2014_11.17 CC Packet ic
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com
KENNEDALE CITY COUNCIL
AGENDA
REGULAR MEETING
November 17, 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. Joint meeting with Planning and Zoning Commission to discuss:
a. Downtown Village Development Plan
b. Zoning and Subdivision Code Update
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.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
A. Updates from the Mayor
B. Updates from City Council
C. Updates from the City Manager
D. Governance/Operational Report including:
1. Balanced Scorecard
2. Village Creek Flood Study
3. Crime Activity Report
4. Municipal Court Activity Report
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 October 13, 2014 regular meeting
B. Receive a report from the Police Department for last year's asset forfeiture account.
XI. REGULAR ITEMS
A. Consider Ordinance 557 approving amendments to the Drought Contingency and Emergency
Water Management Plan
B. Consider approval of an Ordinance 559 amending the city's schedule of administrative fees.
C. CASE#PZ 14-08 Public hearing and consideration of Ordinance 560 approval regarding a
request by the City of Kennedale for a zoning change for 23.8 acres from "C-2" General commercial
district to "I" Industrial district, at 7200, 7201, 7203, 7205, 7206, 7207, 7208, 7210, 7218, 7220, 7222,
7224, 7226, 7228, 7230, 7232, 7234, &7236 & 3 unaddressed parcels on Bloxom Park Rd, 7208,
7210, 7213, 7225, &an unaddressed parcel on Hudson Village Creek Rd, and 4310, 4382, &an
unaddressed parcel on Eden Rd S, legal descriptions of Wade H Hudson Survey A 716 Tracts 2C,
2C01, 2CO2, 2CO3, 2C04, 2C04A, 2C05, 2C06, 2C07, 2C08, 2C09, 2C10, 2C1 OA, 2C11, 2C12,
2C13, 2C18, 2C19, 2C20, 2C21, 2C22, 2C23, 2C24, 2C25, 2C25A, 2C25B, 2C14, 2C15, 2C16, &
Peter Rouche Survey A1338 Tracts 1, 1 B, 1 C, 2, 2B, &2C.
1. Staff presentation
2. Public hearing
3. Staff summary and recommendation
D. Consider action authorizing the City Manager to execute an agreement with the U.S. Army Corps
of Engineers for a Section 205 Flood Control Study on a portion of Village Creek
XII. EXECUTIVE SESSION
Page 2 of 3
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.
1. Attorney consultation on development agreement
B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease, or value of real property for the
following:
1. Discuss Land Acquisition at 501 Dick Price Road.
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 the City Secretary at 817.985.2104 or (TDD)
1.800.735.2989
CERTIFICATION
I certify that a copy of the November 17, 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.
Ada,_� —
Kelly Coo e , City tecretary
Page 3 of 3
KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: WORK SESSION -A.
I. Subject:
Joint meeting with Planning and Zoning Commission to discuss:
a. Downtown Village Development Plan
b. Zoning and Subdivision Code Update
II. Originated by:
Bob Hart
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
1. Downtown Development Plan IDowntown Villa e. df
10/10/2014
A
KEIVNEDAL — - - -
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Downtown Kennedale
Implementing the Vision
October 13, 2014
Yevrc Hne,YOVr HOmr
Today's Agenda
Introducing SJR Planning Consultants
Why? What? and How? of the project
The final product & its implications
1
10/10/2014
ENNEDALE
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Our Story
• We believe in turning your plans and visions into reality by challenging
the status quo and thinking differently
• We are a team of creative, energetic problem solvers; a collection of
original, out of the box thinkers. At SJR Planning Consultants we
collaborate with individuals and companies that have a passion for
creating better communities—places that are both livable and
memorable.
Shai Roos, AICP : founder& President
• Rebecca Ryan,Futurist Brian Guenzel,Healthy Communities
• Dr.Daniel Oney,Economist Heather Sims,Real Estate&Urban Planning
• Melissa Lindelow,Land Use Attorney Chuni Lu,Real Estate&Housing
ENNEDAL
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Why? - Plan vs Ordinance
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KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from the Mayor
II. Originated by:
City Council, City Council
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 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.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 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:
VII.Alternative Actions:
VIII.Attachments:
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: REPORTS/ANNOUNCEMENTS - D.
I. Subject:
Governance/Operational Report including:
1. Balanced Scorecard
2. Village Creek Flood Study
3. Crime Activity Report
4. Municipal Court Activity Report
II. Originated by:
Bob Hart
III. Summary:
City Manager will provide a Governance Operational Report for Council.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
1. Executive Limitations Executive Limitations. df
2. Balanced Scorecard Kennedale Strategy Map Nov 2014. df
3. City Marshal Report Cit Marshal Department Statistic Report- 10-2014. df
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT
The City Manager shall not cause or allow any organizational practice, activity, decision, or
circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and
professional ethics.
City operations are in compliance with the global constraint policy.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATMENT OF CUSTOMERS OF CITY SERVICES
With respect to interactions with customers, the City Manager shall not cause or allow conditions,
procedures, or decisions that are unsafe, untimely, undignified, or unnecessarily intrusive.
The City Manager will not
1. Elicit information for which there is no clear necessity.
2. Use methods of collecting, reviewing, transmitting, or storing customer information that fail to
protect against improper access to the material.
3. Operate facilities without appropriate accessibility and privacy.
4. Operate without establishing with customers a clear understanding of what may be expected and
what may not be expected from the service offered.
5. Operate without informing customers of this policy or providing a way to be heard for persons
who believe that they have not been accorded a reasonable interpretation of their rights under this
policy.
City operations are operating in compliance with the policy on treatment of customers.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATMENT OF STAFF
With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow
conditions that are unfair, undignified, disorganized, or unclear.
The City Manager will not
1. Operate without written personnel rules that (a) clarify rules for staff, (b) provide for effective
handling of grievances, and(c)protect against wrongful conditions, such as nepotism and grossly
preferential treatment for personal reasons.
2. Retaliate against any staff member for nondisruptive expression of dissent.
2
3. Allow staff to be unaware of City Manager's interpretations of their protections under this policy.
4. Allow staff to be unprepared to deal with emergency situations.
City operations are in compliance with the treatment of staff policy.
POLICY TYPE: EXECUTIVE LLVHTATIONS
POLICY TITLE: EMERGENCY CITY MANAGER SUCCESSION
In order to protect the Council from sudden loss of the City Manager Services, the City Manager
shall not permit there to be less than one other person familiar enough with Council and City
Manager issues and procedures to be able to maintain organization services.
Kelly Cooper is the most informed of staff members. The department heads collectively are aware of on-
going activities and projects.
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KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: CONSENT ITEMS-A.
I. Subject:
Consider approval of minutes from October 13, 2014 regular meeting
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
Please see the attached minutes for your approval
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
Fl----Fc—itY Council meeting minutes 10.13.2014 ICC Minutes.10.13.2014.docx
KENNEDALE
Yo Here,Your Home
www.cit.city af kennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING -October 13, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 5:51 PM
II. WORK SESSION
A. Discuss any item on the agenda
Bob Hart discussed the reason for the large consent agenda. All items are standard each year; no
significant changes are being made.
Regular Item C. Bob Hart presented a staff report regarding stormwater drainage utility fee. The
item on the regular agenda will increase the fee from 2.50 to 3.50 for residential includes the same
ratio increase for commercial.
B. Discuss City Council meeting schedule
City Council discussed moving the monthly City Council meetings to another night of the week due
to continual conflicts with other county and regional meetings. The City Attorney is available on the
third Monday of the month or the first or third Tuesday. The next meeting will be Monday,
November 17, 2014.
C. MOVE INTO EXECUTIVE SESSION
The City Council adjourned to Executive Session at 6:24 PM
III. REGULAR SESSION
The Council reconvened into open session at 7:00 PM.
IV. ROLL CALL
Present: Brian Johnson, Charles Overstreet, Mike Walker, Frank Fernandez, Kelly Turner, Liz
Carrington
Absent:
V. INVOCATION
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
VIII. VISITOR/CITIZENS FORUM
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
No one present requested to speak.
IX. REPORTS/ANNOUNCEMENTS
A. Governance/Operational Report including Balanced Scorecard
Bob Hart provided the staff report to city council regarding Governance and the balanced
Scorecard.
Youth Advisory Council Food Truck Event is Thursday, October 16, 2014 5:00 p.m. to 8:00 p.m.
B. Updates from the Mayor
The Mayor made a presentation of Government Finance Officers Association (GFOA) Certificate
of Achievement for Excellence in Financial Reporting to City of Kennedale Finance Department
and Sakura Moten-Dedrick, Director of Finance& Information Technology,for Fiscal Year Ended
September 30, 2013.
Mayor also reported that KISD would be hosting a Chili Supper to raise scholarship funds and
encouraged participation from the city council and those attending the meeting.
C. Updates from the City Council
Liz Carrington spoke to the successful meeting at UTA with Tarrant Regional Water District
Kelly Turner announced that he would be at the Chamber Luncheon Wednesday, October 15 to
give the State of the City address.
Frank Fernandez invited all City Council to attend the Saturday, October 18 Shady Creek East
Block Party from 4:00 p.m. to 7:00 p.m. Fire and Police would be in attendance.
Mike Walker announced the Kennedale Wildcats were undefeated and ranked 4th in the state
Charles Overstreet provided an update from the Mayor's Council meeting.
X. CONSENT ITEMS
A. Consider approval of minutes from September 11, 2014 regular meeting
B. Consider approval of minutes from September 18, 2014 public hearing
C. Consider approval of minutes from September 25, 2014 special meeting
D. Consider approval of minutes from September 22, 2014 special meeting
E. Consider approval of minutes from September 23, 2014 special meeting
F. Consider approving the City Manager to execute an interlocal agreement with the County for
construction of Bloxom Park Road
G. Consider Resolution 430 authorizing participation in various cooperative purchasing programs.
H. Consider Resolution 431 adopting an amended City of Kennedale Financial Management Policy.
I. Consider Resolution 432 adopting an amended City of Kennedale Identity Theft Prevention
Program Policy.
J. Consider Resolution 433 adopting an amended City of Kennedale Grant Submission
&Acceptance Policy.
Page 2 of 4
K. Consider Resolution 434 adopting an amended City of Kennedale Fraud Policy.
L. Consider Resolution 435 adopting an amended City of Kennedale Unclaimed Property Policy.
M. Consider Resolution 436 adopting an amended City of Kennedale Purchasing Policy.
N. Consider Resolution 437 adopting an amended City of Kennedale Procurement Card
Program Policy.
O. Consider Resolution 438 adopting an amended City of Kennedale Investment Policy.
P. Consider Resolution 439 adopting an amended City of Kennedale Internal Controls& Cash
Handling Policy.
Q. Consider Resolution 440 adopting an amended Kennedale Fund Balance Policy.
R. Consider Resolution 441 approving Tarrant County to award the 40th Year CDBG contract to
Tejas Construction Co. in the amount of$132,623.00. In addition the City of Kennedale agrees
to participate in the cost of the construction to the extent the final construction cost exceeds
the available funding.
Motion To approve the consent agenda as presented. Action Approve, Moved By Charles
Overstreet, Seconded By Liz Carrington
Motion passed Unanimously.
XI. REGULAR ITEMS
A. Consider approval of Ordinance 556 to amend the number of members and the number
of members required for a quorum on the Parks and Recreation Board
Staff report by Bob Hart with the recommendation to reduce the number of members
from 9 to 7 and change the quorum from 5 to 4.
Motion To approve Ordinance 556, to amend the number of members on the Parks and
Recreation Board from 9 to 7 and amend the number required for a quorum. Action
Approve, Moved By Mike Walker, Seconded By Frank Fernandez
Motion passed Unanimously.
B. City Council to consider making appointments to the Board of Adjustment/Building Board of
Appeals, Keep Kennedale Beautiful Commission, Kennedale Economic Development
Corporation, Parks and Recreation Board, Planning and Zoning Commission and Library
Advisory Board
Staff report by presented by Bob Hart following the board interviews and instructions provided
by City Council.
Motion To approve the appointments as requested by City Council and listed in the attached
staff report. Action Approve, Moved By Charles Overstreet, Seconded By Kelly Turner
Motion passed Unanimously.
C. Consider Ordinance 558 amending Stormwater Drainage Utility Fees
Staff report by Bob Hart indicating that the 2014-2015 budget was prepared with these fees. This
Ordinance will increase the fee from 2.50 to 3.50 for residential and includes the same ratio for
Page 3 of 4
commercial increase.
Motion To approve Ordinance 558 amending the Stormwater Drainage Utility Fees. Action
Approve, Moved By Kelly Turner, Seconded By Liz Carrington.
Motion passed Unanimously.
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.
D. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government
Code to deliberate the purchase, exchange, lease, or value of real property for the following:
1. Discuss acquisition of sewer easement at 425 Corry A Edwards Drive
2. Discuss acquisition of land at 501 and 601 Dick Price Road
XIII. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
The Council reconvened into open session at 7:00 PM. No Action necessary.
XIV. ADJOURNMENT
Motion To Adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Frank Fernandez
Motion passed Unanimously.
The meeting was adjourned at 7:13PM.
APPROVED: ATTEST:
Mayor Brian Johnson City Secretary Kelly Cooper
Page 4 of 4
KENNEDALE
You're Here,Your Home
www.cityofl<ennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: CONSENT ITEMS- B.
I. Subject:
Receive a report from the Police Department for last year's asset forfeiture account.
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
Each year a report is submitted tot he State Attorney General in regards to the Police Department's asset
forfeiture account. This report is required to be submitted within 60 days of the end of the fiscal year. It is
presented to the council for your review and questions, if any should arise.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
F -Ft-orney General Report Asset Forfeiture G Seizure Re ort. df
FY 2014
CHAPTER 59 ASSET FORFEITURE REPORT
BY LAW ENFORCEMENT AGENCY
Agency Name: Reporting Period:
� � , p0 L (local fiscal year)
Agency Mailing \ example: 01/001/14 to 12/31/14,
Address: 401 y -, QV-L bat de– 09/01/13 to 08/31/14 etc.
Phone Number: 9
County: / Aq-r
Email Address: This should be a
Q permanent agency
' edPC ail address
Gl� -
NOTE:PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR.
I. SEIZED FUNDS PURSUANT TO CHAPTER 59
A) Beginning Balance: $
B) Seizures During Reporting Period:
1)Amount seized and retained in your agency's custody. $
2)Amount seized and transferred to the District Attorney pending forfeiture. $ f ��
J Cf
C) Interest Earned on Seized Funds During Reporting Period: $ �
D) Amount Returned to Defendants/Respondents: $ A —0
E) Amount Transferred to-Forfeiture Account: $ d
F) Other Reconciliation Items: $
G) Ending Balance: I �
Instructions:Add lines A, B(t),C and F,subtract lines D and E,put total in line G. $
H. FORFEITED FUNDS AND OTHER COURT AWARDS PURSUANT TO
CHAPTER 59
A) Beginning Balance: $
B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During a
Reporting Period: $ a?
C) Interest Earned on Forfeited Funds During Reporting Period: $
D) Amount Awarded Pursuant to 59.022(f)(1): $
E) Amount Awarded Pursuant to 59.023(a): $
F) Proceeds Received by Your Agency From Sale of Forfeited Property: $
G) Amount Returned to Crime Victims: $
H) Other Reconciliation Items: $
Form Date 1/15/13 Page I !..
I) Total Expenditures of Forfeited Funds During Reporting Period: $
J) Ending Balance:
Instructions:Add lines A,B,C,D E,F and H,subtract lines G and I,place total in line $ ��
J.
III. OTHER PROPERTY
Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE
currency amount. Example 4 cars seized,3 cars AGENCY DEFENDANTS/ BY AGENCY
forfeited and 0 cars put into use. RESPONDENTS
1) MOTOR VEHICLES(Include cars,motorcycles,
tractor trailers,etc.)
2) REAL PROPERTY(Count each parcel seized as
one item)
3) COMPUTERS (Include computer and attached
system components,such as printers and monitors,as y
one item) J
4) FIREARMS (Include only firearms seized for
forfeiture under Chapter 59. Do not include weapons
disposed under Chapter 18.)
5) Other Property-Description:
Other Property-Description:
Other Property-Description:
IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY
A) Motor Vehicles: #
B) Real Property: #
C) Computers: #
D) Firearms: #
E) Other: #
V. FORFEITED PROPERTY TRANSFERRED ORLOANED TO ANOTHER
AGENCY
A) Motor Vehicles: #
B) Real Property: #
C) Computers: #
D) Firearms: #
E) Other: #
VI. EXPENDITURES
A) SALARIES
1. Increase of Salary,Expense,or Allowance for Employees(Salary Supplements): $
Form Date 1/15/13 Page 2
2. Salary Budgeted Solely From Forfeited Funds: $
3. Number of Employees Paid Using Forfeiture Funds: #
4. TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $
B) OVERTIME
1. For Employees Budgeted by Governing Body: $
2. For Employees Budgeted Solely out of Forfeiture Funds: $
3. Number of Employees Paid Using Forfeiture Funds: #
4. TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: $
C) EQUIPMENT
1. Vehicles: $
2. Computers: $
3. Firearms,Protective Body Armor,Personal Equipment: $
4. Furniture: $
5. Software: $
6. Maintenance Costs: $
7. Uniforms: $
8. K9 Related Costs: $
9. Other(Provide Detail on Additional Sheet): $
10. TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: $
D) SUPPLIES
1. Office Supplies: $
2. Mobile Phone and Data Account Fees: $
3. Internet: $
4. Other(Provide Detail on Additional Sheet): $
5. TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $
E) TRAVEL
1. Total In State Travel $
a)Transportation: $
b)Meals&Lodging: $
c)Mileage: $
d)Incidental Expenses: $
2. Total Out of State Travel $
a)Transportation: $
b)Meals&Lodging: $
Form Date 1/15113 Page 3
c)Mileage: $
d)Incidental Expenses: $
3. TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $
F) TRAINING
1. Fees(Conferences,Seminars): $
2. Materials(Books,CDs,Videos,etc.): $
3. Other(Provide Detail on Additional Sheet): $
4. TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS $
G) INVESTIGATIVE COSTS
1. Informant Costs: $
2. Buy Money: $
3. Lab Expenses: $
4. Other(Provide Detail 6n Additional Sheet): $
5. TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $
H) PREVENTION/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE
/DONATIONS
1. Total Prevention/Treatment Programs(pursuant to 59.06(d-3(6)),(h),(j): $
2. Total Financial Assistance(pursuant to Articles 59.06(n)and(o)): $
3. Total Donations(pursuant to Articles 59.06(d-2)): $
TOTAL PREVENTION/TREATMENT PROGRAMS / FINANCIAL
4. ASSISTANCE/DONATIONS (pursuant to Articles 59.06(d-3(6)),(h), 0),
(n),(o)(d-2)): $
1) FACILITY COSTS
1. Building Purchase: $
2. Lease Payments: $
3. Remodeling: $
4. Maintenance Costs: $
5. Utilities: $
6. Other (Provide Detail on Additional Sheet): $
7. TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $
J) MISCELLANEOUS FEES
1. Court Costs: $
2. Filing Fees: $
3. Insurance: $
4. Witness Fees(including travel and security): $
Form Date 1/15/13 Page 4
5. Audit Costs and Fees(including audit preparation and professional fees): $
6. Other(Provide Detail on Additional Sheet): $
7. TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $
K) PAID TO STATE TREASURY/GENERAL FUND/HEALTH&HUMAN
SERVICES COMMISSION:
I. Total paid to State Treasury due to lack of local agreement pursuant to 59.06(c): $
2. Total paid to State Treasury due to participating in task force not established in
accordance with 59.06(q)(1): $
3. Total paid to General Fund pursuant to 59.06(C-3)(c)(Texas Department of
Public Safety only): $
4. Total forfeiture funds transferred to the Health and Human Services Commission
pursuant to 59.06(p): $
5. TOTAL PAID TO STATE TREASURY/GENERAL FUND/HEALTH&
HUMAN SERVICES COMMISSION OUT OF CHAPTER 59 FUNDS: S
L) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO $
LOCAL AGREEMENT:
M) TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS
WHICH ARE NOT ACCOUNTED FOR IN PREVIOUS CATEGORIES $
(provide detailed descriptions on additional sheet(s) and attach to this
report):
N) TOTAL EXPENDITURES: $
NOTE: BOTH CERTIFICATIONS MUST BE COMPLETED
AUDITOR/TREASURER/ACCOUNTING PRO FESSIONAL/PREPARER CERTIFICATION
I swear or affirm that the Commissioners Court, City Council or Agency Head(if no governing body)
has requested that I conduct the audit required by Article 59.06 of the Code of Criminal Procedure and
that upon diligent inspection of all relevant documents and supporting materials,I believe that the
information contained in this report is true and correct to the best of my knowledge.
AUDITOR,TREASURER,
ACCOUNTING PROFESSIONAL or
PREPARER (Printed Name): J& G( r
TITLE: f-( r- o l a,o/ -e Vla fie.
SIGNATURE: 6(0��® �S 2c--K•- �
DATE: (�' L-?--1h4
Fom Date 1/15/13 Page 5
AGENCY HEAD CERTIFICATION
I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific
expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure,and that upon diligent
inspection of all relevant documents and supporting materials,this asset forfeiture report is true and correct and contains
all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that,to the best
of my knowledge, all expenditures reported herein were lawful and proper, and made in accordance with Texas law.
AGENCY HEAD (Printed Name):
SIGNATURE: /. d®✓ /Q J
DATE: / e /�Z
RETURN COMPLETED FORM TO: Office of the Attorney General
Criminal Prosecutions Division
P.O. Box 12548
Austin,TX 78711-2548
Attn: Kent Richardson
(512)463-1591
Chapter59AuditReport@texasattorneygeneral.gov
WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL
THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE
ADDRESS ABOVE.
Form Date 1/15/13 Page 6 '..
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: REGULAR ITEMS-A.
I. Subject:
Consider Ordinance 557 approving amendments to the Drought Contingency and Emergency Water
Management Plan
II. Originated by:
Larry Ledbetter, Director of Public Works
III. Summary:
The City of Kennedale is required by contract with the City of Fort Worth to amend the Drought
Contingency& Emergency Water Management Plan every five years.
Due to the on-going drought, Tarrant Regional Water District in 2014 required all cities to permanently
implement (YEAR ROUND) phase one watering restrictions to include no outside watering during the
hours of 10:00 am and 6:00 pm.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 557 JORDINANCE NO 557.docx
P. Drou ht Contingency Plan ICity of Kennedale Drought Plan May 2014 Final.docx
ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS
AMENDING ARTICLE VI "DROUGHT CONTINGENCY/WATER
EMERGENCY PLAN" CHAPTER 23 OF THE KENNEDALE CITY
CODE OF ORDINANCES, AS AMENDED, BY ADOPTING ANEW
"DROUGHT CONTINGENCY/WATER EMERGENCY
MANAGEMENT PLAN"; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS OF THE PLAN;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council recognizes that the amount of water available to the
City and its water utility customers is limited and subject to depletion during periods of
extended drought; and
WHEREAS, the City Council further recognizes that natural limitations due to
drought conditions cannot guarantee an uninterrupted water supply for all purposes; and
WHEREAS, the occurrence of droughts cannot be predicted as to when one will begin
or end; and emergency situations can occur at any time as a result of incidents such as
pipeline failures, power outages, and pump failures; and
WHEREAS, Section 11.1272 of the Texas Water Code and the Texas Commission
on Environmental Quality regulations require all public water supply systems in Texas to
prepare a drought contingency and water emergency plan; and
WHEREAS,the City is a wholesale water service customer of the City of Fort Worth; and
WHEREAS, as a wholesale customer of the City of Fort Worth, the City is required to
institute the same rationing and water use restrictions on City customers as does the City of Fort
Worth for so long as any part of the total water supply is furnished by the City of Fort Worth; and
WHEREAS, the City Council wishes to adopt a Drought Contingency/Water Emergency
Management Plan that provides for the reduction of water usage by customers of Kennedale water
system and the implementation of emergency measures to reduce the demand upon the Kennedale
water system during drought conditions; and
WHEREAS, the City Council has determined that the adoption of the attached
Page 1 of 4
Drought Contingency/Water Emergency Management Plan is necessary to promote and
preserve fire safety, and public health and sanitation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C O U N C I L OF
T HE CITY OF KENNEDALE,TEXAS, THAT:
SECTION 1.
Chapter 23, "Water, and Sewage Disposal", Article VI, "Drought Contingency/Water
Emergency Plan" of the Kennedale City Code, is hereby amended in its entirety and
replaced with an amended Drought Contingency/Water Emergency Management Plan, as
contained in Exhibit 'A" attached hereto and incorporated as if fully set forth herein.
SECTION 2.
The City Manager, or his/her duly appointed representative, is hereby authorized
to declare the existence of the trigger conditions for water watch, water warning, and
emergency water use as detailed in the Drought Contingency/ Water Emergency
Management Plan, to initiate the measures prescribed for such conditions, and to terminate
the conditions when the drought or water emergency has ended.
SECTION 3.
The City Manager, or his/her duly appointed representative, is hereby authorized to
enact any or all of the prescribed procedures to enforce the Drought Contingency/ Water
Emergency Management Plan, including the imposition of penalties for unauthorized water use
and granting variances, and to adopt and promulgate rules and regulations if necessary to
protect the public health and safety in case of system failure.
SECTION 4.
This authority established by this ordinance will remain in effect as long as the Texas
Commission on Environmental Quality requires a drought contingency and water
emergency plan or until this ordinance has been repealed or amended by the City Council.
SECTION 5.
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (2009), as amended, including but not limited to all ordinances of the City of
Kennedale affecting drought contingencies or water emergencies, 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 6.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases,
Page 2 of 4
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 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code {1991), as amended, or any
other ordinances regarding drought contingencies and water emergencies 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, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 8.
PENALTY CLAUSE
Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each
violation, and in addition shall pay all costs and expenses involved in the case. Each day a
violation occurs is a separate offense. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 9.
PAMPHLET FORM CLAUSE
The Director of Public Works is hereby authorized to publish in book or pamphlet
form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
SECTION 10.
PUBLICATION CLAUSE
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.
Page 3 of 4
SECTION 11.
EFFECTIVE DATE CLAUSE
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 THE FIRST READING THIS 17TH DAY OF
NOVEMBER, 2014.
APPROVE:
Brian Johnson, Mayor
ATTEST:
Kelly Cooper, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Page 4 of 4
Exhibit A
j(
KENNEDALE
Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
PW S #2200017
Drought Contingency
& Emergency Water
Management Plan
May 2014
Adopted: Effective:
i
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TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES.........................................................................1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES.................................2-1
3. WATER SYSTEM PROFILE......................................................................................3-1
4. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN..................4-2
4.1 Public Involvement......................................................................................4-2
4.2 Public Education.........................................................................................4-2
4.3 Initiation &Termination of Drought& Emergency Response Stages................4-2
4.4 Drought and Emergency Response Stages...................................................4-4
Stage 1 —Water Watch ............................................................4-4
Stage 2—Water Warning.........................................................4-8
Stage 3— Emergency Water Use ...........................................4-10
4.5 Procedures for Granting Variances to the Plan ............................................4-13
4.6 Procedures for Enforcing Mandatory Water Use Measures...........................4-15
4.7 Coordination with the Other Entities............................................................4-15
4.8 Review and Update of Drought Contingency Plan........................................4-16
4.9 Severability...............................................................................................4-16
5. DROUGHT CONTINGENCY PLAN DEFINITIONS..................................................5-17
i
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1. INTRODUCTION AND OBJECTIVES
The purpose of this Drought Contingency and Emergency Water Management Plan
(subsequently referred to as the Plan)is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought
contingency plan as"a strategy or combination of strategies for temporary supply and
demand management responses to temporary and potentially recurring water supply
shortages and other water supply emergencies."
TCEQ rules governing development of and minimum requirements for drought contingency
plans for municipal water suppliers and wholesale water suppliers are contained in Texas
Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule
288.22,respectively.
3. WATER SYSTEM PROFILE
Kennedale owns and operates five groundwater wells that pump water from the Trinity
aquifer; these wells can reliably deliver up to 1.8 MGD. The City may also purchase up
to 2.5 MGD of treated surface water from the City of Fort Worth. Fort Worth purchases
raw surface water from the Tarrant Regional Water District(TRWD). The Fort Worth
surface water supply sources are:
• West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake
Bridgeport; (A pipeline connecting Eagle Mountain Lake to the East Texas supply
is under construction.)
• East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of
Fort Worth; and Richland Chambers Reservoir, located approximately 75 miles
southeast of Fort Worth; and
• Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake
Benbrook to the East Texas Supply.)
Kennedale has 3150 active retail service connections.
In accordance with Section 2.3 of the wholesale water contract, the City of Kennedale is
required to institute and apply the same rationing, conservation measures or restrictions to
the use of water by their customers for so long as any part of their total water supply is being
furnished by Fort Worth.
Kennedale maintains about 58 miles of distribution pipelines.
The water supply triggers defined in Section 4.4 were provided to Kennedale via Fort Worth
and were developed by Tarrant Regional Water District. TRWD selected its triggers after
hiring an outside consultant to evaluate where the triggers levels should be for the drought
plan to achieve meaningful water savings.
4. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT
PLAN
4.1 Public Involvement
The City will afford an opportunity for the public to provide input into the preparation
and/or amendment of the Plan by scheduling and providing notice of a public meeting.
Notices will be posted on the City website and in the vestibule of City Hall located at 405
Municipal Drive, Kennedale, Texas.
After the Plan is adopted, it will be available on the City website in the Municode section.
In addition, the Plan will be mailed to those who request a copy in writing. Written requests
should be addressed to the Public Works Director, City of Kennedale, 405 Municipal Drive,
Kennedale, Texas.
4.2 Public Education
The City will periodically provide the public with information about the Plan,including
when a stage of the Plan has been initiated or terminated,information about the conditions
under which each stage of the Plan is to be initiated or terminated and the drought response
measures to be implemented in each stage. This information may be provided by
publication in the local newspaper,press releases, utility bill inserts, and the City's
newsletter and website.
4.3 Initiation & Termination of Drought & Emergency Response Stages
The provisions of this Plan shall apply to all persons, customers, and property utilizing
potable water provided by the City of Kennedale. The terms "person" and "customer" as
used in the Plan include individuals, corporations, partnerships, associations, and all other
legal entities. The Plan does not apply to locations using treated wastewater effluent,
private wells or possessing their own water rights in the Trinity River; however, any
pond, impoundment, body of water, or other water source that is supplemented, or has the
ability to supplement supply, with potable water shall adhere to the provisions of this
plan.
The Plan may be applied to the entire city or geographic portions of the city as necessary.
If the Plan is applied only to a limited sector, the boundaries will be defined in terms of
roadways, creeks and other easily distinguishable features, such as city limits.
Mandatory Year Round Watering Restrictions
The following restrictions are year round mandatory water conservation strategies that
will be enforced even when no Drought Stage has been initiated. The exceptions noted in
Stage 1 Drought restrictions also apply to the year round mandatory restrictions.
• No outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6
p.m.
• Limit landscape watering with sprinklers or irrigation systems at each service
address to a twice per week schedule as outlined below. This includes landscape
watering of parks, and sports fields.
• Residential addresses ending in an even number(0, 2, 4, 6, or 8)may water
on Wednesdays and Saturdays.
• Residential addresses ending in an odd number(1, 3, 5, 7 or 9)may water on
Thursdays and Sundays.
• All non-residential locations (apartment complexes, businesses, industries,
parks, medians, etc.)may water on Tuesdays and Fridays
Initiation of a Drought/ Emergency Water Management Stage
The City Manager or his/her duly appointed representative will monitor water supply and
City system demands on a daily basis and will determine when conditions warrant initiation
or termination of each stage of the Plan. This information shall be provided to the public by
some or all of the following methods: publication in the local newspaper, press releases,
utility bill inserts, and/or the City's newsletter or website.
Although each stage of the Plan will generally be implemented sequentially, when specific
"triggers" are reached, the City Manager or his/her duly appointed representative may
initiate the Plan beginning at any stage. Conversely, the City Manager or his/her duly
appointed representative is not required to initiate the Plan simply because a"trigger"was
reached.
Additional measures may be invoked whenever necessary, or if implementation of any stage
of the Plan does not reduce demand enough to allow proper management of the system.
The City has a Wholesale Water Purchase Contract with the City of Fort Worth and is
required to initiate water restrictions at least as stringent as those initiated by the City of Fort
Worth.
Stages imposed by Tarrant Regional Water District(TRWD) action must be initiated by
the City of Fort Worth and the City of Kennedale.
Termination of a Drought Stage
The City Manager or his/her official designee may order the termination of a drought
response or water emergency stage when the conditions for termination are met or at their
discretion. The public will be notified through local media, newsletter and the City of
Kennedale Web site.
The City Manager or his/her official designee may decide not to order the termination of a
drought response stage or water emergency even though the conditions for termination of
the stage are met. The City Manager or his designee may choose to implement a phased out
approach when exiting various stages to protect the integrity of the system. Factors which
could influence such a decision include, but are not limited to, the time of the year, weather
conditions, or the anticipation of potential changed conditions that warrant the continuation
of the drought stage. The reason for this decision should be documented.
4.4 Drought and Emergency Response Stages
Stage 1 —Water Watch
Triggering Conditions
• Water demand reaches or exceeds 90% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified
portion of the system.
• Kennedale's water treatment or distribution system becomes contaminated.
• Kennedale's water demand for all or part of the delivery system approaches delivery
capacity.
• Kennedale's water supply system is unable to deliver water due to the failure or
damage of major water system components.
• TRWD initiated Stage 1 —Water Watch for one or more of the following reasons:
• Total raw water supply in TRWD western and eastern division reservoirs
drops below 75%(25% depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
• Water demand is projected to approach the limit of TRWD's permitted
supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 1 drought.
Terminating Conditions for Stage 1
Stage 1 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or
above 85%for 90 consecutive days, whichever occurs first.
Goal for Use Reduction for Stage 1
The goal for water use reduction under Stage 1, Water Watch, is five percent. If
circumstances warrant or if required by TRWD, the City Manager or his/her official
designee can set a goal for greater water use reduction.
Actions Available for Stage 1
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s)required by the Tarrant Regional Water District.
All Water Users
Initiate mandatory restrictions to prohibit non-essential water use as follows:
• Discourage hosing of paved areas, such as sidewalks, driveways, parking lots,
tennis courts, patios, or other impervious surfaces, except to alleviate an
immediate health or safety hazard. This may include premises with raw or
processed food, pharmaceutical or vaccine processing, storage or vending
establishments including restaurants and grocery stores may be washed to the
extent necessary for sanitary purposes. These areas may also include:
• Trash and dumpster areas
• Areas around fuel pumps
• Store front cleaning of areas with accumulated bird droppings,
feathers and debris
• Localized spot cleaning of parking areas to remove oil, grease
buildup that may pose a health and safety issue.
• Discourage hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting.
• Prohibit using water in such a manner as to allow runoff or other waste,
including:
■ failure to repair a controllable leak, including a broken sprinkler
head, a leaking valve, leaking or broken pipes, or a leaking
faucet;
• operating a permanently installed irrigation system with: (a) a
broken head; (b) a head that is out of adjustment and the arc of
the spray head is over a street or parking lot; or(c) a head that is
misting because of high water pressure; or
• during irrigation, allowing water to(a)to run off a property and
form a stream of water in a street for a distance of 50 feet or
greater; or(b)to pond in a street or parking lot to a depth greater
than one-quarter of an inch.
• Allowing or causing an irrigation system or other lawn watering
device to operate during any form of precipitation or when
temperatures are at or below 32 degrees Fahrenheit.
• Prohibit outdoor watering with sprinklers or irrigation systems between 10 a.m. and
6 p.m.
• Limit landscape watering with sprinklers or irrigation systems at each service
address to a twice per week schedule as outlined below. This includes landscape
watering of parks, and sports fields.
• Residential addresses ending in an even number(0, 2, 4, 6, or 8)may water
on Wednesdays and Saturdays.
• Residential addresses ending in an odd number(1, 3, 5, 7 or 9)may water on
Thursdays and Sundays.
• All non-residential locations (apartment complexes, businesses, industries,
parks, medians, etc.)may water on Tuesdays and Fridays.
Exceptions:
• Lawns and landscaping may be watered on any day by handheld hose,
drip irrigation, a soaker hose or tree bubbler.
• Water use necessary for the repair of an irrigation system, plumbing line,
fountain, etc. in the presence of the person making the repair.
• Outdoor watering at service addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the
Public Works Director, if the Public Works Director determines that a
property cannot be completely irrigated with an average of three-quarters
of an inch of water in a single day, and that the property should be
divided into sections to be irrigated on different days. If approved, no
station will be watered more than twice per week.
• Establishing new turf is discouraged. If hydro mulch, grass sod, or grass
seed is installed for the purpose of establishing a new lawn, there are no
watering restrictions for the first 30 days while it is being established.
After that,the watering restrictions set forth in this stage apply. (This
does not include over seeding with rye, or seasonal grasses, since turf
already exist.)
• Skinned areas of sports fields may be watered as needed for dust control.
• Watering of athletic fields(fields only, does not include surrounding
landscaped areas)used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety
of the players, staff, or officials present for athletic events. Encouraged
to reduce water use by five percent.
• Public areas that are open to the public at-large and have a high—impact
from frequent use may be allowed additional watering, with a variance
granted by the Public Works Director,if it is deemed to be beneficial to
serve and protect the community ameni . . Examples may include but
are not limited to: outdoor amphitheaters, demonstration gardens, public
art exhibitions, outdoor learning areas, arboretums, etc.
• All users are encouraged to reduce the frequency of draining and refilling swimming
pools.
• All users are encouraged to use native and adapted drought tolerant plants in
landscaping.
• Washing of any motor vehicle, motorbike,boat, trailer, airplane, or other vehicle
shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a
positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at
any time on the premises of a commercial car wash or commercial service station.
Companies with an automated on-site vehicle washing facility may wash its vehicles
at any time. Further, such washing may be exempt from these requirements if the
health, safety, and welfare of the public are contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and
perishables.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot
tubs and Jacuzzi type pools except to maintain adequate water levels for structural
integrity, proper operation and maintenance, and/or to alleviate an issue that poses a
public safety risk.
City and Local Governments
In addition to the actions listed above:
• Review conditions and problems that caused Stage 1. Take corrective action.
• Increase public education efforts on ways to reduce water use.
• Increase enforcement efforts.
• Intensify leak detection and repair efforts.
• Audit all city and local government irrigation systems to ensure proper condition,
settings, and operation.
• Identify and encourage voluntary reduction measures by high-volume water users
through water use audits.
• Reduce non-essential water use. As used herein, non-essential water uses are those
that do not have any health or safety impact and are not needed to meet the core
function of the agency.
• The Fort Worth Water Director or his/her designee will notify wholesale customers
of actions being taken and require them to implement the same stage and measures.
Such action is in accordance with Section 2.3 of the uniform wholesale water
contract. Per the contract,wholesale customers are required to institute and apply the
same rationing, conservation measures or restrictions to the use of water by their
customers for so long as any part of their total water supply is being furnished by
Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions.
• Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an
"on demand"basis.
• Hotels are encouraged to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
• Car wash facilities must keep equipment in good working order, which should
include regular inspections to be sure there are no leaks,broken or misdirected
nozzles, and that all equipment is operating efficiently.
• All commercial and industrial customers are encouraged to audit irrigation systems
Stage 2 —Water Warning
Triggering Conditions for Stage 2
• Water demand reaches or exceeds 95% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified
portion of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system equals or exceeds delivery capacity
because delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major
water system components.
• TRWD initiated Stage 2—Water Warning for one or more of the following reasons:
• Total raw water supply in TRWD western and eastern division reservoirs
drops below 60%(40% depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
• Water demand is projected to approach the limit of TRWD's permitted
supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
• The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 2 drought.
Terminating Conditions for Stage 2
Stage 2 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or
above 70%for 30 consecutive days.
Goal for Use Reduction for Stage 2
The goal for water use reduction under Stage 2—Water Warning is to decrease use by 10
percent. If circumstances warrant or if required by TRWD, the City Manager or his/her
official designee can set a goal for greater water use reduction.
Actions Available for Stage 2
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s)required by the Tarrant Regional Water District.
• Continue actions under Stage 1.
• Initiate engineering studies to evaluate water supply alternatives should conditions
worsen.
All Water Users
• Limit landscape watering with sprinklers or irrigation systems to a once per week
schedule at each service address as determined by the Public Works Director. This
includes landscape watering at parks, and sports fields.
Exceptions:
o Lawns and landscaping may be watered on any day, at any time, by
handheld hose, drip irrigation, a soaker hose or tree bubbler.
• Outdoor watering at service addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the director
of utilities,if the director determines that a property can not be completely
irrigated with an average of three-quarters of an inch of water in a single day,
and that the property should be divided into sections to be irrigated on
different days. If approved, no station will be watered more than once per
week.
• Watering of athletic fields(fields only, does not include surrounding
landscaped areas)used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events. Encouraged to
reduce water use by 10%.
■ All users are encouraged to wait until the current drought or emergency
situation has passed before establishing new landscaping and turf. Variances
granted for establishing new turf grass or landscaping will be for a maximum
of 30 days from the date of approval. After that, the watering restrictions set
forth in this stage apply. (This does not include over seeding with rye since
turf already exists.)
• Discourage the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot
tubs and Jacuzzi type pools except to maintain adequate water levels for structural
integrity, proper operation and maintenance, and/or to alleviate an issue that poses a
public safety risk.
• Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools
when not in use.
City and Local Governments
• Review conditions or problems that caused Stage 2. Take corrective action.
• Increase frequency of media releases on water supply conditions.
• Further accelerate public education efforts on ways to reduce water use.
• Eliminate non-essential water use. As used herein, non-essential water uses are those
that do not have any health or safety impact and are not needed to meet the core
function of the agency.
• Prohibit wet street sweeping.
• The Fort Worth Water Director or his/her designee will notify wholesale customers
of actions being taken and require them to implement the same stage and measures.
Such action is in accordance with Section 2.3 of the uniform wholesale water
contract. Per the contract,wholesale customers are required to institute and apply the
same rationing, conservation measures or restrictions to the use of water by their
customers for so long as any part of their total water supply is being furnished by
Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Use of water from fire hydrants for any purpose other than firefighting related
activities or other activities necessary to maintain public health, safety and welfare
requires a variance issued by the Public Works Director.
Stage 3 — Emergency Water Use
Triggering Conditions for Stage 3
• Water demand has reaches or exceeds 98% of reliable delivery capacity for one
day. The delivery capacity could be citywide or in a specified portion of the
system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major
water system components.
• TRWD has initiated Stage 3 —Emergency Water Use, which may also be initiated
by one or more of the following:
• Total raw water supply in TRWD western and eastern division reservoirs
drops below 45%(55% depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
• Water demand is projected to approach or exceed the limit of TRWD's
permitted supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
• The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 3 drought.
Terminating Conditions for Stage 3
Stage 3 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or
above 55%for 30 consecutive days, whichever occurs first.
Goals for Use Reduction for Stage 3
The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by
20 percent. If circumstances warrant or if required by TRWD, the City Manager or his/her
official designee can set a goal for a greater water use reduction.
Actions Available for Stage 3
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee
must implement any action(s)required by the Tarrant Regional Water District.
• Continue or initiate any actions available under Stages 1 and 2.
All Water Users
• Prohibit landscape watering, including at parks and sports fields.
Exceptions:
• Watering with hand-held hose, soaker hose or drip irrigation system may
occur any day and any time. (The intent of this measure is to allow for the
protection of structural foundations, trees, and other high value landscape
materials).
• Watering of athletic fields(fields only, does not include surrounding
landscaped areas)used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events may be allowed to
water by variance. A water management plan must be submitted to the
Public Works Director detailing how each area will comply with stage 3
drought measures.
• Prohibit establishment of new landscaping. Variances may be granted for those
landscape projects started prior to the initiation of stage 3 drought restrictions.
• Vehicle washing restricted to commercial car wash, commercial service station or a
private on-site vehicle washing facility and can only be done as necessary for health,
sanitation, or safety reasons, including but not limited to the washing of garbage
trucks and vehicles used to transport food and other perishables. All other vehicle
washing is prohibited.
• Prohibit the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life.
• Prohibit the draining, filling, or refilling of swimming pools, wading pools and
Jacuzzi type pools. Existing private and public pools may add water to maintain pool
levels; however they may not be refilled using automatic fill valves.
• Prohibit hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting with high-pressure equipment.
Must be performed by a professional power washing service utilizing high efficiency
equipment and a vacuum recovery system where possible.
City and Local Governments
In addition to actions listed above:
• Continue or initiate any actions available under Stages 1 and 2.
• Review conditions or problems that caused Stage 3. Take corrective action.
• Implement viable alternative water supply strategies.
• Increase frequency of media releases explaining emergency situation.
• Reduce city and local government water use to maximum extent possible.
• Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas,
ornamental ponds and fountain construction. Pools already permitted and under
construction may be completely filled with water.
• The Fort Worth Water Director will notify wholesale customers of actions being
taken and require them to implement the same stage and measures. Such action is in
accordance with Section 2.3 of the uniform wholesale water contract. Per the
contract, wholesale customers are required to institute and apply the same rationing,
conservation measures or restrictions to the use of water by their customers for so
long as any part of their total water supply is being furnished by Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Hotels, restaurants, and bars required to serve drinking water to patrons on an"on
demand"basis.
• Hotels are required to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
• Stock at commercial plant nursery may be watered only with a hand-held hose,
hand-held watering can, or drip irrigation system.
• Commercial and industrial water users required to reduce water use by a set
percentage determined by the Public Works Director.
• Use of water from hydrants for any purpose other than firefighting related activities
or other activities necessary to maintain public health, safety and welfare requires a
special permit issued by the Public Works Director. Fire hydrant use may be limited
to only designated hydrants.
4.5 Procedures for Granting Variances to the Plan
Variances granted from any particular stage of the Plan will automatically expire when that
particular stage is terminated and is no longer in effect.
A variance is not automatically renewable; a subsequent re-initiation of a stage from which
an applicant was previously granted a variance will require a new application and a new
variance.
A variance will not be re-issued to an applicant simply because that applicant had previously
been granted that variance. Each application will be evaluated based on the conditions in
place at the time that application is received, regardless of any previously granted variance.
No variance will be retroactive or otherwise exempt an applicant from a violation of the
Plan occurring prior to the issuance of the variance.
Grounds for Granting a Variance
The City Manager or his/her duly appointed representative may grant temporary variances
for water uses otherwise prohibited under this Plan only if all of the following conditions are
met:
1. Granting the variance would not cause an immediate, significant reduction in the
City's water supply;
2. Failure to approve the variance would result in an extreme hardship or need
relating to health, safety or welfare of the applicant;
3. Granting the variance would not adversely affect the health, safety and welfare
of other persons; and
4. The applicant signs a compliance agreement provided by the City Manager or
his/her duly appointed representative agreeing to use water only in the amount
and manner approved by the variance.
Information Required for a Variance Request
Any application for variances must be in writing and must include the following
information:
1. Name and address of applicant(s);
2. Purpose of water use and the amount of daily use;
3. Specific provisions from which relief is requested;
4. A detailed statement of the adverse effect of the provision from which relief is
requested
5. A description of the relief requested;
6. The period of time for which the variance is sought;
7. Alternative measures that will be taken to reduce water use;
8. Methods of measurement and reporting to confirm water use reductions (if
applicable); and
9. Any other pertinent information requested.
Requests for a variance may be directed to the following address:
Director of Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Revocation of a Variance
The City Manager or his/her duly appointed representative may revoke a variance when he
or she determines that:
• The conditions set out in Grounds for Granting a Variance, above, are not being met
or are no longer applicable;
• The terms of the compliance agreement have been violated; or
• Revocation is advisable to protect the health, safety, or welfare of the public or any
person.
4.6 Procedures for Enforcing Mandatory Water Use Measures
Mandatory water use restrictions are in place year round and additional restrictions may be
imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by
warnings and penalties as follows:
• On the first violation, customers will be given a written warning that they have
violated the mandatory water use restriction.
• On the second and subsequent violations, citations may be issued to customers, with
minimum and maximum fines established by ordinance.
• After three violations have occurred, the utility may cut off water service to the
customer.
4.7 Coordination with the Other Entities
The Texas Water Development Board established Regional Water Planning Groups
pursuant to Senate Bill 1 (751h Texas Legislature) and made these groups responsible for the
development of regional water management plans. The City has modeled this plan to be
complimentary to the Fort Worth plan. The Fort Worth plan has been modeled to conform
to TRWD requirements and also to be complimentary with other retail water suppliers in the
region.
4.8 Review and Update of Drought Contingency Plan
The City will review the Plan at least every five years, as required by Texas Commission on
Environmental Quality rules. The Plan, or its sections, may be amended, revised or updated
anytime it is appropriate to include new information.
4.9 Severability
It is hereby declared to be the intent of the City that the sections, paragraphs, sentences,
clauses and phrases of this Plan are severable, and if any section, paragraph, sentence, clause
or phrase of this Plan is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
sections, paragraphs, sentences, clauses or phrases of this Plan, since the same would not
have been enacted by the City without the incorporation into the Plan of any such
unconstitutional section, paragraph, sentence, clause or phrase.
5. DROUGHT CONTINGENCY PLAN DEFINITIONS
Term Definition
Aesthetic water use Water use for ornamental or decorative features such as fountains, reflecting pools
and water gardens.
Alternative Water Source Means water produced by a source other than a water treatment plan and in not
considered potable.These sources can include, but are not limited to:
reclaimed/recycled water,collected rain water,collected grey water, private well
water.
Athletic field Means a sports playing field,the essential feature of which is turf grass, used primarily
for organized sports for schools, professional sports,or sanctioned league play.
Automatic Irrigation Means a site specific system of delivering water generally for landscaping via a system
System of pipes or other conduits installed below ground that automatically cycles water use
through water emitters to a preset program,whether on a designated timer or
through manual operation.
Aquatic Life Means a vertebrate organism dependent upon an aquatic environment to sustain its
life.
Conservation Those practices,techniques,and technologies that reduce water consumption; reduce
the loss or waste of water; improve the efficiency in water use; and increase the
recycling and reuse of water so that supply is conserved and made available for other
or future uses.
Customer Any person,company,or organization using water supplied by TRWD or through an
entity supplied by TRWD.
Drip irrigation An irrigation system (drip,porous pipe,etc.)that applies water at a predetermined
controlled low-flow levels directly to the roots of the plant
Drought Contingency Plan Means a strategy or combination of strategies for temporary supply management and
demand management responses to temporary or potentially recurring water supply
shortages and other water supply emergencies.
Fountain An artificially created jet,stream or flow of water, a structure,often decorative,from
which a jet,stream or flow of water issues.
Hand-held hose Means a hose physically held by one person,fitted with a manual or automatic
shutoff nozzle.
Hand Watering Means the application of water for irrigation purposes through a hand-held watering
hose,watering can,or bucket.
Hose-end Sprinkler Means a device through which water flows from a hose to a sprinkler to water any
lawn or landscape.
Hosing Means to spray,water,or wash with a water hose.
Industrial water use Means the use of water for or in connection with commercial or
industrial activities, including but not limited to, manufacturing, bottling, brewing,
food processing, scientific research and technology, recycling, production of concrete,
asphalt,and cement,commercial uses of water for tourism,entertainment,and hotel
or
motel lodging,generation of power other than hydroelectric and other business
activities.
Irrigation system Means a system of fixed pipes and water emitters that apply water to landscape
plants or turf grass, including, but not limited to,
in-ground and permanent irrigation systems.
Lake, lagoon or pond Means an artificially created body of fresh or salt water.
Landscape irrigation use Water used for the irrigation and maintenance of landscaped areas,whether publicly
or privately owned,including residential and commercial lawns,gardens,golf courses,
parks, right-of-ways, medians and entry ways.
"New landscape" means a. Installed during construction of a new house, multi-family dwelling,or
commercial building;
b. Installed as part of a governmental entity's capital improvement project; or
c. Alters more than one-half the area of an existing landscape.
Non-essential water use Water uses that are not required for the protection of public health,safety and
welfare,such as:
a. Irrigating landscape areas, including parks,athletic fields, and golf courses,
except as otherwise provided under this plan;
b. Washing any sidewalks,walkways,driveways, parking lots,tennis courts,or
other hard-surfaced areas;except to alleviate a public health and safety
issue;
c. Washing any automobile, motorbike, boat(and/or trailer),airplane,or other
vehicle except where required by law for safety and sanitary purposes.
d. Washing buildings or structures for purposes other than immediate fire
protection,or other uses provided under this plan;
e. Filling, refilling,or adding to any swimming pools or Jacuzzi-type pools,
except to maintain safe operating levels;
f. Filling or operation of a fountain or pond for aesthetic or scenic purposes
except when necessary to support aquatic life;
g. Failure to repair a controllable leak within a reasonable time period after
being directed to do so by formal notice; and
h. Drawing from hydrants for construction purposes or any other purpose other
than firefighting or protection of public drinking water supplies.
Park Means a non-residential or multifamily tract of land,other than a golf course,
maintained by a city, private organization,or individual,as a place of beauty or public
recreation and available for use to the general public.
Power/Pressure washer Means a machine that uses water or a water-based product applied at high pressure
to clean impervious surfaces.
Pressure washer Means a machine that uses water or a water-based product applied at 1500 pounds
(High-Efficiency) per square inch (PSI) or greater.
Reclaimed Water Municipal wastewater effluent that is given additional treatment and distributed for
reuse in certain applications.Also referred to as recycled water.
Soaker hose Means a flexible hose that is designed to slowly emit water across
the entire length and connect directly to a flexible hose or spigot. Does not include
hose that by design or use sends a fine spray in the air. It is not considered drip
irrigation.
Splash Pad/Spray Park Means an area for water play that has no standing water.Typically,they utilize
various spray nozzles which spray water in multiple directions.
Swimming pool Means any structure, basin,chamber,or tank including hot tubs,containing an
artificial body of water for swimming,diving,or
recreational bathing,and having a depth of two (2)feet or more at any point.
Vegetable garden Means any noncommercial vegetable garden planted primarily for household use;
"noncommercial" includes incidental direct selling of produce from such a vegetable
garden to the public.
Well Water Means water that has been,or is,obtained from the ground by digging, boring,or
drilling to access an underground aquifer.
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1
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: REGULAR ITEMS- B.
I. Subject:
Consider approval of an Ordinance 559 amending the city's schedule of administrative fees.
II. Originated by:
Sakura Moten-Dedrick, Director of Finance & IT
III. Summary:
The purpose of this ordinance is to set forth those fees and charges authorized to be charged by the City
of Kennedale pursuant to specific authorization by the City Council. Fees and charges help offset both
direct and indirect costs associated with the administration, investigation and implementation of
ordinances and regulations applicable to development, as well as numerous other City activities and
operations.
The City Council last approved revisions to this "schedule" of fees and charges on June 12,
2014 (Administrative Fees: Pavilion Rentals, Library, Water Deposits). For the purposes of this update,
City staff would like to incorporate several changes, which are denoted in red on attached Schedule of
Fees. In terms of staffs reasoning for the denoted items:
Pavilion Rentals- The Senior Citizen Center has been renting out their facility for quite some time. The
establishment of these fees only serves to formalize the rental process and regulate payments and the
return of deposits in the same fashion as all other city facility rentals (i.e., TownCenter Park, pavilions,
community center, etc.). Not only does staff recommend continuing the rental of the building to members,
but we also desire to make it available to all Kennedale residents as well.
Water/Sewer Fees - In our most recent review, we have determined that the current "Transfer Fee" is not
in line with Global's best practices. They are incorporating this fee; however, it is a very manual process
outside of their regular procedures. In an effort to better standardize our billing process and minimize the
high potential for error and misapplication across utility accounts, we recommend transitioning to the
"Establishment Fee." This fee covers the cost of creating new/transitioning customer files and turning
water back on in the field and, if necessary, replacing the meter if it has been removed.
Planning Fees - Based on a recent review of fees charged in other surrounding cities, we believe these
amounts are more in line with what builders and developers would expect to pay, and thus will enhance
the business climate in Kennedale.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 559 10rdinance 559.Schedule of Fees.docx
P. Exhibit A: Schedule of Fees ISchedule of Fees Pro osed . df
Page 2 of 2
ORDINANCE NO. 559
AN ORDINANCE AMENDING SECTION 2-3 OF THE KENNEDALE
CITY CODE (1991), AS AMENDED, BY AMENDING, REPEALING, OR
PROVIDING FOR FEES FOR CERTAIN CITY SERVICES; PROVIDING
FOR THE ADOPTION OF ADDITIONAL FEES BY ORDINANCE;
PROVIDING FOR THE REPEAL OF FEES INCONSISTENT WITH THE
FEES ESTABLISHED HEREIN; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, in order to offset costs associated with the administration, investigation and
implementation of ordinances and regulations applicable to development and other activities, the
City Council has previously established a schedule of fees; and
WHEREAS, the City Council now desires to update its schedule of fees by amending or
repealing certain fees and adopting new fees; and
WHEREAS, the City Council desires to repeal all previously adopted fees, which are
inconsistent with fees established by this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 2-3 of the Kennedale City Code, as amended, is hereby amended to read as
follows:
"Sec. 2-3. Fees for Licenses, Inspections, Permits, etc.
(a) All persons, firms or corporations applying for licenses, inspections, permits or other city
services, activities or uses that, by their nature, require the applicant to pay a fee incident
to such application, shall be required to pay the following fees as established in Exhibit
"A."
(b) The City Council shall periodically review the need for and the amount of fees for city
services, uses and activities and shall adopt or revise it from time to time.
(c) In addition to the fees established in paragraph(a) above, the City Council may adopt
other ordinances from time to time establishing various fees for city services, activities
and uses.
(d) It shall be a violation of this Section to conduct any activity or commence any use for
which the payment of a fee is required unless such fee has been paid."
SECTION 2.
The fees set forth in Exhibit A attached to this ordinance are hereby adopted.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 4.
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 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of Section 2-3 of the Kennedale City Code (1991), as amended, or
any other ordinance or code provision affecting fees which 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, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date 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 52.011 of the Local
Government Code.
SECTION 8.
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,ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 17th day of November, 2014.
APPROVED:
Mayor, Brian Johnson
ATTEST:
Kelly Cooper, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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A A 2 2
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date: November 17, 2014
Agenda Item No: REGULAR ITEMS-C.
I. Subject:
CASE# PZ 14-08 Public hearing and consideration of Ordinance 560 approval regarding a request by the City of
Kennedale for a zoning change for 23.8 acres from "C-2" General commercial district to "I" Industrial district, at
7200, 7201, 7203, 7205, 7206, 7207, 7208, 7210, 7218, 7220, 7222, 7224, 7226, 7228, 7230, 7232, 7234, &
7236& 3 unaddressed parcels on Bloxom Park Rd, 7208, 7210, 7213, 7225, &an unaddressed parcel on
Hudson Village Creek Rd, and 4310, 4382, & an unaddressed parcel on Eden Rd S, legal descriptions of Wade H
Hudson Survey A 716 Tracts 2C, 2C01, 2CO2, 2CO3, 2C04, 2C04A, 2C05, 2C06, 2C07, 2C08, 2C09, 2C10, 2C10A,
2C11, 2C12, 2C13, 2C18, 2C19, 2C20, 2C21, 2C22, 2C23, 2C24, 2C25, 2C25A, 2C25 B, 2C14, 2C15, 2C16, & Peter
Rouche Survey A1338 Tracts 1, 113, 1C, 2, 213, & 2C.
1. Staff presentation
2. Public hearing
3. Staff summary and recommendation
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
Applicant: City of Kennedale
Location: Bloxom Park Rd (off Hudson Village Creek Rd)
Request: rezone from C-2 to I
Background &Overview.
The properties along Bloxom Park Road (see map) are currently zoned C-2 general commercial.The Future Land
Use Plan designates the properties as Light Industrial.The City has taken some small steps to implement the
comprehensive land use plan, and rezoning these properties would be the first step toward achieving this
component (transitioning to a light industrial district in this area) of the comprehensive plan.The City of
Kennedale does not have a light industrial zoning district, however, so city staff request to rezone the
properties to "I" Industrial zoning (see Staff Review, below).
We received several phone calls and an email message regarding this case. Most of the phone calls have been
from property owners or businesses owners in the area to be rezoned who wanted more information about the
case but did not express an opinion for or against the rezoning request.The email message was received from a
property owner opposed to the request, since he did not think the City had the authority to rezone. Staff also
met with several property owners from the area, and they did not express concern about the zoning change,
since a rezoning would not affect their ability or their tenants' ability to continue operating their businesses.
Staff Review.
Compliance with the comprehensive land use plan.
The Future Land Use Plan shows this area as Light Industrial.This is the only part of the Light Industrial
character district not already zoned for industrial use.The city does not have a Light Industrial zoning district at
this time. A Light Industrial district could be established through the upcoming code update this next fiscal year,
but in the meantime,the Industrial zoning district can be used to move this area towards conformity with the
comprehensive plan. Staff considers the rezoning request to be in compliance with the comprehensive land use
plan.
Compliance with the strategic plan.
The strategic plan does not speak to this rezoning request.
Compliance with City Council priorities.
The Council's list of priorities according to the balanced scorecard process does not address this rezoning
request.
Staff Recommendation.
Staff recommends approval.
Planning&Zoning Commission Recommendation.
The Planning&Zoning Commission considered this case during its meeting on October 16.The members of the
Commission voted to recommend approval of the rezoning,with 4 members voting in favor, 1 member voting
against, and 1 abstaining.
City Council Consideration.
City code establishes the Council's process for considering rezoning requests.
Sec. 17-429(h)
The proponent of any zoning change shall satisfy the city council that either the general welfare of the portion
of the city affected by the area to be changed will be enhanced, or that the property is unusable for the
purposes allowed under existing zoning. If such is proved to the council's satisfaction, it may grant the
requested zoning change; or it may change the zoning designation on a portion of such property; or it may
initiate a request to consider changing all or a portion of such property to a district other than that requested
and of a different character. Furthermore, not withstanding any provision to the contrary,the city council
acting on the recommendation of the planning and zoning commission or on its own initiative, in considering a
rezoning application may 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.
Sample Motions.
I make a motion to approve Case PZ 14-08.
1 make a motion to deny Case PZ 14-08.
1 make a motion to deny Case PZ 14-08 without prejudice.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII.Alternative Actions:
IX. Attachments:
1. PZ 14-08 map showing PZ 14-08 site.pdf
site
2. PZ 14-08 aerial view PZ 14-08 aerial view.pdf
3. Future Land Use Plan Kennedale_Future Land Use_Light industrial district.jpg
excerpt
4. Sec. 17-421 Schedule Sec._17_421._Schedule_of_uses_and_off_street_parking_requirements..docx
of Uses
5. Ordinance 560 ORDINANCE 560. PZ 14-08.docx
BATCHELOR RD
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7 Kennedale city limits HUDSON-RD
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Sec. 17-421. -Schedule of uses and off-street parking requirements.
(a) Schedule of uses and off-street parking established. Land and buildings in each of the following classified
districts may be used for any of the following listed uses but no land shall hereinafter be used and no building
or structure shall hereinafter be occupied, used, erected, altered, removed, placed, demolished, or converted
which is arranged or designed to be used for other than those uses specified for the district in which it is
located as set forth by the following schedule of uses:
X Designates use permitted in district
Designates use prohibited in district
S Use permitted with special exception
CUP Designates use permitted with conditional use permit
Note: Gross floor area is abbreviated as g.f.a. Also, any numbers in parenthesis represents a footnote
and all footnotes are found at the end of this schedule of uses.
AG R- R- R- OT D MF MH C-0 C-1 C-2 I PARKING
1 2 3
Residential Use:
Single-family dwelling X X X X X X X X (1) (1) 2/Dwelling unit
Two-family dwelling X X 2/Dwelling unit
Three-family dwelling X 2/Dwelling unit
Four-family dwelling X 2/Dwelling unit
Apartment or multi- X 2.5/Dwelling unit
family building
Manufactured home X 2/Dwelling unit
Industrialized housing X X X X X X X X 2/Dwelling unit
Manufactured home X 2/Dwelling unit
park
Townhouse X 2/Dwelling unit
Condominium X 2/Dwelling unit
Recreational vehicle X 1/Dwelling unit
park
Boarding (rooming) X 1/Dwelling unit
house I I I —t
Child day care home X X X X X X X X t2/Dwelling unit
Page 1
Group home S S S S S S X S 2/Dwelling unit
Group day care home S S S S S S S S Specified by
Special Exception
Halfway house S S S S S S X S 1/2 Occupants
Guest house/servant S S S S S S S S 1/Dwelling unit
quarters
Accessory building X X X X X X X X None
Basketball court X X X X X X X X
(private)
Tennis court(private) X X X X X X X X None
Swimming pool X X X X X X X X None
(private)
Home occupation (2) Ix Ix Ix Ix Ix Ix Ix Ix I None
Agriculture/Ranch Uses:
Farm or ranch X S S S S 2/Dwelling unit
Farmer's market S X X 2/Stall
Grainery or gin S X 1/2,000 Site area
Micro-winery, with X 1/300 G.F.A. of area open to
vineyard public, plus 1/2,000 sq.ft. of site
area not open to public; 1/2,000
sq. ft. of site area if not open to
public
Orchard X X X X X X X X X X X 1/Employee
Produce stand S X X X 1/200 G.F.A.
Rodeo ground, arena S S Specified by
(public) Special Exception
Stable, private X S S S S S S S S S S None
Stable, public X S 1/2 Stalls
Vineyard X 1/300 G.F.A. of area open to
public, plus 1/2,000 sq.ft. of site
area not open to public; 1/2,000
sq. ft. of site area if not open to
public
Winery, with vineyard X 1/300 G.F.A. or see subsection
Page 2
17-416(e), whichever is greater
Utility/Solid Waste Uses:
Cable TV lines X X X X X X X X X X X X None
Electric substations S S S S S S S S S S S X None
Gas regulations/gate S S S S S S S S S S S X None
station
Gathering station S S S S S S S S S S S I None
Microwave tower S S S S S S S S S S S X None
Radio &television S S S S S S S S S S S X None
tower
Railroad freight X 1/Employee
terminal
Railroad yard X 1/Employee
Recycling collection S S S 1/Employee
facility
Refuse transfer S S 1/Employee
station
Sewer lift station X X X X X X X X X X X X None
Telephone exchange S S S S S S X X X X X X None
Utility poles and lines X X X X X X X X X X X X None
Utility mains and lines X X X X X X X X X X X X None
Wastewater S S S S S S S S S S S X 2 Minimum
treatment plant
Water pump station X X X X X X X X X X X X None
Water storage tank X X X X X X X X X X X X None
Water treatment S S S S S S S S S S S X 2 Minimum
plant
Water well S S S S S S S S S S S S None
Government& Institutional Uses:
Athletic field or S S S S S S S S S X X 1/4 Seats
stadium
Page 3
Auditorium or X X X 1/4 Seats
amphitheater
Basketball courts S S S S S S S S S X X
(public)
Baseball/softball S S S S S S S S S X X
(public)
Cemetery or S S S S S S S S S S S S None
mausoleum
Church or rectory X X X X X X X X X X X X 1/4 Seats
College or university I S S S I S S I S I S X X X X 1/3 Students
Community center S S S S S S X X X X X X 1/200 G.F.A.
Convalescent center X X 1/3 Beds
Fire station X X X X X X X X X X X X 2/Bay
Government office X X X X 1/300 G.F.A.
Hospital S S S S S S S S S X X 1/Bed
Library X X X X X X X X X X X X 1/300 G.F.A.
Museum or art S S S S S S S S X X X X 1/200 G.F.A.
gallery
Park or playground X X X X X X X X X X X X 1/2000 Site area
Police station S S S S S S S S X X X X 2 Visitor spaces
Post office X X X X X X X X X X X X 1/400 G.F.A.
Prison or penitentiary S 1/6 Cells
Sanitarium S 1/6 Beds
School (nursery or S S S S S S S S X X X X 1/10 Children
kindergarten)
School (trade or S S X X 1/3 Students
business)
School (elementary X X X X X X X X X X X X 1/10 Students
or middle)
School (high school) X X X X X X X X X X X X 1/3 Students
Soccer fields (public) S S S S S S S S S I X X
Swimming pool S S S S S S S S S X X 10 Minimum
(public)
Tennis court(public) S S S S S S S S S Ix X 2/Court
Page 4
Commercial Uses:
Amusement park X X 1/500 Site area
(outside)
Animal shelter S X X 1/500 G.F.A.
Antique shop I I X X X X 1/200 G.F.A.
Apparel or clothing CUP X X 1/200 G.F.A.
store
Appliance repair shop X X X 1/400 G.F.A.
Appliance store X X X X 1/400 G.F.A.
(retail)
Arcade X X X 1/200 G.F.A.
Art supply store X X X X 1/300 G.F.A.
Athletic or fitness X X X 1/200 G.F.A.
club
Auction X X X 1/200 G.F.A.
Audio store (retail) X X X X 1/200 G.F.A.
Auto inspection S X X 2/Service Bay
station
Auto paint& body X X 1/200 G.F.A.
shop
Auto parts store S X X X 1/300 G.F.A.
Auto rental S S X X 1.25/Rental car
Auto repair garage X X 3/Service bay
Auto sales lot X X 1/1000 Site area
Bakery(retail) X X X S 1/200 G.F.A.
Bank or financial X X 1/300 G.F.A.
institution
Bed & breakfast S S S S S S X S X X 1/Guest room
accommodations
Barber or beauty S S S S S S S X X X 3/Chair
shop
Bicycle sales and X X X 1/300 G.F.A.
repair
Page 5
Boat sales X X 1/400 G.F.A.
Boat storage X X 1/1000 Site area
Book store CUP X X 1/200 G.F.A.
Bowling alley X X X 6/1-ane
Brewery X X See subsection 17-416(e)
Building X X 1/500 G.F.A.
materials/lumber
yard
Bus terminal X X X 1/300 G.F.A.
Business office X X X 1/300 G.F.A.
Cabinet shop S X X 1/400 G.F.A.
Camera store (retail) X X X 1/200 G.F.A.
Car wash S X X 1/Wash Bay
Carnival or circus S S S Specified by
Special Exception
Carpet store (retail) X X X 1/400 G.F.A.
Cemetery monument X X 1/400 G.F.A.
sales
Child care center or X X X 1/6 Children
facility
Christmas tree sales S S S X X 1/1000 Site area
Computer store X X X 1/200 G.F.A.
(retail/service)
Contractor yard X X 1/2000 Site area
(outside storage)
Convenience stores X 1/400 G.F.A.
Dental clinic or office X X 1/200 G.F.A.
Department store X X X 1/200 G.F.A.
Electrical sales& S X X X 1/400 G.F.A.
service
Electronics store X X X 1/200 G.F.A.
(retail)
Employment agency X X 1/200 G.F.A.
Farm implement sales X X 1/400 G.F.A.
Page 6
Feed store X X 1/400 G.F.A.
Feed store with S S 1/400 G.F.A.
animal sales
Firewood sales S X X 1/1000 Site area
Florist shop I I X X X 1 1/300 G.F.A.
Flea market (inside) S S 1/200 G.F.A.
Flea market (outside) S S 1/1000 Site area
Fraternity/sorority X X 1/200 G.F.A.
lodge
Furrier S X X 1/400 G.F.A.
Furniture store X X X 1/400 G.F.A.
(retail)
Game hall S X X 1/100 G.F.A.
Gift or novelty shop I I I I I CUP X X 1 1/200 G.F.A.
Golf course X S S S S S S S X X 2/Green
Golf course, X X 1.5/Hole
miniature
Golf driving range X X X 1/Driving tee
Grocery store X X X 1/200 G.F.A.
Gun shooting range S S X 1/500 G.F.A.
(indoor)
Gunsmith shop X X X X 1/300 G.F.A.
Hardware store X X X 1/400 G.F.A.
Heating/AC sales& X X X 1/400 G.F.A.
service
Heavy equipment X X 1/1000 Site area
sales
Hobby shop X X X 1/200 G.F.A.
Hotel or motel S S X X 1/Guest room
Impounded vehicle S
storage facility
Insurance sales office X X 1/400 G.F.A.
Jewelry store X X X 1/200 G.F.A.
Page 7
Kennel S S X X 1/400 G.F.A.
Laboratory, medical S X X 1/400 G.F.A.
or dental
Large retail facility4 CUP CUP CUP CUP 1/200 G.F.A.
Laundry or dry X X X X 1/400 G.F.A.
cleaners
Lawnmower sales& S X X 1/400 G.F.A.
service
Leather goods shop X X X X 1/400 G.F.A.
(retail)
Lithographic shop X X X 1/300 G.F.A.
Locksmith shop X X X 1/300 G.F.A.
Meat, poultry&fish S X X X 1/300 G.F.A.
market
Medical clinic or X X 1/300 G.F.A.
office
Micro-brewery X X X 1/300 G.F.A.
Micro-winery, X X X 1/300 G.F.A.
without vineyard
Mini-warehouse X X 1/500 G.F.A.
Manufactured home X X 1/1000 Site area
sales lot
Massage S S 1/200 G.F.A.
establishment
Mortuary or funeral S X X 1/Sanctuary Seats
home
Motorcycle sales I X X 1/200 G.F.A.
Movie theater(drive- X X 1/Employee
in)
Movie theater CUP X X X 1/3 Seats
(indoor)
Musical instrument X X X 1/200 G.F.A.
store
Newspaper office X X 1/200 G.F.A.
Newsstand CUP X X 1/200 G.F.A.
Page 8
Nightclub or dance S X X 1/100 G.F.A.
hall
Office supply store X X X 1/200 G.F.A.
Optical clinic or office X X 1/200 G.F.A.
Optical dispensary X X X 1/200 G.F.A.
store
Paint sales store X X X 1/200 G.F.A.
(retail)
Paintball sports, S X X 1/500 Site area
survival games
Parking lot S S S X
(commercial,for fee)
Pawnshop S X 1/200 G.F.A.
Pet grooming shop S X X 1/200 G.F.A.
Pet shop X X X 1/200 G.F.A.
Pharmacy or drug X X X 1/200 G.F.A.
store
Photography studio CUP X X 1/200 G.F.A.
Picture framing shop X X X 1/200 G.F.A.
Plant nursery S X X 1/400 G.F.A.
Plumbing sales and X X X 1/400 G.F.A.
service
Pool or billiard hall S X X 1/100 G.F.A.
Print shop S X X X 1/400 G.F.A.
Private club (serving S X X 1/100 G.F.A.
alcohol)
Professional offices X X X 1/300 G.F.A.
Racquetball court X X X 2/Court
Real estate or leasing (3) (3) (3) (3) (3) (3) (3) (3) X X X 1/300 G.F.A.
office
Recording studio X X 1/300 G.F.A.
Recreational vehicle X X
sales
Recreational vehicle I I IX IX 11/400 G.F.A.
Page 9
storage
Rental store X X X 1/400 G.F.A.
Restaurant or cafe X X X X 1/3 Seats
(inside)
Restaurant (drive-in) I I X X X X 1/100 G.F.A.
Restaurant (kiosk) X X X X 1/100 G.F.A.
Retail sales, alcohol X X 1/200 G.F.A.
Secondhand store X X X X 1/200 G.F.A.
Service station X 4 Minimum
Sexually oriented X X 1/100 G.F.A.
business
Shoe or boot store X X X 1/200 G.F.A.
Sign shop X X X 1/400 G.F.A.
Skating rink X X X 1/400 G.F.A.
Snow cone stand S X X 2 Minimum
Sporting goods store X X X 1/200 G.F.A.
Tack store X X X 1/400 G.F.A.
Tailor or seamstress X X 1/300 G.F.A.
shop
Tanning salon S X X X 1/200 G.F.A.
Tattoo shop S X 1/200 G.F.A.
Taxidermist S X 1/400 G.F.A.
Tire sales, repair, & S X X 1/400 G.F.A.
installation
Title& abstract office X X 1/200 G.F.A.
Tool & equipment X X 1/400 G.F.A.
rental
Trailer sales& rental X X 1/1000 Site area
Travel agency X X 1 1/300 G.F.A.
Truck rental X X 1/400 G.F.A.
Truck repair X X 1/400 G.F.A.
Truck sales X X 1/1000 Site area
Truck wash X IX 12/Wash bay
Page 10
Upholstery shop X X X 1/400 G.F.A.
Vehicle storage S Specified by
facility Special Exception
Vehicular racing S S Specified by
facility Special Exception
Veterinary clinic X X X 1/300 G.F.A.
Veterinary hospital S S 1/300 G.F.A.
Video store CUP X X X 1/200 G.F.A.
Washateria (self- X X X X X 1/Wash machine
service)
Winery, without X X See subsection 17-416(e)
vineyard
Industrial Uses:
Airport S S Specified by
Special Exception
Ammonia S See subsection 17-416(e)
manufacturing
Amusement complex X 1 per 4 occupant load
Apparel X See subsection 17-416(e)
manufacturing
Appliance X See subsection 17-416(e)
manufacturing
Artificial limb X See subsection 17-416(e)
manufacturing
Asphalt batching S See subsection 17-416(e)
plant
Bakery, commercial X See subsection 17-416(e)
Bleach manufacturing S See subsection 17-416(e)
Bookbinding& S X See subsection 17-416(e)
publishing
Bottling plant S X See subsection 17-416(e)
Box manufacturing X See subsection 17-416(e)
Brick or tile X See subsection 17-416(e)
Page 11
manufacturing
Canning operation X See subsection 17-416(e)
Carpet manufacturing X See subsection 17-416(e)
Chemical storage or S See subsection 17-416(e)
manufacturing
Chlorine S See subsection 17-416(e)
manufacturing
Cold storage plant X See subsection 17-416(e)
Composite S See subsection 17-416(e)
manufacturing
Composting S S See subsection 17-416(e)
(commercial)
Concrete batching S X See subsection 17-416(e)
plant
Concrete product X See subsection 17-416(e)
casting plant
Contractor yard X X See subsection 17-416(e)
(outside storage)
Creamery X See subsection 17-416(e)
Creosote S See subsection 17-416(e)
manufacturing
Distribution center S X X See subsection 17-416(e)
(small)
Distribution center S X See subsection 17-416(e)
(large)
Distillation plant S See subsection 17-416(e)
Dyeing plant X See subsection 17-416(e)
Electrical X See subsection 17-416(e)
components
manufacturing
Electroplating X See subsection 17-416(e)
Envelope X See subsection 17-416(e)
manufacturing
Explosives S See subsection 17-416(e)
manufacturing
Page 12
Fertilizer S S See subsection 17-416(e)
manufacturing
Fiberglass X See subsection 17-416(e)
manufacturing
Fireworks S See subsection 17-416(e)
manufacturing
Food processing X See subsection 17-416(e)
Foundry S See subsection 17-416(e)
Freight terminal, X See subsection 17-416(e)
motor
freight terminal, X See subsection 17-416(e)
railroad
Furniture S X See subsection 17-416(e)
manufacturing
Garment X See subsection 17-416(e)
manufacturing
Glass manufacturing X See subsection 17-416(e)
Glue manufacturing S See subsection 17-416(e)
Grainery or gin X See subsection 17-416(e)
Gypsum S See subsection 17-416(e)
manufacturing
Heliport or helistop S S See subsection 17-416(e)
Ice cream plant X See subsection 17-416(e)
Ice plant X See subsection 17-416(e)
Incinerator S See subsection 17-416(e)
Insecticide processing S See subsection 17-416(e)
Junk yard S See subsection 17-416(e)
Laundry plant X See subsection 17-416(e)
Light fabrication plant S X See subsection 17-416(e)
Machine shop S X See subsection 17-416(e)
Marble X See subsection 17-416(e)
manufacturing
Mattress X See subsection 17-416(e)
manufacturing
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Meat, poultry&fish S X See subsection 17-416(e)
processing
Metal fabrication X See subsection 17-416(e)
Metal plating X See subsection 17-416(e)
Metal stamping and X See subsection 17-416(e)
extrusion
Mining, extraction S See subsection 17-416(e)
operation
Monument works X See subsection 17-416(e)
Packaging operation S X See subsection 17-416(e)
Paint manufacturing X See subsection 17-416(e)
Pallet manufacturing X See subsection 17-416(e)
Paper mill X See subsection 17-416(e)
Paper products X See subsection 17-416(e)
manufacturing
Pesticide processing S See subsection 17-416(e)
Petroleum products S See subsection 17-416(e)
(wholesale)
Petroleum refinery or S See subsection 17-416(e)
storage
Pharmaceutical X See subsection 17-416(e)
manufacturing
Planing mill X See subsection 17-416(e)
Plastic product S See subsection 17-416(e)
manufacturing
Pottery X See subsection 17-416(e)
manufacturing
Radio transmitting S S S See subsection 17-416(e)
station
Recycling processing S See subsection 17-416(e)
plant
Rendering plant S I See subsection 17-416(e)
Rock crushing plant S See subsection 17-416(e)
Salvage yard S See subsection 17-416(e)
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Smelter plant S See subsection 17-416(e)
Tanning plant S See subsection 17-416(e)
Television S S S See subsection 17-416(e)
transmitting station
Temporary S S S S S S S S S S X See subsection 17-416(e)
construction office
Textile manufacturing X See subsection 17-416(e)
Tire manufacturing S See subsection 17-416(e)
Tire recapping plant S See subsection 17-416(e)
Vehicle conversion X X See subsection 17-416(e)
facility
Warehouse S X See subsection 17-416(e)
Welding shop S X See subsection 17-416(e)
Notes to schedule of uses:
(1) Allowed with mini-warehouse use only.
(2) Home occupations are permitted when in accordance with section 17-423 hereof. Home occupations not
specifically permitted in section 17-423 may be permitted only with a specific use permit.
(3) Allowed for a period of one (1) year or until the development is sold out, whichever is longer.
(4) A facility offering retail sales and/or services, whether occupied by one (1) or multiple tenants, that is
comprised of more than fifty thousand (50,000) square feet of floor area, which includes gross floor area,
outdoor storage areas, and any outside area that provides associated services to the public, including,
without limitation, outdoor merchandise display. The floor area does not include outdoor motor vehicle
parking or loading areas. In addition to other parking regulations that apply, parking for a large retail facility is
permitted only as an accessory use, and is allowed only when immediately adjacent to a large retail facility
that is located within the corporate limits of the city.
(Ord. No. 40, 9-9-93; Ord. No. 108, § 3, 10-10-96; Ord. No. 134, § 1, 6-12-97; Ord. No. 133, § 3, 7-20-97;
Ord. No. 169, § 5, 1-18-99; Ord. No. 187, § 3, 3-9-00; Ord. No. 197, §§ 1-3, 9-14-00; Ord. No. 212, § 1, 4-
12-01; Ord. No. 286, § 1, 1-13-05; Ord. No. 367, § 2, 6-14-07; Ord. No. 373, § 1, 8-9-07; Ord. No. 395, § 5,
5-20-08; Ord. No. 467, § 4(Exh. A), 11-11-10; Ord. No. 470, § 2(Exh. A), 1-13-11)
Page 15
ORDINANCE NO 560
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "C-2" GENERAL COMMERCIAL DISTRICT TO "I"
INDUSTRIAL 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
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential, or other purposes, for
the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and
WHEREAS, the City of Kennedale desires to implement the comprehensive land use,
which calls for the area described below to transition to a land use character classified as Light
Industrial; and
WHEREAS, the City of Kennedale believes the proposed rezoning would help achieve the
vision set forth in the comprehensive land use plan; and
WHEREAS, 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
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 6t" day of October 2014 and by the City Council of the City of
Kennedale on the 17th day of November 2014 with respect to the zoning changes described
herein; 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.
1
NOW THEREFORE BE IT ORDAINED 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 restricted
as shown and described below:
An approximately 23.8 acre tract in the Wade H Hudson and Peter Rouche
surveys, more particularly described Wade H Hudson Survey A 716 Tracts 2C,
2C01, 2CO2, 2CO3, 2C04, 2C04A, 2C05, 2C06, 2C07, 2C08, 2C09, 2C10,
2C10A, 2C11, 2C12, 2C13, 2C18, 2C19, 2C20, 2C21, 2C22, 2C23, 2C24,
2C25, 2C25A, 2C2513, 2C14, 2C15, 2C16, & Peter Rouche Survey A1338 Tracts
1, 113, 1C, 2, 213, & 2C, Tarrant County, Texas ("the Property"), as more
particularly described on Exhibit "A" attached hereto and incorporated herein,
from "C-2" General Commercial District to "I" Industrial District.
SECTION 2.
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 community. 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 3.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 4.
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 5.
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
2
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 6.
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 7.
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 8.
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 9.
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 10.
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 17th DAY OF NOVEMBER 2014.
3
APPROVED:
Mayor Brian Johnson
ATTEST:
City Secretary, Kelly Cooper
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
4
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: REGULAR ITEMS- D.
I. Subject:
Consider action authorizing the City Manager to execute an agreement with the U.S. Army Corps of
Engineers for a Section 205 Flood Control Study on a portion of Village Creek
II. Originated by:
Bob Hart
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
KENNEDALE
You're Here,Your Home
www.citygfkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 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.
1. Attorney consultation on development agreement
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:
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 17, 2014
Agenda Item No: EXECUTIVE SESSION - B.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code
to deliberate the purchase, exchange, lease, or value of real property for the following:
1. Discuss Land Acquisition at 501 Dick Price Road.
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: