07.09.2009 CC PacketNotice 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 9 day of July 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 2 nd day of July 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 July 2, 2009 at 4:00 P.M.
and remained so posted continuously for at least 72 hours preceding the scheduled time of
said Meeting.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, large print, are requested to contact the City Secretary's Office at (817)
985.2104 five (5) work days prior to the meeting so that appropriate arrangements can be
made.
° M v ti
y •••••1''t#�is the 2 day of July 2009.
Ca °
_ • By:
_
Kathy Turner, TRMC
City Secretary
Y
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING — JULY 9, 2009
COUNCIL CHAMBERS
WORK SESSION — 5:30 PM
REGULAR SESSION — 7:00 PM
CALL TO ORDER
ROLL CALL
I. WORK SESSION — 5:30 PM
Interview potential board applicants for board/commission alternate positions that are
vacant.
Discuss Illicit Discharge Ordinance.
Discuss water distribution issues, and water rationing
/ d. Discuss City's Mission and Vision Statement per Strategic Plan.
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 2
a. City Manager
1. Report on the Chamber of Commerce Kar Show.
2. Report on the Chamber of Commerce July 15` Luncheon at 11:30 a.m.
VI. REGULAR ITEMS
a. Review and consider action to approve regular meeting minutes dated June 11,
2009.
b. Review and consider action to approve Resolution No. 286, declaring certain property
surplus and /or salvage and authorizing the sale of said property.
C. Review and consider action to call a budget workshop for August 1, 2009; special
meeting for August 27, 2009; and special meeting for September 3, 2009.
d. Review and consider action to appoint two alternate members to fill the vacancies
on the various board /commission committees.
e. Review and consider action to approve the TownCenter Pavilion Rental Policy.
",f. Review and consider action to approve Ordinance No. 431, Illicit Discharge and Illegal
Connection Ordinance,
VII. 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. Brenda L. Santos Cantu vs. City of Kennedale
b. The City Council will meet in closed session pursuant to Section 551.072 of the
Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property for the following:
1. Expansion of Sonora Park
2. TownCenter Development
3. Bowman Springs Road Re- alignment properties
C. The City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect with which the city is conducting economic development
negotiations.
VIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
IX. ADJOURNMENT
Page 2 of 2
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING ROLL CALL
DATE: JULY 9, 2009
START TIME: PM
END TIME: PM
ROLL CALL:
CITY STAFF PRESENT:
PRESENT
ABSENT
MAYOR, BRYAN
LAN KHORST
MAYOR PRO TEM
JOHN CLARK
COUNCILMEMBER
BRIAN JOHNSON
lz
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
HUMAN RESOURCE DIR
CINDY HENRY
Staff Repot
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: I. a -e
Subject: Work Session
Originated by: Bob Hart, City Manager
Summary: Work Session
a. Interview potential candidates for board /commission alternate positions vacant;
b. Discuss Illicit Discharge ordinance;
c. Discuss water distribution issues and rationing;
d. Discuss City's Mission and Vision statement per Strategic Plan; and
e. Discuss and review any item on the agenda, if needed.
Recommendation:
Disposition by Council:
5=1—
To the Honorable Mayor and City Council
Date: June 30, 2009
Agenda Item No: I -a
Subject: Interview potential board applicants for board /commission alternate positions vacant.
Originated by: Kathy Turner, City Secretary
Summary: During the June 2009 council meeting discussion ensued regarding re-
appointments /appointments to the various board/commission committees. The Council
indicated that two applicants were not known, and an interest was expressed in
interviewing potential applicants prior to appointments taken place.
The two applicants, Darrell Dixon and Jason Galloway who were not in attendance will
be present to address any questions that may arise. Their applications are attached for
your review, as well.
Also, listed below are the current vacancies on the various board /commission
committees along with the prospective applicants ranking to serve on such
board /commission.
Planning and Zoning Commission
Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — 1; Galloway - 2
Board of Adjustment
Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — 4; Galloway - 4
Park Board
Place 6 — Vacant Alternate Position expiring 2010
Order Ranked by Applicants 1 to 6: Dixon — 5; Galloway - 5
Library Advisory Board
Place 5 — Vacant Regular Member expiring 2011 (Sam Zacolli stepped down)
Place 7 — Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — 6; Galloway — 6
Recommended Motion: No recommendation as this is a discussion item only
Page 1 of 1
StaffReport
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: I -b.
Subject: Discuss Illicit Discharge Ordinance
Originated by: Kathy Turner, City Secretary
Summary: Bob Hart, City Manager will pursue discussion regarding illicit discharge
detection and correction requirements amongst Council. Two sample ordinances
are included for your review.
Recommended Motion:
Disposition by Council:
/ / � � / / �
MODEL STORM WATER ORDINANCE
4 *
I.
GENERAL PROVISIONS
4 **
C. Abbreviations
The following abbreviations when used in this Ordinance shall have the designated
meanings:
4 •
BMP -
Best Management Practices
•
BTEX -
Benzene, Toluene, Ethylbenzene, and Xylene
•
CFR -
Code of Federal Regulations
•
EPA -
U.S. Environmental Protection Agency
HHW -
Hazardous Household Waste
'•
mg /1 -
Milligrams per liter
40
MS4 -
Municipal Separate Storm Sewer System
to
NOI -
Notice of Intent
40
NOT -
Notice of Termination
AD
NPDES-
National Pollutant Discharge Elimination System
•
ppb -
Parts per billion
•
PST -
Petroleum Storage Tank
[•
RLA -
Registered Landscape Architect]
to
RPE -
Registered Professional Engineer
'•
RQ -
Reportable Quantity
is
SWPPP-
Storm Water Pollution Prevention Plan
+•
TPH -
Total Petroleum Hydrocarbons
'•
USC -
United States Code
D. - Definitions
Unless a .explicitly states otherwise, the following terms and phrases, as
used in this Ordinance, shall have the meanings hereinafter designated.
1. Agricultural storm water runoff Any storm water runoff from orchards,
cultivated crops, pastures, range lands, and other non -point source
agricultural activities, but not discharges from concentrated animal feeding
operations as defined in 40 CFR Section 122.23 or discharges from
concentrated aquatic animal production facilities as defined in 40 CFR
Section 122.24.
2. Best management practices (BMP) Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to
aus: 1 7779os. 1
1,201
prevent or reduce the pollution of waters of the United States. BMPs also
include treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
3. City The City of , Texas, or the City Council of
4. City Engineer The person appointed to the position of City Engineer by the
City Council of the City of or his /her duly authorized
representative.
5. Coal pile runoff. The rainfall runoff from or through any coal storage pile.
6. Commencement of construction The disturbance of soils associated with
clearing, grading, or excavating activities or other construction activities.
7. Commercial Pertaining to any business, trade, industry, or other activity
engaged in for profit.
8. Director of Public Works The person appointed to the position of Director
of Public Works by the City Council of the City of or his /her
duly authorized representative.
9. Discharge Any addition or introduction of any pollutant, storm water, or any
other substance whatsoever into the municipal separate storm sewer system
(MS4) or into waters of the United States.
10. Discharger Any person who causes,. allows, permits, or is otherwise
responsible for, a discharge, including, without limitation, any operator of a
construction site or industrial facility.
11. Domestic sewage Human excrement, gray water (from home clothes
washing, bathing, showers, dishwashing, and food preparation), other
wastewater from household drains, and waterborne waste normally
discharged from the sanitary conveniences of dwellings (including apartment
houses and hotels), office buildings, factories, and institutions, that is free
from industrial waste.
12. Environmental Protection Agency (EPA The United States Environmental
Protection Agency, the regional office thereof, any federal department,
agency, or commission that may succeed to the authority of the EPA, and any
duly authorized official of EPA or such successor agency.
13. Extremely hazardous substance Any substance listed in the Appendices to
40 CFR Part 355, Emergency Planning and Notification.
14. Facility. Any building, structure, installation, process, or activity from which
there is or may be a discharge of a pollutant.
15. Fertilizer A solid or non -solid substance or compound that contains an
essential plant nutrient element in a form available to plants and is used
primarily for its essential plant nutrient element content in promoting or
stimulating growth of a plant or improving the quality of a crop, or a mixture
of two or more fertilizers. The term does not include the excreta of an animal,
plant remains, or a mixture of those substances, for which no claim of
essential plant nutrients is made.
16. Final stabilization The status when all soil disturbing activities at a site have
been completed, and a uniform perennial vegetative cover with a density of
70% of the cover for unpaved areas and areas not covered by permanent
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1.201 2
structures has been established, or equivalent permanent stabilization
measures (such as the use of riprap, gabions, or geotextiles) have been
employed.
17. Fire Department The Fire Department of the City of or any duly
authorized representative thereof.
18. Fire protection water Any water, and any substances or materials contained
therein, used by any person other than the Fire Department to control or
extinguish a fire.
19. Garbage Put escible animal and vegetable waste materials from the handling,
preparation, cooking, or consumption of food, including waste materials from
markets, storage facilities, and the handling and sale of produce and other
food products.
20. Harmful quantity The amount of any substance that will cause pollution of
water in the State.
21. Hazardous household waste (HHW) Any material generated in a household
(including single and multiple residences, hotels and motels, bunk houses,
ranger stations, crew quarters, camp grounds, picnic grounds, and day use
recreational areas) by a consumer which, except for the exclusion provided
in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40
CFR Part 261.
22. Hazardous substance Any substance listed in Table 302.4 of 40 CFR Part
302.
23. Hazardous waste Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR Part 261.
24. Hazardous waste treatment, disposal, and recovery facility All contiguous
land, and structures, other appurtenances and improvements on the land, used
for the treatment, disposal, or recovery of hazardous waste.
25. Herbicide A substance or mixture of substances used to destroy a plant or to
inhibit plant growth.
26. Industrial waste Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade, or
business.
27. Motor vehicle fluids Any vehicle crankcase oil, antifreeze, transmission
fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline /alcohol
blend, and any other fluid used in a motor vehicle.
28. Municipal landfill (or landfill) An area of land or an .excavation in which
municipal solid waste is placed for permanent disposal, and which is not a
land treatment facility, a surface impoundment, an injection well, or a pile (as
these terms are defined in regulations promulgated by the Texas Natural
Resource Conservation Commission),
29. Municipal separate storm sewer system (MS4) The system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man -made channels, or storm drains) owned and operated by
the City and designed or used for collecting or conveying stonn water, and
which is not used for collecting or conveying sewage.
aus:1777908.1
1.2.01
30. Municipal solid waste Solid waste resulting from or incidental to municipal,
community, commercial, institutional, or recreational activities, and includes
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, and other solid waste other than industrial waste.
31. NPDES General Permit for Storm Water Discharges Associated with
4ndustrial Activity (or Industrial General Permit) The Industrial General
Permit issued by EPA on August 27, 1992, and published in Volume 57 of
the Federal Register at page 41304 on September 9, 1992, and any subsequent
modifications or amendments thereto.
32. NPDES General Permit for Storm Water Discharges from Construction Sites
(or Construction General Permit') The Construction General Permit issued
by EPA on August 27, 1992, and published in Volume 57 of the Federal
Register at page 41217 on September 9, 1992, and any subsequent
modifications or amendments thereto.
33. NPDES permit A permit issued by EPA (or by the State under authority
delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on
an individual, group, or general area -wide basis.
34. Non -point source Any source of any discharge of a pollutant that is not a
point source."
35. Notice of Intent (NOI) The Notice of Intent that is required by either the
industrial General Permit or the Construction General Permit.
36. Notice of Termination (NOT) The Notice of Termination that is required by
either the industrial General Permit or the Construction General Permit.
37. Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel
oil, crude oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure, sludge, oil refuse, and oil mixed with waste.
38. Operator The person or persons who, either individually or taken together,
meet the following two criteria: (1) they have operational control over the
facility specifications (including the ability to make modifications in
specifications); and (2) they have the day -to -day operational control over
those activities at the facility necessary to ensure compliance with pollution
prevention requirements and any permit conditions.
39. Owner The person who owns a facility or part of a facility.
40. Person Any individual, partnership, co- partnership, firm, company,
corporation, association, joint stock company, trust, governmental
entity, or any other legal entity; or their legal representatives, agents, or
assigns. This definition includes all federal, state, and local governmental
entities.
41. Pesticide A substance or mixture of substances intended to prevent, destroy,
repel, or mitigate any pest, or any substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant (as these terms
are defined in Section 76.001 of the Texas Agriculture Code).
42. Petroleum product A petroleum product that is obtained from distilling and
processing crude oil and that is capable of being used as a fuel for the
propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol;,
AUS:1777908.1
1.201 4
other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and
# 1 and #2 diesel. [The term does not include naphtha -type jet fuel, kerosene-
type jet fuel, or a petroleum product destined for use in chemical
manufacturing or feedstock of that manufacturing.]
43. Petroleum storage tank (PST) Any one or combination of aboveground or
underground storage tanks that contain petroleum products and any
connecting underground pipes.
44. Point source Any discernable, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation,
landfill leachate collection system, vessel or other floating craft from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural storm water runoff.
45. Pollutant Dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical waste, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into water. The term
"pollutant" does not include tail water or runoff water from irrigation or
rainwater runoff from cultivated or uncultivated range land, pasture land, and
farm land.
46. Pollution The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the State that renders the
water harmful, detrimental, or injurious to humans, animal life, vegetation,
or property, or to the public health, safety, or welfare, or impairs the
usefulness or the public enjoyment of the water for any lawful or reasonable
purpose.
47. Qualified personnel Persons who possess the appropriate competence, skills,
and ability (as demonstrated by sufficient education, training, experience,
and/or, when applicable, any required certification or licensing) to perform
a specific activity in a timely and complete manner consistent with the
applicable regulatory requirements and generally - accepted industry standards
for such activity.
[48. Registered landscape architect (RLA) A person who has been duly licensed
and registered to practice landscape architecture by the Texas Board of
Architectural Examiners.]
49. Registered professional engineer- (RPE) A person who has been duly licensed
and registered by the State Board of Registration for Professional Engineers
to engage in the practice of engineering in the State of Texas.
50. Release Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the
municipal separate storm sewer system (MS4) or the waters of the United
States.
51. Reportable quantity (RQ) For any "hazardous substance," the quantity
established and listed in Table 302.4 of 40 CFR Part 302; for any "extremely
hazardous substance," the quantity established in 40 CFR Part 355 and listed
in Appendix A thereto.
AUS:1777905. I
1.201
52. Rubbish Nonputrescible solid waste, excluding ashes, that consist of (A)
combustible waste materials, including paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
(B) noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not burn at
ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
53. Sanitary sewer (or sewer) The system of pipes, conduits, and other
conveyances which carry industrial waste and domestic sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, to the City sewage
treatment plant (and to which storm water, surface water, and groundwater
are not intentionally admitted).
54. Septic tank waste Any domestic sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
55. Service station Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage tanks.
56. Sewage (or sanitary sewage) The domestic sewage and /or industrial waste
that is discharged into the City sanitary sewer system and passes through the
sanitary sewer system to the City sewage treatment plant for treatment.
57. Site. The land or water area where any facility or activity is physically located
or conducted, including adjacent land used in connection with the facility or
activity.
58. Solid waste Any garbage, rubbish, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility, and other
discarded material, including, solid, liquid, semi- solid, or contained gaseous
material resulting from industrial, municipal, commercial, mining, and
agricultural operations, and from community and institutional activities.
59. State The State of Texas.
60. Storm water Storm water runoff, snow melt runoff, and surface runoff and
drainage.
61. Storm water discharge associated with industrial activity The discharge from
any conveyance which is used for collecting and conveying storm water and
which is directly related to manufacturing, processing, or raw materials
storage areas at an industrial plant which is within one of the categories of
facilities listed in 40 CFR § 122.26(b)(14), and which is not excluded from
EPA's definition of the same term.
62. Storm water pollution prevention plan (SWPPP) A plan required by either
the Construction General Permit or the Industrial General Pen and which
describes and ensures the implementation of practices that are to be used to
reduce the pollutants in storm water discharges associated with construction
or other industrial activity at the facility.
63. Uncontaminated Not containing a harmful quantity of any substance.
64. Used oil (or used motor oil) Any oil that has been refined from crude oil or
a synthetic oil that, as a result of use, storage, or handling, has become
unsuitable for its original purpose because of impurities or the loss of original
AUS:1777905. I
1.201 6
properties but that may be suitable for further use and is recyclable in
compliance with State and federal law.
65. Water in the State (or water) Any groundwater, percolating or otherwise,
lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial
limits of the State, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, navigable or non - navigable, and including the
beds and banks of all water courses and bodies of surface water, that are
wholly or partially inside or bordering the State or inside the jurisdiction of
the State.
66. Water quality standard The designation of a body or segment of surface water
in the State for desirable uses and the narrative and numerical criteria deemed
by the State to be necessary to protect those uses, as specified in Chapter 307
of Title 31 of the Texas Administrative Code.
67. Waters of the United States All waters which are currently used, were used
in the past, or may be susceptible to use in interstate or foreign commerce,
including all waters which are subject to the ebb and flow of the tide; all
interstate waters, including interstate wetlands; all other waters the use,
degradation, or destruction of which would affect or could affect interstate or
foreign commerce; all impoundments of waters otherwise defined as waters
of the United States under this definition; all tributaries of waters identified
in this definition; all wetlands adjacent to waters identified in this defmition;
and any waters within the federal definition of "waters of the United States"
at 40 CFR § 122.2; but not including any waste treatment systems, treatment
ponds, or lagoons designed to meet the requirements of the federal Clean
Water Act.
68. Wetland An area that is inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
69. Yard waste Leaves, grass clippings, yard and garden debris, and brush that
results from landscaping maintenance and land - clearing operations.
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II, GENERAL PROHIBITION
A. No person shall introduce or cause to be introduced into the municipal separate storm
sewer system (MS4) any discharge that is not composed entirely of storm water.
B. It is ki affirmative defense to any enforcement action for violation of Subsection A
of this section that the discharge was composed entirely of one or more of the
following categories of discharges:
1, A discharge authorized by, and in full compliance with, an NPDES permit
(other than the NPDES permit for discharges from the MS4);
2. A discharge or flow resulting fi•om fire fighting by the Fire Department;
3, A discharge or flow of fire protection water that does not contain oil or
hazardous substances or materials [that the Fire Code in this Code of
Ordinances requires to be contained and treated prior to discharge, in which
case treatment adequate to remove harmful quantities of pollutants must have
occurred prior to discharge];
4. Agricultural storm water runoff;
5. A discharge or flow from water line flushing, but not including a discharge
from water line disinfection by superchlorination or other means unless [the
total residual chlorine (TRC) has been reduced to less than mg/1 and]
It contains no harmful quantity of [chlorine or] any [other] chemical used in
line disinfection;
6. A discharge or flow from lawn watering, [or] landscape irrigation [, or other
irrigation water];
7. A discharge or flow from a diverted stream flow or natural spring;
8. A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
9. Uncontaminated groundwater infiltration (as defined as 40 C.F.R. §
35.2005(20)) to the MS4;
10. Uncontaminated discharge or flow from a foundation drain, crawl space
pump, footing drain [, or sump pump];
11. A discharge or flow from a potable water source not containing any harmful
substance or material from the cleaning or draining of a storage tank or other
container;
nus:1777908.1
1.201 8
12. A discharge or flow from air conditioning condensation that is unmixed with
water from a cooling tower, emissions scrubber, emissions filter, or any other
source of pollutant;
13. A discharge or flow from individual residential car washing;
14. A discharge or flow from a riparian habitat or wetland;
15. A discharge or flow from water used in street washing that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or any other harmful cleaning substance;
[16. Storm water runoff from a roof that is not contaminated by any runoff or
discharge from an emissions scrubber or filter or any other source of
pollutant;]
17. Swimming pool water [that has been dechlorinated so that total residual
chlorine (TRC) is less than mg/l and] that contains no harmful quantity
of [chlorine,] muriatic acid or other chemical used in the treatment or
disinfection of the swimming pool water or in pool cleaning.
C. No affirmative defense shall be available under Subsection B of this section if the
discharge or flow in question has been determined by the [City Engineer] to be a
source of a pollutant or pollutants to the waters of the United States [or to the MS4],
written notice of such determination has been provided to the discharger, and the
discharge has occurred more than 15[ ?] days beyond such notice. The correctness
of the [City Engineer's] determination that a discharge is a source of a pollutant or
pollutants may be reviewed in any administrative or judicial enforcement proceeding.
III. SPECIFIC PROHIBITIONS AND REQUIREMENTS
A. The specific prohibitions and requirements in this section are not [necessarily]
inclusive of all the discharges prohibited by the general prohibition in Section II,
B. No person shall introduce or cause to be introduced into the MS4 any discharge that
causes or contributes to causing the City to violate a water quality standard, the City's
NPDES permit, or any state - issued discharge permit for discharges from its MS4.
C. No person shall durnp, spill, leak, pump, pour, emit, empty, discharge, leach, dispose,
or otherwise introduce or cause, allow, or permit to be introduced any of the
following substances into the MS4;
1. Any used motor oil, antifreeze, or any other motor vehicle fluid;
2. Any industrial waste;
Aus:1777905.1
1.201 9
3. Any hazardous waste, including hazardous household waste;
4. Any domestic sewage or septic tank waste, grease trap waste, or grit trap
waste;
5. Any garbage, rubbish, or yard waste;
6. Any wastewater from a commercial carwash facility; from any vehicle
washing, cleaning, or maintenance at any new or used automobile or other
vehicle dealership, rental agency, body shop, repair shop, or maintenance
facility; or from any washing, cleaning, or maintenance of any business or
commercial or public service vehicle, including a truck, bus, or heavy
equipment, by a business or public entity that operates more than 2[ ?] such
vehicles;
7. Any wastewater from the washing, cleaning, de- icing, or other maintenance
of aircraft;
8. Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior that contains any soap,
detergent, degreaser, solvent, or any other harmful cleaning substance;
9. Any wastewater from [commercial ?] floor, rug, or carpet cleaning;
10. Any wastewater from the washdown or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or any
wastewater from the washdown or other cleaning of any pavement where any
spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous
substance has occurred, unless all harmful quantities of such released
material have been previously removed;
11. Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler;
12.- Any ready -mixed concrete, mortar, ceramic, or asphalt base material or
hydromulch material, or material from the cleaning of [commercial ?] vehicles
or equipment containing, or used in transporting or applying, such material;
13. Any runoff or washdown water from any animal pen, kennel, or foul or
livestock containment area [containing more than animals];
14. Any filter backwash from a swimming pool, [or] fountain [, or spa];
15. Any swimming pool water containing [total residual chlorine (TRC) of
mg/1 or more or containing] any harmful quantity of [chlorine,] muriatic acid
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1.201 10
or other chemical used in the treatment or disinfection of the swimming pool
water or in pool cleaning;
16. Any discharge from water line disinfection by superchlorination or other
means if [the total residual chlorine (TRC) is at mg /l or more or if] it
contains any harmful quantity of [chlorine or] any other chemical used in line
disinfection;
17. Any fire protection water containing oil or hazardous substances or materials
[that the Fire Code in this Code of Ordinances requires to be contained and
treated prior to discharge, unless treatment adequate to remove pollutants
occurs prior to discharge. (This prohibition does not apply to discharges or
flow from fire fighting by the Fire Department.)];
18. Any water fiom a water curtain in a spray room used for painting vehicles or
equipment;
19. Any contaminated runoff from a vehicle salvage yard;
20. Any substance or material that will damage, block, or clog the MS4;
21. Any release from a petroleum storage tank (PST), or any leachate or runoff
from soil contaminated by a leaking PST, or any discharge of pumped,
confined, or treated wastewater from the remediation of any such PST
release, unless the discharge satisfies all of the following criteria:
(a) Compliance with all state and federal standards and requirements;
(b) No discharge containing a harmful quantity of any pollutant; [and]
(c) No discharge containing more than 50 parts per billion of benzene;
500 parts per billion combined total quantities of benzene, toluene,
ethylbenzene, and xylene (BTEX); or 15 mg /1 of total petroleum
hydrocarbons (TPH).
D. No person shall introduce or cause to be introduced -into the MS4 any harmful
quantity of sediment, silt, earth, soil, or other material associated with clearing,
grading, excavation or other construction activities [, or associated with landfilling
or other placement or disposal of soil, rock, or other earth materials,] in excess of
what could be retained on site or captured by employing sediment and erosion control
measures to the maximum extent practicable [under prevailing circumstances].
E. No person shall connect a line conveying sanitary sewage, domestic or industrial, to
the MS4, or allow such a connection to continue.
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F. No person shall cause or allow any pavement washwater from a service station to be
discharged into the MS4 unless such washwater has passed through a properly
functioning and maintained, grease, oil, and sand interceptor before discharge into
the MS4.
G. Used Oil Regulation
1. No person shall:
(a) Discharge used oil into the MS4 or a sewer, drainage system, septic
tank, surface water, groundwater, or water course;
(b) Knowingly mix or commingle used oil with solid waste that is to be
disposed of in a landfill or knowingly directly dispose of used oil on
land or in a landfill;
(c) Apply used oil to a road or land for dust suppression, weed abatement,
or other similar use that introduces used oil into the environment.
H. [A particular city may want to include, or retain from existing ordinances, certain
"nuisance" provisions requiring removal of trash and debris from property,
prohibiting stagnant water from being allowed to stand on property, and prohibiting
storage of toxic or hazardous substances on property so as to allow exposure to
precipitation and storm water runoff, etc.]
I. [A particular city may want to include any provisions deemed necessary to protect
special local features critical to control of storm water runoff -- for example,
wetlands, swales, or ponds.]
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1.201 12
IV. COMPLIANCE MONITORING
A. Right of Entry: Inspection and Sampling
The [City Engineer] shall have the right to enter the premises of any person
discharging storm water to the municipal separate storm sewer system (MS4 or to
waters of the United States to determine if the discharger is complying with all
requirements of this Ordinance[, and with any state or federal discharge permit,
limitation, or requirement]. Dischargers shall allow the [City Engineer] ready access
to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and for the performance of any additional duties.
Dischargers shall make available to the [City Engineer], upon request, any SWPPPs,
modifications thereto, self - inspection reports, monitoring records, compliance
evaluations, Notices of intent, and any other records, reports, and other documents
related to compliance with this Ordinance and with any state or federal discharge
permit.
Where a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall
make .necessary arrangements with its security guards so that, upon
presentation of suitable identification, the [City Engineer] will be permitted
to enter without delay for the purposes of performing his/her responsibilities.
2. The [City Engineer] shall have the right to set up on the discharger's property,
or require installation of, such devices as are necessary to conduct sampling
and/or metering of the discharger's operations.
The [City Engineer] may require any discharger to the MS4 or waters of the
United States to conduct specified sampling, testing, analysis, and other
monitoring of its storm water discharges, and may specify the frequency and
parameters of any such required monitoring.
4. The [City Engineer] may require the discharger to install monitoring
equipment as necessary [at the discharger's expense]. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense. All devices
used to measure storm water flow and quality shall be calibrated to ensure
their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the discharger
at the written or verbal request of the [City Engineer] and shall not be
replaced. The costs of clearing such access shall be borne by the discharger.
6. Unreasonable delays in allowing the [City Engineer] access to the
discharger's premises shall be a violation of this Ordinance.
nus:1777908.1
1.201 13
B. Search Warrants
If the [City Engineer] has been refused access to any part of the premises from which .
storm water is discharged, and he /she is able to demonstrate probable cause to
believe that there may be a violation of this Ordinance [or any state or federal
discharge permit, limitation, or requirement], or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the City designed to
verify compliance with this Ordinance or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then the [City
Engineer] may seek issuance of a search warrant from any court of competent
jurisdiction.
V. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Warning Notice
When the [City Engineer] finds that any person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, the [City Engineer]
may serve upon that person a written Warning Notice, specifying the particular
violation believed to have occurred and requesting the discharger to immediately
investigate the matter and to seek a resolution whereby any offending discharge will
cease. Investigation and /or resolution of the matter in response to the Warning
Notice in no way relieves the alleged violator of liability for any violations occurring
before or after receipt of the Warning Notice. Nothing in this subsection shall limit
the authority of the [City Engineer] to take any action, including emergency action
or any other enforcement action, without first issuing a Warning Notice.
B. Notification of Violation
When the [City Engineer] finds that any person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, the [City Engineer]
may serve upon that person a written Notice of Violation. Within ten (10) days of the
receipt of this notice, an explanation of the violation and a plan for the satisfactory
correction and prevention of reoccurrence thereof, to include specific required
actions, shall be _submitted by the alleged violator to the [City Engineer]. If the
alleged violator denies that any violation occurred and /or contends that no corrective
action is necessary, an explanation of the basis of any such denial or contention shall
be submitted to the [City Engineer] within ten (10) days of receipt of the notice.
Submission of an explanation and /or plan in no way relieves the alleged violator of
liability for any violations occurring before or after receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the [City Engineer] to take any
action, including emergency action or any other enforcement action, without first
issuing a Notice of Violation.
C. Consent Orders
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1.201 14
The [City Engineer] may enter into Consent Orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with any person
responsible for noncompliance with any provision in this Ordinance or any order
issued hereunder. Such documents may include specific action to be taken by the
personto correct the noncompliance within a time period specified by the document.
Such documents shall have the same force and effect as the administrative orders
issued pursuant to Subsections V.E. and V.F. and V. G. of this Ordinance and shall
be judicially enforceable.
D. Show Cause Hearing
The [City Engineer] may order any person who has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, to appear before the
[City Engineer] and show cause why a proposed enforcement action should not be
taken. Notice shall be served on the alleged violator specifying the time and place for
the hearing, the proposed enforcement action, the reasons for such action, and a
request that the alleged violator show cause why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized representative of the alleged
violator. The hearing shall be conducted pursuant to the rights and procedures
specified in paragraph VI.A.7 of this Ordinance. A show cause hearing shall not be
a bar against, or prerequisite for, taking any other action against the alleged violator.
E. Compliance Orders
When the [City Engineer] finds that any person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, the [City Engineer]
may issue an order to the violator directing that the violator come into compliance
within a specified time limit. Compliance orders also may contain other requirements
to address the noncompliance, including additional self - monitoring, and management
practices designed to minimize the amount of pollutants discharged to the MS4 and
waters of the United States. A compliance order may not extend the deadline for
compliance established by a state or federal standard or requirement, nor does a
compliance order relieve the person of liability for any violation, _including any
continuing violation. Issuance of a compliance order shall not be a bar against, or a
prerequisite for, taking any other action against the violator,
aus:1777908.1
1.201 15
F. Remediation. Abatement, and Restoration Orders
When the [City Engineer] finds that a person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, and that such
violation has adversely affected the MS4, the waters of the United States or any other
aspect ,of the environment, the [City Engineer] may issue an order to the violator
directing him/her to undertake and implement any appropriate action to remediate
and/or abate any adverse effects of the violation upon the MS4, the waters of the
United States, or any other aspect of the environment, and /or to restore any part of
the MS4, the waters of the United States, or any other aspect of the environment that
has been harmed. Such remedial, abatement, and restoration action may include, but
not be limited to: monitoring, assessment, and evaluation of the adverse effects and
determination of the appropriate remedial, abatement, and /or restoration action;
confinement, removal, cleanup, treatment, and disposal of any discharged or released
pollution or contamination; prevention, miniinization, and /or mitigation of any
damage to the public health, welfare, or the environment that may result from the
violation; restoration or replacement of City property or natural -resources damaged
by the violation. The order may direct that the remediation, abatement, and /or
restoration be accomplished on a specified compliance schedule and /or be completed
within a specified period of time. An order issued under this Subsection does not
relieve the violator of liability for any violation, including any continuing violation.
Issuance of an order under this Subsection shall not be a bar against, or a prerequisite
for, taking any other action against any responsible party.
G. Emergency Cease and Desist Orders
When the [City Engineer] finds that any person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, or that the person's
past violations are likely to recur, and that the person's violation(s) have caused or
contributed to an actual or threatened discharge to the MS4 or waters of the United
States which reasonably appears to present an immin or substantial endangerment
to the health or welfare of persons or to the environment, the [City Engineer] may
issue an order to the violator directing it immediately to cease and desist all such
violations and directing the violator to:
Immediately. comply with all Ordinance requirements; and
2. Take such appropriate preventive action as maybe needed to properly address
a continuing or threatened violation, including immediately halting operations
and /or terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of
a discharger's failure to immediately comply voluntarily with the emergency order,
the [City Engineer] may take such steps as deemed necessary to prevent or minimiz
harm to the MS4 or waters of the United States, and /or endangerment to persons or
AUS:1777908.1
1.201 16
to the environment [, including immediate termination of a facility's water supply,
sewer connection, or other municipal utility services]. The [City Engineer] may allow
the person to recommence its discharge when it has demonstrated to the satisfaction
of the [City Engineer] that the period of endangerment has passed, unless further
termination proceedings are initiated against the discharger under this Ordinance. A
person:.that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful discharge and the measures taken to prevent any future occurrence, to the
[City Engineer] within days of receipt of the emergency order. Issuance of an
emergency cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the violator.
H. " Red Tags
Whenever the [City Engineer] finds that any operator of a construction site has
violated, or continues to violate, any provision of Section V of this Ordinance, or any
order issued thereunder, the [City Engineer] may order that a "Red Tag" be issued to
the operator, posted at the construction site, and distributed to all City departments
and divisions whose decisions affect any activity at the site. Unless express written
exception is made by the [City Engineer], the "Red Tag" shall prohibit any further
construction activity at the site and shall bar any further inspection or approval by the
City associated with a building permit, grading permit, [subdivision plat approval,]
site development plan approval, or any other City approval necessary to commence
or continue construction or to assume occupancy at the site. Issuance of a "Red Tag"
order shall not be a bar against, or a prerequisite for, taking any other action against
the violator.
VI. RIGHT TO RECONSIDERATION, HEARING, AND APPEAL
A. Reconsideration and Hearing
1. Any person subject to a Compliance Order under Subsection V.E, a
Remediation, Abatement, or Restoration Order under Subsection V.F, an
Emergency Cease and Desist Order under Subsection V.G, or a Red Tag
Order under Subsection V.H of this Ordinance may petition the [City
Engineer] to reconsider the basis for his /her order within U
days of the affected person's notice of issuance of such an order.
2. Failure to submit a timely written petition for reconsideration shall be deemed
to be a waiver of any further right to administrative reconsideration or review
of the order.
In its petition, the petitioning party must indicate the provisions of the order
objected to, the reasons for the objection(s), any facts that are contested, the
evidence that supports the petitioner's view of the facts, any alternative terms
AUS:1777908.1
1.201 17
of an order that the petitioner would accept, and whether the petitioning party
requests a hearing on its petition.
4. The effect of any Compliance Order under Subsection V.E, Remediation,
Abatement, or Restoration Order under Subsection V.F, and any Red Tag
Order under Subsection V.H shall be stayed pending the [City Engineer's]
reconsideration of the petition, and any hearing thereon, unless the [City
Engineer] expressly makes a written determination to the contrary. The
effectiveness of any Emergency Cease and Desist Order under Subsection
V.G shall not be stayed pending the [City Engineer's] reconsideration, or any
hearing thereon, unless the City Engineer expressly and in writing stays
his/her emergency order.
5. Within (__) days of the submittal of a petition for
reconsideration, the [City Engineer] shall either (1) grant the petition and
withdraw or modify the order accordingly; (2) deny the petition, without
hearing if no material issue of fact is raised; or (3) if a hearing has been
requested and a material issue of fact has been raised, set a hearing on the
petition.
6. Written notice of any hearing set by the [City Engineer] pursuant to paragraph
VI.A.5 above shall be served on the petitioning parry personally or by
registered or certified mail (return receipt requested) at least ten (10) days
prior to the hearing. Such notice may be served on any authorized
representative of the petitioning parry.
7. The [City Engineer] may himself/herself conduct the hearing and take
evidence, or he /she may designate any employee of the City or any specially -
designated attorney or engineer to;
(a) issue in the name of the City notices of hearing requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in the hearing;
(b) take evidence;
(c) transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the [City
Engineer] for action thereon.
At any hearing held pursuant to this Subsection, testimony taken shall be
under oath and recorded. Any party is entitled to present his/her case or
defense by oral or documentary evidence and to conduct such cross -
examination as may be required for a full and true disclosure of the facts. A
transcript will be made available to any party to the hearing upon payment of
the usual charges thereof.
aysa777908.1
1,201 18
After the [City Engineer] has reviewed the evidence, he /she shall either (1)
grant the petition; (2) deny the petition; or (3) grant the petition in part and
deny it in part. The [City .Engineer] may modify his /her order as is
appropriate based upon the evidence and arguments presented at the hearing
„and his/her action on the petition. Further orders and directives as are
necessary and appropriate may be issued.
B. Appeal
1. Any person whose petition for reconsideration by the [City Engineer] has not
been granted in its entirety and who remains adversely affected by the [City
Engineer's] order, or who is subject to an order of the [City Engineer] issued
following a Show Cause Hearing under Subsection V.D, may appeal the
action of the [City Engineer] to the City Council by filing a written appeal
with the City Council within U days of the person's notice of
the [City Engineer's] adverse action on the petition for reconsideration, or
within (__) days of the person's notice of the issuance of the
order following the Show Cause Hearing, as the case may be.
2. Failure to submit a timely written appeal to the City Council shall be deemed
to be a waiver of further administrative review.
3. In its written appeal to the City Council, the appealing party shall indicate the
particular provisions of the order objected to, the particular determinations
of the [City Engineer] that are contested, the reasons that the [City
Engineer's] order and/or determinations are contested, and any alternative
order that the appealing party would accept.
4. The effect of the [City Engineer's] order, as issued or modified, shall not be
stayed pending the appeal to the City Council, unless the City Council
expressly so states.
5. Within (__) days of the submittal of a written appeal to the City
Council, the City Council shall hear and consider the appeal in open meeting.
The appellant shall be notified at least U days in advance of
the date and time of the City Council meeting at which the appeal will be
heard and considered.
6. The appellant shall have the right to public appearance before the City
Council to present oral and written statements in support of his/her appeal.
[If the City Council wishes to consider testimony of witnesses or other
evidence beyond that in the record of any hearing before the [City Engineer]
the City Council may remand the matter to the [City Engineer] for the taking
of additional testimony or other evidence.]
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1.201 19
7. Upon consideration of any written and oral statements made to the City
Council, as well as the record made before the [City Engineer], the City
Council shall act on the appeal by affirming, vacating, or modifying the order
of the [City Engineer], and /or by remanding the matter to the [City Engineer]
for further action.
8. Following final action by the City Council on the appeal, any adversely
affected party may challenge such action by the City Council in an
appropriate court of competent jurisdiction.
VII. JUDICIAL ENFORCEMENT REMEDIES
A. Civil Remedies
1. Whenever it appears that a person has violated, or continues to violate, any
provision of this Ordinance that relates to:
(a) the preservation of public safety, relating to the materials or methods
used in construction of any structure or improvement of real property;
(b) the preservation of public health or to the fire safety of a building or
other structure or improvement;
(c) the establishment of criteria for land subdivision or construction of
buildings, including street design;
(d) dangerously damaged or deteriorated structures or improvements;
(e) conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents;
or
(f) point source effluent limitations or the discharge of a pollutant, other
than from a non -point source, into the MS4.
-- The City may invoke Sections 54.011 - 54.017 of the Texas Local Government
Code and petition the State district court or the county court at law of
County, through the City Attorney, for either the injunctive relief specified in
4 paragraph VII.A.2 or the civil penalties specified in paragraph VII.A.3 below, or both
the specified injunctive relief and civil penalties.
2. Pursuant to Section 54.016 of the Texas Local Government Code, the City
may obtain against the owner or the operator of a facility a temporary or
permanent injunction, as appropriate, that:
(a) prohibits any conduct that violates any provision of this Ordinance
that relates to any matter specified in subparagraphs VII.A. 1. (a)-(f)
above; or
nus:1777908.1
1.201 20
(b) compels the specific performance of any action that is necessary for
compliance with any provision of this Ordinance that relates to any
matter specified in subparagraphs VII.A. 1. (a)-(f) above.
Pursuant to Section 54.017 of the Texas Local Government Code, the City
may recover a civil penalty of not more than $1,000 per day for each violation
of any provision of this Ordinance that relates to any matter specified in
subparagraph VII.A.L(a) -(e) above, and a civil penalty of not more than
$5,000 per day for each violation of any provision of this Ordinance that
relates to any matter specified in subparagraph VII.A.1.(f) above, if the City
proves that:
(a) the defendant was actually notified of the provisions of the Ordinance;
and
(b) after the defendant received notice of the Ordinance provisions, the
defendant committed acts in violation of the Ordinance or failed to
take action necessary for compliance with the Ordinance.
B. Criminal Penalties
1. Any person who has violated any provision of this Ordinance, or any order
issued hereunder, shall be strictly liable for such violation [regardless of the
presence or absence of a culpable mental state] and shall, upon conviction,
be subject to a fine of not more than $2000 per violation, per day [, or any
greater fine authorized by State statute].
2. Any person who has Imowingly made any false statement, representation, or
certification in any application, record, report, plan, or other documentation
filed, or required to be maintained, pursuant to this Ordinance, or any order
issued hereunder, or who has falsified, tampered with, or knowingly rendered
inaccurate any monitoring device or method required under this Ordinance
shall, upon conviction, be subject to a fine of not more than $2000 per
violation, per day [, or any greater fine authorized by State statute].
3. In determining the amount of any fine imposed hereunder, the court shall take
into account all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the violation, corrective
actions by the violator, the compliance history of the violator, the knowledge,
intent, negligence, or other state of mind of the violator, and any other factor
as justice requires.
C. Civil Suit Under the Texas Water Code
AUS:1777905.1
1.201 21
Whenever it appears that a violation or threat of violation of any provision of Section
26.121 of the Texas Water Code, or any rule, permit, or order of the Texas Natural
Resource Conservation Commission, has occurred or is occurring within the
jurisdiction of the City of , exclusive of its extraterritorial jurisdiction, the
City, in the same manner as the Texas Natural Resource Conservation Commission,
may hove a suit instituted in a state district court through its City Attorney for the
injunctive relief or civil penalties or both authorized in Subsection (a) of Section
26.123 of the Texas Water Code, against the person who committed or is committing
or threatening to commit the violation. This power is exercised pursuant to Section
26.124 of the Texas Water Code. In any suit brought by the City under this
Subsection VILC, the Texas Natural Resource Conservation Commission is a
necessary and indispensable party.
D. Remedies Nonexclusive
The remedies provided for in this Ordinance are not exclusive of any other remedies
that the City may have under state or federal law or other City ordinances. The City
may take any, all, or any combination of these actions against a violator. The City is
empowered to take more than one enforcement action against any violator. These
actions may be taken concurrently.
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/ / � � / �
'MODEL ILLICIT;DISCHIARGE AND CONNECTION ORDINANCE
I licit Discharge Detection and Elimination; Technical Appendices B -?
Appendix B: Model Illicit Discharge and Connection Ordinance
Introduction to the Model Illicit Discharge
and Connection Ordinance
The model ordinance provided in this
Appendix is intended to be a tool for
communities who are responsible for
meeting the illicit discharge detection and
correction requirements of the National
Pollutant Discharge Elimination System
(NPDES) regulations. This model ordinance
is provided to assist communities in creating
their own illicit discharge ordinances. In
designing this model, an attempt was made
to avoid creating too complex an ordinance,
and instead to provide standard language
and concepts that a good illicit discharge
ordinance might contain. The language was
borrowed from a number of ordinances.
a good base that communities can build
upon and customize to be consistent with the
staff resources available in their locality. It
is recommended that this document be used
in conjunction with other sources, such as
existing ordinances created by other IDDE
programs in the same geographic region and
with similar objectives. In addition, several
state agencies, councils of governments, and
other regional groups have developed model
ordinances. Two very comprehensive yet
different examples of ordinances are:
Model Storm Water Ordinance
Source: North Central Texas Council of
Governments
( www.dfwstormwater.com /illicits)
Feel free to use and alter any and all
portions of this document to meet the needs
of the local community. Throughout the
ordinance, there are sections in which the
name of the agency to which regulatory
power over illicit discharges has been given
should be filled in to customize it. These
sections are denoted by text placed in
brackets — [authorized enforcement agency].
Italicized text with this symbol should be
interpreted as comments, instructions, or
information to assist local governments in
tailoring the ordinance. This text would not
. ,appear in a final adopted ordinance.
This ordinance should not be construed as
an exhaustive listing of all the language
needed for a local ordinance, but represents
Model Illicit Discharge.and Illegal
Connection Ordinance
Source: Metropolitan North Georgia
Water Planning District
(www.northgeorgiawater.com)
For those areas where septic systems are
commonly used for wastewater treatment,
language requiring inspection of these
systems should also be added. The
Washtenaw County (MI) Regulation for° the
Inspection of Residential On -site Water and
Sewage Disposal Systems at Time of
Property Transfer is an example of an
ordinance that specifies requirements for
inspection and maintenance of septic
systems.
Illicit Discharge Detection and Elimination: Technical Appendices B -3
Appendix B; Model Illicit Discharge and Connection Ordinance
MODEL ILLICIT DISCHARGE AND CONNECTION ORDINANCE
ORDINANCE NO.
SECTION 1. PURPOSE/INTENT.
The purpose of this ordinance is to provide for thhealth, safety, and general welfare of the
citizens of (jurisdiction] through the regulation of non -storm water discharges to the storm
drainage system to the m ximum extent practicable as required by federal and state law. This
ordinance establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this
ordinance are:
(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any
user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this ordinance.
SECTION 2. DEFINITIONS.
For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency Employees or designees of the director of the municipal
agency designated to enforce this ordinance.
Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to storm water, receiving waters, or -storm water - conveyance - systems.
BMPs also include treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one acre or more. Such activities include
but are not limited to clearing and grubbing, grading, excavating, and demolition.
Hazardous Materials Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
B -4 Illicit Discharge Detection and Elimination: Technical Appendices
Appendix B: Model Illicit Discharge and Connection Ordinance
Illegal Discharge Any direct or indirect non -storm water discharge to the storm drain system,
except as exempted in Section 8 of this ordinance.
Illicit Connections An illicit connection is defined as either of the following:
- Any drain or conveyance, whether on the surface or subsurface that allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances that
allow any non -storm water discharge including sewage, process wastewater, and wash water
to enter the storm drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been previously allowed,
permitted, or approved by an authorized enforcement agency or,
- Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Industrial Activity Activities subject to NPDES Industrial Storm Water Permits as defined in 40
CFR, Section 122.26 (b)(14).
Municipal Separate Storm Sewer System (MS4) The system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man -made channels, or storm drains) owned and operated by the [jurisdiction] and designed or
used for collecting or conveying storm water, and that is not used for collecting or conveying
sewage.
National Pollutant Discharge Elimination System ( NPDES) Storm Water Discharge Permit
means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC
§ 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area -wide basis.
Non -Storm Water Discharge Any discharge to the storm drain system that is not composed
entirely of storm water.
Person Any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
Pollutant Anything which causes or contributes to pollution. Pollutants may include, but are not
limited paints, varnishes, and solvents; oil and other automotive fluids; non = hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; f7oatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and noxious or offensive matter
of any kind.
Premises Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Drainage System Publicly -owned facilities by which storm water is collected and /or
conveyed, including but not limited to any .roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures.
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Appendix B: Model Illicit Discharge and Connection Ordinance
Storm Water Any surface flow, runoff, and drainage consisting entirely of water from any form
of natural precipitation, and resulting from such precipitation.
Storm Water Management Plan A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm
Water, Storm Water�'Conveyance Systems, and /or Receiving Waters to the M_ aximum Extent
Practicable,
Wastewater Any water or other liquid, other than uncontaminated storm water, discharged from
a facility.
SECTION 3. APPLICABILITY.
This ordinance shall apply to all water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by the [authorized enforcement
agency] .
SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.
The [authorized enforcement agency] shall administer, implement, and enforce the provisions
of this ordinance. Any powers granted or duties imposed upon the [authorized enforcement
agency] may be delegated in writing by the Director of the [authorized enforcement agency] to
persons or entities acting in the beneficial interest of or in the employ of the agency.
SECTION 5. COMPATIBILITY WITH OTHER REGULATIONS.
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other
provision of law. The requirements of this ordinance are in addition to the requirements of any
other ordinance, rule, regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation, or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for.-human health or the environment shall,control.
- SECTION 6. SEVERABILITY.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this ordinance.
SECTION 7. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this ordinance does not intend or imply that compliance by any person will
ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.
B -6 Illicit Discharge Detection and Elimination: Technical Appendices
Appendix B; Model Illicit Discharge and Connection Ordinance
SECTION 8. DISCHARGE PROHIBITIONS.
8.1. Prohibition of Illegal Discharges.
No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any
pollutants, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this
ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground
waters, uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water.
(2) Discharges or flow from firefighting, and other discharges specified in writing by the
[authorized enforcement agency] as being necessary to protect public health and safety.
(3) Discharges associated with dye testing, however this activity requires a verbal
notification to the [authorized enforcement agency] prior to the time of the test.
(4) The prohibition shall not apply to any non -storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the United States Environmental Protection Agency
(EPA), provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain system.
The local government may evaluate and remove any of tine above exemptions if it is
determined that they are causing an adverse impact.
8.2. Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the
storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
- applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
(4) Improper connections in violation of this ordinance must be disconnected and redirected,
if necessary, to an approved onsite wastewater management system or the sanitary sewer
system upon approval of the [authorized enforcement agency] .
(5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the storm sewer system, shall be located by the owner or
occupant of that property upon receipt of written notice of violation from the [authorized
Illicit Discharge Detection and Elimination: Technical Appendices B -7
Appendix B; Model Illicit Discharge and Connection Ordinance
enforcement agency] requiring that such locating be completed. Such notice will
specify a reasonable time period within which the location of the drain or conveyance is
to be determined, that the drain or conveyance be identified as storm sewer, sanitary
sewer or other, and that the outfall location or point of connection to the storm sewer
system, sanitary sewer system or other discharge point be identified. Results of these
investigations, are to be documented and provided to the [authorized enforcement
agency] .
SECTION 9. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, or such person's lessee, shall.
keep and maintain that part of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow
of water through the watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse, so that such structures will not
become a hazard to the use, function, or physical integrity of the watercourse.
SECTION 10. INDUSTRIAL OR- CONSTRUCTION ACTIVITY DISCHARGES.
10.1. Submission of NOI to [jurisdiction].
(1) Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the [authorized enforcement agency]
prior to the allowing of discharges to the MS4.
(2) The operator of a facility, including construction sites, required to have an NPDES permit
to discharge storm water associated with industrial activity shall submit a copy of the
Notice of Intent (NOI) to the [authorized enforcement agency] at the same time the
operator submits the original Notice of Intent to the EPA as applicable.
(3) The copy of the Notice of Intent may be delivered to the [authorized enforcement
agency] either in person or by mailing it to:
Notice of Intent to Discharge Storm Water
[authorized enforcement.agency]
[street address]
[city, state, zip code]
(4) A person commits an offense if the person operates a facility that is discharging storm
water associated with industrial activity without having submitted a copy of the Notice of
Intent to do so to the [authorized enforcement agency].
B -8 Illicit Discharge Detection and Elimination: Technical Appendices
Appendix 8: Model Illicit Discharge and Connection Ordinance
SECTION 11. COMPLIANCE MONITORING
11.1. Right of Entry: Inspection and Sampling.
The [authorized enforcement agency] shall be permitted to enter and inspect facilities subject
to regulation under this ordinance as often as may be necessary to determine compliance with
this ordinance.
(1) If a discharger has security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the [authorized .enforcement
agency].
(2) Facility operators shall allow the [authorized enforcement agency] ready access to all
parts of the premises for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES permit to discharge storm
water, and the performance of any additional duties as defined by state and federal law.
(3) The [authorized enforcement agency] shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the [authorized enforcement
agency] to conduct monitoring and /or sampling of the facility's storm water discharge.
(4) The [authorized .enforcement agency] has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and /or sampled shall be promptly removed by the operator at the written or oral
request of the [authorized enforcement agency] and shall not be replaced. The costs of
clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the [authorized enforcement .agency] access to a
permitted facility is a violation of a storm water discharge permit and of this ordinance. A
person who is the operator of a facility with an NPDES permit to discharge storm water
.associated with .industrial .activity .commits an offense if the .person .denies _the
[authorized enforcement agency] reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this ordinance.
11.2. Search Warrants.
If the [authorized enforcement agency] has been refused access to any part of the premises
from which storm water is discharged, and he /she is able to demonstrate probable cause to
believe that there may be a violation of this ordinance, or that there is a need to inspect and /or
sample as part of a routine inspection and sampling program designed to verify compliance with
this ordinance or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the [authorized enforcement agency] may seek issuance of a
search warrant from any court of competent jurisdiction.
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Appendix B; Model Illicit Discharge and Connection Ordinance
SECTION 12. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE
STORM WATER POLLUTANTS BY THE USE OF BEST
MANAGEMENT PRACTICES.
[Authorized enforcement agency] will adopt requirements identifying Best Management
Practices for any activity, operation, or facility which may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the United States. The owner
or operator of such activity, operation, or facility shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes into the municipal
storm drain system or watercourses through the use of these structural and non - structural BMPs.
Further, any person responsible for a property or premise that is, or may be, the source of an
illicit discharge, may be required to implement, at said person's expense, additional structural
and non - structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance
with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water
associated with industrial activity, to the extent practicable, shall be deemed compliance with the
provisions of this section. These BMPs shall be part of a storm water management plan
(SWMP) as necessary for compliance with requirements of the NPDES permit.
SECTION 13. NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm drain system, or waters of the
United States, said person shall take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non - hazardous materials, said person shall notify the
[authorized enforcement agency] in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed by written notice addressed
and mailed to the [authorized enforcement agency] within [ business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on -site written
record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least [_] years.
Failure to provide notification of a release as provided above is a violation of this ordinance.
SECTION 14. VIOLATIONS, ENFORCEMENT, AND PENALTIES.
14.1. Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this ordinance. Any person who has violated or continues to violate the
provisions of this ordinance, may be subject to the enforcement actions outlined in this section or
may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the
[authorized enforcement agency] is authorized to enter upon the subject private property,
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Appendix B: Model Illicit Discharge and Connection Ordinance
without giving prior notice, to take any and all measures necessary to abate the violation and /or
restore the property. The [authorized enforcement agency] is authorized to seek costs of the
abatement as outlined in Section 17.
14.2. Warning Notice.
When the [authorized enforcement agency] finds that any person has violated, or continues to
violate, any provision of this ordinance, or any order issued hereunder, the [authorized.
enforcement agency] may serve upon that person a written Warning Notice, specifying the
particular violation believed to have occurred and requesting the discharger to immediately
investigate the matter and to seek a resolution whereby any offending discharge will cease.
Investigation and /or resolution of the matter in response to the Warning Notice in no way
relieves the alleged violator of liability for any violations occurring before or after receipt of the
Warning Notice. Nothing in this subsection shall limit the authority of the [authorized
enforcement agent,,] to take any action, including emergency action or any other enforcement
action, without first issuing a Warning Notice.
14.3. Notice of Violation.
Whenever the [authorized enforcement agency] finds that a person has violated a prohibition
or failed to meet a requirement of this ordinance, the [authorized enforcement agency] may
order compliance by written notice of violation to the responsible person.
The Notice of Violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which
the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this
ordinance and a time schedule for the completion of such remedial action;
('S) A statement of the penalty or penalties that shall, or maybe assessed against the person to
whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the [authorized
enforcement agency] by filing a written notice of appeal within " days of service of
notice of violation; and
(7) A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or
a contractor and the expense thereof shall be charged to the violator.
Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the
Illicit Discharge Detection and Elimination: Technical Appendices B -11
Appendix B: Model Illicit Discharge and Connection Ordinance
restoration of any affected property
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
14.5. Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the
[authorized enforcement agency] may impose upon a violator alternative compensatory
actions, such as storm drain stenciling, attendance at compliance workshops, creels cleanup, etc.
14.6. Suspension Of MS4 Access.
14.6.1, Emergency Cease and Desist Orders
When the [authorized enforcement agency] finds that any person has violated, or continues to
violate, any provision of this ordinance, or any order issued hereunder, or that the person's past
violations are likely to recur, and that the person's violation(s) has (have) caused or contributed
to an actual or threatened discharge to the MS4 or waters of the United States which reasonably
appears to present an imminent or substantial endangerment to the health or welfare of persons
or to the environment, the [authorized enforcement agency] may issue an order to the violator
directing it immediately to cease and desist all such violations and directing the violator to:
(1) Immediately comply with all ordinance requirements; and
(2) Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and /or
terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall immediately
comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to
immediately comply voluntarily with the emergency order, the [authorized enforcement
agency] may take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and /or endangerment to persons or to the environment, including
immediate termination of a facility's water supply, sewer connection, or other municipal utility
services. The [authorized enforcement agency] may allow the person to recommence its
discharge when it has demonstrated to the satisfaction of the [authorized enforcement agency]
that the period of endangerment has passed, unless further termination proceedings are initiated
against the discharger under this ordinance. A person that is responsible, in whole or in part, for
any discharge presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken to prevent any future
occurrence, to the [authorized enforcement agency] within [_] days of receipt of the
emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the violator.
14.6.2. Suspension due to Illicit Discharges in Emergency Situations
The [authorized enforcement agency] may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to
B -12 Illicit Discharge Detection and Elimination: Technical Appendices
Appendix B: Model Illicit Discharge and Connection Ordinance
comply with a suspension order issued in an emergency, the [authorized enforcement agency]
may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
14.6.3. Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this ordinance may have their MS4 access
terminated if such termination would abate or reduce an illicit discharge. The [authorized
enforcement agency] will notify a violator of the proposed termination of its MS4 access. The
violator may petition the [authorized enforcement agency] for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the [authorized enforcement agency].
14.7. Civil Penalties.
In the event the alleged violator fails to take the remedial measures set forth in the notice of
violation or otherwise fails to cure the violations described therein within [_] days, or such
greater period as the [authorized enforcement agency] shall deem appropriate, after the
[authorized enforcement agency] has taken one or more of the actions described above, the
[authorized enforcement agency] may impose a penalty not to exceed $[] (depending on
the severity of the violation) for each day the violation remains unremedied after receipt of the
notice of violation.
14.8. , Criminal Prosecution.
Any person that has violated or continues to violate this ordinance shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $[_]
per violation per day and /or imprisonment for a period of time not to exceed [] days. Each act
of violation and each day upon which any violation shall occur shall constitute a separate
offense.
SECTION 15. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the [authorized
enforcement agency]. The notice of appeal must be received within [_] days from the date of
the Notice- of Violation. Hearing on the appeal before the appropriate authority or his /her
designee shall take place within [_] days from the date of receipt of the notice of appeal. The
- decision of the municipal authority or their designee shall be final.
SECTION 16. ENFORCEMENT MEASURES AFTER APPEAL.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal, within [ ] days of the decision of the municipal
authority upholding the decision of the [authorized enforcement agency], then representatives
of the [authorized enforcement agency] shall enter upon the subject private property and are
authorized to take any and all measures necessary to abate the violation and /or restore the
property. It shall be unlawful for any person, owner, agent or person in possession of any
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Appendix B: Model Illicit Discharge and Connection Ordinance
premises to refuse to allow the government agency or designated contractor to enter upon the
premises for the purposes set forth above.
SECTION 17. COST OF ABATEMENT OF THE VIOLATION.
Within [ days after abatement of the violation, the owner of the property will be notified of
the cost of abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within [_] days. If the amount due is not paid
within a timely manner as determined by the decision of the municipal authority or by the
expiration of the time in which to file an appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the [jurisdiction]
by reason of such violation. The liability shall be paid in not more than [_] equal payments.
Interest at the rate of [_] percent per annum shall be assessed on the balance beginning on the
[] day following discovery of the violation.
SECTION 18. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and /or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
SECTION 19. REMEDIES NOT EXCLUSIVE.
The remedies listed in this ordinance are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the [authorized
enforcement agency] to seek cumulative remedies.
The [authorized enforcement agency] may recover all attorney's fees court costs and other
expenses .associated with enforcement of this ordinance, including sampling .and .monitoring
expenses.
SECTION ADOPTION OF ORDINANCE.
This ordinance shall be in full_ force and effect [ ] days after its final passage and adoption. All
prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
PASSED AND ADOPTED this day of , 20_, by the following vote:
B -14 Illicit Discharge Detection and Elimination: Technical Appendices
Staff Report
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: I -c.
Subject: Discuss water distribution issues, and rationing.
Originated by: Kathy Turner, City Secretary
Summary: Water distribution issues, and water rationing will be discussed.
Recommended Motion:
Disposition by Council:
Staff Repot
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: I -d.
Subject: Discuss City's Mission & Vision Statement per Strategic Plan.
Originated by: Kathy Turner, City Secretary
Summary: Discussion will entail the City's Mission and Vision Statement per the Strategic
Plan that City Council approved during the June 2009 regular meeting.
Recommended Motion:
Disposition by Council:
City of Kermedale Imagine Kennedale -2015
APPENDIX
Retreat participants were asked a series of questions to clarify their impressions of the purpose and
values associated with the mission of city government in Kennedale. These were used by the facilitators
to prepare a draft mission statement shown below.
What unique purpose does the city serve or
Who are our principal clients?
provide the community?
• Resources Service ■ Adapt
■ Residents
• Sense of Place ■ Guidance
■ Employees
• Build Community ■ Oversee
■ Customer
• Communicate ■ Vision
■ Staff
• Quality of life ■ Regulator
• Readiness ■ Catalyst
■ Motivate ■ Integrity
Why is the community better off for
what you do?
What words would you use to describe
the City of Kennedale?
• More Parks
• Streets
• Healthier
• Order
• Safer
• Efficient
• Ethical
• Fairness
• Adaptive
• Knowledgeable
■ Service Orientated
■ Transparent
■ Professional
■ Effective
■ Responsive
Draft Mission
We are a city of choice. The City of Kennedale was cre
laws of the State of Texas to preserve their health, saf
through efficient and progressive governance, admin[
dance with the
ed every day,'
rur personal,
our mission. We lead with vision and practice innovation in finding the most cost effective and efficient
ways to do the business of government. We are responsive and vigilant, always ready to adapt our work
practices to meet the needs of a changing community.
The people of Kennedale are our principal assets. Their satisfaction and enjoyment is at the heart of
everything we do. We listen to the people's concerns, take their advice and work in partnership with
them and with the many institutions that make up this community to produce an increasingly better
quality of life for everyone. We strive to be worthy of their trust and confidence in us.
4 11Eag
City of Kennedale Imagine Kennedale -2015
mmi
KENNEDALE VISION
Retreat participants were asked to picture Kennedale as they would like it to be in the year 2015
assuming hard, work, a little luck and no miracles. The results are shown below. These vision elements
were used by the facilitators to prepare a draft vision statement shown near the bottom of the page.
® Peaceful relaxed environment
® Peaceful; emotional
• Quality of life
• Better image
• Harmony
• Sought after destination
® Great places for recreation, canoeing picnicking, jogging
® Linkages between community groups to creating community capacity
® Sense of pride
® Top 20 list of where to retire
® Professional services
® Progressive city government
® A city that has complementary business and residential communities
® Safe and friendly atmosphere
® Sense of family
® Continuous innovative community
• A better place to live visit through quality housing good roads and a expanding business
• Clean vibrant city with services for all people
431 Page
City of Kennedale
Imagine Iennedale -2015
In the year 2015, Kennedale is a wonderful place to live and work. The quiet small town atmosphere of
years past has been retained and enhanced. Families and their children feel safe, secure and
comfortable in their homes and while moving about town. In recent years, community organizations and
volunteers have partnered with local_ government to create an impressive menu of social, cultural and
recreational activities and facilities for the enjoyment of all ages including newborns and retirees.
Kennedale is a prosperous community. The hard work of government, business leaders and civic groups
has helped to strengthen existing businesses. These efforts have been instrumental in bringing in a
diverse array of new businesses to create jobs and broaden the local tax base.
I<ennedale is a physically attractive place. The town center and regional rail stop are complete and serve
as focal points for a bustling central core. Full - service professional offices, restaurants and other
amenities provide a new face to citizens and visitors to the city. Attractive entryways into the city and
tree -lined thoroughfares support Kennedale's new image as the region's signature city.
44 1 P a g e
Staff Repot
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: I -e.
Subject: Discuss and review any item on the agenda, if needed.
Originated by: Kathy Turner, City Secretary
Summary: During this time City Manager, Bob Hart will address any agenda items that
Council may have questions or concerns with.
Recommended Motion:
Disposition by Council:
Staff Repot
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: 1V.
Subject: Visitor /Citizens Forum
Originated by: Kathy Turner, City Secretary
Summary: At this time, any person with business before the Council not scheduled on the agenda may
speak to the Council. No formal action can be taken on these items at this meeting.
Recommendation:
Disposition by Council:
CITY
Of
IIENNEL�4LE
405 Municipal Drive, Kennedale, Texas 76060
VISITORJCITIZENS
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.
■NN0NNNNNNNEN00NN0N0NNNN0NNNNu aNNN9rrN0KNNR00E0a0E00000E0000r0NN0N00raXI
APPEARANCE BEFORE CITY COUNCIL
Date:
Is the matter you wish to discuss on the agenda? ❑ Yes Agenda Item # ❑ No
Has this subject been discussed with any member or administrative staff? ❑ Yes ❑ No
If yes, please list name and date:
Name of Speaker:_
Address:
Telenlhnne NnmhPr-
Subj
City Resident- rl Vec F1 No
Staff Report
To the Honorable Mayor and City Council
Date: July 2, 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. Chamber of Commerce annual Kar Show.
2. Chamber of Commerce July 15"' luncheon at 11 :30 a.m. — 0
r r
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - a.
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:
1 ;/ /
Fill
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: VI -a
Subject: Approval of Minutes: Regular meeting dated June 11, 2009.
Originated by: Kathy Turner, City Secretary
Summary: Attached for Council review and consideration are the meeting minutes from the regular
meeting held on thel lth day of June 2009.
Recommendation: RECOMMEND APPROVAL
Disposition by Council:
3408
REGU x' 11, 2009
KENNEDALE t 405 MUNICIPAL DR.
Mayor, Bryan Lankhorst called the r o u. at 5:35 p.m., and announced that a quorum was
present:
Council present: Bryan Lankhorst Mayor
John Clark Mayor Pro -Tem, Place 1
David Green Councilmember, Place 2
Brian Johnson Councilmember, Place 3
Kelly Turner Councilmember, Place 4
Jerry Miller Councilmember, Place 5
Staff present: Cindy Henry
Kathy Turner
Kathleen Wells
Sakura Dedrick
Amy Owens
Tommy Williams
Mike McMurray
Larry Ledbetter
James Cowey
Rachel Roberts
I. WORK SESSION
a. Review Strategic Plan
Asst. to the City Manager /Human Resources Dir.
City Secretary
Legal Counsel
Director of Finance
Utility Billing Administrator
Chief of Police
Fire Chief
Director of Public Works
Building Official
Planner
Rachel Roberts, Planner indicated that the City Council entered into a contract with
UTA to help design and facilitate a comprehensive, community -wide strategic
planning process. Roberts said Section One of the report was a synopsis of the
Imagine Kennedale — 2015 Kick -Off Session, which was attended by residents and
officials from the City. Task forces were formed, and each was assigned to
research particular issues. She went on to say that Section Two of the report
describes the work of the task force committees, Section Three addresses the
results of the retreat including specific strategies and action steps decided upon by
the participants, and Section Four included a review of a celebration event hosted
by the city to mark the end of the planning process. In closing, Roberts said that it
was very important for city officials to ensure the events are carried out to keep the
city moving in a positive and forward direction.
b. Meet with Parks and Recreation Board concerning Veterans Memorial
Parks and Recreation Board members, David Smith, Donna Geffon, Michael
Chandler, Mike Bevill, and Elizabeth Carrington met with City Councilmembers.
Mayor, Bryan Lankhorst indicated his intent for the meeting was to meet
throughout the year with the various board /commission committee members to
address any concerns, upcoming projects, as well as to receive input from the
board /commission committee members and reflect on the direction of the
board /commission committees.
3409
Discussion then ensued with emphasis on the removal /replacement of memorial
plaques, establishing a Veterans Memorial Policy suited for the City of Kennedale,
and a letter of apology to the family of the removed plaque, and to schedule a
special recognition and rededication of the plaques that were removed.
C. Discuss and review any item on the agenda, if needed.
Councilmember, Jerry Miller inquired about interviewing proposed
board /commission applicants prior to appointments. It was suggested that all
future applicants attend a Council meeting prior to the scheduled appointments to
allow a question and answer period.
Also, an application retention of one year was discussed to ensure that applicants
information one file remains current.
Next, Council discussed regular item d, appointment of a voting representative to
NCTCOG General Assembly. A consensus was made that Councilmember, Kelly
Turner would be appointed to fill this position during regular session.
II. REGULAR SESSION
Mayor, Bryan Lankhorst convened into regular session at 7:24 p.m.
III. a. INVOCATION
Councilmember Kelly Turner provided the invocation.
US PLEDGE OF ALLEGIANCE
Mayor, Bryan Lankhorst led the US Pledge of Allegiance.
TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and
Indivisible."
Mayor, Bryan Lankhorst led the Texas Pledge of Allegiance.
IV. VISITOR/CITIZENS FORUM
Ernest Harvey, 604 Oak Leaf Dr., Kennedale, TX offered a "Thank You" to City
Council, City staff (James Cowey), and City Manager, Bob Hart for the efforts put forth
to resolve the drainage issues in his neighborhood. Harvey indicated that the City
Council and City Staff work in unity, and it now reflects throughout the community.
V. REPORTS /ANNOUNCEMENTS
a. City Manager
1. Report on city wide clean -up
Amy Owens, Utility Billing Administrator reported on the May 30 city
wide clean -up that 61 employees worked with 23 roll off containers being
collected totaling 61.16 Tons of trash. Owens replied that positive feedback
had been received from the citizens, and she wanted to thank all the
3410
employees who participated. She said a spring and fall clean up would be
held annually, in which more coverage would be provided detailing what
could /could not be accepted.
In addition, Owens said that a citywide garage sale would commence in
October with all fees being waived for residents in hoping that citizens would
be encouraged to dispose of their unwanted belongings during the fall clean
up.
Report on Smoke Detector Campaign
Fire Chief, Mike McMurray indicated that volunteers from the Rotary Club,
Boy Scouts, Council, and the fire department installed 180 smoke detectors,
and replaced 54 batteries, which will potentially help save 234 lives.
Also, Chief McMurray replied that a reimbursement check from the Rotary
Club was presented to him during the Rotary luncheon to reimburse all
expenses for the campaign. Chief McMurray thanked everyone who
participated in the event to help save lives throughout the Kennedale
community.
TownCenter and MMD legislation
Cindy Henry, Assistant to the City Manger/HR Director informed Council
that the draft developer's agreement had been sent by the city attorney's
office to the developer's counsel for review.
0
Section House — UP Railroad Foundation donation
Cindy Henry, Assistant to the City Manager/HR Director advised that a Four
Thousand Dollar ($4,000.00) grant had been received from Union Pacific
Railroad to begin renovating the Section House for a historical and /or
community use. In addition, the KEDC dedicated Ten Thousand Dollars
($10,000.00) for a total of Fourteen Thousand Dollars ($14,000.00) with the
sum being spent on developing a project budget and creating architectural
drawings. Henry indicated that Mr. Hart anticipates that the initial activities
will encourage and promote further grants and fund raising, and along these
lines Mr. Hart had already began discussions with Chesapeake Energy, as
well as applying for the 2010 grant from Union Pacific.
Oakcrest Wastewater Funding
Cindy Henry, Assistant to the City Manager/HR Director reported that the
city's application for the stimulus funding for the Oakcrest Addition was
approved, and that bidding procedures for the project would begin soon.
Budget calendar
Sakura Moten - Dedrick, Director of Finance addressed the 2009 /2010 - budget
calendar before Council. Dedrick advised Council to review the dates of the
calendar, and if there were any issues with the meeting dates to please
contact the city manager so changes could be made, if needed.
3411
VI. REGULAR ITEMS
a. Review and consider action to approve regular meeting minutes dated May 9,
2009.
Mayor Pro -Tem, John Clark moved to approve the regular meeting minutes dated
May 9, 2009, second by Councilmember, Kelly Turner. Motion carried (5 -0).
b. Review and consider action to approve Veterans Memorial Plaque Policy.
Mayor Pro -Tem, John Clark moved to table action on the policy until the July
meeting, but provided a direction to staff to place larger plaques on the left wall,
and to place smaller plaques on the right wall, as well as schedule a special
recognition and re- dedication of the plaques that were removed. Motion second by
Councilmember, David Green, and motion carried unanimously. (5 -0).
C. Review and consider action to adopt Strategic Plan — Imagine Kennedale 2015.
Councilmember, Brian Johnson moved to approve Strategic Plan — Imagine
Kennedale 2015, second by Councilmember, Kelly Turner. Motion carried (5 -0).
d. Review and consider action to designate voting representatives to NCTCOG's
General Assembly.
Councilmember, Brian Johnson moved to designated Councilmember, Kelly
Turner as the voting representative to NCTCOG's General Assembly, second by
Councilmember, Jerry Miller. Councilmember's Brian Johnson, Jerry Miller,
David Green, and Mayor Pro -Tem, John Clark voted aye, while Councilmember,
Kelly Turner abstained. Motion carried (4 -0 -1).
e. Review and consider action to appoint/re- appoint members to the Library Advisory
Board.
Councilmember, Brian Johnson moved to re- appoint KaraLynn Greenfield to Place
1, Elaine Brower to Place 3, and Sam Zoccali to Place 5 on the Library Advisory
Board to serve a two -year term expiring July 2011. Motion second by
Councilmember, David Green. Motion carried (5 -0).
f. Review and consider action to appoint/re- appoint members to the Planning and
Zoning Commission.
Councilmember, Brian Johnson moved to re- appoint David Hunn, Billy Simpson,
and Ray Cowan to the Planning and Zoning Commission to serve a two -year term
expiring May 2011, second by Councilmember, Jerry Miller. Motion carried (5 -0).
g. Review and consider action to appoint/re- appoint members to the Board of
Adjustments.
Councilmember, Kelly Turner moved to re- appoint Brian Cassady, and Patrick
Vader to serve a two -year term to the Board of Adjustments expiring May 2011,
second by Councilmember, Jerry Miller. Motion carried (5 -0).
3412
Councilmember, Brian Johnson moved to appoint Jeff Madrid as an Alternate to
the Board of Adjustment to serve a two -year term expiring May 2011, second by
Councilmember, David Green. Motion carried (5 -0).
h. Review and consider action to appoint/re- appoint members to the Building Board
of Appeals.
Councilmember, Brian Johnson moved to re- appoint Rick Trevino to Place 1,
Brian'Cassady to Place 3, Randall Swiney to Place 5, and Bill Munn to Place 7 on
the Building Board of Appeals, each to serve a two -year term expiring May 2011,
second by Mayor Pro -Tem, John Clark. Motion carried (5 -0).
Review and consider action to appoint/re- appoint members to the Parks and
Recreation Board.
Mayor Pro -Tem, John Clark moved to re- appoint David Deaver to Place 1 to the
Parks and Recreation Board for a two -year term to expire May 2011, second by
Councilmember, Brian Johnson. Motion carried (5 -0).
Councilmember, Brian Johnson moved to re- appoint Michael Chandler to Place 3
to the Parks and Recreation Board for a two -year term to expire May 2011, second
by Councilmember, David Green. Motion carried (5 -0).
Councilmember, Jerry Miller moved to re- appoint Mike Bevill to Place 5 to the
Parks and Recreation Board for a two -year term to expire May 2011. Motion
failed for lack of a second.
Councilmember, Jerry Miller moved to move Elizabeth Carrington from Alternate
Place 6 to serve as a regular member, Place 5 to the Parks and Recreation Board for
a two -year term to expire May 2011, second by Councilmember, Brian Johnson.
Motion carried (5 -0).
Councilmember, Brian Johnson moved to appoint Larry Summers to Alternate
Place 7 to the Parks and Recreation Board to serve a two -year term to expire May
2011, second by Councilmember, David Green. Motion carried (5 -0).
It was noted that Alternate Place 6 is now vacant with Mrs. Carrington moving to
serve in Place 5 and Council would need to make an appointment to fill the
ti unexpired term. No action was taken at this time.
Review and consider action to appoint/re- appoint members to the Kennedale Youth
Advisory Council.
Councilmember, David Green moved to re- appoint the following students to the
Kennedale Youth Advisory Council: Nathan Degan, Victoria Pearce, Nikki
Funderburk, Fahad Ali, Antoinette Sims, Jeffrey Edwards, and Timothy
Brestowski, as well as appoint incoming members, Tino Angadicherel, Sam
Ramey, and Tia Angadicherel. Motion second by Councilmember, Brian Johnson
with all members voting in favor. Motion carried (5 -0).
There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at
8:10 p.m., to enter into executive session.
3413
VII. 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.
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
C. The City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect with which the city is conducting economic development
negotiations.
VIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 9:07 p.m.
VII b -3 - Mayor Pro -Tem, John Clark moved to authorize the City Manager to negotiate
the acquisition of the New Millennium Ministries property; to negotiate an exchange of
property for the Tran property; and to negotiate the acquisition of the Porter property.
Motion second by Councilmember, Kelly Turner. Motion carried unanimously (5 -0).
IX. ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn.
Councilmember, Brian Johnson so moved, and Mayor Pro -Tem, John Clark seconded
the motion with all members present voting in favor. Motion carried (5 -0). Meeting
adjourned at 9:09 p.m.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - b.
MOTION:
COUNCIL MEMBERS
MOTION
SECOND
AYE
NAY
ABSTAIN /ABSENT
CLARK
JOHNSON
MILLER
GREEN
TURNER
ORDINANCE/RESOLUTION NO.
W _D 1 ��
CONTRACT /AGREEMENT NO. FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
To the Honorable Mayor and City Council
Date: July 9, 2009
Agenda Item No: VI -b.
Subject: A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS
AND /OR SALVAGE
Originated by: Sakura Moten- Dedrick
Summary:
On an as needed basis, but at least annually, the City of Kennedale conducts an inventory of surplus
and /or salvage personal property. Surplus and /or salvage personal property includes items considered to
be in excess of department needs, no longer in use by the department, technically or mechanically
obsolete, no longer functioning, or has no intrinsic value (junk). In the past, the City Council has deemed
items, such as vehicles, motorcycles, maintenance /construction equipment, computer /information
technology equipment, abandoned property, miscellaneous DPS equipment, office furniture and office
supplies as surplus and /or salvage.
Under no circumstance is a department to dispose of City -owned assets on their own. The City of
Kennedale's surplus and /or salvage property procedures require that the City Manager or designee inspect
all properties and make a recommendation as to whether the item can be utilized by another department,
sent for auction, transferred to an eligible entity or simply disposed. If auctioned, the City generally looks
fo an outside organization or company to conduct live auctions, internet auctions, competitive sealed bids
and /or sales at their retail storefronts. If discarded, a member of the Finance Department serves as a
witness to the disposal.
Recommended Motion: Staff recommends approval.
Disposition by Council:
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS,
DECLARING CERTAIN PROPERTY SURPLUS AND /OR SALVAGE;
PROVIDING FOR THE AUTHORIZATION OF THE SALE OF SAID
PROPERTY; 'AND PROVIDING AND EFFECTIVE DATE.
WHEREAS, it has been determined that the City of Kennedale possesses items of
surplus and /or salvage; and
WHEREAS, the procedure for notification of the owners of surplus and /or salvage
property, as outline in the State Statute, has been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
Section 1. That all matters state in the above preamble are true and correct and are
incorporated herein as if copied in their entirety.
Section 2. That all items described in the attached Exhibit "A" are hereby declared
surplus and /or salvage.
Section 3. That the City Manager, or his designee, is authorized to conduct the sale of
said property.
Section 4. That this resolution shall take effect from and after the date of its passage.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 9th day of July 2009.
APPROVED:
ATTEST:
Mayor, Bryan Lankhorst
Kathy Turner, City Secretary
07 -09 -09
SURPLUS & SALVAGE LIST
EQUIPMENT DESCRIPTION
OPERATIONAL
SERIAL NUMBER
QUANTITY
DEPARTMENT
3COM SUPER STACK II
YES
7ZBRA86857
1
UNKNOWN
3M OVERHEAD PROJECTOR
UNKNOWN
UNKNOWN
1
UNKNOWN
ACER 781E MONITOR
YES
9177402005
1
UNKNOWN
ACC COLOR MONITOR
YES
C3DN29C652886
1
PUBLIC WORKS
APC BACKUPS PRO 500
NO
NB9910005881
1
LIBRARY
APC BACKUPS PRO 500
NO
NB9910005885
1
LIBRARY
APC BACKUPS PRO 500
NO
NB9915151376
1
LIBRARY
APC BACKUPS XS900
NO
QB0542144733
1
LIBRARY
APC SMARTUPS 700
NO
WS9642015202
1
UNKNOWN
BELKIN SWITCHBOX
YES
F1B024 -E
1
LIBRARY
BELKIN SWITCHBOX
YES
F1B024 -E
1
UNKNOWN
BROTHER SX -4000
UNKNOWN
A1D135491
1
UNKNOWN
CANON IP1500
NO
UNKNOWN
1
HUMAN RESOURCES
CLONE PC
UNKNOWN
UNKNOWN
1
PUBLIC WORKS
CLONE PC
UNKNOWN
UNKNOWN
1
POLICE
COMPAQ DESKPRO
YES
UNKNOWN
1
CITY HALL
COMPAQ V50 MONITOR
UNKNOWN
637BCO50H
1
UNKNOWN
DELL DIMENSION 170L
NO
GRSLX51
1
UTILITY BILLING
DELL DIMENSION 2350
NO
5411521
1
UNKNOWN
DELL DIMENSION 2400
NO
5XPV331
1
LIBRARY
DELL DIMENSION 2400
NO
5VPV331
1
UNKNOWN
DELL DIMENSION 2400
UNKNOWN
7YPV331
1
UNKNOWN
DELL DIMENSION 2400
UNKNOWN
BJTZB51
1
UNKNOWN
DELL DIMENSION 2400
NO
BVPV331
1
UNKNOWN
DELL DIMENSION 2400
NO
9VPV331
1
CITY HALL
DELL DIMENSION 2400
NO
BTPV331
1
CITY HALL
DELL DIMENSION 2400
NO
JXPV331
1
CITY HALL
DELL DIMENSION 2400
NO
8TPV331
1
CITY HALL
DELL DIMENSION 2400
NO
CVPV331
1
POLICE
DELL DIMENSION 2400
NO
4WPV331
1
POLICE
DELL DIMENSION 2400
NO
BWPV331
1
POLICE
DELL DIMENSION L700CX
NO
7T06B01
1
POLICE
DELL E551C MONITOR
UNKNOWN
UNKNOWN
1
POLICE
DELL E772P MONITOR
YES
UNKNOWN
1
POLICE
DELL E773C MONITOR
YES
UNKNOWN
1
POLICE
DELL E773S MONITOR
YES
UNKNOWN
1
PUBLIC WORKS
DELL P992 MONITOR
YES
UNKNOWN
1
CITY HALL
DELL PHOTO 924
NO
FR49V81
1
UNKNOWN
DELL PHOTO 924
NO
JD79V81
1
UNKNOWN
DELL 773C
YES
UNKNOWN
1
POLICE
EPSON LX -300+
UNKNOWN
CDSY091370
1
UNKNOWN
SURPLUS & SALVAGE LIST
EQUIPMENT DESCRIPTION
OPERATIONAL
SERIAL NUMBER
QUANTITY
DEPARTMENT
FELLOWES POWERSHRED 230
NO
UNKNOWN
1
CITY HALL
FELLOWES POWERSHRED PS55
NO
UNKNOWN
1
CITY HALL
HP DESKJET 882C
NO
MX94K1B1VS
1
FINANCE
HP BUSINESS INKJET 1100
UNKNOWN
CN45D2211W
1
UNKNOWN
HP CB007A PAPER TRAY
UNKNOWN
UNKNOWN
1
PUBLIC WORKS
HP DESKJET 5740
NO
MY49R1XOD6
1
UNKNOWN
HP LASERJET 2100
YES
USGG026193
1
LIBRARY
HP LASERJET 2200DN
NO
JPGGR23444
1
COURT
HP OFFICEJET 300
NO
SG81LF30KK
1
UNKNOWN
HP OFFICEJET 6310
UNKNOWN
CN651CF17B
1
UNKNOWN
HP OFFICEJETJ5750
YES
CN74BC201W
1
LIBRARY
HYUNDAI N71S
UNKNOWN
N71SPAB06SV02290
1
POLICE
IBM 6400
YES
01F1176
1
UNKNOWN
IBM E54 MONITOR
YES
66 -GNXT4
1
PUBLIC WORKS
IBM E74 MONITOR
YES
88PT083
1
POLICE
ITHACA SERIES 150
YES
KG002318932
1
UTILITY BILLING
ITHACA SERIES 150
YES
KG002212202
1
COURT
ITRONIX GO BOOK III
NO
ZZGEG5252ZZ6429
1
POLICE
ITRONIX GO BOOK III
NO
ZZGEG5063ZZ8723
1
POLICE
LINKSYS 24 PORT HUB
YES
R67002B000036
1
CITY HALL
MISC CABLES
UNKNOWN
UNKNOWN
1
UNKNOWN
MISC KEYBOARDS 13 TOTAL
UNKNOWN
UNKNOWN
1
UNKNOWN
OPTIQUEST Q51 MONITOR
UNKNOWN
UNKNOWN
1
POLICE
POWERPC
UNKNOWN
UNKNOWN
1
UNKNOWN
PROXIMA PT10 SURGE PROTECTO
YES
NONE
1
UNKNOWN
ROYAL 15MX SHREDDER
NO
UNKNOWN
1
CITY HALL
SONY RECORDER BM -246
YES
610216
1
COUNCIL
THINSHELF CRADLE
YES
ZZCWA5245ZM0030
1
POLICE
VIEWSONIC A75F
UNKNOWN
AX01806656
1
POLICE
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - c.
MOTION:
COUNCIL MEMBERS
MOTIO
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:
l Ciiii r 1: 1 1
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: VI -c.
Subject: Review and consider action to call a budget workshop for August 1, 2009;
special meeting for August 27, 2009; and special meeting for September 3, 2009.
Originated by: Kathy Turner, City Secretary
Summary: To coincide with the 2009/2010 budget calendar council will need to schedule
the following workshop and special meetings:
August 1, 2009 — Budget workshop to review the proposed budget and certified
values.
August 27, 2009 — Special meeting to allow public hearings in order to receive
citizen's comments in regards to the 2009 -2010 proposed
fiscal year budget, and first required public hearing on the
2009 proposed tax rate. Council will also need to announce
the date, time and location that action is scheduled to vote on
the tax rate (September 10, 2009).
September 3, 2009 — Special meeting to allow for required second public hearing
to receive citizen's comments in regards to the 2009 proposed
tax rate. Council will also need to announce the date, time,
and location that action is scheduled to vote on the tax rate
(September 10, 2009).
Recommended Motion: recommend Council move to schedule a budget workshop for
Saturday, August 1, 2009; schedule a special meeting for
Thursday, August 27, 2009 for public hearing on the 2009-
2010 fiscal year budget, and first required public hearing on
the proposed 2009 tax rate; and schedule a special meeting on
Thursday, September 3, 2009 for second required public
hearing on the proposed 2009 tax rate.
Disposition by Council:
V
e
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - d.
MOTION:
COUNCIL MEMBERS
MOTION
SECOND
AYE
NAY
ABSTAIN /ABSENT
CLARK
JOHNSON
MILLER
GREEN
TURNER
ORDINANCE/RESOLUTION NO. CARRIE
CONTRACT /AGREEMENT NO. FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
kA
V � �T
Y �
To the Honorable Mayor and City Council
Date: June 30, 2009
=-.
Subject: Review and consider action to appoint two alternate members to fill the vacancies on the
various board /commission committees.
Originated by : Kathy Turner, City Secretary
Summary: After speaking with candidates, Darrell Dixon and Jason Galloway Council will need to
decide which candidate is suited to be appointed to the board /commission committee
that a vacancy exists.
Listed below are the current vacancies on the various board /commission committees
along with the prospective applicants ranking to serve on such board /commission.
Planning and Zoning Commission
Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — l; Galloway - 2
Board of Adjustment
Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — 4; Galloway - 4
Park Board
Place 6 — Vacant Alternate Position expiring 2010
Order Ranked by Applicants 1 to 6: Dixon — 5; Galloway - 5
Library Advisory Board
Place 5 — Vacant Regular Member expiring 2011 (Sam Zacolli stepped down)
Place 7 —Vacant Alternate Position expiring 2011
Order Ranked by Applicants 1 to 6: Dixon — 6; Galloway — 6
Recommended Motion: Recommend Council appoints prospective candidates to serve on
one of the board /commission committees that a vacancy exists.
Term will be for two -years expiring May 2011 unless appointment
is for the Park Board, which will be for a one -year term to expire
May 2010.
Page 1 of 1
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - e.
MOTION:
COUNCIL MEMBERS MOTION' SECOND AYE I NAY ABSTAIN /ABSENT
CLARK
JOHNSON
MILLER
GREEN
TURNER
ORDINANCE/RESOLUTION NO.
CARRIED 4 — 1 -
CONTRACT /AGREEMENT NO. FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
I q
l
ag,j",q
L A I A I- - J t o/ —
Date: July 9, 2009
Agenda Item No: We
Subject: Review and consider action to approve TownCenter Pavilion Rental Policy
Originated by: Bob Hart
Summary: City staff has received many phone calls inquiring about renting the Pavilion in
TownCenter. Due to this, staff suggested this be given to the Parks and Recreation Board to
put together a Pavilion Rental Policy for TownCenter. After careful consideration as to what
the fee to rent the pavilion should be, the Parks Board came up with the attached policies.
Recommendations: Staff recommends approval of the proposed TownCenter Pavilion
Rental Policy
TownCenter Park Plaza Pavilion Rental Policies
1. Park hours will be from 6 a.m. - 10:00 p.m. seven days a week.
2. Pavilion rentals will be in one (2) hour increments with the following fees:
Residents
$50.00 refundable deposit
2 hours - $35.00
4 hours - $65.00
6 hours - $90.00
8 hours - $115.00
Non - residents
$50.00 refundable deposit
2 hours - $135.00
4 hours - $165.00
6 hours - $190.00
8 hours - $215.00
3. City of K ennedale shall have the right to schedule City events, and all City programs /activities
will have priority over any and all reservations.
4. The renter must conduct all activities in a safe manner. Any activity that creates a nuisance such
as loud noise is strictly forbidden.
5. The clean -up of the pavilion area is the responsibility of the renter(s). If clean -up is not done, the
rental deposit will be forfeited.
6. The renter must be 18 years of age or older. The renter must present a current Texas drivers
license.
7. Proof of residency will be required to obtain the resident discount rate, and will be determined by
a current water bill.
8. Reservations will be considered on a fist come fist serve basis.
9. All rental reservation fees must be paid in full prior to the requested date of activity. Reservations
are not confirmed until the fees have been collected.
10. Any forms of alcoholic beverages are strictly prohibited as in accordance with City Ordinance.
11. Rental of the Pavilion can not be used to conduct meetings, or gatherings whose primary purpose
is to advocate, support, advance, endorse, organize, or otherwise promote a political candidate,
party organization, issue or other political matter.
Cancellation /Change Policy
1. All cancellations must be made at least two days prior to the date of the rental in order to get a
full refund. Fees will be forfeited if not done in this time.
2. Outdoor activities are subject to inclement weather. The Parks & Recreation Department cannot
take responsibility for the weather. It is the renter's responsibility to contact the Park facility
Coordinator the next business day after a rain out to reschedule within one week. Full refunds
may be issued due to poor weather conditions.
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
REGULAR ITEMS:
ITEM NUMBER: VI - f.
MOTION:
COUNCIL MEMBERS
MOTION
SECOND
AYE
NAY
ABSTAIN /ABSENT
CLARK
JOHNSON
MILLER
GREEN
TURNER
ORDINANCE/RESOLUTION NO.
CONTRACT /AGREEMENT NO. FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
Staff Report
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: VI -f.
Subject: Review and consider action to approve Ordinance No. 431, Illicit Discharge and
Illegal Connection Ordinance.
Originated by: Bob Hart, City Manager
Summary: Ordinance will be provided prior to the meeting.
Recommended Motion:
Disposition by Council:
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
COUNCIL MEETING MINUTE SLIP
DATE: JULY 9, 2009
RECESS INTO EXECUTIVE SESSION: � , m PM
P
RECONVENE INTO OPEN SESSION: PM
REGULAR ITEMS:
ITEM NUMBER: VII & VIII
MOTION:
COUNCIL MEMBERS
MOTION
SECOND
AYE
NAY
ABSTAIN /ABSENT
CLARK
JOHNSON
MILLER
GREEN
TURNER
ORDINANCE/RESOLUTION NO.
::: 1
CONTRACT /AGREEMENT NO. FAILED
FOLLOW UP:
CITY SECRETARY'S FOLLOW UP:
Staff Repot
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: vii. a -c
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.
1. Brenda L. Santos Cantu vs. City of Kennedale
b. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease or value of real property for the
following:
1. Expansion of Sonora Park
2. TownCenter Development
3 Bowman Springs Road re- alignment properties
4 Sublett Road properties
C. The City Council will meet in closed session pursuant to Section 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business prospect
with which the city is conducting economic development negotiations.
Recommendation:
Disposition by Council:
11 ii�i 1171 11 ''i
To the Honorable Mayor and City Council
Date: July 2, 2009
Agenda Item No: VIII.
Subject: Reconvene into open session.
Originated by : Kathy Turner, City Secretary
Summary: City Council met in executive session pursuant to Section 551.071, Section 551.072, and
Section 551.087 of the Texas Local Government Code.
City Council will reconvene into open session, and take action necessary pursuant to
executive session, if needed.
Recommendation:
Disposition by Council: