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2014_02.13 CC Packet - PublicKENNEDALE CITY COUNCIL AGENDA REGULAR MEETING February 13, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE EXECUTIVE SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. 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, and discussion of zoning issues in the city. 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. Mayor: Updates and information, if any: Presentation of Government Finance Officers Association (GFOA) Award of Financial Reporting Achievement to City of Kennedale Finance Department for year ending September 30, 2012 and Sakura Moten-Dedrick, Director of Finance & Information Technology. B. Councilmembers: Updates and information, if any. C. City Manager: Updates and information, if any. 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 approval of minutes from the January 16, 2014 regular meeting. XI. REGULAR ITEMS A. Presentation of the 2013 Racial Profiling Report. B. Consider authorizing the Mayor to execute an interlocal agreement for rabies control with the City of Fort Worth for use of their Animal Shelter. C. Conduct a public hearing relative to Tarrant County Community Development and Housing for the 40th Year Community Development Block Grant (CDBG) Project for water and sewer improvements. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 2. Action by the City Council on Resolution 419, approving funding for the 40th year CDBG project. D. Consider setting a date for a special meeting to accept the audit. E. Consider meeting with the Board of Adjustment. F. Consider approval of Resolution 420, authorizing the City Manager to execute a Chapter 380 Agreement with H & O Die Supply. G. Consider approval of Resolution 421, authorizing the City Manager to execute a Chapter 380 Agreement with Watson Glass. H. Consider the approval of a settlement agreement with Don's Scrap Metal. XII. ADJOURNMENT Page 3 of 3 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 February 13, 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: February 13, 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, and discussion of zoning issues in the city. 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: 1.Settlement Agreement Settlement Agreement - Don's Scrap Metal.docx ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - A. I. Subject: Mayor: Updates and information, if any: Presentation of Government Finance Officers Association (GFOA) Award of Financial Reporting Achievement to City of Kennedale Finance Department for year ending September 30, 2012 and Sakura Moten-Dedrick, Director of Finance & Information Technology. II. Originated by: Sakura Moten-Dedrick, Director of Finance & IT III. Summary: At this time, the GFOA award will be presented to the City and to our Finance Director, Sakura Moten- Dedrick. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII. Alternative Actions: Plaque provided. VIII. Attachments: ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Councilmembers: Updates and information, if any. II. Originated by: III. Summary: Updates from council, 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: February 13, 2014 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: City Manager: Updates and information, if any. II. Originated by: Bob Hart III. Summary: Updates from the City Manager, 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: February 13, 2014 Agenda Item No: CONSENT ITEMS - A. I. Subject: Consider approval of minutes from the January 16, 2014 regular meeting. II. Originated by: Amethyst G. Cirmo, City Secretary and Communications Coordinator III. Summary: Please see the attached minutes for approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.minutes 01.16.2014 CC Minutes.doc KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING January 16, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Mayor Clark called the meeting to order at 5:30PM. The Council recessed into executive session at 5:32PM. II. 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, and discussion of zoning issues in the city. III. WORK SESSION A. Consider any items from the regular agenda, if needed. No items from the regular session were considered. IV. REGULAR SESSION Mayor Clark called the regular session to order at 7:00PM. V. ROLL CALL Present: John Clark, Frank Fernandez, Brian Johnson, Charles Overstreet, Kelly Turner, Liz Carrington Absent: none VI. INVOCATION VII. UNITED STATES PLEDGE VIII. TEXAS PLEDGE IX. VISITOR/CITIZENS FORUM No individuals signed up to speak. X. REPORTS/ANNOUNCEMENTS Page 2 of 4 A. Updates and information from the Mayor. Mayor Clark thanked the community for their participation in the Salvation Army challenge over the holiday season. B. Updates and information from Councilmembers. Councilmember Fernandez noted that James Sloan, past member of the Planning and Zoning Commission recently passed away. C. Updates and information from the City Manager. Bob Hart announced that the city would begin conducting a marketing study with the University of Texas at Arlington for the TownCenter area. XI. 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 approval of minutes from December 12, 2013 regular meeting. Motion To approve the consent agenda as presented. Action Approve, Moved By Frank Fernandez, Seconded By Charles Overstreet. Motion Passed Unanimously XII. REGULAR ITEMS A. CASE # PZ 13-11 to receive comments and consider action on a request by Ashton Holdings, Inc. for a replat of approximately 4.3 acres, for property owned by Ricardo Trevino and located at the corner of Swiney Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres Addition Block 2 Lot 6, to create Lots 6R1-6R8. 1.Staff Presentation City planner Rachel Roberts approached the Council, noting that this case was tabled last month. The plat has been review by staff and was presented to the Planning & Zoning Commission in November, at which time several residents expressed concerns with water pressure in the area. Public works has explained that a development of this size will have a negligible effect on water pressure in the area. Councilmember Turner asked about the general water pressure on that side of town. Larry Ledbetter noted that due to the height and capacity of the city’s current standpipe 40 pounds of pressure was likely to be the average in this area. 2.Applicant Presentation Adlai Pennington of 1375 Gilman Rd in Kennedale asked if Council had any further questions. Council had no questions for the applicant. 3.Public Hearing Mayor Clark opened the public hearing. No one signed up to speak and the hearing was closed. Page 3 of 4 4.Applicant Response No response was necessary. 5.Staff Response and Summary No response was necessary. 6.Action by the Council Motion To approve CASE # PZ 13-11 as presented. Action Approve, Moved By Brian Johnson, Seconded By Charles Overstreet. Motion Passed Unanimously B. Consider approval of Resolution 418, calling the May 10, 2014 General Election. Motion To approve Resolution 418 as presented. Action Approve, Moved By Brian Johnson, Seconded By Kelly Turner. Motion Passed Unanimously C. Consider selection of a project engineer for the Transportation Improvement Program project for sidewalks on Kennedale Parkway. In 2009 Kennedale received a Regional Toll Revenue Grant for landscaping and sidewalks in the TownCenter area. The attorney general’s opinion against the grant resulted in Kennedale’s loss of these funds. Through the work of the Texas Department of Transportation (TxDOT) and the North Central Texas Council of Governments (NCTCOG), a replacement grant through the Transportation Improvement Program (TIP) was obtained as an alternate funding mechanism and the project scope was amended to construct a sidewalk along the southwest side of Kennedale Parkway. A Request for Qualifications (RFQ) from the city returned 11 engineering candidates for this project. Based on the scoring results, Shield Engineering is recommended to design the infrastructure for the City of Kennedale. Motion To approve Shield Engineering as the project engineer for the Transportation Improvement Program project for sidewalks on Kennedale Parkway. Action Approve, Moved By Brian Johnson, Seconded By Charles Overstreet. Motion Passed Unanimously XII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED No action was necessary. Executive session was held prior to the regular session. XIV. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Brian Johnson, Seconded By Liz Carrington. Motion Passed Unanimously Page 4 of 4 The meeting was adjourned at 7:30PM. APPROVED:ATTEST: __________________________________________________________________ Mayor John Clark City Secretary Amethyst G. Cirmo ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - A. I. Subject: Presentation of the 2013 Racial Profiling Report. II. Originated by: Tommy Williams, Police Chief III. Summary: Attached is the racial profiling report for 2013. This report must be submitted to the governing body of the city on or before March 1st of each calendar year. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.2013 Racial Profiling Report racial profiling report 2013.doc 2.2013 Racial Profiling Data Report Racial Profiling Data Sheet 2013 (Autosaved).xls February 13, 2014 To: City Manager, Mayor, and Council Members From: Tommy Williams, Police Chief Re: Racial Profiling Report Statistical Data As required by S.B. 1074, attached is a spreadsheet outlining the data from our citations from traffic stops during calendar year 2013. You will remember that in 2012, due to a change in the Census Bureau reporting format and data sets I dropped the Fair Roads Standard in favor of at-large population figures from the 2010 census. This allows us to collect data not only against licensed drivers, but also against those drivers who regularly operate a vehicle without benefit of a license. Because such a large majority of our citations continue to be issued to persons outside of the city, the baseline includes the combined populations of our neighboring cities of Arlington, Forest Hill, Fort Worth, and Mansfield, as well as Kennedale. Motorists come from or through these cities in order to get to or through Kennedale. Our stops and searches are within tolerances for the percentile groups. I will electronically file a copy of this report and spreadsheet for posting on the TCLEOSE web site. Complaints We had no racial profiling complaints filed during the reporting period of 2013. Public Education The process for filing racial profiling complaints against employees is posted in three places. The first is on our police department website, the second in the police building lobby, and the third is in the city hall lobby. A copy of the entire racial profiling policy is available to the public on request. Employee Training Numerous discussions occur during briefing and staff meetings throughout the year about racial profiling issues to be aware of. In addition, supervisors are required to regularly review random video tapes of stops to identify any problems that have not been reported. No issues were identified. Race Citations From Traffic Stops Arrests From Traffic Stops Total Searches Conducted Consent Searches Conducted Representative Population - Kennedale Area Represntative Population - Tarrant County White 1434 16 84 36 57.00%57.00% Percent of Group Total 65.10%80.00%75.00%72.00% Black 468 1 19 9 16.00%13.00% Percent of Group Total 21.20%5.00%17.00%18.00% Hispanic 247 3 9 5 26.00%24.00% Percent of Group Total 11.20%15.00%8.00%10.00% Asian 11 0 0 0 4.00%4.00% Percent of Group Total 0.50% Native American 2 0 0 0 0.06%0.01% Percent of Group Total 0.10% Middle Eastern 6 0 0 0 Percentage of Group Total 0.30% Other/Unknown 34 0 0 0 0.01 0.002 Percent of Group Total 0.60% Total 2202 20 112 50 Race/Ethnicity Known Before Stop?Yes - 474 (22%)No - 1728 (78%) Kennedale Police Department Racial Profiling Data 01-01-2013 through 12-31-2013 ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - B. I. Subject: Consider authorizing the Mayor to execute an interlocal agreement for rabies control with the City of Fort Worth for use of their Animal Shelter. II. Originated by: Tommy Williams, Police Chief III. Summary: Attached is the FY 2014 contract with Fort Worth for use of their animal shelter. It looks to be the same as the current contract with one exception. They have increased shelter hours back to the original seven days per week that was in our contract prior to FY 2013. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.Fort Worth Animal Shelter Contract FY 2014 ACO Contract 2014.pdf ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - C. I. Subject: Conduct a public hearing relative to Tarrant County Community Development and Housing for the 40th Year Community Development Block Grant (CDBG) Project for water and sewer improvements. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 2. Action by the City Council on Resolution 419, approving funding for the 40th year CDBG project. II. Originated by: Larry Ledbetter, Director of Public Works III. Summary: The City participates in an annual Public Works project that is funded, in part, by a HUD Community Development Block Grant (CDBG) and administered by Tarrant County. As part of the application process, the County requires that the City authorize the project and pledge any funds that may exceed the HUD grant for the design and construction. The recommended 2014 (40th year CDBG) project is the reconstruction of the sanitary sewer system in the 100-200 blocks of Caylebait Drive from 5th Street to Mansfield Street /400 block of Broadway. The project includes the reconstruction of 1050' of existing 6" SS and manholes with 8" PVC and HDPE. Construction shall be a combination of open cut and pipe burst. The estimated Engineering and Construction cost of the project is $165,017.00 and the City's participation and matching amount is estimated at $25,017.00. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.R419 R419 - 40th Year CDBG Funding.docx Page 2 of 2 RESOLUTION NO. 419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING FUNDING PARTICIPATION WITH TARRANT COUNTY COMMUNITY DEVELOPMENT AND HOUSING FOR THE 40th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR SANITARY SEWER IMPROVEMENTS WITHIN THE CITY OF KENNEDALE, TEXAS AND PROVIDING AN EFFECTIVE DATE WHEREAS , in the City Council Meeting of February 13, 2014, the City Council of the City of Kennedale approved the 40th Year Community Development Block Grant Project (CDBG) to replace 1,050 linear feet of sanitary sewer lines and manholes on Caylebait Drive in the City of Kennedale, Texas; and WHEREAS , the budget for the project approved on February 14, 2013 reflected an estimated construction cost in an amount of $165,017.00 with the City of Kennedale is pledging funds in an amount of $25,017.00; and WHEREAS , the City funds will be budgeted in the 2013/2014 fiscal year budget and will be utilized for project costs in excess of the CDBG funds available for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. That this resolution shall be effective upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS ON this, the 13 th day of February, 2014. APPROVED: _______________________ Mayor John Clark ATTEST: _________________________ Amethyst G. Cirmo, City Secretary ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - D. I. Subject: Consider setting a date for a special meeting to accept the audit. II. Originated by: Amethyst G. Cirmo, City Secretary and Communications Coordinator III. Summary: Potential meeting date(s): Thursday, February 27 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: February 13, 2014 Agenda Item No: REGULAR ITEMS - E. I. Subject: Consider meeting with the Board of Adjustment. II. Originated by: Amethyst G. Cirmo, City Secretary and Communications Coordinator III. Summary: Potential dates for this meeting are Tuesday, March 3rd or Tuesday, April 1st, which are regular meeting dates for the Board of Adjustment. 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: February 13, 2014 Agenda Item No: REGULAR ITEMS - F. I. Subject: Consider approval of Resolution 420, authorizing the City Manager to execute a Chapter 380 Agreement with H & O Die Supply. II. Originated by: Bob Hart III. Summary: City staff is negotiating a chapter 380 agreement with H&O Die Supply to facilitate their expansion in Kennedale. The agreement provides for a refund of city taxes based on the incremental value of the expansion for a period of five years. A final agreement will be provided upon completion. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.R420 R420- - 380 Agreement for H&O Die Supply.docx Page 1 of 2 RESOLUTION NO. 420 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS APPROVINGTHE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH H & O DIE SUPPLY FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE WHEREAS , Chapter 380 of the Texas Local Government Code authorizes municipalities to establish and provide for the administration of programs that promote economic development and stimulate business and commercial activity in the city; and WHEREAS , the City Council has been presented with a proposed agreement by and between the City of Kennedale and H & O Die Supply a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Agreement"); and WHEREAS , upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the Agreement will assist in implementing a program whereby economic development will be promoted and business and commercial activity will be stimulated in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The City Council finds that the terms of the Agreement will promote economic development and stimulate business and commercial activity in the City and otherwise meet the criteria of Section 380.001 of the Texas Local Government Code. SECTION 2. The City Council hereby adopts and economic development program whereby the City of Kennedale will make economic development program payments for the benefit of H & O Die Supply, and take other specified actions in order to induce economic development within the City, in accordance with the terms outlined in the Agreement. SECTION 3. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Kennedale and found to be acceptable and in the best interest of the City and its citizens are hereby approved. SECTION 4. The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City substantially according to the terms and conditions set forth in the Agreement. Page 2 of 2 SECTION 5. This Resolution shall become effective from and after its passage. PASSED, APPROVED, and EFFECTIVE this 13 th day of February, 2014. Mayor, John Clark ATTEST: Amethyst G. Cirmo, City Secretary ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - G. I. Subject: Consider approval of Resolution 421, authorizing the City Manager to execute a Chapter 380 Agreement with Watson Glass. II. Originated by: Bob Hart III. Summary: City staff is negotiating a chapter 380 agreement with RE Watson & Associates dba Watson Glass to facilitate their expansion in Kennedale. The agreement provides for a refund of city taxes based on the incremental value of the expansion for a period of five years. A final agreement will be provided upon completion. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: 1.R421 R421 - 380 Agreement for Watson Glass.docx Page 1 of 2 RESOLUTION NO. 421 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS APPROVINGTHE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RE WATSON & ASSOCIATES d/b/a WATSON GLASS COMPANY FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE WHEREAS , Chapter 380 of the Texas Local Government Code authorizes municipalities to establish and provide for the administration of programs that promote economic development and stimulate business and commercial activity in the city; and WHEREAS , the City Council has been presented with a proposed agreement by and between the City of Kennedale and RE Watson & Associates d/b/a Watson Glass, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Agreement"); and WHEREAS , upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the Agreement will assist in implementing a program whereby economic development will be promoted and business and commercial activity will be stimulated in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The City Council finds that the terms of the Agreement will promote economic development and stimulate business and commercial activity in the City and otherwise meet the criteria of Section 380.001 of the Texas Local Government Code. SECTION 2. The City Council hereby adopts and economic development program whereby the City of Kennedale will make economic development p rogram payments for the benefit of RE Watson & Associates d/b/a Watson Glass, and take other specified actions in order to induce economic development within the City, in accordance with the terms outlined in the Agreement. SECTION 3. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Kennedale and found to be acceptable and in the best interest of the City and its citizens are hereby approved. SECTION 4. The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City substantially according to the terms and conditions set forth in the Agreement. Page 2 of 2 SECTION 5. This Resolution shall become effective from and after its passage. PASSED, APPROVED, and EFFECTIVE this 13 th day of February, 2014. Mayor, John Clark ATTEST: Amethyst G. Cirmo, City Secretary ______________________Staff Report to the Honorable Mayor and City Council Date: February 13, 2014 Agenda Item No: REGULAR ITEMS - H. I. Subject: Consider the approval of a settlement agreement with Don's Scrap Metal. II. Originated by: Bob Hart III. Summary: The special use permit will expire for Don’s Scrap Metal in February 2014. Negotiations are underway for an extension. A settlement agreement will be presented to the city council during executive session for possible action under the regular agenda. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: VIII. Attachments: