D\ U W I-� H h oo O N N rn t'D o0 0o rn h rn m h rn t t t V) N 0o M m t Vl [� lD ID D\ N M N N t O m oo o0 CO tl- N 'r r h o0 o0 1 N m O — a\ t O a\ oo In t- t� m O oo 10 M N t Vl Q\ a\ M m N N t O� O 7, a, o, N Q1 m'0 h l v r V w b .-. 1 t N o0 Eft O 0o C - O M M V1 D\ h a\ 10 m M h t_ h b o0 C a\ h io N h 10 t M a\ — N h (7� 00 M r-- U M O 0o h O< ! n M O lD V) � O M N m O O M V) M m U h h �--� Vl �o O M O M 0o V n m t t t m Q\ t W 0\ M t h t� al o0 t 10 10 69 N M O h o0 10 'D M N O t M M h V1 o0 V) 00 10 o0 0o O oo O V) ao t h N o0 00 to un V1 U1 lc t l0,. M o0 o0 lD V1 00 ' D\ U t o0 'D O t� 00 N O .-� 10 M .. oo N oo m N m V1 M h N N D\ lc� O H O 10 m O O O 'n h t h N h V1 U 'D r t 10 .-. .-. ,-. 10 (.9 M N M N V) o7 N 0o U N m N t N rn of t t 10 h N O n 'D O N t- a\ N oo CO 10 V1 �D Vl t t N O Vl Vl h O C O t O a l l O lD a\ h lD O1 69 t t Vl M N M l� M Vl Vl 'r N O\ �D O\ r- DD h O 0\ \O V1 t O V) On ( n t a\ in l r O O N O lD O N! n'o oo O h M lD h O N W On to oo 0o M O rn h w oo rn O It r- rl 0a N o, o0 O o0 m t t O lD m Vl O, h 0 la o0 m h 0 t Vl t M In t lD (D N V) al C) 'n a, N m N M N O t V) (D al t� N In 0 `D 00 M m On oo N t N D\ M a1 vi o0 lO 'o O m M M M In V) DD [� O 'o O� w (- O W o0 N \D o0 N O Vi A N N V) h o� 'D rn t rn oo 00 N N O M N h N t (9 N a0 O al lD cV al lD V) It t t M 0 d' O M M a\ N It -, oc rn a\ N v'i h h o. v1 o, It a\ t__ N O �o It h m M l m N N O N c �o N N o N oo t N M m O O oo V) ' lo m N M N N t N r M o h b t T oo t M m a\ rn t N N Ln N N rn O, N rn oo oo h V1 N oo 0o M ID Vi M N oo -. h N a, M .--i 'D I n r Olc V) a� t t a\ 'D a\ Vl o0 00 M lo M N OO V) O h O a� Vi N O M Vl N a\ N O h In N to to M h t 00 o0 h 69 t lO Q\ t O V7 m h lD N lD O N O V1 O M _� o r t oo N h o0 o� O lo o m ID N n c D V1 c,� h t a) m m ON t h o0 m O\ M t o0 V) h N 'D 'o W h O o0 O a\ N oo �D 'D 'n O 'D t V) --i Vl t lD h D1 h N N t N t t V) oo ao �o tr) t �o 00 0o m Vi N rn t h o0 O m 0 V) 00 h t o t- ON O In O! n V1 N lD V) t O N �+'� M Cl t t t N to M 0 O ti O M M lD h v- M M M N v') O� t h t O c N ~ b N m M 69 N LY ti N N q 'D N C Gy (/] ❑D.j i.. •^ N fd G� lam. CC ate+ r+ to �' D � � C O N b R. W y F7 o N ti lr N V] cH CL y y y b W '.-y 6'� '�7 M C's p a ti y C qp uo oA A " bl, Ucn.p O P ;J o '+�' N rR Oa aU(� WC7asis q 0 kn w a b w� a U W U 00 lr N r r U O\ r l M lo O tr) N h M N r r lo 69 69 r t- O 7 V' lo _p M M o0 C h N N Q` O V M N N N 69 v 69 to 0 r r r N N lo O ' , O n � O V O N 69 69 �D O C7 00 a0 to O\ o V ' t= n vi O\ M O\ Ol o r r r N 69 � 69 rn N N Ol c N n N m o rn rn O rn G m O lo lo N 69 69 N n v t r i lo oo rn �n �o rn rn oo m m C O N N O� c O M M o v r rn v� r a M O O M N r c7l o 69 o o o o _ o 00 o0 0 O W M M W O 69 r r o r r r r O lo �o M In N N V 69 69 W � o M O m T T oo oo w T of O O N M M M 69 69 � tC l M rn h C4 W ho A A ,a Z z W p W O �aawa t- ADO W TABLE 5 Source: Tarrant County Appraisal District Note: Property in the city is reassessed each year. Property is assessed at actual value; therefore, the assessed values are equal to actual value. 56 CITY OF KENNEDALE ASSESSED AND ACTUAL VALUE OF TAXABLE PROPERTY (Unaudited) LAST TEN FISCAL YEARS TAXABLE ASSESSED TOTAL TOTAL ESTIMATED VALUE AS A TAXABLE DIRECT ACTUAL PERCENTAGE OF FISCAL ASSESSED TAX TAXABLE ACTUAL YEAR VALUE RATE VALUE TAXABLE VALUE 1999 $ 187,259,946 0.611381 $ 187,259,946 100.0% 2000 214,787,434 0 214,787,434 100.0% 2001 233,819,195 0.635000 233,819,195 100.0% 2002 260,344,707 0.692500 260,344,707 100.0% 2003 295,105,130 0.712500 295,105,130 100.0% I ! 2004 310 0.732500 310,501,026 100.0% 2005 333,704,742 0.722500 333,704,742 100.0% 2006 355,857,239 0.722500 355,857,239 100.0% 2007 387,653,132 0.722500 387,653,132 100.0% 2008 435,040,102 0.722500 435,040,102 100.0% Source: Tarrant County Appraisal District Note: Property in the city is reassessed each year. Property is assessed at actual value; therefore, the assessed values are equal to actual value. 56 Fz1 I ; 0 t- 1 tt- t t 0 0 rn � rn rn r7 c id 0 V 0 d 0 �t 0 d 0 d 't N m kn m ul m v") m O H 0 Q U x q o 0 0 0 0 0 0 0 0 0 69 69 69 69 69 69 cA 69 69 69 0 0 0 0 r, 0 0 00 0 00 0 00 0 00 0 00 Cd a) " d -t It dt d m U m m M M O' 0 0 0 0 o m ON m ON m U M Cl) y U U Q o 0 0 0 0 0 0 0 0 0 i 69 69 69 69 69 69 69 69 69 69 i ca M (n 00 t4l) 00 V) 00 0 O 0 O 0 O 0 O 0 O p 45 00 00 (- t t� Vl Vl kn h V1 O N N N N N N N N N N U O O O O O O O O O O W 69 69 69 69 69 69 69 69 69 69 f y � '] Q N c� 00 ON t` ON t t� 0 N d kr) N kr) N N N �o M o [-� O O N N m �t O dt O It O O N 00 'n O W U V1 00 00 00 t� M a 69 69 69 69 69 69 69 69 69 69 Pi A U � o0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 a, � W w +� 'B U m o o W) N v) N tn N N �n N v) N v� N z z m m O O O O O O O O O O 69 69 69 69 69 69 64 69 69 s9 N o a A o bo P-4 U 69 69 69 69 69 69 69 69 69 09 U q O O 0 N t-- v 0000 rn C \D m o0 y O V) 00 O rt m \D N N kn �o t- O O t` M d' 00 rn O cd N Q O O O O �--� O �--� O O O O O O Cl O O O O O U N O „D Uj o 69 69 69 69 69 69 69 69 69 69 � Q O O O M t . -� N � It 000 m N 00 It Vl 00 00 kn H N a) \�O d to N rn t- t d m N m It N .00 N N t` p U Vq In V1 kr) \�O \,D �,O \,C �C h p .cd O O O O O O O O O O 69 69 69 69 69 69 69 69 69 69 N Sri 0 U O ON 0� O N O N O N O N O N O N O N O N O N O CIO �p H w� TABLE 7 Source: Tarrant Appraisal District (October 1, 2007 Top Taxpayers & October 1, 1999 Top Taxpayers) 58 CITY OF KENNEDALE, TEXAS PRINCIPAL PROPERTY TAXPAYERS CURRENT YEAR AND NINE YEARS AGO 2008 1999 Percentage Percentage of Total City of Total City Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Taxpayer Value Value Value Value Goss International Americas, Inc $ 8,198,051 1.88% - % FWT Inc 7,050,884 1.62% $ 5,760,000 3.08% TXU Electric Delivery Co 6,812,035 1.57% 4,721,655 2.52% Southwestern Bell 6,634,630 1.53% 9,419,238 5.03% Excel Polymers LLC 6,535,842 1.50% - - % Hawk Steel Industrial Inc. 6,343,626 1.46% - % Harrsion Jet Guns I1 LP 5,434,025 1.25 %. - % Rebar Services & Supply Co. 3,716,001 0.85% - % Bloxom, DE Sr..Fnd Rp Hold LLC 3,121,309 0.72% - % Eagle Pipeline-Construction Co 3,087,760 0.71% % Heidelberg Harris, Inc. 17,157,050 9.16% Chase Elastoner Corp. 2,726,463 1.46% Speed Fab -Crete Corp. Intl. 2,427,209 1.30% Tealwood Apartments Ltd Prtshp 1,948,421 1.04% Ma Hanna Co 1,798,588 0.96% Sovran Acquisition Ltd Prtshp 1,282,641 0.68% Storage Trust Properties - - 891,565 0.48% Total $ 56,934,163 13.09 $ 48,132,830 25.70 Total City Taxable Assessed Value 435,040,102 187,259,946 Source: Tarrant Appraisal District (October 1, 2007 Top Taxpayers & October 1, 1999 Top Taxpayers) 58 TABLE 8 CITY OF KENNEDALE, TEXAS PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Sources: Tarrant County Tax Office, Summary Part C 59 Collected With the i Taxes Levied Fiscal Year of the Levy Collections Total Collections to Date Fiscal for the Percentage in Subsequent Percentage Year Ended Fiscal Year Amount of Levy Years Amount of Levy 1999 $ 1,144,903 $ 1,131,966 98.87% $ 22,211 $ 1,154,177 100.81% 2000 1,363,902 1,312,210 96.21% 22,641 1,334,851 97.87% 2001 1,484,751 1,433,676 96.56% 36,376 1,470,052 99.01% 2002 1,802,887 1,752,406 97.20% 38,582 1,790,988 99.34% 2003 2,102,624 2,018,440 96.00% 34,386 2,052,826 97.63% 2004 2,274,420 2,199,137 96.69% 68,687 2,267,824 99.71% 2005 2,411,016 2,340,855 97.09% 79,082 2,419,937 100.37% 2006 2,571,068 2,530,550 98.42% 59,244 2,589,794 100.73% 2007 2,800,793 2,748,063 98.12% 56,046 2,804,109 100.12% 2008 3,143,164 3,103,078 98.72% - 3,103,078 98.72% Sources: Tarrant County Tax Office, Summary Part C 59 y 'S C7 O O O O, M �o m h m O O O o0 O 00 00 [� M N O O O h o0 h h kO h O O W) N ON O\ ON m M �o O V rC ^{ + t l O h M— 7 O� M h p n d' N M O 0 h o lO H V1 h Vl io 'O 'O 'O 'O O� ti a p c7 1 0 �o m M 1 00 o � m N 10 O — m U a) O O M N 69 w) h h h h h h O M m p 0o rn 00 �O m N V1 Oi W o 0o n O h o 0 lc 0 0 CT 00 h �O V7 M rn O O o n 1� O v � � In � Cl 64 °p o pP� o a � . t E- t - - O 18 N i i I V) d' --� "I h C ... 00 d h ' d' 00 dN' rn N m (+1 W) Cl) M N U •� 00 iD a0 �-i N M O �--� w0 ai N O\ W M M N N N co lO d' M U O 0 0 0 ° o o ° o q O � N M N N 0 . . . . . . . . . . 0 Q c� o\ O — N M V" �o � W p CT 0 0 0 0 0 0 0 0 0 W 0� N N N N N N N N N 4 7 7 � o O � a 3 � y o ca o m a i 1 Go i t C a i F . / d F G C 4 0 h N w 00 O, •-1 O, V1 U m w O io �o " 0 00 �o O O\ a\ N p� aU T rno.oOrn o [� 6A N c� m 0 0 0 0 0 0 0 o e O� Vl DD U h h oo h h Vl M y V 0 0 0 0 0 0 0 0 0 0 a. o O � y 'S C7 O O O O, M �o m h m O O O o0 O 00 00 [� M N O O O h o0 h h kO h O O W) N ON O\ ON m M �o O V rC ^{ + t l O h M— 7 O� M h p n d' N M O 0 h o lO H V1 h Vl io 'O 'O 'O 'O O� ti a p c7 1 0 �o m M 1 00 o � m N 10 O — m U a) O O M N 69 w) h h h h h h O M m p 0o rn 00 �O m N V1 Oi W o 0o n O h o 0 lc 0 0 CT 00 h �O V7 M rn O O o n 1� O v � � In � Cl 64 °p o pP� o a � . t E- t - - O 18 N i i I V) d' --� "I h C ... 00 d h ' d' 00 dN' rn N m (+1 W) Cl) M N U •� 00 iD a0 �-i N M O �--� w0 ai N O\ W M M N N N co lO d' M U O 0 0 0 ° o o ° o q O � N M N N 0 . . . . . . . . . . 0 Q c� o\ O — N M V" �o � W p CT 0 0 0 0 0 0 0 0 0 W 0� N N N N N N N N N 4 7 7 � o O � a 3 � y o ca o m a i 1 Go i t C a i F . / d F G C 4 0 W A A r„I C7 � v � z H H O H O � � U O H y 'S C7 O O O O, M �o m h m O O O o0 O 00 00 [� M N O O O h o0 h h kO h O O W) N ON O\ ON m M �o O V rC ^{ + t l O h M— 7 O� M h p n d' N M O 0 h o lO H V1 h Vl io 'O 'O 'O 'O O� ti a p c7 1 0 �o m M 1 00 o � m N 10 O — m U a) O O M N 69 w) h h h h h h O M m p 0o rn 00 �O m N V1 Oi W o 0o n O h o 0 lc 0 0 CT 00 h �O V7 M rn O O o n 1� O v � � In � Cl 64 °p o pP� o a � . t E- t - - O 18 N i i I V) d' --� "I h C ... 00 d h ' d' 00 dN' rn N m (+1 W) Cl) M N U •� 00 iD a0 �-i N M O �--� w0 ai N O\ W M M N N N co lO d' M U O 0 0 0 ° o o ° o q O � N M N N 0 . . . . . . . . . . 0 Q c� o\ O — N M V" �o � W p CT 0 0 0 0 0 0 0 0 0 W 0� N N N N N N N N N 4 7 7 � o O � a 3 � y o ca o m a i 1 Go i t C a i F . / d F G C 4 0 CITY OF KENNEDALE, TEXAS RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS TABLE 10 Source: Table 5 for actual taxable value of property Table 9 for general bonded debt outstanding .Table 14 for personal income and population data. 61 General Bonded Debt Outstanding Percentage of General Actual Taxable Fiscal Obligation Revenue Value of Per Year Bonds Bonds Total Property Capita 1999 3,328,325 - 3,328,325 1.78% $ 568.9 2000 3,313,125 - 3,313,125 1.54% $ 566.3 2001 3,296,025 - 3,296,025 1.41% $ 554.0 2002 3,278,925 - 3,278,925 1.26% $ 537.5 2003 3,261,825 - 3,261,825 1.11% $ 534.7 2004 3,152,825 - 3,152,825 1.02% $ 516.9 2005 3,833,825 - 3,833,825 1.15% $ 623.4 2006 3,690,125 300,000 3,990,125 1.12% $. 648.8 2007 3,485,388 265,000 3,750,388 0.97% $ 609.8 2008 10,341,888 225,000 10,566,888 2.43% $ 1,638.3 Source: Table 5 for actual taxable value of property Table 9 for general bonded debt outstanding .Table 14 for personal income and population data. 61 TABLE 11 CITY OF KENNEDALE, TEXAS DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT AS OF SEPTEMBER, 2008 Estimated Share of Estimated Direct and Debt Percentage Overlapping Government Unit Outstanding Applicable Debt Direct Debt City of Kennedale, Texas $ 10,5 100.000% $ 10,566,888 Total Debt 10,5 66,888 Overlapping Debt Arlington ISD 428,651,121 0.010% 42,865 Fort Worth ISD 440,667,429 0.030% 132,200 Kennedale ISD 51,205,025 41.240% 21,116,952 Tarrant County 239,015,000 0.370% 884,356 Tarrant County College District 49,005,000 0.370% 181,319 Tarrant County Hospital District 29,585 0.370% 109,4 809,477,454 22,424,291 Subtotal overlapping debt City direct debt 10,566,888 Total direct and overlapping debt $ 32,991,179 Ratio of direct and overlapping debt to taxable assessed valuation (Table 5) 7.58% Sources: Texas Municipal Reports provided by the Municipal Advisory Council of Texas and Table 9 Notes: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of the outstanding debt of those overlapping governments that is home by the residents and businesses of the City of Kennedale. This process recognizes that, when considering the City's ability to issue and repay long -term debt, the entire debt burden bome by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident - -and therefore responsible for repaying the debt - -of each overlapping government. 62 Q / $ e 7 / / � / k o / k k � \ / q � / U / o ) ) > (`\ 2 0 � `) a o k § § 2 o / u � ? � % \ u � � \ ° & \ •5 « \ » d 2 2 § t \ � ) m % c � E � k k CD .( ' G 2 0 u © d 7 � / \ \ � 't / r N / 2 u � \ �� M W m ti H C7 W � H A U w 0 � � I� F� � a U b G 0 W A N N H U H N V) b G 0 0.1 r N G N N .b [7 O W N R J N bA H r 1 1 1 r r 1 i r r U CX O U � U N r r r r r r r r r r G aX W 69 rn r r r r r r r r, r .r � H N by O U Cr3 a� H a� r r r r r r r r U � r r a- a o U r r r r r r r r r r Q U � c� N CO V'1 W 00 , I: CT O CV N hl N CV CV •--� O U 69 6R 6n 69 69 69 69 64 6R 69 h t-- N O� in Vl Vl h O T [� �D y ri t` vi t` Cn P t� In n n000 a� Vl �F N d\ CT o M h h Vl O N d' N O Cl h 00 O N Q O to O lD 00 U m �o �o �o It N 00 ..-i .--i O P. v O d M t- O V') O d* N �o CT p m 00 CT h It r+ N M t- en 7 (,o M m 00 'o CT cd i h [� �o .-r O 00 DO vl et M It Vl I'D M m " \o ll- 1 10 69 69 69 69 69 69 69 6R 6R CA . .rte.' C� O .� CT I0 00 ra �o N 00 w d' �O N �o m CT O �o t- CT a vc C, 00 tr) k ; N F U �o N O 00 ti d' h V7 O m O .--r d' l n t� O 00 � O W .- ..- :. -:.-� c j .-:. -: [� " w O O N It h O 00 h OO h h 00 �o w O r-. t- C> O vi 4) M V'I Vl h 00 O M h Vl V1 O �o h 00 U a, 0 0 0 0 0 0 0 0 0 CT 0 0 0 0 0 0 0 0 0 r--r N N N N N N N N N O %/ E i a� CITY OF KENNEDALE, TEXAS DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS TABLE 14 65 Per Capita i i Calendar Personal Personal Unemployment Year Population Income Income Rate i 1999 5,850 29,221 13,082 1.9% 2000 5,850 49,091 53,901 1.9% 2001 5,950 49,091 53,901 2.7% 2002 6,100 49,091 53,901 3.8% 2003 6,100 49,091 53,901 3.8% 2004 6,100 49,091 53,901 3.1% 2005 6,150 49,091 53,901 4.9% 2006 6,150 49,091 53,901 5.1% 2007 6,150 49,091 53,901 5.1% 2008 6,450 49,091 53,901 5.1% Sources: Population: City of Kennedale Planning Department. Based on 2000 Census date with annual updates from City Staff. Personal Income and Per Capita Personal Income: United States Census Bureau, 2000 Census Unemployment Rate: United States Department of Labor, Bureau of Labor Statistics (BLS). Adjusted yearly average based on the Local Area Unemployment Statistics (LAUS) Program. 65 CITY OF KENNEDALE, TEXAS PRINCIPAL EMPLOYERS CURRENT AND NINE YEARS AGO Emnlover Kennedale Independent School District Fort Worth Tower, Inc i Speed Fab Crete Goss International Excel Polymers City of Kennedale a Mike Conkle's Custom Cabinets Rebar Service and Supply US Galvanizing LP Redi -Mix LP Pro -Fab Equipment Stovall Electric Grover Corporation RE Watson & Associates Total Source: City Economic Development Division Note: 1999 Information was not readily available. 2008 1,247 100.00 TABLE 15 1999 Percentage of Total City Employees Employment 66 Percentage of Total City Employees Employment 375 30.07% 170 13.63% 101 8.10% 115 9.22% 92 7.38% 75 6.01% 52 4.17% 50 4.01% 45 3.61% 70 5.61% 32 2.57% 30 2.41% 25 2.00% 15 1.20% 1,247 100.00 TABLE 15 1999 Percentage of Total City Employees Employment 66 w f'y W W O � W z H U H Z H a V w a W v m O O kn N t r. �n m M N N N O M M N .I. CY) M N b O N C � � 00 U O N V N O Vl M d' M N �O N �O --. Vl V7 .-+ M 00 O Cl) O [ d C O N N Q' N V7 m M •--� V O h--. Vt .--i M 00 (1) In O y C N w v m n m o. �o r- o v v m v cV •-+ •--• vi o O U 'ch ' ' r 0 p b r� N 0 a � v� v m m rn� � m rn w M Cl) O O ' y O w � 4 w C14 o 00 j� O ° CD a a N o w C o� O U N N O O bA N ° N �N co 00 y N O O 43 Q ® O C', °O r' w � ° i ., .° Q O O Z 'C v a 3 H '9 a .5 'u. a, m0 pOU pu, V w0 � a 'u. x o x a •a" � 3 h a � rr rr, rrr r rr rr rr rrrrr r rr N H O O N I 0 0 N I P P N 0 N H � w m ° N A � U F�1 N 0. U r r r r r r r r r r r r r r r r r r i r i i r r O C w H o ,G .el N y � O I O 4 o ° U U O t A. N U 0 p N° c �' a� .� a�i Ca fn ^ m m 0 o° p U O Q O ` O W O by CO O ° .� •'. w V� 'q�q •� q . t� b d '�' cd 4' b U 0 OA Q N c� w O U cd .n .b P ai 0 0 y y cd m U a� ti o bUA W U • 9 •� .° .C� � is � rU�- a .n � � y a � '�' .� � � `w� � o .� a3i ie j +'� c'�d .• 7 ;; O .' i- •vi '� v, caw oaaE •�wi�a�r�w}av�'ia ��Ua >E-• �Z�� 04 0 a a 3 3 H z 00 00 4, w a H R A � G H E E w E O � ISM 0 V i a U i y � W i E-I i F 2 i a I N I O CD N O O N V O O N M O N 0 N 0 O N O O O N T O� O� y .d O cd •O O O y O o W o � � .� a � as � 3 � ° � c � a a'"i � � .��' � 0 3 c 3 0 � :n a w a: O a H eS'taff Repo ^t To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: N. 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: A LE 405 Municipal Drive, Kennedale, Texas 76060 W E L C O M E 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 Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language, and /or personal attacks towards any individual. THANK YOU FOR YOUR COOPERATION ■■ mmmam■■ mmmmmmmmmmmmmmmmmmmmmmmmmmmemmmmmmmmmmmmmmmmmmmammmmmmmmmmmmmmm� APPEARANCE BEFORE CITY COUNCIL DATE: Name of Speaker: Address: Su Phone: Is the subject matter listed as an agenda item? ❑ Yes ❑ No If yes, please list item number: Has this subject been discussed with any member or administrative staff? If yes, please list name and date: C--5r,k F°A []Yes ❑ No Speaking in Favor: ❑ For ❑ Against ...... ........ Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: V. Subject: Presentation(s) Originated by: Kathy Turner, City Secretary Summary: Presentation(s) will take place on the following: a. Events Task Force Committee Member, Paige Conley will make a presentation regarding future events proposed by the committee. b. Presentation regarding proposed Arts Festival. Recommended Motion: Disposition by Council: 1 > U L L 1 L U ;1 1; W 1 • 1 1 • • 1. 1! wil • 1 s • 1 1 1. • / 09 1 Ud 0 0 Ca CL 4—J W W u cu W cz 4-j ® p cu V J W (� U ^ ' W • • • 0 \� 1 � < R. a 1 dJ � yam \� � 7 #■ • 12 . �2 \t � } \# � } Ll � .\ - �^ ? • �� d 0 � ■: m. � LL- m� . #, 2� � � » \• � .< yt � � © , : 8 Aft .e U (� 4J +J L � O 4—J —C bup .� :l ca O . LL Ln U U I I I I I I I Lu L 20 r O U I it • V) 4-J .; V Q N • • • • �A LL- +-+ +J Ca C6 11 n E 1 sI • 1 • `I • 1� • • • • • • • • • • Ln U L- 0 4J c6 -C 4-J 4 cn _0 m c6 �_ _0 O L f ) O O V) O m m U X s H N bD 4-J Ln u x 7 • • 1 • Q� r L V buo c .® buo O e E E O V O w vn Ln K- • • 0 0 9 • • J 1 • •! 1 • • 1 • Ln C- 0 1 0 Ln Ln •% ro C: 0 m x tj w •! J Sub-Committee: Operations Felipe Gutierrez Fefive76@.swbelhiet 817-713-7426 cell 817-572-1505 hm Volunteer Recruitment Jennifer Ramey jg �a4r �sbc lo�bal.n�et 214-478-9088 cell Fundraising Pat Doescher vdq202Ca)ao1.com 817-829-2559 cell Marketing Lori Bryan 817-980-8088 cell t-jbr A L an )sb�clobqhiet ,-- -- Entertainment Rebecca Mowell Rebecca_,Mowell @)We-11sf o.c A email Dfg — Qm bec ears ail.com hm email 817-372-4858 Cell Vendors Connie Alires c o n n i e. qLi r e sf�t) s b �cl o ba �h i e t 817-896-1266 cell 817-561-6423 hm Finance Virgil Beene vbeene@yELhoo.com 903-571-1014 cell AL)T it, thle KEN N EDALE TEXAS The Kennedale Arts and Market Festival Committee is an organization committed to promoting volunteerism, developing arts and culture, and improving the community. ftNIQki We are committed volunteers and citizens making a difference in the Kennedale community. Encouraging the Visual and Performing Arts throughout the community and promoting a Young Artist Educational program to provide scholarships for students. \J AkT it, the KEN N E ®ALE TEXAS April • r 'Kennedale Town Center • Sponsorship of Main Stage Area with banner recognition • Logo recognition on on all event promotional material and mailings • Logo recognition throughtout entire event • Logo recognition on event website and click -thru hyperlink to website of choice • 10' x 10' booth space • Logo on event t -shirt • Name recognition announcements throughout event • Recognition in event "thank you" ad 1 • Sponsorship of Children's Play Area with banner recognition • Logo recognition on event promotional material and mailings • Logo recognition on event website and click -thru hyperlink to website of choice • 10' x 10' booth space • Logo on event t -shirt • Recognition in event "thank you" ad Gold - $2 Investmer! • Sponsorship of Hospitality Lounge with banner recognition • Logo recognition on event website • 10' x 10' booth space • Logo on event t -shirt • Recognition in event "thank you" ad • Sponsorship of Vendor Booth Isle with sign recognition (4 -5 available) • Logo recognition on event website • Logo on event t -shirt • Recognition in event "thank you" ad Bronze r. - $500 Xnvestment • Logo recognition on event website • Logo on event t -shirt • Recognition in event "thank you" ad r i • Logo on event t -shirt • Recognition in event "thank you" ad v ART in tine RK KEN N EDALE TEXAS [Insert Date] Name Business Address Address Dear [Mr. Mrs. Dr. xxxx] On behalf of the Art in the Park Festival- Kennedale, Texas, I invite you to consider partnering with us to help deliver our mission to the Kennedale community. The success of our festival wouldn't be possible without the friendship of local businesses and other groups who will support the festival with financial contributions. We hope that you will consider joining the growing list of outstanding business and community leaders who say "yes" to bring art to our community. Supporting our art festival offers your organization the opportunity to increase your visibility in the community, network or entertain clients at our special events, and even prospect for new customers. Additionally, you have the benefit of knowing that your contribution is being used responsibly and effectively within our community. Enclosed are some materials for your review. I will follow up with you by phone to see if we can arrange a convenient meeting time. In the meanwhile, if you have any questions, please contact me at (817) 829 -2559 or at infoRartinkennedale.com Thank you for your consideration. Sincerely, [Insert Your Name], Fundraising Chairman Kennedale Arts & Market Festival Committee Cc: Felipe Gutierrez, Event Chair Kennedale Arts & Market Festival Committee JUNIOR LEAGUE OF ARLINGTON Women Building Better Cominurrities UNDERWRITING CONTRACT O Individual O Corporation Name - -__ -- Address - -- cilylState /Zip --- iLA it (if applicable) O Foundation Utilce Use Unit/ Sponsor #: Phone ( ) — Fax ( ) _ - - -- `Email Address O Diamond ($1S,000 cash $30,000 in - kind) o Diamond sponsor designation at JLA fundraising events ® Logo or name where diamond sponsors are recognized ♦ 2 premium tattles I'or 10 to a Holiday Magic spe "I et ♦ I foursome in the Tee It Up for Charity Golf T irnamet ♦ 50 tickets to Holiday Magic Gift N , et e Rerogtrition <u ,c s to JL An Dinn it/ etin O Platinum 500 -514 9 9 cash xI ,Ot101�:19.i1 a - KtnU ♦ Platinum onsor d iation it A fun wising events ♦ Logo or narne w re pl• inun sponsors are recognized ♦ t premium e for to a oliday Magic special event ♦ 1 Foursome ii is Tee p for Charity Golf Tournament 4 40 tickets to i-Ioliday Magic Gift Market Recognition and 2 tickets to JLA Annual Dinner Meeting Silve k (3.000 ca : 0.UUl .y 9Yy in -Kind ♦ Si er s iso desi ratio at JLA fundraising events ♦ ❑ p �miuin ticket. o a Holiday Magic special event OR 0 25 u ome the Tee It Up for Charity Gotf Tournament is is to oliday Magic Gift Market op-nl io JLA Annual Dinner Meeting O Bronze ($1.000 - $2,999 cash; X2 ,000 - :5,999 in kind) ♦ Bronze sponsor designation at JLA fundraising events ♦ D 2 premium tickets to a Holiday Magic special event OR O 2 player entries in Tee It Up for Charity Golf'I'ournament ♦ 20 tickets to Holiday Magic Gift Market ♦ Recognition at JLA Atmual Dinner Mecting O Copper ($500 -$999 rash; $1,000-$1.999 in -kind) ♦ Copper sponsor designation at JLA fundraising events ♦ IS tickets to Holiday Magic Gift Market ♦ Recognition at JL��lineal Dint ecting O (;old ($5,000-$7.499 dish $10,000 $14,999 in - kind) O Friend of LA . 250 5499 l ustitysbilu ♦ Gold sponsor designation at JLA fundraising events ♦ N ame listed where 1Frien S ok JLA ♦ 6 premitun tickets to a Holiday Magic spceiad event ♦ 10 Tick o lid" \ Maig "c C "ft 1 ♦ I foursome in the Tee It Up for Charity Goif'I'ournantent ♦ R- mition at J lilt inn ♦ 30 tickets to Holiday Magic Gift Market 0 ♦ Recognition and 2 tickets to JLA Annual Dinner Meeting ized PERSON TO RECEIVE AL S INCLU G SP IAL E NT 5 Name 7ITAT7 Address JUNIOR LEAGUE F AR NGT TING AN U C TIONS (-1 Please use the Ilowing narne (indfvfdua , co poratio of n) for listing in Junior League of Arlington publications listing sponsors. Print or type EXACI LY as it should appear and CIR . THE ALP _'rizW L 'TER T rl 1 (We) prefer not t i fis any pri ed material 0 1 am an anonymous donor. PAYMENT 1NFORMATIO Amount of Contribution 5 _. _ __ _. _ f7l Full payment enclosed Make chocks payable to Junior League of Arlington. Final payment due by Amount to be billed now: Junior Leaguo of Arlington Representative Dale Authorized Signature Please wlam pink copy and twom original and yellow copy to Junior League of Arlington, RU. Box 13116,Arlingion, TX 76094. Phone (317 - 277.9481) Fnx (817 - 2.'179505) Thr. Junior Longue of Adirxllon rs a nowprofll organiznfion, raunfified undor Soctioa 501 (c)(3) of the IRS code. Your conlribullon is i — deYirx tibto to the extent provided by the law t a"M Balance to be billed _ ----- ._- ..__..-..._: $ n..r., ro.,..,,r. -4 (`ho U Arnnnnl r Try A-RT- R-K KENNEDAL E TEXAS Sponsor Name Sponsor will provide: ® Cash Contribution $ 5,000.00 Kennedale Art Festival will provide: It is understood by all parties signing below that this agreement will expire on June XX, 2010 and that recognition is not for an entire fiscal year. Pat Doesher, Fundraising Chair Kennedale Arts & Market Festival Committee John Doe Sponsor A - R,-T it, th , TARK KEN N EDALE TEXAS [Insert Date] Contact Name Business Address Addresss Dear [Mr. Mrs. Dr. -xxxx] Thank you for your cash contribution of $xxx to the Kennedale Art in the Park Festival. We truly appreciate your support. With the support of our sponsors, we are making a difference in the quality of life in our community. I'm returning an invoice detailing your contribution and payment for your records. If you have any questions, please feel free to contact me at (555) 555 - 5555. Sincerely, Pat Doesher, Fundraising Chair Kennedale Arts & Market Festival Committee Cc: Felipe Gutierrez, Event Chair Kennedale Arts & Market Festival Committee Enclosure JkLa RK KEPI! N EDALE TEXAS [Insert Date] [Mr. Mrs. Dr. xxxx] Contact Name Business Address Addresss Purpose: Silver Sponsorship — Kennedale Art in the Park [Level] Amount Due: $2,500.00 [Dollar amount] Remit Payment to: City of Kennedale Attn: Kennedale Art Festival P. O. Box XXXXX Kennedale Texas 76060 Questions: [Insert Your Name], Fundraising Chair (555) 555 -5555 [day time phone] ARa it, the C PARX KENNEDALE TEXAS Dear Art Festival Applicant: The City of Kennedale invites you to apply to participate in the First Annual Art in the Park Festival to be held April 9, 10 & 11, 2010. Please follow application instructions carefully and note that the deadline for submitting the application for Art in the Park is November 1, 2009. Space is limited for this festival. All applicants are notified by letter of acceptance or non - acceptance. Checks and photos are returned to applicants not selected. Checklist: The following items must be completed and enclosed for the application to be considered: 1. Entry fee 2. Notarized hold harmless agreement 3. Copy of Texas Sales Tax and Use permit 4. A minimum of (5) photos or digital images of your products and booth you intend to use, and your overall display. Color copies are acceptable. Incomplete forms will not be accepted. Photos of accepted applicant's products become the property of the Kennedale Arts & Market Festival Committee. Submission of application does not guarantee acceptance or placement. Festival officials reserve the right to select or reject vendors. Art in the Park is an outdoor event and there are no refunds for inclement weather. On -Site Information: Artist must be present during the entire event and must personally staff their exhibit space. No commission on sales will be charged. Fees: Entry Fee: $20.00, Non- refundable check or money order to City of Kennedale c/o Art Festival Booth Fee: $100, vendors must provide their own white 10' x 10' tent, supplies and lighting. All sale and display items must be contained within booth area. Tent Rental: $150, 10' x 10' white tent rental will be provided to vendors who do not have their own tents. Cancellation: $25 cancellation fee. All cancellations must be in writing and mailed to: City of Kennedale c/o Art in the Park Festival 405 Municipal Drive Kennedale, TX 76060 or faxed to 817 - 478 -7169 ART it, the" c RK KENNEDALE TEXAS Key Dates: 11/01/2009 Artist application and jury fee deadline 01/15/2010 Artist notification of acceptance and information packets mailed 02/15/2010 Artist acceptance form, booth fee deadline. 02/15/2010 Deadline to request refund ($25 cancellation Fee) 03/15/2010 Artist location mailed 04/09/2010 Show set -up Incomplete forms will not be accepted. Please be certain all space requiring initials or signatures are completed. Please review the attached Arts Vendor Information. If you have any questions, please contact me at 817 - 896 -1266. 1 look forward to receiving your application. Sincerely, Connie Alires, Merchant Chair Kennedale Arts & Market Festival Committee First Annual Art in the Park Kennedale Town Center — Kennedale Texas April 9 -11, 2010 Official Arts Festival Application Artist Name: Company Name: Mailing Address: City /State: Zip: Business Phone: Cell Phone: Email: Website: TX Sales Tax #: Copy of Tax Permit must be included with application. All sales tax collected from sales at Art in the Park must be paid to the City of Kennedale, TX. List all Arts & Crafts items that you will be displaying or selling during the festival in the space below. This list will be included in the Art in the Park events listing. Please include a price range and print clearly or type. Enclose photos of items to be sold and photos of booth set -up. Photos of accepted vendors will be retained by the Kennedale Arts & Market Festival Committee Fees: No cash will be accepted. Checks, Cashier Checks or Money order payable to City of Kennedale must be paper clipped, not stapled, to the application I need One Space (10x10 area) = $100 I need Two Spaces (10x20 area) = $200 Please use this area for comments or requests. The Festival Merchant Committee reserves the right to assign space in accordance with other vendors and products. Important Art in the Park Information: Please initial next to each item indicatinL- you have read it. One 110 Volt Electrical outlet will be provided All Arts & Crafts vendors must provide their own free - standing, covered tent, supplies and lighting. Vendors must bring a minimum of one 100 -foot, personally identified, heavy -duty extension cord. All sale and display items must be contained within assigned booth area. Art in the Park will go on RAIN or SHINE. There are no refunds for inclement weather. A submission of an application does not guarantee acceptance. There are no provisions for water. The City of Kennedale, Texas will not assume responsibility for damage or theft of your property. We do not offer any exclusives in Arts & Crafts. Festival Hours are: Friday (4/9) 4:00 p.m. to 10:00 p.m. Saturday (4/10) 10:00 a.m. to 10:00 p.m. Sunday (4/11) 11:00 a.m. to 6:00 p.m. Set -up will take place on Friday, April 9th, All Arts & Crafts must be made by the applicant. Cancellation Policy: Cancel prior to February 15, 2010 - 100% refund Cancel prior to March 1, 2010 - 50% refund Cancel on or after March 15, 2010 - No refund All cancellations must be in writing and received by the date listed above. Please mail to City of Kennedale, c/o Art Festival, 405 Municipal Drive, Kennedale, Texas 76060 or faxed to 817.478.7169 Applications can be mailed to: City of Kennedale c/o Art in the Park Festival 405 Municipal Drive Kennedale, TX 76060 My signature acknowledges that I am the creator of my work, and I will be present and my booth will be open all advertised hours of Art in the Park. I agree to follow all rules and regulations set forth by festival staff and understand that failure to do so can result in immediate expulsion without refund. I acknowledge that the following are prohibited: pets, illegal substances or weapons on my person, in my booth or vehicle during the festival. Signed: Hold Harmless signed and notarized Date: Vendor Checklist Completed and signed application Pictures and pricing attached Copy of Texas Sales Tax Permit Check, cashier check or money order enclosed made payable to City of Kennadale. Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: VI. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager 1. Independence Day Activities 4 0 2. Schedule Strategic Plan Workshop -,+ , • P44 3. Introduction of KHS Youth Advisory mrttee h uffio , Recommendation: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 CONSENT AGENDA ITEM NUMBERS: VII a through VII i REQUEST TO REMOVE: ITEM 9 PERSON-' l ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED a,4 FAILED s \': KI IMI Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: VII -a Subject: Approval of Minutes: Regular Meeting dated January 8, 2009 Originated by: Kathy Turner, City Secretary Summary: Attached for Council review and consideration is the meeting minutes for the regular meeting held on the 8 day of January 2009. Recommendation: RECOMMEND APPROVAL Disposition by Council: 3382 405 Mayor, Bryan Lankhorst called the present: Council present: Bryan Lankhorst Brian Johnson Jerry Miller Kelly Turner Council absent: John Clark David Green Staff present: Bob Hart Kathy Turner Wayne K. Olson Sakura Dedrick Tommy Williams Kent Daulton Mike McMurray Larry Lebetter Mike Soab James Cowey I. WORK SESSION Discuss TownCenter. ARY 8, 2009 MUNICIPAL BLDG. :37 p.m., and announced that a quorum was Mayor Councilmember, Place 3 Councilmember, Place 5 Councilmember, Place 4 Mayor Pro -Tern, Council Place 1 Councilmember, Place 2 City Manager City Secretary Legal Counsel Director of Finance Chief of Police KPD Officer Fire Chief Director of Public Works KEDC Director Building Official Discussion on the TownCenter took placed under item c. b. Discuss Emergency Hazard Mitigation Action Plan. Bob Hart, City Manager informed Council that the Hazard Mitigation Plan was established in the efforts to continue to receive some federal funding for emergency management efforts, and consisted of input from various cities within the region. Hart implied that the plan consists of a basic plan that contains information about the planning process, mitigation strategies for participating cities, and methods for updating the plan, which would be reviewed, revised, and updated on an annual basis. C. Discuss and review any item on the agenda, if needed. Bob Hart, City Manager addressed consent agenda items with emphasis on item e relating to the purchase of tasers, and item f relating to the legislation creating a Municipal Management District for the development of the TownCenter. Also, legal counsel provided a summary on Chapter 375 of the Local Government Code referring to the legislation on Municipal Management Districts, and addressed the initial board appointment of directors for such. There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 6:15 p.m., and announced that Council would enter into executive session at 6:30 p.m. 3383 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. 1. Robert M. Plumlee vs. City of Kennedale 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 Mayor, Bryan Lankkhorst reconvened into open session and called the regular session to order at 7:02 p.m. IV. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst announced that no action would be taken pursuant to executive session. V. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager provided the invocation followed by the Pledge of Allegiance being recited. VI. RECOGNITIONS/PRESENTATIONS a. Recognition of Mike Soab, KEDC Director Mayor, Bryan Lankhorst recognized retiring KEDC Director, Mike Soab and presented him with a lantern plaque. b. Recognition of Public Works Employees for Water Supply Inspection Bob Hart, City Manager recognized Public Works Employees for their hard work and dedication in obtaining a perfect Water Supply Inspection. Hart said the department went fiom 22 violations in 2002, 29 violations in 2005, to zero violations in 2008, and acknowledged the employees for their hard work and dedication. C. Presentation regarding upcoming Arts Festival It was announced that a presentation regarding the upcoming Arts Festival would be made during the February meeting. 3384 VII. VISITOR/CITIZENS FORUM No persons registered to speak during the visitor /citizen's forum. Councilmember, Brian Johnson requested item f be removed from the consent agenda. a. Approval of minutes: Regular Meeting dated December 11, 2008. b. Approval of Quarterly Investment Report. Approval of Ordinance No. 421, authorizing budget amendment. d. Approval to purchase mobile computers for Police Department. Approval to purchase Tasers for Police Department. Councilmember, Brian Johnson moved to approve consent agenda items a through e, second by Councilmember, Jerry Miller. Motion carried (3 -0). IX. REGULAR ITEMS Approval to authorize the submission of state legislation creating a Municipal Management District for the development of the TownCenter and appointing the initial Board of Directors. Councilmember, Brian Johnson moved to authorize the submission of state legislation creating a Municipal Management District for the development of the TownCenter, and to appoint the initial Board of Directors consisting of the following: Robert Mundy, KEDC President, John Clark, Mayor Pro -Tem, and Councilmember, Jerry Miller each to serve a two year term expiring June 2011. Councilmember Johnson also moved to appoint Mayor, Bryan Lankhorst, and Beverly Hayes, KEDC Vice - President to serve a one -year term expiring June 2010, and to appoint Bob Hart, City Manager as Ex- Officio with a term to expire June 2011. Motion was second by Councilmember, Jerry Miller, and motion carried with no opposition. (3 -0). g. Public Hearing, Review and Consider Action to approve Resolution No. 277, adopting the Fort Worth Hazard Mitigation Action Plan. 1. Staff Presentation of Hazard Mitigation Action Plan — Bob Hart, City Manager advised that the plan is a mitigation plan with various cities within the region participating, and that the plan requires a public hearing prior to approval. 2. Public Hearing — No persons registered to speak during the public hearing. Mayor, Bryan Lankhorst closed the public hearing at 7:12 p.m. 3. Staff Response and Summary — No response or summary was provided by City Staff. 4. Action on Resolution — Councilmember, Brian Johnson moved to approve Resolution No. 277, adopting the Fort Worth Hazard Mitigation Action Plan, second by Councilmember, Kelly Turner. Motion carried (3 -0). 3385 Public Hearing, Review and Consider Action to approve Ordinance No. 422, Case #PZ 08- 26 and Case # PZ 08 -27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest Crossing Addition from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case # PZ 08 -26 — Block 1, Lot 3, Southwest Crossing Addition. Physical address of 4900 US 287 Hwy. Case #PZ 08 -27 — Block 1, Lot 4, Southwest Crossing Addition. Physical address of 4970 US 287 Hwy. Staff Presentation of Case — James Cowey, Building Official addressed Council in regards to the reasoning of the zone change and added that by changing the zoning classification to C -0 retail commercial, it would assist the City in financial planning. Cowey also added that the Planning and Zoning commission voted 4 to 0 to recommend approval of the city initiated zone change. 2. Public Hearing — Mayor, Bryan Lankhorst opened the public hearing for comments, and the following individuals addressed Council. Lonnie Nicholson, representative with EECU, 1617 W. 7ch St., Fort Worth, TX, addressed Council against proposed zone change for Case #08 -26. Nicholson provided a brief history of EECU, and stated that EECU has a great relationship with the communities they become a part of, and support employers and businesses within the community. Cindy Baker, Chief Commerce Officer with EECU, 1617 W. 7` St., Fort Worth, TX, registered against proposed zone change for Case #08 -26, and addressed her responsibilities in regards to the building of the EECU building. Tom Purvis, Real Estate Broker for EECU, 222 W. Exchange, Fort Worth, TX registered against proposed zone change for Case #08 -26. Purvis addressed the reasoning for the selection of the property for the proposed EECU Office, and provided an oversight on the tax benefit in regards to personal/real property ad valorem taxes. Art Anderson, with Winstead Law Firm, representative for landowner, 1201 Elm St., Dallas, TX registered against proposed zone change for Case #08- 26. Anderson responded that the client purchased the property not privy to prior discussions between the City and Wal -Mart as to the usage of the front pads, and there were no limitations as to the development or usage of the property other than in accordance to the zoning of the property at the time of purchase. Anderson also advised that EECU had already filed and obtained a building permit, and that the property could be developed with the use in accordance with the building permit whether or not the property was rezoned or not. In addition, Anderson spoke on the city's request for the underlying zone change, which referred to the collection of sales tax revenue. 3386 There being no further comments, Mayor Lankhorst closed the public hearing at 7:31 p.m. 3. Staff Response and Summary of Case — Bob Hart, City Manager advised Council that the permit is ready and is pending issuance awaiting contractor's name, and project would proceed regardless of action taken. James Cowey, Building Official added that EECU had met all city requirements and city ordinances. 4. Action on Case — Councilmember, Brian Johnson moved to continue case until the February 12, 2009 meeting, second by Councilmember, Jerry Miller. Motion carried (3 -0). i. Review and Consider Action to approve Case # PZ 08 -29, Final Plat for Moody Creek Estates, Lots 1 through 3, Block 1, requested by Kenneth B. Moody. Councilmember, Brian Johnson moved to approve Case # PZ 08 -29, Final Plat for Moody Creek Estates, Lots 1 through 3, Block 1, second by Councilmember, Kelly Turner. Motion carried (3 -0). X. ADJOURNMENT Councilmember, Brian Johnson moved to adjourn the meeting at 7:35 p.m., second by Councilmember, Jerry Miller. Motion carried (3 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 1 Date: February 12, 2009 Agenda Item No: VII -c Subject: Racial Profiling Report Summary: Attached for council consideration is the Racial Profiling Report for the period January 1 through December 31, 2008. The data indicates that the Kennedale Police Department's citation and search activity was well within tolerances for the population groups. This report is to be submitted to council on or before March 1 of each year. .- CADocuments and Settings\ cbrown \mydocuments \samplestaffreport KNNDAL POLICE DEPARTMENT February 12, 2009 Too City Manager, Mayor, and Council Members From: Tommy Williams, Police Chief Ike: Racial Profiling Deport As required by SB 1074 I am presenting this report on the Kennedale Police Department's racial profiling statistics. Statistical Data Attached is a table outlining the data from our citations issued during calendar year 2008. Once again I used both the total population and the Fair Roads Standard as baselines for our data. We issued 17.7% (455 of 2,561) of citations to persons with a Kennedale zip code. Because such a large majority of our citations continue to be issued to persons outside of the city, the baseline still includes the combined populations of our neighboring cities of Arlington, Forest Hill, and Mansfield, as well as Kennedale. Motorists come from or through these cities in order to get to or through Kennedale. As you can see our stops and searches are well within tolerances for the percentile groups. Complaints We had one racial profiling complaint filed during the reporting period of 2008. This complaint was verbal and came in by telephone. The complaint was investigated thoroughly and found to be without merit. We had no other complaints filed this year. Public Education The process for filing racial profiling complaints against employees is posted in three places. The first is on our police department website, the second in the police building lobby, and the third is in the city hall lobby. A copy of the entire racial profiling policy is available to the public on request. Employee Training All officers and supervisors successfully completed correspondence training on racial profiling during the year 2008. The training was provided through Dr. Alex Del Carmen, who owns a racial profiling consulting firm. Dr. Del Carmen is nationally recognized as an expert in racial profiling training for police departments. In addition, supervisors were required to review random video tapes of stops each quarter to identify any problems that had not been reported. No problems were identified. 401 Municipal Dr. Kennedale, Texas 76060 Office 817 - 478 -5416 Fax 817- 478 -6433 • • W m 40 N m C o � � Cl) 0 a U u> oo n N P P r t� O N e-s = c co N � O LL ' fq V L N LO OM co O M O O CO O O O co r d7„ #4 41 v= fq C L6 N C O d ° ® lu zv o o 0 a L r T- O V- Cn r 00 N O 00 1� O � (6 e e O w V M 0 M � 00 O O O O Cl) � r O e O O r O 5 Q O f e V -p 0 W O co eP V- N M O O f r (� ® ® O O N O O LL O = 1- 0 L O O � \ V o Q :3 o :3 V C o Q o � Q O N 0 e / 2 C) -X e 2 / 0 " U = e t � � n O ( 2 r C e O o ( d e O / 2 L e o o C7 09 O g 4° O cg (� 4- O p + o 4- O i--i V 1- O y } ® B O °� F; 0 ,B _� C d > U C: f 1 c M L L ` V ` ➢ L L ) IL 0 r ta ff Report J� To the Honorable Mayor and City Council Date: February 12, 2009 Agenda Item No: VII -d. Subject: No Parking Zone Originated by: Police Chief Tommy Williams Summary: In October of 2008 we received a complaint from staff at Delaney Elementary School. The complaint was that vehicles were parked at the front curb on Cloverlane Drive and students had to walk out from between the vehicles to be picked up. The staff felt that this represented an unnecessary danger to the students. This complaint was relayed to School Resource Officer R. Clark, who agreed with the assessment. Officer Clark then contacted the district superintendent, who also agreed and sent a letter to the police department requesting a no parking zone in front of the school. The letter was dated October 31 and was received in November. A no parking zone is being proposed for the curb side of Cloverlane Drive closest to the school. This will allow students to stand at the curb for pick up and be more easily seen by caretakers. The zone will be in effect for school hours only so as not to impact parking for after -hours school events. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, ESTABLISHING A NO PARKING ZONE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; ROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has previously enacted ordinances now codified in Chapter 22 of the Kennedale Code of Ordinances regulating the movement of traffic and motor vehicles; and WHEREAS, the Chief of Police deems it advisable to establish a no parking zone in front of Delaney Elementary School, the applicable area of which shall be described in particular by this Ordinance; and WHEREAS, the City Council has determined that it is in the best interest of the citizens to enact this ordinance to regulate parking at Delaney Elementary School; and WHEREAS, the City Council has determined that this amendment to the City Code of Ordinances will advance the health, safety, and general welfare of the citizens of the City of Kennedale. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. No Parking Zone Established. No person shall stand or park any vehicle upon or along the south side of the 200 block of Cloverlane Drive, from the property line of Wells Fargo Bank and Delaney Elementary W AKennedale \0RDINANC \No Parking Zone (Delaney Elementary).doe (02/02/09) Page I School, ending at a point 510 feet west of that boundary. The no parking zone shall be effective from 7:00 a.m. through 4:00 p.m. on days when school is in session. The area shall be marked by signs posting notice of the no parking zone. SECTION 2. This ordinance shall be cumulative of all provisions of the City of Kennedale Texas except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. 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 a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase clause sentence paragraph or section. SECTION 4. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 22 of the Code of Ordinances of the City of Kennedale Texas or any other ordinances regulating parking 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 5. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. • KIM", 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 for two (2) days. W: \Kennedale \ORDINANC \No Parking Zone (Delaney Elementary).doc (02/02/09) Page 2 SECTION 7. 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 THIS 12th DAY OF FEBRUARY, 2009. ATTEST: Mayor City Secretary EFFECTIVE: APPROVED AS TO LEGALITY AND FORM: City Attorney W: \Kennedale \ORDINANONo Parking Zone (Delaney Elementary).doc (02/02/09) Page 3 Staff Report To the Honorable Mayor and City Council Date: February 12, 2009 Agenda Item No: VII -e. Subject: AN ORDINANCE PROCESSING FEE Originated by: Sakura Moten - Dedrick Summary: AMENDING CREDIT CARD PAYMENT On November 9, 2006 the City Council amended the Code of Ordinances to establish a Credit Card Payment Processing Fee. As it currently stands, when payment of any fee, fine, court cost or other charge is made by credit card to the City, a fee equaling one dollar ($1.00) is added to the total amount due and paid. Section 132.002 of the Texas Local Government code authorizes municipal officials to accept payment by credit card, and Section 132.003 provides for the collection of a fee for processing or handling the payment by credit card. "The governing body of a municipality shall set the processing fee in an amount that is reasonably related to the expense incurred by the municipal official in processing the payment by credit card. However, the governing body may not set the processing fee in an amount that exceeds five percent of the amount of the fee, fine, court cost, or other charge being paid." In an effort to offset the processing costs that the City incurs with MastercardNisa and because we are in the process of beginning to accept "online payments" mainly for Court, Permitting, and Utility Billing, Staff needs to provide notice of these fees to our Online Payments vendor. After careful research of past credit card payment trends and the potential increase of new credit card use, Staff would like to recommend the following fees per transaction: • Utility Billing • Court • Permitting • Miscellaneous* *(i.e., Police, Animal Control, Library). $1.00 (Payment Less Than $20 No Fee) 3% of Total 2% of Total. $1.00 (Payment Less Than $20 No Fee) Recommended Motion: Approve amended credit card payment processing fees. Disposition by Council: PROPOSED CREDIT CARD FEE AMENDMENT (FEBRUARY 12, 2009) EVO Merchant Fee EVO Transaction Fee Systems East Fee Total Per Transaction Credit Card Fee 1.89% $0.10 $0.50 Varies eCheck Fee $0.22 $0.25 $0.50 $0.97 Annual City Annual Fee Annual Court Utility Permits City Fee (Current) $1.00 $1.00 $1.00 City Department FY07 -08 Avg Amount Total City Cost Per City Cost Per Annual City Annual Fee Annual City $794 Transactions (Ticket /Bill) Revenue Credit Card eCheck Cost Offset Balance Court 970 $158 $153,625 $3.59 $0.97 $3,486 $970 $2,516 Utility Billing 2554 $93 $238,319 $2.36 $0.97 $6037 $2554 $3483 $45 $39 $6 $54 $51 $4 $9,522 $3,524 $5,998 $0 $0 $0 $0 $0 $0 $794 $294 $500 $828 $507 $321 $69 $42 $27 37% 63% Department FY07 -08 Actual Amount Total City Cost Per City Cost Per Annual City Annual Fee Annual City Transactions (Fee) Revenue Credit Card eCheck Cost Offset Balance Permits Garage Sale 420 $10 $4,200 $0.79 $0.97 $331 $420 ($89) Electrical 23 $55 $1,265 $1.64 $0.97 $38 $23 $15 Plumbing 52 $55 $2,860 $1.64 $0.97 $85 $52 $33 Mechanical 22 $110 $2,420 $2.68 $0.97 $59 $22 $37 Fence 30 $135 $4,050 $3.15 $0.97 $95 $30 $65 Sign Permit 13 $150 $1,950 $3.44 $0.97 $45 $13 $32 Accessory Building 11 $230 $2,530 $4.95 $0.97 $54 $11 $43 Swimming Pool 11 $550 $6,050 $11.00 $0.97 $121 $11 $110 New Residential 3 $3,350 $10,050 $0.00 $0.00 $0 $0 $0 New Commercial 39 $3,365 $131,235 $0.00 $0.00 $0 $0 $0 Gas Drilling 2 $16,500 $33,000 $0.00 $0.00 LO Lo $0 $828 $582 $246 $69 $49 $20 70% 30% Court Utility Permits Miscellaneous City Fee (Proposed) 3% $1.00 2% $1.00 Annual City Annual Fee Annual Cost Offset City $3,486 $4,609 - $1,123 6 037 2551 3 483 $9,522 $7,163 $2,359 $794 $597 $197 75% 25% Annual City Annual Fee Annual Cost Offset City $331 $84 $247 $38 $25 $12 $85 $57 $28 $59 $48 $11 $95 $81 $14 $45 $39 $6 $54 $51 $4 $121 $121 ($0) $0 $0 $0 $0 $0 $0 LO LO Lo $828 $507 $321 $69 $42 $27 61% 39% Assumptions: 1. Court & Utility Billing based on actual credit card transaction count. Permits currently does not accept credit cards. Transactions based on actual permits received. 2. Annual City Cost based on customer utilizing a Credit Card for payment versus eCheck although latter option is available. 3. While customers may utilize a credit card for any permit, based on customer comments and staff knowledge, residential /commercial /drilling permits were are not anticipated. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING SECTION 2 OF ORDINANCE NO. 353; AMENDING THE FEE SCHEDULE TO REFLECT THE SAME; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 132.002 of the Texas Local Government Code provides that the governing body of a municipality may authorize a municipal official who collects fees, fines, court costs or other charges to accept payment for these by credit card; and WHEREAS, Section 132.003 of the Texas Local Government Code also provides that the official may collect a fee for processing the payment by credit card; and WHEREAS, the City Council desires to amend the code of ordinance and the fee schedule to update the credit card processing fee at an amount that is reasonably related to expenses that are incurred by the City when municipal officials process the payment by credit card. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That Ordinance No. 353 is hereby amended by repealing Section 2 thereof. X17 The Credit Card Payment Processing Fee heretofore adopted and set forth in Section 2.3(a) of the Kennedale City Code is hereby amended by updating the following to Administrative Fees: Credit Card Fees: When payment of any fee, fine, court cost or other charge related to Kennedale Municipal Court is made by credit card, a fee equaling three percent (3 %) per fee, fine, court cost or other charge paid by credit card will be added to the fee, fine, court cost or other charge paid. When payment of any fee or other charge related to Kennedale Utility Billing is made by credit card, a fee equaling one dollar ($1.00) per fee or other charge paid by credit card will be added to the fee or other charge paid. When payment of any fee or other charge related to Kennedale Permitting is made by credit card, a fee equaling three percent (3 %) per fee or other charge paid by credit card will be added to the fee or other charge paid. When payment of any fee or other charge related to any other miscellaneous activity is made by credit card, a fee equaling one dollar ($1.00) per fee or other charge paid by credit card will be added to the fee or other charge paid. If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the City shall collect the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds from the person who owes the fee, fine, court cost or other charge in addition to the original fee, fine, court cost or other charge. SECTION 3. This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provision of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, 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. 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, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 12th day of February 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Date: February 12, 2009 Agenda Item No: VII -f Subject: Consider a resolution authorizing participation in PUC Project No. 36358, Consideration of Alternative Ratemaking Methodologies Originated by: Bob Hart Summary: At the request of an electric utility holding company, American Electric Power, the Public Utility Commission ( "PUC ") has begun an inquiry to consider the adoption of rules which would seriously diminish the review of the costs and expenses of monopoly utilities, like Oncor Electric Delivery Company ( "Oncor"). One of the proposals is to have the PUC adopt a procedure which would permit rate increases on an annual basis with very little review of the costs or expenses of the utility. The truncated or abbreviated rate review proposals largely remove the incentive for management to hold down costs or to operate efficiently. The PUC has requested briefs to be submitted on the legality of the abbreviated rate reviews. This particular proceeding will be hard fought. All the monopoly electric utilities are expected to be very active in this proceeding. If the Commissioners decide they have jurisdiction to consider some form of abbreviated rate review, then, within the next sixty to ninety days, the PUC will consider specific rulemaking proposals. Each change from the traditional rate case review wilt be hard fought. To a large extent, the success of this effort will depend on the extent of municipal participation along with the ability to reach out to other ratepayers and ratepayer groups in common purpose. Participation in this process by the ATOC cities and by the city coalitions located in the Oncor, SWEPCO, CenterPoint, and TNMP service territories is vital to the continuation of meaningful rate regulation of monopoly electric companies. Under the proposals put forth by the utilities, the PUC's fundamental role as a substitute for competition would be significantly diminished. There is a significant risk in adopting any of the proposed truncated rate review mechanisms that they will be just stage one of an effort to completely eliminate effective regulation of the rates of monopoly electric utilities. Some of the mechanisms proposed by AEP are tantamount to complete deregulation of monopoly distribution and transmission services, Additionally, one can expect that this issue will spill over into the upcoming Legislative session, particularly if the PUC concludes that under the curret regulatory framework, the PUC does not have the legal authority to adopt the utilities' proposal, or if the PUC adopts a rule that is not to the liking of the utilities. Cost of participation for the City of Kennedale is $416.79. Attachments: A resolution authorizing participation with the Alliance of TXU /Oncor Cities Recommendations: City Staff recommends adopting the attached resolution. Disposition by Council: RESOLUTION WHEREAS, in November 2008, Public Utility Commission of Texas Staff ( "Staff') filed notice of Project 36358— Consideration of Alternative Ratemaking Methodologies; and WHEREAS, Project 36358 was initiated by American Electric Power Company ( "AEP ") in an attempt to eliminate the traditional rate review process and cost of service regulation applicable to monopoly utilities; and WHEREAS, other utilities, like Oncor Electric Delivery Company ( "Oncor "), are expected to join with AEP in order to make it much easier to put rate increases into effect; and WHEREAS, if successful, Project 36358 marks the beginning of the elimination of cost of service regulation of monopoly electric utilities; and WHEREAS, the Public Utility Commission of Texas ( "PUC ") has set January 6, 2009, as the deadline date for submitting briefs on the legality of "streamlined" regulation proposals; and WHEREAS, responding to the questions of legality regarding Project 36358 requires the expertise of lawyers and experts who specialize in matters of utility regulation; and WHEREAS, the City of Kennedale is an active member of a coalition of cities known as the Alliance of TXU /Oncor Cities ( "ATOC "). Participation in ATOC will benefit electric customers within our municipality by ensuring a meaningful review of electric utilities' expenses and revenues, thereby helping to keep rates reasonable; and WHEREAS, it is necessary to assess the member cities of ATOC in order to insure its effective participation at the PUC in responding to the effort by monopoly utilities to emasculate the existing rate review safeguards. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT: Section 1, The findings set out in the preamble to this resolution are in all things approved and adopted. Section 2. The City of Kennedale, Texas, is authorized to participate in PUC Project No. 36358 with other member cities of ATOC. Section 3. The ATOC steering committee will provide direction and guidance to legal and consulting experts with regard to Project 36358 and subsequent related proceedings. Section 4. The City authorizes the law firm of Herrera & Boyle, PLLC to act on behalf of the City and ATOC in connection with Project No. 36358, Section 5. Legal counsel for ATOC is authorized to take such actions in connection with Project 36358 as are in the best interest of the ratepayers of ATOC located within the city's municipal boundaries, consistent with the instructions of the steering committee, including administrative or judicial proceedings related to Project 36358. Section 6. The City of Kennedale commits to compensate the law firm of Herrera & Boyle, PLLC, according to a predetermined pro rata share of expenses based upon population as set forth in Attachment A. Section 7. The meeting at which this resolution was adopted was approved and was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 8. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 12' day of February, 2009. Bryan Lankhorst, Mayor ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney A Item No: . Subj ect: • •e - • • sup • opt fees and taxes to fund transportatio inclu ding Rail North Te S ummary: The Regional Transportation Coalition has worked for several years to fund needed transpiration projects in North Texas. The legislature will consider legislation during this session. Attachments: Policy information generated by the Regional Transportation Coalition. R ecommendation: City Staff recommends approval of the attached resolution Disposition by Council: vrt6 �-- --- --11----------4 RESOLUTION NO. RESOLUTION SUPPORTING LOCAL OPTION FEES AND TAXES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS. WHEREAS, the City of Kennedale supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, implementing the passenger rail service component of the Metropolitan Mobility Plan of the Regional Transportation Council is essential in addressing the mobility and air quality needs of the citizens of North Texas; and WHEREAS, local elected officials, business leaders and transportation professionals in North Texas have studied revenue options to fund transportation and regional rail expansion; and WHEREAS, seeking legislative authority for local option transportation fees and taxes to fund transportation including regional rail expansion appears to be the best solution to address North Texas mobility and air quality challenges. NOW THEREFORE BE IT RESOLVED by the Kennedale City Council that the 81st Texas Legislature be and hereby is urged to authorize metropolitan area counties to levy subject to voter approval fees and taxes - vehicle registration fee, motor fuels excise tax, mileage fee, driver's license fee and new resident impact fee - to raise revenue to fund passenger rail, transit, roadways and freight rail improvements, services, maintenance, operations and debt service. PASSED AND APPROVED this 12` day of February 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Attachment 1 Attachment 2 � rI vror r ' If the initiative is called Rail North Texas, why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas -Fort Worth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. . - - .._ This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model the Metropolitan Planning Organization policy body — the Regional Transportation Council in the Dallas -Fort Worth region — is responsible for making sure that projects stay on schedule. In DFW, the North Central Texas Council of Governments' Executive Board will hold the revenues, enter into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcommittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcommittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services to construct the projects. What if I have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board? Is there a way to address those bodies? No projects can be built, or taxes and /or fees imposed, that voters have not approved. Internet -based reports will keep citizens up to date. The Transportation Funding Area (TFA) will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for over 30 years. .. -, Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county votes no? Through the Rail North Texas initiative, local elected officials looked at city -by -city, county -by- county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting not to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTCOG Executive Board, the TFA, and the MPO policy board. An internet -based reporting system will be accessible to all cities, counties, and citizens of the region. Will the taxes and fees ever go away? Yes, for revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes and /or fees for capital (building) expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve. V11 I - The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county, TxDOT, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish for the TFA to undertake this task, but Dallas -Fort Worth will be exempt from that authority. MM In the Dallas -Fort Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 Why not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local funds are not impacted by donor /donee losses and revenue diversions. Transit won't work in the Dallas-Fort Worth region because it's too spread out, why are we trying to •• The success of light rail through Dallas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. DART, DCTA, and The T have seen skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming down, the transportation authorities are keeping most of those new passengers. Other areas of the country with density similar to or even less than Dallas -Fort Worth also have successful transit systems (San Francisco, Minneapolis, St. Louis, etc.) Shouldn't we be able to elect or vote out of office people raising our taxes? Most of the members of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities — with authority to impose a sales tax — are not elected positions, in fact the members are not elected officials at all. Every person registered to vote will have the opportunity to vote for or against the taxes for the TFA. These taxes will be for specific projects that can not be changed after the election. Elected officials (through the subarea roundtables) and citizens (through the election) will control the taxes and fees for selected projects. Is this adding another level of government? No. It will be adding a new tax or fee, but there will not be a new entity created with a new board and new staff. The existing Regional Transportation Council and NCTCOG Executive Board will oversee the TFA finances. These are unpaid positions. NCTCOG staff will administer all of the funds and contracts. While some additional staff may be needed, the administrative expenses will be minimal. Whether administered through a TFA housed at the NCTCOG or through the existing transportation authorities, additional taxes and /or fees are needed to implement the regional rail system. 5 Over 100 local governments and chambers of commerce signed onto the tri -party agreement, which called for the three existing transit authorities to work together to implement regional rail and called for an, additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelming, but the Rail North Texas process is fundamentally different. Local governments and organizations should have an opportunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Any new taxes and /or fees will be imposed for an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes and /or fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additional transportation. This special account is the result of not being able to add sales tax to non -DART cities. Could the TFA reallocate money away from transit projects when there is a shortfall of highway dollars? No. By taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internet -based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Will creating a TFA slow down the process of building the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the rail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. rA Attachment 3 Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not double taxing the DART service area since revenue collected within one area will go to regional rail, accelerating current rail projects or to build other transportation projects. Not having construction fees or taxes stay on forever. Fees and taxes would only last the duration of the bond repayment period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxD ®T or others to fund our needs. • • r ! ! � r • • _ A followin Not th current St ate an d r approac ra ising -evenues with no assurances that specific projects would advance. Attachment 5 District -wide Local Voter Option DRAFT Outline — December 11, 2008 Version The bill shall authorize the eight Transportation Management Areas within Texas to form a Transportation Funding Area (TFA). The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropolitan planning organization (MPO) policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative board of directors. At least two thirds of the membership of any alternative board of directors shall consist of local elected officials of cities and counties within the TFA. The bill shall authorize a TFA to: • Levy fees and taxes subject to voter approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail ® Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: • A vehicle registration fee, not to exceed $150 per vehicle per year • A motor fuels excise tax, not to exceed $0.10 per gallon • A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $0.05 per $100 appraised value • A driver's license fee, not to exceed $50 • New resident impact (vehicle registration), not to exceed $250 Implementation of this legislation within the Dallas -Fort Worth region will be as follows': The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create equity for municipalities that are members of a transportation authority. The TFA will convene as the Regional Transportation Council and will initiate special meetings at least once a quarter to hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of the MPO policy making body will be created for the transportation authorities and transportation providers to monitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Council Resolution Updated R08 -11 and Attachments 1 -5. 1 This process is modeled after the Regional Toll Revenue Funding Initiative. i0 >.y E c c g N I U c N 0 II 1 I .O .-2-0 f N I c N .�. N N `) N U 41 N� _ N J. a. O d' > 1] Lu • C O� O L ' ) 1 _ H 'P. 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I 0 m p � `L j CL ► .I S'ta ff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: VII -h Subject: Approval of a Resolution calling for a General Election to be held on May 9, 2009; approving a joint election with Tarrant County; and establishing procedures for that election. Originated by: Kathy Turner, City Secretary Summary: Attached for council consideration is a resolution and draft contract with Tarrant County to call for a General Election to be held May 9, 2009, enter into a joint election with Tarrant County, and establish procedures for such election. During this election qualified voters will be electing three City Council for Places 1, 3, and 5. Voting locations, cost estimates along with deposit of funds will not be known until after the filing deadlines have commenced (March 9, 2009 for filing ballot applications and March 16 for write -in candidates). Page 1 of 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 9, 2009; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, (the "City ") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the regular election for City Council of the City of Kennedale is required to be held on May 9, 2009, at which time the voters will elect persons to fill City Council Places 1, 3, and 5; and WHEREAS, the election will be held as a joint election, conducted under the authority of Chapter 271 of the Texas Election Code; and WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling place for the election, to appoint the necessary election officers to establish and set forth procedures for conducting the election, and authorize the Mayor to execute a contract with Tarrant County for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: Section 1. General Election Called. An election is hereby called to elect City Council Places 1, 3, and 5 to serve from May of 2009 until May of 2011 or until their successors are duly elected and qualified. The election shall be held on May 9, 2009 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale Community Center, 316 W. 3` Street, Kennedale, Texas 76060. Section 2. Joint Election Agreement Approved. The Joint Election Agreement for Tarrant County and the City of Kennedale (the "Agreement ") attached hereto as Exhibit "A" and incorporated herein for all purposes is hereby approved and the Mayor is authorized to execute the Agreement. In the event of conflict between this resolution and the Agreement, the Agreement shall control. Page 1 of 3 Section 3. Application for Place on Ballot. Qualified persons may file as candidates by filing applications in the office of the City Secretary from 8:00 a.m, to 5:00 p.m., Monday through Friday, from February 9, 2009 through March 9, 2009. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence April 27, 2009 and shall continue Monday through Friday, until May 5, 2009 at the locations determined by Tarrant County. On at least two days during the early voting period, a location for early voting shall be open for at least twelve (12) hours. b. Early voting by mail. Steve Raborn, the Tarrant County Election Administrator ( "Election Administrator ") is hereby designated as Early Voting Clerk for the general election. Applications for early voting by mail may be delivered to the Election Administrator at the following address: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161 -0011, not earlier than March 10, 2009 and not later than close of business on April 24, 2009, if delivered in person, and May 1, 2009, if delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at the same address. C. Early Voting Ballot Board. Early voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the Agreement. Section 5. Appointment of Election Judge and Alternate Election Judge. The Presiding Election Judge and Alternate Presiding Judge shall be appointed by Tarrant County as authorized by Chapter 271 of the Code. Section 6. Method of Voting. The Hart InterCivic eSlate (Direct Recording Electronic Voting System) shall be used for voting by personal appearance and on election day the Hart InterCivic eSlate (Direct Recording Electronic Voting System) and Hart InterCivic eScan (Optical Scan Voting System) shall be used. The City Council hereby adopts the Hart InterCivic eSlate DRE for early voting and the Hart InterCivic eSlate DRE and Hart InterCivic eScan for election day. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Election Code. Page 2 of 3 Section 7. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 8. Publication and Posting of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Code. Section 9. Submissions to the United States Justice Department Tarrant County is authorized to make such submissions as are necessary to the United States Justice Department to seek pre - clearance for any changes in voting practices as authorized by the Voting Rights Act of 1965, as amended. Section 10. Necessary Actions The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 11. Runoff Election. Should a runoff election be required following the canvass of the May 9, 2009 election, the Council hereby orders that a runoff election be held on Saturday June 13, 2009. The polling place on Election Day for the runoff election shall be at the same polling places as those of the original election and the hours of voting shall be between 7:00 a.m, and 7:00 p.m. Section 12. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED this 12 day of February, 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Page 3 of 3 THE STATE OF TEXAS - )UNTY OF TARRANT N JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Tarrant County: City of Arlington City of Bedford City of Blue Mound City of Crowley City of Dalworthington Gardens City of Euless City of Forest Hill City of Fort Worth City of Grand Prairie City of Grapevine City of Keller City of Kennedale City of Lake Worth City of Mansfield Town of Pantego City of Saginaw City of Southlake City of Watauga Town of Westlake City of Westworth Village City of White Settlement Arlington Independent School District Azle Independent School District Eagle Mountain - Saginaw Independent School District Fort Worth Independent School District Grapevine - Colleyville Independent School District Hurst - Euless- Bedford Independent School District Keller Independent School District Kennedale Independent School District Northwest Independent School District White Settlement Independent School District Tarrant County College District City of Sansom Park Tarrant Regional Water District t , This contract is made pursuant to Texas Election Code Sections 31.092 and 271,002 and Texas Education Code n 11,0581 for a joint May 10, 2008 election to be administered by Steve Raborn, Tarrant County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a general and /or special election on May The County owns an electronic voting system, the Hart InterCivic eSlate /eScan Voting System (Version 6.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County's electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a "Joint Election" with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant bunty Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. i'he Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each Page 1 of 9 'j participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful cone' of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Il. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the participating authority's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Tarrant County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Votinp Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 'joint election are different from the polling place(s) used by a participating, authority in its most recent election, the authority agrees to post a notice no later than May 9, 2008 at the entrance to any Page 2 of 9 1vious polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's ,,oiling place names and addresses in effect for the May election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his - npointment, the time and location of training and distribution of election supplies, and the number of election clerks that presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and /or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part -time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part -time personnel working as members of the Early Voting Ballot Board and /or central counting station on election night will be compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and /or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The grticipating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance Tall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter.is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Page 3 of 9 The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and /or propositions showing the order and the exact manner in which the candidate names and /or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and /or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Tarrant Regional Water District, Tarrant County College District, and other political subdivisions. Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day voting for that particular authority or ballot style must be held on the county's eSlate voting system. The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority. agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be distributed to each participating authority no I, later than 8:00 AM each business day. Page 4 of 9 VII. EARLY VOTING BALLOT BOARD Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator Tabu lation'Supervisor: Stephen Vickers, Tarrant County Elections Technology Coordinator Presiding Judge: Jeanne Lyons Alternate Judge: Bobbie Cornelison The counting station manager or his representative shall deliver timely cumulative reports of the election results as ^recincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for casing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site, To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct -by- precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post - election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY The Elections Administrator agrees to administer the entire City of Mansfield election including that portion of the City of Mansfield that is within Ellis and Johnson Counties. The Elections Administrator agrees to administer the entire City of Fort Worth election including that portion of the — 'ty of Fort Worth that is within Denton and Wise Counties. The Elections Administrator agrees to administer the entire City of Southlake election including that portion of the Gity of Southlake that is within Denton County. Page 5 of 9 The Elections Administrator agrees to administer the entire Town of Westlake election including that portion of the Town of Westlake that is within Denton County. The Elections Administrator agrees to administer the entire Azle ISD election including that portion of Azle ISD that is within Parker and Wise Counties. The Elections Administrator shall administer only the Tarrant County portion of the City of Grand Prairie's election. The Elections Administrator shall administer the Tarrant County portion of Northwest ISD's election as well as the Denton County portion of the District that is within the City of Fort Worth, X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election, Each participating authority shall reserve the right to reduce the number of early voting locations and /or election day voting locations in a runoff election.. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro -rated equally among the participants utilizing that polling place. The participating authorities agree that for billing purposes, each election day polling place will be evaluated as to the number of full- time - equivalent (FTE) pollworkers employed. Polling places with more than 5 FTE pollworkers will be considered as one or more additional polling places with each full or partial multiple of 5 FTE pollworkers constituting an additional polling place for purposes of determining the average cost formula in the preceding paragraph. If a participating authority's election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of The costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non - temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority's voters. Page 6 of 9 Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal cen percent (10 %) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10 %) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint c'ection as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. �. MISCELLANEOUS PROVISIONS Page 7 of 9 It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and /or other election personnel for a breach of this contract or a violation of the Texas Election Code, 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 5. In the event that one of 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 hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of this estimated obligation no later than 10 days after the candidate withdrawal deadline. The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the May 10, 2008 election (or runoff election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. Page 8 of 9 '' e total estimated obligation and required deposit for each participating authority under the terms of this agreement shall as follows: Page 9 of 9 Actual # Billed # Estimated Deposit Political Subdivision Polls Polls Cost Due City of Arlington 27 13,83 $56,448.82 $42,400.00 City of Bedford 1 0.33 $3,318.48 $2,500.00 - City of Blue Mound 1 0.5 $4,954.74 $3,800.00 City of Crowley 1 1 $9,801.01 $7,400.00 City of Dalworthin ton Gardens 1 0.5 $4,871.14 $3,700.00 -. City of Euless 2 0.67 $4,246.23 $3,200.00 City of Forest Hill 1 0.5 $9,177.31 $6,900.00 City of Fort Worth 133 45.83 $154,525.83 $115,900.00 City of Grand Prairie 1 0.33 $8,000.08 $6,100.00 City of Grapevine 1 0.33 $3,318,48 $2,500.00 City of Keller 2 0.83 $4,682.82 $3,600.00 City of Kennedale 1 0.5 $4,824.94 $3,700.00 Town of Lakeside 1 0.5 $7,184.44 $5,400.00 City of Lake Worth 1 1 $6,777.11 $5,100.00 City of Mansfield 3 3 $16,707,52 $12,600.00 Town of Pante o 1 0.5 $3,739.24 $2,900.00 City of Pelican Bay 1 0.33 $6,693,28 $5,100.00 City of Saginaw 1 0,5 $5,338.64 $4,100.00 City of Sansom Park 1 1 $6,777.11 $5,100.00 City of Southlake 1 0.5 $4,862.34 $3,700.00 City of Watauga 1 1 $6,239,21 $4,700.00 Town of Westlake 1 0.5 $5,642.24 $4,300.00 City of Westworth Village 1 0.33 $4,472.38 $3,400.00 - City of White Settlement 1 0.5 $3,739.24 $2,900.00 Arlington ISD 32 12.67 $45,946.12 $34,500.00 Azle ISD 6 1.83 $10,971.54 $8,300.00 Eagle Mountain-Saginaw ISD 10 3 $13,884.92 $10,500,00 Fort Worth ISD 130 40.58 $147,944.93 $111,000.00 - Grapevine-Colleyville ISD 5 1.17 $9,121.78 $6,900.00 Hurst - Euless- Bedford ISD 7 2.08 $14,021.12 $10,600.00 Keller ISD 16 3.67 $18,227.95 $13,700.00 Kennedale ISD 4 0.5 $4,824.94 $3,700.00 Northwest ISD 10 3 $22,455.02 $16,900.00 White Settlement ISD 6 0.83, $4,612.42 $3,500,00 Tarrant Countv College District 29 10.33 $60,858.34 $45,700.00 Tarrant Regional Water District 146 48.53 $169,067.24 $126,900.00 TOTALS 203 $868,278.99 $653,200.00 Page 9 of 9 Date: February 12 2009 Agenda Item No: vii -i. Subject:. Authorize- the City manager .tom. sign amendment to the D_ Love Gas Unit Memorandum to accommodate the change to Paragraph No. 6(d) of the lease increasing the size of a unit pooled for gas to not substantially exceed in area 450 acres. Summary: XTO leased- mineral interests- in the area generally west of New Hope load. Development of the area is through the D. Love Gas unit. XTO has requested permission to amend the memorandum of which was recorded under Tarrant County Clerk's File No. D206345307, providing that -any pooled unit for the production- of oil or gas -may not be amended without the written consent. Accordingly, XTO Energy lnc. - has requested the City consent to the amendment of the D. Love Gas unit, as formed in that certain Designation of Unit dated July11, 2007, filed November 12, 2008, under Tarrant County Clerk's File No. D207243025, to accommodate the change to Paragraph No. 6(d) of the Lease increasing the size of a unit pooled for gas to not substantially exceed in area 450 acres, made by that Second Amendment of Oil and Gas Lease and Memorandum -of Oil and Gas Lease., by and between City of Kennedale and XTO Energy Inc., effective as of August 8, 2006, the date of the Lease. Recornmended- action: Authorize the city manager to. sign the lease- adjustment CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII i MOTION: COUNCIL MEMBERS MOTION SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER E ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO FOLLOW UP: fftll, It' �6 t YeR4�1 CARRIED FAILED ,40,u� V- 10- Z O9 f) 1' 1 Apm Date: February 12, 2009 Agenda Item No: ItIIi -j Subject: 35 Year Community Development Block Grant Project Originated by: Larry Ledbetter, Public Works Director Summary: The City has an annual Public Works project that is funded by the Community Development Block Grant Program (CDBG) administered by Tarrant County. As part of the process, the County requires that the City authorize the project and pledge any funds that the City may use in participation of the project. This year's recommended project is the continuation of last years project, with this year being of the replacement of 800 linear feet of Sanitary Sewer in the Old Town Neighborhood on Spiller Street. The project will replace aging clay lines and manholes, thus minimizing stoppages, inflo and infiltration. This project includes open cut and pipe burst construction and replaces three (3) manholes. The estimated construction cost of the project is $97,515.00 of which the City's participation would be estimated at $5,000.00 and would be budgeted in next years Water and Sewer Budget. Recommendation: Staff recommends approval Disposition by Council: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING FUNDING PARTICIPATION WITH TARRANT COUNTY COMMUNITY DEVELOPMENT AND HOUSING FOR THE 35 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR SANITARY SEWER IMPROVEMENTS WITHIN THE CITY OF KENNEDALE, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the City Council Meeting of February 12, 2009, the City Council of the City of Kennedale approved the 35 Year Community Development Block Grant Project (CDBG) to replace 800 linear feet of Sanitary Sewer along Spiller Street, City of Kennedale, Texas; and WHEREAS, the budget for the project approved on February 12, 2009 reflected an estimated construction cost in an amount of $97,515.00 with the City of Kennedale pledging funds in an amount of $ 5,000.00 ; and WHEREAS, the City funds will be budgeted in the 2009 /2010 fiscal year budget and will be utilized for project costs in excess of the CDBG funds available for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. That this resolution shall be effective upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS on this 12 day of February 2009. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary g:citN secretary/ citycouncil /resolutions(02- 04 -09) CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -k MOTION: COUNCIL MEMBERS MOTIgAf 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 405 Municipal Drive, Kennedale, Texas 76060 SI PUBLIC HEARING SUBJECT: To receive citizens' comments regarding a city initiated zone change for: Case #PZ 08 -26 (Block 1, Lot 3, Southwest Crossing Addition; Physical address is 4900 US 287 Hwy.) and Case #PZ 08 -27 (Block 1, Lot 4, Southwest Crossing Addition; Physical address is 4970 US 287 Hwy.) from that of "C -I" Restricted Commercial District to that of "C -0" Retail Commercial. 1. NAME: 2tJ! AJ ZIP PHONE NUMBER: 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #PZ 08- DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR 2Q AGAINST CASE #PZ 08- 3. IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 4. "THEIR BUSINESS ADDRESS IS: SIGNATURE: `�l L 1 Z m DATE: February 12, 2009 405 Municipal Drive, Kennedale, Texas 76060 SUBJECT: To receive citizens' comments regarding a city initiated zone change for: Case #PZ 08 -26 (Block 1, Lot 3, Southwest Crossing Addition; Physical address is 4900 US 287 Hwy.) and Case #PZ 08 -27 (Block 1, Lot 4, Southwest Crossing Addition; Physical address is 4970 US 287 Hwy.) from that of "C -1" Restricted Commercial District to that of 11 C -0" Retail Commercial. 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #PZ 08- DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR AGAINST CASE #PZ 08- V4 3. IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 4. THEIR BUSINESS ADDRESS IS: 1 , T O - TC SIGNATURE: (7 DATE: February 12, 2009 405 Municipal Drive, Kennedale, Texas 76060 H PUBLIC SIG N-IN SUBJECT: To receive citizens' comments regarding a city initiated zone change for: Case #PZ 08 -26 (Block 1, Lot 3, Southwest Crossing Addition; Physical address is 4900 US 287 Hwy.) and Case #PZ 08 -27 (Block 1, Lot 4, Southwest Crossing Addition; Physical address is 4970 US 287 Hwy.) from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. 2. 1 HEREBY ❑ WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #PZ 08- X�DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR AGAINST CASE #PZ 08- V4 3. IN REGISTERING, I REPRESENT: ❑ MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: sm 4. THEIR BUSINESS ADDRESS IS: , O SIGNATURE: (7 DATE: February 12, 2009 FEB- 11- 2009(WED) 12;44 FID NRTL TITLE- HIGGINS & SHURTZ (FRX)8175461167 P.0021002 Higgins & Shurtz, PLLC 6618 Bryant Irvin Road, Suite 102 Fort Worth, Texas 76132 (817) 545 -4130 Gregory W. Higgins Direct (817154 gh1491naQhlgglna.ahurte.com Fbx (017) 640444G C 4121 February 11, 2009 Vie TetecooV and Ovemictht Courier City of Kennedale Kennedale City Hall 405 Municipal Drive Kennedale, Texas 76050 Re: Case PZ 08 -26, related to the property Located at 4900 US Highway 287, Kennedale, Texas (the "Property ") Gentlemen: The undersigned represents EECU and has been authorized by EECU to submit this protest on its behalf, On or about January 16, 2008, EECU purchased the Property from GE Capital Finance Corporation. The Property is the subject of a proposed zoning change initiated by the City of Kennedale, pursuant to which the City seeks to change the zoning classification for the Property from C -1 /Restricted Commercial to C -0 /Retail Commercial.. This proposed zoning change was initiated during the period of time that GE owned the Property and GE protested the proposed zoning change, While we believe that the protest filed by GE will continue to apply to the consideration of the proposed change, please be advised that EECU hereby protests the proposed change in zoning pursuant to Article 17429 of the Municipal Code of Kennedale and Section 211.006 of the Texas Local Government Code. EECU is the owner of 100% of the property made the subject of the proposed change. Please let me know if you have any questions in this regard. y yours, -a. I ,, cc: Client district court in the county where the property is located, and if successful, recover reasonable attorneys fees and expert witness fees, both of which were denied in Flower Mound, despite the developer's victory in that case. TEX. Loc. Gov'T CODE §212.904. D. Required Objections to Improper Exactions..A landowner must consistently object to improper platting exactions at every opportunity and at an administrative level, or the landowner will be deemed to have consented to the exaction. Rischon Dev; Corp, v. City of Keller, 242. S.W.3d 161, 167 (Tex. App. —Fort Worth 2007, pet. denied). In Rischon, the developer waited until after its plat, and a related development agreement; were approved before objecting to required exactions, and the failure to timely and repeatedly object was considered a waiver. Id. In Town of Flower Mound v. Stafford Estates, L.P, 71 S.W.3d t8,30 (Tex. App. —Fort Worth 2002), affd 135 S.W.3d 620 (Tex. 2004), the landowner repeatedly objected to the contested exactions throughout the platting process, but ultimately acceded to the city's requirement at the final plat stage. The fact that the developer only acceded under protest was held sufficient to preclude a waiver of the landowner's right to later challenge the exactions. Id. 9. MAY THE RULES BE CHANGED AFTER PLAT APPLICATION? NO. A landowner has "vested rights" in the rules and regulations application to a plat upon first application for a "project ". TEX. Loc. GOV'T CODE § 245. This is known as the "Freeze Law." TEX. Loc. Gov'T CODE § 245.002(a) states: Each regulatory agency shall consider the approval, disapproval, or conditional approval of an application for a permit solely on the basis of any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the permit is filed for review for any purpose, including review for administrative completeness; or a plan for development of real property or plat application is filed with a regulatory agency. tare s vested % t ap lies to su sequent governmental approvals in the platting process so long as hey all art o same ro' ec Therefore, if a landowner hears that the subdivision ordinance of the city is being redrafted and is proposed to implement limitations which will negatively impact the land owner, they can have a "race to the application window" to submit for plat approval prior to the date that the revised rules and regulations are legally applicable. See Quick v. City of Austin, 7 S.W.3d 109, 111 (Tex. 1998) for a complete discussion of the history of the Freeze Law and the peculiarities of its inadvertent repeal in 1997, and re- adoption in 1999. The Freeze Law is constitutional and not an illegal delegation of authority to private parties. City ofAustin v. Garza, 124 S.W.3d 867, 873 -4 (Tex. App.— Austin 2003, no pet.). A preliminary plat approval creates vested rights for the entire subdivision area, including individual lots, such that no new development rules may be applied for construction on those lots (subjPet to any applicable exceptions to that general rule). Hartsell v. Town 9fTalty,130 S.W.3d 325, 29 325,328 (Tex. App.– Dallas 2004, pet. denied). 'In Hartsell, the court rejected the city's position that the plat was a distinct "project" for vested rights purposes, separate from development activities on the tracts created by the plat. Noting the practical concerns of the city, that "outdated" rules would apply to future development, the court countered that the legislature clearly intended such result "to alleviate bureaucratic obstacles to economic development." Id. In 2005, the Freeze Law was amended to do the following: 1. Waive governmental immunity as to vested rights. TEX. Loc. GOVT CODE §245.006; 2. Expand the matters covered. TEX. Loc. GOVT CODE §245.005 and discussion below; 3. Add utility contracts to the definition of a "permit ". TEX. Loc. GOVT CODE §245.001; 4. Clarify when vested rights accrue- on filing original application or plan for development or plat approval "that gives the regulatory agency fair notice of the project and the nature of the permit sought." TEX, Loc, GoVT CODE §245.002; and 5. Permit a regulatory agency to cause a permit application to expire the 45` day after filed if additional required information is not provided (after notice and opportunity to cure). TEX. Loc, GOVT CODE §245.002(e). The Freeze Law addressed select issues. Exempted from vested rights are building codes, SOB regulations, colonia regulations, development fees, annexation, utility connection issues, life safety issues and city regulations which do not affect the following: • 'landscaping or tree preservation • open space or park dedication • property classification (i.e., zoning) • lot size, dimensions or coverage • building size • development permitted by a restrictive covenant required by a city. Therefore, only municipal regulations affecting the foregoing list are "frozen ". The first 3 are new in 2005 and add protection against down zoning (i.e., a change in zoning classification). Previously, vested rights were, effectively, limited to subdivision platting issues. The change appears to be a legislative response to Sheffield Development Company, Inc. v. City of Glenn Hill Heights, 140 S.W.3d 660 (Tex. 2004), where down zoning was upheld by the Texas Supreme Court under circumstances where the city council acted callously. Since 2005, the San Antonio Court of Appeals has addressed the scope of the statutory term "prof ect" in 3 cases as owners have become more and more aggressive in the types of applications and permits which are alleged to vest a development. In City of San Antonio v. En Seguido, Ltd., 227 S.W.3d 237 (Tex. App. —San Antonio 2007, no pet.), the court held that a 1997 subdivision plat might be sufficient to vest rights for a different subsequent development. In City ofHelotes v. Miller, 243 S.W.3d 704 (Tex. App. —San Antonio 2007, no pet.), the court held that several applications and minor permits, utility contract and preliminary plats for a proposed Wal- Mart - anchored project might be sufficient to vest rights to pursue more generalized retail development after Wal -Mart pulled out of 30 after Wal -Mart pulled out of the project. In Continental Homes of Texas, L.P. v. City of San Antonio, NO. 04-07-00038-CV 2008 Tex. App. LEXIS 2709 (Tex. App. — San Antonio Apr. 16, 2008, no pet. h.), the court held that vested rights are not waived by landowner failure to administratively appeal development approvals attempting to apply land use regulations adopted subsequent to the vesting date, where the city never affirmatively plead waiver. In the Miller and Cont'l Homes cases, declaratory judgments were used to confirm a landowner's vested rights. 10. MAY THE GOVERNMENT HALT DEVELOPMENT TO CONSIDER CHANGES TO ITS SUBDIVISION REGULATIONS? YES, BUT THE MORATORIUM MUST BE LIMITED IN LENGTH. A city may institute a moratorium on plat applications by city council action in order to prevent the "race to the application window" while it is considering changes to its subdivision ordinance. A moratorium of six months has been held clearly defensible. Mont Belvieu Square, Ltd. v. City of Mont Belvieu, 27 F. Supp.2d 935, 937 (S.D.Tex. 1998). Mont Belvieu Square, Ltd held a six -month moratorium for consideration of a zoning ordinance valid as a matter of law. See also Sheffield Development Co. v. City of Glenn Heights, 140 S.W.3d 660 (Tex. 2004) (upholding a fifteen -month moratorium). According to the court in Sheffield Development Co., "the moratorium... substantially advanced a legitimate governmental purpose" and was not a taking of developer's property; during eight months of the moratorium, the city rezoned seven planned developments in an orderly, but slow, process toward resolving the differences between the city council, the planning and zoning commission, and the city's consultant, and the developer did not show that the moratorium had an economic impact distinct from the rezoning or how,his reasonable, investment - backed expectations excluded the possibility of a fifteen -month delaY4% Shef eld, 140 S.W.3d at 663. In 2001 (amended in 2005), the legislature adopted limitations on development moratoria, TEX. Loc. GOVT CODE ANN. § § 212.131 et. seq. A moratorium does not affect vested rights under TEX. Loc. Gov'T CODE Chapter 245 or common law. TEX. Loc. Gov'T CODE ANN. § 212.139. The limits include the following: ■ Required public hearings with notice; Limits on when temporary moratoria may commence; • Deadline for action on a proposed moratorium; • Required findings in support of the need for the moratorium; • Limitation of moratorium to situations of shortage of (i) essential public services (defined as water, sewer, storm drainage or street improvements), or (ii) "other public services, including police and fire facilities "; • Commercial moratoria not based on a shortage of essential public facilities is limited to situations where existing cominercial development ordinances or regulations are inadequate to prevent the new development from being detrimental to the public health, safety, or welfare; • Moratorium on residential property automatically expires after 120 days from adoption, unless extended after a public hearing and specified findings; • Moratorium on commercial property not based on shortage of essential public facilities expire 90 days after their adoption but can be extended after a public hearing and specific findings to 31 Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: VIII -k Subject: Public Hearing, Review and Consider Action to approve an Ordinance for Case #PZ 08- 26 and Case #PZ 08 -27, city initiated zone change to Lots 3 and 4, Block 1, of the Southwest Crossing Addition from that of "C -1" Restricted Commercial District to that of "C-0" Retail Commercial. Originated by: Kathy Turner, City Secretary Summary: This item went before the City Council on January 8, 2009. Recommendation was brought forth to continue the hearing, review, and action of Case #'s PZ 08- 26/08 -27 until the February 12, 2009 meeting to allow all Council to be in attendance. Representatives from EECU and the landowner were present during the January meeting and registered in opposition of the proposed zone change. Council was made aware during the meeting that EECU had obtained a building permit and permit was pending issuance - awaiting contractor's name, and project would proceed regardless of action taken. The Planning and Zoning staff report is attached for your review, as well as a draft ordinance to ratify the zone change, if needed. • . -• • • Disposition by Council: EMA - am To the Members of the Planning & Zoning Commission Date: January 2, 2009 Subject: PZ Case# 08 -26 and 08 -27 Originated by: Crystal Tort, Planning Assistant Summary: At the Planning and Zoning Meeting on November 20, 2008, the Commission made a motion to initiate a zone change for the lots zoned C -1 (Restricted Commercial) located in front of Wal -Mart, to be rezoned to C -0 (Retail Commercial). Since the three lots in front of Wal -Mart are part of a development, Staff feels that the other two lots in this development should also be zoned C -0. During the negotiations between Arlington and Wal -Mart regarding the location of the Wal- Mart facility, the City of Kennedale's understanding was that the three lots located in front of Wal -Mart would be retail only. The desire for Retail only is to help with the financial funding by increasing sales tax revenue to the City. Actions by agents representing Wal- Mart in selling these two lots were not sensitive to those needs. Consequently the City is requesting a zone change of Lots 3 and 4 of the Southwest Crossing Addition to be re- zoned to C -0, in order to assist the City in financial planning. On December 18 the Planning and Zoning Commission voted 4 to 0 to recommend approval of a City initiated zone change to Block 1, Lots 3 and 4 of the Southwest Crossing Addition to C -0 (Retail Commercial). Please see attached Kennedale Zoning Map. Recommendation: Staff Recommends approval. Disposition by Commission: ORDINANCE NO. 422 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 1.8260 ACRES ENCOMPASSING LOTS 3 AND 4, BLOCK 1, SOUTHWEST CROSSING ADDITION, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was initiated by the City of Iennedale in order to encourage the most appropriate use of the property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on December 18, 2008 and by the City Council of the City of Kennedale on the 8th day of January 2009, and on the 12 day of February 2009, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c:\kturner \council \ord\zonechg08 - 26/08- 27(RO1 -8 -09) Page 1 of 4 Lots 3 and 4, Block 1, Southwest Crossing Addition, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety fi•om fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. c:\lcturner \council \ord \zonechg08 - 26/08- 27(RO1 -8 -09) Page 2 of 4 SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect 'any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 12 day of February 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c: \kthu council \ord\zonechg08 - 26/08- 27(R01 -8 -09) Page 3 of 4 �D A c:\kturner \council \ord \zonechg08 - 26/08- 27(RO1 -8 -09) Page 4 of 4 Notice Details - City of Kennedale Notice of Public Heari City of Kennedale Notice of Public Hearing The Kennedale City Council will hold a public hearing on Case #PZ 08 -26 and Case #PZ 08 -27 on Thursday, January 8, 2009 at 7:00 PM in the City Council Chambers located at 405 Municipal Dr., Kennedale, TX 76060 to receive citizen "s comments regarding an initiated zone change to the below listed properties. Properties are currently zoned "C -1" (Restricted Commercial District) with a proposed zoning classification to "C -0" (Retail Commercial). Case #PZ 08 -26 - Block 1, Lot 3, Southwest Crossing Addition, physical address of 4900 US 287 Hwy. Case #PZ 08 -27 - Block 1, Lot 4, Southwest Crossing Addition, physical address of 4970 US 287 Hwy. All interested persons are encouraged to attend the hearing or may furnish written comments prior to the hearing to the City Secretary "s Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. To obtain additional information please call 817.985.2135. 30217671 Page 1 of 1 http : / /www. l egalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =3 5 3 ... 1/2/2009 q _ - ! 1 �at�i FS i f� K ENNEDAL E CLASSIFIEDS LEGAL NOTICES � 2��= City of Kennedale Notice of Public Hearings The Kennedale City Council will hold public hearings on the following Planning and Zoning Cases scheduled for Thursday, February 12, 2009 at 7:00 PM in the Council Chambers, Kennedale City Hall, 405 Municipal Dr., Kennedale, TX 76060. Citizen's comments will be received during the hearings regarding the following city initiated and /or individual requested zone changes: Case #PZ 08 -26 - Block 1, Lot 3, Southwest Crossing Addition. Physical Address is 4900 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case #PZ 08 -27 - Block '1, Lot 4, Southwest Crossing Addition. Physical Address is 4970 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Family Residential District. Case #PZ 09 -06 - Abstract 1361, Tract 9A03, Jesse Russell Survey. Physical address is 6895 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -07 -Block 1, Lot 4, Jesse Russell Addition. Physical address is 6901 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R-2" Single Family Residential District. Case #PZ 09 -08 - Abstract 1361, Tract 9A05, Jesse Russell Survey. Physical address is 5900 Eden Rd, East, City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -09 - Abstract 1361, Tract 9A01, Jesse Russell Survey. City initiated zone change from that of "C -2" General Commercial District to that of 11 R -2" Single Family Residential District. Case #PZ 09 -01 - Abstract 1361, Tracts 11, 11A, 11A1, and 12, Jesse Russell Survey, Physical addresses are 3850 South Eden Road, 7141 Kemedale Parkway, and 7161 Kennedale Parkway, Zone change request from that of "R -3" Single Family Residential District to that of "C-2" General Commercial District by Thomas S, Mackie on behalf of RPC Industrial. Case #PZ 09 -02 - Abstract 1361, Tract 9A04, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case 9PZ 09 -03 - Abstract 1361, Tract 9A06, Jesse, Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -04 - Abstract 1361, Tract 9A07, Jesse Russell Survey. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -05 - Abstract 1361, Tract 9A, Jesse Russell Survey. Physical address is 6875 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Case #PZ 09 -10 - Abstract 1361, Tract 91701, Jesse Russell Survey. Physical address is 5840 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District, Case #PZ 09 -11 - Abstract 1361, Tract 91701A, Jesse. Russell Survey. Physical address is 8040 Eden Tap Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. LEGAL NOTICES I Jesse Russell Survey. Physical address is 58. Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. All interested persons are encouraged to attend the hearings or may furnish written comments prior to the hearings to the City Secretary's Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. To obtain additional information please City of Kennedale Notice of Public Hearing The Kennedale City Council will hold a public hearing on Thursday, February 12, 2009 at 7:00 p.m, in the Council Chambers, Kenmedale City Hall, 405 Municipal Dr., Kennedale, TX 76060. The purpose of the hearing is to receive citizen's comments regarding projects to be funded under the Community Development Block Grant (CDBG) Program. This grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate- income neighborhoods. Projects will be identified for the 35th Year CDBG. All interested persons are encouraged to attend the hearing or may furnish written comments prior to the hearinr the City Secretary's Office, City of Kennedale, Municipal Dr., Kennedale, TX 76060. ' FOR SALE 1995 Georgie Boy Cruise Air. 34 feet long, 2 air conditioners, 2 televisions, refrigerator with ice maker, large bath area. Interior excellent shape. 47,000 miles. 460 Ford engine chassis. 817- 401 -4218 Case #PZ 09 -12 - Abstract 1361, Tract 917, Jesse Russell Survey. Physical address is 5869 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -13 - Abstract 1361, Tract 9D02, Jesse Russell Survey. Physical is 5844 Eden Rd. East. City initiated zone change from'that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -14 - Abstract 1361, Tract 9D01, Jesse Russell Survey. Physical address is 5640 Eden Rd. East. City initiated zone changb from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -15 - Abstract 1361, Tract 91), 1311 T Electric - Big jobs, small jobs, ceiling fans, plugs, residential, commercial, garden outdoor electric needs, licensed electrician Free estimates. Discount to Kennedale Residents 81<7- 966•'""'6 E LC1+YIIENT 4 AD SALES Carlos 817- 459 -2763 Avg $600 -$800 wk Shill: ($),1M -F, 8 ®4:30 Pd vae /holiday, Arl 54 rn f 4R2 1,894 Google Maps G Kennedale, TX 76060 Page I of I http://maps.google.com/maps?hl=en&tab=wl 12/11/2008 GE Cap Franchise Finance Corp 45 0 S Or ange A venue Orlan FL 3280 1-3383 Wayne L and Kari Wilson 3332 Thorntree Court Arlington, TX 76016 11� 1 Stores L Tax Dept Ms 0555 PO Box 8060 Bent onville 0 National Retail Properties Inc PO Box 167129 Irving , TX 75016 National Conv Stores Inc PO Box 690110 San Antonio, TX 78269 James and Jean Mazareas 6101 Pelican Bay Blvd Apt 1405 Naples , FL 34108 Arlington Shopping Center LLC 5851 Ridge Bend Road Memphis, TN 38120 Gary Satterfield Capital One National Assoc 313 Carondelet St FI 4 New Orleans, LA 70130 .rr Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold . a Public Hearing for the following cases_on Thursday, December: 18, 2008 at . 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas . 76060. Case # PZ 08 -26 to receive citizen's comments regarding a City initiated zone change to Block 1, Lot 3 of the Southwest Crossing Addition with the physical address being 4900 US 287 Hwy. The lot is cuurently zoned C -1 (Restricted . Commercial District) . and , proposed zonin is C -0 (Retail Commercial). Case # PZ 08 -27 to receive citizen's comments regarding a City initiated zone change 'to Block 1, Lot 4 of the Southwest Crossing Addition with . the physical address being 4970 US 287 . Hwy. The i lot is currently zoned C -1 (Restricted Commercial District) and the proposed zoning is C -0 (Retail Commercial). Case # PZ 08 -28 to receive citizen's comments regarding' a City initiated zone change to Block 3, Lot C of the Beacon Hill Addition with the physical address being 1201 Mansfield Cardinal Road. The lot is currently zoned C -2 (General Commercial District) and the proposed " ' zoning is C -1 (Restricted Commercial District). All interested persons are encouraged to- attend the Public Hearingormayfiimish written comments prior to the meeting to the City of I�ennedale, 405 Municipal Drive, Kennedale, TX, 76060. Any other information may be acquired by calling (817) 985 -2135. F � u Ms. Crystal M. Tort Planning and Zoning Secretary City of Kennedale, TX 405 Municipal Drive Kennedale, TX 76060 GE Capital Solutions 450 South Orange Avenue 11th Floor Orlando, Fl. 32801 USA T +1 407 540 2000 Re: Zoning Case # PZ 08 -26, being Block 1, Lot 3 of the Southwest Crossing Addition with the physical address being 490 US 287 Hwy Dear Ms. Tort: As the owner of all of the property subject to this city initiated rezoning, the purpose of this letter is to voice our opposition to the proposed zoning change. Pursuant to Section 17- 429(g) of the City of Kennedale Code of Ordinances, this written opposition will serve to require a three- fourths majority vote of the City Council in order to approve the proposed zoning change. Sincerely, SUBSCRIBED AND SWORN BEFORE ME on this 12 day of December, 2008, to certify which witness my hand and seal of office. Notary Pu is - -State 121alna Grayson My Gommisslon OD800488 �: �°� �unit�s i 4 /2dl2f1i A 999993-112/12/2008 i t �_ �f �r � � ., f CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -1 MOTION: COUNCIL MEMBERS MOTION SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON lz MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CARRIED a- CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: rid d Yn 4"4a . � �af�l� � cce� C � [oadim a,(�h � kt Film ON f ao - v r---Cq (!,; po'q-a'af 4vneit L.,�v vw " 4,. 'kJ [L� q ef CITY )O V ,4ZE 405 Municipal Drive, Kennedale, Texas 76060 NM 17HOWI J! SUBJECT: To receive citizens' comments regarding Case #PZ 09 -01, a zone change request for the following parcels: Tracts 11, 11A, 11A1, and 12, out of the Jesse Russell Survey, Abstract 1361— Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway from that of "R -3" Single Family District to that of "C -2" General Commercial District. Zone Change requested by Thomas S. Mackie on behalf of RPC Industrial. 1. NAME: ADDRESS: PHONE NUMBER: Zjj ( 2. 1 HEREBY 1 TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #09 -01 ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #09 -01 3. IN REGISTERING, I REPRESENT: ❑ MYSELF ATHE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 4. THEIR BUSINESS ADDRESS IS: SIGNATURE: (,"" / ��- t'(��°' °��''` �` DATE: February 12, 2009 CITY OF KEA/NEDALE 405 Municipal Drive, Kennedale, Texas 76060 SUBJECT: To receive citizens' comments regarding Case #PZ 09 -01, a zone change request for the following parcels: Tracts 11, 11A, 11A1, and 12, out of the Jesse Russell Survey, Abstract 1361— Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway from that of "R -3" Single Family District to that of "C -2" General Commercial District. Zone Change requested by Thomas S. Mackie on behalf of RPC Industrial. 1. NAME: 1 1 h/6 `1 "-�, J. A, & C'Cl t ADDRESS: wz3 CXgow 61-. _)4 ZIP ZJ Z 4_a� PHONE NUMBER: C;, 1 - -- f _� � `r S 2. I HEREBY WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: P'rOR ❑ AGAINST CASE #09 -01 ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #09 -01 3. IN REGISTERING, I REPRESENT: R MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 4. T'HE1R BUSINESS ADDRESS IS: S � SIGNATURE: tc DATE: Febrriaq 12, 2009 405 Municipal Drive, Kennedale, Texas 76060 HEARING PUBLIC SIGN-IN FORM SUBJECT: To receive citizens' comments regarding Case #PZ 09 -01, a zone change request for the following parcels: Tracts 11, 11A, 11A1, and 12, out of the Jesse Russell Survey, Abstract 1361— Physical addresses are 3850 So. Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway from that of "R -3" Single Family District to that of "C -2" General Commercial District. Zone Change requested by T comas S. Mackie on behalf of RPC Industrial. 1. NAME: 2. I HEREBY G! 1 WISH TO ADDRESS COUNCIL, AND REGISTER THE FOLLOWING OPINION: K FOR ❑ AGAINST CASE #09 -01 ❑ DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION: ❑ FOR ❑ AGAINST CASE #09 -01 3. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 4. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: February 12, 2009 =MA Date: February 6, 2009 =-rwrmg 4 Subject: PZ Case# 09 -01 Originated by: Crystal Tort, Planning Assistant Summary: Mr. Thomas S. Mackie representative of RPC Industrial has applied for a zone change for the property located at 3850 South Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway. The property consists of approximately 11.1 acres with the legal description of Abstract 1361, Tracts 11, 11A, 11A1, and 12 of the Jesse Russell Survey in the City of Kennedale, Tarrant County, Texas. The Current Zoning is "R -3" (Single Family Residential) and Mr. Mackie is proposing a Zone Change to "C -2" (General Commercial District). According to the Future Land Use Plan this area is designated for Commercial /Retail & Office. Please see attached Kennedale Zoning Map and Future Land Use Plan, along with a Concept Plan submitted by the Applicant. Mr. Mackie will discuss the details of the Concept Plan and development at the meeting. At the January 15 Planning and Zoning Meeting the Commission voted five (5) to one (1) to recommend approval of the zone change of 3850 South Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway from R -3 to C -2. '• i • • • • • ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 11.1 ACRES ENCOMPASSING ABSTRACT 1361, TRACTS 11, 11A, 11A1, AND 12, OUT OF THE JESSE RUSSELL SURVEY, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was initiated by the City of Kennedale in order to encourage the most appropriate use of the property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on January 15, 2009 and by the City Council of the City of Kennedale on the 12th day of February 2009, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KEN NEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c: \kturner \council \ord\zonechg09 - 01(02- 04 -09) Page 1 of 4 Abstract 1361, Tracts 11, 11A, 11A1, and 12, out of the Jesse Russell Survey, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R -3" Single Fam i ly Residential District to that of "C -2" General Commercial District, SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. c: \kturner \council \ord \zonechg09 - 01(02- 04 -09) Page 2 of 4 SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 12' day of February 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c: \kturner\ council \ord \zonechg09 - 01(02- 04 -09) Page 3 of 4 EXHIBIT "A" For Wanda Sanfford's Property: Approximate 5.0 Acres (217,800 square feet) described as a Five (5 ac) tract at 3850 Eden Road, Kennedale, Texas 76060, and being kart of the Jesse Russell Survey Al361, 1 and al. For William Navels Property-. Approximate 6.0 Acres (261,360 square feet) described as Tract 6 in the Jesse Russell Survey, A1361, tr l la and tr12, Tarrant, County, Texas, ("Property"), 4161 Kennedale Parkway, Texas, 76060. Page 4 of 4 KENN EDALE CLASSIFFEDS LEGAL I O T 1G1 City of Kennedale Notice of Public Hearings The Kennedale City Council will hold public hearings on the following Planning and Zoning Cases scheduled for Thursday, February 12, 2009 at 7:00 PM in the Council Chambers, Kennedale City Hall, 405 Municipal Dr,, Kennedale, TX 76060. Citizen's comments will be received during the hearings regarding the following city initiated and /or individual requested zone changes: Case #PZ 08 -26 - Block 1, Lot 3, Southwest Crossing Addition. Physical Address is 4900 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of 11 C -0" Retail Commercial. Case #PZ 08 -27 - Block 'I, Lot 4, Southwest Crossing Addition, Physical Address is 4970 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Family Residential District. Case #PZ 09 -06 - Abstract 1361, Tract 9A03, Jesse Russell Survey. Physical address is 6895 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Conunercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -07 -Block 1, Lot 4, Jesse Russell Addition. Physical address is 6901 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -08 - Abstract 1361, Tract 9A05, Jesse Russell Survey. Physical address is 5900 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District, Case #PZ 09 -09 - Abstract 1361, Tract 9A01, Jesse Russell Survey. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -01 - Abstract 1361, Tracts 11, 11A, 11A1, and 12, Jesse Russell Survey. Physical addresses are 3850 South Eden Road, 7141 Kennedale Parkway, and .7161 Kennedale Parkway. Zone change request from that of "R -3" Single Family Residential District to that of "C -2" General Commercial District by Thomas S. Mackie on behalf of RPC Industrial. Case #PZ 09 -02 - Abstract 1361, Tract 9A04, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09,03 - Abstract 1361, Tract 9A06, Jesse. Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -04 - Abstract 1361, Tract 9A07, Jesse Russell Survey. City initiated zone change fi•om that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -05 - Abstract 1361, Tract 9A, Jesse Russell Survey. Physical address is 6875 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Case #PZ 09 -10 - Abstract 1361, Tract 91 Jesse Russell Survey. Physical address is 5840 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -11 - Abstract 1361, Tract 9FOIA, Jesse Russell Survey. Physical address is 8040 Eden Tap Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -12 - Abstract 1361, Tract 9F, Jesse Russell Survey. Physical address is 5869 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -13 - Abstract 1361, Tract 9D02, Jesse Russell Survey. Physical is 5844 Eden Rd. East. City initiated zone change from'that of "C -2" General Commercial District to that of "R-2" Single Family Residential District. Case #PZ 09-14-Abstract 1361, Tract 91301, Jesse Russell Survey. Physical address is 5640 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District, Case #PZ 09 -15 - Abstract 1361, Tract 9D, LEGAL NOTICES Jesse Russell Survey. Physical address is 5', Eden Rd. East. City initiated zone change frorn that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. All interested persons are encouraged to attend the hearings or may furnish written comments prior to the hearings to the City Secretary's Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. To obtain additional information please City of Kennedale Notice of Public Hearing The Kennedale City Council will hold a public hearing on Thursday, February 12, 2009 at 7:00 p.m. in the Council Chambers, Kennedale City Hall, 405 Municipal Dr., Kennedale, TX 76060. The purpose of the hearing is to receive citizen's comments regarding projects to be funded under the Community Development Block Grant (CDBG) Program. This grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate - income neighborhoods. Projects will be identified for the 35th Year CDBG. All interested persons are encouraged to attend the hearing or may furnish written comments prior to the hearm the City Secretary's Office, City of Kennedale, Municipal Dr., Kennedale, TX 76060. FOR S AIL 1995 Georgie Boy Cruise Air. 34 feet long, 2 air conditioners, 2 televisions, refrigerator with ice maker, large bath area. Interior excellent shape. 47,000 miles. 4.60 Ford engine lk chassis. 817- 401 -4218 1?11 Electric - Big jobs, small jobs, ceiling fans, plugs, residential, commercial, garden outdoor• electric needs, licensed electrician Free estimates. Discount to Kennedah Residents 317-966-9" EMP LOYMENT AD SALES Carlos 817-459-2763 Avg $600 ®$800 wlc+ Shift ($), WIT, 8 -4:30 Pd vadholiday, Arl December 12, 2008 Mr. Bob Hart City Manager City of Kennedale i0_ Municipal Drive e Texas RE: Industrial Proposed 3850 S. Eden Road - Kennedale, Texas 76060 4161 Kennedale Parkway - Kennedale, Texas 76060 Proposed Development of approximate 11 acres RPC Industrial 7923 Caruth Ct., Dallas, "texas 75225.1' 561 998 8100 Ex 304® F 561 998 8101 ^ www.RPCholdings.com PE T10 1 F-l.1 R CHANGE OF ZONING CLASSIFICATION City Co City of Kennedale Kennedale, Texas 76060 You are hereby respectfully requested to approve the following request for a change of zoning To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning class o " -3 " ( Single Family Res. ) to that of " -2 " ( Gen . Commercial ) in it's entiret as shown on Exhibit "B" a ttached. The property totals some 11. 4- /- acres. Legal Descrip is See attached sheet for Legal Description Present use of the property is Vacant X 4- � Address of the property is 3850 Eden Rd & 4� ennedale Pkwy Kennedale, Tx 76060 Property Owner's dame: William Nave and Wanda Sanford Address: William: 31956 E 237th St. Ridgeway, Mo. 64481 -9128 Wanda: 3850 Eden Rd Kennedale, Tx. 76060 -7428 Telephone dumber: Applicant's dame: Tom S. M Address: 792 Caruth Court Dallas, Texas 75225 Telephone dumber: 214- 455 -4356 T HI S I S T O CER TIFY T HAT William Nave and Wanda Sanford IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A"AND DEPICTED IN EXHIBIT " ON THE DATE OF THIS APPLICATION. Owner Signature Owner Signature I r "ETMON FOR CHANGE OF ZONWG CLASSIFICAMON ZONONG CASE # City Council City of Kennedale Kennedale, Texas 76060. 11111K 11 � 1: j, � You are hereby respectfully requested to approve the following request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of "�& , ( ) to that of "C- Z. " in it's entirety as shown on Exhibit "B" attached. The property totals some acres. Present use of the property is Address: Telephone Number: Applicant's Name: U I �1- A 1 61 �1- le �ffl 16 01 M THIS IS TO CERTIFY THAT IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT ON THE DATE OF THIS APPLICATION. Owner Signature Owner Signature lon-ETMON FOR CHI, 1 10, UGCL F1 CIT410 ZONNG CASE #-- City Council City of Kennedale Kennedale, Texas 76061 You are hereby respectfully requested to approve the follow. Ing request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of to that of "eefa,- ) in it's entirety as shown on Exhibit "B" attached. The property totals some acres. Legal Description is ig - 13 61 7 � 7 W // &�— --- =1F fey 1 Property Owner's Name: 070191M,6710�� ME �W-111 7V - 7. b t � MM =0 MAIN ao Z J4 Owner Signatud IS THE SOLE JN EXHIBIT "A!'AND DEPICTED IN EXHIBIT Owner Signature For Wanda Sanfford's Property: Approximate 5.0 Acres (217,800 square feet) described as a Five (5 ac) tract at 3850 Eden Load, Kennedale, 'Texas 76060, and being part of the Jesse Russell Survey A1361, 1 and al. For Wilflam leave's Property: Approximate 6.0 Acres (261,360 square feet) described as Tract 6 in the Jesse Russell Survey, A1361, tr l la and trl2, Tarrant, County, Texas, ("Property"), 4161 Kennedale Parkway, Texas, 76060. n. :..'4 ^ r 3 SATE PI�1N LAYOUT ( CONCEPT 1 t KENNEDALE - ' 1 EDEN RCS DEVELOPMENT EDE ROAD S 1 1 I? I I I I', t I i - - -- \ t • �.,�; I I I.' I L1L11 '` / // 49 PAM<WaSS-PACES } 5 54,000 $F 4 I LAYOUT ( CONCEPT 1 t KENNEDALE - ' 1 EDEN RCS DEVELOPMENT 0 A • • • • • '00 ■ • 4- 0 0 cu c 06 cm C: (1) ■ e • -0 cn 1. >I *-, - cp m co Lo 4-4 >N • a) - 0 =. E 0 E — - 1. U) • 4 u U) a) 1 ) cu 4- 0 cn c .0 cm C: ■ e • -0 cn 1. >I *-, - cp U) >N CL =. E 0 0 a) E 1. 4 u U) a) 1 ) cu TR 3B3 = 4.717 @ 3B1 TR 10D ! �' AC TR 363A .10 AC i� Al TR 3134 2.09 AC II TR 3BE� i 5 I II �' TR 11 , 4.775 @ TR 3B5A TR.3C2A R313 TR 3B ,14AC �� .93 AC II ii TR 3B "I T JA 41 ACli 37 1 JIlR3B >I� @ 2 �I �I TR 11A I� .955 @ .� L A f 72 AU�N ! 10 TR TR 2A2 12.36 AC 1 P� 4.6 @ v � � U r Q' � c co TR 15 sI� TR 4,55 AC '14B .344 C 40 "M 0 TR /��. 14 TR 14A 40 .41 A 00 TR 13J _ AP. TR 2B +l i .24 AC TR 2M I� ..543 AC -ro 0 A 11 �ip TR 10 4 TR.9E3 .433 Ac TR 13 A1B TR 9E1 .947 .446 AC AC TR 13 - -__ Al D= U .92 TR 12 AC MQ 5.0 AC TR =A1 U .49" C � m C) �� Q �� o TR 1 xA2A O j 441 3. AC v � � U r Q' � c co TR 15 sI� TR 4,55 AC '14B .344 C 40 "M 0 TR /��. 14 TR 14A 40 .41 A 00 TR 13J _ AP. TR 2B +l i .24 AC TR 2M I� ..543 AC -ro 0 A 11 Bill and Pam Nave Hungs Corporation 31956 E 237th Street 2532 S Cooper Street Ridgeway, MO 64481 -9128 Arlington, TX 76015 Wanda Sanford Gordon L Thompson 3850 S Eden Road PO Box 488 Kennedale, TX 76060 Kennedale, TX 76060 James L Coyel Richard and Cathy Mathis 21218 Farm Road 1159 6924 Mansfield Cardinal Road Clarksville, TX 75426 Kennedale, TX 76060 Philip R Hobson CL and Carolyn Scholwinski 122 E Church Street 6920 Mansfield Cardinal Road Weatherford, TX 76086 Kennedale, TX 76060 Archie Morales Miguel and Elvira Hurtado 4508 Old London Lane 6910 Mansfield Cardinal Road Arlington, TX 76017 Kennedale, TX 76060 Wayne Davis Rebecca J Holley 2725 County Road 415 1228 Mansfield Cardinal Road Cleburne, TX 76031 Kennedale, TX 76060 Eric and Linda Elam Marshall Tuttle 349 Kennedale Sublett Road 529 Eden Road Kennedale, TX 76060 Kennedale, TX 76060 4010 S Eden '•• 1232 Mansfield Cardinal '•• Kennedale, TX 76060 Kennedale 11 Yen H Vo Andrew G Little 1319 Crest Glen Drive 537 Eden Road Arlington, TX 76002 Kennedale, TX 76060 Elvis and Alcia Johnson 6911 Mansfield Cardinal Road Kennedale , TX 76060 Notice Details - Legal Notice Notice of Public Hearing Th Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold a Public Hearing for the following cases on Thursday, January 15, 2009 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. Case #PZ 09 -01 to receive citizen "s comments regarding a request for a zone change of approximately 11.1 acres with the legal description being Abstract 1361, Tracts 11, 11A, 11 A 1, and 12 of the Jesse Russell Survey in the City of Kennedale, Tarrant County, Texas. The physical addresses of the tracts are 3850 South Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway. The current zoning is 'R -3" (Single Family Residential). The proposed zoning is "C -2" (General Commercial) as requested by Thomas S. Mackie on behalf of RPC Industrial. Case # PZ 09 -02 to Case # PZ 09 -15 to receive citizen "s comments regarding a City initiated zone change to the properties listed below. The lots listed below are currently zoned C -2 (General Commercial District) and the proposed zoning would be R -2 (Single Family Residential). a) PZ 09 -02 being Abstract 1361, Tract 9A04 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. b) PZ 09 -03 being Abstract 1361, Tract 9A06 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. c) PZ 09 -04 being Abstract 1361, Tract 9A07 of the Jesse Russell Survey. d) PZ 09 -05 being Abstract 1361, Tract 9A of the Jesse Russell Survey with the address of 6875 Mansfield Cardinal Road. e) PZ 09 -06 being Abstract 1361, Tract 9A03 of the Jesse Russell Survey with the address Page 1 of 2 http: / /www.legalnotice.org /pl/ Templates/ PrivateLabel// PopupIPrinterFriendly.aspx ?ID =3 57... 1/9/2009 Notice Details - of 6895 Mansfield Cardinal Road. 0 PZ 09 -07 being Block 1, Lot 4 of the Jesse Russell Addition with the address of 6901 Mansfield Cardinal Road. g) PZ 09 -08 being Abstract 1361, Tract 9A05 of the Jesse Russell Survey with the address of 5900 Eden Road East. h) PZ 09 -09 being Abstract 1361, Tract 9A01 of the Jesse Russell Survey. i) PZ 09 -10 being Abstract 1361, Tract 91701 of the Jesse Russell Survey with the address of 5840 Eden Road East. j) PZ 09 -11 being Abstract 1361, Tract 91701A of the Jesse Russell Survey with the address of 8040 Eden Tap Road. k) PZ 09 -12 being Abstract 1361, Tract 9F of the Jesse Russell Survey with the address of 5869 Eden Road East. 1) PZ 09 -13 being Abstract 1361, Tract 9D02 of the Jesse Russell Survey with the address of 5844 Eden Road East. m) PZ 09 -14 being Abstract 1361, Tract 9D01 of the Jesse Russell Survey with the address of 5640 Eden Road East. n) PZ 09 -15 being Abstract 1361, Tract 9D of the Jesse Russell Survey with the address of 5844 Eden Road East. All interested persons are encouraged to attend the Public Hearing or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX, 76060. Any other information may be acquired by calling (817) 985 -2135. 30226914 Page 2 of 2 http: / /www.legalnotice.org /pl/ TemplatesI PrivateLabel// popupIPrinterFriendly.aspx ?ID =3 57... 1/9/2009 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -m MOTION: COUNCIL MEMBERS MOTION SECOND AY NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER a ORDINANCE/RESOLUTION NO. CARRIED " () - CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: ff Sta Re ® t _ To the Mayor and City Council Members Date: February 6, 2009 Agenda Item No: VIII -n'1 Subject: PZ Case# 09 -02 to 09 -15 Originated by: Crystal Tort, Planning Assistant Summary: At the Planning and Zoning Meeting on October 16, 2008, the Commission made a motion to initiate a zone change for the lots zoned C -2 (Restricted Commercial) at the corner of Mansfield Cardinal and Eden Road to be rezoned to R -1 (Single Family Residential). According to the City of Kennedale Future Land Use Plan this area is recommended to be zoned for residential use. The land near the proposed zone change is zoned R -1 and R -3. By rezoning this area, it will be consistent with the Future Land Use Plan and will be compatible with the surrounding properties. The proposed zone change area is approximately 18.58 acres and consists of 14 tracts with 6 property owners. Staff has notified the property owners of the zone change area and those within 200 feet thereof. At the November 20 Planning and Zoning Meeting the Commission made six (6) motions, the first five (5) failed and the sixth (6 motion passed with a four (4) to three (3) vote. The motion was to deny Case # PZ 08 -12 to 08 -25 and recommend to City Council the Zoning be changed to R -2. At the December 11 Council Meeting the City Council voted to deny the Zone Change from C -2 to R -1 with a four (4) to zero (0) vote with one (1) abstaining with the Recommendation to Staff to re- advertise for R -2 Zoning. At the January 15 Planning and Zoning Meeting the Commission voted ix (6) to zero (0) to recommend approval of the City initiated zone change from C -2 t ''R -1 Recommendation: Staff recommends approval. Disposition by Commission: CITY OF KENNEDALE ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 18.58 ACRES OUT OF THE JESSE RUSSEL SURVEY, ABSTRACT 1361, AND BLOCK 1, LOT 4, JESSE RUSSEL ADDITION; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on January 15, 2009 and by the City Council of the City of Kennedale on the 12` day of February 2009, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, the comprehensive zoning ordinance of the City of Kennedale, is hereby amended to rezone the following propeties from "C -2" General Commercial Districts to that of "R- 2" Single Family Residential District as shown and described below: c: \city sec \council \ord \zonechg09- 02 -09- 15(02- 04 -09) Page 1 of 3 Jesse Russell Survey, Abstract 1361 Tracts 9AO4, 9AO6, 9AO7, 9A, 9AO3, 9AO5, 9A01, 91701, 9FOIA, 9F, 91302, 91301 and 9D. Jesse Russell Addition, Block 1, Lot 4 SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect fi - om and after its passage and it is so ordained. c: \city sec\ council \ord\zonechg09- 02 -09- 15(02- 04 -09) Page 2 of 3 PASSED AND APPROVED this 12' day of January 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c: \cith sec \council \ord\zonechg09- 02 -09- 15(02- 04 -09) Page 3 of 3 i I I �f U f'u I [?a+��ty , '!` I1'3i � I� -. . and Bevery G Osbiny9i1 KENNEDALE CLASSIFIEDS 1 1 LE GAL NO TICES O City of Kenuedale Notice of Public hearings The Kennedale City Council will hold public hearings on the following Planning and Zoning Cases scheduled for Thursday, February 12, 2009 at 7:00 PM in the Council Chambers, Kennedale City Hall, 405 Municipal Dr., Kennedale, TX 76060. Citizen's comments will be received during the hearings regarding the following city initiated and /or individual requested zone changes: Case #PZ 08 -26 - Block 1, Lot 3, Southwest Crossing Addition, Physical Address is 4900 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case #PZ 08 -27 - Block 1, Lot 4, Southwest Crossing Addition. Physical Address is 4970 US 287 Hwy. City initiated zone change from that of "C -1" Restricted Commercial District to that of "C -0" Retail Commercial. Case #PZ 09 -01 - Abstract 1361, Tracts 11, 11A, 11A1, and 12, Jesse Russell Survey. Physical addresses are 3850 South Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway. Zone change request from that of "R -3" Single Family Residential District to that of "C-2" General Commercial District by Thomas S, Mackie on behalf of RPC Industrial. Case #PZ 09 -02 - Abstract 1361, Tract 9AO4, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of : "R -2" Single Family Residential District. Case #PZ 09,03 - Abstract 1361, Tract 9AO6, Jesse Russell Survey. Physical address is 6867 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R 72" Single Family Residential District. Case #PZ 09 -04 - Abstract 1361, Tract 9AO7, Jesse Russell Survey. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -05 - Abstract 1361, Tract 9A, Jesse Russell Survey. Physical address is 6875 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #,PZ 09 -06 - Abstract 1361, Tract 9AO3, Jesse Russell Survey. Physical address is 6895 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09-07-Block 1, Lot 4, Jesse Russell Addition. Physical address is 6901 Mansfield Cardinal Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -08 - Abstract 1361, Tract 9AO5, Jesse Russell Survey. Physical address is 5900 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -09 - Abstract 1361, Tract 9A01, Jesse Russell Survey. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -10 - Abstract 1361, Tract 91 Jesse Russell Survey. Physical address is 5840 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -11 - Abstract 1361, Tract 9FOIA, Jesse Russell Survey. Physical address is 8040 Eden Tap Rd. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -12 - Abstract 1361, Tract 91 Jesse Russell Survey. Physical address is 5869 Eden Rd. East. City initiated zone change from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -13 - Abstract 1361, Tract 9DO2, Jesse Russell Survey. Physical is 5844 Eden Rd. East. City initiated zone change from'that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -14 - Abstract 1361, Tract 9D01, Jesse Russell Survey. Physical address is 5640 Eden Rd. East. City initiated zone chang6 from that of "C -2" General Commercial District to that of "R -2" Single Family Residential District. Case #PZ 09 -15 - Abstract 1361, Tract 91), Jesse Russell Survey. Physical address is 5844 Eden Rd, East. City initiated zone change from that of 11 C -2" General Commercial District to that of "R -2" Single Family Residential District. All interested persons are encouraged to attend the hearings or may furnish written comments prior to the hearings to the City Secretary's Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. To obtain additional information please City of Kennedale Notice of Public Bearing The Kennedale City Council will hold a public hearing on Thursday, February 12, 2009 at 7:00 p.m. in the Council Chambers, Kemnedale City Hall, 405 Municipal Dr., Kennedale, TX 76060. The purpose of the hearing is to receive citizen's comments regarding projects to be funded under the Community Development Block Grant (CDBG) Program. This grant program is generally limited to street, drainage, water or sewer improvements within the approved target area for the benefit of low to moderate- income neighborhoods. Projects will be identified for the 35th Year CDBG, All interested persons are encouraged to attend the hearing or may furnish written comments prior to the hearing to the City Secretary's Office, City of Kennedale, 405 Municipal Dr., Kennedale, TX 76060. FOR SALE fans, plugs, residential, commercial, garden outdo or'electric needs, licensed electrician Free estimates. Discount to Kennedah Residents 817- 966 -8839 1995 Georgie Boy Cruise Air. 34 feet long, 2 air conditioners, 2 televisions, refrigerator with ice maker, large bath area. Interior excellent shape. 47,000 miles. 460 Ford engine & chassis. 817- 401 -4218 - to m Q U n Q � o N ❑ U h U m ti U I I i ZL --------- 7 pooh bI 4 I m c m I- W 1 m m � ww � i.j U ❑ v �n M Fri � pl N U LL LL - - - - -- Q.�O O N m - - - -- a c J O ca N O ® Q Co LLU ` c m O N N 0 Q a m6 f U Q C N [� 3 o m m t6 0 � � c� Q a y ~ �a CP T Q U L� i I ¢ 0 < 7� 7� m m �4 8 Q N M iY co Alt N y Cn� M Q Mm � R UM ff 11 � . _ ffl I ._ P &Z 09 -02 to 09 -15 — CITY INITIATED ZONE CHANGE 4011-one "I SO -. le • �1 1 Wayne Davis and Debbi Davis 2725 County Road 415 Cleburne, TX 76031 Judy and Alvis Thomason 6895 Mansfield Cardinal Road Kennedale, TX 76060 Sammy Lee Shugart 6867 Mansfield Cardinal Kennedale, TX 76060 J Quentin and Beverly D 6280 Grauton Drive Mansfield, TX 76063 Jerry Jordan PO Box 993 Kennedale, TX 76004 Beacon Hill JV PO Box 993 Arlington, TX 76004 Earl and Pamela Nave 31956 E 237th Street Ridgeway, MO 64481 Robert G Melican Road 1232 Mansfield Cardinal Road Kennedale, TX 76060 Nichols Godfrey Butane Co 2974 W Division Street Arlington , TX 76012 Oncor Electric Delivery Co LLC State and Local Tax Dept PO Box 219071 Dallas, TX 75221 Falcon Wood Estates, Inc. 4381 W Green Oaks Blvd Ste 102 Arlington, TX 76016 -4468 Sandra G Knapp PO Box 1209 Kennedale , TX 76060 Kevin Conner 1210 Falcon Ridge Drive Kennedale, Tx 76060 Aldriedge Building Corp PO Box 202494 Arlington, TX 76006 Godfrey Butane Co 2947 W Division Street Arlington, TX 76012 Rebecca J Holley 1228 Mansfield Cardinal Road Kennedale, TX 76060 Wanda F Sanford 3850 S Eden Road Kennedale . TX 76060 Marshall W Tuttle 529 Eden Road Kennedale, TX 76060 C L and Carolyn Scholwinski 6920 Mansfield Cardinal Road Kennedale, TX 76060 Miguel and Elvira Hurtado 6910 Mansfield Cardinal Road Kennedale , TX 76060 Jeffrey and Rachel Biggs 6105 Summergrove Drive Arlington, TX 76001 Dempsey and Benjamin Farmer 1150 Kennedale Sublett Road Kennedale, TX 76060 Angela Sue Willis PO Box 805 Kennedale, TX 76060 Dorian Ezell Johnson 6911 Mansfield Cardinal Road #F Kennedale, TX 76060 Elvis and Alcia Johnson 6911 Mansfield Cardinal Road Kennedale, TX 76060 Bernie B Piatt 6301 Calender Road Arlington, TX 76001 Yen H Vo 1319 Crest Glen Drive Arlington, TX 76002 Notice Details - Legal Notice Notice of Public Hearing Th Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold a Public Hearing for the following cases on Thursday, January 15, 2009 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. Case #PZ 09 -01 to receive citizen "s comments regarding a request for a zone change of approximately 11.1 acres with the legal description being Abstract 1361, Tracts 11, 1 IA, 11A1, and 12 of the Jesse Russell Survey in the City of Kennedale, Tarrant County, Texas. The physical addresses of the tracts are 3850 South Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway. The current zoning is "R -3" (Single Family Residential). The proposed zoning is "C -2" (General Commercial) as requested by Thomas S. Mackie on behalf of RPC Industrial. Case # PZ 09 -02 to Case # PZ 09 -15 to receive citizen "s comments regarding a City initiated zone change to the properties listed below. The lots listed below are currently zoned C -2 (General Commercial District) and the proposed zoning would be R -2 (Single Family Residential). a) PZ 09 -02 being Abstract 1361, Tract 9A04 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. b) PZ 09 -03 being Abstract 1361, Tract 9A06 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. c) PZ 09 -04 being Abstract 1361, Tract 9A07 of the Jesse Russell Survey. d) PZ 09 -05 being Abstract 1361, Tract 9A of the Jesse Russell Survey with the address of 6875 Mansfield Cardinal Road. e) PZ 09 -06 being Abstract 1361, Tract 9A03 of the Jesse Russell Survey with the address Page 1 of 2 http : / /www.legalnotice.org /pl/ Templates/ PrivateLabel// popupIPrinterFriendly.aspx ?ID =3 5 7... 1/9/2009 Notice Details - of 6895 Mansfield Cardinal Road. f) PZ 09 -07 being Block 1, Lot 4 of the Jesse Russell Addition with the address of 6901 Mansfield Cardinal Road. g) PZ 09 -08 being Abstract 1361, Tract 9AO5 of the Jesse Russell Survey with the address of 5900 Eden Road East. h) PZ 09 -09 being Abstract 1361, Tract 9A01 of the Jesse Russell Survey. i) PZ 09 -10 being Abstract 1361, Tract 9F01 of the Jesse Russell Survey with the address of 5840 Eden Road East. j) PZ 09 -11 being Abstract 1361, Tract 9FO lA of the Jesse Russell Survey with the address of 8040 Eden Tap Road. k) PZ 09 -12 being Abstract 1361, Tract 9F of the Jesse Russell Survey with the address of 5869 Eden Road East. 1) PZ 09 -13 being Abstract 1361, Tract 9DO2 of the Jesse Russell Survey with the address of 5844 Eden Road East. m) PZ 09 -14 being Abstract 1361, Tract 9D01 of the Jesse Russell Survey with the address of 5640 Eden Road East. n) PZ 09 -15 being Abstract 1361, Tract 9D of the Jesse Russell Survey with the address of 5844 Eden Road East. All interested persons are encouraged to attend the Public Hearing or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX, 76060. Any other information may be acquired by calling (817) 985 -2135. 30226914 Page 2 of 2 http: / /www.legalnotice.org /pl/ Templates/ PrivateLabel// popupIPrinterFriendly.aspx ?ID =3 57... 1/9/2009 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -n MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO 1 I : _��li d T ll I, L FOLLOW UP: CITY SECRETARY'S FOLLOW UP: _ CARRIED FAILED �� 1 a, -• its Subject: • approval of s • waste collection contract price between the City of Kennedale and IESI TX Corporation ! Summary: IESI contracted with the City of Kennedale for the collection of solid waste in late 2007. The contract (provision attached) stipulated that the rates could not - be adjusted prior to February 1, 2009 and the rate calculation is based on the CPI. The department of labor set the CPI for this region at 1.8% (report attached). The 1.8% request represents a residential increase from $8.08 to $8.23 or approximately $300 /month. Issues you may wish to raise during this discussion: • Service issues generally • Failure to collect trash on Wednesday during the ice storm and not the following day (Thursday) Recommendations: City Staff recommends approval of the proposed rate change January 15, 2009 Mr. Bob Hart City Manager City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Re: Price Increase Request: Dear Mr. Hart: IESI would like to take this opportunity to express our appreciation for your business. It is hard to believe a year has passed by since IESI began servicing your City. Per our contract with the City of Kennedale we would like to present to you our annual request for the 2009 rate adjustment. The amount is based on the published Bureau of Labor Standard Consumer Price Index / Urban Consumers (CPI -U Dallas /Fort Worth) November 2007 to 2008. The amount of the request for 2009 is equal to 1.8 %. This increase would be for both Residential and Commercial customers. IESI is requesting this increase to be effective March 1, 2009. November 2007 Index - 196.465 November 2008 Index - 200.051 Index Increase - 3.586/196.465 =1.8% x current rate($8.08) =$8.23 per home If you have any questions or need additional information, please feel free to contact me at your earliest convenience. Sin •ely i f Norm Bulaich Municipal Marketing Manager IESI TX Corporation 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547 -9014 (4) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on ATTACHMENT "A ". (7) )n to the above CPI adjustment, the CITY may consider a ary rate adjustment to offset unusual changes in ,CTOR'S cost of operations due to, or directly resulting from, fuel costs, ad valorem taxes, governmental fees, landfill costs, or is or revised federal, state or local laws, ordinances or is. CONTRACTOR may submit a request to the City Council for such an adjustment in rates. relate directly to the CITY. The City Council shall have authority, in its sole discretion, to determine the validity of any such request for a change in rates. The CITY shall not unreasonably withhold, condition or delay its consent to any requested rate increase. In the event the CITY fails or refuses to consent to any such requested rate increase and the CONTRACTOR can demonstrate that such rate increase is necessary to offset the CONTRACTOR'S increased costs in connection with performing the services under this Agreement, the CONTRACTOR may, in its sole discretion, terminate this Agreement upon one hundred eighty (180) days written notice to the CITY. Other than the foregoing, no other rate adjustments shall be considered by the CITY. WAKennedale \Agreements \Solid Waste Collection Contract IESI- FN002.doc (12- 19 -07) Page l I (5) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge may be implemented during the term of this Contract upon service being initiated. have authority and power to act on behalf of the insurance to negotiate and settle with the CITY, or any other claimant, any claims that the CITY or other claimant, or any property owner who has been damaged, may have against CONTRACTOR or its insurance company. If the local insurance representative is not so empowered by the insurance, then such authority must be vested in a local agent or claims officer residing in the Fort Worth- Dallas metropolitan area. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. CONTRACTOR shall keep the required insurance in full force and effect at all times during the term of this Contract, and any renewals thereof. Contractor shall furnish to the CITY a certificate of insurance, evidencing that CONTRACTOR has obtained the required insurance coverage. All policies shall provide that they may not be changed or cancelled by the insurer in less than five (5) days after the CITY has received written notice of such change or cancellation. J. Performance Bond: CONTRACTOR agrees that upon the execution of this Contract and before beginning work, it shall execute and deliver to CITY a good and sufficient surety bond in a form acceptable to the CITY, to secure the faithful performance of the terms and conditions herein. The bond shall be in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00), and the surety shall be a surety company duly authorized to do business in the State of Texas and approved by the CITY. K. Free Service to CITY: CONTRACTOR shall provide free pickup and disposal for all CITY facilities in manners specified by the CITY. The CITY shall also have free dumping privileges during the term of this Contract at the nearest landfill or transfer station used by the CONTRACTOR. Free dumping is interpreted as meaning no charge or cost assessed to CITY vehicles and limited to 300 cubic yards per year. L. Holidays /Make -Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Thanksgiving Day Christmas Day The CONTRACTOR will collect all Acceptable Waste the next regular scheduled collection day following the holiday, except Sunday, so that each customer receives a minimum of one collection day during any given week which has a holiday on a regular scheduled collection day. M. Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reasons other than a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act W: \Kennedale \Agreements \Solid Waste Collection Contract IESI- FN002.doc (12- 19 -07) Page 18 Unite States & Department le of _•• Bureau of Labor 1 • is � � �! � a _ VJ EX ,V• 1A 17OR NOVEM 2 00 8 Area Prices Set Record Decline in October and November Prices in the Dallas -Fort Worth metropolitan area fell 2.8 percent during October and November, the Bureau of Labor Statistics of the U.S. Department of Labor reported today. Regional Commissioner Stanley W. Suchman stated that this was the sharpest two -month decrease since the bimonthly series began in 1978. The single largest factor in the October and November 2008 decline was lower gasoline prices. These data are based on the Consumer Price Index for All Urban Consumers (CPI -U). 0.0 6.0 4.0 2.0 0.0 0 c c� -2.0 -4.0 -6.0 -6.0 -10.0 -12.0 -14.0 Cate 2-Month and 12-Month Percent Change ]Ended November 2008 CPI-U by Major . Da llas-Fort Dallas -Fort Worth Consumer Price Index — November 2008 (Continued) The transportation index fell 14.0 percent in October and November, far surpassing the previous record decline of 8.1 percent in March and April 1986 following a previous worldwide collapse of crude petroleum prices. The cost of gasoline dropped 43.8 percent during October and November, also setting a new record since the series began in 1978. The average price for a gallon of gasoline in the Dallas -Fort Worth area stood at $2.015 in November 2008. Lower prices for used cars and trucks were another factor in the bimonthly transportation decline, while higher prices were noted for motor vehicle repair and insurance premiums. Total transportation costs fell 8.5 percent over the year. Apparel also had a part in the overall two -month decline as clothing costs fell 6.3 percent in October and November. Discounting occurred in many apparel items during the period, but was particularly strong among women's clothing such as outerwear and dresses, as well as men's shirts and sweaters. The latest decline helped push clothing costs down 11.9 percent during the year ended in November 2008. The housing index declined 0.5 percent during October and November after increasing by the same amount in the previous period. Seasonal factors played a role in the decrease as the introduction of winter rate schedules helped push the electricity index down 7.9 percent during the two -month period. The cost of natural gas service also declined, falling 7.1 percent, and the cost of household furnishings and operations fell 1.5 percent. In contrast, the shelter index rose 1.0 percent reflecting higher costs for both renters and homeowners. During the year ended in November total housing costs rose 5.2 percent led by an 11.0- percent price increase in fuels and utilities, but also supported by a 4.3- percent rise in shelter costs. Education and communication was the only other category to register a two -month decline as prices slipped 0.2 percent in October and November. Over the year, the index rose 3.5 percent, slightly above the November 2007 annual gain of 3.0 percent. A 1.0- percent rise in the food and beverages index provided the largest offset to the decreases reported in other categories during October and November. Food at home (grocery) prices rose 0.8 percent during the two months with higher prices noted for ice cream, cheese, candy, snacks, and selected fresh fruits. However, lower prices were registered for a variety of foods including beef and veal, citrus fruits, fish and seafood, and eggs. The cost of food away from home rose 0.9 percent during the two -month period led by increased costs for full service meals and snacks. The cost of alcoholic beverages rose more sharply, up 2.8 percent in October and November, pushed by higher beer and ale prices. Over the year, total food and beverage costs increased 6.2 percent. Among the major categories, the largest two -month rate of gain was registered in the index for other goods and services which rose 1.3 percent during the period. The increase in this category was mainly the result of higher prices for personal care products. Over the year, costs for other goods and services moved up 2.5 percent, much slower than the 2007 increase of 8.2 percent, which reflected in part the impact of higher State cigarette taxes in 2007. Dallas -Fort Worth Consumer Price Index - November 2008 (Continued) The two remaining categories registered smaller advances in October and November. The medical care index increased 0.6 percent due mainly to higher charges for physicians' services and non - prescription drugs. During the year ended in November 2008, medical care prices were up 4.5 percent. Recreation costs rose 0.4 percent in October and November after rising 1.8 percent in the previous two -month period. Over the year, recreation costs increased 4.0 percent, marking a reversal of the 2007 decline of 2.6 percent. The CPI -U for the Dallas -Fort Worth area stood at 200.051 on the 1982 -84 =100 reference base, meaning that a market basket of goods and services which averaged $100.00 in 1982 -84 would have cost local consumers $200.05 in November 2008. Over - the -year review After accelerating much of the year, the annual rate of increase in overall prices in the Dallas -Fort Worth area slowed to 1.8 percent during the 12 months ended in November 2008. This was a marked deceleration from the 4.3- percent advance registered during the 12 months ended in November 2007. Sharp annual declines in the transportation and apparel indexes were responsible for the 2008 slowdown. Pushed downward by a 31.4 - percent drop in gasoline prices, transportation costs fell 8.5 percent during 2008. Clothing prices also fell sharply in 2008, dropping 11.9 percent. In 2007, both of these categories recorded increases as transportation costs climbed 10.5 percent and clothing costs rose 4.3 percent. Despite the slower rise in overall local prices in 2008, five of the eight major categories actually registered faster rates of increase compared to 2007. Most notably, the housing category rose 5.2 percent in 2008 compared to 1.9 percent in 2007. Faster rates of gain were registered in each of the housing sub - components in 2008, but particularly for shelter and household fuels. The rate of increase in medical care accelerated to 4.5 percent in 2008, up from 2.4 percent in the previous year. A turnaround was recorded in the recreation index as prices rose 4.0 percent in 2008 after falling 2.6 percent in 2007. Annual rates of increase accelerated slightly for food and beverages as well as education and communication in 2008. In sharp contrast, the rate of increase slowed substantially in the index for other goods and services, rising 2.5 percent in 2008 compared with 8.2 percent in 2007. The Dallas -Fort Worth Consolidated Metropolitan Area (CMSA) includes Collin, Dallas, Denton, Ellis, Henderson, Hood, Hunt, Johnson, Kaufinan, Parker, Rockwall, and Tarrant Counties. Local area CPI indexes are by- products of the national CPI program. Because each local area index is a small subset of the national index, the sample size is smaller and therefore subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long -term trends are quite similar. Next Release late The Dallas -Fort Worth December CPI for Energy, Food At Home, and Shelter will be released on January 16, 2009. of God, ; changes in laws, statutes, regulations or ordinances or other similar or different contingency beyond the reasonable control of the CONTRACTOR for more than forty- eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety. If such interruption in service continues for a period of seventy-two (72) hours then the CITY shall have the right to terminate the rights and privileges granted in this franchise. N. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. O. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. P. Non - Collection: Should a dispute arise between the CITY, CONTRACTOR,' and /or a customer as to whether the CONTRACTOR actually failed to make a' collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR auree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials to be removed from the premises, or places improper bundles or volumes of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non - collection. CONTRACTOR shall also provide notice to the customer of the reason for such non - collection (unless such non - collection is the result of the customer's failure to timely place the brush or containers out for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then by collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non - collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall WAKennedale \Agreements \Solid Waste Collection Contract IESI- FN002.doe (12- 19 -07) Page 19 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: FEBRUARY 12, 2009 RECESS INTO EXECUTIVE SESSION: b (, - 2 ,, 5 PM RECONVENE INTO OPEN SESSION: PM REGULAR ITEMS: ITEM NUMBER: IX - X MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION N • -_ _"T D 1 CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: .... ...........__ Staff Report To the Honorable Mayor and City Council Date: February 6, 2009 Agenda Item No: IX. Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. 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. TownCenter Development 3. New Hope Road properties. 4. Kennedale Parkway properties. •. fm Staff Report To the Honorable Mayor and City Council Date: Feburaty 6, 2009 Agenda Item No: X. 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, if needed. Recommendation: Disposition by Council: