2014_05.08 CC Packet - PublicKENNEDALE CITY COUNCIL
AGENDA
REGULAR MEETING
May 8, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. WORK SESSION
*NOTE: Pursuant to Section 551.071, 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 on the agenda.
A. Presentation of the Water/Sewer Master Plan by Freese and Nichols Engineers.
B. At this time the City Council will move to the Conference Room to conduct a Board/Commission
applicant interview.
III. REGULAR SESSION
IV. ROLL CALL
V. INVOCATION
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
“Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible.”
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.
Page 2 of 3
A. Updates from the Mayor.
- Certificates of appreciation to the 2013-2014 Youth Advisory Council
- Application and appointment process for City Council Place 3 vacancy
B. Updates from City Council.
C. Updates from the City Manager.
X. CONSENT ITEMS
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 authorizing City Manager to execute a contract with Tarrant County Tax Office for the
assessment and collection of ad valorem taxes levied by the City of Kennedale for the 2014 tax
year.
B. Discuss and consider approval of Resolution 425, denying the rate increase requested by Atmos
Energy Corporation, Mid-Tex Division.
C. Consider approval of minutes from April 10, 2014 regular meeting.
XI. REGULAR ITEMS
A. Consider appointment of Ashley Luu, Nadeya Patel, Emily Beck, Morgan Biscoe, Samantha
Randolph, Nicholas Johnson, Danielle Quaye, Shelby Flowers, Alison Villaire, and Jillian Melbourne
to the 2014-2015 Youth Advisory Council.
B. Discuss and consider appointing Glenn Shark to Place 5 of the Parks and Recreation Board.
C. Case # PZ 14-04 Public hearing and consideration of Ordinance 546 and Ordinance 547
regarding a request by Oscar and Wanda Rountree and Patricia Beatty and Johnny Byrd for a zoning
change from “C-2” General commercial district to “PD” Planned development district (residential) for
approximately 6 acres located at 6559 Hudson Village Creek Rd and 4079 Kennedale New Hope Rd,
Joel Snyder Survey A-1448 1B and 1 C, being a portion of a tract as described in a deed to Oscar
and Wanda Rountree, Instrument no. D190172874 and being a tract of land as described in a deed
to Patricia Beatty, Instrument no. D198096319, Kennedale, Tarrant County.
1.Staff presentation
2.Applicant presentation
3.Public hearing
4.Applicant response
5.Staff response and summary
6.Action by the City Council on Ordinance 546 -- Snyder PD-1, Rountree property, Hudson
Village Creek Rd
7.Action by the City Council on Ordinance 547 -- Snyder PD-2, Beatty/Byrd property, New
Hope Rd
D. Discuss and approve calendar for FY2014-2015 budget preparations.
E. Consider acceptance of the Water/Wastewater Master Plan from Freese and Nichols Engineers.
Page 3 of 3
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 of any item posted on the agenda, legal issues regarding
nonconforming uses, discussion of zoning issues in the city, and legal issues regarding the
preparation of developer's agreements.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
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 Amethyst Cirmo, City Secretary, at
817.985.2104 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the May 8, 2014, 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 at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter
551 of the Texas Government Code.
___________________
Amethyst G. Sloane , City Secretary
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: WORK SESSION - A.
I. Subject:
Presentation of the Water/Sewer Master Plan by Freese and Nichols Engineers.
II. Originated by:
III. Summary:
Representatives from Freese and Nichols will present the updated Water and Wastewater Master Plan. A
copy of the presentation is attached, and a copy of the full plan will be available before and during the
meeting.
Later on the regular agenda there is an item to accept this Plan.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
1.Presentation 04.2014 CC - Water Master Plan PPT.pdf
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______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: WORK SESSION - B.
I. Subject:
At this time the City Council will move to the Conference Room to conduct a Board/Commission applicant
interview.
II. Originated by:
III. Summary:
Please see the attached application from Glenn (Mickey) Shark, who has applied for a seat on the Parks
and Recreation Board.
Places 5, 8, and 9 are currently vacant. Staff recommends that Place 5 be considered.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.application (confidential)04.20.2014 Application.pdf
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - A.
I. Subject:
Updates from the Mayor.
- Certificates of appreciation to the 2013-2014 Youth Advisory Council
- Application and appointment process for City Council Place 3 vacancy
II. Originated by:
City Council, City Council
III. Summary:
The application process for Council Place 3 is as follows:
May 1 - June 4: Online applications available at www.cityofkennedale.com
June 4: Applications DUE by 5:00PM
June 9, 10, 11: Interview with City Council (evenings, times TBA)
June 11: Candidates notified of Council's recommendation (late evening or 1st thing in the morning on
the 12th)
June 12: New member appointed at regular Council meeting (7:00PM)
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from City Council.
II. Originated by:
City Council, City Council
III. Summary:
Updates and information, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager.
II. Originated by:
Bob Hart
III. Summary:
Updates and information, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: CONSENT ITEMS - A.
I. Subject:
Consider authorizing City Manager to execute a contract with Tarrant County Tax Office for the
assessment and collection of ad valorem taxes levied by the City of Kennedale for the 2014 tax year.
II. Originated by:
Sakura Moten-Dedrick, Director of Finance & IT
III. Summary:
This is an annual agreement under which Tarrant County serves as the tax assessor and collector for the
City of Kennedale, Texas. This agreement is substantially the same in form as it has been for several
years. The main factor which generally changes from year to year is the cost that we are charged by
Tarrant County to mail out tax statements.
For the 2014 Tax Year (FY2013-2014), the fee will be $1.10 cents per parcel. The prior year fee was
$1.10. This represents no change.
The City of Kennedale will be invoiced for all accounts based on the October billing roll certified to the
Tarrant County Tax Assessor/Collector by January 15 and payment must be received by February 15.
This contract must be executed and returned to the Tarrant County Tax Office no later than July 31, 2014.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.FY14-15 Tarrant County Tax Collection Contract 20140417150713279.pdf
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: CONSENT ITEMS - B.
I. Subject:
Discuss and consider approval of Resolution 425, denying the rate increase requested by Atmos Energy
Corporation, Mid-Tex Division.
II. Originated by:
Bob Hart
III. Summary:
The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division (“Atmos
Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). On or about
February 28, 2014, Atmos Mid-Tex filed with the City an application to increase natural gas rates
pursuant to the Rate Review Mechanism (“RRM”) tariff renewed by the City in 2013 as a continuation and
refinement of the previous RRM rate review process. This is the second annual RRM filing under the
renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide based on an alleged
test-year cost of service revenue deficiency of $49 million. Of the total amount requested, almost $37
million is attributable to the affected cities. The City worked with ACSC to analyze the schedules and
evidence offered by Atmos Mid-Tex to support its request to increase rates. Although a good faith attempt
was made by ACSC to reach a compromise with Atmos Mid-Tex, an agreement was not reached. In the
absence of an agreement, the ACSC Executive Committee and ACSC’s legal counsel have
recommended that ACSC members adopt the attached Resolution denying the rate increase request.
The RRM tariff was adopted by the City as an alternative to the Gas Reliability Infrastructure Program
(“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to
increase its rates annually to recover capital investments. In past years, cities have been able to reach a
compromise with Atmos to reduce the rate impact from the requested RRM increases, and these
compromises have also been lower than the rates that Atmos would have been entitled to under the
GRIP filing. In this case, the Company would have been entitled to an increase from GRIP of no more
than $31.5 million. The magnitude of the requested increase under the 2014 RRM filing, and the wide
differences between it and the ACSC consultants’ recommendations made a compromise much more
difficult and ultimately impossible. The Company demanded more than it would be entitled to if it had filed
a GRIP case. For this reason, the ACSC Executive Committee and ACSC legal counsel recommend that
all ACSC Cities adopt the Resolution denying the requested rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the
Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted
a renewed RRM tariff for an additional five years. This is the second RRM filing under the renewed tariff.
This filing was made by agreement less than one year after the first filing in order for the RRM rate-setting
process to hereafter use a calendar year as the test period.
Page 2 of 3
The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos
Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process. ACSC has opposed
GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of
Atmos’ expenditures, and does not allow participation by cities or recovery of cities’ rate case expenses.
In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment
as a substitute for GRIP filings. ACSC’s consultants have calculated that had Atmos filed under the GRIP
provisions, it would have received additional revenues from ratepayers of approximately $31.5 million.
Purpose of the Resolution:
Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the
Railroad Commission. The purpose of the Resolution is to deny the rate increase requested by Atmos.
Under the RRM tariff, Atmos may appeal the rate decision of the cities to the Railroad Commission; such
appeal must be filed within thirty (30) days of the City action.
The RRM tariff also allows Atmos to implement its requested rates effective June 1 while any appeal at
the Commission is pending, subject to refunds based upon the outcome of the appeal. This would
represent a monthly increase of approximately $2.02 for the average residential customer, subject to any
refund if the Commission reduces the rates implemented by Atmos. The actual impact will be slightly less
than $2.02 for most residential customers because the Company has indicated it will not appeal and thus
concedes several of the issues raised by Cities. The Resolution also authorizes the City to participate as
a party to the appeal in conjunction with the ACSC, and requires the Company to reimburse the City for
its rate case expenses associated with the City’s review of the RRM filing, and with the appeal of the
City’s denial of the rate increase.
Rate Impact of Appeal by Atmos Effective June 1:
The RRM tariff constrains the annual increase in the residential customer charge to no more than $0.50.
The current $17.70 customer charge will be increased to $18.22 per month with the addition of an energy
conservation program surcharge of $0.02. The current $17.70 customer charge for unincorporated area
customers will become $20.32 per month because all of the increase associated with a GRIP filing, which
is applicable to all customers not covered by a RRM tariff, is placed on the customer charge. However,
the commodity charge for unincorporated residential service will be less than one-half of the commodity
charge for residents of incorporated areas —$0.04172 per Ccf vs. $0.08998 per Ccf.
A comparison of rates and rate impact of what Atmos initially proposed in its RRM filing is reflected in the
following chart:
Customer
Class
Current
Bill
New Bill
Difference
New Customer
Charge
New Commodity
Charge
Base Rate
Increase
Residential 48.09
50.11 2.02 $ 18.22 $0.08998 Ccf 9.41%
Commercial 254.85
260.91 6.06 $ 38.85 $0.07678 Ccf 9.59%
Industrial 4,680.30
4,837.10 156.80 $675.00 declining block 9.70%
Transportatio
n 2,836.84
2,993.64 156.80 $675.00 declining block 9.70%
However, Atmos has indicated that it will not appeal all issues raised by Cities and thus the impact should
be slightly less than what is reflected in the above chart. A precise impact statement cannot be presented
until after the Company’s appeal is filed.
Reasons Justifying Approval of the Resolution:
Consultants working on behalf of ACSC Cities have investigated the Company’s requested rate increase.
While the evidence does not support the $45.7 million increase requested by the Company, ACSC’s
consultants agree that the Company can justify an increase in revenues of a much lesser
amount —namely, an increase of only $19 million. The Executive Committee authorized a settlement
Page 3 of 3
value considerably above the consultants’ recommendation but it was insufficient to meet the Company’s
expectation. The Company and ACSC Cities were too far apart in their positions to reach a compromise,
and rather than granting a partial increase that the Company will not accept, the option remaining is to
deny the rate increase request in its entirety, and participate in the Company’s appeal of this decision at
the Railroad Commission.
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph approves all findings in the Resolution.
2. This section denies the requested rate increase, finds the proposed rates to be unreasonable and not
in the public interest, and finds the existing rates to be just and reasonable.
3. This section requires the Company to reimburse ACSC Cities for reasonable ratemaking costs
associated with reviewing and processing the RRM application.
4. This section authorizes participation by the City in conjunction with ACSC in any appeal filed by the
Company at the Railroad Commission, and authorizes ACSC and its counsel to act on behalf of the City.
This section also requires the Company to reimburse ACSC Cities for reasonable ratemaking costs
associated with any appeal filed by the Company to the City’s resolution.
5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this
Resolution. This section further directs that the remaining provisions of the Resolution are to be
interpreted as if the offending section or clause never existed.
7. This paragraph directs that a copy of the signed Resolution be sent to a representative of the Company
and legal counsel for ACSC.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.R425 R425 - Atmos, denying rate increase.doc
4400408.1 1
RESOLUTION NO. 425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, DENYING THE RATE
INCREASE REQUESTED BY ATMOS ENERGY CORP.,
MID-TEX DIVISION UNDER THE COMPANY’S 2014
ANNUAL RATE REVIEW MECHANISM FILING IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION;
REQUIRING THE COMPANY TO REIMBURSE CITIES’
REASONABLE RATEMAKING EXPENSES PERTAINING
TO REVIEW OF THE RRM; AUTHORIZING THE CITY’S
PARTICIPATION WITH ATMOS CITIES STEERING
COMMITTEE IN ANY APPEAL FILED AT THE
RAILROAD COMMISSION OF TEXAS BY THE
COMPANY; REQUIRING THE COMPANY TO
REIMBURSE CITIES’ REASONABLE RATEMAKING
EXPENSES IN ANY SUCH APPEAL TO THE RAILROAD
COMMISSION; DETERMINING THAT THIS
RESOLUTION WAS PASSED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; AND REQUIRING
DELIVERY OF THIS RESOLUTION TO THE COMPANY
AND THE STEERING COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the City of Kennedale, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have
joined together to facilitate the review of and response to natural gas issues affecting rates
charged in the Atmos Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review
4400408.1 2
process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas
Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff
process for an additional five years; and
WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City
for an additional five years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’
reasonable expenses associated with RRM applications; and
WHEREAS, on or about February 28, 2014, the Company filed with the City its second
annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates
by $45.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to investigate issues
identified by ACSC in the Company’s RRM filing; and
WHEREAS, ACSC attorneys and consultants have concluded that the Company is unable
to justify a rate increase of the magnitude requested in the RRM filing; and
WHEREAS, ACSC’s consultants determined the Company is only entitled to a $19
million increase, approximately 42% of the Company’s request under the 2014 RRM filing; and
WHEREAS, the Company would only be entitled to approximately $31 million if it had a
GRIP case; and
4400408.1 3
WHEREAS, the Company’s levels of operating and maintenance expense have
dramatically risen without sufficient justification; and
WHEREAS, the Company has awarded its executives and upper management increasing
and unreasonable levels of incentives and bonuses, expenses which should be borne by
shareholders who received a 23% total return on investment in 2013; and
WHEREAS, the Company requested a drastically high level of medical expense that is
unreasonable and speculatively based upon estimates; and
WHEREAS, ACSC and the Company were unable to reach a compromise on the amount
of additional revenues that the Company should recover under the 2014 RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and
consultants, recommend that ACSC Cities deny the requested rate increase; and
WHEREAS, the Company’s current rates are determined to be just, reasonable, and in the
public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
Section 1. That the findings set forth in this Resolution are hereby in all things approved.
Section 2. That the City Council finds that Atmos Mid-Tex was unable to justify the
appropriateness or the need for the increased revenues requested in the 2014 RRM filing, and
that existing rates for natural gas service provided by Atmos Mid-Tex are just and reasonable.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company’s RRM application.
Section 4. That in the event the Company files an appeal of this denial of rate increase to
the Railroad Commission of Texas, the City is hereby authorized to intervene in such appeal, and
4400408.1 4
shall participate in such appeal in conjunction with the ACSC membership. Further, in such
event Atmos Mid-Tex shall reimburse the reasonable expenses of the ACSC Cities in
participating in the appeal of this and other ACSC City rate actions resulting from the 2014 RRM
filing.
Section 5. That the meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Resolution is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
Section 7. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris
Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
RESOLVED this 8th day of May, 2014.
_________________________________
Mayor John Clark
ATTEST:APPROVED AS TO FORM:
________________________________________________________________
City Secretary, Amethyst G. Sloane City Attorney, Wayne K. Olson
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: CONSENT ITEMS - C.
I. Subject:
Consider approval of minutes from April 10, 2014 regular meeting.
II. Originated by:
Amethyst G. Sloane, City Secretary and Communications Coordinator
III. Summary:
Please see the attached minutes.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.draft minutes 04.10.2014 CC Minutes.doc
KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
April 10, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
Mayor Clark called the meeting to order at 5:30PM.
II. WORK SESSION
A. Update from Senior Citizen Services of Greater Tarrant County.
Marcus Rockwell from Senior Citizen Services of Greater Tarrant County introduced himself to Council
and provided an update on the status of the Senior Center’s programming and outreach initiatives,
noting that 89 unique customers were served in Kennedale last year.
B. Report from the Keep Kennedale Beautiful Commission regarding the Adopt-A-Spot program.
Michael Chandler, Chair of the Keep Kennedale Beautiful Commission approached the Council and
described the proposed program, which would be managed by the Commission and the Parks and
Recreation Board.
III. EXECUTIVE SESSION (1) 6:00PM
A.The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to interview candidates for the 2014-2015 Youth Advisory Council.
Council interviewed applications for the Youth Advisory Council. NOTE: This item was held in
open session and not in executive session.
IV. REGULAR SESSION
V. ROLL CALL
VI. INVOCATION
VII. UNITED STATES PLEDGE
VIII. TEXAS PLEDGE
Page 2 of 4
IX. VISITOR/CITIZENS FORUM
One individual signed up to speak.
1.Jeremiah Wunneburger, Executive Director of the Chamber of Commerce, approached the
Council to announce the next Chamber luncheon, which will be held on April 16, 2014.
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. Updates and information from the Mayor
- City Marshal and Municipal Court results from the annual "Great Texas Warrant Round-Up."
Sakura Moten-Dedrick, Tiffany Pennhallegon, and City Marshal Clarence Bullocks approached the
Council. Ms. Moten-Dedrick noted that the City Marshal’s office has been highly successful and that the
City plans on maintaining this office.
Mayor Clark relayed information from the recent Mayor’s Council meeting, noting that discussions were
held related to sustainable city infrastructure, solar power, and renewable energies.
B.Updates and information from Councilmembers.
- Councilmember Johnson noted that on November 4, 2014 a state constitutional amendment
dealing with transportation funding in Texas would be on the ballot. He encouraged the
community to get out and vote.
-Councilmember Turner asked that Councilmembers look into personally reaching out to the
community for volunteers for various events.
-Councilmember Overstreet noted that Art in the Park went very well, and commended city staff
and volunteers on a job well done.
C. Updates and information from the City Manager.
Bob Hart presented updated information on potential FEMA Hazard Mitigation Grants, noting that
due to flooding in the Austin area last year new grants would soon become available. He also noted
that a voluntary buyout program was now offered by FEMA, and that the city has contacted
homeowners in the village creek area regarding this program.
XI. CONSENT ITEMS
A. Consider approval of minutes from the March 13, 2014 regular meeting.
B. Consider action regarding a notice from the Public Utility Commission (PUC) of Texas for a
Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line
rates.
Motion To approve the consent agenda as presented. Action Approve, Moved By Brian Johnson,
Seconded By Charles Overstreet.
Motion Passed Unanimously
Page 3 of 4
XII. REGULAR ITEMS
A. CASE # PZ 14-02 Consider approval of a request by Terry Jobe for a Final Plat for approximately
20.5 acres out of an approximately 45-acre parcel located at 925 Mansfield Cardinal Rd, legal
description of J M Lilly Survey A 980 Tr 2 and A 985 Tr 3, Kennedale, Tarrant County, to create The
Vineyard Phase I.
Rachel Roberts approached the Council, noting that this area includes 57 residential lots and 5
common area lots and is in line with both the comprehensive land use plan and all city regulations.
Motion To approve CASE # PZ 14-02 as presented. Action Approve, Moved By Brian Johnson,
Seconded By Charles Overstreet.
Motion Passed Unanimously
B. Consider approval of a city-developer agreement for The Vineyard Phase I.
Rachel Roberts approached the Council, noting that as the final plat had been approved, the
developers agreement would complete this portion of the process. This is the standard agreement with
the developer and the property owner.
Motion To approve a city-developer agreement for The Vineyard Phase I as presented. Action
Approve, Moved By Liz Carrington, Seconded By Kelly Turner.
Motion Passed Unanimously
C. Discuss and consider approval of the Adopt-A-Spot Program as proposed by the Keep Kennedale
Beautiful Commission.
Kelly Cooper reiterated the information that Michael Chandler explained during the work session, noting
that the program would be managed by the Commission and would give interested residents an
opportunity to be involved in the beautification and upkeep of their community.
Motion To approve the Adopt-A-Spot Program as presented. Action Approve, Moved By Charles
Overstreet, Seconded By Liz Carrington.
Motion Passed Unanimously
D. Consider approving Resolution 425 in support of a Constitutional amendment for increased state
funding for transportation.
City Attorney Wayne Olson noted that due to certain potential issues with the Election Code, Council
should consider pursuing support for this amendment through other methods.
This item was removed from the agenda. No action was taken.
E. Consider setting a date for newly elected Councilmembers to take oaths of office.
Motion To hold a special meeting to issue oaths of office to elected Councilmembers on May 13 th
and 5:30PM. Action Approve, Moved By Charles Overstreet, Seconded By Liz Carrington.
Motion Passed Unanimously
Page 4 of 4
XIII. EXECUTIVE SESSION
No executive session was held.
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
No executive session was held.
XV. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By Brian Johnson, Seconded By Liz Carrington.
Motion Passed Unanimously
The meeting was adjourned at 7:49PM.
APPROVED:ATTEST:
__________________________________________________________________
Mayor John Clark City Secretary Amethyst G. Sloane
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Consider appointment of Ashley Luu, Nadeya Patel, Emily Beck, Morgan Biscoe, Samantha Randolph,
Nicholas Johnson, Danielle Quaye, Shelby Flowers, Alison Villaire, and Jillian Melbourne to the 2014-
2015 Youth Advisory Council.
II. Originated by:
III. Summary:
Council interviewed all applicants during the April 10, 2014 work session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REGULAR ITEMS - B.
I. Subject:
Discuss and consider appointing Glenn Shark to Place 5 of the Parks and Recreation Board.
II. Originated by:
III. Summary:
Based upon the interview, Council will consider appointment of the applicant to the associated board.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
Table or deny.
VIII. Attachments:
Staff Report to the City Council
Date: May 8, 2014
Agenda Item No: XI. REGULAR ITEMS - B
I. Subject:
Case # PZ 14-04 Public hearing and consideration of Ordinance approval regarding a request by Oscar and
Wanda Rountree and Patricia Beatty and Johnny Byrd for a zoning change from “C-2” General commercial
district to “PD” Planned development district (residential) for approximately 6 acres located at 6559
Hudson Village Creek Rd and 4079 Kennedale New Hope Rd, Joel Snyder Survey A-1448 1B and 1 C, being a
portion of a tract as described in a deed to Oscar and Wanda Rountree, Instrument no. D190172874 and
being a tract of land as described in a deed to Patricia Beatty, Instrument no. D198096319, Kennedale,
Tarrant County.
(1) Staff Presentation
(2) Applicant Presentation
(3) Public Hearing
(4) Applicant Response
(5) Staff Response and Summary
(6) Action by the City Council
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request: Rezone from “C-2” to PD (for residential use)
Location: New Hope Rd and Hudson Village Creek, near the southern city limits
Applicant: Oscar Rountree, Wanda Rountree, Patricia Beatty, and Johnny Byrd
Background.
The subject properties were annexed by the City of Kennedale in 2003. Before annexation, the
Rountree property (Tract 1B) was used for residential purposes and has continued to be used as a
residence, with two mobile homes (one for the Rountrees, and one for their daughter and her husband)
and several storage buildings. The Beatty property (Tract 1C) is vacant and has been for as long as Ms.
Beatty and Mr. Byrd have owned it.
The Rountrees would like to subdivide their property into two lots and build a new single family home
on one of the newly created lots. The single family home would be built and occupied by the Rountree’s
son and his family. Mr. Byrd and Ms. Beatty want to subdivide the Beatty property into three lots and
2
build single family homes. The property owners in both cases are prohibited from building residences on
their respective properties due to the commercial zoning designation. The owners therefore request to
rezone the properties for residential use. In addition, the Rountrees would like to build a home in the
Victorian style or similar, which would require deviating from the city’s masonry requirements. The
rezoning request is therefore for a residential Planned Development district.
City staff asked the property owners of both tracts to apply together, so their requests are considered
under a single agenda item, but please note that you are considering two separate ordinances under this
same item. The ordinance for Snyder PD-1 would control the Rountree property, and the ordinance for
Snyder PD-2 would control the Beatty property.
Land uses on the properties surrounding the subject sites within the Kennedale city limits, as classified
by the Tarrant Appraisal District, are residential (single family and mobile home), commercial (race tracks),
vacant residential, and ranch land/acreage. Surrounding land is zoned R-1 Single Family Residential (across
New Hope Rd) and C-2 General Commercial (adjacent properties). The properties across Hudson Village
Creek are not within the city limits.
Application Requirements.
The city code requires applicants for a planned development district of less than five acres in size to
submit a concept plan for the proposed district. The applicants for both properties have submitted
concept plans, attached to the draft ordinances as exhibits. The concept plan requirements for a PD of this
size are not nearly as detailed as for properties five acres or larger, so you will not see some of the level of
detail you’ve seen for other PD developments. Due to the proposed uses and the size of these properties,
and combined with the level of control provided through the draft PD ordinances, staff are comfortable
with the information provided in the concept plans and consider the concept plans to be in keeping with
city code requirements.
Staff Review.
Brief outline of proposed development standards .
The draft ordinances draw from existing regulations for large lot residential districts but also have
some different regulations, as is usual for planned development districts.
The proposed ordinances would:
Have the same minimum lot width and depth requirements as AG districts;
Require properties in PD-1 to have a similar (slightly smaller) minimum lot size as R-2;
Require properties in PD-2 to have the same minimum lot size as AG;
Require the same minimum livable area for primary structures as AG, R-1, and R-2 zoning districts;
Have the same building height limit for primary structures as AG and R-1 districts, while allowing
for some decorative features such as cupolas to exceed the height maximum;
Allow the use of Hardie-Plank or equivalent materials (no masonry requirement for PD-1; Hardie-
Plank allowed for 20% non-masonry materials in PD-2);
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Allow guest houses (with a size restriction); and
Allow for circular drive ways to facilitate access onto adjacent roads, since these lots are not large
enough to provide driveway access from an interior street system,
Compliance with the comprehensive land use plan.
The comprehensive land use plan identifies this area as Neighborhood, with an overlay for Park and
Open Space along the branches of the creek. Neighborhood character districts are intended to be
primarily residential in nature, and a rezoning to a residential zoning classification would be in keeping
with this character. Park and Open Space character areas are intended to create or preserve spaces that
could be used for recreation as well as for transportation, in the form of trails that connect neighborhoods
and link Kennedale with surrounding communities. As you can see on the attached exhibits, the creek
touches only the southern edge of the Beatty property and only one corner of the Rountree property, so it
is unlikely these properties would be the site of future trails. In addition, the concept plans indicate no
structures will be built along creek banks, so if trails were added in the future, the development permitted
through the proposed PDs should allow ample space. Staff therefore considers the requested residential
rezoning to be in keeping with the Future Land Use Plan.
The only goal in the comprehensive plan that ties directly to this request is “Promote access to
housing” under Principle # 2 -- Economic Prosperity. This goal encourages providing housing options for
people of varying residential preferences. The Rountree proposal in particular offers a different housing
option than what can be found in Kennedale now. Staff considers the requested rezoning to be in
compliance with the comprehensive land use plan.
Compliance with the strategic plan.
The strategic plan’s goals do not relate directly to this request. The plan calls for exploring the idea of
residential development for properties in this area, but the focus is on property to the west of New Hope
Rd.
Compliance with City Council priorities.
The city council priority “Enhance the Business Climate” relates to this rezoning request, albeit
indirectly. Increasing the number of residents, particularly the residents on this side of Kennedale, could
help Kennedale businesses, and rezoning property from commercial to residential increases the potential
for more residential development (and thus more residents) in this part of Kennedale.
Staff Recommendation.
The request is in compliance with the comprehensive plan and with council priorities and does not
conflict with the strategic plan. Staff recommends approval of the request for rezoning (both PD
ordinances).
Planning & Zoning Commission Review and Recommendation.
The Planning & Zoning Commission considered this case at its meeting on April 17 th . The Commission
noted that although the ordinances specify setback requirements for main structures, they do not include
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setbacks for accessory buildings, and the Commission preferred these regulations to be included, too. The
Commission voted to recommend approval of Case PZ 14-04 with the addition of a requirement that
accessory buildings be a minimum of eight feet from rear and side lots lines and eight feet from the main
structure (this is similar to the standard requirement for accessory buildings in Kennedale’s existing
residential zoning districts).
City Council Action on Case PZ 14-04.
For your reference, sample motions are provided below. The motions are for your reference only,
and you are not required to use any of the motions listed.
APPROVE
I find the request to be in compliance with the comprehensive land use plan and make a motion to
approve Case PZ 14-04.
APPROVE WITH CHANGES
I find the request to be in compliance with the comprehensive land use plan and make a motion to
approve Case PZ 14-04, subject to the following changes to the ordinance [or changes to the concept plan ]
[state the changes ].
DENY (YOU MAY SPECIFY WITH OR WITHOUT PREJUDICE)
I make a motion to deny Case PZ 14-04. [if desired, you may state that the denial is with prejudice or
without prejudice.]
APPROVE REZONING TO A DIFFERENT ZONING DISTRICT
Note: Council may change the zoning designation on a portion of the property in question, instead of the
full property requested. Council may also consider and approve any zoning classification set forth in the
city's adopted zoning ordinance having a lesser intensity and being more restrictive than the zoning
designation requested by the applicant.
4 0 7 9
6 5 5 9
2 0 2 5
H U D S O N V I L L A G E C R E E K
E
P a r c e l b o u n d a r y d a t a f r o m t h e T a r r a n t A p p r a i s a l D i s t r i c t
R o a d d a t a f r o m N o r t h C e n t r a l T e x a s C o u n c i l o f G o v e r n m e n t s
0 1 0 0 2 0 0 F e e t
S y m b o l s
P Z 1 4 -0 4 s i t e o f r e z o n i n g r e q u e s t
K e n n e d a l e c i t y l i m i t s
S i t e o f R e z o n i n g R e q u e s t (P Z 1 4 -0 4 )
H U D S O N R D
K E N N E D A L E N E W H O P E R D
E 0 2 5 5 0 F e e t
T r a c t 1 B
K E N N E D A L E N E W H O P E R D
E 0 2 5 5 0 F e e t
T r a c t 1 C
1
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING C E R T A I N PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM “C-2” GENERAL COMMERCIAL DISTRICT
TO “PD” PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH
CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREA S , the City of Kennedale Texas is a Home Rule muni c i pality acting un d er its
charter adopted by the electora t e pursuant to Article XI, of the Texas Constitution and
Chap t e r 9 of the Local Government Code; and
WHEREA S , pursuant to Chapter 211 of the Local Government Cod e , the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, ot h e r structures and land for business, industrial, residential, or other purpose s ,
for the purpo s e of promoting the public healt h , safety, morals and general welfar e , all in
accordance with a comprehen s ive plan; and
WHEREAS, Oscar Rountree and Wanda Rountree, which have a proprietary interest
in said property being an approximately two acre tract in the Joel Snyder Survey A-1448,
more particularly described as Joel Snyder Survey A-1448 1B, being a portion of a tract as
described in a deed to Oscar and Wanda Rountree, Instrument no. D190172874
Kennedale, Tarrant County, Texas, have filed an application to rezone the property from
its present classification of “C-2” General Commercial District to a "P D" Planned
Development District; and
WHEREAS, the comprehensive land use plan classifies said property as
“Neighborhood,” which calls for residential use; and
WHEREAS, the City of Kennedale believes the request as proposed would help
achieve the vision set forth in the comprehensive land use plan; and
WHEREA S , the City Council has determined that a planned development zoning
district is the most appropriate zoning district to facilitate the development of the property;
and
WHEREA S , a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on the 1 7 t h day of April 2014 and by the City Council of the
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City of Kennedale on the 8 th day of May 2014 with respect to the zoning changes
described herei n ; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest
to amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT O RDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1:
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or
restric t e d as shown and described below:
An approximately six acre tract in the Joel Snyder Survey, more particularly
described as Joel Snyder Survey A-1448 1B, being a portion of a tract as
described in a deed to Oscar and Wanda Rountree, Instrument no.
D190172874 Kennedale, Tarrant County, Texas ("the Property''), as more
particularly described on Exhibit "A" attached hereto and incorporated
herein, from “C-2” General Commercial District to S n y d e r S u r v e y Planned
Development District No. – 1 (“Snyder PD 1”) for residential use with
modified restrictions, as more fully described on the Concept Plan, attached
hereto as Exhibit “C” and incorporated herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set
forth below. The use of the Property shall further conform to the standards and regulations
of the “R-1” Single Family Residential district and to Chapter 17, Division 10 Subdivision
Design Criteria of the City of Kennedale City Code, to the extent not modified in this
Ordinance and shall be subject to all other applicable regulations contained in the Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Kennedale,
where not otherwise controlled by the regulations set forth below. The Property shall
conform to the following supplemental standards and regulations, which shall supersede
any other requirements to the extent of a conflict:
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1.Permitted Uses. The only permitted uses in the Snyder PD 1 shall be:
a.single family detached residential ;
b.park, playground, or open space, including detention or retention facilities ;
c.accessory building (other than a guest house ), when such use does not exceed
fifteen (15) feet in height, is a subordinate building incidental to that of the main
building on the same lot, has a maximum area of 1,200 square feet, and is
constructed of masonry (as defined in Kennedale city code), stone, 3-coat/3-
step stucco, or Hardie-Plank or material equivalent to Hardie-Plank in quality
and durability, with city staff to determine whether alternative materials are
equivalent to Hardie-Plank;
d.guest house , when such use does not exceed fifteen (15) feet in height and is a
subordinate building incidental to that of the main building on the same lot, has
a maximum living space of fifteen (15) percent of the living space of the primary
structure, is constructed of masonry (as defined in Kennedale city code), stone,
3-coat/3-step stucco, or Hardie-Plank or material equivalent to Hardie-Plank in
quality and durability, with city staff to determine whether alternative materials
are equivalent to Hardie-Plank, and is not used as a rental residence or
permanent living facility;
e.Home occupation , subject to the regulations under Section 17-421 and 17-423
of the Kennedale city code and any other applicable City of Kennedale
regulation regarding home occupations;
f.Orchard , as defined in Section 17-431 of the Kennedale city code, when such
use is not for commercial purposes;
g.Any use permitted by right under the category Utility/Solid Waste Uses in
Section 17-421 Schedule of Uses of the Kennedale city code;
h.Bed and breakfast shall be permitted only with a special exception authorized
by the board of adjustment.
2.Density. The number of lots shall not exceed two (2).
3.Lot size. Lot size requirements shall be as follows.
Minimum Lot
Area
(square feet)
Minimum Lot
Width
(feet)
Minimum Lot
Depth
(feet)
Maximum Lot
Coverage
(percent)
21,000 80 125 60%
4.Lot coverage means the percentage of the total area of a lot occupied by the first
story or ground floor of all buildings located on the lot.
5.Minimum livable area . The minimum livable area for all primary residential
structures is 1,500 square feet.
4
6.Setbacks. The PD herein approved shall require the following minimum setbacks:
Lot Type
Front
Setback
Minimum
(ft.)
Rear Setback
Minimum (ft.)
Side Setback
Minimum –
R-o-W
Adjacent (ft.)
Side Setback
Minimum –
Interior (ft.)
Residential 50 35 20 10
Any accessory building or guest house shall be a minimum of eight (8) feet
from the primary structure, a minimum of eight (8) feet from any side property
lines, and a minimum of eight (8) feet from the rear property line.
7.Building height. Primary structures shall not exceed a height of two and one half
(2 ½) stories, at a maximum of fifty (50) feet in height. Decorative elements such
cupolas and domes not intended for human occupancy, chimneys, and antennas
sh all not be required to meet the height maximum of fifty feet, provided such
elements do not exceed the height limit by ten (10) feet.
8.Building materials. The following materials are permitted to be used for structures
within the district. Vinyl is prohibited for use on building exteriors.
a.Masonry as defined by Kennedale city code;
b.Hardie-Plank or material equivalent to Hardie-Plank in quality and durability,
with city staff to determine whether alternative materials are equivalent to
Hardie-Plank;
c.3-coat/3-step stucco.
9.Architectural style . All homes shall be consistent with architectural styles such as
Victorian/Queen Anne, Craftsman, and Prairie Bungalow. Examples of the
permitted architectural styles are shown i n Exhibit "D," attached hereto and
incorporated herein.
10.Front porches . All homes shall have a usable front porch of a minimum size of
sixty (60) square feet.
11.Parking. Parking spaces for at least two (2) motor vehicles shall be provided in an
enclosed garage for any single family dwelling constructed within the district. Front
entry garages are prohibited, except that a front entry garage shall be permitted
provided all of the following requirements are met:
a.The garage entry is screened by a porte-cochere; and
b.The vehicle entryway of the garage is located a minimum of eighty (80) feet
5
from the front property line; and
c.the vehicle entryway of the garage is set back from the front façade of the
primary structure by a minimum of fifteen (15) feet.
d.Regardless of the orientation of the garage required by this section, any gate
or door to a porte-cochere must be of wrought iron construction and must not
screen more than twenty-five (25) percent of its entryway.
12.Frontage onto streets classified as collector streets or larger . Notwithstanding the
requirements of Section 17-303 of the Kennedale city code, lots may have frontage
onto or derive access directly from an existing or proposed street considered to be
a collector street or larger but only when said public street is accessed from the lot
by a circular driveway that allows vehicles to enter the public street facing forward.
A circular driveway is a private driveway on private property having one or more
points of access to one public street and providing an area in the front yard for
turning around or parking a vehicle. A circular driveway shall only be approved
under the following conditions:
a.No circular driveway shall be installed unless the location and spacing of the
driveway and drive approaches have been approved, in writing, by the
Director of Public Works;
b.The circular driveway must connect to or provide access to the required off-
street parking;
c.No lot shall have more than two (2) circular driveway connections to the
public street;
d.A circular driveway may not take up more than thirty percent (30%) of the
required front yard area. Even if the front yard area is larger than the
minimum required, a circular driveway shall not take up more than thirty
percent of the required front yard area;
e.A circular driveway shall be at least ten (10) feet in width and not more than
twelve (12) feet in width.
13.Landscaping. Landscaping shall be regulated by the Kennedale City Code except
as otherwise controlled by this ordinance.
a.Lawns . All lawns shall have permanent ground cover, as described in
Kennedale city code. Use of native or adaptive xeriscape landscaping
materials is encouraged.
b.Plants. Use of native or adaptive xeriscape plants is encouraged.
Landscaping shall be maintained in good condition.
c.Street trees . A minimum of one (1) tree of three (3) inch caliper or greater
shall be required for each residential lot, to be planted centered between the
sidewalk and the curb and shall be installed at such time as sidewalks are
installed. The developer shall be responsible for installation of all street
6
trees and shall ensure tree selection and installation are sufficient to ensure
a long tree life. The developer shall be responsible for maintenance and
replacement of trees, as needed, for a period of two (2) years after the
development’s public improvements have been accepted by the city. Use of
native or adaptive trees is required.
d.Irrigation . If sprinkler systems are installed, such systems shall be controlled
by an automatically controlled timer, unless the use of the property would
otherwise prohibit use of a timer. Irrigation systems shall be installed with a
rain shut off sensor. The irrigation system shall be designed so that
overspray onto structures, streets, sidewalks, windows, walls, and fences is
minimized.
i.High-efficiency irrigation systems, such as (but not limited to) drip or
soaker hose systems, are required for non-turf areas.
ii.Manual shut-off valves (such as a gate valve, ball valve, or butterfly
valve) shall be required as close as possible to the point of
connection of the water supply to minimize water loss in case of an
emergency (such as a main line break) or routine repair.
iii.The use of rain cisterns is permitted.
iv.Cisterns must be located in the rear yard or side yard and must be
screened so as not to be seen from the public street. Screening must
meet the screening materials regulations of the Kennedale City Code.
1.Cisterns may not exceed ten (10) percent coverage in any
required yard.
2.A cistern of less than three (3) feet in diameter may be placed
anywhere in the rear yard. A cistern with diameter of three (3)
feet or more shall be a minimum of eight (8) feet from any side
lot line and eight (8) feet from any rear lot line.
3.A cistern may not be greater than six (6) feet in height.
e.Protection of quality trees . The Zoning Administrator may approve a
deviation from the required front, rear, or side setback of up to ten percent
(10%) in order to retain and protect an existing quality tree, as defined in the
Chapter 16, Article VI of the Kennedale City Code. Permission to deviate
from the required setback must be requested, in writing, by the developer.
14.Driveways and Access. All entry and exit points shall conform to the standards of
the City of Kennedale public works design manual and the City of Kennedale
subdivision design criteria of Chapter 17, Division 10 of the City of Kennedale
Code of Ordinances, unless otherwise regulated by this ordinance.
15.Sidewalks. Sidewalks are required within the district and are the responsibility of
the developer to install. Installation of sidewalks shall be required when a curb and
gutter or approved alternative storm water conveyance system is installed, and
7
shall be constructed according to the requirements of the City of Kennedale Code
of Ordinances, the City of Kennedale Public Works Design Manual, and any other
applicable regulations, where not otherwise controlled by this ordinance.
Sidewalks may be constructed of permeable materials and may be designed and
constructed using low-impact development standards if approved, in writing, by the
Director of Public Works. Review and approval of low-impact infrastructure or
public facilities shall follow the process for review and approval of standard
infrastructure or public facilities as set forth in the codes, regulations, and design
manuals of the City of Kennedale. Low-impact development standards shall not be
approved unless the Director of Public Works is satisfied the materials and
construction methods used will meet the same standards for safety and durability
as used in standard sidewalk construction within the City of Kennedale.
16. Drainage. The developer(s) shall adequately address storm water run-off resulting
from developing property within the district. If required by the Director of Public
Works, construction plans submitted to the city shall include detailed drainage
plans. If storm water detention facilities are constructed, the facilities shall be
designed to include natural features, such as plants or grasses, so that the
detention facility also serves as a neighborhood amenity.
17.Non-conforming uses . Non-conforming uses shall be regulated by Section 17-428
of the Kennedale city code where not otherwise controlled by this ordinance.
SECTION 3 .
The zoning districts and boundaries as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the communit y . They have been designed to lessen
congestion in the streets, to secure safety from fire, panic, flood and other dangers, to
provide adequate light and air, to prevent overcrowding of land, to avoid undue
concentration of population, to facilitate the adequate provisions of transportation, water,
sewerage, parks and other public requirements. They have been made after a full and
complete hearing with reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and with a view of conserving the
value of the buildings and encouraging the most appropriate use of land throughout the
community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
8
SECTION 5.
The use of the properties hereinabove described shall be subject to all the
applicable regulations contained in the Comprehensive Zoning Ordinance and all other
applicable and pertinent ordinances of the City of Kennedale, Texas.
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Kennedale, Texas (1991), as amended, including but not
limited to all Ordinances of the City of Kennedale affecting zoning and land use, and shall
not repeal any of the provisions of such ordinances except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any
and all violations of any ordinances governing zoning or of any amendments thereto that
have accrued at the time of the effective date of this Ordinance and as to such accrued
violations and all pending litigation both civil and criminal same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 9.
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 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
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caption penalty clause publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue
of the newspaper if the official newspaper is a weekly newspaper as authorized by Section
3.10 of the City of Kennedale Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 8 TH DAY OF MAY 2014 .
APPROVED:
Mayor John Clark
ATTEST:
City Secretary, Amethyst Sloane
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
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Exhibit “A”
Legal Description
11
Exhibit “B”
Map/Survey of property
12
Exhibit “C”
Concept Plan
13
Exhibit “D”
Illustration of Permitted Architectural Styles
Ex
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D
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Ex
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Ex
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1
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING
C E R T A I N PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
KENNEDALE FROM “C-2” GENERAL COMMERCIAL DISTRICT TO “PD”
PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR THE AMENDMENT OF
THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREA S , the City of Kennedale Texas is a Home Rule muni c i pality acting un d er its
charter adopted by the electora t e pursuant to Article XI, of the Texas Constitution and Chap t e r 9
of the Local Government Code; and
WHEREA S , pursuant to Chapter 211 of the Local Government Cod e , the City has adopted
a comprehensive zoning ordinance and map regulating the location and use of buildings, ot h e r
structures and land for business, industrial, residential, or other purpose s , for the purpo s e of
promoting the public healt h , safety, morals and general welfar e , all in accordance with a
comprehen s ive plan; and
WHEREAS, Patricia Beatty and Johnny Byrd, which have a proprietary interest in said
property being an approximately four acre tract in the Joel Snyder Survey A-1448, more
particularly described as Joel Snyder Survey A-1448 1C, being a portion of a tract as described
in a deed to Patricia Beatty, Instrument no. D198096319, Kennedale, Tarrant County, Texas,
have filed an application to rezone the property from its present classification of “C-2” General
Commercial District to a "P D" Planned Development District; and
WHEREAS, the comprehensive land use plan classifies said property as “Neighborhood,”
which calls for residential use; and
WHEREAS, the City of Kennedale believes the request as proposed would help achieve the
vision set forth in the comprehensive land use plan; and
WHEREA S , the City Council has determined that a planned development zoning district is
the most appropriate zoning district to facilitate the development of the property; and
WHEREA S , a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 7 t h day of April 2014 and by the City Council of the City of
Kennedale on the 8 th day of May 2014 with respect to the zoning changes described herei n ;
and
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WHEREAS, all requirements of law dealing with notice to other property owners, publication
and all procedural requirements have been complied with in accordance with Chapter 211 of the
Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT O RDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1:
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or restric t e d
as shown and described below:
An approximately four acre tract in the Joel Snyder Survey, more particularly
described as Joel Snyder Survey A-1448 1C, being a portion of a tract as
described in a deed to Patricia Beatty, Instrument no. D198096319, Kennedale,
Tarrant County, Texas ("the Property''), as more particularly described on Exhibit
"A" and Exhibit “B” attached hereto and incorporated herein, from “C-2” General
Commercial District to S n y d e r S u r v e y Planned Development District No. – 2
(Snyder PD 2 ) for residential use with modified restrictions, as more fully
described on the Concept Plan, attached hereto as Exhibit "C" and incorporated
herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set forth
below. The use of the Property shall further conform to the standards and regulations of the “R-
1” Single Family Residential district and to Chapter 17, Division 10 Subdivision Design Criteria of
the City of Kennedale City Code, to the extent not modified in this Ordinance and shall be
subject to all other applicable regulations contained in the Zoning Ordinance and all other
applicable and pertinent ordinances of the City of Kennedale, where not otherwise controlled by
the regulations set forth below. The Property shall conform to the following supplemental
standards and regulations, which shall supersede any other requirements to the extent of a
conflict:
1.Permitted Uses. The only permitted uses in the Snyder PD 2 shall be:
a.single family detached residential ;
b.park, playground, or open space, including detention or retention facilities ;
c.accessory building (other than a guest house ), when such use does not exceed
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fifteen (15) feet in height, is a subordinate building incidental to that of the main
building on the same lot, has a maximum area of 1,200 square feet, and is
constructed of masonry (as defined in Kennedale city code), stone, 3-coat/3-step
stucco, or Hardie-Plank or material equivalent to Hardie-Plank in quality and
durability, with city staff to determine whether alternative materials are equivalent to
Hardie-Plank;
d.guest house , when such use does not exceed fifteen (15) feet in height and is a
subordinate building incidental to that of the main building on the same lot, has a
maximum living space of fifteen (15) percent of the living space of the primary
structure, is constructed of masonry (as defined in Kennedale city code), stone, 3-
coat/3-step stucco, or Hardie-Plank or material equivalent to Hardie-Plank in quality
and durability, with city staff to determine whether alternative materials are equivalent
to Hardie-Plank, and is not used as a rental residence or permanent living facility;
e.Home occupation , subject to the regulations under Section 17-421 and 17-423 of the
Kennedale city code and any other applicable City of Kennedale regulation regarding
home occupations;
f.Orchard , as defined in Section 17-431 of the Kennedale city code, when such use is
not for commercial purposes;
g.Any use permitted by right under the category Utility/Solid Waste Uses in Section 17-
421 Schedule of Uses of the Kennedale city code;
h.Bed and breakfast shall be permitted only with a special exception authorized by the
board of adjustment.
2.Density. The number of lots shall not exceed a maximum of three (3) lots.
3.Lot size. Lot size requirements shall be as follows.
Minimum Lot
Area
Minimum Lot
Width
(feet)
Minimum Lot
Depth
(feet)
Maximum Lot
Coverage
(percent)
1 acre 80 125 60%
4.Lot coverage means the percentage of the total area of a lot occupied by the first story or
ground floor of all buildings located on the lot.
5.Minimum livable area . The minimum livable area for all primary residential structures is
1,500 square feet.
6.Setbacks. The PD herein approved shall require the following minimum setbacks:
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Lot Type
Front Setback
Minimum (ft.) –
primary structure
Rear Setback
Minimum (ft.)
Side Setback
Minimum –
R-o-W Adjacent
(ft.)
Side Setback
Minimum –
Interior (ft.)
Residential 40 35 20 15
Any accessory building or guest house shall be a minimum of eight (8) feet from the
primary structure, a minimum of eight (8) feet from any side property lines, and a
minimum of eight (8) feet from the rear property line.
7.Building height. Buildings shall not exceed a height of two and one half (2 ½) stories, at
a maximum of fifty (50) feet in height.
8.Building materials. All primary structures shall be constructed of a minimum of 80%
masonry, as defined in Section 17-405 of the Kennedale city code. The remaining 20%
may be of masonry materials or of Hardie-Plank or material equivalent to Hardie-Plank in
quality and durability, with city staff to determine whether alternative materials are
equivalent to Hardie-Plank, or 3-coat/3-step stucco. Architectural metals or woods may
be used for architectural accents. Vinyl is prohibited for use on building exteriors.
9.Parking. Parking spaces for at least two (2) motor vehicles shall be provided in an
enclosed garage for any single family dwelling constructed within the district. Front entry
garages are prohibited, except that a front entry garage shall be permitted provided all of
the following requirements are met:
a.The garage entry is screened by a porte-cochere; and
b.The vehicle entryway of the garage is located a minimum of eighty (80) feet from
the front property line; and
c.the vehicle entryway of the garage is set back from the front façade of the primary
structure by a minimum of fifteen (15) feet.
d.Regardless of the orientation of the garage required by this section, any gate or
door to a porte-cochere must be of wrought iron construction and must not screen
more than twenty-five (25) percent of its entryway.
10.Frontage onto streets classified as collector streets or larger . Notwithstanding the
requirements of Section 17-303 of the Kennedale city code, lots may have frontage onto
or derive access directly from an existing or proposed street considered to be a collector
street or larger but only when said street is accessed from the lot by a circular driveway
that allows vehicles to enter the street facing forward. A circular driveway is a private
driveway on private property having one or more points of access to one public street
and providing an area in the front yard for turning around or parking a vehicle. A circular
driveway shall only be approved under the following conditions:
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a.No circular driveway shall be installed unless the location and spacing of the
driveway and drive approaches have been approved, in writing, by the Director of
Public Works;
b.The circular driveway must connect to or provide access to the required off-street
parking;
c.No lot shall have more than two (2) circular driveway connections to the public
street;
d.A circular driveway may not take up more than thirty percent (30%) of the required
front yard area. Even if the front yard area is larger than the minimum required, a
circular driveway shall not take up more than thirty percent of the required front
yard area;
e.A circular driveway shall be at least ten (10) feet in width and not more than twelve
(12) feet in width.
11.Landscaping. Landscaping shall be regulated by the Kennedale City Code except as
otherwise controlled by this ordinance.
a.Lawns . All lawns shall have permanent ground cover, as described in Kennedale
city code. Use of native or adaptive xeriscape landscaping materials is
encouraged.
b.Plants. Use of native or adaptive xeriscape plants is encouraged. Landscaping
shall be maintained in good condition.
c.Street trees . A minimum of one (1) tree of three (3) inch caliper or greater shall be
required for each residential lot, to be planted centered between the sidewalk and
the curb. The developer shall be responsible for installation of all street trees and
shall ensure tree selection and installation are sufficient to ensure a long tree life.
The developer shall be responsible for maintenance and replacement of trees, as
needed, for a period of two (2) years after the development’s public improvements
have been accepted by the city. Use of native or adaptive trees is required.
d.Irrigation . If sprinkler systems are installed, such systems shall be controlled by
an automatically controlled timer, unless the use of the property would otherwise
prohibit use of a timer. Irrigation systems shall be installed with a rain shut off
sensor. The irrigation system shall be designed so that overspray onto structures,
streets, sidewalks, windows, walls, and fences is minimized.
i.High-efficiency irrigation systems, such as (but not limited to) drip or soaker
hose systems, are required for non-turf areas.
ii.Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve)
shall be required as close as possible to the point of connection of the
water supply to minimize water loss in case of an emergency (such as a
main line break) or routine repair.
iii.The use of rain cisterns is permitted.
iv.Cisterns must be located in the rear yard or side yard and must be
screened so as not to be seen from the public street. Screening must meet
the screening materials regulations of the Kennedale City Code.
1.Cisterns may not exceed ten (10) percent coverage in any required
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yard.
2.A cistern of less than three (3) feet in diameter may be placed
anywhere in the rear yard. A cistern with diameter of three (3) feet
or more shall be a minimum of eight (8) feet from any side lot line
and eight (8) feet from any rear lot line.
3.A cistern may not be greater than six (6) feet in height.
e.Protection of quality trees . The Zoning Administrator may approve a deviation
from the required front, rear, or side setback of up to ten percent (10%) in order to
retain and protect an existing quality tree, as defined in the Chapter 16, Article VI
of the Kennedale City Code. Permission to deviate from the required setback must
be requested, in writing, by the developer.
12.Driveways and Access. All entry and exit points shall conform to the standards of the
City of Kennedale public works design manual and the City of Kennedale subdivision
design criteria of Chapter 17, Division 10 of the City of Kennedale Code of Ordinances,
unless otherwise regulated by this ordinance.
13.Sidewalks. Sidewalks are required within the district and are the responsibility of the
developer to install. Installation of sidewalks shall be required when a curb and gutter or
approved alternative storm water conveyance system is installed, and shall be
constructed according to the requirements of the City of Kennedale Code of Ordinances,
the City of Kennedale Public Works Design Manual, and any other applicable
regulations, where not otherwise controlled by this ordinance. Sidewalks may be
constructed of permeable materials and may be designed and constructed using low-
impact development standards if approved, in writing, by the Director of Public Works.
Review and approval of low-impact infrastructure or public facilities shall follow the
process for review and approval of standard infrastructure or public facilities as set forth
in the codes, regulations, and design manuals of the City of Kennedale. Low-impact
development standards shall not be approved unless the Director of Public Works is
satisfied the materials and construction methods used will meet the same standards for
safety and durability as used in standard sidewalk construction within the City of
Kennedale.
14. Drainage. The developer(s) shall adequately address storm water run-off resulting from
developing property within the district. If required by the Director of Public Works,
construction plans submitted to the city shall include detailed drainage plans. If storm
water detention facilities are constructed, the facilities shall be designed to include
natural features, such as plants or grasses, so that the detention facility also serves as a
neighborhood amenity.
15.Non-conforming uses . Non-conforming uses shall be regulated by Section 17-428 of the
Kennedale city code where not otherwise controlled by this ordinance.
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SECTION 3 .
The zoning districts and boundaries as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and general welfare of the communit y . They have been designed to lessen congestion in the
streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light
and air, to prevent overcrowding of land, to avoid undue concentration of population, to
facilitate the adequate provisions of transportation, water, sewerage, parks and other public
requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of the buildings and encouraging the
most appropriate use of land throughout the community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations and
all pending litigation both civil and criminal same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the Courts.
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SECTION 9.
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 10.
The City Secretary of the City of Kennedale is hereby directed to publish the caption
penalty clause publication clause and effective date clause of this ordinance in every issue of the
official newspaper of the City of Kennedale for two days or one issue of the newspaper if the
official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale
Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 8 TH DAY OF MAY 2014 .
APPROVED:
Mayor John Clark
ATTEST:
City Secretary, Amethyst Sloane
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
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Exhibit “A”
Legal Description
10
Exhibit “B”
Survey
11
Exhibit “C”
Concept Plan
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: REGULAR ITEMS - E.
I. Subject:
Consider acceptance of the Water/Wastewater Master Plan from Freese and Nichols Engineers.
II. Originated by:
Bob Hart
III. Summary:
This item was presented during the work session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
Table
VIII. Attachments:
______________________Staff Report to the Honorable Mayor and City Council
Date: May 8, 2014
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
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 of any item posted on the agenda, legal issues regarding nonconforming uses, discussion of
zoning issues in the city, and legal issues regarding the preparation of developer's agreements.
II. Originated by:
Bob Hart
III. Summary:
At this time the city council will meet in executive session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments: