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05.14.2009 CC Packet... 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 14 day of May 2009 in the Council Chambers, Kennedale Municipal Building, 405 Municipal Drive, Kennedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED NOTICE) Dated this 11 day of May 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 May 11, 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 ( 17) 985.2104 five (5) work days prior to the meeting so that appropriate arrangements can be made. "' the 11 day of May 2009. ® By. R Kathy Turner TRMC ` City Secretary s o ® ti `/tea y �� CITY OF ZZIE 405 Municipal Drive, Kennedale, Texas 76060 www.cityoikennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — MAY 14, 2009 COUNCIL CHAMBERS WORK SESSION — 5:30 PM REGULAR SESSION — 7:00 PM CALL TO ORDER ROLL CALL I. WORK SESSION — 5:30 PM a. Discuss renaming of Bowman Springs Rd. b. Review mid -year budget report. C. Discuss and review any item on the agenda, if needed. II. REGULAR SESSION — 7:00 PM III. a. INVOCATION b. US PLEDGE OF ALLEGIANCE C. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." 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. Page 1 of 3 City Council Agenda May 14, 2009 V. REPORTS /ANNOUNCEMENTS a. City Manager 1. Report on Kidfish. 2. Report on Board /Commission Appreciation Dinner 3. Repot on City -Wide Clean up 4. Report on Smoke Detector Campaign VI. PRESENTATION(S) a. City Secretary, Kathy Turner will administer the Oath of Office to re- elected City Councilmembers. b. Mayor, Bryan Lankhorst will issue a Certificate of Election to re- elected Councilmembers: Place 1 — John Clark; Place 3 — Brian Johnson; and Place 5 — Jerry Miller C. Update on Art in the Park by Art Committee Members d. Presentation to Sergeant Johnny Sidebottom. VII. CONSENT AGENDA The following items are considered to be routine and self - explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed fiom the Consent Agenda and be considered, in sequence, as a routine agenda item. a. Approval of minutes: Work Session dated April 7, 2009, and Regular Meeting dated April 9, 2009. b. Approval of Election Register. C. Approval of Quarterly Investment Report. d. Approval of contract with Tarrant County Tax Assessor /Collector for the assessment /collection of Ad Valorem Taxes for the 2009 Tax Year. e. Approval to execute bank signature application for additional city bank account at Wells Fargo Bank. f. Approval to award bid for sale of property located at Lot 28A, Block 1, Oak Crest Addition. VIII. REGULAR ITEMS g. Election of Mayor Pro -Tem. h. Review and consider action to authorize the City Manager to execute a contract with Ronnie Nowell for right -of -way purchases. Page 2 of 3 City Council Agenda May 14, 2009 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. 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. Bowman Springs Road re- alignment properties X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. a. Consider approval of Resolution authorizing the purchase of property located at Lot 27, Block 3, Briarwood Addition for Bowman Springs Road re- alignment. XI. ADJOURNMENT Page 3 of 3 ky 74 P � // To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: I. a -c Subject: Work Session Originated by : Bob Hail, City Manager Summary: Work Session a. Discuss renaming of Bowman Springs Rd.; Review mid -year budget; and c. Discuss and review any item on the agenda, if needed. (Consent agenda item "f' — sale of property located at Lot 28A, Block 1, Oak Crest Addition) — This property contained the old water well site, which has now been plugged. The bid required the property to be utilized for new economic development /redevelopment in the immediate area. The property sold for the fair market value, which was established at $21,994. One bid was received and the property will be used for a future retail store with gasoline sales. City will retain mineral rights to the property. Recommendation: CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES DEPARTMENTAL SUMMARY GENERALFUND Ad Valorem Taxes Sales Taxes Franchise Fees Grants Licenses & Permits Fines & Forfeitures Charge For Services Investment Earnings Miscellaneous Income Intergovernmental Development Inspection Fee Rental & Sales Transfer In TOTAL REVENUES 2006 -07 2007 -08 2007 -08 2007 -08 % EXP 2008 -09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD ACTUAL AMENDED YTD ACTUAL ' `YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION 2,463,183 2,605,975 2,259,240 2,574,968 87% 2,845,200 2,845,200 2,623,156 92% 45% 973,244 1,126,032 448,245 993,289 40% 1,069,300 1,069,300 474,619 44% 35% 693,094 - 51,316 - N/A - - - N/A 57% 110,510 67,538 5,061 8,553 7% 4,375 4,375 33,751 771% $24k Received For PD Grant 410,696 211,362 166,476 291,261 79% 178,950 178,950 98,746 55% Market /Economy 483,897 427,000 177,094 393,708 41% 389,500 389,500 177,106 45% 41% 138,170 136,000 73,967 191,135 54% 165,350 165,350 88,272 53% 46% 130,813 90,000 40,478 58,993 45% 65,000 65,000 7,621 12% Market /Economy 37,370 9,700 11,086 40,070 114% 9,800 9,800 3,773 38% One Time Funds Received 112,776 265,438 66,544 349,070 25% 335,431 335,431 119,521 36% Transfers Done Mthly Vs. Qtrly - 9,000 - - 0% - - - N/A 49% 11,686 4,700 5,032 49,596 107% 4,700 4,700 6,969 148% 31% 89,877 147,622 - - N/A - - - N/A 48% $ 5,655,316 $ 4,952,745 $3,304,538 $4,950,641 67% $5,067,606 $5,067,606 $3,633,534 72% 47% City Manager 265,366 560,353 208,815 559,003 37% 341,498 341,498 186,640 55% City Council & Mayor 164,911 130,447 62,786 129,618 48% 124,850 124,850 37,712 30% City Secretary 126,408 118,827 53,478 118,713 45% 119,347 119,347 53,805 45% Human Resources 6,706 12,650 6,959 11,845 55% 65,810 65,810 22,966 35% Finance 251,790 268,962 125,549 268,609 47% 267,663 267,663 152,485 57% Non - Departmental 288,508 342,978 297,427 598,922 87% 275,856 275,856 261,695 95% GENERAL GOVERNMENT TOTAL 1,103,688 1,434,217 755,014 1,686,709 53% 1,195,024 1,195,024 715,303 60% Municipal Court 185,318 176,166 87,649 175,562 50% 168,560 168,560 69,581 41% Police 1,559,452 1,703,680 799,021 1,709,609 47% 1,740,095 1,740,095 799,342 46% COPS /STEP Wave Program 97,739 113,602 52,906 107,501 47% 102,995 102,995 53,881 52% Fire 1,583,739 1,578,895 784,717 1,578,759 50% 1,502,807 1,502,807 806,178 54% PUBLIC SAFETY TOTAL 3,426,248 3,572,343 1,724,292 3,571,430 48% 3,514,457 3,514,457 1,728,982 49% Permits /Inspections 1,147,181 351,803 157,151 350,811 45% 260,993 260,993 128,446 49% Community & Senior Center 39,087 39,550 14,395 37,147 36% 46,300 46,300 14,141 31% Library 147,622 168,791 78,493 167,807 47% 183,656 183,656 88,819 48% COMMUNITY SERVICES TOTAL 1,333,890 560,144 250,039 555,765 45% 490,949 490,949 231,405 47% TOTAL EXPENDITURES $ 5,863,826 $ 5,566,704 $2,729,345 $5,813,905 49% $5,200,430 $5,200,430 $2,675,690 51% REVENUES OVER EXPENDITURES $ (208,510) $ (613,959) $ 575,193 $ (863,264) $ (132,824) $ (132,824) $ 957,845 Greg Innis /UTA Visioning Director Transition, Fed Filings Expenses Occur Early On Uniform & Minor Equipment "EXEMPLIFYING EXCELLENCE" 2006.07 2007 -08 2007.08 2007 -08 % EXP 2008 -09 2008.09 2008.09 % EXP CURRENT VS. PRIOR YTD DEBT SERVICE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 3,073,576 $ 671,938 $ 590,618 $ 669,323 88% $ 852,825 $ 852,825 $ 705,285 83% As Dick Price Royalty Permits TOTAL EXPENDITURES $ 3,056,216 $ 700,693 $ 575,744 $ 699,021 82% $ 898,371 $ 898,371 $ 684,391 76% REVENUES OVER EXPENDITURES $ 17,360 $ (28,755) $ 14,874 $ (29,699) $ (45,546) $ (45,546) $ 20,894 2006 -07 2007.08 2007 -08 2007.08 % EXP 2008.09 2008 -09 2008.09 , % EXP CURRENT VS. PRIOR YTD CAPITAL PROJECTS FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 2,399 $ $ 10,160 $ 357,249 N/A $ 120,000 $ 120,000 $ 157,579 131% $128K Insurance Reimbursed Non - Departmental 52,422 - - N/A 115,325 115,325 - 0% Rodgers Park - 317,756 317,755 0% - - 200 N/A Expenses Tied To Prior Year Oakridge Drainage 24,857 24,857 0% 16,350 N/A Expenses Tied To Prior Year Ookleaf /Hill Drainage 14,638 14,638 0% 21,051 N/A Expenses Tied To Prior Year TOTAL EXPENDITURES $ 52,422 $ 357,251 $ - $ 357,250 0% $ 115,325 $ 115,325 $ 37,601 33% REVENUES OVER EXPENDITURES $ (50,023) $ (357,251) $ 10,160 $ (0) $ 4,675 $ 4,675 $ 119,978 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES DEPARTMENTAL SUMMARY 2006 -07 2007.08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD CAPITAL REPLACEMENT FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 438,059 $ 81,470 $ 3,325 $ 284,271 4% $ 112,000 $ 112,000 $ 373,268 333% $371 K Chesapeak License TOTAL EXPENDITURES $ 270,168 $ 262,100 $ 112,913 $ 185,169 43% $ 233,086 $ 233,086 $ 223,344 96% Vehicles Purchase Early On REVENUES OVER EXPENDITURES $ 167,892 $ (180,630) $ (109,588) $ 99,101 $ (121,086) $ (121,086) $ 149,924 REVENUES OVER EXPENDITURES $(2,761,029) $ (119,740) $ 301,309 $ (18,275) $ (247,842) $ (247,842) $ (114,501) COURT SECURITY FUND TOTALREVENUES TOTAL EXPENDITURES REVENUES OVER EXPENDITURES CAPITAL BOND FUND TOTAL REVENUES 3 County Roads ($2,989.578) Dick Price ($1,510,087) Pennsylvania ($3,263,566) TOTAL EXPENDITURES REVENUES OVER EXPENDITURES PARK DEDICATION FUND TOTAL REVENUES TOTAL EXPENDITURES 2006 -07 2006 -07 2007.08 2007.08 2007.08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD WATER & SEWER FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 2,458,077 $ 2,565,300 $1,338,767 $2,542,530 52% $2,505,900 $2,505,900 $1,336,735 53% $ 1,070 Utility Billing 789,690 824,390 226,422 599,570 27% 805,082 805,082 323,481 40% Arlington Increase, FW Usage Operations 660,483 859,110 412,175 844,103 48% 994,898 994,898 534,255 54% Electric, Unanticipated Pumps Debt Service 204,838 481,535 264,092 198,414 55% 483,249 483,249 396,767 82% SIB Loan Paid Late Last Year Non - Departmental 3,564,095 520,005 134,769 918,717 26% 470,513 470,513 196,733 42% Transfers Done Mthly Vs. Qtrly TOTAL EXPENDITURES $ 5,219,106 $ 2,685,040 $1,037,458 $2,560,805 39% $2,753,742 $2,753,742 $1,451,236 53% 274,614 REVENUES OVER EXPENDITURES $(2,761,029) $ (119,740) $ 301,309 $ (18,275) $ (247,842) $ (247,842) $ (114,501) COURT SECURITY FUND TOTALREVENUES TOTAL EXPENDITURES REVENUES OVER EXPENDITURES CAPITAL BOND FUND TOTAL REVENUES 3 County Roads ($2,989.578) Dick Price ($1,510,087) Pennsylvania ($3,263,566) TOTAL EXPENDITURES REVENUES OVER EXPENDITURES PARK DEDICATION FUND TOTAL REVENUES TOTAL EXPENDITURES 2006 -07 2007.08 2007 -08 2007 -08_ % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION $ 13,496 $ 13,500 $ 5,402 $ 10,551 40% $ 10,000 $ 10,000 $ 3,928 39% AMENDED $ 2,501 $ 2,772 $ 1,070 $ 2,616 39% $ 4,554 $ 4,554 $ 4,698 103% Court /Chamber Video Camera $ 10,994 $ 10,728 $ 4,333 $ 7,934 TOTAL EXPENDITURES $ 5,446 $ 5,446 $ (770) $ 1,098 11% 2006 -07 2007.08 2007 -08 2007 -08 - % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION $ 99,324 $ 6,795,000 $2,807,346 $8,041,018 41% $4,545,000 $4,545,000 $ 52,667 1% 129,385 7,505,000 83,546 407,226 1% 1,485,000 1,485,000 274,614 18% Engineering /Construction - - - - N/A 90,000 90,000 - 0% Tied To Engineering Work - - - - N/A 425,000 425,000 530,896 125% Summer End Completion $ 129,385 $ 7,505,000 $ 83,546 $ 407,226 1% $ 2,000,000 $ 2,000,000 $ 805,509 40% $ (30,060) $ (710,000) $2,723,800 $7,633,793 $2,545,000 $2,545,000 $ (752,842) 2006.07 2007.08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS, PRIOR YTD ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION $ 246,534 $ 438,543 $ 9,600 $ 114,855 2% $ 514,000 $ 514,000 $ 55,104 11% $46K Midstream Energy License $ 122,914 $ 400,000 $ 2,713 $ 14,804 1% $ 875,000 $ 875,000 $ 12,092 1% REVENUES OVER EXPENDITURES $ 123,620 $ 38,543 $ 6,887 $ 100,051 $ (361,000) $ (361,000) $ 43,012 2006 -07 2007 -08 2007.08 2007 -08 %EXP '2008.09 2008 -09 2008 -09 %EXP CURRENT VS. PRIOR YTD COURT TECHNOLOGY FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 14,181 $ 15,500 $ 5,464 $ 11,374 35% $ 9,500 $ 9,500 $ 4,702 49% TOTAL EXPENDITURES $ 25,553 $ 4,000 $ 443 $ 1,098 11% $ 4,000 $ 4,000 $ 5,360 134% Scanner /Shredder Expense REVENUES OVER EXPENDITURES $ (11,373) $ 11,500 $ 5,021 $ 10,276 $ 5,500 $ 5,500 $ (658) "EXEMPLIFYING EXCELLENCE" REVENUES OVER EXPENDITURES $ 49,879 $ (176,511) $ 29,167 $ (204,595) $ (76,968) $ (76,968) $ (45,585) 2006 -07 2007.08 2007.08 2007 -08 % EXP 2008 -09 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD WATER IMPACT FEE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 208,256 $ 182,709 $ 77,808 $ 115,181 43% $ 45,232 $ 45,232 $ 28,988 64% TOTAL EXPENDITURES $ 44,289 $ 253,810 $ 167,547 $ 980 66% $ 300,000 $ 300,000 $ 222,351 74% 16' Water Line Engineering REVENUES OVER EXPENDITURES $ 163,966 $ (71,101) $ (89,739) $ 114,201 $ (254,768) $ (254,768) $ (193,363) 2006 -07 2007 -08 2007 -08 CITY OF KENNEDALE % EXP 2008.09 2008 -09 2008 -09 % EXP - CURRENT VS. PRIOR YTD SEWER IMPACT FEE FUND ACTUAL ANNUAL PROGRAM OF SERVICES YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION DEPARTMENTAL SUMMARY 11,478 $ 57,152 $ 5,706 $ 7,870 10% 2006 -07 2007 -08 2007 -08 2007.08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD STREET IMPROVEMENT FUND ACTUAL AMENDED YTD ACTUAL " YTD ` BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ $ 738,947 $ 388,222 $ 704,565 53% $ 680,839 $ 680,839 $ 536,427 79% Operations 690,468 276,681 688,262 40% 710,825 710,825 258,586 36% TOTAL EXPENDITURES $ $ 690,468 $ 276,681 $ 688,262 40% $ 710,825 $ 710,825 $ 258,586 36% REVENUES OVER EXPENDITURES $ $ 48,479 $ 111,540 $ 16,303 $ (29,986) $ (29,986) $ 277,841 2006 -07 2007.08 2007 -08 2007.08 > % EXP 2008.09 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD POLICE SEIZURE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 6,284 $ - $ 149 $ 899 N/A $ $ $ 1,527 N/A TOTAL EXPENDITURES $ 1,103 $ $ - $ - N/A $ $ $ 6,145 N/A Equipment Expense REVENUES OVER EXPENDITURES $ 5,181 $ $ 149 $ 899 $ $ $ (4,619) 2006 -07 2007 -08 2007.08 2007 -08 % EXP 2008 -09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD LIBRARY BUILDING FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 2,167 $ $ 1,327 $ 2,682 N/A $ 2,300 $ 2,300 $ 1,131 49% TOTAL EXPENDITURES $ 3,459 $ $ - $ - N/A $ 7,000 $ 7,000 $ 5,162 74% Consortium Computer Equip REVENUES OVER EXPENDITURES $ (1,292) $ $ 1,327 $ 2,682 $ (4,700) $ (4,700) $ (4,031) 2006.07 2007 -08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD ',EOSE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 2,259 $ $ 2,145 $ 2,183 N/A $ $ $ 2,066 N/A TOTAL EXPENDITURES $ 2,790 $ $ - $ 637 N/A $ $ $ 2,230 N/A Police Training REVENUES OVER EXPENDITURES $ (531) $ - $ 2,145 $ 1,547 $ $ $ (164) 2006 -07 2007.08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008 -09 '% EXP CURRENT VS. PRIOR YTD ROADWAY IMPACT FEE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 70,178 $ 74,489 $ 30,146 $ 46,384 40% $ 23,032 $ 23,032 $ 19,229 83% TOTAL EXPENDITURES $ 20,299 $ 251,000 $ 979 $ 250,979 0% $ 100,000 $ 100,000 $ 64,814 657. Diane Palmer Drainage Study REVENUES OVER EXPENDITURES $ 49,879 $ (176,511) $ 29,167 $ (204,595) $ (76,968) $ (76,968) $ (45,585) 2006 -07 2007.08 2007.08 2007 -08 % EXP 2008 -09 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD WATER IMPACT FEE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 208,256 $ 182,709 $ 77,808 $ 115,181 43% $ 45,232 $ 45,232 $ 28,988 64% TOTAL EXPENDITURES $ 44,289 $ 253,810 $ 167,547 $ 980 66% $ 300,000 $ 300,000 $ 222,351 74% 16' Water Line Engineering REVENUES OVER EXPENDITURES $ 163,966 $ (71,101) $ (89,739) $ 114,201 $ (254,768) $ (254,768) $ (193,363) 2006 -07 2007 -08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008 -09 % EXP - CURRENT VS. PRIOR YTD SEWER IMPACT FEE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 11,478 $ 57,152 $ 5,706 $ 7,870 10% $ 13,182 $ 13,812 $ 4,672 34% TOTAL EXPENDITURES $ 8,139 $ 13,000 $ 12,980 $ 980 100% $ 12,000 $ 12,000 $ 11,032 92% REVENUES OVER EXPENDITURES $ 3,339 $ 44,152 $ (7,275) $ 6,890 $ 1,182 $ 1,812 $ (6,360) "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES DEPARTMENTAL SUMMARY REVENUES OVER EXPENDITURES $ 3,044,287 $(1,855,000) $ (567,006) $ 55,415 $ (8,000) $ (8,000) $ (92,789) 2006 -07 2007.08 2007 -08 2007 -08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD WATER IMPROVEMENT FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 3,044,734 $ 45,000 $ 39,109 $ 55,415 87% $ 45,000 $ 45,000 $ 18,697 42% Investment Income Paluxy Wells (T2 & T4) 446 - 8,725 - N/A - - 23,693 N/A Unanticipated Well Repairs Non - Departemental - 11900,000 597,390 31% 53,000 53,000 87,794 166% Land Easements TOTAL EXPENDITURES $ 446 $ 1,900,000 $ 606,115 $ 32% $ 53,000 $ 53,000 $ 111,487 21076 2007.08 REVENUES OVER EXPENDITURES $ 3,044,287 $(1,855,000) $ (567,006) $ 55,415 $ (8,000) $ (8,000) $ (92,789) REVENUES OVER EXPENDITURES $ ( 108,748) $ (703,017) $ (4,315) $ (532,866) $ (457,996) $ (457,996) $ 449,775 2006.07 2007.08 2007 -08 2007 -08 % EXP 2008.09 - 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD EDC4B BOND RESERVE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 114,851 $ $ 2,334 $ 3,631 N/A $ $ $ 716 N/A TOTAL EXPENDITURES $ - $ $ - $ - N/A $ $ $ - N/A REVENUES OVER EXPENDITURES $ 114,851 $ - $ 2,334 $ 3,631 $ $ $ 716 "EXEMPLIFYING EXCELLENCE" 2006 -07 <' 2007.08 2007 -08 2007.08 % EXP 2008.09 2008 -09 2008 -09 % EXP CURRENT VS. PRIOR YTD TREE RESTORATION FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 1,232 $ $ 502 $ 782 N/A $ $ $ 45,261 N/A TOTAL EXPENDITURES $ - $ $ - $ - N/A $ $ $ - N/A REVENUES OVER EXPENDITURES $ 1,232 $ $ 502 $ 782 $ $ $ 45,261 2006.07 2007 -08 2007 -08 2007.08 % EXP '2008.09 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD EDC48 FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 461,966 $ 597,611 $ 268,663 $ 592,127 45% $ 582,211 $ 582,211 $ 706,369 121% Chesapeak, Roof Reimbursed Administration 565,444 1,113,871 189,232 965,677 17% 853,681 853,681 207,689 24% TIFF /Mgt District Legal Fees Debt Service - 112,547 39,847 111,547 35% 112,316 112,316 40,652 36% Town Center 5,270 74,210 43,899 47,770 59% 74,210 74,210 8,253 11% TOTAL EXPENDITURES $ 570,714 $ 1,300,628 $ 272,977 $ 1,124,993 21% $ 1,040,207 $1,040,207 $ 256,594 25% REVENUES OVER EXPENDITURES $ ( 108,748) $ (703,017) $ (4,315) $ (532,866) $ (457,996) $ (457,996) $ 449,775 2006.07 2007.08 2007 -08 2007 -08 % EXP 2008.09 - 2008 -09 2008.09 % EXP CURRENT VS. PRIOR YTD EDC4B BOND RESERVE FUND ACTUAL AMENDED YTD ACTUAL YTD BUDGET AMENDED YTD YTD VARIANCE EXPLANATION TOTAL REVENUES $ 114,851 $ $ 2,334 $ 3,631 N/A $ $ $ 716 N/A TOTAL EXPENDITURES $ - $ $ - $ - N/A $ $ $ - N/A REVENUES OVER EXPENDITURES $ 114,851 $ - $ 2,334 $ 3,631 $ $ $ 716 "EXEMPLIFYING EXCELLENCE" OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2007 -08 ACTUAL 87,520 122,190 93,750 90,707 119,357 87,319 96,924 125,114 99,942 122,069 153,994 94,136 1,293,023 -3.5% 2007 -08 ACTUAL 65,640 91,643 70,313 68,030 89,518 65,489 72,693 93,835 74,956 91,552 115,496 70,602 969,768 -3.5% 2008 -09 BUDGET 95,540 133,386 102,340 99,018 130,294 95,320 105,805 136,578 109,099 133,254 168,104 102,762 1,411,500 9.2% GENERAL FUND SALES TAX SALES TAX - $0.015 2008 -09 BUDGET 71,655 100,040 76,755 74,263 97,720 71,490 79,354 102,433 81,824 99,941 126,078 77,071 1,058,625 9.2% 2008 -09 2008 -1 ACTUAL YTp 88,005 88( 134,928 222,4 120,372 343,; 77,733 421;( 134,224 555,,' 68,250 623;; 90,546 714,( 123,225 837,,' 99,942 937,; 122,069 I' 1,059;,' 153,994 1,213,,' 94,136 1,307,, 1,307,424 105,259 1.1% 19,433 2008 -09 ACTUAL 66,004 101,196 90,279 58,300 100,668 51,188 67,909 92,419 74,956 91,552 115,496 70,602 980,568 1.1% ECONOMIC DEVELOPMENT CORPORATION 413 SALES TAX - $0.005 2007 -08 2007 -08 2008 -09 2008 -09 2008 -09 2008 -09 ACTUAL YTD BUDGET YTD ACTUAL YTD GAIN/ LOSS 0.6% 10.4% 28.4% -14.3% 12.5% -21.8% -6.6% -1.5% 0.0% 0.0% 0.0% 0.0% 1.1% 0.6% 10.4% 28.4% -14.3% 12.5% -21.8% -6.6% -1.5% 0.0% 0.0% 0.0% 0.0% 1.1% 88,005 134,928 120,372 77,733 134,224 68,250 90,546 123,225 98,443 120,238 151,684 92,724 1,300,371 0.6% 66,004 101,196 90,279 58,300 100,668 51,188 67,909 92,419 73,832 90,179 113,763 69,543 975,279 0.6% OCT 21,880 21,880 23,885 23,885'' 22,001 22,001 0.6% 22,001 NOV 30,548 52,428 33,347 57,231 33,732 55,733 10.4% 33,732 DEC 23,438 75,865 25,585 82,817 30,093 85,826 28.4% 30,093 JAN 22,677 98,542 24,754 107,571 19,433 - 105,259 -14.3% 19,433 FEB 29,839 128,381 32,573 140,145 '' 33,556 138,815 12.5% 33,556 MAR 21,830 150,211 i 23,830 163,974 17,063 155,878 -21.8% 17,063 APR 24,231 174,442 26,451 190,426 '' 22,636 178,514 -6.6% 22,636 MAY 31,278 205,721 34,144 224,570 '' 30,806 209,321 -1.5% 30,806 JUN 24,985 230,706 27,275 251,845 24,985 234,306 0.0% 24,611 JUL 30,517 261,223 33,314 285,159 30,517 264,823 0.0% 30,060 AUG 38,499 299,722 42,026 327,185 38,499 303,322 ' 0.0% 37,921 SEP 23,534 323,256 25,690 352,875 "' 23,534 326,856 0.0% 23,181 323,256 -3.5% 352,875 9.2% 326,856 1.1% 1.1% 325,093 0.6% C (a po Y oz I , 2008 Date This bid is hereby tendered for Lot 28A, Block 4, Oakcrest Addition, Kennedale, Tarrant County, Texas located at 6609 IH -820, Kennedale, TX 76060. Deadline for bid submittal is Tuesday December 2, 2008 at 11:00 A.M., City of Kennedale, Attn: City Secretary's Office, 405 Municipal Dr., Kennedale, TX 76060. Bids will be considered during the City Council meeting scheduled for December 11, 2008 at 7:00 p.m., Council Chambers, 405 Municipal Dr., Kennedale, TX 76060. The City reserves the right to accept or reject any and all bids. Minimum standards and conditions of the bid: 1. The sale of the property is designed to stimulate new economic development/redevelopment in the immediate area by being combined into a larger footprint with adjacent property(ies). The bidder (purchaser) must describe the 3 project plan for the property and state how the purchase and proposed development/redevelopment of the property will meet this objective. 2. The property will be conveyed by the City to the purchaser subject to a deed restriction prohibiting the use of the property as a sexually- oriented business or for the sale of sexually- oriented items. 3. The City will retain all mineral rights to the property. 4. The property was used by the City as a water well site. The site has been abandoned and closed pursuant to requirements of the Texas Commission on Environmental Quality. 5. State law requires that the City receive fair market value for the property. Accordingly, the City has established $21,994 as the fair market value and the minimum bid. 6. By submitting a bid, the bidder agrees to waive and does hereby waive any claim the bidder has or may have against the City and the City's officers, employees and representatives, including but not limited to any claim for attorney's fees under any of the provisions of the Texas Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section 37.001, et. seq., as amended), arising out of or in connection with the administration, evaluation, or recommendation of any bid, waiver of any requirements under the Bid Documents or any related documents, acceptance or rejection of any bids, and award of the bid. 7. By submitting a bid, the bidder understands and agrees that the City's determination of acceptance, rejection, or award of any bid will be in the sole discretion of the City and will consider factors other than just bid amount, and will be based in large part on the City's evaluation of factors that it believes will best promote economic development in the area surrounding the property. 8. By execution and submission of this bid, the bidder hereby represents and warrants to the City that the bidder has read and understands the Bid Documents and this bid is made in accordance with the Bid Documents. Bidder acknowledges that it understands all terms and conditions within the Bid Documents which include the waiver provisions, and that it had the right to consult with legal counsel regarding all of the above documents. 9. By submitting a bid, the bidder acknowledges that the bidder understands all terms of the Bid Documents and consents to the bidding process and the possibility of a negative assessment. By submitting a bid, the bidder acknowledges and agrees that there was and is no disparity of bargaining power between the bidder and the City. 10. The City reserves the right to waive, delete, or amend any of the requirements connected with this bid or to reject any or all bids, as it determines to be in the best interests of the City. Bid Amount $ 2 - � b ° Number bid amount Description of Intended Use /Project Plan for the Property t... = r i� W R W: \Kennedale \MISC \Water well site bid- fn.doc Page 2 Statement of How the Use of the Property will Promote Economic Development of the Area + � MMIM ' Attach additional information, drawings, maps, etc. as desired. Auth r d signature of bidder Printed name: a.kz'crk r� Company: Q VTc-; ® Attested bb i M General Instructions m CITY OF KEANNEDALE BID/PROPOSAL GENERAL INSTRUCTIONS These instructions apply to all quotations and become a part of terms and conditions of any bid submitted. 1. Bidders must submit original and one copy of the sealed bid/written quote /proposal to the City of Kennedale prior to response due date /time. Failure to submit the additional copy may result in the bid being declared unresponsive to specification and may not be further evaluated. Failure to return this form before the response due date /time stating your reason for not bidding may result in removal of your firm from bidder's list. 2. Error - Quantity: Bids must be submitted on units of quantity specified, extend and show total. In the event of discrepancies in extension, the unit prices shall govern. Make - Model: Items must be the best and latest model available of the type 3 specified. Please quote as listed or equal. If item offered is other than as specified, bidder must indicate make, model and part number of product quoted. Complete catalog or brochure showing in detail the item offered must accompany the bid, if available. 4. Split Award: The City of Kennedale reserves the right to award a separate contract to separate vendors for each item/group or to award the contract for the entire bid. Pricing: Price(s) quoted must be held firm for ninety (90) days to allow for evaluation unless otherwise noted in this document. 6. F.O.B./Damage: Quotations shall be bid F.O.B., delivered, City of Kennedale, City Secretary's Office, 405 Municipal Drive, Kennedale, TX 76060, or address specified in bid document and shall include all delivery and packaging costs. The City of Kennedale assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. 7. Invoices: Invoices must be submitted by the successful bidder in duplicate to the City of Kennedale, Attn: City Secretary's Office, 405 Municipal Drive, Kennedale, TX 76060. Payment Terms: Payment terms are net 30 unless otherwise specified by the City in this document. 9. Taxes: The City of Kennedale is exempt from federal manufacturers excise and state sales taxes. Tax must not be included in bid. Tjie exemption certificates will be executed by the City and furnished upon request. 10. Specification Samples: Any catalog, brand name, or manufacturer's reference in the request for quotation is descriptive and not restrictive. 11. Delivery Promise - Penalties: Quotations must show the number of calendar days required to place the materials in the possession of the City. Do not quote shipping dates. Consistent failure of a bidder to meet his delivery promises without valid reason may be cause for removal from the bid list. When delivery delay can be foreseen, the bidder shall give prior notice to the City of Kennedale who shall have the right to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery without acceptable reasons, or failure to meet specifications, authorizes the City of Kennedale to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting bidder. 12. Packaging: Unless indicated, items will be new, unused, and in first class condition in containers suitable for damage -free shipment and storage. 13. Correspondence: The bid number or item must appear on all correspondence, inquiries, etc. pertaining to this quotation. 3 14. Delivery Times: Deliveries will be acceptable only during normal working hours at the designated city facility. 15. Patent Rights: The vendor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied. 16. Evaluation: Response to specifications is primary in determining the lowest responsible bid. 17. Funding: The City of Kennedale is a home rule municipal corporation operated and funded on an October 1 to September 30 basis; accordingly, the City reserves the right to terminate, without liability to the City any contract for which funding is not available. 18. Assignment: The successful bidder shall not sell, assign, transfer or convey this contract in whole or in part without the prior written consent of the City of Kennedale. 19. Audit: The City of Kennedale reserves the right to audit the records and performance of successful bidder during the term of the contract and for three years thereafter. 20. Protests: All protests regarding the bid solicitation process must be submitted in writing to the City of Kennedale within five (5) working days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties or ambiguities in the specifications. 21. No Bid: If bidder does not wish to bid at this time but wishes to remain on the bid list for this product/service please submit a "No Bid" by the same time and at same location as stated for bidding. The City of Kennedale is always conscious and appreciative of the time and effort must have expended to submit a bid. We would appreciate you indicating on your "No Bid" response any requirements of this bid request which may have influenced your decision to "No Bid ". 22, Bid Summary Sheet: Bidders desiring a copy of the bid summary sheet may request same by enclosing a self - addressed stamped envelope with bid. Bid results will not be given by telephone. If you have any questions please contact the appropriate person as specified in the bid document. 23. Late Bids: Bids received by the City of Kennedale after submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for lateness of mail, carrier, etc. 24. Altering Bids: Bids cannot be altered or amended after deadline. Any interlineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. 25. Withdrawal of Bids: A bid may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon submittal of their bid. 26. Presentation of Bids: No oral, telegraphic, or facsimile bids will be considered. 27. Change Orders: No oral statement of any person shall modify or otherwise change, or affect the terms conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing to the City of Kennedale. 28. Addenda: Any interpretations, corrections or changes to this Invitation for Bid and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Kennedale Purchasing Department. Addendas will be mailed to all who are known to have received a copy of this Invitation for Bid. Bidders shall acknowledge receipt of all addenda. 29. Minimum Standards for Responsible Perspective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: a. have adequate financial resources, or the ability to obtain such resources as required; b. be able to comply with the required or proposed delivery date; c. have a satisfactory record of performance; d. have a satisfactory record of integrity and ethics; e. be otherwise qualified and eligible to receive an award. The City of Kennedale may request representation and other information sufficient to determine bidder's ability to meet these rlrinimum standards listed above. 30. Bidder Shall Provide with this bid response, all documentation required. Failure to provide this information may result in rejection of bid. 31. Successful Bidder Shall defend, indemnify and hold harmless the City of Kennedale and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person(s) or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgement with cost which may be obtained against the City of Kennedale growing out of such injury or damages. 32. Termination for Default: The city of Kennedale reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default in this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: 1) meet delivery schedules, or 2) otherwise perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. 33. Testing: Testing may be performed at the request of the City of Kennedale without expense to the City. 34. Remedies: The successful bidder and City of Kennedale agree that each party have all rights, duties, and remedies available as stated in the Uniform Commercial Code. 35. Venue: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tarrant County, Texas. 36. Silence of Specification: The apparent silence of the specifications as to any detail or to the apparent omission from it of a detail description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. The City of Kennedale reserves the right to reject any and all bids. Bid/Proposal Affidavit F CITY OF KENNEDALE BID/PROPOSAL AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all product/service upon which prices are extended at the price offered, and upon the conditions contained in the specifications on the Invitation to Bid. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Z A who after being by me duly sworn, did depose and say: "I, ZA;; .,j j® am a duly authorized officer or /agent for and have been duly authorized to execute the foregoing on behalf of the said company. I hereby certify that the foregoing bid has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid. Further, I certify that the bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool or agreement or combination to control the price of product /service bid on, or to influence any person or persons to bid or not to bid thereon. I also certify that I have not promised any gifts or favors to any person(s) regarding this bid." Please print the following information: Name and address of bidder: Name: Address: 1 y — G-, By: R, 4 A- aka ter~ Printed Name Phone: ( 7 ,S \ °I ) ',5'b • 1 Ga V & 1, &"' a - I Signature SUIACRIBED AND SWORN BEFORE ME BY THE ABO E NAMED S r rwv-�, on this i a day of 20097 ELL /ov ° ° °°°° STATES \Q�'a'� in and for the State of Texas P Bid/Proposal Verification Form F CITY OF ICENNEDALE BID/PROPOSAL VERIFICATION FORM The following questions must be completed in order for your bid to be considered: V.A.C.S. Art 6018: Non - resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non - resident bidder unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non - resident bidders state. In order to make this determination, please answer the following questions: 1. Address and phone number of your principal place of business: 2. Name and address of principal place of business, and phone number of your company's majority owner. 3. Name and address of principal place of business, and phone number of your company's ultimate parent company: to A ( 1 M un EF. Aie 3. Name and address of principal place of business, and phone number of your company's ultimate parent company: to A ( 1 M Please answer the following questions: Is the bidder or any person having a direct or indirect financial interest in the bidder, an officer or employee of the City of Kennedale? (officer includes any member of a city board or commission) Yes Nom. If yes, please identify the person or persons and the exact nature of the interest: 2. Is the bidder or any officer or manager of the bidder related to any City employee or department head, City Council Member or the member of any other City Board or Commission? Yes No -!> _. If yes, please identify the relationship between the bidder and the City: Printed Name `C:>� 4. N , 2r-�p� Date P City Vendors and Potential Vendors The Texas Senate passed House Bill (HB 914) adding Chapter 176 to the Local Government Code, which imposes new disclosure and. reporting obligations on vendors and potential vendors to local government entities beginning on January 1, 2006. Failure to abide by these new statutory requirements can result in possible criminal penalties. The City of Kennedale is requesting you complete the below Conflict of Interest Questionnaire (Form CIQ) prepared by the Texas Ethics Commission, at the direction of the legislature, and strongly recommends you become familiar with House Bill (HB 914). The City of Kennedale will not provide any interpretation or information regarding these new requirements. Once the Questionnaire is completed, please submit to: Kathy Turner City Secretary City of Kennedale 405 Municipal Drive Kennedale, TX 76060 ROLL CALL: ABSENT MAYOR, BRYAN LAN KHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER JERRY MILLER COUNCILMEMBER KELLY TURNER COUNCILMEMBER DAVID GREEN CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY WAYNE K. OLSON JAMES COWEY BUILDING OFFICIAL POLICE CHIEF TOMMY WILLIAMS FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE SAKURA MOTEN- DEDRICK DIR. PUBLIC WORKS LARRY LEDBETTER PLANNER RACHEL ROBERTS Staff Report To the Honorable Mayor and City Council Date: May 8, 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 APPEARANCE BEFORE CITY COUNCIL DATE: I-) - / / � ° Name of Speaker: Address: Subject: n 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? ❑ Yes ❑ No If yes, please list name and date: Speaking in Favor: ❑ For ❑ Against CITY OF K6VV EZM 405 Municipal Drive, Kennedale, Texas 76060 m ' "Im 1 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 APPEARANCE BEFORE CITY COUNCIL DATE: ��f & U47 6- y-^ Name of Speaker: 101.0 ttl) & Address: f4A/ J V ta - cf�v -lam Phone: Subj Is the subject matter listed as an agenda item? ❑ Yes C3&o If yes, please list item number: Has this subject been discussed with any member or administrative staff? ❑ Yes 1No If yes, please list name and date: Speaking in Favor: ❑ For ❑ Against k-4=1A am To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: V. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. Bob Hart, City Manager will provide a report on the following: 1. Kidfish Kidfish was held on April 25 th in Sonora Park with an estimated total of 175 adults and children attending the event with a total of 21 fish being caught. Winners: 6 & under I Kyentrela Smith 18 ' / 2 inches 2»d Koby Black 18 inches 7 -11 age group 1 St Dakota Ethridge 19 inches 2 nd Stephen Dehnell 18 t /2 inches 12-16 age group I Brittney Smith 14 inches 2 °d Sonny Jackson 6 inches Top Fundraisers Ethan Miller $135 William Ward $125 Colton Mosley $100 Morgan Earle $ 55 2. Board /Commission Appreciation Dinner Annual Appreciation Dinner was held on Thursday, April 23 with approxinmately 100 people in attendance Meal was catered by Unique Catering Mayor presented Marti VanRavenswaay with a Key to City Mayor presented Charles Overstreet with a Veterans Memorial Plaque for his time served in Iraq Shirts were provided to Board /Commission and Committee Members 3. City -Wide clean up Schuduled for Saturday, May 30 "' at TownCenter parking lot City personnel will be on hand to assist citizens with unloading of matierals Will not accept.... 4. Smoke Detector Campaign On May 30 Kennedale Firefighters and Rotary Club volunteers will install free smoke detectors in homes throughout the community. The free installation will include proper placement and installation, instructions on testing the detector monthly, and volunteers will assist the family in creating a fire escape plan for their home. There are a limited number of smoke detectors available. To make a request, please call 817.985.2150 by Tuesday, May 26 r ". Detectors will only be intalled in homes that currently do not have a working smoke detector on each floor. Recommendation: kAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 'q F JNNEI)ALE Early warning is the key to your family's survival should a fire strike your home. Every home needs a working smoke detector and a fire escape plan. On May 30 Kennedale's Firefighters and Rotary Chub volunteers will install free smoke detectors in homes throughout our community. The free installation includes: a 4 4 14 4 14 I A 4 4 4 A 4 Proper placement and installation of your new smoke detector Instruction on testing the detector monthly and changing the battery twice a year. • Assist the family in creating their home fire escape plan. 9 b Staff Report To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: VI Subject: Presentations Originated by: Kathy Turner, City Secretary Summary: The following presentation(s) will take place: ath of Office administered to re- elected City Councilmembers. Issuance of Certificate of Election to re- elected City Councilmembers. Update on Art in the Park by Art Committee Members. V P to Sergeant Johnny Sidebottom. Recommended Motion: Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MAY 14, 2009 CONSENT AGENDA ITEM NUMBERS: VII a through VII f REQUEST TO REMOVE: ITEM PERSON: ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO CARRIED FAILED mI77F elvATA119 May 2009 Dear Sponsor: 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 will not 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 bringing 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) 376 -7086 or at ma230(@sbcglobal.com. Thank you for your consideration. Sincerely, Mark Allen, Fundraising Chairman Kennedale Arts & Market Festival Committee w , —T itn tie A KENNEDA E TEXAS Dear Friends, The City of Kennedale through the Arts and Market Festival Committee is sponsoring the 1 St Annual Art in the Park Festival to take place in TownCenter Park Plaza on April 9 10 and 11 2010. We are asking that you support this wonderful community event financially. Your contributions are tax deductible under the Internal Revenue Service Guidelines. Your partnership, support and involvement are greatly appreciated. Sincerely, Bryan Lankhorst, Mayor Felipe Gutierrez, Chair it, th y KENNE DALE TEXA Apr • ' _Kenneda T Center and DESCRXPT Diamond Sponsor - $10,000 Investment • Sponsorship of Main Stage Area with banner recognition • Logo recognition on all event promotional material and mailings • Logo recognition throughout 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 Platinuni Sponsor - $5,000 Investment • 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 M - $2,500 Invest • 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 Silver Sponsor m $1,000 Xinv estment • Sponsorship of Vendor Booth Isle with sign recognition (4 -5 available) • Recognition on event website • Logo on event t -shirt • Recognition in event "thank you" ad Bronze Sponsor � $15500 Investnrient • Recognition on event website • Logo on event t -shirt • Recognition in event "thank you" ad " "Friends of the Festival®" - $100 In vestment • Logo on event t -shirt • Recognition on event website • Recognition in event "thank you" ad x LR tale _ A R KENhIEl7ALE TEXAS Sponsor Underwriting Contract 0 Individual Q Corporation Name: Address: City /State /Zip: Phone: Q Foundation QDiamond Sponsor - $10,000 Investment • Sponsorship of Main Stage Area with banner recognition • Logo recognition on all event promotional material and mailings • Logo recognition throughout 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 92I1 3 latinum Sponsor - $5,000 Investment • 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 QGOId Sponsor - $2,500 Investment • 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 DSilver Sponsor - $1,000 Investment • 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 SZBronze Sponsor - $500 Investment • Logo recognition on event website • Logo on event t -shirt Recognition in event "thank you" ad 0 "Friends of the Festival" - $100 Investment • Logo on event t -shirt Recognition in event "thank you" ad PAYMENT INFORMATION Amount of Contribution $ Make checks payable to City of Kennedale c/o Art In the Park. Final payment due by: Amount to billed now: $ Balance to be billed: Art in the Park Committee Representative Date: Q Full payment enclosed Please retain a copy for your files and return original to City of Kennedale c/o Art In the Park, 405 Municipal Dr., Kennedale, TX 76060. Phone (817) 376 -7086 and fax (817) 478 -4222. "Art in the Park" PRINTING AND PUBLICATION Please use the following name(individual, corporation, foundation) for listing in the "Art in the Park" publications listing sponsors. Print or type EXACTLY as name should appear Q I(We) prefer not to be listed in any printed material 0 I am an anonymou donor Date Received: Check #: Check Amount: Date: May 8, 2009 Subject: Approval of Minutes: Work Session dated April 7, 2009, and Regular Meeting dated April 9, 2009 Originated by: Kathy Turner, City Secretary Summary: Attached for Council review and consideration are the meeting minutes from the work session that was held on the 7u, day of April 2009, and regular meeting held on the 9th day of April 2009. Recommendation: RECOMMEND APPROVAL 3398 KENNEDALE 316 W. 3 RD Mayor, Bryan Lankhorst called the wo s i Council present: Bryan Lanl rst John Clark David Green Brian Johnson Kelly Turner Jerry Miller Staff present: Bob Hart Cindy Henry Kathy Turner Sakura Dedrick Tommy Williams Mike McMurray Larry Ledbetter James Cowey Rachel Roberts 2:20 p.m. CENTER Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 2 Councilmember, Place 3 Councilmember, Place 4 Councilmember, Place 5 City Manager Asst. to the City Manager/HR. Director City Secretary Director of Finance Chief of Police Fire Chief Director of Public Works Building Official Planner I. STRATEGIC PLANNING WORK SESSION Dr. David Tees, Director of Training and Services with UTA's School of Urban and Public Affairs led a strategic planning work session between the city council and city staff to review interview results, mission/vision — Kennedale 2015, strategic priorities, action steps and assignments /timelines. City Council and staff broke into two groups to address strategies to address complex issues identified by the 2015 task forces, and address strategies for resolving issues assigned by 2015 kick off participants for action by the City. An analysis will be prepared reflecting issues and brought back before Council in September 2009. II. ADJOURNMENT There being no further discussion, Mayor Lankhorst adjourned the work session at 7:33 p.m. APPROVED: EXEM- I6 7, 2009 Mayor, Bryan Lankhorst Kathy Turner, City Secretary 3399 KENNEDALE REG R_ 405 MUNICIP ]Z. Mayor, Bryan Lankhorst called the an present: Council present: Bryan Lankhorst Council absent: Staff present: John Clark Brian Johnson Jerry Miller David Green Kelly Turner Bob Hart Kathy Turner Wayne K. Olson Sakura Dedrick Tommy Williams Mike McMurray Larry Ledbetter James Cowey 9, 2009 FNICIPAL BLDG. at 5:45 p.m., and announced that a quorum was Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 3 Councilmember, Place 5 Councilmember, Place 2 Councilmember, Place 4 City Manager City Secretary Legal Counsel Director of Finance Chief of Police Fire Chief Director of Public Works Building Official I. WORK SESSION a. Discuss options available for right -of -way purchases. Bob Hart, City Manager addressed Council in regards to the right -of -way purchases and procedures for Tarrant County road projects. b. Presentation regarding 2010 Census. Madeline Kelley, Partnership Specialist with the US Census Bureau provided a Power Point presentation regarding the 2010 Census. C. Discuss and review any item on the agenda, if needed. Bob Hart, City Manager reviewed consent agenda items and fielded questions from the City Council. II. REGULAR SESSION Mayor, Bryan Lankhorst called the regular session to order at 7:05 p.m. III. a. INVOCATION Marvin Raines, Pastor with Liberty Church provided the invocation. b. US PLEDGE OF ALLEGIANCE Mayor, Bryan Lankhorst led the US Pledge of Allegiance. 3400 C. TEXAS PLEDGE OF ALLEGIANCE Mayor, Bryan Lankhorst led the Texas Pledge of Allegiance. Charlie Doescher, 1121 Kennedale Parkway, Kennedale, TX addressed Council in regards to Kennedale on Patrol "KOP ". Doescher implied that KOP is an organization consisting of volunteers that will be eyes and ears to assist the police in detering crime. a. City Manager Clean -up campaign Bob Hart, City Manager announced the upcoming annual spring clean up scheduled for Saturday, May 30 in the TownCenter. 2. Update on Warrant Roundup Bob Hart, City Manager recognized Court Administrator, Jennifer Bozorgnia and Warrant Officer, Clarence Bullocks for their hard work in the recent warrant roundup. Hart implied Ninety Eight Thousand One Hundred Seventy Seven Dollars and Twenty -Two Cents ($98,177.22) was cleared, and Forty One Thousand, Four Hundred Sixty Nine Dollars and Seventy Cents ($41,469.70) was collected, which was the most ever collected in a roundup. VI. CONSENT AGENDA a. Approval of minutes: Regular Meeting dated March 12, 2009. b. Approval to select ESG — Energy Services Group as an energy services partner and authorize the City Manager to sign a letter of intent for the guaranteed energy savings project. C. Approval to authorize the City Manager to execute a contract with Teague, Nall, and Perkins for engineering services in regards to Oak Crest Sanitary Sewer Phase 2 TNP Project No. KEN 09159. d. Approval to authorize the City Manager to execute a contract with Teague, Nall, and Perkins for engineering services in regards to High Ridge Road Water and Sewer TNP Project No. KEN 009160. e. Approval of Resolution No. 283, authorizing funding participation with Tarrant County for the 34 Year Community Development Block Grant (CDBG). f. Approval of Resolution No. 284, affirming the city's support and partnership with the 2010 Census. 3401 g. Approval of Resolution No. 285, opposing House Bill 4441. Councilmember, Brian Johnson moved to approve consent agenda items a through g, second by Councilmember, Jerry Miller. Motion carried (3 -0) Review and consider action to accept Certification of Unopposed Candidates, and approve Ordinance No. 430, canceling the May 9, 2009 General Election. Councilmember, Brian Johnson moved to accept Certification of Unopposed Candidates, and approve Ordinance No. 430, canceling the May 9, 2009 General Election. Councilmember, Jerry Miller second the motion with all members present voting in favor. Motion carried (3 -0) Review and consider action to authorize the City Manager to execute a contract to proceed with right -of -way purchases. Councilmember, Brian Johnson moved to table item i, second by Councilmember, Jerry Miller. Motion carried (3 -0). Review and consider action to authorize the City Manager to execute a contract with Tarrant County for street improvements. Councilmember, Brian Johnson moved to authorize the City Manager to execute a contract with Tarrant County for street improvements, second by Councilmember, Jerry Miller. Motion carried (3 -0). k. Review and consider action regarding a notice from the Public Utility Commission (PUC) of Texas for a consumer price index (CPI) adjustment to Municipal Telecommunications right -of -way access line rates. No action was taken on this item. There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at 7:22 p.m. to enter into executive session. VIII. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. 1. Usage agreement with IESI 2. Amicus brief in City of Dallas vs. Stewart 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. Bowman Springs Road re- alignment properties 3402 IX. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 7:43 p.m. Mayor Pro -Tem, John Clark moved to authorize the lending of the name Kennedale, and authorized a Five Hundred Dollar ($500.00) contribution to Amicus Brief, second by Councilmember, Brian Johnson. Motion carried (3 -0). X. ADJOURNMENT There being no further discussion, Mayor Lankhorst asked for a motion to adjourn. Councilmember, Brian Johnson so moved, and Councilmember, Jerry Miller seconded the motion with all members present voting in favor. Motion carried (3 -0). Meeting adjourned at 7:45 p.m. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: II -b. Subject: Approval of Election Register. Originated by: Kathy Turner, City Secretary Summary: It is required that votes cast in each city election be preserved as a permanent record in an election register maintained by the secretary. Election register must contain in tabulated form the information or results prepared by the local canvassing authority. Recommended Motion: Move to approve Election Register Page 63, reflecting that Ordinance No. 430 cancelled the May 9, 2009 General Election and declared each unopposed candidate elected to office. Candidates elected were: Council Place l: Council Place 3: Council Place 5: John Clark Brian Johnson Jerry Miller ELECTION REGISTER PAGE 63 Election Date: May 9,, 2009 Ordinance: Ordinance No. 430 cancelled the May 9, 2009 General Election and declared each unopposed candidate elected to office. Election: Three Councilmembers The following candidates, who are unopposed in the May 9, 2009 General Election, are hereby declared elected to office: Council Place 1: John Clark Council Place 3: Brian Johnson Council Place 5: Jerry Miller ADOPTED AND APPROVED on this the 14' day of May 2009. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary Date: May 14, 2009 Agenda Item No: VII -c. Subject: APPROVAL OF QUARTERLY INVESTMENT REPORT Originated by: Sakura Moten - Dedrick Summary: Per the Public Funds Investment Act (PFIA), a municipality must report to the governing body the status of funds invested by the City of Kennedale at least quarterly, in accordance with the City's Investment Policy originally adopted on September 13, 2001. Attached is the report that outlines the percentage of the City funds invested in certain accounts, along with the market value of all invested funds. Also reported is a comparison of interest rates among the City's participating investment pools to the Treasury -bills that matured during the same quarter. Recommended Motion: Staff recommends approval. Disposition by Council: The Quarterly Investment Report provides the City's investment portfolio position as of the report period indicated above. Funds of the City are invested in accordance with the City of Kennedale Investment Policy as 'originally adopted on September 13, 2001 and subsequently reviewed on November 13, 2008. SUMMARY OF INVESTMENTS FOR THE QUARTER 44.8% of the City of Kennedale's Investments are owned by the Pooled Cash Fund. The following funds own percentages of the remaining investments: $2.735M 2007A CO Bond Fund (20.60 %), $2.9M 2007 CO Bond (6.30 %), and 2008 CO Bond Fund (28.30 %). As of the report period indicated above, 61.80% of the City's investments are in investment pools, while 1.6% are in reverse repurchase agreements in the form of a sweep account. The remaining 36.50% are invested in three (3) money market savings accounts. Both the sweep and money market savings accounts are collateralized by AAA rated securities. TexPool, TexasTerm, and TexStar have all declared the following: 1) Their investment portfolios meet the Public Funds Investment Act (PFIA), 2) they are rated as AAA money market funds by a nationally recognized rating service, and 3) the Net Asset Value of the pools are maintained within the required range at all times. 2009 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Beg Book Value (All) 15,553,040.05 - - - Qtr Deposits 8,306,285.61 - - - Qtr Withdrawals 8,010,817.65) - - - Interest Earned 29,688.10 - - - End Book Value (All) 15,878,196.11 - - - Market Value Of Investments 15,878,196.11 - - 15,563,773.99 2008 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Beg Book Value (All) 12,340,730.67 13,083,728.51 11,874,306.46 15,782,234.92 Qtr Deposits 6,776,710.32 3,873,084.35 11,093,455 5,235,170.57 Qtr Withdrawals 6,149,708.93 5,153,478.65 7,254,837.25 5,522,697.06 Interest Earned 115,996.45 70,972.25 69,310.71 69,065.56 End Book Value (All) 13,083,728.51 11,874,306.46 15,782,234.92 15,563,773.99 Market Value Of Investments 13,083,728.51 11,874,306.46 15,782,234.92 15,563,773.99 PORTFOLIO OF TERM INVESTMENTS The City does not currently own any fixed term maturities. PORTFOLIO OF AGENCY INVESTMENTS The City does not currently own any agency securities. INVESTMENT STRATEGIES The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the City's investment risk constraints. The City does not purchase high -risk investments such as derivatives. The following table indicates investment rates for the three -month period ending as of the report period indicated above. MON TH TEXPOOL TEXSTA.R TEXASTERM T -BILLS January-09 0.9529% 0.9005% 1.1205% 0.8558% February-09 0.6690% 0.7053% 0.8280% 0.3005% March -09 0.5788% 0.5945% 0.7385% 0.0370% Average Rates 0.7336% 0.7334% 0.8957% 0.3978% This Time Last Year 3.5519% 3.5355% 3.7696% 3.5620% The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently being offered by the investment pools. Most funds were invested in the investment pool in order to achieve the greatest liquidity while earning a competitive yield. NEW REPORTING REQUIREMENTS This report is in compliance with the investment strategies as approved and the Public Fund Investment Act. Sakura Moten- Dedrick, Director of Finance Bob Hart, City Manager N N M O m J O d o Z0N w J a Z W LL C O ,JAW w o IL In < m � r y N m � N W f Z to ' y Ul o J N N Q 0 O 3I- N e e m W N D FA M m m M O h M a Z O Z W 0 O K W a J K W H 7 O K O LL uj� U z z Lu 0) SCS (D a Z W wa (3) 0 o -i N I R (D -t w N 0 LD I o Lo r m z CD W 0 F- C' U) 0 Cl) W (L > LU Z W m Z w E LL 0 LU 0 W ®. 0 u w E u 0 z C4 q 4 0; CL LU W (n F- M C-4 C11 r- co u w E u 0 z CL LU W (n F- M w LU O w U z z 2 0 z co (7) 0) F- m Z Z5 5 el t w Z6 0 (n U) a. m M C4 In 0 LU LU 0 U) W ( z 0: U) Z C) LL LL 0 w o w LU Lu m w 0 no U. Z -A w 2 x C) —1 m Ill L) Z 0 LLJ 0 L) -j , c -A < F- -A < z z ' w w W 0 z I U 4 ca Y Z 9 L� U) LU LU Z 0 U C) t1i a o 0 0 0 N N N N O O . M < O Om W m 0 0 O O O N tD o N o 0 0 0 0 0 0 0 6 6 0 0 e L r in GD p d Q o rn d a C� N O G W ~ w In a a Z a w (= W Q' Z LL a N N in - J a C C P o N N N r - m !� N P fD N N O W N O W O to O LQ cli Lo m r m „ QO N M W L!) M cl ( V Io (I O) (D Q) h PL N CM !A W O N N N M U) 20 r a a) LO N O) r (p N ti N 0 W io. A W N r C > V I� W 0 I- co (D (V N LI Y N M N (n Cl) N m m h w 0 m U) P 61 < W N N (q M m (O LD d' O) V N co V N V N U co d . I D N (n N co (D O ( M r c') M O) c N N r Cl O Cl M O n O D OO co � O Cl) [MO (O f3 N V m N (O G ` N M M 0 = N (V a co 40 1 O W 0) m D M (D cq T m L,) � ( (�D N N W M p C W ( V 7 a0 N M V u'i m G> (D N V I- N N M O) o M Y N M N (00_ Cl) W O ( m I p N (D M m r r N 7 A N ❑ C E W A (n C O CL ° y O Y U � U) a = (n U O 0 w W U O 0 o Z O OU m U r m 00 v p W U m N m U ' U h o O C ( O °0 F- a w_ > w > J W T N p ~ C O F z v >> 0 U) ^2 N ❑ ❑ w ~ W IL rn J Q � LL U Q LL 7 o o o M Z m J O U U r 2 W U) a W ❑ W ar a. LL . Z ly H in } ¢ L. L l 2 J J J J J d' w U Y mCL U w U) wJJJ w I L D- - U)i w f•- Z v Q �www > w t�i ti5u�u� ?< Q w? c ¢ Ir ? O Q O (n m (O��i ? F-I-I- PPPP LL Z U Z Q Z F Z U Z Ltj To the Honorable Mayor and City Council Date: May 14, 2009 Agenda Item No: VII -d. Subject: APPROVAL TO RATIFY CONTRACT WITH TARRANT COUNTY TAX OFFICE FOR THE ASSESSMENT AND COLLECTION OF AD VALOREM TAXES LEVIED BY THE CITY OF KENNEDALE FOR THE 2009 TAX YEAR Originated by: Sakura Moten - Dedrick Summary: This is an annual agreement under which Tarrant County serves as the tax assessor and collector for the City of Kennedale, Texas. This agreement is substantially the same in form as it has been for several years. The main factor which generally changes from year to year is the cost that we are charged by Tarrant County to mail out tax statements. For the 2009 Tax Year (FY2009- 2010), the fee will be $.65 cents per parcel. The prior year fee was $.65. The City of Kennedale will be invoiced for all accounts based on the October billing roll certified to the Tarrant County Tax Assessor /Collector by January 15 and payment must be received by February 15. Recommended Motion: Approve contract. Disposition by Council: Copy Y ERR, Agreement for the Collection of Taxes COUNTY OF TARRANT Agreement made this day of M a l , 2009, by and between the Tarrant County Tax Assessor /Collector, _ft hereinafter referred to as ASSESSOR/COLL CTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196 -0301, and the City of Kennedale, hereinafter referred to as City, whose address is 405 Municipal Dr, Kennedale, TX 76060. PURPOSE OFAGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the City has imposed said taxes. The ASSESSOR/COLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll from the appropriate Appraisal District and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and payment processing. All City disbursements, made by check or by electronic transfer (ACH), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement may be withheld until the cumulative total of taxes collected for the City equals at least one hundred dollars ($100.00), or at the close of the month. A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. III. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of sixty five cents ($.65) per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by the Appraisal District. New accounts added by the appropriate Appraisal District will be billed to the entity. The ASSESSOR/COLLECTOR will invoice for all these accounts by January 15, 2010 with payment to be received from the City by February 15, 2010. II. REPORTS The ASSESSOR/COLLECTOR will provide the City the following reports, if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report (Summary) Monthly: Tax Roll Summary (Totals Only) Year -to -Date Summary Report Detail Collection Report (Summary) Distribution Report (Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. III. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of sixty five cents ($.65) per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by the Appraisal District. New accounts added by the appropriate Appraisal District will be billed to the entity. The ASSESSOR/COLLECTOR will invoice for all these accounts by January 15, 2010 with payment to be received from the City by February 15, 2010. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid by the entity. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the City auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in -house tax system computer terminals to assist the City auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. V TAX RATE REQUIREMENT The City will provide the ASSESSOR/COLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied for assessing purposes by Friday, September 12, 2009. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City. If the City wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VI COMPLIANCE WITHAPPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of that fact and the reasons therefore. Vii DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City shall be promptly transferred to the account of the City at the City's depository bank. All payments to entities will be made electronically by the automated clearing house (ACH). The ASSESSOR/COLLECTOR has no liability for the funds after initiation of the ACH transfer of the City's funds from the COUNTY Depository to the City's designated depository. VIIL INVESTMENT OF FUNDS The City hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City. IX. REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which were mandated by the appropriate Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided to the ASSESSOR/COLLECTOR. All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction. The proportional share is based upon the City's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. In the event any lawsuit regarding the collection of taxes provided for in this agreement to which City of Kennedale is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement agreement or final judgment require that a refund be issued by City of Kennedale to the taxpayer, such refund shall be made by ASSESSOR/COLLECTOR by ;debiting funds collected by ASSESSOR/COLLECTOR on behalf of City of Kennedale and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment. X. DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections, 33.07, 33.08, 33.11 (changed order) and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are specified by the City through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR will disburse the amount directly to the City for compensation to a Firm under contract to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR. XI. TERM OFAGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 2009 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph X11. XII. NOTICES Any notices to be given hereunder by either parry to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. XHI. MISCELLANEOUS PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. BY.• BETSYPRICE TA X A S SESS O RI C O L L E C T OR TARRANT COUNTY FOR THE CITY OF KENNEDALE: BY.• TITLE: DATE ® / (J`°t DAq"E FOR TARRANT COUNTY: BY.• B. GLEN WHITLEY DATE TARRANT COUNTYJUDGE APPROVED AS TO FORM *AND CONTENT BY• DISTRICTATTORNEY'S OFFICE DATE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). DELINQUENT ATTORNEY CONFIRMATION 2009 TAX YEAR ((f rlease coMplete the form below and return with your entity contract))) Collection penalty % by ordinance, resolution or amendment authorizing attorney collection fees in accordance to Sections 33.07 and 33.08 Texas Property Tax Code is ® 1l-6 Percent Collection penalty % by ordinance, resolution or amendment authorizing early turn over of this unit's business personal property in accordance to Section 33.11 Texas Pro e�rty Tax Code is Percent The effective date of the ordinance, resolution or amendment authorizing early turn over of this unit's business personal property in accordance to Section 33.11 Texas Property Tax Code is Month Day Year If you change law firms you must notify Tarrant County Tax Office in writing By signature below, the information contained in this form is deemed true and correct. Authorized Signature Printed Name Title Sworn and Subscribed to before me on this the day of to certify which witness my hand and seal of office. Notary Public in and for the State of Texas My commission Expires: _ Staff Report To the Honorable Mayor and City Council Date: Agenda Item No May 14, 2009 VII -e. Subject: APPROVAL OF BANK SIGNATURE APPLICATION FOR ADDITIONAL CITY ACCOUNT AT WELLS FARGO BANK BY MAYOR BRYAN LANKHORST, MAYOR PRO TEM JOHN CLARK AND CITY MANAGER BOB HART Originated by: Sakura Moten - Dedrick Summary: On August 10, 2006, the City Council approved new bank depository services with Wells Fargo Bank for a period from August 1, 2006 through July 31, 2009, with a provision for two one -year continuations under the same terms and conditions of the contract, subject to the mutual agreement of both parties. Initially, the City established two main bank accounts and has since opened up two more, which are directly tied to the recent $4.5M bond issue. In an effort to streamline our monthly bank reconciliation process, staff would like to recommend the establishment of an additional banking account. This bank account would be used solely as a disbursement account to fund payroll on a bi- weekly basis. Finance will transfer to this account whatever deposit amount is required for payroll, and employees will withdraw from it via direct deposit or regular payroll checks accordingly. Essentially, this account will be utilized for this sole purpose only and maintain a zero balance. Account Name Type 1. Consolidated Cash Checking 2. 3 County Road 08 CO Debt Money Market 3. Dick Price Road 08 CO Debt Money Market 4. Savings Money Market S. Payroll Disbursement Checking Account Purpose Main Checking $3.OM For 3 County Roads $1.5M For Dick Price Road Main Savings Fund Employee Direct Deposit /Checks Recommended Motion: Approve and execute signature resolution. Disposition by Council: Date: May 14, 2009 Agenda Item No: VII -f Subject: Approval to award bid for sale of property located at Lot 28A, Block 1, Oak Crest Addition Originated by: Bob Hart Summary: Last fall Council authorized City Staff to advertise for bids to sell the small track of property in the Oak Crest addition between Log Cabin and Dreamers where the old water well was located. In advertising for bids, sale of the property was restricted to Economic Development purposes only. The city received one bid for the property submitted by Robert J. Barron, the representative for the interested party. Mr. Barron bid $21,994 for the property to build a service station. Recommendation: City Staff recommends awarding the bid to the interested party in the amount of $21,994 with the closing of the property within 120 days. Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MAY 14, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -g. MOTION: COUNCIL MEMBERS MOTION SECOND AYE I NAY ABSTAIN/ ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: � CARRIED / FAILED CITY SECRETARY'S FOLLOW UP: Staff Report To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: VIII -g. Subject: Election of Mayor Pro -Tem Originated by: Kathy Turner, City Secretary Summary: The Mayor Pro Tempore is a member of the Council who performs the Mayor's duties during the Mayor's incapacity or absence. The Mayor Pro-Tern is selected by majority vote of the council, and his or her term is for one year. The Mayor Pro-Tern shall have the same power as the Mayor except veto power and shall retain the right to vote as a Councilmember, per Home Rule Charter, Section 3.03. Recommended Motion: Council elects a fellow Councilmember to serve in the capacity of Mayor Pro -Tem. .. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MAY 14, 2009 REGULAR ITEMS: ITEM NUMBER: VIII -h. MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN TURNER ORDINANCE/RESOLUTION NO CARRIED ®- CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Date: May 14, 2009 Agenda Item No: V Subject: Review and consider action to authorize the City manager to execute a contract with Ronnie Nowell for right -of -way purchases. Originated by: Bob Hart Summary: The city is continuing to work with Tarrant County on the construction of Bowman Springs Road, Little Road, and Sublett Road. Teague Nall and Perkins Engineers are nearing the completion of the final route design so that the city can begin acquisition of the needed right -of -way. There are 106 tracks of property to purchase which is more than city staff would be able to handle in addition to routine work. Consequently staff is requesting approval to contract with Ronnie Nowell for the purchase of the right -of -way. Attachments: Proposed contract between the City of Kennedale and Ronnie Nowell Recommendation: City Staff recommends authorizing the City Manager to execute the contract with Ronnie Nowell for purchase of a right -of -way along the three Tarrant County Road projects. Disposition by Council: Agreement for ROW 2006 Bond o, o Pro jects Bowman Springs Road Sublett Road Little Road >! Ronnie Nowell proposes to act as the Agent for the City of Kennedale in providing right of way acquisition services in connection with the design and plan preparation for the above described sections of Bowman Springs, Sublett and Little Roads in the City of Kennedale. A description of the anticipated work includes: RIGHT OF WAY ACQUISITION: ® Title opinion — request title opinion and commitment to provide information on property owners, lienholders and tenants and title insurance from Title Company. Review title issues and plan to discuss with property owner at the appropriate time. The time spent to coordinate with the Title Company and secure release documents is included in the contract parcel cost. Title insurance fee is not included in the basic services in this proposal. Title expense will be billed by the Title Company and appear on the Closing Statement. Initial Notice Letter — Prepare a letter to each impacted property owner describing the proposed roadway work and the anticipated need to acquire additional property from them. The City's property acquisition process will be discussed and a copy of the "Land Owners Bill of Rights" will be enclosed. Advise the owner that they will soon be contacted by Ronnie Nowell, representing the City of Kennedale, to discuss the purchase of their property. ® Land Value Estimates — Working with prepared property descriptions of the proposed right of way, value estimates will be calculated using the land value as established by the tax appraisal district. Each property will be visited to determine if there are improvements or leasehold interests that should be included in the value estimate. When valuations are complete Ronnie Nowell will present them to City Staff for their review and approval prior to initiation of negotiations. Offer of Purchase — Ronnie Nowell will contact each property owner and schedule a time to meet with them to discuss the purchase of the needed right of way. Agent will answer all questions either directly or after discussions with the design engineer or other informational sources. The offer of purchase will be formalized in an "Offer Letter" to the property owner. Negotiations — Agent will contact property owner on a weekly basis until an agreement is reached or it is determined that further contacts would be non productive. All counter offers will be presented to City Staff for determination of acceptability. Length of negotiations will be determined by City Staff and project timing issues. Ronnie Nowell will maintain a parcel file for each parcel that will include all correspondence with the owner, a contact log which will document the dates and substance of all conversations and other contacts with the owner, specifically including the dollar amounts of all offers and counteroffers, and copies of the title opinion, legal description, and documentation of offer amount determination. Ronnie Nowell will contact any tenants on the property to determine the extent of any leasehold interest they may have and whether relocation expenses Will be necessary. ® Closing — When an agreed to amount has been determined, Ronnie Nowell will work with City Staff and Title Company to fund the purchase and set a closing date. Ronnie Nowell will work with the Title Company and property owner to secure all title curative documents. Agent will be responsible for recording all deeds in the County Clerk's office and returning recorded copies to the City when completed. Property Management — Ronnie Nowell will work closely with the property owner to ensure that any personal property that may be in the new right of way will be removed in a time frame compatible with utility adjustments and project construction. Ronnie Nowell will manage the removal of any structures acquired for the project. Ronnie Nowell will work with City staff to contract with an environmental Consulting firm to test the sites and prepare a remediation and disposal plan if hazardous materials are found. Ronnie Nowell will manage the work of the Environmental Consultant and the demolition contractor to complete the work in accordance with the TCEQ rules. Appraisal — If negotiations based on the appraisal district value are unsuccessful, a formal appraisal of the property will be performed by a qualified independent real estate appraiser. The appraiser's work product will comply with the "Uniform Standards of Professional Appraisal Practice ". The appraiser will conduct an on -site inspection of the property and afford the property owner and any tenants the opportunity to accompany him/her on this inspection. The appraisal shall determine any recommended division of value between the property owner and the tenants. When the report is complete it will be presented to City staff for their review and approval prior to making the offer to the property owner. The cost of the appraisal service is not included in this proposal. Ronnie Nowell will secure this work from an independent appraiser and pass the cost through to the City or the City may contract directly with the independent appraisers. ® Negotiations — Agent will reopen negotiations with the property owner with the offer being based on the value of the formal appraisal and as approved by City Staff. A copy of the appraisal shall be furnished to the property owner at this time. Good -faith negotiations will continue until an agreement is reached or until it is determined that further negotiations are not fruitful. If an agreement is reached, a closing as described above is scheduled. Referral to Condemnation — When all options for securing the property have been exhausted and by City Staff concurrence, the owner will be sent a final offer letter and the parcel will be referred to the City Attorney to schedule a commissioner's hearing. Agent shall coordinate with the City Attorney to assure that adequate time is afforded for consideration and approval of condemnation proceedings by the city council. Condemnation support — Negotiation reports, appraisal reports and other supporting documents will be provided to the City Attorney. Appraiser will serve as the value expert and work with the City Attorney to prepare and present testimony at the Commissioner's Hearing. Ronnie Nowell will be available to testify about the negotiation process as requested by the City Attorney. Teague Nall and Perkins Engineers will testify concerning the need for the project and/or the basic standards utilized in the project design. Exhibits requested by the attorney will be prepared by TNP engineering staff. Relocation Assistance — Ronnie Nowell will work with any displaced residential owners or tenants and /or business operations displaced by the project to provide relocation benefits in accordance with the policies of the City of Kennedale. FEE STRUCTURE ROW Acquisition: Bowman Springs Road 16 Parcels @ $1000 /ea $16,000 Sublett Road 42 Parcels @ $1000 /ea $42,000 Little Road 36 Parcels @ $1000 /ea $36,000 Total $104,000 Relocation Assistance Undetermined need at this time but will be provided as needed @ $800 /parcel. Property Management Service to manage the removal of improvements on properties in accordance TCEQ rules provided as needed @ $800 /parcel. Basic Fee includes all described services except: 1. Title Insurance — cost of title policy 2. Appraisal Fee — Cost of preparation of a formal appraisal on parcels that are referred to Eminent Domain. 3. Expert testimony fees in Eminent Domain proceedings for the Appraiser and engineer if needed. 4. Time and expense of exhibit preparation for Eminent Domain proceedings. Rates for extra services: 1. Title insurance — determined by amount of parcel cost (Set by State Insurance Board) 2. Appraisal Fee — Cost of appraisal preparation and testimony hourly rates are negotiated at the time appraiser is contracted to do the work. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF KENNEDALE (CITY) 11' RONNIE NOWELL By: _ Bob Hart, City Manager Date: ATTEST: By: City Secretary By Ronnie Nowell Date: GILMV�Y1A Notary Public in and for the State of Texas Date: Type or print Notary's Name My commission expires: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: MAY 14, 2009 RECESS INTO EXECUTIVE SESSION: 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 NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: ix. Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: a. The City Council will meet in closed session pursuant to Section 551.071 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 — All appraisals have been submitted to the Parks & Wildlife 2. TownCenter Development — MMD Bill —out of Senate —scheduled to Vote on Thursday 3 Bowman Springs Road re- alignment properties ._ r ._ ♦ r To the Honorable Mayor and City Council Date: May 8, 2009 Agenda Item No: ix. Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: a. The City Council will meet in closed session pursuant to Section 551.071 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 —All appraisals have been submitted to the Parks & Wildlife 2. TownCenter Development — MMD Bill — out of Senate — scheduled to Vote on Thursday 3 Bowman Springs Road re- alignment properties • Staff Repot To the Honorable Mayor and City Council Date: May 8, 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. a. Consider approval of Resolution authorizing the purchase of property located at Lot 27, Block 3, Briarwood Addition for the Bowman Springs Road re- alignment. * *Gregory Property** - Purchased for $60,000 (Appraised Value of Property) Rattikin Title is handling paperwork — will receive Title to property as well as Title Insurance — Scheduled to close prior to May 22 °d Recommendation: