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09.09.2010 CC PacketA OW�ZM ( ZC 405 Municipal Drive, Kennedale, Texas 76060 www.cityofliennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — SEPTEMBER 9, 2010 COUNCIL CHAMBERS WORK SESSION — 5:30 PM REGULAR SESSION — 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION — 5:30 PM A. Strategic Plan & Project discussion. B. Governance framework discussion C. Discuss and review any item on the agenda, if needed. *NOTE. Pursuant to Chanter 551, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted out the agenda. IV. REGULAR SESSION — 7:00 PM V. INVOCATION VI. US PLEDGE OF ALLEGIANCE VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." Page 1 of 4 VIII. 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. IX. REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc A. Mayor B. City Council C. City Manager X. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of meeting minutes: August 12, 2010. B. Consider authorizing the City Manager to execute a change order with Conatser Construction TX, LP, for additional services including labor and supplies for the construction of the 16" water line "B" project. C. Consider authoring City Manager to execute an Agreement with Sr. Citizen Services of Greater Tarrant County to operate Senior Center in Kennedale in an amount of $22,000.00 D. Consider approval of Fort Worth Wholesale Customer Advisory Committee (WCAC) appointments. E. Consider authorizing the City Manager to execute a change order to the original contract with Gra -Tex Utilities, Inc., for additional services including labor and supplies for the High Ridge Road water and sewer project. F. Consider approval of Change Orders No. 2 & 3 relative to Bowman Springs Road Construction. XI. REGULAR ITEMS G. Public hearing, review, and consider action on Case #PZ 10 -09, re -plat of approximately 45.696 acres from the Ben Jopling Survey, A -866, Tract 313; James R. Hawkins Survey, A -792, Tract 113; and Swiney Subdivision, Lot 6A, Lot 4 less SW corner, and W Pt. 5, City of Kennedale, Tarrant County, Texas to that of Lots 1 and 2, Block A, Bowerman Addition, City of Kemnedale, Tarrant County, Texas. The property is located at 1257, 1301, and 1409 Swiney Hiett Road, an unaddressed property on N. Joplin Road, and an Page 2 of 4 unaddressed property on Coker Valley Drive. The re -plat is requested by Bowerman Oil & Gas. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 4. Action on Case #PZ 10 -09 H. Public hearing, review, and consider action to approve Ordinance No. 461, Case #PZ 10- 10, rezoning of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition from that of "AG" Agriculture District to that of "R -3" Single Family Residential District. Rezoning is requested by Bowerman Oil & Gas. I . Staff Presentation 2. Public Hearing 3. Staff Response and Summary 4. Action on Ordinance No. , Case #PZ 10 -10. I. Review and consider action to appoint Chairman and Vice - Chairman to the Planning and Zoning Commission. J. Review and consider action to approve Ordinance No. 462, adopting 2010 -2011 Fiscal Year Budget. K. Review and consider action to approve Ordinance No. 463, adopting 2010 Tax Rate of $0.722500 per $100 of taxable value. L. Review and consider action to ratify property tax increase reflected in the budget for Fiscal Year 2010 -2011. M. Review and consider action to authorize City Manager to execute contract with Benefit Bucks for Section 125 flexible spending account services. N. Second reading to review and consider action to approve Resolution No. 333, authorizing and approving a long from the office of the Governor Economic Development and Tourism Division authorizing the execution and delivery of the Loan Agreement and related documents authorizing the pledge of sales and use tax receipts and other matters in connection therewith. XII. 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. Page 3 of 4 B. The City Council will meeting in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. 1. Appointment of Magistrates C. 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. Little School Road re- alignment properties 2. Bowman Springs Road alignment 3. 1000 E. Kennedale Parkway 4. 1170 E. Kennedale Parkway D. 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. XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. A. Review and consider action to appoint two (2) magistrates. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Kathy Turner, City Secretary, at 817.985.2104 or (TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the September 9, 2010, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said Agenda was posted on the following date and time: Friday, September 3, 2010 by 6:00 p.m., and remained so posted continuously for at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. Kathy Turner City Secretary, TRMC /CMC Date Agenda Removed from Bulletin Board Page 4 of 4 O A LE 405 Municipal Drive, Kennedale, Texas 76060 � 1 If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language, and /or personal attacks towards any individual. ■rrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� APPEARANCE BEFORE CITY COUNCCI,L�-y Date: Is the matter you wish to discuss on the agenda? ❑ Yes Agenda Item o Has this subject been discussed with any member or administrative staff? ❑ Yes ❑ No If yes, please list name and date: Name of Speaker: Address:C Telephone Number: 7 � City Resident: L Yes ❑ No Subject: UXg e—,-- (, `= 3534 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING —AUGUST 12, 2010 KENNEDALE MUNICIPAL BLDG. — 405 MUNICIPAL DRIVE COUNCIL CHAMBERS I. CALL TO ORDER Mayor Lankhorst called the meeting to order at 5:30 p.m. II. ROLL CALL Kathy Turner, City Secretary called roll with the following persons present/absent: Council Present: Bryan Lankhorst John Clark Liz Carrington Brian Johnson Jerry Miller Council Absent: Kelly Turner Staff Present: Bob Hart Wayne K. Olson Kathy Turner Kelly Cooper Rachel Roberts Sakura Moten - Dedrick Darrell Hull Mike McMurray James Cowey III. WORK SESSION Mayor Mayor Pro -Tem, Place 1 Councilmember, Place 2 Councilmember, Place 3 Councilmember, Place 5 Councilmember, Place 4 City Manager Legal Counsel City Secretary Human Resources Director Planner Director of Finance KPD Captain Fire Chief Dir. Development Services A. 2010 US Census update by Jennifer Pope, US Census Bureau. Jennifer Pope, Partnership Specialist with the United States Census 2010 indicated that the City of Kennedale has a 76 percent return as of April 2010. She went on to explain that the count is three quarters complete and quality assurance will be conducted until October 2010, and come to a close towards the first quarter of 2012. Next, Ms. Pope spoke of the American Community Survey that would be randomly sent out and stressed the importance of completing the survey as it would project characteristics of a community including demographics, housing, economic, and ethnic groups. In closing, Ms. Pope thanked Planner, Rachel Roberts for her assistance with the complete count committee 3535 B. Discuss Fiscal Year 2010 -2011 proposed budget, certified appraisal roll, and effective and rollback rate calculations. Sakura Moten - Dedrick, Director of Finance addressed the 2010 -2011 effective tax rate and rollback tax rate calculations. Ms. Dedrick indicated that the proposed tax rate was below both the rollback tax rate and effective tax rate in which the City would not be required to follow the specific tax publication and notice guidelines. She then addressed the revised schedule, which reflected a public hearing on the budget September 2, 2010, and adoption of the budget and rate on September 9, 2010. C. Discuss Atmos franchise fee collection. Sakura Moten - Dedrick, Director of Finance indicated Atmos franchise fee collections were currently less than last year's due to a unilateral decision by Atmos to restructure collection of fees. She said additional information has been requested and once reviewed would bring back before Council. D. Discuss governance workshop — August 21, 8:00 a.m. to 4:00 p.m. Bob Hail, City Manager announced that a governance workshop for Council is on the books for Saturday, August 21S from 8 a.m. to 4 p.m., in which Mike Condit would lead. He indicated four models would be addressed, which included council processes, council /staff relations, executive limitations, and end statements. E. Discuss and review any item on the agenda, if needed. There being no further discussion, Mayor Lankhorst adjourned the work session to enter into executive session at 6:08 p.m. 'NOTE. Pursuant to Chapter SSl, Texas Government Code, the City Council reserves the right to adiourn into Executive Session at any tithe during the work session or the regular session to discuss posted e-recutive session items or to seek legal advice from the City Attorney on any itent posted on the agenda, IV. REGULAR SESSION Mayor Lankhorst called regular session to order at 7:15 p.m. V. INVOCATION Susan Cullun, Kennedale High School Student and youth member with Tabernacle Praise provided the invocation. VI. US PLEDGE OF ALLEGIANCE VII. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." Jonathan and Connor Buchanan ledge the Pledge of Allegiance followed by the Texas Pledge. 3536 VIII. PRE,SENTATION(S) A. Mayor Lankhorst will recognize 2010 Kennedale Summer Library Reading Program winners. Mayor Lankhorst recognized the 2010 Kennedale Summer Library Reading Program Winners by presenting Certificate of Achievements to Jonathan Aliwarga for the "Most Books Read," and to Bethany Graddy for the "Most Time Read." IX. VISITOR/CITIZENS FORUM Kay Hunn, 104 Meadowlake Ct., Kennedale, TX spoke before Council regarding the oil and gas ordinance. Mrs. Hunn was particularly interested in the section of the ordinance dealing with the BOA special exception to drill within 300 feet of a neighboring property line and the approved percentage requirement of homeowners. Mrs. Hunn recommended Council keep the percentage at 80 percent or higher to keep a balance between the land owner and gas companies. Pat Doescher, 1404 Derby Dr., Kennedale, TX 76060, and Chairman of the Kennedale Chamber of Commerce indicated that the Chamber of Commerce held their annual retreat on August 4''', and it was a huge success, and thanked Councilmember's for their time and efforts. She said lots of information and input was received, and a lot of anticipated work faces the board. Next, Mrs. Doescher indicated that the required signatures were gathered to proceed with a Local Option Election for November 2, 2010 election, and thanked everyone who participated in gathering of the signatures. Casey Barnett, 1212 Kennedale Sublett Rd., Kennedale, TX 76060 addressed Council regarding concerns related to the oil and gas drilling ordinance. Mrs. Barnett questioned gas well locations, fracing fluid removal, air quality, contamination possibilities to the city's water source, and easement acquisition and inquired on how or where to go to obtain information regarding such. John J. Page, 907 Shady Bend Dr., Kennedale, TX 76060 spoke before Council regarding concerns related to the oil and gas drilling ordinance. Mr. Page urged council to keep the BOA special exception to drill within 300 feet of a neighboring property line and the approved percentage requirement of homeowners at 80 or 90 percent so residence could have a voice. X. REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc A. Mayor — No reports /announcements. B. City Council — No reports /announcements. C. City Manager — No reports /announcements. 3537 XI. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Approval of meeting minutes: July 8, 2010 and July 31, 2010. B. Approval of Resolution No. 330, authorizing continued participation with the Atmos Cities Steering Committee (ACSC), and authorizing the payment of two cents per capita to the Atmos Cities Steering Committee to fiend regulatory and related activities related to Atmos Energy Corporation. C. Approval of Resolution No. 331, amending ICMA Section 457 Deferred Compensation Plan to permit loans for participants. Mayor Pro -Tem Clark moved to approve consent agenda items A -C as presented, second by Councilmember Carrington. Motion carried unanimously (4 -0). XII. REGULAR ITEMS D. Review and consider action to approve Ordinance No. 456, revising regulations governing oil and gas drilling related operations. Mayor Pro-Tern Clark moved to approve Ordinance No. 456, revising regulations (, governing oil and gas drilling related operations, second by Councilmember Johnson. Motion carried unanimously (4 -0). E. Public hearing, review, and consider action to approve Ordinance No. 458, Case #PZ 10- 08, amending the Kennedale City Code, (1991), as amended, by amending Chapter 17, Division 2, revising the subdivision regulations governing plats. 1. Staff Presentation Rachel Roberts, Planner indicated that this amendment to the city code was brought on by the oil and gas ordinance as it included language affecting plats. Therefore, the subdivision ordinance needed amended to ensure that the platting process included the necessary language concerning oil and gas wells. Ms. Roberts indicated that the Planning and Zoning Commission held a public hearing on this item during its regular meeting held on July 15, 2010 and voted to recommend approval. 2. Public Hearing Mayor Lankhorst opened the public hearing at 7:13 p.m. and with no persons registered to speak for or against Case #PZ 10 -08, the public hearing was closed at 7:14 p.m. 3538 3. Staff Response and Summary No additional staff response and /or summary were reported. 4. Action on Ordinance No. 458, Case #PZ 10 -08 Mayor Pro -Tem Clark moved to approve Ordinance No. 458, Case #PZ 10 -08 amending regulations governing oil and gas well drilling, operations and productions, second by Councilmember Johnson. Motion carried unanimously (4 -0). F. Review and consider action to approve Ordinance No. 459, amending Administrative Fees. Councilmember Johnson moved to approve Ordinance No. 459, amending Administrative Fees to include oil and gas well permits and fees, second by Councilmember Carrington. Motion carried unanimously (4 -0). G. Public hearing, review, and consider action to approve 2009 Consumer Compliance Report on water quality for the City of Kennedale. 1. Staff Presentation Larry Ledbetter, Director of Public Works provided a PowerPoint Presentation regarding the 2009 Consumer Compliance Report 2. Public Hearing Mayor Lankhorst opened the public hearing at 7:25 p.m. and with no persons registered to speak for or against the 2009 Consumer Compliance Report, the hearing was closed at 7:26 p.m. 3. Staff Response and Summary No additional staff response and /or summary were provided. 4. Action on 2009 Consumer Compliance Report Mayor Pro -Tem Clark moved to approve the 2009 Annual Drinking Water Quality Report, second by Councilmember Carrington. Motion carried unanimously (4 -0). H. Public hearing, review, and consider action on Case #PZ 10 -07, re -plat of Block A, Lot 8R, Kennedale Retail Center Addition, City of Kennedale, Tarrant County, Texas. The property consist of an abandoned portion of Municipal Drive, being approximately 0.739 acres of land located in the Canzada Rose Survey, A -1285, City of Kennedale, Tarrant County, Texas, and approximately 0.9998 acres located on Kennedale Parkway, more particularly described as Kennedale Retail Center Addition, Block A, Lot 8, City of Kennedale, Tarrant County, Texas. This replat is required by the City of Kennedale. 3539 Staff Presentation Rachel Roberts, Planner addressed the re -plat of Lot 8R, Block, Kennedale Retail Center Addition and indicated that the lot would be served by existing utilities and would have access to a public street. She also indicated that the reciprocal aces and parking agreement would need to be modified since the lot was re- platted. Furthermore, Ms. Roberts said that staff found no conflicts with the comprehensive land use plan and that the Planning and Zoning Commission held a public hearing on the item during its regular meeting on July 15 and voted to recommend approval. 2. Public Hearing Mayor Lankhorst opened the public hearing for public comments at 7:28 p.m., and with no persons registered, closed the public hearing at 7:29 p.m. Staff Response and Surmnary No additional staff response and /or summary were reported. 4. Action on Case #PZ 10 -07 Councilmember Johnson moved to approve Case #PZ 10 -07, re -plat of Lot 8R, Block A, Kennedale Retail Center Addition, second by Councilmember Carrington. Motion carried unanimously (4 -0). I. Review and consider action to award bid for Kennedale Sublett Road. Councilmember Johnson moved to award bid to JLB Contracting, LLC in the amount of $2,651,703.34 for Kennedale Sublett Road, and to authorize the City Manager to execute required contract, second by Councilmember Miller. Motion carried (4 -0). Review and consider action to approve Resolution No. 332, endorsing the Education Campaign to inform Texans of transportation needs and urging the 82 " Texas Legislature to enact revenue measures to fund transportation investment. Councilmember Johnson moved to approve Resolution No. 332, endorsing the Education Campaign to inform Texans of transportation needs and urging the 82 Texas Legislature to enact revenue measures to fund transportation investment, second by Councilmember Carrington. Motion carried unanimously (4 -0). K. Review and consider action to approve Ordinance No. 460, amending the 2006 International Fire Code to include Appendices A through G. Councilmember Johnson moved to approve Ordinance No. 460, amending the 2006 International Fire Code to include Appendices B through G, second by Mayor Pro -Tern Clark. Motion carried unanimously (4 -0). 3540 L. Review and consider action to appoint an alternate to the Kennedale Parks and Recreation Board. Mayor Pro -Tem Clark moved to appoint Sal Mauire to serve in the Alternate Position of Place 8 to the Kennedale Parks and Recreation Board for a two -year term to expire in June 2012, second by Councilmember Carrington. Motion carried unanimously (4 -0). XHI. 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. Issuance of drilling permits. 2. U.S. Fallen Heroes Foundation Contract for sale of land. 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. Little School Road re- alignment properties 2. Sale of property along Bowman Springs Road. 3. Acquisition of property along 411 W. Kennedale Parkway. 4. Acquisition of property along 711 E. Kennedale Parkway. 5. Acquisition of property at 1453 JR Hawkins Road. 6. Acquisition of property at 6801 E. Oak Crest Drive. 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. XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. Mayor Lankhorst reconvened from executive session at 7:04 p.m. with no action taken on executive session items. XV. ADJOURNMENT There being no further business to consider, Mayor Lankhorst asked for a motion to adjourn the meeting. Councilmember Johnson so moved and Councilmember Carrington seconded the motion. Meeting adjourned at 8:40 p.m. ATTEST: Kathy Turner, City Secretary APPROVED: Mayor, Bryan Lankhorst Date: September 9, 2010 Agenda Item No: XI -B Subject: Consider authorizing the City Manager to execute a change order with Conatser Construction TX, LP, for additional services including labor and supplies for the construction of the 16" water line "B" project. Originated by: Larry Ledbetter Summary: Additions to the 16" water line "B" were recommended by staff and the consulting engineering firm to include valves, fire hydrants and additional paving. The additions were necessary improvements for water quality, fire/ public safety and future development/expansion. Recommendation: Staff recommends payment of the change order to the original contract for Conatser Construction TX, LP in the amount of $56,587.00. CADocuments and Settings\ cbrown \mydocuments \samplestaffreport KIMLEY -HORN AND ASSOCIATES, INC. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, TX 76102 CHANGE OR EXTRA WORK ORDER NO. 1 PROJECT DESCRIPTION: KHA Project No.: OWNER: CONTRACTOR: ORIGINAL CONTRACT AMOUNT: REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 1: REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 2: REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 3: CHANGE OR EXTRA WORK TO BE PERFORMED Kennedale 16" Waterline B 061156002 City ofKennedale, Texas Conatser Construction Tx, L.P. $596,628.25 $653,215.25 Date: August 20, 2010 Item Decrease in Increase in No. Quantity Description of Item Unit Price Contr. Price Comr. Price 16" x IT TS & V Additions (Existinr Bid Itenzs) $13,000.00 503 5 EA 16" Gate Valve $ 5,500,00 $27,500.00 510 0.25 TN DI Fittings $ 3,500.00 $875.00 Total Increase in Contract Amount: Total Decrease in Contract Amount: Net Increase in Contract Amount: Revised Contract Amount: Net Increase /(Decrease) in Contract Time of Completion: Revised Contract Time of Completion: Recoi ie ded by n ey -Horn and Associates, Inc. Accepted b Contr to B '4 � ($7.350.00) $63,937.00 $56,587.00 $653,215.25 No Change No Change Distribution I- Owner, I — Contractor, I - KHA Office Additions (Neiv Bid Items) 901 2 EA 16" x IT TS & V $ 6,500,00 $13,000.00 902 l EA 12" GV w/ Plug Anchored to Main at Sta, 42 +00 $ 2,500.00 $2,500.00 903 l EA FH Assembly at Sta. 52 +20 $ 2,600.00 $2,600.00 904 1 EA FH Assembly at Sta. 81 +50 $ 2,600.00 $2,600.00 905 0,500 TN 16" MJ 45 degree Bends to Avoid Ex. WL Sta. 28 +00 $ 3,500.00 $1,750.00 906 596 SY HMAC Overlay (Private Drive) at Sta. 96 +00 $ 22.00 $13,112,00 Deletions (Existing Bid Items 504 -1 EA 12" GV w/ Box $ 1,800.00 (SI,800.00) 505 -1 EA 12" TS & V $ 3,800.00 ($3,800.00) 510 -0.50 TN 12" x 12" Tee /Reducers $ 3,500.00 ($ 1.750.00) Total Increase in Contract Amount: Total Decrease in Contract Amount: Net Increase in Contract Amount: Revised Contract Amount: Net Increase /(Decrease) in Contract Time of Completion: Revised Contract Time of Completion: Recoi ie ded by n ey -Horn and Associates, Inc. Accepted b Contr to B '4 � ($7.350.00) $63,937.00 $56,587.00 $653,215.25 No Change No Change Distribution I- Owner, I — Contractor, I - KHA Office Date: August 12, 2010 Subject: Consider authorizing City Manager to execute an agreement with Sr. Citizens Services of Greater Tarrant County to operate Senior Center in Kennedale in an amount of $22,000.00 Originated by: Kathy Turner Recommendations: staff recommends approval of agreement S citizen .services May 1, 2010 Bob Hart City Manager 405 Municipal Drive Kennedale, Texas 76060 Dear Mr. Hart; Please find enclosed two original contracts pending approval and signature between the City of Kennedale and Senior Citizen Services of Greater Tarrant County, Inc. Please sign and retain one copy for your records and return one to SCS attention Marcus Rockwell. After your review if you should have any questions or concerns please do not hesitate to contact me at 817- 413 -4949 ext. 214 or by e -mail at iiu I have attached a STATEMENT OF IN -KIND form for completion as requested by our federal funding sources. This form helps SCS document value of donated space, staff and other resources provided by the City of Forest Hill for the operation of the Congregate Meal Program. The following is a list of annual Senior Citizen Services fund raising activities conducted within the senior center. Funds raised are returned into the center to defray operational costs. These funds are not designated to United Way or any other entity. • Center Special Gifts • Center coins collection • SCS Friends Campaign Senior Citizen Services of Greater Tarrant County appreciates your continued support of senior programming. Sincerely, ✓"/ Marcus W. Rockwell Outreach/Compliance Coordinator 3/Enclosures Senior Citizen Services of Greater Tarrant County, Inc. is required by Federal Funding sources to document the value of donated space, utilities, maintenance, staff, etc. at all Senior Centers. Therefore, we ask that you complete this form to the best of your ability and return with the signed contract. Thank you. Other (please list) �a W TOTAL IN-KIND SIGNATURE TITLE DATE FORM COMPLETED AND VERIFIED Rev 7/05 AGREEMENT This agreement is made by and between the CITY OF KENNEDALE, whose principal address is located at 405 Municipal Drive, Kennedale, Tarrant County, Texas and SENIOR CITIZEN SERVICES OF GREATER TARRANT COUNTY, INC., hereinafter referred to as SCS, whose principal place of business is 1400 Circle Drive Suite 300, Fort Worth, Tarrant County, Texas. The purpose of this agreement is to provide a Congregate Meal Program for persons age 60 years or older and their spouse. This program will be considered a joint and cooperative program of the CITY OF KENNEDALE, and SCS. It is further agreed by the aforementioned parties that all parties will comply with Texas Department On Aging and Disability Services (TXDADS) and Administration on Aging (AOA) Title 111 -C and Title III -B Service Standards for sub - contractors. This agreement shall be for a period of two years, commencing on the 1 day of October 2010, and shall continue through the 30 day of September 2012 or until it has been terminated by either party by giving thirty days written notice to the other party. Further, this agreement is entered into in the County of Tarrant, Texas. SENIOR CITIZEN SERVICES OF GREATER TARRANT COUNTY INC: In consideration for this agreement between the parties, IT IS AGREED that the CITY OF KENNEDALE will reimburse SCS at an annual rate of $22,000 to be billed monthly at the rate of $1,833.34 to provide management Services for the operation of a Multipurpose Center, daily operation as shown in CITY OF KENNEDALE section 1 (one) which includes holiday and closure for inclement weather or other emergencies. Management services shall include, but are not limited to, the following: Provide noon lunches at the Kennedale Senior Center location Monday through Friday, with the exception of inclement weather /emergency closure days and the following holidays: New Years Day, MLK Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day following Thanksgiving Day and Christmas Day. 2. Provide a Center Director who is responsible for the operation of the Congregate Meal and Senior Center Program. 3, Require current First Aid and CPR training for the operation of the Congregate Meal and Senior Center Program. 4. Ensure upon hiring, that the Center Director attends SCS Center Operations' Policy and Procedure Training and Texas Department on Aging and Disability Services (TXDADS) Senior Center and Congregate Meal State Standards Training. Training to be provided by SCS. 5. Provide training for center staff and volunteers on food handling procedures as required by state and local health departments. Food Handlers Training Certificates shall be provided for posting in kitchen/dining area as required by the Tarrant County Health Department. 6. Comply with all applicable Federal and State Guidelines for Congregate Nutrition Services as funded by the Older Americans Act of Congress, Title 111 -C1 and USDA with regard to meals served by SCS. Meals shall contain at least one -third of the current recommended dietary allowance established by the Food and Nutrition Board of the National Academy of Sciences, National Research Council. 7. Provide management, training and technical assistance relative to Congregate Meal Program operations. Provide copies of health inspection standards for food service sites, all health and safety codes, and other applicable regulations pertaining to the physical condition and maintenance of the facility relating to the congregate meal program. 8. Provide annual Operations and Food Service Sanitation Compliance site visits. 9. Provide a warming table and serving utensils and food service supplies as outlined in SCS Policy and Procedure Manual section 500.10 -19. 10. Ensure all nutrition and health education information supplied by SCS is available to all participants at the Senior Center. 11. Use the established, in- place, envelope system (as outlined in the SCS Center Operations Policy and Procedures Manual) for eligible participants to make contributions if they so choose. 12. Require all non - eligible visitors and staff served to pay five (6.00) per meal. 13. Use the established, in- place, collection and release procedure (as outlined in the SCS Center Operations Policy and Procedures Manual) to ensure all contributions and funds collected for the Congregate Meal Program are forwarded to SCS. 14. Provide activity roster attendance sheets for meal reservations. 15. Prepare and provide all forms, reports, statements, and documentation required as stated in the SCS Center Operations Policy and Procedures Manual. 16. Solicit participant representation from the Kennedale Senior Center to serve on the area wide SCS Agency Advisory Council. 2 In consideration of the agreement between the parties the CITY OF KENNEDALE agrees to provide the following resources and services related to the operation of a Senior Center and Congregate Meal Program. CITY OF KENNEDALE will: 1. Provide, at no cost to SCS, space within the Kennedale Senior Center located at 420 N. Bowman Springs Kennedale, Texas, Monday through Friday for the Congregate Meal Program. Delivery and serving times to be mutually agreed upon. The Kennedale Senior Center will be closed for the following additional holidays: (Please list holidays below) 2. Provide, at no cost to SCS, the following equipment to support the Congregate Meal Program, first aid kit, locking file cabinet, refrigerator, oven, tables, chairs, and secured storage for food service supplies. 3. Provide, at no cost to SCS, maintenance and utilities to support the Congregate Meal Program. 4. Comply with city /county /state health inspection standards for food service sites, all health and safety codes, and other applicable regulations pertaining to the physical condition and maintenance of the facility. 5. Complete an annual statement of In -kind contributions for facilities, and equipment. 6. Provide a copy of a Certificate of Insurance or letter of self - insurance and name of excess liability carrier to SCS, covering the facility and equipment. It is further agreed between the parties that the designated representative of SENIOR CITIZENS SERVICES will meet with the designated representative of the CITY OF KENNEDALE to review current operations and any necessary amendments when called upon. Any amendment to this agreement must be agreed upon in writing between the parties. It is further agreed between the parties that in case any one or more provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. It is further agreed that the CITY OF KENNEDALE shall indemnify, and hold harmless SENIOR It is further agreed that the CITY OF KENNEDALE shall indemnify, and hold harmless SENIOR CITIZEN SERVICES OF GREATER TA NT COUNTY, Inc., its officers, agents and employees harmless from any and all liability, demands, claims, actions losses, interests, costs of defense and expenses, including reasonable attorney fees arising from and in connection with the performance of this agreement if such liability, demands, claims, actions, losses, interests, cost of defense and expenses, including reasonable attorney fees are founded in whole or in part upon the negligence of the CITY OF KENNEDALE, its employees, servants, or agents. This Agreement shall be constructed in accordance with the laws of the State of Texas. Exclusive venue for any lawsuits or actions of law or in equity arising here under shall be in Tarrant County, Texas. EXECUTED this day of , 2010 SENIOR CITIZEN SERVICES OF GREATER TARRANT COUNTY, INC. BY Jero e H. Mosman T _F TITLE as EXECUTIVE DIRECTOR DATE 0 — CITY OF KENNEDALE IM Bob Hart TITLE as CITY MANAGER DATE 11 Date: September 9, 2010 Agenda Item No: XI -D Subject: Consider approval of Fort Worth Wholesale Customer Advisory Committee (WCAC) Appointments Originated by: Sakura Moten - Dedrick Summary: On July 6, 1989, the City of Kennedale entered into a contract (No. 17211) with the City of Fort Worth for the sale of treated water by the City of Fort Worth to the City of Kennedale, and for the last twenty (20) years, has utilized the original Wholesale Water Contract with very few amendments. With the input of the City's designated representatives and other member city committee members, Council recently approved a newly updated contract with the City of Fort Worth on July 10, 2010. The City of Fort Worth meet with each of its wholesale customers early on to gain inputs and concerns, and later addressed all recommendations /comments that it received during the initial interviews. The City of Fort Worth, its consultants and wholesale customers also met quite frequently over the last year or so to give and receive schedule updates and continue dialogue between all parties. Per Fort Worth's request, the City of Kennedale must appoint /re- appoint two designated representative to serve on the Wholesale Customer Advisory Committee (WCAC) for FY10 /11 & FY11 /12 and return the enclosed forms. For FY08 /09 & FY09 /10, the following representatives were: • Sakura Moten - Dedrick, Director of Finance & IT (Voting Member) • Larry Ledbetter, Public Works Director (Non- Voting Member) Recommended Motion: For FY10 /11 & FY11 /12, staff recommends the following individuals serve on the aforementioned Committee and represent the City of Kennedale: ® Sakura Moten - Dedrick, Director of Finance & IT (Voting Member) ® Mary Goza, Water Utilities Analyst /Operator (Non- Voting Member) Disposition by Council: Date: September 9, 2010 Agenda Item No: XI -E Subject: Consider authorizing the City Manager to execute a change order to the original contract with Gra -Tex Utilities, Inc. for additional services including labor and supplies for the High Ridge Road water and sewer project. Originated by: Larry Ledbetter Summary: Additions to the High Ridge Road water and sewer project were recommended by staff and the consulting engineering firm to include additional water services and manhole grade rings. The additions were necessary and unforeseen prior to the original bid package. Recommendation: Staff recommends payment of the change order to the original contract amount, to Gra -Tex Utilities, Incorporated in the amount of $6,300.00. CADocuments and Settings \cbrown\mydocuments \samplestaffreport Water and Sanitary Sewer Improvements for High Ridge Road TNP PROJECT NO. - KEN 09160 OWNER - City of Kennedale CONTRACTOR - Gra -Tex Utilities, Inc. Change Items Bid Quant. Increase Pay item 12 . 1 Additional concrete collars for sewer manholes Increase Pay Item 15 4 Additional 3/4" short water services Description of Work for Change Order No. 1 Date: August 6, 2010 Revised Quant, Unit Unit Quant. Change Price 1 4 3 1 EA 1 $300 8 1 4 1 EA ent Increase Pay Item 16 _ 6 10 1 4 1 EA 1 $750.001 $3,000.00 (Additional 3/4" Iona water services TOTAL $6,300.00 1 Page 2 of 2 Date: September 9, 2010 Agenda Item No: XI -F Subject: Consider approval of Change Orders No. 2 &3 relative to Bowman Springs Road construction Originated by: Larry Hoover, Street Superintendent Summary: The Bowman Springs Road project awarded to Jackson Construction Ltd. by the City Council on February 11, 2010 for $2,548,158.00 is currently under construction. The contractor, staff and the city engineer discovered some items that need to be addressed for the project. The first item on the change order No 2 is a result of the homeowner request to remove any ditch that would have remained from the original plan. Item two is the result of the negotiations for the right of way on property that fronts onto the proposed new road section just south of the intersection at Kennedale Parkway. The property owner wanted an additional drive approach and this was not in the original plans. Item Three (3) resulted from a revision in the bridge design criteria for the light poles on the bridge from Teague, Nall and Perkins Engineers. Item four (4) is the removal of existing water service and meter at the mobile home park. Staff requested the contractor provide this service to allow staff to address other water concerns in the city. Change order no 3 has one item that is the result of time delays associated with AT &T installing the new fiber optic communications along the new alignment of Bowman Springs Rd. The delay prevented the contractor from completing the utility installations and grading and paving to allow traffic to flow for the new school year. Staff requested that a one way unpaved lane be made available for traffic to access the school and points southward from Pennsylvania Avenue during construction until it is necessary to close the road for the completion of the work in that area. The total for change order no 2 is $65,923.64 contractor has asked to add thirty (30) days to contract totals will increase from $2,635,560.82 t 395 calendar days to 425. and change order no 3 is $ 11,459.00. The the contract to complete the added items. The :) $2,712,943.46 and the time will increase from Recommendation: Staff recommends approval CHANGE ORDER NO.2 DATE August 9, 2010 PROJECT Bowman Springs Road (TNP # KEN08305 -02) OWNER City of Kennedale CONTRACTOR Jackson Construction, Ltd. DESCRIPTION OF CHANGE AND /OR EXTRA WORK 1. Ref: Plan Sheet #24. Increase length of 18" RCP storm drain from Sta 2 +73.24 to Sta 4 +12.27 (in front of Holden property, 614 N. Dick Price Road) and connect 18" RCP to proposed 24" storm drain. Adjust quantities as follows: a. Delete two 3:1 18" RCP Headwall. (- $1400.00) b. Add 24" Class III RCP. (+ $344.00) c. Add 18" Class III RCP. (+ 2496.00) d. Add one 4:1 18" RCP Headwall. (+ $800.00) e. Add 5 SY Rock Rip Rap. (+ $310.00) Total Item #1 Change = + $2,550.00 Ref: Plan Sheet #27. Add a 40 -foot width driveway at Sta. 19 +39.69 for access to the Eagle Equipment Co. property that was recently subdivided. Add a 30" RCP culvert under the driveway. Adjust quantities as follows: a. Delete 50 LF 6' Chain Link Fence w /3- Strand Barb Wire (- $600.00) b. Increase 6" Reinforced Concrete driveway by 308 SY. ( +15,400.00) c. Increase 36" RCP by 80 LF. ( +$5280.00) d. Increase 36" 3:1 Sloped Headwall by 2 EA. ( +$4269.64) e. Add 1 EA 6'x 50' Chain Link Gates w /3- Strand Barb Wire Fence ( +$4200.00) f. Add 12 SY Rock Rip Rap. (+ $744.00) Total Item #2 Change = + $29.293.64 Ref. Plan Sheet #B -02 and #13-07. On Sheet # B -07, revise the anchor bolt pattern for the light pole base to an 8- 5/16" diameter bolt center line (per pole manufacturer's guidelines). Provide and install four Sternberg bridge light assemblies on the bridge railing columns in the revised locations indicated on the attached plan sheet B -02. Light poles shall be Sternberg 18 -foot height, Liberty 5500 12" diameter base, round smooth tapered shaft, Libertyville 1914LED luminaire, 4 -foot CBA arm with architectural bronze finish (per attached Sternberg specification). Provide light pole, base, arm, luminair, wiring, connections and other appurtenances shall be installed per the manufacturer's recommendations for a fully functioning lighting system. a. Add 4 EA Bridge Light Assembly. (+ $25,280.00) Total Item #3 Change = + $25,280.00 4. Ref. Plan Sheet 11. Remove existing water service and meter to previous mobile home park property located at 600 W Kennedale Parkway. Include barricades and traffic control on W. Kennedale Parkway, sawcut and removal of existing pavement, trench safety and excavation, cut and plug 2" water line back to the main line, trench backfill and replace concrete per TxDOT specifications. a. Add 1 LS Remove Water Service and Meter to Mobile Home Park. (+ $8,800.00) City of Kennedale — Bowman Springs Road Change Order #2 Page 1 of 3 Total Item #4., Chance '-- + t8.800.00 [I. ADJUSTMENTS IN CONTRACT PRICE TOTAL DECREASE IN CONTRACT PRICE $2,000.00 TOTAL INCREASE IN CONTRACT PRICE $67.9.23.64 NET .INCREASE PER THIS CHANGE ORDER' $65,923.64 ORIGINAL CONTRACT AMOUNT :$2,548,158.00 REVISED CONTRACT AMOUNT , PER PREVIOUS CHANGE/EXTRA WORK ORDER(S) $2,635 REVISED CONTRACT AMOUNT PER THIS CHANGE ORDER $2,701;4 111. ADJUSTMENTS IN CONTRACT TIME ORIGINAL CONTRACT TIME 365 (calendar dap) REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE/EXTRA WORK ORDER :396 (calendar days) ADJUSTMENTS TMENTS TO CONTRACT TIME PER THIS CHANGE/EXTRA WORK ORDER 30 (calendar days) REVISED CONTRACT TIME ------------ _126 (calendar days) City of Kennedale " Bowman Springs Road Change Order,42 Page .2 of 3 PROJECT: Tarrant County Bond Street Reconstruction Description of Work For Bowman Springs Road for Change Order No. 2 TNP PROJECT NO. - KEN08305 -02 Date: August 9, 2010 OWNER - City of Kennedale CONTRACTOR - Jackson Construction Price a. Pay Item #58 -18" Concrete 3:1 Sloping Headwall 2 1 0 -2 EA b. Pay Item #49 - 24" Class III RCP 1,496 1 1,504 8 LF c. Pay Item #51 - 18" Class III RCP 286 350 64 LF c. New Pay Item #58a - 18" Conc. 4:1 Sloped Hdwl 0 1 1 EA d. Pay Item #71 -18" Rock Ri rap 130 135 5 SY a. Pay Item #96 - 6' Chain Link Fence w/3 Strand 2,099 2,049 -50 LF Barbed Wire c. Pay Item #87 - 6" Reinforced Concrete Driveway 636 944 308 SY d. Pay Item #47 - 36" Class III RCP 437 517 80 LF e, Pay Item #54a - 36" Concrete 3:1 Sloping 2 1 4 2 EA Headwall f. Pay Item #97a - 6'x50' Chain Link Gate 2 3 1 EA w /3- Strand Barbed Wire d. Pay Item #71 - 18" Rock Riprap 135 147 12 SY a, New Pay Item #99d - Bridge Lighting Assembly 0 4 4 EA a. New Pay Item #18a - Remove Existing Water 0 1 1 EA Service & Meter to Mobile Home Park U 3.64 City of Kennedale - Bowman Springs Road Change Order #2 Page 3 of 3 CHANGE ORDER'NO.3 DATE August 26, 2010 PROJECT Bowman Springs. Road (TNP # KEN08305 -02) OWNER City of Kennedale CONTRACTOR Jackson Construction, Ltd. I. DESCRIPTION OF CHANGE AND /OR EXTRA WORK 1. Construct temporary one -way access roadway (920'x 12') on Bowman Springs Road for access to school due to dry utility.conflict (AT &Tduct bank construction.), a. Add Temporary Crushed Asphalt Access Roadway.. (+$11,459.00) Total Item #1 Change = + $11,459.00 ADJUSTME IN CONTRACT PRICE TOTAL_ DECREASE IN CONTRACT : PRICE $0.00. TOTAL INCREASE IN CONTRACT PRICE $11,459.00 NET INCREASE PER THIS CHANGE ORDER $11,459.00 ORIGINAL CONTRACT AMOUNT $2,548,158.00 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE /EXTRA WORK ORDER(S) $2,701,484.46 REVISED CONTRACT AMOUNT PER THIS 425 (calendar days) CHANGE ORDER $2,712,943.46 III. ADJUSTMENTS IN CONTRACT .TIME ORIGINAL CONTRACT TIME 365 (calendar days) REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE /EXTRA WORK ORDER 425 (calendar days) ADJUSTMENTS TO CONTRACT TIME PER THIS CHANGE /EXTRA WORK ORDER 0 (calendar days) REVISED CONTRACT TIME 425 (calendar days) City of Kennedale — Bowman Springs Road Change Order 43 Page 1 of 3 AGR BY C NTRACTOR: Jackson Construction, Ltd. AGCEP ED BY OWN R: l L Date: /0 City /of Kenne RECOMMENDED BY ENGINEER JF } Date: g LVIV Teague Nall 01perOns, Inc. H � STIGALL 83806 ? City of Kennedale — Bowman Springs Road Change Order #3 Page 2 of 3 Date: September 9, 2010 Agenda Item No: XII -G Subject: CASE # PZ 10 -09 to consider and receive comments regarding a request for a re -plat of approximately 45.696 acres from Ben Jopling Survey A 866 Tr 3B, James R Hawkins Survey A 792 Tr 1 B, and Swiney Subdivision Lot 6A, Lot 4 less SW corner, and W Pt 5, City of Kennedale, Tarrant County, Texas to Lots 1 and 2, Block A, Bowerman Addition, City of Kennedale, Tarrant County, Texas. The property is located at 1257, 1301, and 1409 Swiney Hiett Road, an unaddressed property on N Joplin Rd, and an unaddressed property on Coker Valley Dr. The replat is requested by Bowerman Oil & Gas. Originated by: Rachel Roberts Summary: This case relates to Case PZ 10 -05 heard two months ago by the council. At that time, staff stated that we would need to bring another plat request and related rezoning request in order to accept the proposed road dedications. This case is the plat component, and Case PZ 10 -10 is the rezoning component. • The plat meets all city requirements except the minimum lot size for proposed Lot 2. • The Planning & Zoning Commission recommended approval (see below). Attachments Application for final plat Plat drawing Illustration (map of property) Background When staff worked out the road dedications with the applicant/property owner, we realized that the dedication on the east side of the property (the dedication would connect Glenbrook to Joplin) would require the property owner to create two lots, rather than the one lot he had originally intended. Both lots would retain the existing Agricultural zoning classification unless rezoned, but as Lot 2 is too small to meet the minimum 1 -acre requirement for AG zoning, it would need to be rezoned in order to be accepted as part of the plat. For Case PZ 10 -05, we asked the property owner to submit to council a plat showing only the dedication that had been proposed on the west side of the property (connecting Cross Creek to a possible future extension of Glaze Lane), with a written note that he would later apply for another plat and rezoning to allow for the second right - of -way dedication. Case PZ 10 -09 is the plat staff asked the property owner to request. The proposed plat meets all city requirements except the minimum lot size for Lot 2. The next case, PZ 10 -10, is the rezoning request for that property. The owner requests R -3 zoning, the details for which are addressed in a separate staff report for Case PZ 10 -10. Past Action The Planning & Zoning Commission held a public hearing on this case during its meeting in August and recommended approval on the condition that the related rezoning case PZ 10 -10 also be approved; Case PZ 10 -10 was recommended for approval by the Commission. V. 10-0q City of Kennedale nal / (�eplcc� Mhor_P�at_Application APPLICANT NAME: SUB-DIVISION NAME:, LEGAL DESCRIPTION: CURRENT ZONING: - OWNER OF SURVEYOI ADDRESS: CITY: A [HNGINEE0 P HASES: - M6tVL_at DATE- 7 C afS ''_ O-ACRES: PROPOSED ZONING: P7 STATE: PAR -9 ML _5D —I CITY: APPLICANT SIGNATURE* OWNER SIGNATURE: SURVEYOR SIGNATURE: ENGINEER SIGNATURE:. DEVELOPER SIGNATUq� ATE: ZIP.• RHONE: 1 /6 7° 7 ) ON! ON al P m 91-ImPE =1 =71W, ZIP: PHONE: ZIP: DATE: 1 / 9110 'I DATE: DATE: __7 DATE: -DATE: pz | 0 - Oq Yu City of Kennedale APPLICANT NAME:_ , GUB'0VX5k]NNAME:. LEGAL DESCRIPTION: CURRENT ZONING: — DATE- 7 , Zl(,Ilo PROPOSED ZONING: OWNER OF RECORD. av 00 AD PHON CIT STATE: ZIP: 5URVEYO} ADDRESS: ADD APPLICANT SIGNATURE: OWNER SIGNATURE: SURVEYOR SIGNATURE: ENGINEER SIGNATURE:. DEVELOPER S_ IGNATURt ~ Z I Sli' T E Or DATE: qj1p DATE:-7/-/-?//O. vz ( 0 - /lq City of Kennedale Rnc#L,- Mk-ip-rPUt-Applicatio.n APPLICANT NAME:_� SUB-DIVISION NAME:, LEGAL DESCRIPTION' CURRENT ZONING: __ OWNER OF RECORD.- SURVEYO[ ADDRESS CITYA APPLICANT SIGNATURE:., OWNER SIGNATURE: --- SURVEYOR SIGNATURE: ENGINEER SIGNATURE: _ DEVELOPER o4^ � C PROPOSED ZONING: I -. 0 IT, N HASES: STATE: ZIP: Ehn MIE zl� / Fz 10 -0q City of Kennedale R nal VP-94 Mi-noarLP- 4- at-Application APPLICANT NAME: 1g B UG' ' 045 DATE: 7 SUB - DIVISION NAME: �C�Capf)itt� LEGAL DESCRIPTION; , r _ L~ '� r ails �) • /�Z ACRES: �1 t CURRENT ZONING: PROPOSED ZONING: BEING M.1- E—D.M: LOTS r� gg gs - °2 OWNER OF RECORD:. ADpRE,S °" PHON �i'11 -;� `5'1)C? ,. CITr� C�rc STATE: 5. zip. SURVEYOR ADDRESS: -. ` `; HONE, 1 7� 7 Z CITY. 44 r ENGINEER �1 . . �:<f _ _• ` .. _. ADDRESS '° z � �� P x OO 4 �— E• T' ZIP CITY,. - . �� a� �1 0 PHONE: CITY: STATE - ZIP mx Pr 1 f s 1�5.. .F � - a i ' 4 -= av�� it �i �. isv'v� APPLICANT SIGNATURE: l eS DATE: ! 1� 91 OWNER SIGNATURE: i _ fit~5, DATE: �P _ 1 SURVEYOR SIGNATURE: _ ' . - _ —__ -- DATE: -7 0 ENGINEER SIGNATURE: / DATE: DEVELOPER SIGNATU,Ft . _�_ _ DATE: City of Kennedale Roa�/�N�at Nnor-PAat-Applica APPLICANT NAME: ___j 8 UB-DIVISION NAME: LEGA CURRENT ZONING: __ OWNER OF CIT %-__V�; ADDREM APPLICANT SIGNATURE: OWNER SIGNATURE:,_ SURVEYOR SIGNATURE: ENGINEER SIGNATURE:. DEVELOPER nnt - mavi oc('5,,jfK,__ DATE 7&, WIN PROPOSED ZONING: STATE: ZIP: / Vfe5_ DATE: 911 �� V. 10 -0q City of Kennedale R na1 Mhor --P , APPLICANT NAME: 8cw t"!vl6t tj R UC C76(5 _,__ DATE: 7 ZI 6 SUB- DIVISION NAME: �jC�G�2�i1�tGt/<t /C�Cr'!C>y1 LEGAL DESCRIPTION'.., a ' � l '�� o' k?. r) "3 S ) • _Z ACRES: VS� K0 96 CURRENT ZONING: r e _ PR ZONING: BEiN.G — jp 'EI7?AS: LOS l Z ' ti l r - �J� � � err PHASES: r OWNER OF RECORD ADpRB ri r x PHON CIT' STATE: I . ffift ZIP SURVEYORS" Ey ADDRESS . HONE a CITY: r =� 0011 'TE:�'°� �� k 17 5, ENGINE ADDRESSx¢" I` ?�e . `�1�t ✓_ sc31 �_�H` __ ��b-� zo _ CITY- r- 'T. 5 f` TE: - 1 'x'. @0 ZIP V "DC 5 � r= '? �' � '', PHONE: 4 r � N.,— �A z CITY STATE — , Q ZIP �� ,. f J'. S - �R- Iu.T - � q y ! hY tys a,�fx . C'tiuY yd �9, n%:s , i"!� S-x x S� ;�— c -- � `�1.3i' DATE: � �� Jo APPLICANT SIGNATURE: , . _,_. _ SIGNATURE: (i�'S,_, DATE: a + Q , OWNER _ _ I 1 SURVEYOR SIGNATURE: " DATE:--7' /1 DATE: ENGINEER SIGNATURE: DEVELOPER SIGNATU __^_ _ RATE: - -- -. . Fz 10-0q City of Kennedale R nal Mkior--Rat-Application APPLICANT NAME: SUB-DIVISION NAME:, LEGAL DESCRIPTION: CURRENT ZONING: OWNER OF RECORD.' ADpRIiSS� ) CIT r b SURVEY ADDRESS CITY: r ENGINE I A ADDRE CITY: CITY: APPLICANT SIGNATURE: OWNER SIGNATURE: _ SURVEYOR SIGNATURE: ENGINEER SIGNATURE:. DEVELOPER SIGNATU* e.'-MaLJ'6�1 'f 0 T,__, DATE: - 7 , //(, , Llo j�ivjGt'il llil NO e a hdo _s N AC R ES: ? I IA _ PROPOSED ZONING:------ PHA SES:- ".K S A. �W K M = - + STATE: A 75 W2 E: STATE: PHON$'Vpl&a/ —zip: S H ONE R" el, L 7 all) _ ZIP: _� PHONE: ZIP: DATE: 71/ghp 171 A DATE: N'll DATE: 4� DATE: DATE: Vz 10 -0q City of Kennedale R oal / & I o-rPP Applicati APPLICANT NAME: , 1�3C)U06_rh' a0 // a14 - 0-700, , 1_ DATE: 7 SUB - DIVISION NAME: GCJ�f"iVam AclCji otl LEGAL. DESCRIPTION - 1=c��o . (/} -�f S NACRES: f ' CURRENT ZONING: � "r' PROPOSED ZONING: BEih1 PCA'II D�AS. LOTS] �` Z_ 5 "K `� � PHASES: e J ` OWNER OF RECORD 1 IBM u � ' 1 ��o_s . �S• 6RI1SSr r _ AD — C ZIP: ADDRESS: � j3� ' l H0NE : L 7 CITY: r �T'A'TE: EN /J GINE . ` � ` _ S� �TG :s ADDRESS M 1 x- N . x G 0 t) CITY r k% ZIP NC]fL"�RKIM �� , �� '�� a �� `�j� �� =�f`� PHONE: CITY: STATE: ZIP: _ APPLICANT SIGNATURE: DATE: � �� /0 OWNER SIGNATURE: DATE: _ I LN SURVEYOR SIGNATURE: _ ti . __ —_ -- DATE: _7/- 1 ENGINEER SIGNATURE: / - i Ul DATE: _ DEVELOPER. SIGNATUff�lz. _� _ DATE: " -- _ F7 (0-/lq City of Kennedale Rna�/Wof. mr APPLICANT NAME: SUB-DIVISION NAME:. LEGA CURRENT ZONING: - OWNER OF ADDRESS: - CITY: _ ENGINEqW 6_'rM6t0 O / 4 DATE: 7,&,410 1 MOW PHON - APPLICANT SIGNATURE: OWNER SIGNATURE: __ SURVEYOR SIGNATURE: ENGINEER SIGNATURE:. DEVELOPER SIGNATUOt PHONE: Z|F\- / v. to -oG City of Kennedale R oal / &- Iat o-r--- Application APPLICANT NAME: SUB - DIVISION NAME:, LEGAL DESCRIPTION: CURRENT ZONING: OWNER OF RECORD: V ADj]R>ZSSm CIT/ Or SURVEYOR G A ADDRESS: r, � CITY: 4r ENGINE ADDRE S CITY -' CITY: APPLICANT SIGNATURE: OWNER SIGNATURE: SURVEYOR SIGNATURE: ENGINEER SIGNATURE :. DEVELOPED SIGNATURt elrM L4'i /(J 'f C - 7C r;S ,.11� , DATE: C) � g - - 29 Z ACRES: PROPOSED ZONING: -_ Z A.I HASES: x STATE: _ ZIP: 1 E: Z( P OR `i� 1 Y S ! a 1 _ PHONE: _ STATE: �'" _ ZIP: AV DATE: I r , l3 DATE: N,I� ,•.. - - - --_ DATE: 19 r i'r7i1�1� _ DATE: _ RATE: `_ -- Case PZ 10 -09 Property replatted under PZ 10 -09 Pink= R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 k7. 11111111111112M I Lot 2, Block A l� Data from City of Kennedale and NCTCOG Legen Property replatted under PZ 10 -09 Pink= R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet r Data from City of Kennedale and NCTCOG Legen Property replatted under PZ 10 -09 Pink= R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Data from City ofKennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E s 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink= R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 0 250 500 1,000 Feet Data from City ofKennedale and NCTCOG Case PZ 10 -09 Property replatted under PZ 10 -09 Pink= R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 are approximate. N W +E S 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Date: September 9, 2010 Agenda Item No: X11-H Subject: Case PZ 10 -10 to consider and receive comments regarding a request for rezoning from AG Agricultural Zoning District to R -3 Single Family Residential Zoning District of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition. The property is located immediately south of Steeplechase Subdivision Block 3 Lot 34 and immediately west of Tract 3A1A, A -866, Ben Jopling Survey; a copy of the metes and bounds description is available at City Hall. The rezoning is requested by Bowman Oil & Gas. Summary: • The property owner has agreed to dedicate right -of -way for future roadways when platting his property (Case PZ 10 -09). • The right -of -way dedication for connecting Glenbrook to Joplin will create a non - conforming lot (Lot 2, Block A); the lot is too small for the property's current zoning (Agricultural). • The property owner requests that Lot 2 be rezoned to R -3 Single Family Residential. • Except for Lot 1 (the property from which Lot 2 was created), the property surrounding Lot 2 is zoned R -3, and Lot 2 was also zoned R -3 until earlier this year. • The rezoning will not conflict with the goals of the comprehensive land use plan or with the future land use plan. • The Planning and Zoning Commission voted to recommend approval of the rezoning. Attachments: • Map of subject property • Application for rezoning Request. The rezoning requested under this case was submitted with Case PZ 10 -09. The final plat considered under case PZ 10 -09 would create two lots; Lot 2 does not meet the minimum size requirements of the Agricultural zoning district category, so the property owner and city staff are requesting a rezoning so that both lots created by the plat are conforming lots. The property owner originally intended to create only one lot through the final plat. During a public hearing at a city council meeting earlier this year, the property owner agreed to dedicate right -of -way for future roads to provide secondary access to the Steeplechase subdivision. Secondary access has been a concern to Steeplechase residents and city staff. The subdivision has two sides, each with only one way of ingress and egress. The right -of -way dedication from the property owner would allow for future roadways to provide another way in and out of each side of the subdivision. As described in the staff report for Case PZ 10 -09, city staff and the property owner have been working on the size and location of the dedications. We determined the dedications that would work best to provide secondary access would be one on the east side of the property and one on the west side. The dedication on the west side of the property runs along the property edge and would not create any new lots. The dedication on the east side of the property (connecting Glenbrook to Joplin) would create Lot 2, which does not meet the size requirements for the zoning designation. Lot 2 would retain the Agricultural zoning classification, which requires a minimum of one (1) acre. We are requesting a rezoning of Lot 2 to R -3 Single Family Residential. The rezoning would allow the property to be platted with the dedication for the secondary access to the east side of Steeplechase. Lots 1 and 2 were recently rezoned to Agricultural; prior to the rezoning, they were zoned R -3 Single Family Residential. In addition, the properties surrounding the subject property are zoned R -3. The comprehensive plan's Future Land Use Plan identifies this area as low density residential, which is defined in the comprehensive plan as follows: [Residential, Low Density] — Single Family Residential Homes, this includes a broad range of housing sizes and values, it generally includes all detached single family houses regardless of the size of the lot or the size of the house. [p.8] The Agricultural zoning designation and all of the city's Single Family Residential zoning designations meet the city's definition of low- density residential, and therefore an R -3 classification for this property would not conflict with the future use plan. In addition, an R -3 zoning for the subject property would not conflict with the goals of the comprehensive land use plan. Past Action. The Planning and Zoning Commission held a public hearing on this case during its August meeting and voted to recommend approval. PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # - PZ 1 0--( O DATE: City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from It's current zoning ciassifi ation of " ( r�LU��ur / } to that of -3" ( swe tf,,, ;' /� ��7/} in It's entirety as shown on Exhibit "B" attached, The property totals som qg'/ acres. Legal Description is Zed 2 Present use of the propert Address of the property is Property Owner's Name: Address: Telephone Number: Applicant's Name: Address: Telephone Number: THIS IS TO CERTIFY THAT /� L� .l 11L- IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" ND DEPICTED IN EXHIBIT "B'", ON THE DATE OF THIS APPLICATION. Owner Signature Owner Signature Case PZ 10 -10 New lot created by PZ 10 -09 Property replatted under PZ 10 -09 Pink = R -3 zoning Yellow = R -2 zoning Brown = R -1 zoning Green = AG zoning Blue = PD designation White = outside city limits Note: property lines shown for PZ 10 -09 and PZ 10 -10 are approximate. N W +E S 0 250 500 1,000 Feet Data from City of Kennedale and NCTCOG Date: September 9, 2010 Agenda Item No: XII -1 Subject: Chair and vice -chair appointments to the Planning & Zoning Commission Summary: During its August meeting, the Planning & Zoning Commission made its recommendations for appointments to the positions of Chair and Vice - Chair. The commission recommends David Hunn for chair and Ernest Harvey as vice - chair. The current chair is David Hunn, and the current vice -chair is Ernest Harvey. The commission is composed of the following members: Member: Term Expires: David Hunn 2011 2001 Ernest Harvey 2012 2006 Lori Bryan 2012 2006 Ray Cowan 2011 1998 Frank Fernandez 2012 2007 Charles Overstreet 2012 2007 Billy Simpson 2011 2006 Jason Galloway (alternate) 2011 2009 Thomas Pirtle (alternate) 2012 2010 P &Z Commissioner Since: M Go C/) CD 0 -- 0 CL 3 :3 < CD 0) � w = (D (D 0 < (D CD N CD 11-1 1-1-1-1-1-111/20/2008 I 1— —1 1 112/18/2008 1/15/2009 NO MINUTES 2/19/2009 ...... NO MINUTES 3/19/2009 -1-1-1-1-1-1-14/16/2009 - -1-1-1 1-1-15/21/2009 - i Wi W1 W6/18/2009 moommommm • C) -n z (D z z 0 0 A (n CD m > Z Z 0 � 0 0 > N -n 0 0 X M in 0 M — z (D =3 X X 0) r 0 0 a) > 3 D cn u) 0 - n CD '< C) " ' (D w CL z 3 < - o ° '0 N CD N w M o (D CD (D -< CD r. N 7/16/2009 NO MEETING 8/1/2009 9/17/2009 - - - - -- 10/15/2009 11/19/2009 12/17/2009 . . . . . . it 1/21/2010 2/18/2010 . . ... 3/18/201 0 4/15/2010 . . . . . . . 5/20/2010 . . . 6/17/2010 7/15/2010 Co CD N) TOTA L z (D z z 0 0 A (n CD m > Z Z 0 � 0 0 > N -n 0 Cl 0 Z X M 0 M — z Z Z m G) 0 C-) m 0 0 0 > m Fn CD 0 z Date: September 9, 2010 Agenda Item No: XII -J Subject: Review and consider action to approve Ordinance No. 462 adopting 2010 -2011 Fiscal Year Budget Originated by: Sakura Moten - Dedrick Summary: According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. The proposed budget must be filed with the municipal clerk for public inspection, and a public hearing conducted on the budget with special notice published in relation to the budget hearing. At the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget, and it may make any changes in the budget that it considers warranted by the law or by the best interest of the municipal taxpayers. A vote to adopt the budget under this Chapter is in addition to and separate from the vote to set the tax rate required by Chapter 26, Tax Code, or other law. The following timetable represents key dates during which notices were published and meetings were conducted: 08/06/10 Publish Notice of Effective Tax Rate 08/20/10 Publish Notice of Public Hearing On Budget 09/02/10 Hold Public Hearing On Budget 09/09/10 Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget Recommended Motion: Staff recommends approval. Disposition by Council: ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; AMENDING BUDGET FIGURES FOR THE PRIOR FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; APPROPRIATING RESOURCES FOR EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND EXPENDITURES AS ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR THE FILING OF THE BUDGET AS REQUIRED BY STATE LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City has filed with the City Secretary a budget outlining all proposed expenditures of the Government of the City for the fiscal year beginning October 1, 2010, and ending September 30, 2011, (hereinafter referred as the "Budget "); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, specifically sets forth each of the various projects for which appropriations are delineated, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days before the date the City Council makes its tax levy for the fiscal year and such Budget has been available for inspection by any taxpayer; and WHEREAS, the public notice of public hearings on the proposed Budget, stating the date, time, place and subject matter of said public hearings, was given as required by the laws of the State of Texas; and WHEREAS, such public hearings were held on September 2, 2010, prior approval of such date being hereby ratified and confirmed by the City Council, and those wishing to speak- on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held thereon and has determined that the Budget attached hereto is in the best interest of the City and that same should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THAT: SECTION 1. All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. The Budget as set forth in Exhibit "A," of the revenue of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2010 and ending September 30, 2011, is hereby adopted and approved, and there is hereby appropriated from the funds indicated therein such sums for the projects, operations, activities, purchases, accounts and other expenditures proposed in the Budget. SECTION 3. That the revised figures, prepared and submitted by the City Manager for the prior fiscal year beginning October 1, 2009 and ending September 30, 2010, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved and appropriated. SECTION 4. No expenditure of the funds of the City of Kennedale shall hereafter be made except in compliance with the budget and applicable state law; provided, however, that in case of grave public necessity to meet unusual and unforeseen conditions, which could not by reasonable, diligent thought and attention have been include in the original budget, may from time to time be authorized by the City Council as amendments to the original Budget. SECTION 5. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, with the City Secretary. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, and any amendments thereto, in the office of the County Clerk- of Tarrant County, Texas, as required by State law. SECTION 6. Any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this ordinance are hereby repealed and rescinded to the extent of conflict therewith. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. That this ordinance be in full force and effect from and after its adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 9th day of September, 2010. APPROVED: MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY Date: September 9, 2010 Agenda Item No: XII -K Subject: Review and consider action to approve Ordinance No. 463, adopting 2010 Tax rate of $0.722500 per $100 of taxable value. Originated by: Sakura Moten - Dedrick Summary: According to the Texas Constitution and Property Tax Code, which both embody the concept of truth -in- taxation, a municipality is required to comply with certain steps in adopting their tax rate in an effort to make taxpayers aware of tax rate proposals and allow taxpayers, in certain cases, roll back or limit a tax increase. A vote to set the tax rate required by Chapter 26, Tax Code, is in addition to and separate from the vote to adopt the budget. The following timetable represents key dates during which notices were published and meetings were conducted: 08/06/10 Publish Notice of Effective Tax Rate 08/20/10 Publish Notice of Public Hearing On Budget 09/02/10 Hold Public Hearing On Budget 09/09/10 Adopt Budget, Adopt Tax Rate, Ratify Tax Increase Reflected In Budget Generally, the State law requires specific wording for a motion by a governing body when it adopts a tax rate that exceeds the lower of the effective or rollback rate ( "I move that the property tax rate be increased by the adoption of a tax rate of $X.XXXXX per $100 of taxable value, which is effectively a X.XX percent increase in the tax rate "). However, because our proposed tax rate does not exceed either the effective or rollback rate, the mandate governing a specifically worded motion does not apply. Recommended Motion: Staff recommends approval. Disposition by Council: AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITY OF KENNEDALE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; DIRECTING THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE CLAUSE. WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for the fiscal year beginning October 1, 2010, and ending September 30, 2011, hereinafter levied for current expenses and the general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved on the 9th day of September 2010, the budget for the fiscal year beginning October 1, 2010, and ending September 30, 2011; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THAT: SECTION 1. For the current expense of the City of Kennedale and for the general improvements of the City and its property, there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2010 and ending September 30, 2011, and for each fiscal year thereafter until it be otherwise provided and ordained, on all property situated within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation by valid laws, an ad valorem tax rate of $0.722500 cents on the One Hundred ($100.00) Dollars valuation of such property. $0.571103 For the purpose of maintenance and operation. $0.151397 For the purpose of interest and sinking. $0.722500 Total Tax Rate SECTION 2. That the taxes herein are levied according to law and shall be due and payable on October 1, 2010, and the same shall become delinquent on February 1, 2011. Should any taxpayer fail to make payment before the date of delinquency, the penalty as provided by law shall be assessed until the unpaid taxes and penalty have been satisfied. SECTION 3. Pursuant to the authority granted by Section 33.07 of the Texas Tax Code, in the event that 2010 taxes and taxes for all subsequent years become delinquent on or after February 1 but not later than May 1 of the year in which they become delinquent, and in the event such delinquent taxes are referred to an attorney for collection, an additional amount of twenty percent (20 %) of the total amount of tax, penalty and interest then due shall be added as collection costs to be paid by the taxpayer, for all taxes delinquent on or after July 1, 2011. SECTION 4. Pursuant to the authority granted by Section 33.08 of the Texas Tax Code, the City further provides that all 2010 taxes and taxes for all subsequent years that become delinquent on or after June 1 of the year in which they become delinquent shall, in order to defray the costs of collection, incur an additional 20% of the delinquent tax, penalty and interest. SECTION 5. In the event any section, sub- section, clause, sentence, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, sub - section, clause sentence, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, sub - section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 9th day of September, 2010. APPROVED: MAYOR, BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY Date: September 9, 2010 Agenda Item No: XII -L Subject: RATIFICATION OF PROPERTY TAX INCREASE IN FY2010 -11 BUDGET Originated by: Sakura Moten - Dedrick Summary: According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. In addition to the adoption of a budget, should that budget require raising more revenue from property taxes than in the previous year, the governing body must conduct a separate vote to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Recommended Motion: Required wording for a motion by a governing body to ratify a property tax increase in an approved budget. "I move that this budget will raise more total property taxes than last year's budget by $38,827 or $0.99 %, and of that amount $467 is tax revenue to be raised from new property added to the tax roll this year." Disposition by Council: Date: September 9, 2010 Agenda Item No: XII -M Subject: APPROVAL TO AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH BENEFIT BUCKS FOR SECTION 125 FLEXIBLE SPENDING ACCOUNT SERVICES Originated by: Kelly Cooper Summary: The City of Kennedale originally entered into a contract with Precision Administrators in 2006 for Health Care Flexible Spending Account services. Health care flexible spending accounts are employer- established benefit plans that reimburse employees for specified medical expenses as they are incurred. These accounts are allowed under section 125 of the Internal Revenue Code and are also referred to as "cafeteria plans" or "125 plans." The employee contributes funds to the account through a salary reduction agreement and is able to withdraw the funds set aside to pay for medical bills. The salary reduction agreement means that any funds set aside in a flexible spending account escape both income tax and Social Security tax. Employers may contribute to these accounts as well. There is no statutory limit on the amount of money that can be contributed to health care flexible spending accounts. However, some organizations place a limit of $2,000 to $3,000 on flexible spending accounts. Once the amount of contribution has been designated during the open enrollment period that occurs once each year, the employee is not allowed to change the amount or drop out of the plan during the year, unless he or she experiences a change of family status. By law, the employee forfeits any unspent funds in the account at the end of the year. After careful review of our current plan, staff, along with assistance from Brinson Benefits (insurance broker and employer /employee advocate) has recognized an opportunity to reduce current costs and maintain equivalent services by transitioning to Benefit Bucks (see attached comparison). While a separate company, Benefit Bucks' services are proprietary to Brinson and are only available to its clients and other outside brokerage firms. We believe this to be yet another added benefit given our continued relationship with Brinson. Recommended Motion: Staff recommends approval. Disposition by Council: - N Z M Date: August 12, 2010 Agenda Item No: X11-N Subject: Second reading to review and consider action to approve Resolution No. 333 authorizing and approving a loan from the office of the Governor Economic Development and Tourism Division authorizing the execution and delivery of the Loan Agreement and related documents authorizing the pledge of sales and use tax receipts and other matters in connection therewith. Originated by: Bob Hart Summary: The EDC has been working with Grover Corporation about consolidating and expanding their business in Kennedale. During the discussion, Grover expressed interest in a loan through the Texas Leverage Fund. The leverage fund began in 1992 as an additional source of financing to communities that have adopted an economic development sales tax. Communities may leverage future sales tax revenues to support job retention or creation. Loan programs are available for interim, long -term or gap financing; TLF loans provide flexible financing terms to match the unique needs of communities, with maturities of up to 15 years available. Generally, EDCs are eligible to borrow four to five times' annual sales tax revenues, up to $5 million. TLF loans are low -cost, providing capital to communities at floating Prime Rate, as published in the Wall Street Journal. Future sales tax revenues serve as collateral for loan repayment with required debt service coverage ratios specified in the Texas Leverage Fund Program Guidelines. Pledged tax collections not needed for actual debt service are available for other projects. The EDC is currently exploring an agreement with Grover (subject to the council's approval). The exploration is dependent on terms for the state; hence, it is necessary to obtain approval for an EDC loan. The EDC requests the council consider approving this resolution on the second reading. Should the EDC desire to move forward, it will take a vote of both the EDC and city council. Recommendations: Move to approve second reading of resolution 333 Program Description: The Texas Leverage Fund, introduced in 1992 as a community driven program, allows Economic Development Corporations (` EDC "), established pursuant to Section 4A and /or 4B of the Development Corporation Act of 1979 ( "Act "), to leverage the economic development sales and use tax to expand economic development through business expansions, business recruitment, and exporting. The program offers favorable terms designed to give communities quick access to capital to finance their economic development projects. Program participants must comply with the project eligibility requirements established by the Act and these guidelines which are intended to ensure the continuity of the Program and to expedite the review process. Program Authority ® Master° Resolution /First Supplemental Resolution The Master Resolution was adopted on September 9, 1992, and established a $300 million Taxable Commercial Paper Note Program for the purpose of providing funds for economic development loan programs. The First Supplemental Resolution initiated the program for an aggregate principal outstanding amount of $25 million. ® State of Texas Constitution, Article III, §52 -a ® Vernon's Texas Civil Statutes, Title 83, Article 5190.6,Development Corporation Act of 1979 ® Texas Administrative Code, Title 10, Part 5, Chapter 181 General Program Requirements 1) The purpose of the loan and the use of funds must comply with all applicable requirements of the Act. EDCs are permitted to use proceeds of the loan from the Office of Economic Development & Tourism ( "Division ") to fund any project as defined in the Act and as approved by the voters. 2) Participating cities will incur a factor of 0.50 on the Debt Service Coverage Ratio (DSCR) requirements if they have an underlying rating below investment grade by a Rating Agency. 3) Participating cities shall not have a total program obligation greater than five million dollars ($5,000,000). This may be the cumulative total of multiple projects. 4) Program Loans may be amortized for five, ten or fifteen years. No loan may be amortized for any period greater than fifteen years. 5) Participating cities must not have experienced a sales tax decline greater than ten percent (10 %) in the preceding 4 years. 6) All Program Loans are secured by a first lien pledge of tax receipts sufficient, as of the closing date, to comply with a Debt Service Coverage Ratio ( "DSCR ") based on the loan Last update 04.03.2008 1 of 5 term and the "Largest Fifteen Year Sales Tax Decline" as determined by the charts set forth below: For cities with an underlying rating above investment grade: For cities with an underl ing rating below investment grade: Debt Service Coverage Ratio for Loans with Terms up to: Largest Fifteen Year Sales Tax Decline 5 Years 10 Years 15 Years Less than 10% 1.6 1.7 1.8 10%-20% 1.7 1.8 1.9 20%-30% 1.9 2.0 2.1 30%-35% 1 2.0 1 2.1 1 2.2 35% plus 1 2.4 1 2.5 1 2.5 For cities with an underl ing rating below investment grade: 7) Participating cities must have Program Loans on parity with or superior to any other obligations secured by the tax receipts and owing or incurred while any portion of the Program Loan is outstanding to ensure that the Division will have no less than a parity claim at the most senior level to all pledged tax receipts. 8) If parity obligations exist or are incurred during the term of the Program Loan, the DSCR based on total projected debt service must exceed the ratios set forth above by a factor of 0.1 as of both the closing date of the Program Loan and the closing date of any parity obligations subsequently incurred. 9) The Division must be notified in advance of the issuance of any parity obligations, and that debt must be cross - defaulted with all parity obligations. 10) All Program Loans shall bear a variable interest rate equal to the Fed Funds Rate as noted by the Federal Reserve Board plus 3 %. The Division may, at its discretion, provide discounted rates for program participants with a credit rating of A (S &P or Moody's) or better. The Division has the ability to create a tiered structure on the chargeable interest on loans by utilizing the rate of a community, from time to time as program staff deem necessary. Last update 04.03.2008 2 of 5 Debt Service Coverage Ratio for Loans with Terms up to: Largest Fifteen Year Sales Tax Decline 5 Years 10 Years 15 Years Less than 10% 2.1 2.2 2.3 10%-20% 2.2 2.3 2.4 20%-30% 2.4 2.5 2.6 30%-35% 2.5 2.6 2.7 35% plus 2.9 3.0 3.0 7) Participating cities must have Program Loans on parity with or superior to any other obligations secured by the tax receipts and owing or incurred while any portion of the Program Loan is outstanding to ensure that the Division will have no less than a parity claim at the most senior level to all pledged tax receipts. 8) If parity obligations exist or are incurred during the term of the Program Loan, the DSCR based on total projected debt service must exceed the ratios set forth above by a factor of 0.1 as of both the closing date of the Program Loan and the closing date of any parity obligations subsequently incurred. 9) The Division must be notified in advance of the issuance of any parity obligations, and that debt must be cross - defaulted with all parity obligations. 10) All Program Loans shall bear a variable interest rate equal to the Fed Funds Rate as noted by the Federal Reserve Board plus 3 %. The Division may, at its discretion, provide discounted rates for program participants with a credit rating of A (S &P or Moody's) or better. The Division has the ability to create a tiered structure on the chargeable interest on loans by utilizing the rate of a community, from time to time as program staff deem necessary. Last update 04.03.2008 2 of 5 11) All Program Loan payments are payable by wire transfer on the first business day of each month. Payment amounts shall be adjusted by the Division upon a change in interest rate or a prepayment, and amortized over the original term of the loan. Program Diligence 1) Diligence shall be conducted on every application, which shall include but not be limited to the following areas: a. TLF Application, related correspondence, and documents b. Annual Financial Statement Analysis c. Sales Tax Revenue Review and Analysis d. Parity Debt Analysis e. Leverage Analysis f. Credit Review g. Administrative Review 2) Annual Reporting: a. Participating IDC Update form b. Participating IDC Financial Statement Analysis c. Sales Tax Income Review d. Parity Debt Review e. Credit Review Late payment and /or Default The following steps shall be taken in the event of default: 1) After the 7 t11 day of the month, if payment is not received, the IDC shall be notified by the Division of payment delinquency. 2) At 30 days, if payment is not received, the default rate shall apply effective retroactively to the initial day of delinquency. Local elected officials may be contacted. 3) At 60 days, the Division may issue a warning of lien enforcement. 4) At 90 days, the Division may enforce lien as per loan agreement and UCC filing. Last update 04.03.2008 3 of 5 Definitions Debt Service — cash required in a given period, usually one year, for payments of interest and current maturities of principal on outstanding debt. Debt Service Coverage Ratio (DSCR) — is the ratio of Estimated Tax Receipts Projected Debt Service Default Rate — means the interest rate of the loan participant plus a penalty rate of three percent (3 %) applied upon being 60 days overdue on a payment. Division — means the Office of Economic Development & Tourism Estimated Tax Receipts — the sum of the lowest twelve (12) consecutive months, of the eighteen (18) months immediately preceding the date of determination thereof, of Tax Receipts of the EDC. If such tax has been collected for less than eighteen (18) months, an estimate of the Tax Receipts which would have been collected had such tax been in effect will be used. IDC — means an Industrial Development Corporation established pursuant to Section 4A or 4B of Article 5190.6 of the Development Corporation Act of 1979. Largest Fifteen Year Sales Tax Decline - is a percentage decline in the total sales tax receipts of a participating city calculated as follows: (HIGH - LOW) x 100 HIGH Wherein "LOW" means the lowest sum of sales tax revenue receipts collected by the city for any calendar year (adjusted for changes in sales tax rates) during the fifteen (15) year period preceding the date of calculation, as determined from the most recent June 30 or December 31, as applicable, for which sales tax data is available, and "HIGH" means the highest sum of sales tax revenue receipts collected for any calendar year (adjusted for changes in sales tax rates) during this same period and which occurred in a calendar year preceding the calendar year in which the LOW occurred. Parity Obligations - are debt or other obligations, existing or incurred during the term of the Program Loan, secured in whole or in part by and payable from the Tax Receipts on a parity with the Program Loan and giving the holder an equal and ratable claim to the proceeds of the Tax Receipts. Projected Debt Service — means the annual Debt Service of the amount borrowed by a Participating IDC. Rating Agency — means S &P or Moody's Last update 04.03.2008 4 of 5 Underlying Rating —means the rating a rating agency's published assessment of a particular debt issue's credit quality absent credit enhancement. S &P publishes it as its SPUR rating, and Moody's publishes it as underlying. Last update 04.03.2008 5 of 5 RESOLUTION NO. 333 RESOLUTION APPROVING A RESOLUTION BY THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING AND APPROVING A LOAN AGREEMENT BETWEEN THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION AND THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM DIVISION AND RELATED DOCUMENTS, AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Kennedale, Texas (the "City ") created the Kennedale Economic Development Corporation (the "Corporation ") pursuant to Chapter 505(Type B) of the Development Corporation Act, Texas Local Government code, as amended (the "Act "), for the purpose of financing the costs of one or more projects within the meaning of the Act; WHEREAS, the levy by the City of an economic development sales and use tax for the benefit of the Corporation under the Act was authorized by a majority of the qualified voters of the City voting at an election called and held for that purpose; WHEREAS, the City has established and levied, and maintains and collects on behalf of the Corporation the economic development sales and use tax pursuant to the Act; WHEREAS, on receipt of the proceeds of the economic development sales and use tax, the City delivers the proceeds to the Corporation to use in carrying out its functions; WHEREAS, the Office of the Governor Economic Development and Tourism Division (the "Division ") has developed the Texas Leverage Fund Program to enable industrial development corporations, such as the Corporation, to leverage the economic development sales and use tax receipts described above by providing an alternative source of easy to access capital with favorable terms; WHEREAS, a draft form of the Loan Agreement between the Division and the Corporation (the "Loan Agreement ") has been presented to the City for its limited approval, pursuant to which the Division will lend from the Texas Leverage Fund to the Corporation the amount of One Million Seven Hundred Thousand Dollars ($1,700,000.00), the proceeds of such loan to be used for land acquisition and construction of a new facility and thereby finance the costs of the Project; WHEREAS, the Corporation submits to the City the Corporation's resolution authorizing and approving the Loan Agreement and related documents for the City's approval pursuant to Section 501.204(a) of the Act; WHEREAS, Section 501.073 of the Act requires that the City approve all programs and expenditures of the Corporation; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, THE CITY OF KENNEDALE THAT: Section 1. In accordance with the provisions of Section 501.204 of the Act, the Resolution Authorizing and Approving a Loan from the Office of the Governor Economic Development and Tourism Division, Authorizing the Execution and Delivery of the Loan Agreement and related documents, Authorizing the Pledge of Sales and Use Tax Receipts, and Other Matters in Connection Therewith, adopted by the Corporation on August 24, 2010, a copy of which is attached hereto as Exhibit A and made a part hereof for all purposes, is hereby specifically approved. Section 2. The City Council hereby approves the Loan Agreement in substantially the form and substance presented to the City Council and the Mayor is hereby authorized and directed, for and on behalf of the City Council to execute the Loan Agreement for the limited purposes stated therein, and the City Secretary is authorized and directed, for and on behalf of the City Council to attest the Loan Agreement, and such officers are hereby authorized to deliver the Loan Agreement. Section 3. In accordance with the provisions of Section 501.204 of the Act, the programs and expenditures of the Corporation authorized and contemplated by the Loan Agreement and related documents are hereby specifically approved. Section 4. All action (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council directed toward the Project shall be and the same hereby are, ratified, approved, and confirmed. Section 5. The officers of the City Council are hereby authorized to take all action in conformity with the Act necessary or reasonably required to effectuate the loan evidenced by the Loan Agreement, and to consummate the transactions contemplated by the Loan Agreement and this Resolution, including, without limitation, the execution and delivery of any and all other instruments, certificates, documents, or papers necessary to carry out the intent and purposes of the Loan Agreement and this Resolution. Section 6. This Resolution in no respect creates any liability of the City for repayment of the obligations created by the Loan Agreement. Section 7. If any section, paragraph, clause, or provision of this Resolution shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. In case any obligation of the City authorized or established by this Resolution is held to be in violation of law as applied to any person or in any circumstance, such obligation shall be deemed to be the obligation of the City to the fullest extent permitted by law. PASSED AND APPROVED this of September, 2010. Mayor, Bryan Lankhorst City of Kennedale, Texas ATTEST: Kathy Turner, City Secretary City of Kennedale, Texas EXHIBIT "A" RESOLUTION NO. 4 A RESOLUTION AUTHORIZING AND APPROVING A LOAN FROM THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM DIVISION, AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND RELATED DOCUMENTS, AUTHORIZING THE PLEDGE OF SALES AND USE TAX RECEIPTS, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Kennedale Economic Development Corporation (the "Corporation ") was created by the City of Kennedale, Texas (the "City ") pursuant to Chapter 505 (Type B) of the Development Corporation Act, Texas Local Government Code, as amended (the "Act "), for the purpose of financing the costs of one or more projects within the meaning of the Act; WHEREAS, the levy by the City of an economic development sales and use tax for the benefit of the Corporation under the Act was authorized by a majority of the qualified voters of the City voting at an election called and held for that purpose; WHEREAS, the City has established and levied, and maintains and collects on behalf of the Corporation the economic development sales and use tax pursuant to the Act; WHEREAS, on receipt of the proceeds of the economic development sales and use tax, the City delivers the proceeds to the Corporation to use in carrying out its functions; WHEREAS, the Office of the Governor Economic Development and Tourism Division (the "Division ") has developed the Texas Leverage Fund Program to enable industrial development corporations, such as the Corporation, to leverage the economic development sales and use tax receipts described above by providing an alternative source of easy to access capital with favorable terms; and WHEREAS, there has been presented to the Corporation a proposed form of the Loan Agreement between the Division and the Corporation (the "Loan Agreement "), including a Promissory Note from the Corporation to the Division (the "Note "), pursuant to which the Division will lend from the Texas Leverage Fund to the Corporation the amount of One Million Seven Hundred Thousand Dollars ($1,700,000.00), the proceeds of such loan to be used for land acquisition and construction of anew facility and thereby finance the costs of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPORATION THAT: Section 1. The Board hereby finds that the funds requested will be used for eligible "costs" of "projects" as defined in the Act. Page 1 of 3 10. :■. ;: Section 2. The Board hereby approves the Loan Agreement and the Note in substantially the form and substance presented to the Board and the President or any Vice President is hereby authorized and directed, for and on behalf of the Corporation, to execute the Loan Agreement and the Note, and the Secretary is authorized and directed, for and on behalf of the Corporation, to attest the Loan Agreement and the Note and to affix the seal of the Corporation thereon, and such officers are hereby authorized to deliver the Loan Agreement and the Note. Upon execution by the parties thereto and delivery thereof, the Loan Agreement and the Note shall be binding upon the Corporation in accordance with their respective terms and provisions. Section 3. The officers executing the Loan Agreement and the Note are hereby authorized to approve such changes thereto as they deem advisable. Section 4. The Board hereby authorizes the pledge and assignment to the Division of a lien on and security interest in the economic development sales and use tax receipts described above as security for the obligations of the Corporation under the Loan Agreement and the Note. Section 5. All action (not inconsistent with the provisions of this Resolution) heretofore taken by the Board and officers of the Corporation directed toward the Project shall be and the same hereby are ratified, approved, and confirmed. Section 6. The officers of the Corporation are hereby authorized to take all action in conformity with the Act necessary or reasonably required to effectuate the loan evidenced by the Loan Agreement and the Note, and this Resolution, including, without limitation, the execution and delivery of any contracts, loan agreements, security agreements and any and all other instruments, certificates, documents, or papers necessary to carry out the intent and purposes of the Loan Agreement, the Note, and this Resolution. Section 7. The Board hereby authorizes and directs the Executive Director, for and on behalf of the Corporation, to engage professionals to assist the Corporation in various activities with respect to the Project, including, without limitation, the borrowing of money as set forth herein and the monitoring of the construction of the Project. Section 8. The Executive Director of the Corporation is hereby directed and authorized to expend corporate funds in accordance with the Corporation's approved budget for "costs ", as defined in the Act, to the extent necessary to finalize and effectuate the Project. Section 9. If any section, paragraph, clause, or provision of this Resolution shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. In case any obligation of the Corporation authorized or established by this Resolution is held to be in violation of law as applied to any person or in any circumstance, such obligation shall be deemed to be the obligation of the Corporation to the fullest extent permitted by law. Page 2 of 3 10, 11 1, PASSED AND APPROVED this 24"' day of August, 2010. President, Robert Mundy ATTEST: Kathy Turner, Secretary Page 3 of 3 Date: September 9, 2010 Agenda Item No: XIV -O Subject: APPOINTMENT OF MAGISTRATES (EXECUTIVE SESSION) Originated by: Sakura Moten - Dedrick Summary: The magistrate program was introduced to the City of Kennedale in 2005 after special legislation was written during the 79th legislature to allow civilian volunteers to act as city magistrates under section 15.17 of the Code of Criminal Procedure. "Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. a. In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state. The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of an electronic broadcast system. The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel...." While this program and its current three (3) volunteer magistrates have enabled the City to save costs in the form of daily judge services, staff has recognized an opportunity for further expense reduction, and increased efficiency surrounding both court and police operations. Our Judge, the Honorable Bill Lane, highly endorses and supports both the Court Administrator (Jennifer Bozorgnia) and Director of Finance & IT ( Sakura Moten - Dedrick) to serve as the City's magistrates. Furthermore, in doing so, he has agreed to reduce his monthly service rate from $1,700 to $1,200, saving the City $6,000 annually. Judge Lane currently receives an additional $500 per month to oversee and assist our volunteers. Because the City will now utilize employees who 1) are already present on location on a daily basis, 2) have served in an actual court position, and 3) are familiar with court operations, procedures and laws, arraignments and other scheduling efforts should become more simplified and consistent. The two (2) new magistrates will work together to make themselves available on weekends to process defendants should there be the need. It is the City's intent to completely phase out the volunteer program in the coming months; however, until both new magistrates have attended their official non - attorney judge training (currently scheduled for Oct 13 & Dec 6 -10, 2010), staff does not desire to remove current volunteer magistrates at this time. The transitioning away from our current program of volunteer magistrates to that of the Court Administrator and Director of Finance & IT (employees) has been reviewed by TOASE. Recommended Motion: Staff recommends approval. -to�ej CITY Of KENNEDALE 405 Municipal Drive, Kennedale, Texas 76060 www.cityofl(ennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — SEPTEMBER 9, 2010 COUNCIL CHAMBERS WORK SESSION — 5:30 PM REGULAR SESSION — 7:00 PM I. CALL TO ORDER II. ROLL CALL —5 rte' L Ya III. WORK SESSION — 5:30 PM -ed L� 6 3 , z P M y A. Strategic Plan & Project discussion � "v,�( Yk B. Governance framework discussion C. Discuss and review any item on the agenda, if needed. *NOTE: Pursuant to Chanter 551 Texas Government Code, the City Council reserves the right to adioiern into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. IV. REGULAR SESSION — 7:00 PM bl INVOCATION Y• 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." �H. 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 4 REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc A. Mayor B. City Council C. City Manager XI. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of meeting minutes: August 12, 2010 B. Consider authorizing the City Manager to execute a change order with Conatser Construction TX, LP, for additional services including labor and supplies for the construction of the 16" water line "B" project. Consider authorizing City Manager to execute an Agreement with Sr. Citizen Services of Greater Tarrant County to operate Senior Center in Kennedale in an amount of $22,000.00 D. Consider approval of Fort Worth Wholesale Customer Advisory Committee (WCAC) appointments E. Consider authorizing the City Manager to execute a change order to the original contract with Gra -Tex Utilities, Inc. for additional services including labor and supplies for the High Ridge Road water and sewer project. F. Consider approval of Change Orders No. 2 & 3 relative to Bowman Springs Road Construction XII. REGULAR ITEMS Public hearing, review, and consider action on Case #PZ 10 -09, re -plat of approximately 45.696 acres from the Ben Jopling Survey, A -866, Tract 3B; James R. Hawkins Survey, A -792, Tract 1B; and Swiney Subdivision, Lot 6A, Lot 4 less SW corner, and W Pt. 5, City of Kennedale, Tarrant County, Texas to that of Lots I and 2, Block A, Bowerman Addition, City of Kemnedale, Tat County, Texas. The property is located at 1257, 1301, and 1409 Swiney Hiett Road, an unaddressed property on N. Joplin Road, and an unaddressed property on Coker Valley Drive. The re -plat is requested by Bowerman Oil i & Gas. Page 2 of 4 Motions and Votes Agenda Item XI. Consent Agenda Motion: 3 Second: 6T Discussion: �k , Vote: Ck OM� Agenda Item G. Case PZ 10-09 Motion: z � (9 -k Second:— wy Discussion: Discussion: Vote: Agenda Item I. Appointment of chair and vice-chair of P&Z _ Motion: ) C, z Second: Discussion: Vote: JH Agenda Item J. Ordinance No. 462, 2010-2011 fiscal year budget Motion: E7 Second: L C Discussion: Vote: Agenda Item K. Ordinance No. 463, adopting 2010 tax rate Motion: Second: Discussion: Vote: 0,u i v'1 Agenda Item L. ratify property tax increase reflected in the budget Motion: (yj �+D Second: Discussion: Vote: CA 0 n W 61 Agenda Item M. execute contract with benefit bucks Motion: L Second: 91 Discussion: 11 1 Vote: OJA 1 ��n Agenda Item N. second reading of resolution no. 333, loan from office of governor economic development and tourism division Motion: 6—S Second: kT Discussion: Vote: W� � Y\ - 6A ,(D) Agenda Item XV. Adjournment Motion: Second: Discussion: Vote: V� ti t t C C �J