2015_09.21 CC Packet ic
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
September 21, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:30 PM
REGULAR SESSION at 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. Review Governance Training and Agenda Format
B. Discuss establishing a Water Rate Committee
C. Discuss Simple Recycling
D. Discuss establishing a Charter Review Committee
E. Discussion of items on regular agenda
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.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
IX. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or departments,
information regarding holiday schedules, upcoming or attended events, etc.
A. Updates from City Council
B. Updates from the Mayor
C. Updates from the City Manager
X. MONITORING INFORMATION
A. Executive Limitations
B. Ends
- Balanced Scorecard
XI. INCIDENTAL ITEMS (CONSENT)
All matters listed under incidental items (consent) 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 agreement between the City of Kennedale and Alluvium Development for
The Vineyard Phase 2.
B. Approve Schedule of Investment Activity for quarter ending June 30, 2015
C. Discuss and approve a contract with Simple Recycling and authorize the City Manager to sign the
agreement
D. Discuss and consider approval of Ordinance 578 amending the FY 2014-15 budget
XII. REQUIRED APPROVAL ITEMS
A. DISCUSS AND CONSIDER AN ORDINANCE 574 OF THE CITY OF KENNEDALE, TEXAS
ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND
ENDING SEPTEMBER 30, 2016; AMENDING BUDGET FIGURES FOR THE PRIOR FISCAL YEAR
BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; APPROPRIATING
RESOURCES FOR EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE,
ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES
AND EXPENDITURES AS ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR THE
FILING OF THE BUDGET AS REQUIRED BY STATE LAW; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE
B. DISCUSS AND CONSIDER ORDINANCE 577 FIXING AND LEVYING MUNICIPAL AD
VALOREM TAXES FOR THE CITY OF KENNEDALE, TEXAS, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; DIRECTING THE
ASSESSMENT AND COLLECTION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE CLAUSE
C. Discuss and consider approval for ratification of property tax increase in FY2015-2016 Adopted
Budget
XIII. DECISION ITEMS
A. Consider establishing a Charter Review Committee and making appointments
B. Discuss and consider action related to nominations to the 2015-2016 Tarrant Appraisal District
Board of Directors.
C. Consider approval of minutes from August 17, 2015 regular meeting
D. Consider approval of minutes from September 9, 2015 Special Meeting
E. Consider approval of minutes from September 17, 2015 Special Meeting
XIV. EXECUTIVE SESSION
A. 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. 213 Valley Lane
2. 1201 Bowman Springs Road
XV. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XVI.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 September 21, 2015, 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.
Leslie Galloway, City ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: WORK SESSION -A.
I. Subject:
Review Governance Training and Agenda Format
II. Originated by:
III. Summary:
Mayor Brian Johnson and Councilman Overstreet attended the Policy Governance Workshop. They will
discuss the session and review changes to the agenda format to conform with policy governance
principles. A second training session is scheduled for March 11 - 12, 2016. The city has reserved four
slots for that training.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: WORK SESSION - B.
I. Subject:
Discuss establishing a Water Rate Committee
II. Originated by:
III. Summary:
The budget will require an increase in utility rates. This item is on the agenda to discuss the review
process, i.e., use of a consultant only or using a resident/customer committee to review and recommend
rates changes.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: WORK SESSION - C.
I. Subject:
Discuss Simple Recycling
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
Keep Kennedale Beautiful Commission met with Sonny Wilkins, Simple Recycling to discuss additional
recycling options available to city residents for recycling textiles and appliances which are currently not
allowed under the contract with Progressive Waste. The attached brochure gives a brief overview of
the recycling program being offered. This program is made available free of charge to residents and the
city.
The company, Simple Recycling is based in Ohio and has also been in operation in Michigan and the
Houston Texas area for the last three years. The City of Plano, Richardson, Duncanville, and Haltom City
are all considering this as an additional recycling option. Simply Recycling will provide home owners with
specifically marked bags that can be filled and left curbside one day each month. The home owner will
call for pick up and a truck will pick up the items left at the curb, leaving another bag for a future use. The
pick-up day will always coincide with the Wednesday trash day once per month. Simple Recycling covers
all the costs of the program, including providing marketing materials to residents which details the
program. Simple Recycling does request that the city sign a four year agreement. This agreement
assists them in recovering their start-up required with each new program city. With implementation of this
service only about 5% of the products collected end up in the landfill. A portion of the items collected are
sold in resale stores (Value Village in Houston), a portion are shipped for use internationally, and some
are recycled into new products/materials.
Mr. Wilkins and members of KKB are present to answer any questions you may have about the
program. The contract is attached and has been provided and reviewed by the City Attorney. Should this
program be approved, KKB will work with Simple Recycling to roll it out to residents January 2016 at the
latest.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VII.Alternative Actions:
VIII.Attachments:
1. Sim le Recycling Brochure JSimpIeRecycIe_5pg.pdf
P. Sim le Recycling Agreement ISIMPLE RECYCLING AGREEMENT . df
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Who is Simple Environmental
Recycling? Impact Facts
We have over 50 years of Clothing, Appliances,
experience in clothing & Durables, & Furniture
household discard collection account for 15%of
local waste stream
Our sister company manages
clothing & household discard l
donation programs in partnership 1
with non-profit organizations'
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85% CFTQCn LS EPA ES1fl MATEB
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Source:
1.http://www.weardonaterecycle.org
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The U.S generates and average of That's about FJ �j �F� J ��
25 BILLION POUNDS 82 POUNDS
of textiles*per year.' per U.S.resident.
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dow.els,betln tlra etc.
Of That 82 pounds...
This Model has been Tested & Proven
150/ Excerpt from USA Today,April 23,2013 -
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gets d�nated R 1;01
or recycled
3.8 billion lbs recorvered goes to ourlandfills.2 "Clothes recycling is going curbside in more
through donation/recycling; (70 lbs.per person)
(12 lbs.per person.) I U.S. towns as global prices rise for the used
apparel,shoes and linens that Americans
often toss in the trash.
I
Post-Consumer
Textile Waste Since September, more than a dozen local
5.2%
governments — in Arizona, Massachusetts,
That 85%adds New Jersey, Pennsylvania and Washington
up to about
21 BILLJON POUNDS State— have begun curbside pickup of
-
of post-consumer textiles,often in special bags next to bins
textile waste
(PCTW)PER YEAR containing paper and cans.2
Cther
More than 5.2%of
all municipal solid
waste generated
USEPP,Muicipal Solid Waste Generation in the U.S.'
AND THIS AMOUNT IS GROWING
Between 1999 and 2009 the volume ofk.fl�r���r
PCTW generated grew by 40%while
the diversion rate onlyrl
increased by 2 9/o4 C ,m
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Source:
2.http://w .usatoday.com/story/news/nation/2013/04/20/
recyling-clothes-expands-curbside/2092351/
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Details & Logistics
Simple Recycling provides: Your city provides:
• Free residential curbside pickup service • Supplemental notification & information to
• Specially designed recycling collection bags residents
• All informational materials
• All trucking, pickup expenses & program
management
• Local jobs
• All related insurance coverage
• Drop boxes in locations of city's choosing
(if desired)
www.SimpleRecycling.com • • •
. . :.. . . . . . simple
i recycling
WHAT HAPPENS TO YOUR RECYCLED USED CLOTHING?
Once a resident determines •
that their clothing,shoes,
handbags,or household 45% �e�' t
textiles have reached the end Reused and Repurposed
�m m�
of their useful life,materials are I- Majority exported as _
collected by Simple Recycling -. secondhand clothing.
and collected clothing is sorted
and graded for condition.
30%
Recycled and Converted
10-20% Reclaimed wiping rags
are used in various ways Id,aum
Top quality materials are as industrial and
sold to local thrift stores residential absorbents. 1W
where they create access
to low cost clothing and
jobs for local residents.
20%
Recycled into Fiber
80% Post-consumer fiber is
used to make home
The vast majority of clothing insulation,carpet padding,
collected is not resaleable in ® and raw material for the
the U.S.so it is further sorted automotive industry.
for international export or
broken down for raw Only 5%ends up as waste.
materials.
Thrift industry employs nearly 100,000 workers in the U.S.with
over$1 billion wages paid. In addition,private sector recyclers
create an additional 15,000 to 20,000 jobs nationally.'
WE MAKE IT SIMPLE
TO DRAMATICALLY REDUCE TEXTILE WASTE. SMART by Dryal�a Ha ley Pho Ugly.of Missouri 2009
www.SimpleRecycling.com • • •
AGREEMENT FOR COLLECTION OF SOFT RECYLABLES
This Agreement for the Collection of Soft Recyclables ("Agreement") is made and
entered into this day of , 2015, by and between the MUNICIPALITY, Texas
(herein referred to as "SHORT NAME") a municipal solid waste authority with a business
location at , MUNICIPAL ADDRESS, Tx, and Great Lakes Recycling, Inc.
dba Simple Recycling, an Ohio corporation (which with its successors and assigns is herein
referred to as "Contractor") with a business address at 5425 Naiman Parkway; Solon, OH 44139.
WITNESSETH:
WHEREAS, Contractor is skilled and experienced in the collection and efficient
recycling and disposition of Soft Recyclables; and
WHEREAS, CITY desires to limit and restrict the quantity of Soft Recyclables which are
deposited in the landfill; and
WHEREAS, CITY has selected Contractor to collect, identify, haul, recycle and/or
dispose of Soft Recyclables in the Service Area; and
WHEREAS, Contractor can provide such services and is in the business of and has the
expertise, experience, resources and capability to perform the collecting, identifying, packaging,
hauling,recycling and/or disposing of Soft Recyclables; and
Now, THEREFORE, in consideration of the premises and material promises set forth below and
other consideration the receipt and sufficiency of which is hereby acknowledged by the parties,
Contractor and CITY (herein collectively called the"Parties")hereby agree as follows:
1. Term. The term of this Agreement shall begin upon approval by CITY and continue
for an initial four (4) year term. At the end of the initial four (4) year term Contractor and CITY
have the right to renew for an additional four(4) year term upon mutual agreement. Unless either
Party provides written notice to the other Party at least sixty (60) days prior to the end of the
initial term or any renewal thereof, the term shall automatically renew for an unlimited number
of one-year terms. During the term, Contractor shall have the sole and exclusive rights to pick
up Soft Recyclables in the Service Area through municipal contracted pick up.
2. Termination and Breach. Either party may terminate this Agreement without cause
upon forty-five (45) days written notice. Should CI'j elect to terminate this Agreement without
cause under the aforementioned provisions or if CONTRACTOR terminates this agreement for-
cause, it shall not enter into any other Soft Recyclables program in the Service Area for a period
of three (3) years unless undertaken with the Contractor, unless said restriction is waived in
advance, in writing by the Contractor. However, should CITY elect to terminate this Agreement
for-cause due to an uncured breach of the Contractor , CITY shall not be precluded from
entering into any other agreements for the collection, identification, packaging, hauling,
recycling and/or disposing of Soft Recyclables.
In the event of a breach of the terms and conditions of this Agreement by either Party
hereunder, the non-breaching Party may elect to terminate this Agreement upon providing the
defaulting Party with a written notice of such default, and allowing the breaching Party a period
of thirty (30) days from and after the date of such notice to cure the breach complained of to the
satisfaction of the non-breaching Party. In the event said breach is not cured within said thirty
(30) day period, this Agreement shall be terminated (for-cause) as of the last day of said period.
In the event CITY is the non-defaulting party, Contractor agrees to furnish services under this
Agreement until such time as another Soft Recyclables collection and disposal contractor can be
selected by CITY.
3. Collection Schedule. Contractor shall divide the Service Area into collection areas to
coincide with CITY collection dates. Collections shall be made from Service Recipients on a
regular schedule on the same day every week in accordance with the existing recycling pickup
schedule; however, Contractor reserves the right to alter the frequency of the scheduled pickups
on an as needed basis.
Contractor shall not be required to perform any service under this Agreement on Holidays.
Following all Holidays, each Service Recipient shall receive collection service on the day
following its normally scheduled collection with the weeks work to be finished by Saturday. For
a Monday Holiday, Monday through Friday collection shall be rescheduled for Tuesday through
Saturday. For a Thursday Holiday, Thursday and Friday collection shall be rescheduled for
Friday and Saturday. For a Friday Holiday, Friday collection shall be rescheduled for Saturday.
`
*Please provide city holiday schedule)
4. Collection. Contractor shall collect all acceptable set-outs of Soft Recyclables set-out
for recycling and collection by Residential Customers. The decision of what is an "acceptable"
Soft Recyclable shall be made in the reasonable discretion of Contractor. No service is provided
to Commercial Customers and in no event shall Contractor be required to accept any Excluded
Items (excluded items include, but are not limited to the following items: garbage, hazardous
waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste). Contractor
must collect all Soft Recyclables set out in the Recycling Container. Contractor shall not be
responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not
in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent
materials from being blown from the vehicle. If at any time during collection and transport, Soft
Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and
place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop
on the collection route or shall promptly make all other reasonably necessary arrangements for
the immediate clean up of spilled Soft Recyclables. Contractor agrees to remove and dispose of
all Soft Recyclables at no cost to CITY. Contractor may interrupt the regular schedule and
quality of service because of street repairs, snow or other closures of public routes, which in
Contractor's reasonably discretion make the pick-up of the Soft Recyclables from a Service
Recipient impracticable under the circumstances.
5. Contamination and Improper Set Out. If Contractor encounters any improperly
packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those
2
materials in the Container or remove them from the Container and leave them Curbside.
Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable
items, and leave contaminants at Curbside.
6. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place
Containers at Curbside for collection. Overflow material shall be placed adjacent to the
Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set
out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner
and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that
will not interfere with or endanger the movement of vehicles or pedestrians. When construction
work is being performed in the right-of-way, Containers shall be placed as close as practicable to
an access point for the collection vehicle. Contractor may decline to collect any Soft
Recyclables not set out in accordance with this paragraph.
7. Ownership. Soft Recyclables set out for collection on the regularly scheduled
collection day shall belong to Contractor from the time of its set out. Soft Recyclables physically
collected by Contractor shall be deemed acceptable Soft Recyclables for the purposes of its
obligations under this Agreement.
8. Inventory of Containers. During the term of this Agreement, Contractor shall
purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for
distribution to Service Recipients. Prior to commencement of this Agreement, Contractor shall
provide new Containers to each Service Recipient. Containers shall initially be delivered to
Service Recipients with an informational brochure on the recycling collection program (of Soft
Recyclables)produced and printed by the contractor and approved by CITY.
9. Missed Collections and Complaints. Service Recipients shall be instructed to report
missed collections and complaints to Contractor. Contractor shall give prompt and courteous
attention to all reported missed collections and complaints.
10. Contractor's Cost and Equipment. Contractor agrees to furnish all labor,
equipment, tools, and services required and necessary for the collection and disposal of Soft
Recyclables within the Service Area and provide qualified supervisory personnel to direct the
activities of Contractor under this Agreement. All equipment used by Contractor shall be kept
and maintained in a clean and professional manner.
11. Contractor's Fee. Contractor shall pay to CITY a contract fee of One Cent ($0.01)
per pound of gross receipts of Soft Recyclables in the Service Area. Payments shall be made to
CITY not less than thirty (30) days following the close of each calendar month during the term
of this Agreement. Weight shall be collected and documented upon completion of each
collection day.
12. Publication Information and Education Program. CITY shall plan and coordinate
a public education and information program to inform Service Recipients of this recycling
program the contents of which and the dates shall be approved in advance by Contractor.
Contractor may distribute its own promotional materials subject to CITY approval. Contractor
shall participate in CITY directed promotion and education efforts as outlined below:
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1. During the course of the routine recycling pick up, provide and distribute notices
regarding rejected materials and proper set out procedures.
2. Training of employees to deal courteously with customers on the telephone and on-route
to promote the collection service and explain proper material preparation.
3. Coordinate with CITY for distribution of written promotional and instructional materials
directly to Service Recipients.
4. Be available a minimum of two times per year to participate in promoting the collection
service at an area fair, neighborhood association program, school, or community event.
5. Provide advice to CITY on promotion and education material content and presentation.
13. Telephone and Customer Service. Contractor shall maintain and adequately staff a
local toll-free telephone number where complaints of Service Recipients shall be received,
recorded and handled to the best of Contractor's abilities, between the hours of 9:00 AM and
4:30 PM Monday through Friday excluding Holidays. Typically, all "call backs" shall be
attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not
contacted on the first attempt, Contractor shall make subsequent attempts on the next working
day after the original call. Contractor shall make a minimum of three (3) attempts within
twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be
recorded on the log kept by Contractor.
14. Marketing and Disposition of Recyclable Material. Contractor shall be solely
responsible for the marketing and sale of collected Soft Recyclables, and shall be solely
responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell
the Soft Recyclables in a timely manner.
15. Insurance. During the term of this Agreement Contractor agrees to keep in force,
with an insurance company licensed to transact business in the state of Texas, an "occurrence
basis" insurance policy or policies indemnifying, defending and saving harmless CITY from all
damages (except for damages caused by CITY's own negligence, willful misconduct or failure)
which may be occasioned to any person, firm, or corporation, whether damages are by reason of
any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no
less than:
a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single limit per
occurrence for bodily injury,personal injury, and property damage.
b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single limit per
accident for bodily injury and property damage.
c. Worker's Compensation/Industrial Insurance: Limits as required by the State of Texas.
The general liability provisions in automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
(i) CITY, its officers, officials, employees, and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of Contractor;
products and completed operations of Contractor; premises owned, occupied, or used
by Contractor; or automobiles owned, leased,hired, or borrowed by Contractor.
4
(ii) Contractor's insurance coverage shall be primary insurance as CITY, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by
CITY, its officers, officials, employees, or volunteers shall be in excess of
Contractor's insurance and shall not contribute with it.
(iii)Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to CITY, its officers, officials, employees, or volunteers.
(iv) Contractor's insurance shall apply separate to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
(v) Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, nor reduced in coverage or
in limits except after thirty(30) days'prior written notice has been given to CITY.
16. Indemnification and Hold Harmless. Except for CITY'S own negligence, willful
misconduct or failures, Contractor shall save, keep, and hold harmless CITY, its officers, agents,
employees, and volunteers from all damages, costs, or expenses in law or equity that may at any
time arise or be set up because of damages to property or personal injury received by reason of or
in the course of performing work which may be occasioned by any willful or negligent act or
omissions of Contractor, any of Contractor's employees, or any subcontractor. In the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of Contractor and CITY, its members, officers,
employees, and agents, Contractor's liability hereunder shall be only to the extent of Contractor's
negligence. The provisions of this paragraph shall survive the expiration or termination of this
Agreement.
17. Compliance with Law. Contractor agrees to comply with all published ordinances,
laws, rules, and regulations, together with amendments thereto, of the State of Texas, the United
States of America, or CITY pertaining to the services to be performed hereunder.
18. Taxes. Contractor agrees to save CITY harmless from any and all taxes or
assessments of any kind or nature levied by any political subdivision upon Contractor by reason
of services rendered for Soft Recyclables and disposal for CITY.
19. Employee Conduct. All Contractor personnel must maintain a courteous and
respectful attitude toward the public at all times. At no time must they solicit, request or receive
gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane
language at all times during the performance of duties. Any employee of Contractor who
engages in misconduct or is incompetent or negligent in the proper performance of duties or is
disorderly, dishonest, intoxicated, or discourteous must be removed from service under this
contract by Contractor.
20. Monthly Reports. Contractor shall provide monthly project status reports. These
reports will be due within fifteen (15) days of the close of the month being reported. At a
minimum, the reports shall include detailed data to allow analysis of collection and processing
efficiencies including pounds of Soft Recyclables collected in the prior month and the payment
of the required fee to CITY.
5
21. Inspections. Upon reasonable advanced request, CITY reserves the right to inspect
the facilities, equipment and operations of Contractor to assure itself of the appearance and
compliance with contractual provisions of this Agreement. Upon reasonable advance request,
CITY reserves the right to review the records kept on the Soft Recyclables collected under the
terms of this Agreement to test and validate the weights claimed. = ITY agrees to notify
Contractor, in writing, at least forty-eight (48) hours prior to such inspections and shall indicated
the reasonable basis for requesting the inspection.
22. Meetings and Communications. In order to minimize problems and to provide
thereafter a forum for discussing and resolving any issues that may arise, the parties agree to
meet on a regular basis and to adopt communications procedures as follows:
Meetings After Collection Begins. After the Collections begin, meetings shall be held at
least on a quarterly basis, unless otherwise mutually agreed to, between representatives of
the parties. Such meetings shall be held for the purpose of reviewing and discussing day-
to-day operations,promotion,public information and public relations.
Designation of Representatives. Each party shall send at least one representative to each
meeting. CITY shall send to each meeting at least one staff member with operation
expertise. Each party shall designate one, and only one, representative as its Lead
Representative. If a party sends only one representative to any meeting, that person shall
be conclusively presumed to be its lead representative.
23. Compliance with Laws and Regulations. Contractor agrees that, in performance of
work and services under this contract, Contractor will qualify under and comply with any and all
known federal, State and local laws and regulations now in effect, or hereafter enacted during the
term of this contract, which are applicable to Contractor, its employees, agents or subcontractors,
if any, with respect to the work and services described herein.
24. Severability. Should one or more of the provisions of this Agreement be held by any
to court to invalid, void or unenforceable, the remaining provisions shall nevertheless remain and
continue in full force and effect, provided that the continuation of such remaining provisions
does not materially change the original intent of this Agreement.
25. Independent Contractor Status. In the performance of services pursuant to this
Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or
employee of CITY. Contractor shall have exclusive control over the details of the service and
work performed and over all persons performing such service and work. Contractor shall be
solely responsible for the acts and omissions of its officers, agents, employees, Contractors and
subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors
shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other
benefits which accrue to CITY employees and Contractor expressly waives and claim it may
have or acquire to such benefits.
26. No Assignment. This Agreement, or any interest herein, shall not be transferred,
sold, nor assigned by either Party to any person, firm, or corporation, without the prior written
consent of the other Party.
6
27. Definitions.
Commercial Customer: The term "Commercial Customer" means non-residential customers,
including businesses, public or private schools, institutions, governmental agencies and all other
users of commercial-type Garbage collection services.
Container: The term "Container" means Contractor supplied bag, box or bin for the Residential
Customer to place Soft Recyclables.
Contractor: The word "Contractor" means Great Lakes Recycling, Inc. dba Simple Recycling
which has contracted with CITY to collect and dispose of Soft Recyclables.
Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property, within
five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-
street parking. If circumstances preclude such a Curbside shall be considered a placement
suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by CITY
and Contractor.
Date of Commencement: The term "Date of Commencement" means the date that Contractor
agrees to commence the provision of collection and other services as described throughout this
Agreement.
Date of Execution: The term "Date of Execution" means the date that this Agreement is
approved by CITY and executed by a designated and authorized representative.
Excluded Items: The term"Excluded Items"means Garbage, Hazardous Waste, large furniture,
large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car
seats, cribs,mattresses,paint,tires, cleaners, etc. and any item heavier than fifty(50)pounds.
Garbage: The term "Garbage" means all putrescrible and non-putrescrible solid and semi-solid
wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves,
swill, demolition and construction wastes, dead animals piles of debris, car parts, construction or
demolition debris, any item that would be considered Hazardous Waste, or stumps.
Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous
waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined
or identified as such in any existing or future local, state or federal law, statute, code, ordinance,
rule, regulation, guideline, decree or order relating to human health or the environment or
environmental conditions, including but not limited to any substance that is defined as hazardous
by 4 0 C .F R. Part 2 61 and regulated as hazardous waste by the United States Environmental
Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA")
of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments
("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other
federal statute or regulation governing the treatment, storage, handling or disposal of waste
imposing special handling or disposal requirements similar to those required by Subtitle C of
RCRA or any Texas statute or regulation governing the treatment, storage, handling or disposal
of wastes and imposing special handling requirements similar to those required by federal law.
Holiday: The term "Holiday" means the following days: New Year's Day, Martin Luther King's
Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's
Day, Thanksgiving Day and Christmas Day. ("We will follow the city recycling holiday
schedule)
Private Road: The term "Private Road" means a privately owned and maintained way that
allows for access by a service truck and that serves multiple Residences.
Public Street: The term "Public Street" means a public right-of-way used for public travel,
including public alleys.
7
Residence: The term"Residence"means a living space individually rented, leased or owned.
Residential Customer: The term "Residential Customer means individuals residing in a
Residence.
Service Area: The term "Service Area" means the corporate limits of the municipalities
participating in CITY as of the Date of Commencement, and thereafter, shall be the collection
area as may it be amended thereafter by CITY.
Service Recipients: The term "Service Recipients"means Residential Customers in the Service
Area.
Soft Recyclable: The term "Soft Recyclable" means items of an individual weight less than
fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men's,
women's and children's clothing as well as items such as jewelry, shoes, purses, hats, toys,
pictures, mirrors,blankets, drapes and curtains,pillows, rags, sewing scraps, sleeping bags, small
furniture, small appliances, irons, radios and audio equipment, TVs and video equipment,
cameras, lamps, hairdryers, tools, toasters, microwaves, coffee makers, computers and household
or consumer electronics, silverware, dishes, pots and pans, glasses and the like. The definition of
Soft Recyclable is subject to modification in the discretion of Contractor based upon experience
gained during the term of this Agreement.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the date first written above.
CITY Texas
By:
Its:
Great Lakes Recycling, Inc. dba Simple
Recycling
By:
Adam Winfield
As its President
8
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: WORK SESSION - D.
I. Subject:
Discuss establishing a Charter Review Committee
II. Originated by:
III. Summary:
The city charter was adopted in 1999. Cities typically review charters for possible updates every five
years or so. This has been placed on the agenda for discussion about appointing a committee to do so.
The areas of the charter that should be addresses/considered include:
a. Role of the mayor to serve as chief governing officer
b. Qualifications of the city manager to be consistent with the requisite organization principles
c. Appointment of the city secretary
d. City council terms from two years to three years
e. Other areas consistent with policy governance
f. Technical areas based on law changes
Suggested individuals to serve on the Charter review committee:
• Frank Fernandez
• Charles Overstreet
• Earnest Harvey
• Robert Mundy
• John Clark
A copy of the charter is attached.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Kennedale Home Rule Charter ICity of Kennedale Charter 1997. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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HOME YOU'RE HERE * YOUR HOME RJLE
CHARI
1997
TABLE OF CONTENTS
ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES
Section 101 Inoorporetion
Section 102 Form of Government
Section 103 Boundaries
Section 104 Change of Boundaries
ARTICLE II RIGHTS AND POWERS OF THE CITY
Section 201 General
Section 2.02 Construction and Swerability
Section 2.03 Intergovernmental Relations
Section 2.04 Transfer of Rghts, Fbwers, and Obligations
ARTICLE III THE CITY COUNCIL
Section 3.01 City Cavunment
Section 3.02 Epense Rdmbursement
Section 3.03 Mayor and Mayor Fro Tee
Section 3.04 General Duties and Rivas
Section 3.05 Prohibitions
Section 3.06 Vacandesaid Forfeiture of Office
Section 3.07 Investigations
Section 3.08 Meeting Froosdure
Section 3.09 Ordinances;
Section 3.1D Frocedurefor Enactment of Ordinances
Section 31 ALthentication, Reoording, Codification, and Rinting
ATICLE IV MUNICIPAL ELECTIONS
Section 4.01 City CoundI Races and Tams
Section 4.02 Annual Bections
Section 4.03 Fditical Activities
Section 4.04 Qualifications for Candidacy and Hol ding Office
Section 4.05 Canvassing of Bections and Dederetion of Results
ARTICLE V MUNICIPAL ADMINISTRATION
Section 5.01 Qty Manager
Section 5.02 Temporary Absenoe or Disability of the Qty Maim
Section 5.03 Removal of the Qty Maim
Section 5.04 Duties and Rivas of the Qty Manage
Section 5.05 City Departments
Section 5.06 City Secretary
Section 5.07 Rmnovd of the City Seaetary
Section 5.08 City Attorney
Section 5.09 Eeciel Counsel
ARTICLE VI FINANCE
Section 6.01 Fiscal Year
Section 6.02 Budget
Section 6.03 Monthly Fnandal Reports
Section 6.04 Annual Audit
Section 6.05 Indebtedness
ARTICLE VII REVENUE AND TAXATION
Section 7.01 Municipal Takes
2
lion 7.02 Rove to Tax
Ssction 7.03 Appraisal and Pssessrnent of Fbel Ropety
Ssction 7.04 Tax Fite
Ssct i on 7.05 Election to Feel Tax Increase
Ssct i on 7.06 Tax Exempt i ons and Abat ement s
Ssction 7.07 Tax Payments
SBdion 7.08 Tax Liens and Li abi Iity
ARTICLE VIII BOARDS AND COMMISSIONS
Soct i on 8.01 Boards and Commission—General
Sqction 8.02 Ranning and Zoning Commissi on
Sqction 8.03 Board of Adjustment
Sqction 8.04 Parks and P-icreetion Board
ARTICLE IX MUNICIPAL COURT
Elaction 9.01 Establishment of the Munidpal Court
SBdion 9.02 Fines, Fes, and Costs
Ssction 9.03 Jidge of t he M uni d pal Court
Ssction 9.04 Clerk of the Munidpal Court
Ssction 9.05 City Prosecutor
ARTICLE X FRANCHISES AND PUBLIC UTILITIES
Section 1101 Franchise Rive of the Qty
Sqction 1102 Ronne to Grant Franchises
Section 1103 Exd usi vene%of Pranchi ses
Section 1104 Transfer of Franchises
Section 1105 Bdensions of Fublic Utilities
Section 1106 Fight of Franchise
Section 1107 Fboords and Accounts
Section 1108 SJeof Munidpal Services
Section 1109 Ownership and Control of Streets, Etc.
Section 111) Pagulation of Rtes
Section 1).11 Discrimination
Section 1112 Franchise Pecords
Section 1113 Pranchises Granted Before F�-Aification of this Charter
ARTICLE XI INITIATIVE, REFERENDUM, AND RECALL
Section 1101 Initiative
Section 1102 Fbferendum
Section 1103 Fdecail
Section 1104 Fbsults of Fill Election
Section 1105 Limitation of Fill
Section 1106 Form of Petitions
Section 1107 Filing, Examination, and Certification of Petitions
Section 1108 Amendment of Petitions
Section 1109 Consideration by the City CoundI
Section 11'D Submission to Votes
Section 1111 Fbsults of Election
ARTICLE XII GENERAL PROVISIONS
Section '2.01 Rabl is Meetings
SBdion 12.02 Fublic Fboord
SBdion 12.03 Effective Date of this Charter
SBdion 12.04 Effect of Charter on EAsting L-w
Sad ion 1.05 Continuation of Resent OFFioes
Section 1.06 Amendments to this Charter
Section 1.07 Conflict of Interest
Section 1.08 Nepotism
Section 1.09 Guarantee of Raid
Sect i on 1.11D Not ice of i nj ury or Dannage
Section 1.11 Official Medium
Section 1.1 Gender of VVxdi ng
Section 1.13 Qualified Vote
Sect i on 1.6 OFfi d al Oat h of OPFi oe
Section 1.13 City Exempt for Appeal Bonds
Section 1.17 Fund Not Sibject to Garnishment
Section 1.B Certification and Submission to Votes
ARTICLE L FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01 Incorporation
The citizens of the Qty of Kennedale,Tarrant County,Texas,do hereby declare that the Qty of Kennedaie is incorporated as
a political subdivision of the State of Texas under the name of"City of Kennedald', hereinafter referred to as the`City,and
with the duties, rights, powers,authority, privileges,obligations,and immunities provided in this Charter.
Section 1.02 Form of Govermnent
The City Government shall be a"Council-Manage Government". Fursuant to the provisions of and subject only to the
limitations imposed by this Charter and by the state constitution and statutes,the City Council, led by the Mayor,shall be
vested with all the powers of the City.The City Council shall enact legislation,adopt budgets,determine policies and appoint
the Qty Manage.The City Manage shall execute the la✓us and administer the government of the City.The Mayor is
responsible for vigilantly reviewing governmental activities,providing leadership and meking recommendat ions to the Council
and City Manage that ensure that the city government is meeting the needs of the citizens of the City of Kennedele
Section 1.03 Boundaries
The boundaries of the City shall be as they east when this Charter is adopted and shall remain in effect until changed.
Section 1.04 Change of Boundaries
The City Council may, by ordinance,annex territory to the City.The City Council may, by ordinance,disannex territory
within the City,and/or exchange territory with other cities and towns.These actions are subject only to state law. In
accordance with state law,the people who ride in annexed territory shall be entitled to all the rights and privi leges of
citizens of the City,and shall be bound by the acts,ordinances, resolutions,and regulations of the Qty.
ARTICLE IL RIGHTS AND POWERS OF THE CITY
Section 2.01 General
The City shall have the rights and powers granted to municipalities and cities under the general laws,and the rights and
powers of self-government that now east or may hereafter be granted to Home Rule Cities by the Constitution and the
general and special laws of the:fate of Tees,together with ail the rights and powers so granted as fully and cor npletely as
though they were enumer ated in this Charter.3ach rights and powers,whether e�pressed or implied,shall be exercised and
enforced in the manner prescribed by applicable gate Law or by this Charter,and when not prescribed herein,in such a
manner as shall be provided by ordinance or resolution of the City Council.
Section 2.02 Construction and Severability
The rights and powers of the Qty under this Charter shall be construed in favor of the Qty in the event of conflict between
the City and other governmental agencies or bodies,corporations,or individuals,and the specific mention of particular rights
or powers in the Charter shall not be construed as limiting in any way the general rights and powers stated in the Article In
addition,should any phrase,clause,sentence,or provision of this Charter be declared invalid by a court of competent
jurisdiction,the validity and applicability of the remainder of this Charter shall not be affected.
Section 2.03 Intergovernmental Relations
The City may exercise any of its rights or powers or perform any or its functions,and may pa-ticipate in the financing
thereof,either jointly or in cooperation,by contract or otherwise,with any one or more of the States or any political
subdivision or agencies thereof,or with the United gates of any agency thereof.
Section 2.04 Transfer of Rights,Powers, and Obligations
(a) The City shall succeed to ail rights,claims,actions,orders,contracts,and legal or administrative proceedings
pending or in process at the effective date of this Charter,except as modified pursuant to the provisions herein;
and each matte shall be maintained,carried on,or dealt with by the City authority as appropriate under this
Charter.
(b) All City ordinances, resolutions,orders,and regulations in force on the date this Charter becomes fully effective are
resealed to the ekent that they are inconsistent or interfere with the operation of this Charter of or ordinances or
resolutions adopted pursuant hereto.To the ekent that the Constitution and laws of the gate of Texas permit,all
laws governing this Qty of its agencies,offices,or employees at the time this Charter becomes fully effective are
superseded and void to the ekent that they are inconsistent or interfere with the operation of this Charter or of
ordinance or resolutions adopted pursuant hereto.
ARTICLE III: THE CITY COUNCIL
Section 3.01 City Goverrnnent
The governing body of the City shall be known as the"City Council of the Qty of Kennedald', hereinafter referred to as the
"City Council".The City Council shall be composed of a Mayor and five(5) other Council members,
Section 3.02 Expense Reimbursement
Each member of the Qty Council shell receive reimbursement for each scheduled City Council meeting duly attended. In
addition to the above,the City shall,upon receiving receipts and other appropriate documentation for authorized
eqxnditures, reimburse the members of the City Council for necessary e�penses incurred by them in the performance of
their official duties.
Section 3.03 Mayor and Mayor Pro Tem
The Mayor shall preside at City Council meetings,aid shall be recognized as head of the City government.The Mayor shall
have the right to vote only in the event of a tie.The Mayor shall have veto power.The City Counci l shall elect one of its
members Mayor Pro Tem.The Mayor Pro Tem shell act as Mayor in the absence of the Mayor and shall have the same duties
and paver as the Mayor exert veto power.The Mayor Ro Tem shall retein the right to vote as a Council member.
The Mayor may exercise veto power over a Council action within five(5) workings days of that action.The Mayor shall give
written notice of a veto to the City 5bcretay. Upon proper notice,Council action to consider overriding a veto shall be an
agenda item at the nek scheduled Council meeting.The decision of the Council to override a veto is not subject to veto by
the Mayor and becomes effective immediately.
Section 3.04 General Duties and Powers
By this Charter,all pavers of the City shall be voted in the City Council.The City Council shall exercise these pavers to
ensure the performance of all duties and obligations imposed on the Qty by law and by this Charter. Wficelly,the Qty
Council is provided with, but not limited to,the following powers:
(a) To enact municipal legislation.
(b) To appoint or elect aid to remove,after a hearing,all persons appointed or elected by the City Council.
(c) To establish the cor pensation for all Qty officers.
(d) To create,change,or abolish all offices,departments,and agencies of the City government other than those offices
and agencies created by this Charter;and to assign additional duties and powers consistent with this Charter to
officers,departments,and agencies created by this Charter.
(e) To establish operating policy.
(f) To establish the boundaries of the Qty.
Section 3.05 Prohibitions
(a) Holding Other Office. Except where authorized by hoot, no member of the City Council shall hold any other Qty
office or employment with the City,ecduding boards,committees and commissions,during the term for which the
Council member was elected to the City Council. No former member of the City Council shall hold any
corrpensated appointed City Office or employment with the Qty for a period of two years after the expiration of
the term of office.
(b) Appointments and Fbmovais. Neither the City Council nor any of its members shall, in any manner,dictate the
appointment or removal of any City administrative officer or employee whom the Qty Manager or any of his
subordinates are empowered to appoint.The City Council may, however,egress its views fully and freely,
discussing with the Qty Manage anything pertaining to the appointment and removal of such officers and
employees.
(c) Interference in Administrative Matters. Except for the purpose of inquiry or investigation,the City Council shell
deal with administrative departments and the personnel of these departments solely through the Qty Manage.
Neither the City Council nor any of its member s shall give an order,either publicly or privately,to any subordinate
of the Qty Manager.
Section 3.06 Vacancies and Forfeiture of Office
(a) Vacancies.The office of a Council member or Mayor shell become vacant upon the death, resignation,forfeiture of
office,or removal from office in any manner authorized by law or by this Charter.
1 If a vacancy occurs in the office of the Mayor it shall be filled by the Mayor Fro Tan.Any other vacancy
on the City Council, including a position if vacated by the Mayor Pro Tem,shall be filled by appointment
by a majority vote of all of the remaining City Council members; however;
2. If more that thirteen (13) months remain on the term of a vacant Council position,the ranaining term of
office shall be filled at the regular election held in May; however.
3. If more than sixteen ('6) months remain on the terms of two or more Council positions,the remaining
tams of office shall be filled through a special election.
4. Any vacancy in a Council position with an unexpired tam of less than three(3) months shell not be filled
before the next regular election, unless occupancy of that office is necessary to constitute a quorum.
(b) Forfeiture of Office.A council member shall forfeit office if the member:
I Lades at any time during the term of office eny qualification or the office prescribed by laAt or by this
Charter.
2. Violates any egress prohibition of this Charter.
3. Fails to attend three(3) consecutive scheduled meetings without valid excuse,or fails to maintain an
Eighty(80) percent attendance record,exduding excused ebsenoes,for each Elected year (including all
scheduled budget and special meetings),whereupon the Council must declare a vacancy at its nek
regular meeting and shall fill the vacancy as set forth in this Charter.
(c) V\hen any member of the Council no longer posses ail of the qualifications required for office,or is convicted of
a felony or any offense involving moral turpitude while in office,the office shall immediately and automatically be
forfeited and become vacant.
(d) The Council shell be thejudge of the qualifications of its members and for these purposes shell have the power to
subpoena witnesses and require the production of records, but the decision of the Council in any case shell be
subject to revieN by the courts.
Section 3.07 Investigations
The City Council may investigate the affairs of the City and the official conduct of any Qty department,office,or agency. For
this purpose,the City Council may subpoena witnesses,administer oaths,take testimony,and compel the production of ell
pertinent evidence.Any person who fails or refuses to obey a laArful order issued by the City Council shell be guilty of a
misdemeanor,as provided by ordinance.
Section 3.08 Meeting Procedure
(a) Meeting.The City Council shell meet in regularly scheduled City Council meetings at least once each month at such
times as the members may prescribe by rule.-Special meetings may be called on the request of the Mayor of three
(3) City Council members.All City Council meetings shell be hEld at City Hall or at such place in the Qty that will
permit the attendance of the general public.All City Council meetings and ell sessions of the City Council and
committees of the City CoundI shell be open to the public;hovveve,the City Council may recess for the purpose
of discussing in a dosed or executive session those mattes permitted by gate La✓u, including, but not limited to:
1 Feinding or contemplated litigation,settlement offers,and any other legal advice.
2. The acquisition or disposal of reel property.
3. FErsonnel mattes.
4. The evaluation of candidates for offices appointed by the City Council.
(b) A motion celling for a dosed or executive session must be made in a public meeting and must state the general
subject to be discussed. N final action or vote with regard to any matte considered in a dosed meeting shell be
made except in a public meeting.
(c) Riles and Minutes.The City CoundI shall determine its own rules and order of busi ness,and shal l provide for
keeping minutes or ell its proceeding.The minutes shell be a public record.
(d) Voting.The record of rotes shell be recorded in the minutes of the City Council.Three(3) member s of the Qty
CoundI shall be a public record.
(e) Voting.The record of rotes shall be recorded in the minutes of the City Cound1.Three(3) member of the Qty
Council shell constitute a quorum.
Section 3.09 Ordinances
(a) An ordinance must be adopted by majority vote of the City Council to accomplish any of the following acts:
1 Adopt or amid an administrative code or establish,elte,or abolish any Qty department,office,or
icy.
2. Provide for a fine or other penelty,or establish a rule or regulation for violation of which a fine or other
penalty is imposed.
3. Levy tam.
4. Grant,renew,or extend a franchise.
5. Flegulate the rate charged for its services by a public utility.
6. Authorize the borroNing of money.
7. Convey,leap,or authorize the comeyanoe or lease of any lands of the city.
8. Adopt without annendment ordinances proposed under the initiative power.
9. Amend or repeal any ordinance previously adopted,except as otherwise provided in this Charter with
respect to repeal of ordinances reconsidered under the referendum power.
'D. 5t# fees, rates,and charges.
11 Acts other than those referred to in (1j through('D) above may be accomplished by ordinance, resolution,
or rote of the Council unless by lavv of specific provision of this Charter requires that they be enacted by
ordinance.
Section 3.10 Procedure for Enactment of Ordinances
(a) Each proposed ordinance shall be introduced in written or printed form,aid the enacting clause of all ordinances
shall be"BE IT ORDAI N®BY THE CI TY COUNCI L OF THE CITY OF KENN®ALE', but such enacting clause may
be omitted when the ordinances of the City are codified and published in book or pamphlet form by the Qty of
Kennedale.All ordinance, resolutions,or orders may be passed at any regular meetings or at any special meetings
called for that purpose Rior notification of all meetings shall be made to the public and the press in accordance
with the requirements of gate Laiv.
(b) Froposed ordinances shall be published in the official medium as provided by gate Lair.All such ordinances may
be admitted and received in all courts,subject to the rules of evidence and laws of jurisdictions where proof of such
ordinances is tendered,without further proof.All meeting and ordinances shall be governed in strict accordance
with gate Lair.
Section 3.11 Authentication,Recording, Codification, and Printing
(a) Authentication and F3scording.The City Sbcretay shall record in full,211 ordinances and resolutions adopted by the
City Council.This record shell be authenticated by the signature of the City Secretary.
(b) Codification.The City Council shall provide for the preparation of a general codification of 211 City ordinances and
resolutions having the force and effect of laAt.The general codification shall be adopted by the City Council by
ordinance,and shall be published promptly in bound or loose-leaf form with this Charter and any Ia Ats of the State
of TeDes and such codes or technical regulations and other rules and regulations as the City Council may specify.
This compilation shall be known and cited officially as the"City Code of Kennedaie,Te.,4EC.Copies of the code shall
be furnished to the city officers, placed in public places for free public reference,and made available for purchase
by the public at a price determined by the City Council to be sufficient to cover costs.
ARTICLE IV: MUNICIPAL ELECTIONS
Section 4.01 City Council Places and Teens
(a) The City Council shall be divided into the Mayor and places 12,3,4 and 5. Ea:h position shall be filled by a
qualified citizen from the City at large by a majority vote cast by qualified voters.
(b) Each place shall be for a two year term.The Mayor and Council member for places 2 and 4 shall be elected in even
numbered years.Council members for places 13,and 5 shall be elected in odd numbered years.
Section 4.02 Annual Elections
(a) All general and special elections shall be held in accordance with the IaAvs of the of the State of TexB regulating the
holding of municipal elections and in accordance with this Charter and ordinances or resolutions adopted by the
Council for the conduct of elections.The Council shall appoint the election judges and other election officials in the
City elections and for all other expenses in holding said elections.The election judges shall make provisions for the
recount ballots in case of doubt or fraud.They shall also be authorized to prevent unlauvful practices such as
Electioneering or loitering neEr voting places.
(b) Sbrnple ballots identical to the voting format for the election shall be posted in the voting place for the beet of
the voters.
Section 4.03 Political Activities
(a) No employee of the City may campaign for or against any issue while serving in his/her official capacity;nor
influencethe nomination,election,or defeat of any candidate for Mayor or Council member;or campaign for or
against the recall of the Mayor or Council member. His provision shall not prohibit the ordinary exercise of the
right to epress opinions and to vote.
(b) No candidate for municipal office may solicit the support,the endorsement,or the financial contributions of any
City employee
Section 4.04 Qualifications for Candidacy and Holding Office
(a) Each member of the City Council, including the Mayor,shall meet the following qualifications; (1j Be a registered
vote' of the Qty; (2) Have resided in the Qty for one(1j year before the date of election; (3) Continue residency in
the Qty during the term of offices (4) Not hold more than one public elective office (5) Not hold an 2ppointed
office of the City exduding boards,committees,and commissions; (6) Be A least 21 years of age; (7) Not have been
determined mentally incompetent by a final judgment of a court;and(8) Not have been finally convicted of a
felony from which the person has not been pardoned or otherwise released from the resulting dis2bilities.
(b) No candidate may file for more than one office or position number per election.
Section 4.05 Canvassing of Elections and Declaration of Results
Returns of every municipal election shall be delivered forthwith by the election judges to the City Sacretay with a copy of
the returns being sent to the Mayor.The Council shall canvass the returns, investigate the qualifications of the candidates
and decia'ethe official results of the election prior to the first regular Council meeting following delivery of the voted to the
City gacretary all in accordance with the Teas Bection Code.The results of effy municipal election shall be recorded in the
rninutes of the Council.The qualified person receiving a moority of the votes cat for any office shall thereupon be declared
elected by the said Council.The decision of the council,a;to qualification of candidates,shall be condus oe and final for ail
purposes. If a run-off dection is necessary, it shall be scheduled in accordance with State Lair.
ARITCLE V: MUNICIPAL ADMINISTRATION
Section 5.01 City Manager
The City Council shall appoint a Qty Manage by an affirmative vote of not less than four (4) maTbers of the Council.The
City Council shall by majority vote determine and fix the Qty Manager's compensation.The Qty Manager shall be chosen
soiely upon the basis of executive and administrative training,e<per ience,and abilities,without regard to political
considerations. Neither the Mayor nor any Council Member may be appointed Qty Manager or acting Qty Manager while
holding office or for a period of two(2)years after his/her tams has ended.
Section 5.02 Temporary Absence or Disability of the City Manager
By filing a letter with the City Secretary,the Qty Manager may designate a qualified City administrable office to be Acting
Qty Manager during any absence of the Qty Manager.Sack designee shall be approved by the City Council. If the Qty
Manager fails to make such a designation,the Council shall appoint an acting Qty Manager to serve during such times.The
Acting Qty Manager may be removed by a rroority vote of the City Council.
Section 5.03 Removal of the City Manager
The City Council,acting in its sound discretion, may suspend or remove the Qty Manager at any time by an affirmative vote
of not less than four (4) me fibers of the Council.The City Council shall give the Qty Manager written notice for removal
and/or suspension and give the Qty Manager an opportunity to respond. Upon written request of the Qty Manager,the Qty
Council shall schedule a public hearing and provide the Qty Manager an opportunity to present a defense against any
accusations made.The City Council shall not arbitrarily or capriciously suspend or remove the Qty Manager, but its decision
in such matters shal l be final.
Section 5.04 Duties and Powers of the City Manager
The Qty Manage shall be responsible to the City Council for the proper administration of ail the affairs of the Qty.
Pa ponsi bi l ities of the Qty Manager shall i ndude the following
(a) Eft as otherwise provided in this Chaste,appoint,suspend,layoff,denote,or remove any directors or heads of
administrative departments,or any other administrative officers, or employees of the Qty.
(b) Sipervise and control directly or indirectly ail administrative departments,agencies,officers,and employees.
(c) Attend all City Council meetings with the right to take part in discussions but have no vote.-Scheduled absences
shall be with prior approval of the Mayor.
(d) Prepare and submit the proposed annual budget,and be responsible for its administration after it is adopted.
(e) Sibmit to the City Council a report at the end of the fiscal year on the finances and administrative activities of the
dty for the preceding yea.
(f) Keep the City Council advised of the financial condition and the future needs of the City,and make such
remmmendations to the City Council on matters of policy and other matters es may seem desirable.
(g) Combine,abolish,or create administrative departments subject to the approval of the City Council.
(h) Have such other powers and perform such other duties as prescribed by this Chaste and the City Council, in
accordance with gate Law.
Section 5.05 City Departments
There shall be such departments as are established by this Chaste or as may be established by ordinanoa.All departments
shall be under the control and direction of the Qty Manager unless otherwise provided in this Charter.
The head or director of each department may serve as a chief of a division within that respective department.The Qty
Manager may appoint one person to serve es the head of two or more departments.V\ith the consent of the City Council,
the Qty Manager may serve as the head of one or more such departments,
Section 5.06 City Secretary
The City Council shall appoint the City Secretary by an affirmative vote of not less than four (4) member s of the Council.
The City Council shall by a"ority vote determine and fix the City Sacreta y's compensation.The City Secretary shall be
the derical officer of the City Council,and shall keep the minutes,agenda,ordinances,attendance record,and other official
records of the City Council and the Qty.The City Secretary shall be the custodian of the official seal of the City,and shall
ha/e such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities
stated in this Charter,the Qty Manager will designate administrative duties to be performed by the City Secretary.
Section 5.07 Removal of City Secretary
The City Council,acting in its sound discretion, may suspend or remove the City Secretary at any time by an affirmative vote
of not less than four (4) merrnbers of the Council.The City Council shall give the City Secretary written notice for removal
and/or suspension and shall give the City Secretary an opportunity to respond. Upon written request of the City Secretary,
the City Council shall schedule a public hearing and provide the City Secretary an opportunity to present a defense against
any accusations made.The City Council shall not arbitrarily or capriciously suspend aid/or remove the City Sbcretary, but its
decision in such matters shall be final.
Section 5.08 City Attorney
The City Council shall appoint a City Attorney who shall serve at the discretion of the Council and whose cor pensation shall
be fixiad by the City Council.The City Attorney shell be licensed to practice law in the State of Teas.The City Attorney shall
be the legal advisor of the City Council and office;and departments of the City.The City Attorney shall represent the Qty in
all legal proceedings,aid shall perform any other duties prescribed by this Cha'ter,ordinance or the City Council.The Qty
Attorney designated may be an individual,partnership or professional corporation composed of individuals licensed to
practice law in the gate of Teas.
Section 5.09 Special Counsel
The City Council shall have the authority to retain special counsel for specific purposes.
ARTICLE VI: FINANCE
Section 6.01 Fiscal Year
The fiscal year shall begin on the first day of October aid end on the last day following Sept ember.
Section 6.02 Budget
(a) Submission of the Budget.On or before the first day of August each yea',the Qty Manager shall submit to the
City Council a balanced budget for the ensuing fiscal year designed to meet the goals and objectives of the Qty
Council and provide a Budget message.
(b) Budget Message.The budget message shell eplain the budget both in fiscal tams and in tams of work programs
for the ensuing fiscal year. It shall outline the proposed financial policies of the City and shall include such other
miaterial as the Qty Manager deems necessay.
(c) Budget Contents.The budget shell contain the following:
I Comparative figures for the estimated income and eqxnditures for the ensuing fiscal year compared to
the combination of:actual income aid expenditures through,the latest complete amounting period that
information is available for at the commencement of budget preparation,aid the estimated income aid
epeiditures for the incomplete portion of the current fiscal year.
2. The proposed egeiditures of each office,department,or function.
3. A schedule showing the debt service requirement due on all outstanding indebtedness aid on any
proposed debt.
4. The source or basis of the estimates.
5. The total of the proposed apenditurs which shell not exceed the total esti mated income and the balance
of avai lable funds.
6. The budget message which shell include a forecast of a five-year estimate of revenues aid ependiturs
and ai explanation of its effect on taxetion.The source or basis of the estimates shall be a part of the
forecast.
7. Such other information as may be required by the Council or deemed desirable by the Qty Manager.
(d) Public Hearing on the Budget.The Council shall hold one or more public hearings on the proposed budget prior to
thefinal adoption.
(e) Adoption of the Budget.The City Counci l shal l adopt the proposed budget,with or without amendment,after
public hearings aid before the first day of the ensuing fiscal year.Should the Council take no final action before
the first day of the ensuing year,the amounts appropriated for the current fiscal year shall be deemed adopted on a
month to month basis. Fnai adoption shell constitute appropriation of the eqxnditures proposed from funds so
indicated.
(f) Adjustments after Adoption. During the fiscal year,the City Council shell have the power to make budget
adjustments Ependiturs that could not, by reasonable thought and attention, have been included in the original
budget,may be authorized by the City Council.All such authorizations by the City Council shall be filed as
annandments to the original budget, including the reasons for such amendments.
(g) Defects in the Budget. Defects in the form or preparation of the budget or the failure to perform any procedural
requirements shell not invalidate any tac levy, now shell it invalidate the tax roil.
Section 6.03 Monthly Financial Reports
The Qty Manager shall present a monthly financial report and such additional information as may be required by the Qty
Council.Al income and egenses for the preceding month aid for the year to date shell be shown,and shall be compared to
the fiscal budget.The City shell provide copies of the monthly financial reports to the public at cost,upon request.
Section 6.04 Annual Audit
The Qty Council, by a majority vote of the entire Council,shall select and contract with a municipally oriented certified
public accounting firm for the purpose of rendering an independent audit of all accounts and other financial records of the
City government.The personnel of the firm conducting the audit shall not hold any public office in the Qty nor have any
personal interest,direct or indirect, in the fiscal affairs of the City government or any of its offices.After completion of any
audit of the Qty,the auditor shall prepare a report,and shall submit the report to the City Council,within one hundred
twenty(10) days after the end of the fiscal year.The City shall provide copies to the public at cost, upon request.
Section 6.05 Indebtedness
The City shall have the right to issue and refund general obligation bonds, revenue bonds,and other evidence of
indebtedness as is now permitted or as may be hereafter authorized to be issued by a Home Rule Qty in the State of Tee.
All bonds of the Qty that have been issued,sold,and delivered to the purchase shall be incontestable
(a) General Obligation Bonds,The City shall have the power to borroN money through general obligation bonds,which
shall constitute direct and general obligations of the Qty, payable from ad valorem taoces levied against all taxable
property located therein,within the limits prescribed by lannr of this Charter.
(b) Fbvenue Bonds,The City shall hae the power to borrow money for constructing,purchasing, improving,ekending,
or repairing public utilities, recreation facilities,or any other self-liquidating municipal function not prohibited by
state lauv.Such borrowing shall be implemented through revenue bonds that are payable, both as to the principal
and interest,solely from and secured by a first lien on and pledged from the income,or both,after deduction of
reasonable operating and maintenanoe egenses as required by lannr.The holders of the revenue bonds shall never
have the right to den-end payment thereof from monies raised or to be raised by taxation.
(c) Snort Term Borrowing.The City may borrow fund on the credit of the Qty for a term not to ecceed one year.
Such obligations must be retired by the end of the budget yeEr in which they were issued.
(d) Certificates of Obligation.The City shall have the power to issue Certificate of Obligation in accordance with the
la Ats of the State of Tee. If, prior to the date tentatively set for the authorization of the issuance of the
certificates,a petition signed by five percent (5%) of the qualified votes of the Qty is filed with the City Secretary
protesting the issuance of such certificates,the City shall not be authorized to issue certificates for such purpose
unless the issuance thereof is approved at an election called, held,and conducted in the manner provided for bond
el ections by the laws of the Sate of Taxes.
ARTICLE VII: REVENUE AND TAXATION
Section 7.01 Municipal Taxes
All taxes due to the City shell be payable at the office of the Tax Collector,who shell be designated by the Council,and may
be pad at any time after the tax rolls for the year have been completed and approved,which shell be no later than October
f.Taxes shell be pad on or before knuay 3f,of each year following the year for which the to es are lased,and ell such
taxes not pad on or prior to such date shell be deerned delinquent and shell be subject to such penalty and interest as
prescribed by gate lave.The Council may provide further by ordinance ell taxes,Either current or delinquent,due the city
may be pad by installments. Failure to levy and assess taxes through onission, in preparation of the approved tax roll,shell
not rdieve the person,firm,or corporation so omitted from obligation to pay such current or past due taxes as shown to be
payable by recheck of the rolls and receipt for the years in question.
Section 7.02 Power to Tax
The Coundl shell have the power granted to municipalities by the Constitution and laws of the gate of TeDes to levy,assess
and collect laArful taxes on property within the territory of the Qty, not to exceed the maodmum limits set by the
Constitution and hats of the gate of Texas or restricted by this Charter.
Section 7.03 Appraisal and Assessment of Real Property
All taxable property situated within the corporate limits of the City on the first day of knuay of each year, not epressiy
eempted by larv,shell be subject to yearly taxation by the City.As prescribed by gate Lave,the assessed value of such
property shell be One-Hundred(1)0) percent of its appraised value on,bnua y 1 as determined by the Tarrant Appraisal
District or its successor.
Section 7.04 Tax Rate
The tax rate shell be calculated, publicized and adopted in accordance with the State Property Tao(Code.
Section 7.05 Election to Repeal Tax Increase
If the City Council adopts a tax rate that exceeds the Fbll Bade Rate,the qualified voters of the Qty, by petition, may require
that an Election be held to determine whether or not to reduce the tax rate adopted for the current year to equal the F3nll
Bad(Fate.3ach petition is valid if it complies with State LaN.
Section 7.06 Tax Exemptions and Abatements
(a) The City Council may pass, by ordinance,exernptions and abatarients as provided by gate LaAt. Exemptions and
abatements shell include, but not be limited to,over 65 eeWtions,disabled aernptions,and tax abatements.
(b) The Tarrant Appraisal District shell prescribe the method and manna in which such exernptions maybe secured
by qualified property owner9s0 according to gate Lave.
Section 7.07 Tax Payments
All taxes due the City shell be payable in legal tender to the Qty or its agent,and shell become due and payable upon receipt
of the tax bill.Such taxes shell be ddinquent if not pad before Februery 1 of the year following the year in which imposed.
The interest and penalty on ddinquent taxes shell be assessed as provided by gate LaAt.
Section 7.08 Tax Liens and Liability
(a) Peal and Persona Property.On knuay 1 of each year,a tax lien in favor of the City atta Ines to a property to
secure the payment of ell taxes, penalties,and interest ultimately imposed for the year on that property,whether or
not the taxes are imposed in the year the lien attaches.The lien shell have priority over ell other dams except as
provided by laAt.
(b) Business and Non-Business Personal Property. Upon securing a tax warrant as provided by gate LaAt,the City may
seize,and take possession pending the sale of,as much of any business persona property,or certain non-business
taxable property as may be reasonably necessary for the payment of ell taxes, penalties,and interest owed,as well
as ell costs of seizure and sole.
ARTICLE VIII: BOARDS AND COMMISSIONS
Section 8.01 Boards&Commissions—General
(a) In addition to the boards and commissions established by this Charter,the City Council shell be arponrered to
create additional boards and commissions.ssions. Each appointed member of the Boards and Camnissions of the Qty
shell meet the following qualifications (1j Be a registered voter of the Qty, (2) Snell have resided in the Qty for
one year,and (3) Continue residency in the Qty during the term of office.
(b) The City Secretary shell provide application forms to ell qualified citizens who epress interest in serving on the
boards and=nnissions All such applicants shell receive due consideration by the City Council hoNever,the Qty
Council may select and appoint any qualified person.
(c) The City Council shell have the authority to remove any appointee from any board or conTrission.
(d) The City Council shall by ordinenoe set the size,quorum, length of tams,rules of order aid organization of each
Qty board and comnnission.
Section 8.02 Planning&Zoning Commission
A Raining and Zoning Commission shall be Established to advise and formulate recommendations to the City Council for the
improvement,planned growth, health,safety and well-being of the City.The duties and powers of the Raining&Zoning
Commission shall include the following:
(a) To prepa'e and recommend for approval by the City Council,a long range comprehensive city plan for the orderly
physical development of the City,and to reviEw and make recommendations for revisions to the Qty Ran as
necessary, but such review shall be made no less frequently than once eer y five yeers.
(b) To reviEw proposed changes in zoning districts and make recommendations to the City Council, in amordenoe with
procedures for such reviEw as established by ordinanoa
(c) To re\AEw and approve or deny proposed platting or subdivision of land within the City and its ekraterritorial
jurisdiction, in accordance with procedures established by ordinenoe and gate Larv.
(d) Any other duties or powers assigned to the Commission by ordinanoe.
Section 8.03 Zoning Board of Adjustment
(a) A Zoning Beard of Adjustment shall be established to hear appeals from any aggrieved person,entity or by,any
officer,department or board of the City affected by any decision pertaining to zoning.
(b) The Board of Adjustment shall have all powers granted by,and shall be controlled by the provisions of State LaAt.
The Beard vested with the power and authority,and in appropriate cases and subject to appropriate conditions and
safeguards,to make such varienoes,Exemptions and Exceptions to the terms of appropriate ordinances in harmony
with their special rules therein contained for the purposes of rending full justice and equity to the general public.
The City CoundI shall establish, by ordinance,Zoning Beard of Adjustment procedures for accepting,hearing and
acting upon appeals.
Section 8.04 Parks&Recreation Board
A Parks and Recreation Board shall be established to alvise and formulate recommendations to the City Council for the use,
improvement and growth of parks and recreation activities within the city.
ARTICLE IX: MUNICIPAL COURT
Section 9.01 Establislnnent of the Municipal Court
A municipal court, known as the"Municipal Court of Kennedaie, Taei;' is hereby established.The Municipal Court shall have
the jurisdiction,powers,and duties given and prescribed by the laws of the gate of Taos.The City Council shall have the
power to create and establish by ordinance additional municipal courts.
Section 9.02 Fines,Fees, and Costs
All fines, penalties,fees,or costs collected by the Municipal Court shall be deposited in the Qty treasury. No fee or costs
shell be charged acept those authorized by:fate Law. Neither the compensation of the Judge of the Municipal Court,nor of
any full or part-time employee of the City,shall be based upon a percentage of the fines imposed by the Municipal Court.
Section 9.03 Judge of the Municipal Court
The City Council shall appoint a Judge who shall be known as the"Judge of the Municipal Court".The Judge shall be
appointed for a two(2) yeer term. In order to be appointed,the Judge must be a resident of the:fate of Tees The Qty
CoundI shall fix the compensation for the Judge.The City Council,aging in its sound discretion, may suspend or remove the
Municipal Judge at any time by a majority vote of the entire Council.The City Council shall give the Municipal Judge written
notice for removal and/or suspension and give the Municipal Judge opportunity to respond. Upon written request of the
Municipal Judge,the City CoundI shall schedule a public hearing and provide the Municipal Judge an opportunity to present
a defuse against any accusations made The City Counci l shall not 2rbitraily or capriciously suspend or remove the
Municipal Judge,but its decision in such mutters shall be final. If for any reason the Judge is unable to at,the City CoundI
shell either declare the office va ant,or appoint a tarporay Judge to serve until the Judge is able to act. If the office of the
Judge is declared vaunt, it shall be filled by appointment by the City Council in accordance with this Suction. Following
appointment the Judge must meet all educational or other qualifications as prescribed by State law.The City Council may
also appoint such alternate Judges as necessary.All alternate Judges must meet the same qualifications as the Judge of the
Municipal Court.
Section 9.04 Clerk of the Municipal Court
The Qty Manager shall appoint a derk who shall be known as the"Clerk of the Municipal Court".The Clerk of the
Municipal Court shall keep the records and the proceedings of the Court, issue all processes,and generally perform all the
duties prescribed by law for clerks or such courts,insofar as those duties are applicable.
Section 9.05 City Prosecutor
The Qty Council shall appoint a City Rosecutor who is licensed to practice law in the Skate of Tex .The City Council shall
fixthe compensation for the City FRosecutor and determine the length of time for appointment.The City Rosecutor may be
an individual,partnership or professional corporation composed of individuals licensed to practice law in the gate of Tes.
ARTICLE X: FRANCHISES AND PUBLIC UTILITIES
Section 10.01 Franchise Power of the City
In addition to the City's power to buy,construct, lease, maintein,operate,and regulate public utilities within and without the
Qty limits,and to manufacture, distribute and seal the commodities or products of such utility operations required by the
public,the City shall have such further powers as may nor or hereafter be granted under the Constitution and laws of the
State of Tee.
Section 10.02 Power to Grant Franchises
The City Council shall have the power by ordinance,after public hearing,to grant, renew,and extend all franchises for all
public utilities of every character operating within the City and,with the consent of the franchise holder,to annend the same,
provided,however,that no franchise shall be granted for an indeterminate term,and that no franchise shall be granted for a
term of more than twenty(20) years from the date of the grant, renewal or extension.Council action on 211 ordinances
granting,renewing,extending,or annending a public utility franchise shall comply with the applicable provisions set forth in
Section 3.1D of this Charter.
Section 10.03 Exclusiveness of Franchises
No grant or franchise to construct, maintain,or operate a public utility and no renewal or extension of such grant shall be
adusive.
Section 10.04 Transfer of Franchises
No public utility franchise shall be transferable except by the approval of the City Council e�pressed by ordinance following a
public hearing.The term"transferabld',as used heren,shell not be constructed in such a manner as to prevent the franchise
holder from pledging said franchise as security for a valid debt or mortgage.
Section 10.05 Extensions of Public Utilities
All edensions of service of public utilities within the Qty limits shall become a part of the aggregate property of the public
utility,shall operate as such,aid shall be subject to all the obligations aid reserved rights contained in this Charter and in
any original grant hereafter made.The right to use aid maintain any ekension shall terninate with the original grant aid
shall be terminable es provided in Section '0.06. In case of an ekension of a public utility operated under a franchise
hereafter granted,such right shall be terminable at the same time and under the same conditions as the original grant.
Section 10.06 Right of Franchise
All grants,removals,edenslons,or anndndments of public utility franchises shall be subject to regulation by the City Council.
The City Council, by ordinance,shall have the following powers:
(a) To repeal the sane by ordinance at any time for failure to begin construction or operation within the time
prescribed or otherwise to comply with the terms of the franchise,such power to be excercised only after due notice
and hearing.
(b) To require an adequate ekension of plant and service as is necessary to provide adequate service to the public and
maintenanoe of the plant and fi)dures at the highest reasonable standa'd of efficiency.
(c) To impose regulations that insures safe,efficient and continuous service to the public.
(d) To require at any time such compensation and rental as may be permitted by the laws of the gate of Tee.
(e) To require the franchise holder to restore at the franchise holder's eqx nse,all public or private property to a
condition equally as good or better than before disturbed by construction, repair or removal.The franchise holder
in opening and refilling of all eErth opening shall rerlay the pavement and do all other work necessary to complete
restoration of streets,sidewalks or grounds to a condition equally as good or better as when disturbed.
(f) To require every franchise holder to furnish within a ruble time to the Qty,without cost to the Qty,a general
map,with updates outlining the location,cheiacter,size, length,and terminals of 211 facilities of such franchise
holder in,over,and underground of property in the City and to provide detailed information on request.
Section 10.07 Records and Accounts
The City Council shall periodically examine,and may, if deerned appropriate,request and audit the records of all franchise
holders and municipally owned public utilities.The City Council shall also demand that all franchise holders and municipally
owned public utilities keep a standard system of accounting and furnish reports on the local operations of the utility.Such
reports shall be prepared in such form and contain such information es the Qty Council shall prescribe.
Section 10.08 Sale of Municipal Services
The Qty Council shall have the power and authority by ordinance to sell and provide such public sevioes as may be
beneficial to the Qty.
Section 10.09 Ownership and Control of Streets,Etc.
The sole right of control and use of the public street,sidewalks, highways, bridges,alleys, public plates,and other reel
property of the Qty is hereby declared to be inalienable.The City Council may prohibit the use of any property or right of
way within the Qty limits to any public utility,whether the use be under,over,or on such property.
Section 10.10 Regulation of Rates
The Council shall have full power after due notice and hearing to regulate by ordinanoe the rates,charges and fares of all
public utility franchise holders operating in the Qty, provided that no such ordinanoe shall be passed as an erne gency
measure. Upon receiving a request from a public utility franchise holder requesting a change in rates,the Council shall call a
public hearing for consideration of the change All such franchise holders who shall request an increase in rates,charges,or
fares shall have,at the hearing of the Council called to consider such request,the burden of establishing by deer,conpetent,
and convincing evidence the value of its investment property allocable to service in the City,and the annount and character of
its eqx nses and revenues connected with the rendering of such service. If, upon such hearing,the Council is not satisfied
with the sufficiency of the ekAdenoe furnished, it shall be entitled to call upon such public utility for the furnishing of
additional esdenoe at a subsequent date to which slid hearing may be adjourned. No public utility franchise holder shall
institute any legal action to contest any rate,charge,or fare fixed by the Council until such franchise holder has filed a
motion for rehearing with the Council setting out each ground of its complaint against the rate,charge,or fare fixed by the
Council,and until the Council shall have acted upon the motion within a reasonable time, not to acoeed s>dy(60) days from
the filing of such motion for rehearing;provided,that the Council may by resolution ekend such time of acting on said
motion for rehearing s)dy(60) days to ninety(90) days.The Qty shall have the power to employ at the apense of the
franchise holder,apert assistance and advice in deterrrining a reasonable rate and equitable profit to the franchise holder.
Section 10.11 Discrimination
The Qty Council shall prevent unjust discrimination in service or rates by all franchise holders.
Section 10.12 Franchise Records
The City shall compile and maintain a public record of utility franchises.
Section 10.13 Franchises Granted Before Ratification of This Charter
All franchises granted before the ratification of the Charter are recognized as contracts between the City and the grantee,
and the contractual rights contained in any such franchise shall not be impaired by the provisions of the Charter.
ARTICLE XI: INITIATIVE, REFERENDUM, AND RECALL
Section 11.01 Initiative
The qualified voters of the City shell have the power to propose any ordinance,ecoept an ordinance related to zoning,the
appropriation of money or the authorization of the levy of taxes or one repealing such an ordinance,and to adopt or reject
the same ordinance at the polls,such power being known as"initiafivEl'.Any initiated ordinance may be submitted to the
City Council by a petition signed by qualified voters equal in number to A least twenty-five(25) percent of the votes cast in
the last regular municipal Election,but not less than two hundred and fifty(250) signatures.Such initiated ordinance may be
passed by the City Council without change,or may be submitted to the voters at an Election called for that purpose.
Section 11.02 Referendum
The qualified voters of the City shell have power to require reconsideration by the City Council of any adopted ordinance,
acoepting those ordinances rElating to zoning,that appropriation of money or the levy of taxes,such power being known as
"referendum'. In the submission of a petition for referendum,the number and qualifications of petition,aaCept that
referendum petitions must be filed with the City S3cretary within sixty(60) days after the effective date of the ordinance
that is the subject of the referendum.Men such petition has been certified as sufficient by the City SOcretary,the ordinance
specified in the petition shell not go into effect,or if it has gone into effect,further enforcement or action thereunder shell
be suspended unless and until such ordinance is approved by the voters as provided herein.
Section 11.03 Recall
The qualified voters of the City shell have the power to recall any Elected official of the City and may ecercise that power by
filing with the City Secretary a petition containing the same number of signatures and qualifications as required for an
initiative petition under this Charter. If the petition is certified by the City Secretary to be sufficient,the City Council shall
cell an Election to determne whether the official named in the petition shell be recalled.The Election shell be hdd no earlier
than thirty(30) days after the City Council receives the petition, nor no later than the nek special Election as elloNed in the
TeDes Bection Code.
Section 11.04 Results of Recall Election
If the majority of the votes cast in a recall Election are for the recall of the officer named on the ballot,the City Council shell
immediately declare that office vacant,and the vacancy shell be filled in accordance with the provisions of this Charter.
Section 11.05 Limitation of Recall
No recall petition shell be accepted against an Elected official within six(6) months after taking office,and no official shell be
subjected to morethan one recall Election during aterm of offioa
Section 11.06 Form of Petitions
All papas for any particular petition circulated for the purpose of an initiativP,referendum,or recall shell be uniform in size
and style. Initiative petitions shell contain the full tek of the proposed ordinance,and referendum papas shell contain a
description sufficient to identify positively the ordinance sought to be repealed.The signatures to initiative, referendum,or
recalls petitions need not to be appended to one papa, but all paw that compose a single petition shell be assembled and
given to the City Secretary as one instrument with an attached affidavit.The affidavit attached to the petition shell be
prepared by the person who files it,and shell beer the stated number of signatures and a statement to the effect that all
signatures appended to the petition are, in his belief,the genuine signatures of the persons whose narries they purport to be.
Nam,addresses,and voter registration certificate number s of the signers of such petitions shell be printed adjacent to their
signatures.
Section 11.07 Filing,Examination, and Certification of Petitions
Petitions for initiative,referendum,or recall shell be filed with the City Secretary.V\fthin twenty(20) days after a petition is
filed,the City Secretary shell determine whether the petition has been signed by a sufficient number of qualified voters,
whether it has a proper,attached affidavit of the person who filed the petition and whether it otherwise meets the
procedures of this Charter and other laNs.After completing an acumination of the petition,the City Secretary shell certify
the results to the City Council A its nek regular meeting. If the petition is insufficient the City Secretary shell set forth in a
certificate the reasons for its insufficiency,and shell A once notify the person who filed it of the findings.
Section 11.08 Amendment of Petitions
An initiative,referendum,or recall petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be aided once if the Fletitioner files a notice of intention to aid it with the Qty
S3cretay within five(5) days after receiving the copy of the certificate aid files a supplementary petition must be signed and
filed as provided for in the original petition.The carne procedures established for an original petition shall there be followed
by the City Secretary and City Council.The findings of the insufficiency of a petition shall not prejudioe the filing of a new
petition for the same purpose.
Section 11.09 Consideration by the City Council
Menever the City Council receives a certified initiative or referendum petition from the City Sacretay, it shall proceed at
once to consider such petition.A proposed initiative ordinance shall be considered in a public hearing held by the Qty
Council.The City Council shall take final action on an initiative or referred ordinance not later than thirty(30) days after the
date on which it was submitted to the City Counci l by the City Secretary.
Section 11.10 Submission to Voters
If the City Council falls to pass an ordinance proposed by initiative petition in the exit form proposed,or it falls to repeal a
referred ordinance,the ordinance shall be submitted to the voters not less than thirty(30) days from the date the Qty
Council takes its vote,or not later than the special election date as allowed in the TeDes Bection Code,
Section 11.11 Results of Election
V\hen a"ority of the votes cwt on a proposed ordinance are favorable, it shall become an ordinance of the Qty, upon
certification of the election results.A referred ordinance shall be approved by a n-Oority of the voters. If conflicting
ordinance are approved by the voters at the sane elections,the one receiving the greatest number of affirmrtive votes shall
prevail to the e ent of such conflict.
ARTICLE XIL GENERAL PROVISIONS
Section 12.01 Public Meetings
Meetings of all elected commissions and all boards or commissions appointed by the City Council shall be open to the public
in accordance with the huts of the gate of Tee. Meetings of the City Council shall be hdd in accordance with provisions of
this Charter. Minutes,transcriptions and recordings of all public meetings shall be archived ax:ording to gate law and shall
be public records.
Section 12.02 Public Record
Municipal records shall be available for public inspection during normal business hours,in axordanoe with state law.The
cost,to any person requesting nonoertified reproductions of public records,shall be established by the City Council.
Section 12.03 Effective Date of This Charter
This Charter shall become effective on and after the date and time of the first meeting of the City Council following the
election at which a majority of votes cast by qualified votes of the City affirms adoption of this Charter.The City Council
shall, immediately after canvassing slid election,declare by resolution that this Charter is adopted.The City Council shall
then order that this resolution be recorded upon the records of the Qty of Keinedaie,Text,aid the records of the
cbyetary of Ted,as prescribed by the laAvs of the State of Terms.
Section 12.04 Effect of Charter on Existing Law
All ordinances,resolutions,rules aid regulations in force in the City of the effective date of this Charter,aid not in conflict
with this Charter,shall remain in force until altered,amended or repeeled.All to Es,assessments, liens,eicumbranoes and
derends,of or against the City,fixed or established before such date,or for the fi>ang or establishing of which proceedings
have begun at such date,shall be valid when properly fixed or established Either under the law in force at the time of
beginning of such proceedings or under the Ia tv after the adoption of this Charter.
Section 12.05 Continuation of Present Offices
All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performenoe
of thdr duties until provision shall have been made in aecordanoe therewith for the performance of such duties or the
discontinuance of such office.The powers conferred and the duties imposed upon any office,department or agency of the
Qty by the laws of the gate shall, if such office,department or agency be abolished by this Charter or under its authority,
bethereafter e rdsed and discharged by the office,department or agency designated by the Council unless otherwise
provided herein.
Section 12.06 Amendments to this Charter
Amendments to this Charter may be formulated and submitted to the votes as provided by:fate Lauv.
Section 12.07 Conflict of Interest
Offices or employees of the Qty having a direct or indirect interest in any proposed or e�asting contract, purchase,work,
sale,or service to,for,or by the City shall not vote or render a decision,or use thdr personal betterment,financially or
otherwise,to any degree. Every elected office shall publicly disclose any such interest upon assumption of office or prior to
consideration of any such mattes.Any office or employee who willfully conoeals such interest or willfully violates the
requirements of this section shall be guilty of malfeasanoe in office or position,and shall forfeit the office or position.
Violation of this section contracting with or making a sale to the City shall render such contract or sale voidable by the Qty
Manage or City Council.
Section 12.08 Nepotism
(a) No member of the serve household of a Qty Council member or the Qty Manage of the City shall be employed in
a paid position for public service to the Qty,except as permitted by:fate Lauv.
(b) No person rdated to a member of the City Council or the Qty Manage of the City shall be employed in a paid
position for public service to the Qty if such kinship is dose than the second degree by marriage or the third
degree by consanguinity,exert as permitted by State Lanr.
Section 12.09 Guarantee of Funds
The City Council shall require that the depository or depositories holding ail public funds shall pledge eligible securities or
surety bonds against said funds to the ekeit of the total of such funds held by each and ever depository in axordanoe with
the laAvs of the State of Team.
Section 12.10 Notice of hljury or Damage
Before the Qty of Keinedale shall be liable for darsges for the death or personal injuries of any person or for darege to or
destruction of property of any king that does not constitute a taking or damming of property under the Constitution of
Tees,the person injured,or if deceased, his or her representatives shall give the City Council or Qty Manage notice in
writing of such death, injury,dame,or destruction,duly verified by affidavit,within thirty(30) days after same has been
sustained.Such written notice shall state specifically when,where,and how such death, injury,damage or destruction
occurred;the apparent extent of any such injury;the amount of darrges sustained;the street and number of the actual
residenoe of the claimant at the date the claim is presented;the actual re§dence of the claimant six months preceding the
oocurrenoe of such death, injury,darregQ or destruction and the names and addresses of 211 witnesses upon whom it is relied
to establish the daim for damages.The feilure to so notify the Qty Council or Qty Manager within the time and manner
specified herein shall awerate, excuse,and ae ript the Qty from any liability whatsoever. No act of any officer or employee
of the City shall wave complianoe or stop the Qty from requiring corplianoe,but the provision may be waved by resolution
of the City Council,made and passed after the expiration of the thirty(30) day period herein provided and ekAdenced by
minutes of the Qty Council.
Section 12.11 Official Medium
The City Council shall, by resolution,designate a local legal newspaper or newspapers of general circulation in the City as the
official nen1spape'(s) for publication of official business.All ordinances,notices,and other melters that are required to be
published officially by this Charter,ordinances of the Qty,or the laws of the State of Tee shall be publicized in sad
medium.
Section 12.12 Gender of Wording
The gender of wording used throughout this Charter shall be interpreted to mean either sex
Section 12.13 Qualified Voter
The word"voter",as referred to in this Charter,shell be defined as an individual who meets the requirements of 30 days
residency in the Qty of Kennedele,Texas,and is a registered voter in the gate of Texas.
Section 12.15 Official Oath of Office
(a) Before taking the oath or affirmation of office prescribed by this Suction and entering upon the duties of office,ell
elected officials of the City shell subscribe to the following statement:
, do solemnly swear(or aJWrm) that I have not directly or indirectly paid, offered,promised to pay, contributed,
or promised to contribute any money or thing of value, or promised any public office or employment, for the giving or
withholding ofa vote at the election at which I was elected so help me God."
(b) Before taking the Bath or affirmation of office prescribed by this section and entering upon the duties of office,ell
appointed officials of the City shell subscribe to the fol lowing statement:
"I, , do solemnly swear(or affirm) that I have not directly or indirectly paid, offered, or promised to pay,
contributed, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a
reward to secure my appointment or confirmation thereof, so help me God."
(c) Before entering upon the duties of their offioes,ell elected and appointed officials of the City shell take the
following oath or affirmation:
"I, , do solemnly swear(or affirm) that I will faithfully execute the duties of the office of of the City of
Kennedale of the State of Texas and will to the best of my ability preserve,protect, and defend the Constitution and laws of
the United States and of this State, and the Charter and ordinances of this city, so help me God."
Section 12.16 City Exempt for Appeal Bonds
It shell not be necessary in any action,suit,or proceeding in which the Qty of Kennedele is a part of any bond,undertaking,
or security to be e�cecuted in behalf of said Qty.All such actions,suits,appeals,or proceedings shell be conducted in the
serve manner as if such bond, undertaking,or security had been given;and the City shell be liable as if such obligation had
been given and e�cecuted.
Section 12.17 Funds Not Subject to Garnishinent
No funds of the Qty or within the custody of the Qty of any of its officials in any official capacity shell be subject to
garnishment,and the City shell not be required to answer in any garnishment proceedings.
Section 12.18 Certification and Submission to Voters
Pursuant to the obligations imposed on this Charter Commission by law,said Commission has determined and hereby
certifies:
(a) That this Charter is a true and correct copy of the Charter prepared by this Charter Commission.
(b) That,in the submission of this Charter to the voters, it would be impracticable to segregate each subject for a
sepa'ete vote thereon,for the reason that the Charter is so constructed that, in order to eneble it to work aid
function, it is neoessay that it be adopted in its entirety,therefore it is submitted so a;to be voted upon as a
whole.
(c) That the election for this purpose shed be hdd in the City of Kennedde on the 17h day of,bnua y, S98.
(d) That the Charter Commission completed its work on the 25"day of Novernbar, 1997.
Proposed and submitted to our voters:
KENNEDALE HOME RULE CHARTER COMMISSION
John Clark, Chairman Charles Gray, Vice Chairman
Vicki Thompson George Barrett
Bill Abbott Michael H. Bevill
John W. Berry Michael Box
Roy Boenig Ray Cowan
Wayne S. Cordell Sonora Fenoglio
Eric Elam Jerry N. Miller
Steven Hayes Robert P. Mundy
Elmer L. Moseley Tim Smith
Steve Radakovich Nita Vaughn
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
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:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the Mayor
II. Originated by:
III. Summary:
Updates and information from the Mayor.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager
II. Originated by:
Bob Hart
III. Summary:
Updates and information from City Manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Executive Limitations
B. Ends
- Balanced Scorecard
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Executive Limitations lExecutive Limitations UPDATED.docx
Balanced Scorecard lKennedale Strategy August 2015. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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.
Overall, City operations are in compliance with the global constraint policy. A potential deviation may be in
how the TxDOT receivables are recorded on the sidewalk project because TxDOT takes longer than 60 days
to reimburse submittal requests. We continue to record the payment as a current account receivable.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATMENT OF CUSTOMERS OF CITY SERVICES
With respect to interactions with customers, the City Alanager 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.
Cyber security issues are a major concern in compliance with point 2. The city backs up files on a daily basis
to avoid more common hacking attempts. Limitations have been placed on what websites can be accessed.
Both the city manager and IT analyst are members of InfraGard to better understand the risks involved.
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 stair, (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 non-disruptive expression of dissent.
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.
The city maintains current personnel policy and orientation booklet. City operations are in compliance with the
treatment of staff policy. Staff was heavily involved in the preparation of an asset management plan.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICYTITLE: 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 staffinembers.The department heads collectively are aware of on-going
activities and projects, and I have been more attentive to this in staff meetings.
F-Kennedale family oriented, - KENNEDALE
13-1
located,conveniently providing opportunities to live,work and play
KENNEDALE August 2015
You're Here,YOUr Home
S1 Achieve a Thriving
Community
S2 Be a Sustainable S3 Be Family
&Attractive City Oriented
I1 Provide Excellent
Services -
---- --------
FBness hance I3 Expect Operational I4 Ensure Public I5 Enhance
Climatel� Excellence Health & Safety Partnerships
E1 Build Exceptional E2 Foster Pride in E3 Leverage
Talent Ownership A , Technology LM
F1 Balance the F2 Expect Fiscal F3 Leverage
Tax Base Responsibility ) Resources
OGRE VALUES I NTEGRITYACOC)UNTAB UTY TEAM WOW I NNOVA-nON ODM M ITM ENT
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of agreement between the City of Kennedale and Alluvium Development for The
Vineyard Phase 2.
II. Originated by:
III. Summary:
As part of approving final plats, city code requires approval of a city-developer agreement. This agenda
item is to consider approval of the agreement between the City of Kennedale and the developer of The
Vineyard (Alluvium Development) and the property's owner(First Texas Homes) for Phase 2 of The
Vineyard final plat. City Council approved the city-developer agreement for Phase 1 when the final plat
for Phase 1 was approved.
The agreement describes the respective responsibilities assigned to the City and the developer and
owner in terms of infrastructure and facilities to be provided. The agreement uses the City's standard
language for city-developer agreements and addresses topics such as who is responsible for the costs of
installing water and sewer lines and street lights and the bonds we require a developer to have.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
F1. The Vineyard Phase 2 city-developer Developer Agreement- Vineyard Phase I I
a reement I(DRAFT).doc
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE
DEVELOPER'S AGREEMENT
FOR THE
THE VINEYARD ADDITION
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into on the day of 2015,
between the City of Kennedale, Texas, hereinafter referred to as the "CITY", and
Alluvium Development, Inc., whose address is 4516 Lakota Trail, Mansfield, TX
76063, and First Texas Homes, whose address is 500 Crescent Ct. ST 350, Dallas,
TX 75201 , hereinafter collectively referred to as the "DEVELOPER."
WHEREAS, the DEVELOPER has requested the CITY to permit the platting
and/or development of a tract of land known as The Vineyard Addition (the
"Addition"); and
WHEREAS, the CITY has approved such platting and/or development which
requires the construction of community facilities and improvements to serve the
Addition as provided herein; and
WHEREAS, this Agreement shall operate as a covenant running with the
land and shall be binding upon the DEVELOPER and their successors, heirs,
assigns, grantees, trustees and representatives; and
WHEREAS, the DEVELOPER has agreed to create a homeowner's
association for the Addition which shall be considered to be a successor and assign
of the DEVELOPER for purposes of carrying out future obligations of the
DEVELOPER pursuant to this Agreement.
NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the
mutual covenants and agreements contained herein, do mutually agree as follows:
Page 1
A. ZONING, PLATTING and ADDITION PLANNING
All property owned by the DEVELOPER and located within the limits of the Addition
shall be zoned and platted in accordance with the Zoning Ordinance and the
Subdivision Ordinance of the CITY before any Building Permit will be issued. The
DEVELOPER shall dedicate, at no cost to the CITY, all easements and other
dedications as required by CITY regulations at the time of platting.
The DEVELOPER shall comply with all requirements in this Agreement as a
condition of approval of the Addition.
B. PUBLIC IMPROVEMENTS
All public and private infrastructure improvements, including streets, utilities,
drainage, sidewalks, street lighting, street signage, and all other required
improvements, shall be provided by the DEVELOPER, at no cost to the CITY, in
accordance with the Subdivision Ordinance and other Regulations of the CITY, and
as approved by the City Engineer or his agent. Such improvements shall be
installed within all applicable time frames in accordance with the Subdivision
Ordinance of the CITY and this Agreement.
The DEVELOPER shall employ a civil engineer licensed to practice under Chapter
1001 of the Texas Occupations Code for the design and preparation of plans and
specifications for the construction of the public improvements. The DEVELOPER
shall assume all responsibility for the adequacy and accuracy of the design, plans
and specifications. Engineering studies, plan/profile sheets, and other construction
documents (hereinafter referred to as the "Construction Plans") prepared by the
licensed engineer shall be provided by the DEVELOPER at the time of platting as
required by the Subdivision Ordinance. Such documents shall be approved by the
City Engineer or his agent prior to approval and filing of a Final Plat. Construction of
such improvements shall not be initiated until a Pre-Construction Conference has
been conducted regarding the proposed construction.
In accordance with the Subdivision Ordinance of the CITY, construction of all public
improvements shall be subject to routine review by the City Engineer or his agent to
evaluate conformance with the construction plans, project specifications and CITY
standards. However, such review and evaluation shall not relieve the
DEVELOPER, his engineer and/or agent of responsibility for the design,
construction and maintenance of the improvements as set out in this Agreement
and relevant ordinances of the CITY.
Page 2
Upon completion of construction of public improvements as required by this
Agreement and the Subdivision Ordinance, the DEVELOPER shall deliver to the
CITY the following As-Built construction plans for the public improvements
constructed or engineered by the DEVELOPER:
1 . One FULL set in AutoCAD 14 (or the City's most recent version);
2. One FULL MYLAR set;
3. One FULL Blue-Line set;
4. One FULL PDF set;
5. One Blue-Line copy of the executed ("filed") Final Plat sheet;
6. One 11" X 17" copy of the Final Plat Sheet;
7. Two (2) Blue-Line copies of the Water and Sanitary Sewer Layout sheet at a
scale of 1 :200;
8. One Blue-Line copy of the Storm Drain Layout sheet at a scale of 1 :200; and
9. Shapefiles (GIS) providing the location of water and sanitary sewer layout
and storm drain layout. The shapefiles shall be provided in the Texas NAD83
State Plane coordinate system for North Central Texas.
No building permits will be issued for the Addition until all public improvements have
been installed and inspected and a Letter of Acceptance has been issued by the
City.
C. CONSTRUCTION BONDS
Prior to initiating any construction for the Addition, the construction contractor(s) for
the DEVELOPER shall provide the CITY with one original and one quality copy of
the following construction bonds:
1. PERFORMANCE BOND
A good and sufficient Performance Bond in an amount equal to one
hundred percent (100%) of the total contract price of the contract
between the DEVELOPER and the Prime Contractor for the
construction of public improvements (and any private improvements
constructed in lieu thereof), guaranteeing the full and faithful execution
of the work and performance of this contract and for the protection of
the CITY against any improper execution of the work or the use of
inferior materials. The Performance Bond shall guarantee completion
of the improvements within one year of execution of this Agreement.
Page 3
2. PAYMENT BOND
A good and sufficient Payment Bond in an amount equal to one
hundred percent (100%) of the total contract price of the contract
between the DEVELOPER and the Prime Contractor for the
construction of public improvements (and any private improvements
constructed in lieu thereof), guaranteeing payment for all labor,
materials and equipment used in the construction of the
improvements.
3. MAINTENANCE BOND
A good and sufficient Maintenance Bond in an amount equal to one
hundred percent (100%) of the total cost of the public improvements
(and any private improvements constructed in lieu thereof),
guaranteeing the maintenance in good condition of the facilities for a
period of two (2) years from and after the date that a Letter of
Acceptance is issued by the CITY indicating that the public
improvements have been completed by the DEVELOPER and
accepted by the CITY.
Each of the above bonds shall be in a form acceptable to the CITY. Any surety
company through which a bond is written shall be duly authorized to do business in
the State of Texas, provided that the CITY, through its Mayor, shall retain the right
to reject any surety company for any work under this Agreement regardless of such
company's authorization to do business in the State of Texas. Approval by the City
shall not be unreasonably withheld or delayed. No bonds issued by or backed by
Developers Surety and Indemnity Company, also known as AmTrust Surety, shall
be acceptable to the CITY.
D. STREETS
1 . In conjunction with the platting and development of the Addition, all
required on-site and off-site street improvements shall be constructed
by the DEVELOPER in accordance with the plans and specifications
prepared by the Developer's engineer and accepted by the CITY prior
to the issuance of any Building Permit. Streets shall be constructed of
portland cement and the DEVELOPER shall install curb and gutter in
accordance with CITY standards. The CITY shall assume
maintenance responsibilities of any public street improvements
installed by the DEVELOPER once the two-year maintenance bond is
Page 4
released. The DEVELOPER shall be responsible for maintenance of
all private drives or access ways.
2. Street lighting shall be installed by TXU Delivery Company or its agent
("TXU") in accordance with a street lighting layout plan provided by
TXU and approved by the City Engineer or his agent. The
DEVELOPER shall be responsible for the installation costs of any
required street lighting as provided herein.
E. SIDEWALKS
Sidewalks are required to be installed by the Home builder before a final inspection
shall be approved in accordance with the CITY's Subdivision Ordinance.
F. UTILITIES
1. WATER
All required on-site and off-site water mains, valves, fire hydrants and other
improvements shall be constructed by the DEVELOPER in accordance with
the plans and specifications prepared by the DEVELOPER's engineer and
accepted by the CITY prior to the issuance of any building permit. The CITY
shall assume maintenance responsibilities of the water system once the two-
year maintenance bond is released.
2. SANITARY SEWER
All required on-site and off-site sanitary sewer mains, manholes and other
improvements shall be constructed by the DEVELOPER in accordance with
the plans and specifications prepared by the DEVELOPER's engineer and
accepted by the CITY prior to the issuance of any building permit. The CITY
shall assume maintenance responsibilities of the sewer system once the two-
year maintenance bond is released.
3. DRAINAGE
All required on-site and off-site drainage improvements shall be constructed
by the DEVELOPER in accordance with the plans and specifications
prepared by the DEVELOPER's engineer and accepted by the CITY rip or to
the issuance of any building permit. The DEVELOPER agrees to comply
with all applicable EPA, TCEQ and other Federal, State and local
Page 5
requirements relating to the planning, permitting and management of storm
water. The DEVELOPER agrees to construct the necessary drainage
facilities within the Addition. These facilities shall be designed and
constructed in accordance with the CITY's Subdivision Ordinance and the
Construction Plans. The DEVELOPER agrees to comply with all provisions
of the Texas Water Code. The City shall assume maintenance
responsibilities of the drainage facilities once the two-year maintenance bond
is released, with the exception of the detention facilities, which will be
maintained by the DEVELOPER. If the DEVELOPER fails to maintain
detention facilities adequately, as determined by the CITY, the CITY shall be
authorized to make what improvements or repairs are needed, and the
DEVELOPER shall reimburse the CITY for any costs incurred for the work.
G. PUBLIC FACILITIES TO BE PROVIDED BY THE CITY
The CITY makes no guarantee that water supply or wastewater treatment
capacity will be available at any particular time or place, it being fully
understood by both parties hereto that the ability of the CITY to supply water
and wastewater services is subject to the CITY's water and wastewater
system capacity. The CITY shall be the sole judge of the availability of such
capacity to supply such water and/or wastewater services, provided,
however, that the CITY will use its best efforts to insure that said water
supply and wastewater treatment capacity is available.
H. FEES TO BE PAID BY THE DEVELOPER
1. PLAT FEES
The DEVELOPER has paid the CITY the required final plat application fee.
2. CONSTRUCTION INSPECTION FEES
The DEVELOPER hereby agrees to pay the CITY construction inspection
fees equal to four percent (4%) of the construction costs of water and
sanitary sewer infrastructure improvements and four percent (4%) of the
construction costs of street and drainage improvements for the Addition.
Payment is due prior to initiating construction of these infrastructure
improvements. DEVELOPER shall submit to the CITY documentation
sufficient to verify relevant costs.
3. STREET NAME SIGNS and TRAFFIC CONTROL DEVICE S/GNAGE
Page 6
The DEVELOPER is responsible for material costs, installation costs and
maintenance costs of all street name signs, traffic control devices and school
zone signs, including flashing light school zone signs as required by the City
Engineer. All street name signs and traffic control device signs shall meet
the current CITY standards and comply with the requirements of the Texas
Manual on Uniform Traffic Control Devices at the time of installation.
Installation must be completed prior to CITY acceptance of the Addition's
infrastructure improvements. Traffic Control or regulatory signs shall be
installed by the DEVELOPER where required.
4. IMPACT FEES
It is understood and agreed that impact fees will be assessed by the CITY at
the time of final platting of the Addition, including the applicable sanitary
sewer and water impact fees assessed by both the CITY and the City of Fort
Worth. These fees must be paid prior to obtaining building permits for lots in
the Addition.
5. PARK FEES
Required park fees (in lieu of dedication of park land) shall be paid by the
DEVELOPER before construction of the public improvements. The park fee
for the Addition is calculated as $1 ,200.00 per residential lot. For the 60
residential lots within The Vineyard Phase 2, the total park fees for The
Vineyard Phase 2 shall be $72,000.
6. PUBLIC UTILITIES
The DEVELOPER agrees to pay the public utility companies (Charter
Communications Cable Company, SBC Telephone Company, TXU Energy
Company, TXU Gas Company and TXU Delivery Company) for their required
costs of main installations, for street lighting, etc. for the Addition.
I. GENERAL CONDITIONS
1. LAW COMPLIANCE
The DEVELOPER agrees to comply with all federal, state and local laws that
are applicable to development of the Addition.
Page 7
2. EROSION CONTROL
During construction of the Addition and after the streets have been installed,
the DEVELOPER agrees to keep the streets free from soil build-up. The
DEVELOPER agrees to use soil control measures such as silt screening,
hydromulch, etc., to prevent soil erosion. It will be the DEVELOPER'S
responsibility to present to the City Engineer a soil control development plan
that will be implemented for the Addition. When, in the opinion of the City
Engineer or his agent, there is sufficient soil build-up on the streets or other
drainage areas and notification has been given to the DEVELOPER, the
DEVELOPER will have twenty-four (24) hours to clear the soil from the
streets or affected areas. If the DEVELOPER does not remove the soil from
the streets within the twenty-four (24) hours, the CITY may cause the soil to
be removed either by contract or CITY forces and place the soil within the
Addition at the DEVELOPER'S expense. All expenses incurred by the CITY
in doing so must be paid to the CITY prior to acceptance of the Addition.
3. PRIVATEAMENITIES
It is understood that the Addition may incorporate a number of unique
amenities and aesthetic improvements such as ponds, aesthetic lakes,
unique landscaping, fences and walls, street furniture, etc. and may
incorporate specialty signage and accessory facilities. The DEVELOPER
agrees to accept responsibility for the construction and maintenance of all
such aesthetic or specialty items. The CITY shall not be responsible for the
maintenance or replacement of these items under any circumstances.
4. AMENITIES WITHIN PUBLIC RIGHT-OF-WAY
Only those amenities or specialty items listed in this section may be
constructed within the public right-of-way. The CITY shall not be responsible
for the replacement of these items under any circumstances. The
DEVELOPER agrees to accept responsibility for the installation and
maintenance of all landscaping and irrigation, as specified on the approved
Construction Plans, within any open spaces or other public right-of-way
within the Addition and agrees to indemnify and hold harmless the CITY from
any and all damage, loss or liability of any kind whatsoever by reason of
injury to property or third persons occasioned by the location of these
amenities within the public right-of-way, and the DEVELOPER shall defend
and protect the CITY against all such claims and demands. The
DEVELOPER shall replace any plants, trees, or grass that die with the same
Page 8
type of plant, tree, or grass that is the same size and in the same stage of
growth as the landscaping that died.
5. VENUE
Venue for any action brought hereunder shall be in Tarrant County, Texas.
6. ASSIGNMENT
This Agreement or any part hereof or any interest herein shall not be
assigned by the DEVELOPER without the express written consent of the
Mayor, which consent shall not be unreasonably withheld.
7. HOMEOWNERS'ASSOCIATION
DEVELOPER shall create a Homeowners' Association for the purpose of
assuming the responsibility for continuing maintenance of facilities and
infrastructure that are the responsibility of DEVELOPER. The provisions for
the creation and operation of the Homeowners' Association shall be a
covenant running with the land and shall provide for adequate funding of the
Homeowners' Association for purposes of carrying out the obligations of this
Agreement. The provisions for the creation and operation of the
Homeowners' Association shall be subject to approval by the CITY.
8. CONSTRUCTION AND EXISTING GAS LINE EASEMENT
DEVELOPER shall submit adequate documentation to the CITY
demonstrating that the DEVELOPER has permission from the owner of the
gas line easement on the property to work around, over, or under the gas line
easement, as needed, to construct the public improvements as shown in the
construction plans. Such documentation shall include, at a minimum, a
written authorization from the holder of the gas line easement, submitted on
official letterhead from the easement holder and signed by an official with
authority to grant any permissions needed.
J. FINAL ACCEPTANCE OF SUBDIVISION INFRASTRUCTURE
The CITY will not issue a Letter of Acceptance until the Addition's public
improvements are completely constructed (Final Completion) to the satisfaction of
the Public Works Director or his agent and the City Engineer. However, upon
Substantial Completion, a "punch list" of outstanding items shall be presented to the
Page 9
DEVELOPER'S contractor(s) indicating those outstanding items and their
deficiencies that need to be addressed for Final Completion of the Addition.
The DEVELOPER agrees to deliver to the CITY clear and unencumbered title to all
public improvements. Upon issuance of a Letter of Acceptance, title to all public
improvements mentioned herein shall be vested in the CITY and the DEVELOPER
hereby relinquishes any right, title or interest in and to such improvements or any
part thereof. It is understood and agreed that the CITY shall have no liability or
responsibility in connection with such public improvements until the Letter of
Acceptance is issued.
K. NON-WAIVER
The DEVELOPER expressly acknowledges that by entering into this Agreement,
the DEVELOPER shall never construe this Agreement as waiving any of the
requirements of the Zoning Ordinance or Subdivision Ordinance or any other
ordinance of the CITY.
L. HOLD HARMLESS AGREEMENT
THE DEVELOPER SPECIFICALLY ACKOWLEDGES AND AGREES THAT
APPROVAL BY THE CITY ENGINEER OR OTHER CITY EMPLOYEE OF THE
CONSTRUCTION PLANS OR ANY OTHER PLANS, DESIGNS OR
SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS
AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE
OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, HIS
ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND
COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL
SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH
RESPONSIBILITY AND LIABILITY BY THE CITY FOR ANY DEFECT IN THE
DESIGN AND SPECIFICATIONS PREPARED BY THE DEVELOPER'S
ENGINEER, HIS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING
THE INTENT OF THE PARTIES THAT APPROVAL BY THE CITY ENGINEER
SIGNIFIES THE CITY'S APPROVAL ON ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL, FOR A PERIOD OF TWO (2) YEARS
AFTER THE ACCEPTANCE BY THE CITY OF THE COMPLETED
CONSTRUCTION OF INFRASTRUCTURE FOR THE ADDITION, INDEMNIFY
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON
ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH,
Page 10
TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY DEFECT,
DEFICIENCY OR NEGLIGENCE OF THE DEVELOPER'S ENGINEER'S
DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY
IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH, WHETHER
OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE
CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND THE
DEVELOPER SHALL DEFEND AT HIS OWN EXPENSE ANY SUITS OR OTHER
PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES OR ANY OF THEM, ON ACCOUNT THEREOF,
AND SHALL PAY ALL EXPENSES (INCLUDING WITHOUT LIMITATION
REASONABLE FEES AND EXPENSES OF ATTORNEYS) AND SATISFY ALL
JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM
OR ANY OF THEM IN CONNECTION THEREWITH.
THE DEVELOPER DOES HEREBY FULLY RELEASE AND AGREE TO,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM ALL CLAIMS, SUITS,
JUDGMENTS, AND DEMANDS OF ANY NATURE WHATSOEVER, FOR
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,
RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT
OR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND
FACILITIES IN THE ADDITION OR THE FAILURE TO SAFEGUARD THE
CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE
DEVELOPER RELATED THERETO, WHICH ACCRUE PRIOR TO ACCEPTANCE
OF THE IMPROVEMENTS BY THE CITY, WHETHER OR NOT CAUSED, IN
WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS,
AGENTS OR EMPLOYEES.
M. AMENDMENTS
This Agreement may be changed or modified only with the written consent of both
the DEVELOPER and the City Council of the CITY.
N. ASSESSMENT
In the event the DEVELOPER fails to comply with any of the provisions of this
Agreement, the CITY shall be authorized to cease issuance of any further
Certificates of Occupancy or building permits on property owned by the
DEVELOPER, and the CITY shall be further authorized to file this Agreement in the
Mechanic's Lien/Deed Records of Tarrant County as a mechanic's lien against the
DEVELOPER'S property; and in the alternative, the CITY shall be authorized to
Page 11
levy an assessment against the DEVELOPER'S property for public improvements
in accordance with applicable state law.
O. CONTINUITY
This Agreement shall be a covenant running with the land and shall be binding
upon the DEVELOPER, its successors, heirs, assigns, grantees, trustees and
representatives. The use of the term DEVELOPER in this Agreement shall include
the DEVELOPER'S successors, heirs, assigns, grantees, trustees and
representatives.
P. SEVERABILITY
The provisions of this Agreement are severable and, in the event any word, phrase,
sentence, paragraph, section or other provision of this Agreement, or the
application thereof to any person or circumstance, shall ever be determined by a
court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
the remainder of this Agreement shall remain in full force and effect and the
application thereof to any other person or circumstance shall not be affected
thereby. The invalid, illegal or unenforceable provision shall be rewritten by the
parties to this Agreement to accomplish the parties' original intent as nearly as
possible.
Q. TERMINATION AND RELEASE
Upon the satisfactory completion by the DEVELOPER and final acceptance by the
CITY of all requirements of this Agreement, this Agreement shall terminate and if
this Agreement has been filed in the county records, the CITY will execute a
release of covenant to the DEVELOPER and the CITY shall file said release in the
county records.
In Witness whereof, each of the parties hereto has caused this Agreement
to be executed by its undersigned duly authorized representative as of the date
herein above first mentioned.
DEVELOPER: Alluvium Development, Inc.
Terrance Jobe, President
4516 Lakota Trail
Mansfield, Texas 76063
tjobe @alluviumdevelopment.com
817.995.9500
Fax 972.349.9083
Page 12
By:
Terrance Jobe Date
OWNER: First Texas Homes, Inc.
Keith Hardesty, President
First Texas Homes Inc. (FTH)
500 Crescent Ct. ST 350
Dallas, TX 75201
214-613-3338
By:
Keith Hardesty Date
CITY OF KENNEDALE
By:
Brian Johnson, Mayor Date
ATTEST:
By:
Leslie Galloway, City Secretary
ACKNOWLEDGMENT
Page 13
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on
this day personally appeared known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me
that he is the President of and that he executed the
same on behalf of for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 2015.
Notary Public in and for the State of Texas
Type or Print Notary's Name
My Commission Expires:
Page 14
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) - B.
I. Subject:
Approve Schedule of Investment Activity for quarter ending June 30, 2015
II. Originated by:
III. Summary:
In accordance with Public Funds Investment Act (PFIA), the investments should be reported quarterly.
This is for the 3rd quarter for FY 15 and subsequently will be presented for each quarter to council to stay
current with PFIA.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Investment Report Qtr Ending 6/30/15 Pune 30 2015 Qtrly Investment Report. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
City of Kennedale, Texas
SCHEDULE OF INVESTMENT ACTIVITY
For The Quarter Ending June 30, 2015
aTyoF KBdN®ALF TEXAS
INVESTMENT REPORT
FORQUAR ERENDINGJUNE30,2015
The Quarterly Investment Report provides the Qty's investment portfolio position as of the report period indicated above. Fund of the Qty are invested
in accordance with the Qty of Kennedale Investment Policy as originally adopted on September 13,2001 and subsequently reviewed on October 13,
2014.
SJM MARY OF I NVESTM BUTS FORTHE QUARTER
99%of the Qty of KEnnedale's investments are owned by the Pooled Cash Fund.The remaining 1%goes to the$2.OM 2010 00 Bond Fund,$1.7M TX
Leverage Fund,and Gearing Funds.As pf the reporting quarter, 59.97%of the Qty's investments are in investment pools,and 40.03%are invested in
money market savings accounts.
I NVESTM ENT STRATEGI ES
The Qty's main objectives in managing the portfolio are as follows:suitability,preservation&safety of principal,liquidity,marketability,diversification,
and yield(91 Day Treasury Bill benchmark-earned.01-.03%during applicable quarter).
I NVESTM ENT FORTFOUOALLOWABLE BREAKDOWN
Certificates of Deposit (25%), Investment Pools (100%)* , Money Market Mutual Funds (100%)*, Repurchase Agreements (50%)*, Government
Obligations(25%), USTreasury& USAgency Callables(25%),USGovernment Agencies& Instrumentalities(100 0/6),and USTreasury Notes/Bills(100%)
*(no more than 50%in any individual pool,fund,or repurchase agreement)
M ONTHLY BALANCES-INVESTMBVTS
Investment Pool Account Name Interest Rate April 2015 May 2015 June 2015 Interest Earned
Texas Daily Consolidated Cash 0.09% 31,365.62 31,367.91 31,370.28 6.99
TeX3ar Consolidated Cash 0.07% 326,921.33 326,939.18 326,958.51 56.00
TexPool $1.7M TX Leverage 6.234% 19.25 19.25 19.25 0
TexPool $2.OM 00 Bond 0.004% 29,435.95 29,437.37 29,438.87 4.12
TexPool Central Deposit 0.005% 2,271,743.25 2,011,592.08 1,731,971.68 297.79
TOTAL INVESTM ENT POOLS 2,659,485.40 2,399,355.79 2,119,758.59 364.90
MONTHLY BALANCES VVEI LSFARGO
Bank Account Name Interest Rate April 2015 May 2015 June 2015 Interest Earned
Wellsfargo Consolidated Cash N/A 1,359,819.33 1,370,875.37 1,415,620.01 -
Wellsfargo Payroll Gearing 0.04 0/6-0.05°` 136,625.92 36,722.51 (26.42) 2.02
Wellsfargo Section 125 Rex 0.04 0/6-0.05°` 25.93 25.93 25.93 0.77
Wellsfargo Employee Health Benefit Trust N/A 10.08 10.37 10.60 -
TOTAL WB_LEFARGO 1,496,481.26 1,407,634.18 1,415,630.12 2.79
TOTAL MONTHLY BALANCES ALL 4,155,966.66 3,806,989.97 3,535,388.71 367.69
TRANS4,CII ON ACTIVITY-I NVESTM BUTS Balance Balance
Investment Pool Account Name 4/1/2015 Deposits VUthdrawls Interest 6/30/2015
Texas Daily Consolidated Cash 31,363.29 6.99 31,370.28
TeX3ar Consolidated Cash 326,902.51 56.00 326,958.51
TexPool $1.7M TX Leverage 19.25 - 19.25
TexFbol $2.OM 00 Bond 29,434.75 - 4.12 29,438.87
TexPool Central Deposit 2,698,643.53 769,672.07 (1,736,641.71) 297.79 1,731,971.68
TOTAL INVESTM ENT POOLS 3,086,363.33 769,672.07 (1,736,641.71) 364.90 2,119,758.59
TRANS4,CIION ACTIVITY-VVELLSFARGO Balance Balance
Bank Account Name 4/1/2015 Deposits V\fthdrawls Interest 6/30/2015
Wellsfargo Consolidated Cash 1,657,492.81 3,183,778.40 (3,425,651.20) - 1,415,620.01
Wellsfargo Payroll Gearing 44,795.95 811,402.77 (856,227.16) 2.02 (26.42)
Wellsfargo Section 125 Rex 25.93 5,092.68 (5,092.68) - 25.93
Wellsfargo Employee Health Benefit Trust 9.83 116,900.56 (116,900.56) 0.77 10.60
TOTALWEIISFARG0 1,702,324.52 4,117,174.41 (4,403,871.60) 2.79 1,415,630.12
CASH BREAKDOWN BY FUND April 2015 May 2015 June 2015
01-General Fund 2,152,030.36 1,896,871.21 1,717,010.76
02-Debt Service Fund 126,864.52 85,874.92 125,698.51
04-Capital Project Fund 42,610.60 43,675.57 49,300.83
05-Capital Feplacement Fund 28,012.42 31,803.92 8,424.66
07-Storm Drainage Utility Fund 39,151.18 53,642.35 63,632.52
10-Water/Sewer Fund 328,010.71 323,801.36 74,427.02
12-(hurt Security Fund (44,514.35) (51,627.10) (24,070.38)
13-Capital Bond Fund (109,789.66) (142,214.96) (142,214.95)
14-Park Dedication Fund 34,233.63 34,291.65 34,381.59
15-Economic Development Fund 67,823.68 77,247.37 107,892.24
16-Court Technology Fund 10,010.59 9,740.00 10,164.35
17-Streets Improvement Fund 566,877.66 532,287.23 595,888.88
18-J ivenile Case Manager Fund 32,962.26 31,881.60 30,825.42
19-EDC413 Capital Bond Fund 29,435.95 29,437.37 29,438.87
21--1F#1 New Hope Fund 1,112.41 1,112.44 1,129.86
31-Police Seizure Fund 5,285.18 5,285.33 5,285.48
32-Library Building Fund 9,593.63 9,772.40 9,964.77
34-LEOSE Fund 1,803.34 1,803.39 1,803.44
41-Park Development Fund 42,575.71 36,614.95 38,941.20
45-Fbadway Impact Fee Fund 309,795.90 320,495.93 321,841.10
61-Water Impact Fee Fund 236,269.21 231,389.46 231,395.82
62-Sewer Impact Fee Fund 56,090.05 54,076.30 54,077.78
65-Water Improvement Fund 0.16 0.16 0.16
83-Tree Feforestation Fund 67,787.53 67,789.55 67,791.41
85-Unclaimed Property Fund 1,990.24 1,990.24 1,990.24
95-®CFbserve Fund 119,943.75 119,947.33 119,950.63
TOTALALLFUNDS 4,155,966.66 3,806,989.97 3,534,972.21
M ain Aomunts Other Aomunts
2,500,000.00 '� 350,000.00
300,000.00 )2015 2,000,000.00 250,000.00
1,500,000.00 re 200,000.00 _ m$2.OM OJBond
(bntral Deposit 150,000.00 - wFayroll Clearing 1,000,000.00 aWellsfargo 100,000.00 oTexasDaily
500,000.00 50,000.00 r TexStar
April May June (50,000.00)
2015 2015 2015 2015
2015
HoldingAaoounts Distribution of Money
30.00 0
25.00
20.00 u$1.7M TX Leverage
■Texas Daily
15.00 _
10.00 u Section 125 Flex ■Texaar
TexFbol
5.00 -1 Employee Health 49.8 ■TexPbor
go
- Benefit Trust
April May
2015 2015 June
2015
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) - C.
I. Subject:
Discuss and approve a contract with Simple Recycling and authorize the City Manager to sign the
agreement
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
Keep Kennedale Beautiful Commission met with Sonny Wilkins, Simple Recycling to discuss additional
recycling options available to city residents for recycling textiles and appliances which are currently not
allowed under the contract with Progressive Waste. The attached brochure gives a brief overview of the
recycling program being offered. This program is made available free of charge to residents and the city.
The company, Simple Recycling is based in Ohio and has also been in operation in Michigan and the
Houston Texas area for the last three years. The City of Plano, Richardson, Duncanville, and Haltom City
are all considering this as an additional recycling option. Simply Recycling will provide home owners with
specifically marked bags that can be filled and left curbside one day each month. The home owner will
call for pick up and a truck will pick up the items left at the curb, leaving another bag for a future use. The
pickup day will always coincide with the Wednesday trash day once per month. Simple Recycling covers
all the costs of the program, including providing marketing materials to residents which details the
program. Simple Recycling does request that the city sign a four year agreement. This agreement assists
them in recovering their start-up required with each new program city. With implementation of this service
only about 5% of the products collected end up in the landfill. A portion of the items collected are sold in
resale stores (Value Village in Houston), portions are shipped for use internationally, and some are
recycled into new products/materials.
Mr. Wilkins and members of KKB are present to answer any questions you may have about the program.
The contract is attached and has been provided and reviewed by the City Attorney. Should this program
be approved, KKB will work with Simple Recycling to roll it out to residents January 2016 at the latest.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) - D.
I. Subject:
Discuss and consider approval of Ordinance 578 amending the FY 2014-15 budget
II. Originated by:
III. Summary:
The purpose of this budget amendment is to ensure that we are in compliance with budgetary guidelines.
Generally, staff completes two budget amendments each year, if necessary. The first budget amendment
occurs in mid-fiscal year, and the second occurs after the end of the fiscal year to align with the result of
the audit. We did not find it necessary to bring forth a mid-fiscal year amendment to Council for the
FY14/15 budget. However, we do find it necessary to bring forth a year end amendment, and it must be
adopted prior to final acceptance of the FY 14/15 audit.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 578 JOrdinance 578.doc
P. ORD. 578 EXHIBIT A- BUDGET AMENDMENT 14-15 BUDGET AMENDMENT. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 578
AN ORDI NANCE OF TH E CI TY OF KENNEDALE, TEXAS AM ENDI NG
THE BUDGET OF THE CITY OF KENNEDALE, TEXAS; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING FOR SEVERABI LI TY; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVI DING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas Fiscal Year 2014-2015 Budget was adopted
within the ti me and in the manner required by State Law; and
WHEREAS, the City Council of the City of Kennedale, Texas hereby finds and
determines that it is prudent to amend specific line items due to unforeseen situations that have
occurred in the City and impacted those line items; and
WHEREAS, the City Council of the City of Kennedale, Texas further finds that the
amendments, as set forth in Exhibit "A," will serve in the public interest and are necessary to
support City operations; and
WHEREAS, the City Council of the City of Kennedale, Texas finds and determines that
the change in the Budget for the stated municipal purpose serves best interests of the taxpayers,
i s necessary and warrants acti on at thi s ti me;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for al I purposes.
SECTION 2.
The City of Kennedale, Texas, Fiscal Year 2014-2015 Budget is hereby amended to fund
the line items as stated in Exhibit "A." This Amendment No. 1 (Exhibit "A") to the Original
Budget of the City of Kennedale, Texas, for the Fiscal Year 2014-2015 shall be attached to and
made part of the Original Budget by the City Secretary and shall be filed i n accordance with
State Law. This Ordinance is hereby adopted and shall constitute the first budget amendment
that has occurred since the October 1, 2014 effective date of the City's Fiscal Year 2014-2015
Budget.
SECTION 3.
That this Ordinance shall be cumulative of all other Ordinances of the City affecting the
Fiscal Year 2014-2015 Budget of the City and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the City of Kennedale, codified or uncodified, not in
conflict with the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
appl i cati on thereof to any person or ci rcumstance, i s hel d i nval i d or unconsti tuti onal by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the City Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5.
The City Secretary of the City of Kennedale is hereby directed to engross and enroll this
Ordinance in the Ordinance records of the City and to properly record this Ordinance in
accordance with the City Charter.
SECTION 6.
This Ordinance shall take effect from and after its date of passage in accordance with
I aw, and i t i s so ordai ned.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 21 st day of September 2015.
APPROVED:
Mayor, Brian Johnson
ATTEST:
L esl i e Gal I oway, Ci ty Secretary
aTY CF KENNEDALE
FY 14-15 BUDGETAM BNDM ENT#1
OFDINANCE578 DWISTA
September 21,2015
ORGINAL AMENDED
FUND/ACCOUNTNUMBER ACCOUNTNAME DEPARTMENT BUDGET BUDGET DIFFERENCE B41ANATION
GBNE7ALRJND
ITSJPPORT WASBUDCETED V ITH RNANCE
PE;SCNNE_COSTS I N FY15 BUDGET VU TH
BgECTATI ON THAT WOULD HI FE CHRSDI D NOT
01-5569-90-00 ITSJPPORT NONDEPARTMENTAL 1,200 126,500 125,300 HAPPEN AND HAVETOCOR;ECTBUDGET
REvT OVE IT COSTS NOT SOBNT ON CONSJLTANT,PAY
01-5101-07-01 S4LARE.S FINANCE 223,540 163,540 (60,000)INCFEASS
FUND NECO,TIVE BALANCE IN CAP FEFLACEv1 ENT
01-5702-90-00 TRANSEROLTF-CAP FEFLACEv1 ENNONDERARTMENTAL - 28,185 28,185 FUND
01-4081-00-00 SALBSTAX FEVENUE (1,004,372) (1,117,857) (113,485)BALANCE IT/R NANCE&DEBT 93:Z\ACEAMENDMENT
01-5702-90-00 TRANSFER0UT-DE3TEBWCE NONDIEFARTMBVTAL - 20,000 20,000
(779,632) (779,632) -
DEBTSBZVICE
CoVHRAM CUNT NOTABLE TO TPANST3R FROM
02-4906-00-00 TRANSERIN-CEIBRALFUND DESTS3RACE - (20,000) (20,000)CARTALR:70 :TS
AM CUNT NOTABLE TOlRP NS931;E[:)FROM CAPITAL
02-4960-00-00 lRANSE2IN-PIRaE{."TSFUND DESTS3RACE (76,001) (56,001) 20,000 PIRaE{."TS
(76,001) (76,001) -
EDC4B
15-5565-01-00 LB24LS3RACBS ADM INISTRRATION 1,000 9,700 8,700 UNBUDCETED CCSTS
15-5570-01-00 SPECIALS3RACBS ADMINISTRATION 72,600 87,600 15,000 UNBUDCETED COSTS
15-5580-01-00 BNGINEERINGE WCE.S ADMINISTRATION 1,000 11,000 10,000 UNBUDCETED CCSrS
15-5615-01-00 FUNCTIONALGRANT ADMINISTRATION - 37,744 37,744 UNBUDCETED COSTS
15-5800-01-00 LAND ADMINISTRATION - 20,887 20,887 UNBUDC-ETED COSTS
15-5646-01-03 2011$1.7M TXLEVEPAGE PRNaP DEBT S3RACE 54,171 37,147 (17,024)OVB;BUDGErED
15-5847-03-00 CONSTRJCTION TWMI CENTER DB/B-OF 30,000 - (30,000)OJMPIJ rEINNBCrYEAR/FEBUDCtrE3
15-5800-04-00 LAND TBXASLEVBPACEPIRDCf 150,000 110,000 (40,000)UNSPENT M ONEY/FEBUDGErED I N NBCfYEAR
15-5595-01-00 ADM INCHAFUE-CEIBRALFUND ADMINISTPATICtN 90,167 84,860 (5,307)RNLANCEOUTAD-USTMBNTS
398,938 398,938
WATER/S9NE2
10-5635-90-00 DB4EaA-nCN DFBVg NMDEPARTMBVTAL 506,441 506,441 CART4LA=DB4EaA-nCN PER9CFiB3ULE
CAPITAL FEP ACEMENTRJND
RJND NECO,l1VE BALANCE IN CAP FU:LACBv1 ENT
05-4906-00-00 lRANSHRIN-CE1BRALRJND N/A - (28,185) (28,185)RJND
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REQUIRED APPROVAL ITEMS-A.
I. Subject:
DISCUSS AND CONSIDER AN ORDINANCE 574 OF THE CITY OF KENNEDALE, TEXAS ADOPTING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER
30, 2016; AMENDING BUDGET FIGURES FOR THE PRIOR FISCAL YEAR BEGINNING OCTOBER 1,
2014, AND ENDING SEPTEMBER 30, 2015; APPROPRIATING RESOURCES FOR EACH
DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND OTHER
EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND EXPENDITURES AS
ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR THE FILING OF THE BUDGET AS
REQUIRED BY STATE LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE
II. Originated by:
Finance Director, Director of Finance & IT
III. Summary:
According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget
shall be prepared to cover the proposed expenditures of the municipal government for the succeeding
year. The proposed budget must be filed with the municipal clerk for public inspection, and a public
hearing conducted on the budget with special notice published in relation to the budget hearing. At the
conclusion of the public hearing, the governing body of the municipality shall take action on the proposed
budget (or table it for adoption at a later meeting), and it may make any changes in the budget that it
considers warranted by the law or by the best interest of the municipal taxpayers. A vote to adopt the
budget under this Chapter is in addition to and separate from the vote to set the tax rate required by
Chapter 26, Tax Code, or other law. The following timetable represents key dates during which notices
were published and meetings were conducted:
key dates during which notices were published and meetings were conducted:
08/7/15 Provide Effective Tax Rate & Schedules To Council
08/7/15 Hold Council FY15/16 Budget Retreat
08/7/15 Vote To Place Proposal For Tax Increase On Future Agenda
08/28/15 Publish Notice of Public Hearing On Budget
08/28/15 Publish Notice of Tax Rates
09/7/15 Hold Public Hearing On Budget
1st Public Hearing On Tax Increase
09/17/15 2nd Public Hearing On Tax Increase
09/21/15 Adopt Budget, Adopt Tax Rate, Ratify Budget
Exhibit A represents a brief summary of the budget. A full softcopy version will be made available online
at the City's website beginning October 1, 2015.
IV, Fiscal Impact Summary:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1 ORDINANCE 574 TO ADOPT FY15-16 BUDGE Ordinance 574 To Adopt FY2015-16 Budget.doc
2. JORD. 574 EXHIBIT A- BUDGET SUMMARY JORD. 574 EXHIBIT A- BUDGET SUMMARY.pd
ORDINANCE NO. 574
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS ADOPTING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014,
AND ENDING SEPTEMBER 30, 2015; AMENDING BUDGET FIGURES
FOR THE PRIOR FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND
ENDING SEPTEMBER 30, 2015; APPROPRIATING RESOURCES FOR
EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE,
ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR
EMERGENCY EXPENDITURES AND EXPENDITURES AS ALLOWED BY
APPLICABLE STATE LAW; PROVIDING FOR THE FILING OF THE
BUDGET AS REQUIRED BY STATE LAW; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, is a home rule city acting under its charter adopted by
the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Manager of the City has filed with the City Secretary a budget
outlining all proposed expenditures of the Government of the City for the fiscal year beginning
October 1, 2014, and ending September 30, 2015, (hereinafter referred as the "Budget"); and
WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes, specifically sets forth each of the various projects for which
appropriations are delineated, and the estimated amount of money carried in the Budget for each of
such projects; and
WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days
before the date the City Council makes its tax levy for the fiscal year and such Budget has been
available for inspection by any taxpayer; and
WHEREAS, the public notice of public hearings on the proposed Budget, stating the date,
time, place and subject matter of said public hearings, was given as required by the laws of the State
of Texas; and
WHEREAS, such public hearings were held on September 9, 2015, prior approval of such
date being hereby ratified and confirmed by the City Council, and those wishing to speak on the
Budget were heard; and
WHEREAS, the City Council has studied the Budget and listened to the comments of the
taxpayers at the public hearings held thereon and has determined that the Budget attached hereto is
in the best interest of the City and that same should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE TEXAS, THAT:
SECTION 1. All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2. The Budget as set forth in Exhibit "A," of the revenue of the City and the
expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2014 and
ending September 30, 2015, is hereby adopted and approved, and there is hereby appropriated from
the funds indicated therein such sums for the projects, operations, activities, purchases, accounts
and other expenditures proposed in the Budget.
SECTION 3. That the revised figures, prepared and submitted by the City Manager for the
prior fiscal year beginning October 1, 2014 and ending September 30, 2015, be, and the same are
hereby, in all things, approved and appropriated, and any necessary transfers between accounts and
departments are hereby authorized, approved and appropriated.
SECTION 4. No expenditure of the funds of the City of Kennedale shall hereafter be made
except in compliance with the budget and applicable state law; provided, however, that in case of
grave public necessity to meet unusual and unforeseen conditions, which could not by reasonable,
diligent thought and attention have been include in the original budget, may from time to time be
authorized by the City Council as amendments to the original Budget.
SECTION 5. The City Manager shall file or cause to be filed a true and correct copy of this
ordinance, along with the approved Budget attached hereto, with the City Secretary. The City
Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the
approved Budget attached hereto, and any amendments thereto, in the office of the County Clerk of
Tarrant County, Texas, as required by State law.
SECTION 6. Any and all ordinances, resolutions, rules, regulations, policies or provisions
in conflict with the provisions of this ordinance are hereby repealed and rescinded to the extent of
conflict therewith.
SECTION 7. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8. That this ordinance be in full force and effect from and after its adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 21st day of September, 2015.
APPROVED:
MAYOR, BRIAN JOHNSON
ATTEST:
LESLIE GALLOWAY, CITY SECRETARY
CITY OF KENNEDALE, TEXAS
ANNUAL PROGRAM OF SERVICES
EMPLOYEE COUNT BY FUND
FYI 3-14 FY14-15 FYI 4-15 FY14-15 FYI 4-15 FY15-16 CY - PY
PERSONNEL ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
CITY MANAGER 2.00 2.00 2.00 2.00 2.00 2.00 -
CITY SECRETARY 1.00 1.00 1.00 1.00 1.00 1.00 -
MUNICIPAL COURT 3.00 3.00 3.00 3.00 3.00 2.00 (1.00)
HUMAN RESOURCES 1.00 1.00 1.00 1.00 1.00 1.00 -
FINANCE 2.00 3.00 3.00 2.00 2.00 3.00 -
POLICE 21.00 21.00 21.00 21.00 21.00 22.00 1.00
FIRE 17.00 17.00 17.00 17.00 17.00 17.00 -
COMMUNITY DEVELOPMENT 4.00 4.00 4.00 3.00 4.00 4.00 -
LIBRARY 3.00 3.00 3.00 3.00 3.00 3.00 -
GENERAL FUND 54.00 55.00 55.00 53.00 54.00 55.00
UTILITY BILLING 1.00 1.00 1.00 1.00 1.00 1.00 -
WATER OPERATIONS 7.00 7.00 7.00 8.00 8.00 10.00 3.00
WATER/SEWER FUND 8.00 8.00 8.00 9.00 9.00 11.00 3.00
STREET IMPROVEMENT FUND 6.00 6.00 6.00 5.00 5.00 6.00 -
STREET IMPROVEMENT FUND 6.00 6.00 6.00 5.00 5.00 6.00
EDC413 FUND - - - - - - -
EDC413 FUND - - - - - - -
FULL-TIME EMPLOYEE COUNT 68.00 69.00 69.00 67.00 68.00 72.00 3.00
PART-TIME (EXCLUDES FIREFIGHTERS) 4.00 4.00 4.00 5.00 4.00 4.00 -
TEMPORARY/SEASONAL 6.00 6.00 6.00 5.00 5.00 5.00 (1.00)
TOTAL EMPLOYEE COUNT 78.00 79.00 79.00 77.00 77.00 81.00 2.00
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE, TEXAS
ANNUAL PROGRAM OF SERVICES
FULL-TIME EQUIVALENT(FTE) BY FUND
FYI 3-14 FY14-15 FYI 4-15 FY14-15 FYI 4-15 FY15-16 CY- PY
PERSONNEL ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
CITY MANAGER 2.00 2.00 2.00 2.00 2.00 2.00 -
CITY SECRETARY 1.00 1.00 1.00 1.00 1.00 1.00 -
MUNICIPAL COURT 3.00 3.00 3.00 3.00 3.00 2.00 (1.00)
HUMAN RESOURCES 1.00 1.00 1.00 1.00 1.00 1.00 -
FINANCE 2.00 3.00 3.00 2.00 2.00 3.00 -
POLICE 21.00 21.00 21.00 21.00 21.00 22.00 1.00
FIRE 17.00 17.00 17.00 17.00 17.00 17.00 -
COMMUNITY DEVELOPMENT 4.00 4.00 4.00 3.00 4.00 4.00 -
LIBRARY 3.00 3.00 3.00 3.00 3.00 3.00 -
GENERAL FUND 54.00 55.00 55.00 53.00 54.00 55.00
UTILITY BILLING 1.00 1.00 1.00 1.00 1.00 1.00 -
WATER OPERATIONS 7.00 7.00 7.00 8.00 8.00 10.00 3.00
WATER/SEWER FUND 8.00 8.00 8.00 9.00 9.00 11.00 3.00
STREET IMPROVEMENT FUND 6.00 6.00 6.00 5.00 5.00 6.00 -
STREET IMPROVEMENT FUND 6.00 6.00 6.00 5.00 5.00 6.00
EDC413 FUND - - - - - - -
EDC413 FUND - - - - - - -
FULL-TIME EQUIVALENTS(FTE) 68.00 69.00 69.00 67.00 68.00 72.00 3.00
PART-TIME (EXCLUDES FIREFIGHTERS) 1.75 2.50 2.50 2.50 2.50 1.75 (0.75)
TEMPORARY/SEASONAL 4.50 4.50 4.50 4.50 4.50 3.75 (0.75)
TOTAL FULL-TIME EQUIVALENTS(FTE) 74.25 76.00 76.00 74.00 75.00 77.50 1.50
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE, TEXAS
ANNUAL PROGRAM OF SERVICES
REVENUE AND EXPENDITURE SUMMARY BY FUND
FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CY - PY
REVENUES ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
GENERAL FUND 5,789,569 5,577,828 5,767,953 4,776,811 5,912,457 5,987,717 219,764
CAPITAL REPLACEMENT FUND 168,229 157,007 157,007 37,678 97,307 167,280 10,273
COURT TECHNOLOGY FUND 6,996 7,151 7,151 3,938 5,903 6,103 (1,048)
COURT SECURITY FUND 76,400 85,275 85,275 37,052 83,915 5,360 (79,915)
STREET IMPROVEMENT FUND 871,381 858,911 858,911 849,158 1,157,881 958,224 99,313
JUVENILE CASE MANAGER FUND 9,100 9,204 9,204 5,429 8,205 9,204 -
PARK REC/OTHER DONATION FUND 6,034 4,506 4,506 1,884 4,510 4,510 4
TREE REFORESTATION FUND 11 9 9 14 18 18 9
UNCLAIMED PROPERTY FUND - - - - - - -
GENERAL FUND 6,927,720 6,699,891 6,890,016 5,711,964 7,270,196 7,138,416 248,400
GENERAL DEBT SERVICE FUND 1,346,497 1,359,183 1,359,183 1,224,363 1,393,601 1,403,111 43,928
WATER/SEWER FUND 3,342,676 3,477,955 3,477,955 1,821,712 3,357,258 5,672,328 2,194,373
STORMWATER UTILITY FUND 183,856 265,525 265,525 121,863 159,647 247,825 (17,700)
WATER IMPACT FUND 267,961 116,010 116,010 124,532 166,034 116,040 30
SEWER IMPACT FUND 51,628 6,682 6,682 29,735 32,010 6,682 -
WATER IMPROVEMENT FUND - - - - - - -
WATER/SEWER FUND 3,846,121 3,866,172 3,866,172 2,097,842 3,714,949 6,042,875 2,176,703
EDC413 FUND 1,536,017 901,669 901,669 363,843 592,030 911,996 10,327
EDC413 CAPITAL BOND FUND 18 20 20 8 12 15 (5)
EDC413 BOND RESERVE FUND 19 16 16 26 30 25 9
EDC413 FUND 1,536,054 901,705 901,705 363,877 592,072 912,036 10,331
CAPITAL PROJECTS FUND 78,261 76,001 76,001 43,676 55,078 76,004 3
CAPITAL BOND FUND 115,058 1,037,264 1,037,264 105,288 617,594 988,086 (49,178)
PARK DEDICATION FUND 880 91,972 91,972 257 48,858 33,604 (58,368)
LIBRARY BUILDING FUND 3,785 3,133 3,133 2,038 3,133 3,133 -
ROADWAY IMPACT FEE FUND 115,141 40,260 40,260 58,246 85,080 40,280 20
CAPITAL FUND 313,125 1,248,630 1,248,630 209,505 809,743 1,141,107 (107,523)
TIF#1 (NEW HOPE) FUND - - - - 100,000 125,000 125,000
HOTEL/MOTEL TAX FUND - - - - - - -
POLICE SEIZURE FUND 10,153 1 1 4,872 4,872 1
LEOSE FUND 1,808 1,800 1,800 1,795 1,795 1,800 -
SPECIAL REVENUE FUND 11,961 1,801 1,801 6,667 106,667 126,801 125,000
TOTAL REVENUES $13,981,478 $14,077,382 $14,267,507 $9,614,218 $13,887,228 $16,764,346 $ 2,496,839
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE, TEXAS
ANNUAL PROGRAM OF SERVICES
REVENUE AND EXPENDITURE SUMMARY BY FUND
FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CY- PY
EXPENDITURES ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
GENERAL FUND 5,516,470 5,825,823 5,939,308 3,599,249 5,744,342 6,259,193 319,885
CAPITAL REPLACEMENT FUND 22,408 267,370 267,370 167,991 267,370 167,280 (100,090)
COURT TECHNOLOGY FUND 2,411 10,711 10,711 5,861 9,861 16,086 5,375
COURT SECURITY FUND 78,878 85,275 83,300 51,239 73,932 1,558 (81,742)
STREET IMPROVEMENT FUND 1,051,793 905,676 905,676 473,115 862,040 1,126,538 220,862
JUVENILE CASE MANAGER FUND 2,137 30,939 30,939 12,494 19,979 11,352 (19,587)
PARK REC/OTHER DONATION FUND - - - - - -
TREE REFORESTATION FUND 3,414
UNCLAIMED PROPERTY FUND - - - - - - -
GENERAL FUND 6,677,511 7,125,794 7,237,304 4,309,949 6,977,524 7,582,007 344,703
GENERAL FUND DEBT SERVICE 1,367,477 1,343,108 1,343,108 1,138,487 1,343,106 1,363,867 20,759
WATER/SEWER FUND 3,615,705 4,554,238 5,060,679 2,626,412 4,695,060 6,093,228 1,032,549
STORMWATER UTILITY FUND 29,025 572,227 572,227 291,026 315,478 264,273 (307,954)
WATER IMPACT FUND 181,085 174,916 174,916 - 174,916 171,200 (3,716)
SEWER IMPACT FUND 29,115 22,396 22,396 22,396 - (22,396)
WATER IMPROVEMENT FUND - - - - - - -
WATER/SEWER FUND 3,854,930 5,323,777 5,830,218 2,917,438 5,207,850 6,528,701 698,483
EDC413 FUND 754,197 748,713 748,713 475,271 709,721 686,842 (61,871)
EDC413 CAPITAL BOND FUND - 25,000 25,000 - - 25,000
EDC413 BOND RESERVE FUND - - - - - -
EDC4B FUND 754,197 773,713 773,713 475,271 709,721 711,842 (61,871)
CAPITAL PROJECTS FUND 78,558 760,001 76,001 - 52,000 76,001
CAPITAL BOND FUND 78,069 1,080,625 1,080,625 284,619 587,416 1,080,625
PARK DEDICATION FUND 350 - - 36 36 -
LIBRARY BUILDING FUND - 2,000 2,000 952 2,000 2,000
ROADWAY IMPACT FEE FUND - 178,843 178,843 - 100,000 125,000 (53,843)
CAPITAL FUND 156,977 2,021,469 1,337,469 285,607 741,452 1,283,626 (53,843)
TIF#1 (NEW HOPE) FUND - 180,000 180,000 - 100,000 125,000 (55,000)
HOTEL/MOTEL TAX FUND - - - -
POLICE SEIZURE FUND - - - - -
LEOSE FUND 1,800 1,800 1,800 1,800 1,800
SPECIAL REVENUE FUND 1,800 181,800 181,800 101,800 126,800 (55,000)
TOTAL EXPENDITURES $12,812,892 $16,769,661 $16,703,612 $9,126,752 $15,081,453 $17,596,843 $ 893,231
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
EXPENDITURE SUMMARY BY DEPARTMENT
FY12-13 FY13-14 FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CY-PY
GENERAL FUND ACTUAL BUDGET ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
CITY MANAGER 285,121 271,723 250,352 381,920 281,920 166,190 278,530 293,578 11,658
MAYOR/CITY COUNCIL 87,054 82,188 66,666 94,106 94,106 34,749 74,699 88,576 (5,530)
CITY SECRETARY 148,162 144,973 126,270 148,344 148,344 65,519 133,148 135,924 (12,420)
MUNICIPAL COURT 151,868 152,174 152,512 138,817 138,817 80,508 129,806 157,745 18,928
HUMAN RESOURCES 109,038 97,522 97,366 117,842 117,842 73,305 117,872 124,565 6,723
FINANCE 274,159 274,810 280,105 420,399 360,399 235,466 359,246 323,931 (36,468)
POLICE 1,807,642 1,956,721 1,939,791 2,052,194 2,052,194 1,276,889 2,009,966 2,245,833 193,639
FIRE 1,603,892 1,615,924 1,549,873 1,648,768 1,648,768 1,085,037 1,638,397 1,728,014 79,246
COMMUNITY DEVELOPMENT 308,833 302,659 324,902 382,427 382,427 198,421 361,782 439,480 57,053
SENIOR CITIZEN CENTER 50,919 53,308 45,622 54,109 54,109 26,872 49,709 54,077 (32)
LIBRARY 215,265 243,446 222,711 229,090 229,090 135,492 221,498 239,080 9,990
NONDEPARTMENTAL 505,041 372,851 460,299 257,807 431,292 221,464 421,087 428,392 (2,900)
TOTAL EXPENDITURES $5,546,995 $5,568,299 $5,516,469 $5,925,823 $5,939,308 $3,599,912 $5,795,740 $6,259,195 $ 319,887
FY12-13 FY13-14 FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CY-PY
WATER/SEWER FUND ACTUAL BUDGET ESTIMATE PROPOSED AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
UTILITY BILLING 1,099,982 1,106,645 1,301,188 1,346,157 1,346,157 669,938 1,353,927 1,360,981 14,824
WATER OPERATIONS 907,987 1,293,991 865,190 1,781,412 1,781,412 1,016,572 1,946,799 3,156,143 1,374,731
DEBT 190,513 286,746 193,497 504,100 504,100 443,926 504,100 505,473 1,373
NONDEPARTMENTAL 1,200,095 893,228 1,255,830 922,569 1,429,010 495,976 890,233 1,070,631 (358,379)
TOTAL EXPENDITURES $3,398,578 $3,580,611 $3,615,705 $4,554,238 $5,060,679 $2,626,412 $4,695,059 $6,093,228 $1,032,549
FY12-13 FY13-14 FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16 CY-PY
STREET IMPROVEMENT FUND ACTUAL BUDGET ESTIMATE PROPOSED AMENDED YTD MAY ESTIMATE PROPOSED CHANGE
STREETS 647,403 775,625 967,121 828,676 828,676 417,566 769,040 1,042,538 213,862
PARKS MAINTENANCE 90,820 72,000 84,672 77,000 77,000 55,549 93,000 84,000 7,000
TOTAL EXPENDITURES $ 738,223 $ 847,625 $1,051,793 $ 905,676 $ 905,676 $ 473,115 $ 862,040 $1,126,538 $ 220,862
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
FUND BALANCE SUMMARY
FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16
FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE BUDGET
GENERAL FUND 18.8% 13.5% 14.1% 61.5% 20.3% 14.4%
CAPITAL REPLACEMENT FUND 758.9% 22.3% 22.3% 23.7% 0.0% 0.0%
COURT TECHNOLOGY FUND 842.2% 18.8% 156.3% 313.6% 165.8% 39.6%
COURT SECURITY FUND -5.8% 0.0% -3.2% -36.7% 2.3% 359.3%
STREET IMPROVEMENT FUND 2.6% 6.1% -2.2% 85.2% 37.5% 13.7%
JUVENILE CASE MANAGER FUND 1399.8% 36.0% 26.4% 182.8% 90.8% 140.8%
PARK REC/OTHER DONATION FUND N/A N/A N/A N/A N/A N/A
TREE REFORESTATION FUND 1984.5% N/A N/A N/A N/A N/A
UNCLAIMED PROPERTY FUND N/A N/A N/A N/A N/A N/A
GENERAL FUND 19.5% 13.3% 294.8% 64.2% 23.3% 15.6%
GENERAL DEBT SERVICE FUND 5.2% 2.9% 6.5% 13.8% 9.0% 11.8%
WATER/SEWER FUND* 39.9% 8.0% -2.8% 24.2% 2.2% -5.2%
STORMWATER UTILITY FUND 1804.4% 37.9% 37.9% 121.8% 116.6% 133.0%
WATER IMPACT FUND 59.0% 27.4% 27.4% N/A 56.0% 25.0%
SEWER IMPACT FUND 83.6% 38.5% 38.5% N/A 151.6% N/A
WATER IMPROVEMENT FUND N/A N/A N/A N/A N/A N/A
WATER/SEWER FUND 40.2% 9.8% 91.4% 43.7% 11.67. 1.8%
EDC4BFUND 30.1% 50.7% 50.7% 24.3% 15.4% 48.7%
EDC4B CAPITAL BOND FUND N/A 17.8% 17.8% N/A N/A 17.8%
EDC4B BOND RESERVE FUND N/A N/A N/A N/A N/A N/A
EDC4B FUND 53.0% 70.8% -814.7% 55.7% 43.3% 71.3%
CAPITAL PROJECTS FUND 0.0% 0.0% 0.0% N/A 59.0% 4.1%
CAPITAL BOND FUND 86.5% 2.2% 2.2% -39.3% 16.6% 0.5%
PARK DEDICATION FUND 168.5% N/A N/A 2253.0% 137255.0% N/A
LIBRARY BUILDING FUND N/A 283.8% 518.3% 1084.3% 518.3% 574.9%
ROADWAY IMPACT FEE FUND N/A 69.1% 69.1% N/A 247.3% 130.1%
CAPITAL FUND 45.8% 19.1% -465.8% 92.37. 55.0% 20.7%
TIF#1 (NEW HOPE)FUND N/A -100.0% -100.0% N/A 0.0% N/A
HOTEL/MOTEL TAX FUND N/A N/A N/A N/A N/A N/A
POLICE SEIZURE FUND N/A N/A N/A N/A N/A N/A
LEOSE FUND 0.5% 0.5% 0.5% N/A 0.2% 0.2%
SPECIAL REVENUE FUND 10.0% N/A N/A N/A N/A N/A
TOTAL FUNDS 28.2% 12.6% 256.1% 51.9% 19.6% 12.2%
*FUND BALANCE IN TERMS OF WORKING CAPITAL. REPRESENTS TOTAL NET POSITION.BALANCES WATER/SEWER FUND TO CAFR.
WATER/SEWER FUND
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
FUND BALANCE SUMMARY
FY13-14 FY14-15 FY14-15 FY14-15 FY14-15 FY15-16
FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE BUDGET
GENERAL FUND 1,034,852 786,857 863,497 2,212,414 1,172,966 901,490
CAPITAL REPLACEMENT FUND 170,063 59,700 59,700 39,750 - -
COURT TECHNOLOGY FUND 20,305 2,009 16,745 18,382 16,347 6,364
COURT SECURITY FUND (4,607) - (2,632) (18,794) 1,795 5,597
STREET IMPROVEMENT FUND 27,029 55,050 (19,736) 403,072 322,870 154,556
JUVENILE CASE MANAGER FUND 29,910 11,123 8,175 22,845 18,136 15,988
PARK REC/OTHER DONATION FUND 13,465 22,451 22,451 19,829 22,455 26,965
TREE REFORESTATION FUND 67,752 67,784 67,784 67,789 67,793 67,811
UNCLAIMED PROPERTY FUND 304 304 304 304 304 304
GENERAL FUND 1,359,073 1,005,278 1,016,288 2,765,591 1,622,666 1,179,075
GENERAL DEBT SERVICE FUND 70,741 33 47,900 156,617 60,004
WATER/SEWER FUND* 1,440,907 364,624 364,624 636,207 103,105 (317,795)
STORMWATER UTILITY FUND 523,725 217,023 217,023 354,563 367,894 351,446
WATER IMPACT FUND 106,857 47,951 47,951 231,389 97,975 42,815
SEWER IMPACT FUND 24,342 8,628 8,628 54,077 33,956 40,637
WATER IMPROVEMENT FUND - - - - - -
WATER/SEWER FUND 2,095,831 638,226 638,226 1,276,236 602,930 117,103
EDC4B FUND 226,740 379,696 379,696 115,313 157,927 383,081
EDC4B CAPITAL BOND FUND 29,429 4,449 4,449 29,437 29,441 4,456
EDC4B BOND RESERVE FUND 119,922 119,938 119,938 119,947 119,952 119,977
EDC4B FUND 376,091 504,083 504,083 264,697 307,320 507,514
CAPITAL PROJECTS FUND - - - 43,675 3,078 3,081
CAPITAL BOND FUND 67,567 24,206 24,206 (111,764) 97,745 5,206
PARK DEDICATION FUND 590 92,137 92,562 811 49,412 83,016
LIBRARY BUILDING FUND 9,232 5,676 10,365 10,319 10,365 11,498
ROADWAY IMPACT FEE FUND 262,249 123,666 123,666 320,495 247,329 162,609
CAPITAL FUND 339,638 245,685 250,799 263,536 407,929 265,410
TIF#1 (NEW HOPE)FUND - (180,000) (180,000) - - -
HOTEL/MOTEL TAX FUND - - - - - -
POLICE SEIZURE FUND 10,156 10,158 10,157 5,285 10,157 10,158
LEOSE FUND 8 8 8 1,804 3 3
SPECIAL REVENUE FUND 10,164 (169,834) (169,835) 7,089 10,160 10,161
TOTAL FUNDS 4,251,538 2,223,471 2,287,461 4,733,766 2,951,005 2,139,267
*FUND BALANCE IN TERMS OF WORKING CAPITAL. REPRESENTS TOTAL NET POSITION.BALANCES WATER/SEWER FUND TO CAFR.
WATER/SEWER FUND 10,902,541 10,162,943 9,859,821 10,131,403 9,598,302 9,177,402
"EXEMPLIFYING EXCELLENCE"
CITY OF KENNEDALE,TEXAS
ANNUAL PROGRAM OF SERVICES
REVENUE AND EXPENDITURE SUMMARY BY CATEGORY
AD CHARGE SURPLUS
VALOREM SALES/BEV FRANCHISE OTHER LICENSES/ FOR INVESIMENT MISC INTER- SALES/
REVENUES TAXES TAXES FEES AGENCY PERMITS FINES/FEES SERVICES EARNINGS INCOME GOV'T RENTALS TRANSFERS TOTAL
GENERALFUND 3,518,035 1,184,430 - 61,000 217,540 214,947 189,450 220 50,550 546,745 4,800 - $ 5,987,717
CAPITAL REPLACEMENT FUND - - - - - - - 5,000 100,000 - - - $ 105,000
COURT TECHNOLOGY FUND - - - - - 9,600 - 260 - - - - $ 9,860
COURT SECURITY FU ND - - - - - 5,360 - - - - - - $ 5,360
STREET IMPROVEMENT FUND - - 878,169 - - - - 55 80,000 - - - $ 958,224
JUVENILE CASE MANAGER HIND - - - - - 9,200 - 4 - - - - $ 9,204
PARK REC/OTHER DONATION FUND - - - - - - - 10 - - 4,500 - $ 4,510
TREE REFORESTATION FUND - - - - - - - 18 - - - - $ 18
UNCLAIMED PROPERTY FUND -
GENERAL DEBT SERVICE FUND 1,173,568 - - - - - - 24 - - - 229,520 $ 1,403,112
WATER/SEWER FUND - - - - - - 4,391,495 133 1,107,500 - 2000 171,200 $ 5,672,328
STORMWATERUTILTYFUND - - - - - 247,800 - 25 - - - - $ 247,825
WATER IMPACT FUND - - - - - 116,000 - 40 - - - - $ 116,040
SEWER IMPACT FUND - - - - - 6,680 - 2 - - - - $ 6,682
WATER IMPROVEMENT FUND - - - - - - - - -
EDC4BFUND 48,062 350,000 - - - - - 40 384,120 - 129,774 - $ 911,996
EDC4B CAPITAL BONDFUND - - - - - - - 15 - - - - $ 15
EDC4B BOND RESERVE FUND - - - - - - - 25 - - - - $ 25
CAPITAL PROJECTS FUND - - - - - - - 4 76,000 - - - $ 76,004
CAPITAL BOND FUND - - - - - - - - 988,086 - - - $ 988,086
PARK DEDICATION FUND - - - - - 33,600 - 4 - - - - $ 33,604
LIBRARY BUILDING FUND - - - - - - - 3 1,300 1,830 - - $ 3,133
ROADWAY IMPACT FEE FUND - - - - - 40,240 - 40 - - - - $ 40,280
TIT#1(NEW HOPE)FUND - - - - - - - - - - - 125,000 $ 125,000
HOTEL MOTEL FUND -
POLICESEIZUREFUND - - - - - - - 1 - - - - $ 1
LEOSE FUND 1,800 - $ 1,800
TOTAL REVENUES $4,739,665 $1,534,430 $ 878,169 $ 62,800 $ 217,540 $ 683,427 $4,580,945 $ 5,923 $2,787,556 $548,575 $ 141,074 $ 525,720 $16,705,824
EXPENDITURES PERSONNEL SUPPLIES MAINT SUNDRY DEBT TRANSFERS CAPITAL TOTAL
GENERALFUND 4,356,919 249,325 304,971 1,221,628 - 126,350 - - - - - - $ 6,259,193
CAPITAL REPLACEMENT FUND - - - - - - 299,880 - - - - - $ 299,880
COURT TECHNOLOGY FUND 7,700 - 5,940 - - - - - - - - - $ 13,640
COURT SECURITY FUND 1,558 - - - - - - - - - - - $ 1,558
STREET IMPROVEMENT FUND 414,094 35,975 493,700 145,869 - 36,900 - - - - - - $ 1,126,538
JUVENILE CASE MANAGER FUND 10,652 - - 700 - - - - - - - - $ 11,352
PARK DEDICATION FUND - -
TREE REFORESTATION FUND -
UNCLAIMED PROPERTY FUND -
GENERALDEBTSERVICEFUND - - - - 1,363,867 - - - - - - - $ 1,363,867
WATER/SEWER FUND 700,667 64,775 389,072 2788,042 505,473 - 1,645,200 - - - - - $ 6,093,229
STORMWATER UTILITY FUND - 1,000 22,000 141,273 - - 100,000 - - - - - $ 264,273
WATER IMPACT HIND - - - - - 171,200 - - - - - - $ 171,200
SEWER IMPACT FUND - - - - - - -
WATERIMPROVEMENTFUND - - - - - - -
EDC48FUND - 3,100 23,592 210,258 166,374 153,519 130,000 - - - - - $ 686,843
EDC4B CAPITAL BOND FUND - - - - - - - -
EDC4B BOND RESERVE FUND -
CAPITAL PROJECTS FUND - - - - - 76,001 - - - - - - $ 76,001
CAPITAL BOND FUND - - - - 73,416 - 1,037,209 - - - - - $ 1,110,625
PARK REC/OTHER DONATION FUND - - - - - -
LIBRARYBUILDINGFUND - - 2000 - - - - - - - - - $ 2,000
ROADWAY IMPACT FEE FUND - - - - - 125,000 - - - - - - $ 125,000
TIE#1(NEW HOPE)FUND - - - 125,000 - - - - - - - - $ 125,000
HOTEL MOTEL FUND - - - - -
POLICESEIZUREFUND - - - - -
LEOSE FUND 1,800 - $ 1,800
TOTAL EXPENDITURES $5,491,590 $ 354,175 $1,241,275 $4,634,570 $2,109,130 $ 688,970 $3,212,289 $ - $ - $ - $ - $ - $17,731,999
"EXEMPLIFYING EXCELLENCE"
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REQUIRED APPROVAL ITEMS- B.
I. Subject:
DISCUSS AND CONSIDER ORDINANCE 577 FIXING AND LEVYING MUNICIPAL AD VALOREM
TAXES FOR THE CITY OF KENNEDALE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2015 AND ENDING SEPTEMBER 30, 2016; DIRECTING THE ASSESSMENT AND COLLECTION
THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE CLAUSE
II. Originated by:
Finance Director, Director of Finance & IT
III. Summary:
According to the Texas Constitution and Property Tax Code, which both embody the concept of truth-in-
taxation, a municipality is required to comply with certain steps in adopting their tax rate in an effort to
make taxpayers aware of tax rate proposals and allow taxpayers, in certain cases, roll back or limit a tax
increase. A vote to set the tax rate required by Chapter 26, Tax Code, is in addition to and separate from
the vote to adopt the budget. The following timetable represents key dates during which notices were
published and meetings were conducted:
08/7/15 Provide Effective Tax Rate & Schedules To Council
08/7/15 Hold Council FY15/16 Budget Retreat
08/7/15 Vote To Place Proposal For Tax Increase On Future Agenda
08/28/15 Publish Notice of Public Hearing On Budget
08/28/15 Publish Notice of Tax Rates
09/7/15 Hold Public Hearing On Budget
1st Public Hearing On Tax Increase
09/17/15 2nd Public Hearing On Tax Increase
09/21/15 Adopt Budget, Adopt Tax Rate, Ratify Budget
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
Vote on tax rate must be a record vote.
REQUIRED WORDING FOR A MOTION BY A GOVERNING BODY TO SET THE TAX RATE:
I MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF
$0.767500, WHICH IS EFFECTIVELY A 3.24 PERCENT INCREASE IN THE TAX RATE.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VIII.Attachments:
1. Ordinance 577 10rdinance 577.doc
ORDINANCE NO. 577
AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD
VALOREM TAXES FOR THE CITY OF KENNEDALE,
TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2015 AND ENDING SEPTEMBER 30, 2016; DIRECTING THE
ASSESSMENT AND COLLECTION THEREOF; PROVIDING
A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE
CLAUSE.
WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for
the fiscal year beginning October 1, 2015, and ending September 30, 2016, hereinafter levied for
current expenses and the general improvements of the City and its property, must be levied to
provide the revenue requirements of the budget for the ensuing year; and
WHEREAS, the City Council has approved on the 21st day of September 2015, the budget
for the fiscal year beginning October 1, 2015, and ending September 30, 2016; and
WHEREAS, all statutory and constitutional requirements concerning the levying and
assessing of ad valorem taxes have been completed in due and correct time, including providing
notice of and conducting a public hearing regarding the ad valorem tax levied hereby.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE TEXAS, THAT:
SECTION 1. For the current expense of the City of Kennedale and for the general
improvements of the City and its property, there is hereby levied and ordered to be assessed and
collected for the fiscal year beginning October 1, 2015 and ending September 30, 2016, and for
each fiscal year thereafter until it be otherwise provided and ordained, on all property situated
within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation
by valid laws, an ad valorem tax rate of $0.767500 cents on the One Hundred ($100.00) Dollars
valuation of such property.
$0.575204 For the purpose of maintenance and operation.
$0.192296 For the purpose of interest and sinking.
$0.767500 Total Tax Rate
THIS TAX RATE WILL RAISE MORE TAXES FROM MAINTENANCE
AND OPERATIONS THAN LAST YEAR'S TAX RATE.
THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.43 PERCENT
AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A
$100,000 HOME BY APPROXIMATELY $23.98.
SECTION 2. That the taxes herein are levied according to law and shall be due and
payable on October 1, 2015, and the same shall become delinquent on February 1, 2016. Should
any taxpayer fail to make payment before the date of delinquency, the penalty as provided by law
shall be assessed until the unpaid taxes and penalty have been satisfied.
SECTION 3. Pursuant to the authority granted by Section 33.07 of the Texas Tax Code, in
the event that 2014 taxes and taxes for all subsequent years become delinquent on or after February
1 but not later than May 1 of the year in which they become delinquent, and in the event such
delinquent taxes are referred to an attorney for collection, an additional amount of twenty percent
(20%) of the total amount of tax, penalty and interest then due shall be added as collection costs to
be paid by the taxpayer, for all taxes delinquent on or after July 1, 2016.
SECTION 4. Pursuant to the authority granted by Section 33.08 of the Texas Tax Code, the
City further provides that all 2015 taxes and taxes for all subsequent years that become delinquent
on or after June 1 of the year in which they become delinquent shall, in order to defray the costs of
collection, incur an additional 20% of the delinquent tax, penalty and interest.
SECTION 5. In the event any section, sub-section, clause, sentence, or phrase of this
ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no
means affect any other section, sub-section, clause sentence, or phrase of this ordinance, but all the
rest thereof shall be in full force and effect just as though the section, sub-section, sentence, clause
or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof.
SECTION 6. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 21st day of September, 2015.
ATTEST: APPROVED:
Leslie Galloway, City Secretary Brian Johnson, Mayor
APPROVED AS TO FORM AND LEGALITY:
Wayne Olson, City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: REQUIRED APPROVAL ITEMS- C.
I. Subject:
Discuss and consider approval for ratification of property tax increase in FY2015-2016 Adopted Budget
II. Originated by:
Finance Director, Director of Finance & IT
III. Summary:
According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget
shall be prepared to cover the proposed expenditures of the municipal government for the succeeding
year. In addition to the adoption of a budget, should that budget require raising more revenue from
property taxes than in the previous year, the governing body must conduct a separate vote to ratify the
property tax increase reflected in the budget. A vote under this subsection is in addition to and separate
from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other
law.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
Required wording for a motion by a governing body to ratify a property tax increase in an approved
budget:
I MOVE THAT THIS BUDGET WILL RAISE MORE REVENUE FROM POPERTY TAXES THAN LAST
YEAR'S BUDGET BY AN AMOUNT OF$210,372,WHICH IS A 4.89 PERCENT INCREASE FROM
LAST YEAR'S BUDGET. THE PROPERTY TAX REVENUE TO BE RAISE FROM PROPERTY ADDED
TO THE TAX ROLL THIS YEAR IS $192,830.
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: DECISION ITEMS-A.
I. Subject:
Consider establishing a Charter Review Committee and making appointments
II. Originated by:
III. Summary:
The city charter was adopted in 1999. Cities typically review charters for possible updates every five
years or so. This has been placed on the agenda for discussion about appointing a committee to do so.
The areas of the charter that should be addresses/considered include:
a. Role of the mayor to serve as chief governing officer
b. Qualifications of the city manager to be consistent with the requisite organization principles
c. Appointment of the city secretary
d. City council terms from two years to three years
e. Other areas consistent with policy governance
f. Technical areas based on law changes
Suggested individuals to serve on the Charter review committee:
• Frank Fernandez
• Charles Overstreet
• Earnest Harvey
• Robert Mundy
• John Clark
A copy of the charter is attached.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: DECISION ITEMS- B.
I. Subject:
Discuss and consider action related to nominations to the 2015-2016 Tarrant Appraisal District Board of
Directors.
II. Originated by:
Bob Hart
III. Summary:
Please see the attached information. Official action is required by October 15, 2015.
Note: The City of Kennedale is allocated 7 votes for the actual election.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Tarrant Appraisal District Letter ITarrant Appraisal District. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Jeff Law
Executive Director
-law Chief Appraiser
Tarrant Appraisal District
September 3,2015
Mr. Brian Johnson
Mayor
City of Kennedale
405 Municipal Drive
Kennedale,Texas 76060
Dear Mr. Johnson:
The terms of service for our five members of the Board of Directors will expire on
December 31,2015 and it is time to begin the process of conducting an election.
I
Based on the amount of the 2014 adjusted tax levy imposed by each eligible taxing unit,
we have calculated the number of votes for your entity. The enclosed list will provide you with
that information.
i
The first step in the procedure is the nomination of candidates. Each voting unit may
nominate one candidate for each of the five positions to be filled. You are not required to make
any nomination or you may nominate any number up to five. The County Tax
Assessor/Collector is automatically a non-voting member of the Board of Directors by law.
In order to be eligible to serve as directors, the 2015 nominees must have resided in
Tarrant County for at least two years prior to January 1, 2016. They may serve on the governing
body of a taxing unit in the County and still be eligible to serve as. a Director. However, an
employee of a taxing unit is prohibited from serving as a Director unless that employee is also an
elected official of the governing body. A Director may not be related to a person who is in the
business of appraising property for property tax purposes or represents property owners for
compensation in proceedings in the appraisal district or appraises property for use in a
proceeding in the appraisal district or who is employed by the appraisal district. A person is
ineligible to serve as a director if the individual, or a business in which the individual has a
substantial interest, enters into a contract with the appraisal district or enters into a contract with
a taxing unit in the district, if that contract relates to the performance of an activity governed by
Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or
determining eligibility for exemptions). A substantial interest exists where the individual and
spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or
either of them is a partner, limited partner or an officer. If you have questions concerning the
qualifications of nominees for a Board position,please call.
n
Letter to Taxing Units
Election of Board of Directors
September 3, 2015
Page 2
The nominations for Directors, which must be made in an open meeting of your taxing
unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a
resolution or other official process adopted by the governing body by October 15, 2015, giving
the names and addresses of the nominees. A current resume or vita is also helpful.
The appointment calendar is as follows:
By October 15,2015 Nominations by resolution or official action
By October 30,2015 Ballots listing nominees delivered to Presiding Officer
By December 15,2015 Entity submits votes by resolution to Chief Appraiser
By December 31,2015 Five(5)nominees receiving largest cumulative vote
totals are elected
January 1,2016 Board takes office for two year term
The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. Again, if
you have any questions,do not hesitate to call.
Sincerely,
J Law
kl xecutive Director
Chief Appraiser
JL:mm
Encl.
Aledo I.S.D. 4 City of Mansfield 54
Arlington I.S.D. 437 City of North Richland Hills 38
Azle I.S.D. 25 Town of Pantego 2
Birdville I.S.D. 162 City of Pelican Bay 0
Burleson I.S.D. 28 City of Richland Hills 5
Carroll I.S.D. 138 City of River Oaks 3
Castleberry I.S.D. 9 City of Roanoke 0
Crowley I.S.D. 120 City of Saginaw 10
Eagle Mountain Saginaw I.S.D. 158 City of Sansom Park 1
Everman I.S.D. 24 City of Southlake 42
Fort Worth I.S.D. 567 Town of Trophy Club 1
Godley I.S.D. 1 City of Watauga 9
Grapevine-Colleyville I.S.D. 226 Town of Westlake 2
Hurst Euless Bedford I.S.D. 201 City of Westover Hills 3
Keller I.S.D. 307 Westworth Village 2
Kennedale I.S.D. 25 City of White Settlement 7
Lake Worth I.S.D. 19
Lewisville I.S.D. 2 Tarrant County 562
Mansfield I.S.D. 230 Tarrant County College 317
Northwest I.S.D. 116
White Settlement I.S.D. 37
City of Arlington 191
City of Azle 6
City of Bedford 23
City of Benbrook 17
City of Blue Mound 1
City of Burleson 7
City of Colleyville 22
City of Crowley 8
City of Dalworthington Gardens 1
Edgecliff Village 1
City of Euless 22
City of Everman 2
City of Flower Mound 1
City of Forest Hill 5
City of Fort Worth 623
City of Grand Prairie 58
City of Grapevine 34
City of Haltom City 18
City of Haslet 3
City of Hurst 21
City of Keller 31
City of Kennedale 7
City of Lake Worth 3
City of Lakeside 1
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: DECISION ITEMS- C.
I. Subject:
Consider approval of minutes from August 17, 2015 regular meeting
II. Originated by:
Kathy Moore, Deputy City Secretary
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 -August 17, 2015 [August 17, 2015. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
)c
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
August 17, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mayor Johnson called the meeting to order at 5:36 p.m.
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. Discuss bid award for health, dental, vision, life and AD&D, and voluntary life insurance and
authorize the City Manager to sign the agreements
Human Resource Director, Kelly Cooper provided Council with highlights for employee benefit
renewals. Kelly stated that staff budgeted for a 12 percent increase on health insurance;
however, the renewal came in at 20 percent. She noted that after an unsuccessful bid process,
staff looked at plan design options to help lower the renewal cost. Kelly concluded that staff
recommends staying with Blue Cross Blue Shield with a 9.38 percent increase for the upcoming
budget year; adding that the new policy design will increase the deductible by $500; the co-pays
will be $40, and it lowers the coinsurance to 70 percent.
There was discussion on the city's future options for the coming years, and possible changes
that may have to happen. It was noted that this item is on the consent agenda for approve
tonight.
B. Review of Annual Fire/EMS 2014 Incident Reporting
Fire Chief, Mike McMurray provided an overview of the annual Fire/EMS Incident Report. Mike
stated that the city had a high number of structure fires with one death last December; he added
that most calls were not serious fires. Additionally, it was noted that Kennedale Fire Department
responds to fire calls in Forest Hill and Rendon as part of the Extra Territorial Jurisdiction (ETJ)
Agreement.
C. Discuss potential FEMA grant application for flood mitigation
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
City Manager, Bob Hart stated that Tarrant County has been included on the Presidential
Application, which opens up our ability to apply for FEMA assistance for flood mitigation within
Village Creek. Bob explained that this is a FEMA Flood Mitigation Program that is set up to go
after properties that have repetitive flood losses; which is mitigating future claims against the
flood insurance program. He added that he has asked Halff and Associates to provide a cost to
put together a grant application and is requesting approval from Council to move forward with
the grant application. Council gave permission to proceed.
D. Discussion of items on regular agenda
No items were discussed at this time. Council moved into executive session.
III. REGULAR SESSION
Mayor Johnson opened the regular session at 7:00 p.m.
IV. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
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.
Kent Lloyd, 5931 Stone Meadow Court, Arlington, spoke as a representative for the Kennedale
Wildcat Booster Club. Mr. Lloyd proposed to Council that the city purchase Kennedale Wildcat
Booster flags to put at municipal buildings, the roundabouts, and other public locations to promote
support for the home team and the school district. He added that tee shirts were also available for
purchase.
IX. REPORTS/ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or
departments, information regarding holiday schedules, upcoming or attended events, etc.
A. Updates from City Council
Page 2 of 4
Kelly Turner stated that the Unified Development Code Advisory Committee will meet again in a
few weeks.
B. Updates from the Mayor
There were no updates from the Mayor.
C. Updates from the City Manager
1. Governance Report
- Executive Limitations
- Balanced Scorecard
The governance reports are attached for review. There were no updates from the City Manager.
X. CONSENT ITEMS
All matters listed under consent agenda have been previously discussed, require little or no
deliberation, or are considered to be routine by the council. If discussion is desired, then an item
will be removed from the consent agenda and considered separately.
A. Consider approval of minutes from July 20, 2015 regular meeting
B. Consider approval of minutes from August 7, 2015 Budget Workshop
C. Consider approval of Resolution 461 to add a Reserve Officer to the Police Department
D. Consider authorizing the Mayor to sign an Interlocal Agreement for administrative costs
funding for Section 5310 program with the Fort Worth Transportation Authority.
E. Consider approval to extend the Interlocal Agreement for participation in Fort Worth's
Environmental Collection Center/Household Hazardous Waste program through September 30,
2016
F. Discuss bid award for health, dental, vision, life and AD&D, and voluntary life insurance and
authorize the City Manager to sign the agreements
Motion To approve consent agenda. Action Approve, Moved By Charles Overstreet,
Seconded By Liz Carrington.
Motion passed Unanimously
XI. REGULAR ITEMS
A. Consider Resolution 462 approving the report for the Kennedale Parkway Access Study
City Manager, Bob Hart stated that this is a follow-up to a meeting that he, Councilman
Overstreet, and Mayor Johnson attended with the Texas Department of Transportation (TxDOT)
and the Council of Governments (COG). Staff is requesting approval to submit a formal request
for an access study on the left-hand turn lane on Kennedale Parkway. He added that the city is
looking for long-term improvements for the Parkway.
Page 3 of 4
Motion To approve Resolution 462, approving the report for the Kennedale Parkway Access
Study. Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington.
Motion passed Unanimously
XII. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 6:00 p.m.
A. 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. 213 Valley Lane
2. 925 E. Kennedale Parkway
3. 501 Cory A. Edwards (Easement)
B. The Kennedale City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a business
project with whom the city is conducting economic development negotiations.
1. 6900 Block Kennedale Parkway
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 6:32 p.m.
No action required.
XIV. ADJOURNMENT
Motion To adjourn the regular meeting of the City Council. Action Adjourn, Moved By Kelly
Turner, Seconded By Liz Carrington.
Motion passed Unanimously
The meeting was adjourned at 7:10 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
Page 4 of 4
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: DECISION ITEMS- D.
I. Subject:
Consider approval of minutes from September 9, 2015 Special Meeting
II. Originated by:
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 Special Meeting Minutes - September 9, 2015 ISeptember 9, 2015 S ecial. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
)c
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
SPECIAL MEETING
September 9, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 5:30 PM
1. CALL TO ORDER
Mayor Johnson called the meetingto order at 5:30 p.m.
11. ROLLCALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Oierstreet
Absent: M ichael Walker
111. RBGU LAR SES51 ON
Mayor Johnson opened the public hearing.
There were no speakers.
A. Public hearing to receive input on the Fiscal Year 2015-2016 Proposed Budget.
1. Staff Presentation
2. Public Hearing
3. Staff Pesponse and %mmary
4. Council Action
Mayor Johnson read the following statement:
Section 102.007 of the Local Government Code on Municipal Budget statesthat "at the condusion of the
public hearing, the body of the municipality shall take action on the proposed budget." It is Council's
intent to adopt the budget at the September 21, 2015 meeting and not at this specific meeting.
Motion To table the adoption of the FY2015-16 budget to September 21, 2015. Action Table, Moved
By Charles Oterstreet, Seconded By Kel Iy Turner.
Motion passed Unanimously
B. Public hearing to receive input on the Fiscal Year 2015-2016 Tax Revenue Increase.
1. Staff Presentation
2. Public Hearing
3. Baff Pesponse and Simmary
Mayor Johnson stated that this is a public hearing only, with a second public hearing scheduled for
September 17, 2015 at 5:30 p.m. Action will be scheduled for the September 21, 2015 Qty Council
meeting, where the FY2015-16 budget and tax rate will be adopted, and the FY2015-16 budget ratified.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
All meetings will be held at the Kennedale aty Hall Council Chambers, located at 405 Municipal Drive,
Ken nedale,Texas 76060.
Mayor Johnson closed the public hearing.
IV.ADJDURNM ENT
Motion To adjourn. Action Adjourn, Moved Dy Liz Carrington, Seconded W Kelly Turner.
Motion passed Unanimously
The meeting was adjourned at 5:33 p.m.
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
Page 2 of 2
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: DECISION ITEMS- E.
I. Subject:
Consider approval of minutes from September 17, 2015 Special Meeting
II. Originated by:
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 Special Meeting Minutes - September 17, 2015 ISeptember 17, 2015 S ecial. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
)c
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
SPECIAL MEETING
September 17, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 5:30 PM
1. CALL TO ORDER
Mayor.bhnson called the meetingto order at 5:31 p.m.
11. ROLLCALL
Present: Frank Fernandez, Brian.bhnson , Liz Carrington, CharlesO,/erstreet
Absent: Kelly Turner, Michael Walker
111. RlBGU LAR SESSI ON
Mayor.bhnson opened the public hearing.
There were no speakers.
A. Public hearing to receive input on the Fiscal Year 2015-2016 Tax R-,venue Increase.
1. Gaff Presentation
2. Public Hearing
3. Gaff Fesponse and Simmary
Mayor .bhnson stated that this is a public hearing only, and that action is scheduled for the Saptember
21, 2015 City Council meeting, where the FY2015-16 budget and tax rate will be adopted, and the
FY2015-16 budget ratified. All meetings will be held at the Kennedale City Hall Council Chambers,
located at 405 M unicipal Drive, Kennedale,Texas 76060.
Mayor.bhnson dosed the public hearing.
B. Case # PZ 15-07 consider action on a final plat requested by Alluvium Development for
approximately 22.47 acres out of an approximately 45 acre parcel in the J M Lilly Sirvey A 980 and A
985, Kennedale, Tarrant County, located at 925 Mansfield Cardinal Rd, to create The Vineyard Phase 2
Blk 2 Lots 8-11, Blk 3 Lots 1-17, Blk 5 Lots 2-6, Blk 6 Lots 8-12, Blk 7 Lots 2-11, Blk 8 Lots 1-21.
1. Staff presentation
2.Applicant presentation
3. Staff summary& recommendation
4.Action by the City Council
1. Staff Presentation by City Ranner, Rachel Fbbertswho provided background and timeline information
on the Vineyard - Phase 2 project. 9ie stated that the plat was in compliance with City regulations, and
the Comprehensive Land Use Ran; adding that the Panning & Zoning Commission recommends
approval.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Frank Fernandez questioned drainage issues; City Manager Bob Hart and Pachel Fbberts addressed the
drainage questions.There was additional discussion between CAUnciI members.
2.Applicant Presentation
There was no applicant presentation.
3. Elaff Simmary and F;L-commendation
Elaff recommends approval of the final plat requested by Alluvium Development located at 925
Mansfield Cardinal Fbad to create The V neyard - Phase 2.
4.Action by the City Council
Motion To approve PZ Case# 15-07; approval of final plat for The Vineyard - Phase 2.Action Approve,
Moved W Charles Overstreet, Seconded By Liz Carrington.
Motion passed with a vote of 2-0; with Liz Carrington and Charles Overstreet voting for approval;
Frank Fernandez abstained.
IV.ADJDURNM ENT
Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Frank Fernandez
Motion passed Unanimously
The meeting was adjourned at 5:40 p.m.
APPROVED: ATTEST
Brian bhnson, Mayor Leslie Calloway,Qty S�cretary
Page 2 of 2
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: September 21, 2015
Agenda Item No: EXECUTIVE SESSION -A.
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. 213 Valley Lane
2. 1201 Bowman Springs 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:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169