2013_12.12 CC PacketI ic
1
KENNEDALE
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KENNEDALE CITY COUNCIL
AGENDA
REGULAR MEETING
December 12, 2013
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. WORK SESSION
*NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the
right to adjourn into Executive Session at any time during the work session or the regular
session to discuss posted executive session items or to seek legal advice from the City Attorney
on any item posted on the agenda.
A. Performance Report.
B. Sales tax discussion.
C. Oak Crest development update and discussion.
D. Youth Advisory Council project discussion.
E. Discuss any other items on the 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 and information from the Mayor.
B. Updates and information from Councilmembers.
C. Updates and information from the City Manager.
X. CONSENT ITEMS
All matters listed under consent agenda have been previously discussed, require little or no deliberation,
or are considered to be routine by the council. If discussion is desired, then an item will be removed
from the consent agenda and considered separately.
A. Consider authorizing the City Manager to make an emergency expenditure to replace the T -Well
Site Pump and Motor.
B. Consider approval of minutes from November 5, 2013 regular meeting.
XI. REGULAR ITEMS
A. Consider approval of Ordinance 539, regarding an electric power franchise for Oncor Electric
Delivery Company.
B. Consider casting votes for the 2013 -2014 Tarrant Appraisal District Board of Directors.
C. Consider appointing a Chair and Vice Chair for the 2013 -2014 Board of Adjustment/Building
Board of Appeals.
D. CASE # PZ 13 -08 to receive comments and consider approval of Ordinance 540, regarding action
on a request by Ashton Holdings, Inc. for a zoning change for approximately 6.3 acres from "OT" Old
Town District to "PD" Planned Development District located at 260 Hilltop (access on 3rd St), legal
description of Hilltop Addition Block 1 Lots 1 -15.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
Page 2 of 4
E. CASE # PZ 13 -10 to receive comments and consider approval of Ordinance 541, regarding a
request by Ashton Holdings, Inc. for a zoning change for approximately 4.3 acres from "AG"
Agricultural District to "R -1" Single Family Residential District for property owned by Ricardo Trevino
and located at the corner of Swiney Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres
Addition Block 2 Lot 6.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
F. CORRECT CASE # PZ 13 -11 to receive comments and consider action on a request by Ashton
Holdings, Inc. for a replat of approximately 4.3 acres, for property owned by Ricardo Trevino and
located at the corner of Swiney Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres
Addition Block 2 Lot 6, to create Lots 6R1 -6R8.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
G. CASE # PZ 13 -12 to receive comments and consider approval of Ordinance 542,regarding a
request by Alluvium Development, Inc. to amend the regulations for the Planned Development
District for property located at 925 Mansfield Cardinal Rd, legal description of J M Lilly Survey A 980
Tract 2 & A 985 Tract 3, Tarrant County, Texas, to correct a scrivener's error that listed the minimum
lot width for "C" type lots as 85 feet instead of 80 feet.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
H. Discuss and consider approval of Ordinance 543, regarding the use of lead -flux and solder in
plumbing installations.
XII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas
Government Code for consultation with the City Attorney pertaining to any matter in which the duty of
the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the
Open Meetings Act, including discussion of any item posted on the agenda..
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XIV. ADJOURNMENT
Page 3 of 4
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty -eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at
817.985.2104 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the December 12, 2013, agenda was posted on the City Hall bulletin board next to the main entrance of the
City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general
public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with
Chapter 551 of the Texas Government Code.
Amethyst G. Sloane, City Secretary
Page 4 of 4
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: WORK SESSION - A.
I. Subject:
Performance Report.
II. Originated by:
Bob Hart
III. Summary:
At this time the City Manager will present a report on the balanced scorecard. Please see the attached
information.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
1. (December Scorecard 112.05.2013 Kennedale Scorecard Info 13 -3.pdf
INDICATOR DATA
M
N
0
0
Z
0
N
3
Q
0
2
2
0
0
N
O
N
0
N
M
O
N
O
N
0
O
N
N
N
N
O
N
M
N
N
O
00
O
eso
M
N
00
'Objective 'Indicator Name I Unit of Measure I RED I GREEN
0
ro
M
0
N
O
4
6.0
O
O
N
25%
0
O
5.5
0'L
7.00
10.00
Cases
C
O
O
Minutes
Minutes
O
it9
O
Sales Tax Trends (% Difference)
%Code Enforcement Complaints
Resolved (40 %)
Water Cases (60 %)
Crime Rates
Fire /EMS Service Response Time
(50 %)
Police Service Response Time
(50 %)
Building Permit Response Time
(Days)
Training Hours
Water Samples (70 %)
Fire Inspections (30 %)
S2 Be a Sustainable &
Attractive City
S2 Be a Sustainable &
Attractive City
11 Provide Excellent
Services
11 Provide Excellent
Services
14 Ensure Public Health
& Safety
Ul
O
W
0
m
w
INDICATOR DATA
m
0
0
N
O
Z
0
3
C
3
0
Z
0
0
O
7
0
0
0
E
Z
O
H
0
0
0
0
V1 K
0
%Of Dollars
Variance to Budget ( %)
F2 Fiscally Responsible
0
m
0
v
0
F3 Leverage Resources
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: WORK SESSION - B.
I. Subject:
Sales tax discussion.
II. Originated by:
Bob Hart
III. Summary:
Bob Hart will give an updated report on the state of the city's sales tax and other revenue.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: WORK SESSION - C.
I. Subject:
Oak Crest development update and discussion.
II. Originated by:
Bob Hart
III. Summary:
Bob Hart will give an update on development in this area. Please see the attached map for reference.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
1. 'map IKennedale_Employment district MP_200scI_11x17.jpg
Existing Industrial
Facility
•
r
Vi11a9e ��eek J.
Green Corridor
along Escarpment
Legend
f__ Retail /Restaurant
MI Hotel
Office /Flex Space
Senior Cottages
Senior Manor
Park and Ride
Outdoor Activity Center
* Village Creek Gateway
Proposed Road
Existing Road
Road to he Removed
Village Creek Nature Preserve
(Future Park Development)
Future Urban
Village
Future Urban
Village
900 IMO
pit HALFF
Kennedale Employment District Master Plan
Kennedale, TX
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: WORK SESSION - D.
I. Subject:
Youth Advisory Council project discussion.
II. Originated by:
Amethyst G. Cirmo, City Secretary and Communications Coordinator
III. Summary:
The Youth Advisory Council is asking for Council's guidance on specific projects for the remainder of this
year.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: WORK SESSION - E.
I. Subject:
Discuss any other items on the agenda.
II. Originated by:
City Council, City Council
III. Summary:
At this time City Council may discuss any items on the agenda.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - A.
I. Subject:
Updates and information from the Mayor.
II. Originated by:
City Council, City Council
III. Summary:
Updates and information from the Mayor, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - B.
I. Subject:
Updates and information from Councilmembers.
II. Originated by:
City Council, City Council
III. Summary:
Updates and information from Councilmembers, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REPORTS /ANNOUNCEMENTS - C.
I. Subject:
Updates and information from the City Manager.
II. Originated by:
Bob Hart
III. Summary:
Updates and information from the City manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: CONSENT ITEMS - A.
I. Subject:
Consider authorizing the City Manager to make an emergency expenditure to replace the T -Well Site
Pump and Motor.
II. Originated by:
Larry Ledbetter, Director of Public Works
III. Summary:
The T -2 well pump failed during late summer 2013. In order to identify the problem, Millican Well Service
was contracted to pull the pump and motor. The pump and motor were shipped to Central Lift, Pump and
Motor Company in Tulsa Okalhoma for tear down and evaluation. It was determined that the pump and
motor were not rebuildable. The estimate for replacing the pump and motor is $84,486.80.
Staff recommends approval of the estimate and authorizing the City Manager to make the emergency
expenditure.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. IT -2 Well Site Estimate
IEst_ 700_ from_ Millican_Well_Service_LLC_1048. pdf
MILLICAN WELL SERVICE LLC
P.O. BOX 820487
FORT WORTH, TEXAS 76182
817 - 232 -0077
Name / Address
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Estimate
Date
11/8/2013
Well Name
T -2
Qty
Description
Cost
Total
18
Labor and equipment to pull the pump and motor and lay down for
inspection. COMPLETED
185.00
3,330.00
30
Labor and equipment to install a new pump, new motor and seal
back in the well.
185.00
5,550.00
1
Service tech to lay the pump and motor down COMPLETED
1,200.00
1,200.00
1
Centrilift: PUMP 675 HC12500,MOTOR 562 Series 171/2390/044,
69,850.00
69,850.00
SEAL 513GSB3 FER HL SSCV, CABLE MOTOR LEAD 562 040
5KHT
1
Trade in of old equipment
- 2,700.00
- 2,700.00
1
Freight
1,000.00
1,000.00
1
Service tech to put the pump and motor together and make the splice
2,500.00
2,500.00
(estimated)
1
Electrician charges: to start the well and check the rotation and
voltage (estimated)
1,800.00
1,800.00
3
5/8" SS band -it materials
225.00
675.00
2
5/8" SS band -it buckles
86.40
172.80
2
Airline:2- 1320' @.35 a ft.
462.00
924.00
2
Knock out plugs for check valves
92.50
185.00
glint , rid
Subtotal $84,486.80
Jerry Browning
o
2176W1
Sales Tax (6.25%) $0.00
Texas Department of Licensing and Regulation
P.O. Box 12157
Total $84,486.80
Austin, Texas 78711
512- 462 -7880
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: CONSENT ITEMS - B.
I. Subject:
Consider approval of minutes from November 5, 2013 regular meeting.
II. Originated by:
Amethyst G. Cirmo, City Secretary and Communications Coordinator
III. Summary:
Please see the attached minutes for approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. Iminutes
111.05.2013 CC Minutes.doc
1
i
KENNEDALE
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KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
November 5, 2013
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
Mayor Pro -Tem Brian Johnson called the work session to order at 5:30PM.
II. WORK SESSION
A. Update from the Youth Advisory Council.
Ashley Luu (Chair), Elias Noorzad (Vice- Chair), and Nadeya Patel (Historian) introduced themselves
and gave a brief update on this year's Youth Advisory Council. The YAC invited Council to the
November 12th Food Truck Tailgate event and asked Council for recommendations regarding the type
of projects they should pursue this year.
B. Governance discussion regarding e- cigarettes.
Bob Hart noted that e- cigarettes had not become an issue for the city at this time, and that city code
currently prohibits smoking in city buildings, which does not extend to the use of e- cigarettes. Mr. Hart
also noted that this was a new issue and most cities have not yet adopted specific regulatory policies.
Councilmember Fernandez noted that he was concerned with the possible secondary effects of the
devices. Councilmembers Johnson and Turner noted that at this time they did not feel that there was
sufficient evidence available to establish regulation on the issue, but that should such evidence become
available they would be interested in revisiting the issue at that time.
C. Discuss any other items on the agenda.
Bob Hart noted that Councilmember Fernandez would be unavailable on January 9th for the City
Council meeting and asked that Council consider moving the meeting to January 16tH
Mayor Pro -Tem Johnson recessed into Executive session at 5:50PM, noting that both executive item
sections would be discussed at that time (items III -A and XIV -A).
III. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government
Code for consultation with the City Attorney pertaining to any matter in which the duty of the City
Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open
Meetings Act, including discussion of any item posted on the agenda.
1. Discuss the use of tasers by Law Enforcement Officers.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817- 985 -2100 1 Fax: 817- 478 -7169
IV. RECONVENE INTO OPEN SESSION
Mayor Pro -Tem Johnson reconvened into open session at 7:OOPM.
V. REGULAR SESSION
Mayor Pro -Tem Johnson called the regular session to order at 7:04PM.
VI. ROLL CALL
Present:, Frank Fernandez, Brian Johnson, Charles Overstreet, Kelly Turner
Absent: John Clark, Liz Carrington
As Mayor John Clark was absent, Mayor Pro -Tem Brian Johnson presided over the meeting.
VII. INVOCATION
VIII. UNITED STATES PLEDGE
IX. TEXAS PLEDGE
X. VISITOR /CITIZENS FORUM
No individuals signed up to speak.
XI. REPORTS /ANNOUNCEMENTS
A. Recognition of Magistrates.
Mayor Pro -Tem Johnson noted that as the City had contracted jail services with the City of Mansfield,
the city was no longer in need of volunteer magistrates. He presented certificates of appreciation to
Ray Cowan, Sakura Moten - Dedrick, and Tiffany Penhallegon, thanking them for their volunteer service
and time.
B. Reports and updates from the Mayor.
- Proclamation of Municipal Court Week, November 4 - 8, 2013
Mayor Pro -Tem Johnson read the proclamation aloud.
- Upcoming events
City Secretary Amethyst Cirmo noted the following events:
• Keep Kennedale Beautiful Commission TownCenter Park butterfly garden workday on
November 9th at 9:OOAM.
• Youth Advisory Council's Food Truck Tailgate would be held on November 12th from 4:30
to 7:30PM in TownCenter Plaza.
• Tree Lighting Festival on December 3rd at 5:30PM in TownCenter Park.
C. Reports and updates from Councilmembers.
Councilmember Overstreet noted that he, Mayor Pro -Tem Johnson, and City Manager Bob Hart would
be attending the National League of Cities conference later in November.
D. Reports and updates from the City Manager.
No updates were given.
XII. CONSENT ITEMS
A. Consider approval of minutes from October 1, 2013 meeting.
Page 2 of 5
B. Consider approval of meeting minutes from October 10, 2013 meeting.
C. Consider authorizing the city manager to execute a contract with the City of Fort Worth for radio
system access for 2013 -2014.
D. Consider approval of a resolution declaring the City of Kennedale a hybrid entity for purposes of
HIPAA and HITECH Acts
E. Consider authorizing the Mayor to sign an Interlocal Agreement for administrative costs funding for
Section 5310 program with the Fort Worth Transportation Authority.
Motion To approve the consent agenda as presented. Action Approve, Moved By Charles Overstreet,
Seconded By Frank Fernandez
Motion Passed Unanimously
XIII. REGULAR ITEMS
A. Consider recommendations for Planning & Zoning Commission Chair and Vice -Chair for 2013 -2014.
The Planning and Zoning Commission has recommended Ernest Harvey as Chair and Thomas Pirtle
as Vice Chair.
Motion To appoint Ernest Harvey as Chair and Thomas Pirtle as Vice Chair for the 2013 -2014
Planning & Zoning Commission. Action Approve, Moved By Charles Overstreet, Seconded By Frank
Fernandez. Motion Passed Unanimously
B. CASE # PZ 13 -05 to receive comments and consider approval on an ordinance amending Chapter
17, Article VI, "Zoning ", of the code of ordinances of the City of Kennedale, Texas, as amended, by
establishing a new zoning district, "Employment Center District" and regulations for same, including
regulations on permitted uses, building design, site design, landscaping, and signs.
1. Staff Presentation
Rachel Roberts approached the Council, noting that the establishment of this new district was
the first step toward implementation of both the Comprehensive Plan and form based codes.
She noted that form based codes will allow the city to present more comprehensive and
predictable building standards which set expectations for potential builders, allowing them to
know what they would need to accomplish ahead of time in order to comply with the code. Bob
Hart noted that the form based process will make Kennedale an attractive location for builders
and businesses to pursue. The Planning and Zoning Commission held the appropriate public
hearings and were recommending approval.
2. Public Hearing
Mayor Pro -Tem Johnson opened the public hearing. No one signed up to speak and the
hearing was closed.
3. Staff Response and Summary
No staff response was necessary.
4. Action by the City Council
Motion To approve # PZ 13 -05 and Ordinance 536 as presented. Action Approve, Moved By
Frank Fernandez, Seconded By Kelly Turner. Motion Passed Unanimously
Page 3 of 5
C. CASE # PZ 13 -06 to receive comments and consider approval on a request by the City of
Kennedale and the Kennedale Economic Development Corporation for a zoning change and ordinance
adopting such change for 20 parcels totaling approximately 5 acres from "C -1" Restricted Commercial
District to "EC" Employment Center District for properties located at 1101, 1103, 1105, 1107, 1109,
1111, 1113, 1115, 1117, 1119, 1121, & 1125 W Kennedale Pkwy, and 5409, 5413, 5417, 5421, 5429,
5433, & 5437 High Ridge Rd, with legal description of Oak Crest Addition Block 4 Lots 8, 9, 10A, 11A,
12A, 13A, 14- 18, 19A, 20 -26, Tarrant County, Texas. The property in question is owned by the City of
Kennedale and the Kennedale Economic Development Corporation.
1. Staff Presentation
Rachel Roberts approached the Council, noting that this will rezone the aforementioned
properties according to the new Employment Center District "EC" that was adopted in the
previous agenda item (item XIII -A). The Planning and Zoning Commission held the appropriate
public hearings and recommend approval.
2. Public Hearing
Mayor Pro -Tem Johnson opened the public hearing. No one signed up to speak and the
hearing was closed.
3. Staff Response and Summary
No response was necessary.
4. Action by the City Council
Motion To approve # PZ 13 -06 and Ordinance 537 as presented. Action Approve, Moved By
Charles Overstreet, Seconded By Kelly Turner. Motion Passed Unanimously
D. Consider authorizing the City Manager to execute an Interlocal Agreement for shared library
services.
Bob Hart noted that this agreement would allow for shared library services between Kennedale,
Arlington, and Mansfield. City Attorney noted that he is recommending several non - substantive
changes to the agreement that are preferred but not essential.
Motion To authorizing the City Manager to execute an Interlocal Agreement for shared library services
as presented. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion
Passed Unanimously
E. Consider approval of an Ordinance providing for the unappointment of prescribed magistrates
Sakura Moten Dedrick and Tiffany Panhallegon -Oakes for the Kennedale Municipal Court.
Motion To approve Ordinance 538 as presented. Action Approve, Moved By Kelly Turner, Seconded
By Frank Fernandez. Motion Passed Unanimously
Mayor Pro -Tem Johnson noted that both sections of Executive Session were held earlier and no further
session was necessary.
XIV. EXECUTIVE SESSION
A. 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. Review and discuss incentives for Watson Glass.
Page 4 of 5
XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
No action pursuant to Executive Session was needed.
XVI. ADJOURNMENT
Motion To adjourn, Action Adjourn. Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion Passed Unanimously
The meeting was adjourned at 7:30PM.
APPROVED: ATTEST:
Mayor John Clark City Secretary, Amethyst G. Sloane
Page 5 of 5
KENNEDALE
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Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Consider approval of Ordinance 539, regarding an electric power franchise for Oncor Electric Delivery
Company.
II. Originated by:
Bob Hart
III. Summary:
This ordinance renews the franchise agreement with Oncor. Additional information will be presented at
the meeting.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. IOrdinanace 539 10539 - Oncor Franchise.docx
ORDINANCE NO. 539
AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE
THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY
EASEMENTS, PUBLIC WAYS AND OTHER PUBLIC PROPERTY (PUBLIC RIGHTS -
OF -WAY) OF KENNEDALE, TEXAS, PROVIDING FOR THE REPEAL OF ALL PRIOR
FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS
PREDECESSORS AND ASSIGNS, PROVIDING FOR COMPENSATION THEREFOR,
PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE,
PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, AND FINDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC.
BE IT ORDAINED BY THE CITY COUNCIL OF KENNEDALE, TEXAS:
SECTION 1. GRANT OF AUTHORITY:
A. The City of Kennedale, Texas ( "City ") hereby grants to Oncor Electric
Delivery Company LLC, its successors and assigns (herein called "Company "), the
right, privilege and franchise to construct, extend, maintain and operate in, along, under
and across the present and future streets, alleys, highways, public utility easements,
public ways, and other public property ( "Public Rights -of- Way ") of Kennedale, electric
power lines, with all necessary or desirable appurtenances (including underground
conduits, poles, towers, wires, transmission lines and other structures, and telephone
and communication lines solely for its own use), for the purpose of delivering electricity
to the City, the inhabitants thereof, and persons, firms and corporations beyond the
corporate limits thereof, for the term set out in Section 10, subject to this consent by the
City in accordance with Texas Utilities Code, Section 181.043 and in accordance with
the Public Utility Regulatory Act (PURA) and all other applicable laws, rules, and
regulations.
B. The provisions set forth in this ordinance represent the terms and
conditions under which Company shall construct, operate, and maintain its system
facilities within the Public Rights -of -Way of the City. Company, by its acceptance of this
Franchise, agrees that all such lawful regulatory powers and rights as the same may be
from time to time vested in the City shall be in full force and effect and subject to the
exercise thereof by the City at any time. The grant to Company in this Franchise is
subject to the terms and conditions contained herein, PURA, the Texas Constitution,
and the City's Code of Ordinances (unless the City's Ordinances are otherwise in
conflict with any federal or state laws, rules, or regulations, or this Franchise), all as
amended, and subject to all other applicable and controlling local, state and federal
laws, including the rules and regulations of any and all agencies thereof, whether
presently in force or whether enacted or adopted at any time in the future. This
franchise agreement shall in no way affect or impair the rights, obligations or remedies
of the parties under PURA, other state or federal laws, rules or regulations, and the
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
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Texas Constitution. Nothing herein shall be deemed a waiver, release or
relinquishment of either party's right to contest, appeal, or file suit with respect to any
action or decision of the other party, including ordinances adopted by the City, that
Company believes are in violation of any federal, state, or local laws, rules or
regulations. The City shall provide Company notice and opportunity to review and
comment upon proposed ordinances relating to the Public Rights -of -Way.
C. This Franchise does not grant to the Company the right, privilege or
authority to engage in any other activities within the City other than as specified in this
Franchise.
SECTION 2. USE OF PUBLIC RIGHTS -OF -WAY:
A. The poles, towers and other structures shall be so erected as not to
unreasonably interfere with traffic over streets, alleys and highways.
B. Company shall, except in cases of (i) emergency conditions or (ii) routine
maintenance and repair of facilities that do not involve any of the following (a) cutting or
breaking of pavement or (b) closure of traffic lane for longer than 24 hours or (c) boring
or (d) excavation greater than 100 cubic feet or (iii) connection of real property to a
utility service on the same side of the Public Rights -of -Way if connection does not
require a pavement cut in the Public Rights -of -Way or (iv) replacement of a single
damaged pole and associated work within a ten (10) foot radius of the damaged pole or
(v) installation of aerial lines on less than 11 existing poles or installation of aerial lines
on less than 11 new poles, provide City reasonable advance notice, and obtain a
permit, (if required by City Ordinance), prior to performing work in the Public Rights -of-
Way, except in no instance shall Company be required to pay fees or bonds related to
its use of the Public Rights -of -Way, despite the City's enactment of any ordinance
providing the contrary. Company shall construct and maintain its facilities in
conformance with the applicable provisions of the National Electric Safety Code or such
comparable standards as may be adopted, and in a good and workmanlike manner.
C. The City retains the right to make visual, non - invasive inspections of the
Company's facilities and upon reasonable notice and request, to require the Company
to make available for inspection records or data to demonstrate its current compliance
with the terms of this Franchise.
D. The location of Company's facilities in the Public Rights -of -Way shall be
subject to approval by the City Manager or the City Manager's designated
representative (the "Manager ") prior to construction; provided however, said approval
shall not be unreasonably withheld. This approval will be obtained through the City's
permitting process (if required by City Ordinance). In the event of a conflict between the
location of the proposed facilities of Company and the locations of the facilities of City or
other Public Rights -of -Way users which exist or have been authorized by the City, the
Manager shall resolve the conflict and determine the location of the respective facilities
within the Public Rights -of -Way. The Manager will designate a reasonable alternate
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
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location for Company's facilities if a reasonable alternate location exists. The Company
will use reasonable efforts to work with the City to avoid installing its facilities in park or
City property other than utility easements or street, alley, or highway Right -of -Way.
Company has the right to request City Council review of this or any actions concerning
Company's use of the Public Rights -of -Way.
E. The Company shall restore at the Company's expense, all work within the
City Rights -of -Way, to a condition equally as good as it was prior to being disturbed by
Company's construction, excavation, repair or removal or to a condition agreed upon by
City and Company. If City and Company agree that there are extenuating
circumstances that do not allow for restoration of all work within the City Rights -of -Way
to a condition equally as good as it was prior to being disturbed by Company, City and
Company will negotiate an alternative restoration plan (in writing) to remedy the
situation.
F. Company shall cooperate with the City in providing information regarding
the location of current and future overhead and underground wires and poles within
City's Public Rights -of -Way. Reproducible copies of maps showing the location of all
overhead and underground wires and poles within the Public Rights -of -Way shall be
furnished to the City upon reasonable request, if available. The maps shall be provided
in electronic digital format, if available.
SECTION 3: RELOCATION AND ABANDONMENT:
The City reserves the right to lay, and permit to be laid, storm, sewer, gas, water,
wastewater and other pipe lines, cables, and conduits, or other improvements or to do
and permit to be done any underground or overhead work that City in its sole discretion
determines may be necessary or proper in, across, along, over, or under Public Rights -
of -Way occupied by Company. The City also reserves the right to change in any
manner any curb, sidewalk, highway, alley, public way, street, utility lines, storm sewers,
drainage basins, drainage ditches, and the like.
Upon request by City, Company shall relocate its facilities at the expense of the City
except as otherwise required by Section 37.101(c) of PURA, which statutory provision
currently states the governing body of a municipality may require an electric utility to
relocate the utility's facility at the utility's expense to permit the widening or straightening
of a street. City and Company further agree that widening and straightening of a street
includes the addition of any acceleration, deceleration, center or side turn lanes, and
sidewalks (meaning sidewalks done in conjunction with widening or straightening of a
street), provided that the City shall provide Company with at least thirty (30) days notice
and shall specify a new location for such facilities along the Public Rights -of -Way of the
street.
If the City requires the Company to adapt or conform its Facilities, or in any manner to
alter, relocate, or change its Facilities to enable any other corporation or person to use,
or use with greater convenience, said street, alley, highway, or public way, the
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Company shall not be bound to make such changes until such other corporation or
person shall have undertaken, with good and sufficient bond, to reimburse the Company
for any costs, loss, or expense which will be caused by, or arises out of such change,
alteration, or relocation of Company's Facilities.
If City abandons any Public Rights -of -Way in which Company has facilities such
abandonment shall be conditioned on Company's right to maintain its use of the former
Public Rights -of -Way and on the obligation of the party to whom the Public Rights -of-
Way is abandoned to reimburse Company for all removal or relocation expenses if
Company agrees to the removal or relocation of its facilities following abandonment of
the Public Rights -of -Way. If the party to whom the Public Rights -of -Way is abandoned
requests the Company to remove or relocate its facilities and Company agrees to such
removal or relocation, such removal or relocation shall be done within a reasonable time
at the expense of the party requesting the removal or relocation. If relocation cannot
practically be made to another Public Rights -of -Way, the expense of any right -of -way
acquisition shall be considered a relocation expense to be reimbursed by the party
requesting the relocation.
SECTION 4. INDEMNIFICATION:
A. In consideration of the granting of this Franchise, Company shall, at its
sole cost and expense, indemnify and hold the City, and its past and present officers,
agents and employees harmless against any and all liability arising from suits, actions
or claims of injury to any person or persons, or damages to any property arising out of,
or occasioned by the intentional and /or negligent acts or omissions of the Company or
any of its officers, agents, or employees, in connection with Company's construction,
maintenance and operation of Company's System in the Public Rights -of -Way, including
any reasonable court costs, expenses and defenses thereof.
B. This indemnity shall only apply to the extent that the loss, damage or
injury is attributable to the negligence or wrongful act or omission of the Company, its
officers, agents or employees, and does not apply to the extent such loss, damage or
injury is attributable to the negligence or wrongful act or omission of the City, or the
City's officers, agents, or employees or any other person or entity. This provision is not
intended to create a cause of action or liability for the benefit of third parties but is solely
for the benefit of the Company and the City.
C. In the event of joint and concurrent negligence or fault of both the
Company and the City, responsibility and indemnity, if any, shall be apportioned
comparatively between the City and Company in accordance with the laws of the State
of Texas without, however, waiving any governmental immunity available to the City
under Texas law and without waiving any of the defenses of the parties under Texas
law. Further, in the event of joint and concurrent negligence or fault of both the
Company and the City, responsibility for all costs of defense shall be apportioned
between the City and Company based upon the comparative fault of each.
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D. In fulfilling its obligation to defend and indemnify City, Company shall have
the right to select defense counsel, subject to City's approval, which will not be
unreasonably withheld. Company shall retain defense counsel within seven (7)
business days of City's written notice that City is invoking its right to indemnification
under this Franchise. If Company fails to retain counsel within such time period, City
shall have the right to retain defense counsel on its own behalf, and Company shall be
liable for all reasonable defense costs incurred by City, except as otherwise provided in
Section 4.B and 4.C.
SECTION 5. LIABILITY INSURANCE:
Company shall, at its sole cost and expense, obtain, maintain, or cause to be
maintained, and provide, throughout the term of this Franchise, insurance in the
amounts, types and coverages in accordance with the following requirements. Such
insurance may be in the form of self- insurance to the extent permitted by applicable law
or by obtaining insurance, as follows:
A. Commercial general or excess liability on an occurrence or claims made
form with minimum limits of five million dollars ($5,000,000) per occurrence and ten
million dollars ($10,000,000) aggregate. This coverage shall include the following:
(1) Products /completed operations to be maintained for the
warranty period.
(2) Personal and advertising injury.
(3) Contractual liability.
(4) Explosion, collapse, or underground (XCU) hazards.
B. Automobile liability coverage with a minimum policy limit of one million
dollars ($1,000,000) combined single limit each accident. This coverage shall include
all owned, hired and non -owned automobiles.
C. Workers compensation and employers liability coverage. Statutory
coverage limits for Coverage A and five hundred thousand dollars ($500,000) bodily
injury each accident, five hundred thousand dollars ($500,000) each employee bodily
injury by disease, and five hundred thousand dollars ($500,000) policy limit bodily injury
by disease Coverage B employers' liability are required. Company must provide the
City with a waiver of subrogation for worker's compensation claims.
D. Company must name the City, which includes all authorities,
commissions, divisions and departments, as well as elected and appointed officials,
agents, employees and volunteers, as an additional insureds under the coverage
required herein, except Worker's Compensation Coverage. The certificate of insurance
must state that the City is an additional insured.
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E. Coverages required to be maintained under Sections 5.A, 5.B., and 5.C.
shall include a waiver of subrogation in favor of the City, its officers, agents and
employees.
F. Company will require its contractors and subcontractors to maintain, at
their sole cost and expense, a minimum of three million dollars ($3,000,000) each
occurrence or each accident general liability and automobile liability throughout the
course of work performed. Also, contractors and subcontractors will be required to
maintain statutory workers' compensation benefits in accordance with the regulations of
the State of Texas or state of jurisdiction as applicable. The minimum limits for
employers' liability insurance will be five hundred thousand dollars ($500,000) bodily
injury each accident, five hundred thousand dollars ($500,000) each employee bodily
injury by disease, and five hundred thousand dollars ($500,000) policy limit bodily injury
by disease.
The Company will provide proof of its insurance in accordance with this Franchise within
30 days of the effective date of the Franchise and annually thereafter as applicable
insurance coverages renew. Company will not be required to furnish separate proof
when applying for permits.
SECTION 6. NON - EXCLUSIVITY:
This franchise is not exclusive, and nothing herein contained shall be construed so as to
prevent the City from granting other like or similar rights, privileges and franchises to
any other person, firm, or corporation.
SECTION 7. CONSIDERATION:
In consideration of the grant of said right, privilege and franchise by the City and as full
payment for the right, privilege and franchise of using and occupying the said Public
Rights -of -Way, and in lieu of any and all occupation taxes, assessments, municipal
charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or
charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies,
fees and rentals of whatsoever kind and character which the City may impose or
hereafter be authorized or empowered to levy and collect, excepting only the usual
general or special ad valorem taxes which the City is authorized to levy and impose
upon real and personal property, sales and use taxes, and special assessments for
public improvements, Company shall pay to the City the following:
A. A final annual payment was made on or before March 15, 2013, for the
basis period of January 1, 2012 through December 31, 2012, for the
privilege period of January 1, 2013 through December 31, 2013 in
accordance with the payment schedule in the previous franchise
agreement.
B. As authorized by Section 33.008(b) of PURA, the original franchise fee
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factor calculated for the City in 2002 was 0.002928 (the "Base Factor "),
multiplied by each kilowatt hour of electricity delivered by Company to
each retail customer whose consuming facility's point of delivery is located
within the City's municipal boundaries for determining franchise payments
going forward.
Due to a 2006 agreement between Company and City the franchise fee
factor was increased to a franchise fee factor of 0.003074 (the "Current
Factor "), multiplied by each kilowatt hour of electricity delivered by
Company to each retail customer whose consuming facility's point of
delivery is located within the City's municipal boundaries on an annual
basis.
However, should the Public Utility Commission of Texas at any time in the
future disallow Company's recovery through rates of the higher franchise
payments made under the Current Factor as compared to the Base
Factor, then the franchise fee factor shall immediately revert to the Base
Factor of 0.002928 and all future payments, irrespective of the time period
that is covered by the payment, will be made using the Base Factor.
1. Effective December 15, 2013 Company shall begin quarterly Pre -
Pay payments as follows:
Payment Due
December 15
March 15
June 15
September 15
Basis Period Privilege Period
Jan. 1 — March 31
April 1 — June 30
July 1 — Sept. 30
Oct. 1 — Dec. 31
Jan. 1 — March 31
April 1— June 30
July 1 — Sept. 30
Oct. 1. — Dec. 31
2. The first payment hereunder shall be due and payable on or
before December 15, 2013 and will cover basis period of
January 1, 2013 through March 31, 2013 for the privilege period
of January 1, 2014 through March 31, 2014. If this Franchise is
not effective prior to the first quarterly payment date, Company
will pay any payments due within 30 days of the effective date of
this agreement. The final payment under this Franchise is due
on or before September 15, 2027 and covers the basis period of
October 1, 2026 through December 31, 2026 for the privilege
period of October 1, 2027 through December 31, 2027; and
3. After the final payment date of September 15, 2027, Company
may continue to make payments in accordance with the above
schedule. The City acknowledges that such continued payments
will correspond to privilege periods that extend beyond the term
of this franchise and that such continued payments will be
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recognized in any subsequent franchise agreement as full
payment for the relevant periods.
C. On a prospective basis; a sum equal to four percent (4 %) of gross
revenues received by Company from services identified as DD1 through
DD24 in Section 6.1.2 "Discretionary Service Charges," in its Tariff for
Retail Delivery Service (Tariff), effective 1/1/2002, that are for the account
and benefit of an end -use retail electric consumer. Company will, upon
request by City, provide a cross reference to Discretionary Service Charge
numbering changes that are contained in Company's current approved
Tariff.
1. The franchise fee amounts based on "Discretionary Service
Charges" shall be calculated on an annual calendar year basis,
i.e. from January through December 31 of each calendar year.
2. The franchise fee amounts that are due based on "Discretionary
Service Charges" shall be paid at least once annually on or
before April 30 each year based on the total "Discretionary
Service Charges ", as set out in Section 7.C, received during the
preceding calendar year. The initial Discretionary Service
Charge franchise fee amount will be paid on or before April 30,
2015 and will be based on the calendar year January 1 through
December 31, 2014. The final Discretionary Service Charge
franchise fee amount will be paid on or before April 30, 2028
and will be based on the calendar year of January 1 through
December 31, 2027.
3. Company may file a tariff or tariff amendment(s) to provide for
the recovery of the franchise fee on Discretionary Service
Charges.
4. City agrees (i) to the extent the City acts as regulatory authority,
to adopt and approve that portion of any tariff which provides for
100% recovery of the franchise fee on Discretionary Service
Charges; (ii) in the event the City intervenes in any regulatory
proceeding before a federal or state agency in which the
recovery of the franchise fees on such Discretionary Service
Charges is an issue, the City will take an affirmative position
supporting the 100% recovery of such franchise fees by
Company and; (iii) in the event of an appeal of any such
regulatory proceeding in which the City has intervened, the City
will take an affirmative position in any such appeals in support of
the 100% recovery of such franchise fees by Company.
5. City agrees that it will take no action, nor cause any other
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person or entity to take any action, to prohibit the recovery of
such franchise fees by Company.
6. In the event of a regulatory disallowance of the recovery of the
franchise fees on the Discretionary Service Charges, Company
will not be required to continue payment of such franchise fees.
D. With each payment of compensation required by Section 7.B, Company
shall furnish to City a statement that provides the franchise basis period,
the total amount of kilowatt hours of electricity delivered during the
franchise basis period by the Company to retail customers whose
consuming facility's point of delivery is located within the City's municipal
boundaries, and the privilege period covered by the payment. The parties
agree that any information exchanged or provided to the other party is true
and correct to the best of their knowledge.
E. With each payment of compensation required by Section 7.C, Company
shall furnish to the City a statement reflecting the total amount of gross
revenues received by Company within the City's municipal boundaries for
services identified in its Tariff, Section 6.1.2, "Discretionary Service
Charges," Items DD1 through DD24. The parties agree that any
information exchanged or provided to the other party is true and correct to
the best of their knowledge.
F If Company fails to pay when due any payment provided for in this
Section, Company shall pay such amount plus interest from such due date
until payment is received by City. Interest shall be calculated in
accordance with the interest rate for customer deposits established by the
PUC in accordance with Texas Utilities Code Section 183.003 for the time
period involved.
SECTION 8. MOST FAVORED NATIONS:
A. This Section 8 applies only if, after the effective date of this Franchise
Agreement, Company enters into a new municipal franchise agreement or renews an
existing municipal franchise agreement with another municipality that provides for a
different method of calculation of franchise fees for use of the Public Rights -of -Way than
the calculation under PURA, Section 33.008(b), which, if applied to the City, would
result in a greater amount of franchise fees owed the City than under this Franchise
Agreement.
B. In the event of an occurrence as described in Section 8 hereof, City shall
have the option to:
1. Have Company select, within 30 days of the City's request,
any or all portions of the franchise agreement with the other
municipality or comparable provisions that, at Company's sole
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discretion, must be considered in conjunction with the different method
of the calculation of franchise fees included in that other franchise
agreement; and
2. Modify this franchise agreement to include both the different
method of calculation of franchise fee found in the franchise agreement
with the other municipality and all of the other provisions identified by
Company pursuant to Section 8.B.1. In no event shall City be able to
modify the franchise to include the different method of calculation of
franchise fee found in the franchise agreement with the other
municipality without this franchise also being modified to include all of
the other provisions identified by Company pursuant to Section 8.B.1.
C. City may not exercise the option provided in Section 8 if any of the
provisions that would be included in this franchise are, in Company's sole opinion,
inconsistent with or in any manner contrary to any then - current rule, regulation,
ordinance, law, Code, or Charter of City.
D. In the event of a regulatory disallowance of the increase in franchise fees
paid pursuant to City's exercise of its option under Section 8, then at any time after the
regulatory authority's entry of an order disallowing recovery of the additional franchise
fee expense in rates, Company shall have the right to cancel the modification of the
franchise made pursuant to Section 8, and the terms of the Franchise shall immediately
revert to those in place prior to City's exercise of its option under Section 8.
E. Notwithstanding any other provision of this franchise, should the City
exercise the option provided in Section 8.B, and then adopt any rule, regulation,
ordinance, law, Code, or Charter of City that, in Company's sole opinion, is inconsistent
with or in any manner contrary to the provisions included in this franchise pursuant to
Section 8.B, then Company shall have the right to cancel all of the modifications to this
franchise made pursuant to Section 8 and, effective as of the date of the City's adoption
of the inconsistent provision, the terms of the franchise shall revert to those in place
prior to the City's exercise of its option under Section 8.
F. The provisions of Section 8 apply only to the amount of the franchise fee
to be paid and do not apply to other franchise fee payment provisions, such as the
timing of such payments. The provisions of Section 8 do not apply to differences in the
franchise fee factor that result from the application of the methodology set out in Section
33.008(b) of PURA or a successor methodology.
SECTION 9: RECORDS AND REPORTS:
A. Company shall keep accurate books of account at its principal office for
the purpose of determining the amount due to the City under this Franchise.
B. Company shall provide City with a report notifying the City of the basis
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
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period for which the quarterly payment was made, the Total kWh in that basis period,
the factor and the payment amount. This report may take the form of a letter to the City.
C. Pursuant to Section 33.008(e) of the Texas Utilities Code, the City may
conduct an audit or other inquiry in relation to a payment made by Company less than
two (2) years before the commencement of such audit or inquiry. The City may, if it sees
fit, and upon reasonable notice to the Company, have the books and records of the
Company examined by a representative of the City to ascertain the correctness of the
reports agreed to be filed herein.
D. The Company shall make available to the auditor during the Company's
regular business hours and upon reasonable notice, such personnel and records as the
City may, in its reasonable discretion, request in order to complete such audit, and shall
make no charge to the City therefore.
E. The Company shall assist the City in its review by responding to all
requests for information no later than thirty (30) days after receipt of a request.
F. The City agrees to maintain the confidentiality of any non - public
information obtained from Company to the extent allowed by law if Company identifies
the information as non - public prior to providing the information to City. City shall not be
liable to Company for the release of any information the City is required by law to
release. City shall provide notice to Company of any request for release of non - public
information prior to releasing the information so as to allow Company adequate time to
pursue available remedies for protection. If the City receives a request under the Texas
Public Information Act that includes information Company has identified as Company's
proprietary information, City will notify the Texas Attorney General of the proprietary
nature of the document(s). The City also will provide Company with a copy of this
notification, and thereafter Company is responsible for establishing that an exception
under the Act allows the City to withhold the information.
G. If either party discovers that the Company has either overpaid the City or
failed to pay the entire or correct amount of compensation due the City, the correct
amount shall be mutually determined by the City and Company and shall be paid by the
responsible party within thirty (30) calendar days of such mutual determination. Such
underpayments or overpayments shall include interest as provided for in Section 7.F.
Any overpayment to the City by Company through error or otherwise, will, at the option
of the City, either be refunded by City to Company within thirty (30) days of the mutual
determination or be offset against the next payment due from Company. If the parties
cannot mutually agree on either the underpayment due the City or an overpayment due
the Company, both the City and Company may seek any other rights and remedies
provided by law or in equity. Acceptance by the City or Company of any payment due
under this Section shall not be deemed to be a waiver by the City or Company of any
breach of this Franchise, nor shall the acceptance by the City or Company of any such
payments preclude the City or Company from later establishing that a larger amount
was actually due or from collecting any balance due.
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SECTION 10. TERM:
This Ordinance shall become effective upon Company's written acceptance hereof, said
written acceptance to be filed by Company with the City Secretary within sixty (60) days
after final passage and approval hereof. The right, privilege and franchise granted
hereby shall expire on December 31, 2027 provided that, unless written notice of
cancelation is given by either party hereto to the other not less than sixty (60) days
before the expiration of this franchise agreement, it shall be automatically renewed for
an additional period of six (6) months from such expiration date and shall be
automatically renewed thereafter for like periods until canceled by written notice given
not less than sixty (60) days before the expiration of any such renewal period.
SECTION 11. REPEALER CLAUSE:
This Ordinance shall supersede any and all other franchises granted by the City to
Company its predecessors and assigns, provided the parties agree any claim, action or
complaint by either party that arose under or pursuant to any such previous franchise
ordinance shall be preserved and saved from repeal, subject to all applicable statutes of
lim itations.
SECTION 12. DEFAULT, REMEDIES, TERMINATION:
A. Events of Default. The occurrence, at any time during the term of the
Franchise Agreement, of any one or more of the following events, shall constitute an
Event of Default by Company under this Franchise:
1. The failure of Company to pay the franchise fee on or before
the due dates specified herein.
2. Company's material breach or material violation of any
material terms, covenants, representations or warranties contained
herein.
B. Uncured Events of Default.
1. Upon the occurrence of an Event of Default which can be
cured by the immediate payment of money to City or a third party,
Company shall have thirty (30) calendar days from receipt of written
notice from City of an occurrence of such Event of Default to cure
same before City may exercise any of its rights or remedies provided
for in Section 12.C.
2. Upon the occurrence of an Event of Default by Company
which cannot be cured by the immediate payment of money to City or
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Page 12
a third party, Company shall have sixty (60) calendar days (or such
additional time as may be agreed to by the City) from receipt of written
notice from City of an occurrence of such Event of Default to cure
same before City may exercise any of its rights or remedies provided
for in Section 12.C.
3. If the Event of Default is not cured within the time period
allowed for curing the Event of Default as provided for herein, such
Event of Default shall, without additional notice, become an Uncured
Event of Default, which shall entitle City to exercise the remedies
provided for in Section 12.C.
C. Remedies. The City shall notify the Company in writing of an
alleged Uncured Event of Default as described in Section 12.B, which notice
shall specify the alleged failure with reasonable particularity. The Company
shall, within thirty (30) business days after receipt of such notice or such longer
period of time as the City may specify in such notice, either cure such alleged
failure or in a written response to the City either present facts and arguments in
refuting or defending such alleged failure or state that such alleged failure will be
cured and set forth the method and time schedule for accomplishing such cure.
In the event that such cure is not forthcoming, City shall be entitled to exercise
any and all of the following cumulative remedies:
1. The commencement of an action against Company at law for
monetary damages.
2. The commencement of an action in equity seeking injunctive
relief or the specific performance of any of the provisions that as a
matter of equity, are specifically enforceable.
3. The termination of this Franchise.
D. The rights and remedies of City and Company set forth in this Franchise
Agreement shall be in addition to, and not in limitation of, any other rights and remedies
provided by law or in equity. City and Company understand and intend that such
remedies shall be cumulative to the maximum extent permitted by law and the exercise
by City of any one or more of such remedies shall not preclude the exercise by City, at
the same or different times, of any other such remedies for the same failure to cure.
However, notwithstanding this Section or any other provision of this Franchise, City
shall not recover both liquidated damages and actual damages for the same violation,
breach, or noncompliance, either under this Section or under any other provision of this
Franchise.
E. Termination. In accordance with the provisions of Section 12.C, this
Franchise may be terminated upon thirty (30) business days prior written notice to
Company. City shall notify Company in writing at least fifteen (15) business days in
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
Page 13
advance of the City Council meeting at which the question of forfeiture or termination
shall be considered, and Company shall have the right to appear before the City Council
in person or by counsel and raise any objections or defenses Company may have that
are relevant to the proposed forfeiture or termination. The final decision of the City
Council may be appealed to any court or regulatory authority having jurisdiction. Upon
timely appeal by Company of the City Council's decision terminating the Franchise, the
effective date of such termination shall be either when such appeal is withdrawn or an
order upholding the termination becomes final and unappealable. Until the termination
becomes effective the provisions of this Franchise shall remain in effect for all purposes.
The City recognizes Company's right and obligation to provide service in accordance
with the Certificate of Convenience and Necessity authorized by the Public Utility
Commission of Texas in accordance with the Texas Utilities Code.
F. This Franchise Ordinance shall be construed and governed by the laws of
the State of Texas. City and Company agree that any lawsuit between the City and the
Company concerning this Ordinance will be filed in the state of Texas. Nothing in this
Ordinance shall prohibit the City from filing an action related to this Ordinance in Parker
County, Texas.
SECTION 13. NOTICES:
Notices, reports or demands required to be given under this franchise shall be deemed
to be given when delivered in writing, personally to the person designated below, or
when five days have elapsed after it is deposited in the United States Mail with
registered or certified mail postage prepaid to the person designated below, or on the
next business day if sent by Express Mail or overnight air courier addressed to the
person designated below:
If to City:
City Manager
City of Kennedale, Texas
405 Municipal Drive
Kennedale, Texas 76060
SECTION 14. SEVERABILITY:
If to the Company:
Regulatory Affairs
Oncor Electric Delivery Company LLC
1616 Woodall Rodgers Fwy, 6th floor
Dallas, Texas 75202 -1234
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional by any court or agency of competent
jurisdiction, such portion shall be deemed a separate provision and such holding shall
not affect the validity of the remaining portions of the ordinance.
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
Page 14
SECTION 15. ASSIGNMENT:
The rights granted by this Franchise Agreement inure to the benefit of the Company and
any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights
shall not be assignable without the express written consent, by Ordinance, of the City
Council of the City, unless otherwise superseded by state laws, rules, or regulations or
Public Utility Commission of Texas action, and such consent by City shall not be
unreasonably withheld or delayed, except the Company may assign its rights under this
Franchise Agreement to a parent, subsidiary, affiliate or successor entity without the
City's consent, so long as such parent, subsidiary, affiliate or successor assumes all
obligations of Company hereunder, and is bound to the same extent as Company
hereunder. The Company shall give the City written notice of any such assignment to a
parent, subsidiary, affiliate or successor entity.
PASSED AND APPROVED ON FIRST AND FINAL READING ON THIS
DAY OF , 2013.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF KENNEDALE
§
§
§
MAYOR
City of Kennedale
ATTEST:
CITY SECRETARY
City of Kennedale
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
Page 15
I, , City Secretary of Kennedale,
Tarrant County, Texas, do hereby certify that the above and foregoing is a true and
correct copy of an ordinance passed and approved by the City Council of Kennedale,
Texas, at a session, held on the day of
, 2013, at a session as it
appears of record in the Minutes in Book , page
WITNESS MY HAND AND SEAL OF KENNEDALE, this the day of
A. D. 2013.
City Secretary
Kennedale, Texas
Oncor Electric Delivery Company LLC /City of Kennedale Electric Franchise
Page 16
KENNEDALE
You 're Here,Your Home
www.cityofkennedale.com
Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - B.
I. Subject:
Consider casting votes for the 2013 -2014 Tarrant Appraisal District Board of Directors.
II. Originated by:
Bob Hart
III. Summary:
Please see the attached regarding nominees who have provided background information.
The City of Kennedale is allocated 6 votes
The KISD School Board voted to nominate Michael P O' Donnell.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.
TAD Ballot
20131104151911158.tif
2.
David Averitt Info
David Averitt - TAD Resume.doc
Tarrant Appraisal Dishirt
OFFICIAL BALLOT
ELECTION OF MEMBERS TO THE BOARD OF DIRECTORS
TARRANT APPRAISAL DISTRICT
We, the governing body of City of Kennedale having been advised by the Chief Appraiser of
Tarrant Appraisal District that we are entitled to cast 6 votes collectively or separately for the
following nominees for the Board of Tarrant Appraisal District:
David Averitt
Johnny Bennett
John Deithloff
John Eubanks
John Fegan (Mr. Fegan has withdrawn his name for consideration for this term.)
Michael Glaspie (Mr. Glaspie has withdrawn his name for consideration for this term.)
Mike Leyman
John Molyneaux
Michael P. O'Donnell
Joe Potthoff
do hereby resolve and order that City of Kennedale cast and does hereby cast its votes as
follows:
Passed this
votes for
votes for
votes for
votes for
votes for
day of , 2013
Presiding Officer
ATTEST
, Secretary or Clerk, City of Kennedale
IMPORTANT: This ballot should be returned by December 15, 2013 to Jeff Law, Chief Appraiser, Tarrant
Appraisal District, 2500 Handley- Ederville Rd., Fort Worth, Texas, 76118
David Averitt
Residence:
• 1970 — Present: Haltom City, Tarrant County, Texas.
Occupation:
• 1999 — Present: Broker / Owner: Averitt Realty and Property Management.
Public Service:
• Current member of the Tarrant Appraisal District Board of Directors; Appointed
January 2012.
• Elected to Haltom City Council Place 3: May 2010.
• Current Member of the Haltom City Finance Audit Committee.
• Current Council liaison to the Haltom City Zoning Board of Adjustments.
• Past Member of the Birdville Education Foundation.
• Elected to Haltom City Council 1993 -95 and 2000 -04.
• Past member of Haltom City Finance Audit Committee.
• Past Council Liaison to Haltom City Beautification Board.
• Past Member of the Haltom City Park & Recreation Board.
• Past member of the Haltom City Library Board.
• Past member of the Haltom City Economic Development Corporation.
• Past Council Liaison to Haltom City Planning & Zoning Commission.
• Past Member Haltom City Bond Study Committee.
• Past Council Liaison to the Haltom City Housing Authority.
• Past Council liaison to the Haltom City Park & Recreation Board.
• Past Member Haltom City Recycling Task Force.
• Graduate of the Haltom City Citizens Fire Academy.
KENNEDALE
You 're Here,Your Home
www.cityofkennedale.com
Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - C.
I. Subject:
Consider appointing a Chair and Vice Chair for the 2013 -2014 Board of Adjustment /Building Board of
Appeals.
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
During its November meeting, the BOA /BBA elected Rick Adams and chair and Pat Vader as vice - chair.
This agenda item is for the Council to approve or deny the appointments of chair and vice - chair.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
Staff Report to the Commissioners
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - D.
I. Subject:
CASE # PZ 13 -08 to receive comments and consider approval of Ordinance 540, regarding action on a request
by Ashton Holdings, Inc. for a zoning change for approximately 6.3 acres from "OT" Old Town District to "PD"
Planned Development District located at 260 Hilltop (access on 3rd St), legal description of Hilltop Addition Block
1 Lots 1 -15.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request: Rezone from "OT" Old Town to "PD" Planned Development District
Location: Hilltop, accessed from 3rd St (see map included in exhibits)
Applicant: Ashton Holdings, Inc., Adlai Pennington, President
Background.
The subject property was platted in the 1950s as a 15 -lot subdivision (see attached plat drawing). The property
was never developed but is surrounded by other lots that have been developed. Many of the surrounding
properties are large lots with single family homes; typical lots are narrow and deep, with the houses sitting
closer to the street than is usual in newer neighborhoods.
Ashton Holdings has requested to rezone the property as a Planned Development District. The proposed
standards would keep the same or larger lot width, depth, and area required by the OT district but would allow
for building materials more in keeping with the character of Old Town (see attached table). The proposed PD
would also add standards for architectural style and would require a larger minimum home size than is
required in the OT district. The proposed standards are intended to establish a neighborhood character
reflecting of Old Town's history and the city's goals for this area. Please see the attached table for a more
detailed comparison of the standards required for OT districts by Sec. 17 -405 of the city code and the proposed
PD standards.
This case was originally proposed to be considered at the same time as a replat request, but after the notices
were mailed, the applicant requested the replat be postponed for one month. Several residents spoke at the
public hearing, and many of their comments were about matters to be considered during the platting stage
(see Planning & Zoning Commission Review, below). We expect the replat request to be on Council's January
agenda.
Staff Review.
Compliance with the comprehensive land use plan.
The comprehensive plan identifies the Hilltop Addition as part of the Downtown Village. The plan describes the
Downtown Village as
follows.
The Downtown Village preserves and expands the original downtown street grid and block pattern. Uses should
include a relatively dense mix of residences and businesses. The village should be easily accessible by
pedestrians from the Towncenter and other nearby areas. This village will serve as a gateway into the center of
Kennedale, distinguishing it from neighboring communities. Sample development types include small lot single
family residential, townhomes, specialized retail, and pocket
parks.
The proposed development is small -lot single family, which fits the character of the Downtown Village district.
Ideally, the development would provide a connection to TownCenter, but since the Hilltop Addition does not
include land connecting to Corry A Edwards Dr, a connection is not possible through this development.
The proposed architectural styles and materials support and enhance the historic character Old Town and the
desired character of the Downtown Village.
Staff considers the proposed PD to be in compliance with the comprehensive land use plan.
Compliance with the strategic plan.
The Strategic Plan recommended "that steps be taken to revise all residential definitions and standards to
reflect current market conditions," which included Traditional Neighborhood Development. The lot size,
setbacks, and materials proposed for this PD are characteristics commonly found in TNDs.
Compliance with City Council priorities.
Several of the Council's goals are related to this rezoning request. One objective under the goal Enhance the
Business Climate is to increase the number of residents, which increases the viability of local businesses.
Increasing residents is especially important for the west side of town; residents on the east side tend to visit
businesses in Arlington, but it is hoped that residents on the west side will be more likely to visit businesses in
TownCenter or elsewhere within the city limits.
Another related goal is Balance the Tax Burden. This goal mainly calls for increasing the number and type of
businesses, but a related objective raised by the Council is to increase housing density (in context sensitive
design and location in compliance with the comprehensive plan). The proposed rezoning would allow for
development that increases density in keeping with the character of Old Town.
Staff Recommendation.
The requested rezoning is in compliance with the comprehensive plan, the strategic plan, and city council
goals. Moreover, this property was platted over fifty years ago and has since sat vacant. Infill development
provides property tax revenue and additional residents to the city at a lower cost for infrastructure installation
and maintenance than development at city edges. Infill development thus tends to be more cost - effective for
the city over the long -term. Also, an addition like the one proposed would help sustain the historic character of
the neighborhood.
Staff recommends approval of the rezoning request.
Planning and Zoning Commission Recommendation.
The Planning & Zoning Commission considered this case during its November meeting.
Several residents spoke against the request during the public hearing. The main concerns were drainage and
concerns about safety from an increase in traffic and limited visibility at the proposed Hilltop /3rd St.
intersection. Several Old Town residents were also opposed to removing the requirement of 80% masonry.
Drainage should be addressed during the replatting stage. The city's engineers have done a preliminary review
of the site plan, and we have sent their comments to the applicant to be addressed as part of the replat request
to be considered by the P &Z this month.
The Commission recommended approval of the request (5 in favor, 1 opposed, and 1 abstaining) with several
conditions. Some of the conditions were intended to address concerns brought up during the public hearing,
and some were intended to ensure the development meets the city's vision for the character of the Downtown
Village. The conditions are as follows (and are indicated in the attached ordinance as underlined text).
1. The front plane of the garage must be set back from the front plane of the primary structure, with the
garage setback a minimum of 20' from the street right -of -way and the front porch setback a minimum of 15'.
2. Primary structures shall have exterior facades of a minimum of 25% masonry.
3. Street lighting shall be decorative and aesthetically compatible with the character of the district.
4. The developer shall adequately address storm water run -off resulting from developing property within the
district. Construction plans submitted to the city shall include detailed drainage plans.
5. Elevations shall not repeat more than once every fifth house.
6. A Home Owners' Association shall be required, and the HOA shall be responsible for maintaining drainage
facilities.
7. The developer shall conduct a traffic study.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1.
PZ 13 -08 ordinance Exhibit A
PZ 13 -08 exhbt A.pdf
2.
PZ 13 -08 Exhibit B
PZ 13 -08 exhibit b.pdf
3.
PZ 13 -08 Exhibit C, Site Plan
PZ 13 -08 Exhibit C site plan.pdf
4.
PZ 13 -08 code comparison table
PZ 13 -08 comparison table.pdf
5.
Hilltop Addn plat (original)
Hilltop Addn to Kennedale (1955) blueline.pdf
6.
PZ 13 -08 application
PZ 13 -08 application.pdf
7.
PZ 13 -08 application illustration
PZ 13 -08 appl illustr.pdf
8.
PZ 13 -08 draft ordinance -- PZ
recommendations
PZ 13 -08 draft PD ordinance -- PZ
recommendation.docx
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
10
DESCRIPTION OF PROPERTY
Being 6.30 acres of land out of the Jacob Prickett Survey, Abstract Number 1225 and being all of Lots 1-
15, Block 1, HILLTOP ADDITION according to the plat recorded in Volume 388 -2, Page 68, Plat Records of
Tarrant County, Texas as conveyed to Rockshield Investments according to the deed recorded in Clerk
Instrument Number D207423630, Deed records of Tarrant County, Texas and being more particularly
described as follows:
BEGINNING at a 5/8" iron rod found for corner being the northeast corner of Lot 1, Block 1, Gregory
Addition according to the plat recorded in Cabinet B, Slide 2846, P.R.T.C.T.;
THENCE, South 89 degrees 32 minutes 00 seconds West, along the north line of said Gregory Addition
and the north line of Lot 1, Block 1, Roberson Addition according to the plat recorded in Cabinet B, Slide
2223, P.R.T.C.T., 262.00 feet to a 3/4" iron rod found for corner, being the northwest corner of said
Roberson Addition;
THENCE, North 01 degrees 05 minutes 00 seconds West, along the west line of said Hilltop Addition,
567.20 feet to a 3/4" iron rod found for corner;
THENCE, North 89 degrees 55 minutes 00 seconds East, along the north line of said Hilltop Addition,
575.00 feet to a 3/4" iron rod found for corner;
THENCE, South 01 degrees 11 minutes 00 seconds East, along the east line of said Hilltop Addition,
347.00 feet to a 3/4" iron rod found for corner;
THENCE, South 88 degrees 46 minutes 00 seconds West, along the north line of a tract of land conveyed
to Bobby Joe Camp according to the deed recorded in Volume 16153, Page 200, D.R.T.C.T., 259.00 feet
to a 3/4" iron rod found for corner;
THENCE, South 00 degrees 00 minutes 00 seconds East, along the west line of said Camp tract, 377.00
feet to a 1/2" iron rod found for corner, being in the existing north right -of -way line of Third Street;
THENCE, North 90 degrees 00 minutes 00 seconds West, along the existing north right -of -way line of
said Third Street, 50.51 feet to a 1/2" iron rod found for corner, being the southeast corner of said
Gregory Addition;
THENCE, North 00 degrees 00 minutes 00 seconds West, along the east line of said Gregory Addition,
163.70 feet to the POINT OF BEGINNING.
The tract of land herein described contains 6.30 acres of land.
EXHIBIT "B"
MAP OF PROPERTY
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EXHIBIT "C"
CONCEPTUAL PLAN (PRELIMINARY SITE PLAN)
PZ 13 -08 comparison table
Standard /Regulation Existing — Old Town 1 Proposed — PD
Lot Width
Lot Depth
Minimum Lot Area
50'
80'
5,000 sq ft
50'
110'
5,000 sq ft
Front Setback 20'
Side Setback, interior 5'
Side Setback, corner
Rear Setback
5'
15'
20'
5'
15' (adjacent to r -o -w)
5'
Minimum building size
(livable area)
1,000 sq ft
1,350 sq ft
Building materials
80% masonry; 20% materials as Masonry, hardie - plank, stucco, stone
desired by builder /home owner
Street trees Not regulated in zoning code
L
A minimum of 1 (3 ") caliper tree is
required for each residential lot to be
planted centered between the
sidewalk and the curb.
Landscaping
Not regulated in zoning code All homes shall have sodded front and
rear lawns and be fully sprinklered.
Fencing
n/a — no minimum height
All lot fencing shall be 6' high except
for fencing parallel with the street in
the sideyard setback, which shall be 6'
wrought iron.
Elevations
Not regulated in zoning code
All front elevations will be articulated
to accommodate a useful porch of at
least 48 square feet. All elevations will
have a combination of two building
material types.
Roof Not regulated in zoning code
All roofs shall be a minimum of 6/12
pitch.
Architectural styles
Not regulated in zoning code
Garage Doors
Sidewalks
All homes shall be consistent with
cottage scale and will include varied
architectural styles, including Victorian,
Craftsman, and Texana.
Not regulated in zoning code All garage doors shall be stained
decorative wood panel.
4 feet minimum width I 4 feet minimum width
Lot size, width, and depth meet or exceed existing regulations for development in Old Town.
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KENNEDALE
Planning Department
www.cityofkennedale.com
PETITION FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE #
(assigned by city staff)
DATE: 1
/1
City Council
City of Kennedale
Kennedale, Texas 76060
?L 13--08
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
You are hereby respectfully requested to approve the following request for a change of zoning
classification. I, the applicant, request to change the zoning classification of the property described on
Exhibit "A" attached, from its current zoning classification of
D \0 )Yi
11
attached. The property totals some
acres.
to that of
in its entirety as shown on Exhibit "B"
A statement of why the zoning change should be approved is attached to this application. I
understand that I must satisfy the Council that either the general welfare of all the city affected by the
area to be changed will be enhanced, or that the property is unusable for the purposes allowed under
existing zoning.
Legal Description is (—CrV S ItiCIC t 1—\" 1 \\ \ i�.) ACiC1451/1
Present use of the property is G ' t".
Address of the property is
Property Owner's Name:
Address:
Telephone Number:
ii\s40%.-, ciAA
-76 l
;37:;°c-, -
-1%t i
5cpt
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817 -985 -2135 1 Fax: 817 - 483 -0812
KENNEDALE
Planning Department
www.c ityofken n eda le.com
Applicants Name:
Address:
Telephone Number:
\;Ll\ 9c4L‘
\2)15 (00+0"7,v‘
If applicant is not the owner, an owner's affidavit must be submitted with this application.
I, the applicant, understand that city staff, the Planning & Zoning Commission, or the City Council may
request from me a site plan or other supporting documents concerning the nature, extent, and impact
of my request for rezoning, in addition to what I supply with my application for a change in zoning.
f further certify that /\ >� iia)c4 Vilicathe sole owner(s) of the property
described in the legal description and shown in the map attached to this application, as of the date of
cation.
Applicant Si iature
)°116
!. 3
Date
405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817 -985 -2135 I Fax: 817- 483 -0812
PLANNED DEVELOPMENT DISTRICT Single Family
Residential
The Village at Hilltop
1.1 Building Materials:The acceptable exterior building materials are
hardiplank, masonry, stucco, and stone.
1.2 Street Trees: A minimum of 1 (3 ") caliper tree is required for
each residential lot to be planted centered between the sidewalk and the curb.
1.3 Fencing: All lot fencing shall be 6' high except for fencing parallel
with the street in the sideyard setback which shall be 6' wrought iron.
1.4 Building Size: The minimum square footage of homes shall be
1350 SF of air conditioned space, not including garage and porches.
1.5 Design Elevations: All front elevations will be articulated to accommodate a
useful porch of at least 48 square feet. All elevations will have a combination of 2
building material types.
1.6 Roof: All roofs shall be a minimum of 6/12 pitch.
1.7 Architectural styles: All homes shall be consistent with cottage scale
and will include varied architectural styles, including Victorian, Craftsman, and
Texana.
1.8 Landscape:
fully sprinklered.
1.9 Garage Doors:
panel.
All homes shall have sodded front and rear lawns and be
All garage doors shall be stained decorative wood
1.10 Sidewalks: Each home will have 4' sidewalk in right of way.
The Village at Hilltop Narrative
The Village at Hilltop is a 28 lot infill community located at 601 North
Street, Kennedale in the Old Town section of Kennedale. The mission of
The Village at Hilltop is to provide a new home alternative to the large
lot and large home housing stock in Kennedale. The empty nest and
young professional market is currently underserved in Kennedale.
Further the central location of Hilltop makes it a perfect site for families
and individuals who want to access the services that are within walking
distance. Town Center and the associates retail services including
pharmacy, senior center, banking and restaurants, etc. are all within
walking distance. This walkable convenience is highly desirable to both
empty nesters and young professionals.
The Village at Hilltop is planned to begin construction in January 2014
and be complete by June 2014 and ready for new home construction.
The marketing program has scheduled sales of about 1 home per
month so the build out should be early 2016.
The Village at Hilltop was platted in 1955 as a 15 lot subdivision. The
property will be owned and developed by Ashton Holding, Inc. and
Summit Homes located here in Kennedale will be the community
builder.
The Village at Hilltop will embrace the architectural characteristics of a
small town. With varied building materials and a wide range of styles
Hilltop will perpetuate the feel of older enclave in Kennedale.
v
CITY OF KENNEDALE ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM "OT" OLD TOWN DISTRICT TO "PD"
PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR THE AMENDMENT
OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES;
PROVIDING THAT TIDS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its charter
adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a
comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and
land for business, industrial, residential, or other purposes, for the purpose of promoting the public health,
safety, morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the City of Kennedale desires to promote the development of certain infill property
located in the Original Town of Kennedale, and which was platted more than 50 years ago but never
developed, when such development is consistent with the comprehensive land use plan; and
WHEREAS, the redevelopment of this property provides an opportunity to implement the
comprehensive plan's vision for the Downtown Village character district; and
WHEREAS, Ashton Holdings, Inc. wishes to develop the property described below as a Planned
Development District, in compliance with the comprehensive land use plan; and
WHEREAS, the City of Kennedale believes the development as proposed would help achieve the
vision set forth in the comprehensive land use plan; and
WHEREAS, Ashton Holdings, Inc., which has a proprietary interest in said property being an
approximately 6.3 acre tract in the Jacob Prickett Survey A -1225, more particularly described as Hilltop
Addition Block 1 Lots 1 -15, Tarrant County, Texas, has filed an application to rezone the property from its
present classification of "OT" Old Town District to a "PD" Planned Development District; and
WHEREAS, the City Council has determined that a planned development zoning district is the most
1
appropriate zoning district to facilitate the development of the property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of
Kennedale on the 21St day of November 2013 and by the City Council of the City of Kennedale on the
12th day of December 2013 with respect to the zoning changes described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners, publication and all
procedural requirements have been complied with in accordance with Chapter 211 of the Local Government
Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to amend the
City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the
uses in the hereinafter described area shall be changed and or restricted as shown and described below:
An approximately 6.3 acre tract in the Jacob Prickett Survey, more particularly described as
Hilltop Addition Block 1 Lots 1 -15, Tarrant County, Texas ( "the Property "), as more
particularly described on Exhibit "A" attached hereto and incorporated herein, from "OT" Old
Town District to The Hilltop Planned Development District ( "Hilltop PD ") for residential use
with modified restrictions, as more fully described on the Concept Plan, attached hereto as
Exhibit "C" and incorporated herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set forth in the
Concept Plan, attached hereto as Exhibit "C ", and the Concept Plan is hereby approved. The use of the
Property shall further conform to the standards and regulations of the "OT" Old Town District and to Chapter
17, Division 10 Subdivision Design Criteria of the City of Kennedale City Code, to the extent not modified in
this Ordinance and the document attached as Exhibit "C ", and shall be subject to all other applicable
regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the City
of Kennedale, where not otherwise controlled by the regulations set forth below. The Property shall conform
to the following supplemental standards and regulations, which shall supersede any other requirements to
the extent of a conflict:
2
1 Permitted Uses. The only permitted uses in the "Hilltop PD" shall be:
single family detached residential;
park, playground, or open space, including detention or retention facilities;
accessory building (other than a guest house), when such use does not exceed fifteen (15) feet in
height, is a subordinate building incidental to that of the main building on the same lot, has a maximum
interior floor area of fifteen (15) percent of the living space of the primary structure, and is constructed of
masonry (as defined in Kennedale city code), stone, 3- coat/3 -step stucco, or Hardie -Plank or material
equivalent to Hardie -Plank in quality and durability, with city staff to determine whether alternative materials
are equivalent to Hardie - Plank;
guest house, when such use does not exceed fifteen (15) feet in height and is a subordinate building
incidental to that of the main building on the same lot, has a maximum living space of fifteen (15) percent of
the living space of the primary structure, is constructed of masonry (as defined in Kennedale city code),
stone, 3- coat/3 -step stucco, or Hardie -Plank or material equivalent to Hardie -Plank in quality and durability,
with city staff to determine whether alternative materials are equivalent to Hardie - Plank, and is not used as a
rental residence or permanent living facility.
2. Density. The number of residential lots within the Hilltop PD shall not exceed 28. The Hilltop
PD shall have a minimum of one (1) lot dedicated for open space or storm water detention. When used as
storm water detention, the lot(s) shall be designed to include natural features, such as plants or grasses, so
that the detention facility also serves as a neighborhood amenity.
3. Lot size. Lot size requirements shall be as follows.
Lot Type
Maximum Number
of Lot Type
Minimum Lot
Width
Minimum Lot
Depth
Minimum Lot Area
Residential
28
50
110
5,500
Public /Detention
n/a
n /a*
n /a*
n /a*
*Minimum size of detention facilities shall be determined during platting and final
construction design.
4. Lot coverage. Lot coverage shall not exceed seventy (70) percent of the lot. Lot coverage
3
means the percentage of the total area of a lot occupied by the first story or ground floor of all buildings
located on the lot.
5. Minimum livable area. The minimum livable area for all primary residential structures is 1,350
square feet.
6. Setbacks. The Hilltop PD herein approved shall require the following minimum setbacks:
Lot Type
Front Setback
Minimum (ft.)
— primary
structure
Front Setback
Rear Setback
Minimum (ft.)
Side Setback
Minimum —
R -o -W Adjacent
(ft.)
Side Setback
Minimum —
Interior (ft.)
Minimum (ft.) —
garage
Residential
151
202
5
15
5
Public /Detention
n/a
n/a
n/a
n/a
n/a
1 For the purposes of this sub - section, the front setback is measured from the exterior plane of the front porch
(required by this ordinance)
2 The front plane of the garage must be set back a minimum of two (2) feet from the main entry door plane.
7. Building height. Buildings shall not exceed a height of two and one half (2 %2) stories, at a
maximum of forty (40) feet in height.
8. Building materials. All primary structures shall be constructed of stone, Hardie -Plank or
material equivalent to Hardie -Plank in quality and durability, with city staff to determine whether alternative
materials are equivalent to Hardie - Plank, or 3- coat/3 -step stucco. All primary structures shall use a minimum
of 25% masonry.
9. Elevations. All exterior elevations shall be constructed of at least two building material types.
No elevation shall be used more than once in every five contiguous lots (i.e., the first and sixth lots in a row
may contain the same elevation, but the second, third, fourth, and fifth may not). No identical elevation shall
be repeated on any lot directly across the street. Elevations shall be substantially different beyond simple
mirrored plans, or garage or window relocation, and shall include combinations of architectural variety such
as: front porches, dormers, gables, bay windows, roof pitch, or other such architectural features that
substantially differentiate house facades.
10. Architectural style. All homes shall be consistent with cottage scale and shall include
4
architectural styles consistent with the historic character of Old Town, including Victorian, Craftsman, and
Texana.
11. Front porches. All homes shall have a usable front porch of a minimum size of forty -eight (48)
square feet.
12. Roof pitch. All homes shall have a minimum roof pitch of 6/12.
13. Parking. Parking spaces for at least two (2) motor vehicles shall be provided in an enclosed
garage for any single family dwelling constructed within the Hilltop PD. All garage doors shall be stained
decorative wood panel. Front entry garages may occupy a maximum of fifty (50) percent of the house linear
frontage. J -swing garages that accommodate more than two (2) vehicles are prohibited.
14. Landscaping. Landscaping shall be regulated by the Kennedale City Code except as otherwise
controlled by this ordinance.
a. Lawns. All residential lots shall have sodded front and rear lawns and shall be fully sprinklered.
b. Plants. Use of native or adaptive xeriscape plants is encouraged. Landscaping shall be
maintained in good condition.
c. Street trees. A minimum of one (1) tree of three (3) inch caliper or greater shall be required for
each residential lot, to be planted centered between the sidewalk and the curb. The developer
shall be responsible for installation of all street trees and shall ensure tree selection and
installation are sufficient to ensure a long tree life. The developer shall be responsible for
maintenance and replacement of trees, as needed, for a period of two (2) years after the
development's public improvements have been accepted by the city.
d. Irrigation. Sprinkler systems should be controlled by an automatically controlled timer, unless
the use of the property would otherwise prohibit use of a timer. Irrigation systems shall be
installed with a rain shut off sensor. The irrigation system shall be designed so that overspray
onto structures, streets, sidewalks, windows, walls, and fences is minimized.
i. High- efficiency irrigation systems, such as (but not limited to) drip or soaker hose systems,
are required for non -turf areas.
ii. Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve) shall be required
as close as possible to the point of connection of the water supply to minimize water loss in
5
case of an emergency (such as a main line break) or routine repair.
iii. The use of rain cisterns is permitted.
1. Cisterns must be located in the rear yard or side yard and must be screened so as not
to be seen from the public street. Screening must meet the screening materials
regulations of the Kennedale City Code.
2. Cisterns may not exceed ten (10) percent coverage in any required yard.
3. A cistern of less than three (3) feet in diameter may be placed anywhere in the rear
yard. A cistern with diameter of three (3) feet or more shall be a minimum of eight (8)
feet from any side lot line and eight (8) feet from any rear lot line.
4. A cistern may not be greater than six (6) feet in height.
e. Protection of quality trees. The Zoning Administrator may approve a deviation from the lot
layout or street layout shown Exhibit "C" in order to retain and protect an existing quality tree,
as defined in the Chapter 16, Article VI of the Kennedale City Code. Permission to deviate
from the approved Site Plan must be requested, in writing, by the developer.
15. Driveways and Access. All entry and exit points shall conform to the approved Concept Plan
and supporting documents, as depicted in Exhibit "C ", and shall conform to the standards of the City of
Kennedale public works design manual and the City of Kennedale subdivision design criteria of Chapter 17,
Division 10 of the City of Kennedale Code of Ordinances, unless otherwise regulated by this ordinance.
Notwithstanding the above, it is understood that the exact entry and exit point for the subdivision developed
under the Hilltop PD may need to be adjusted due to topographic, soil, or other similar development
constraints, and therefore the entry and exit point may be modified with written approval of the Director of
Public Works. The Director of Public Works may approve such requests if they are made in writing and
present evidence of development constraints that would prohibit the safe ingress or egress of traffic at the
location approved in the Concept Plan, but the Director is not required to grant such requests.
16. Sidewalks. Sidewalks are required within the Hilltop PD and shall be constructed according to
the requirements of the City of Kennedale Code of Ordinances, the City of Kennedale Public Works Design
Manual, and any other applicable regulations, where not otherwise controlled by this ordinance. Sidewalks
may be constructed of permeable materials and may be designed and constructed using low- impact
6
development standards if approved, in writing, by the Director of Public Works. Review and approval of low -
impact infrastructure or public facilities shall follow the process for review and approval of standard
infrastructure or public facilities as set forth in the codes, regulations, and design manuals of the City of
Kennedale. Low - impact development standards shall not be approved unless the Director of Public Works
is satisfied the materials and construction methods used will meet the same standards for safety and
durability as used in standard sidewalk construction within the City of Kennedale.
17. Street lighting. Street lighting shall be decorative and shall be aesthetically compatible with the
character of the district.
18. Drainage. The developer(s) shall adequately address storm water run -off resulting from
developing property within the district. Construction plans submitted to the city shall include detailed
drainage plans.
19. Home owners' association. The developer shall establish a home owners' association, which
shall be responsible for maintaining drainage facilities and common areas within the district.
20. Traffic study. The developer shall conduct a traffic impact study to study impact on traffic and
traffic safety stemming from the proposed development. The study shall be submitted to the city no later
than the date construction plans for the development are submitted.
SECTION 3.
The zoning districts and boundaries as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the
community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic,
flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid
undue concentration of population, to facilitate the adequate provisions of transportation, water,
sewerage, parks and other public requirements. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the changes in
7
classifications approved herein.
SECTION 5.
The use of the properties hereinabove described shall be subject to all the applicable regulations
contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the
City of Kennedale, Texas.
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of
the City of Kennedale, Texas (1991), as amended, including but not limited to all Ordinances of the City of
Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances
except in those instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations
of any ordinances governing zoning or of any amendments thereto that have accrued at the time of the
effective date of this Ordinance and as to such accrued violations and all pending litigation both civil and
criminal same shall not be affected by this Ordinance but may be prosecuted until final disposition by the
Courts.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases clauses sentences
paragraphs and sections of this ordinance are severable and if any phrase clause sentence paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases clauses
sentences paragraphs and sections of this ordinance since the same would have been enacted by the City
8
Council without the incorporation in this ordinance of any such unconstitutional phrase clause sentence
paragraph or section.
SECTION 1 0.
The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty
clause publication clause and effective date clause of this ordinance in every issue of the official newspaper
of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly
newspaper as authorized by Section 3.10 of the City of Kennedale Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law and it is so ordained.
PASSED AND APPROVED ON THIS 12TH DAY OF DECEMBER 2013.
MAYOR SECRETARY
EFFECTIVE: u
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
9
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
Staff Report to the Commissioners
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - E.
I. Subject:
CASE # PZ 13 -10 to receive comments and consider approval of Ordinance 541, regarding a request by Ashton
Holdings, Inc. for a zoning change for approximately 4.3 acres from "AG" Agricultural District to "R -1" Single
Family Residential District for property owned by Ricardo Trevino and located at the corner of Swiney Hiett Rd
and Collett Sublett Rd, legal description of Oliver Acres Addition Block 2 Lot 6.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request: Rezone from "AG" Agricultural to "R -1" Single Family Residential
Location: corner of Swiney Hiett and Collett Sublett
Applicant: Ashton Holdings, Inc., Adlai Pennington, President
Background.
This property was platted more than 70 years ago as part of the Oliver Acres subdivision. Most of the other lots
in Oliver Acres were developed as large lot single family homes, but this lot is still undeveloped. Nearby
neighborhoods include Beacon Hill (across the street, at Mansfield Cardinal and Swiney Hiett) and Falcon Wood
(across the street, between Swiney Hiett and Eden). The primary land use in this area is residential.
Ashton Holdings has requested to rezone the property in question from its current zoning of AG Agricultural to
that of R -1 Single Family Residential. A summary comparison of the development standards for each district is
as follows:
• Minimum lot area under AG zoning is 1 acre, whereas R -1 lots are required to be at least 1/2 an acre. A
change in zoning would increase the potential number of lots from 4 to 8.
• Minimum lot width is smaller in the current zoning, but minimum lot depth is the same in the two
districts.
• Front and side setback minimums are the same in AG and R -1, but required rear setbacks are smaller in
R -1 than in AG districts.
• The minimum living area for homes and the masonry requirements are the same in both districts.
Staff Review.
Compliance with the comprehensive land use plan.
The comprehensive land use plan identifies this area as Neighborhood (note: the adjacent intersection of
Swiney Hiett and Collett Sublett is identified as Neighborhood Corridor). The plan describes the Neighborhood
character district as follows.
"This district is primarily residential in nature. Neighborhoods should have defined boundaries, a clear center,
and be easily accessible to day -to -day goods and services, such as those provided at Neighborhood Villages.
The center of a neighborhood should be a civic, public, or community use in which people can come
together —such as a park, school, or neighborhood amenity center."
R -1 zoning is in compliance with the character district description (or as close as any of our residential zoning
districts can come to it).
Compliance with the strategic plan.
Staff reviewed the strategic plan for relevant recommendations. The plan's recommendations are not
applicable to this rezoning request.
Compliance with City Council priorities.
Two of Council's priorities from the balanced scorecard are related to this rezoning case: (1) Enhance the
Business Climate -- Increasing resident population was noted as part of enhancing the business climate; and (2)
Balance the Tax Burden -- Creating higher density housing was identified as one way to balance the tax burden.
The proposed rezoning increases potential density (reducing minimum lot size from 1 acre to 1/2 acre) and
increases potential number of new residents. Rezoning from AG to R -1 does not guarantee greater density or
more residents but allows such increases to occur.
Staff Recommendation.
The requested rezoning is in compliance with the comprehensive plan and Council priorities and does not
conflict with the strategic plan. Staff recommends approval.
Planning & Zoning Commission Recommendation.
The Planning & Zoning Commission considered this case during its November meeting.
Two residents spoke during the public hearing for this case and the related replat request, Case PZ 13 -11. The
residents did not speak in favor of or against the requests but did express some concerns about water
pressure. They also were concerned about whether the developer would be required to install sidewalks and
the impact on the school district. In response, staff told the Commission that the public works director had said
the proposed rezoning (increase in density) would not have a negative impact on water pressure in the area.
Also, sidewalks are required to be installed as part of development. If sidewalks cannot be installed at the time
of development, then the developer usually is required to pay a fee in lieu of installing sidewalks, and the city
installs them later. Dr. Walker stated that a development this small in size would have a negligible effect on the
school district population.
The Commission voted to recommend approval of Case PZ 13 -10 with all members in favor, except the chair,
who abstained.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1.
PZ 13
-10 ordinance
PZ 13
-10 ordinance.docx
2.
PZ 13
-10 exhibit A
PZ 13
-10 exhibit A legal descr.docx
3.
PZ 13
-10 Exhibit B
PZ 13
-10 exhibit b.pdf
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, BY REZONING CERTAIN
PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE
FROM "AG" AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY
RESIDENTIAL DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other purposes, for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance
with a comprehensive plan; and
WHEREAS, Ashton Holdings, Inc., on behalf of owner Richard Trevino, who has a
proprietary interest in said property being an approximately 4.28 acre tract in the J.M. Lilly
Survey Abstract 980, more particularly described as Oliver Acres Subdivision Block 2 Lot 6,
Tarrant County, Texas, has filed an application to rezone the property from its present
classification of "AG" Agricultural District to "R -1" Single Family Residential District; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on November 21, 2013, and the City Council of the City of Kennedale, Texas
held a public hearing on December 12, 2013, with respect to the amendments described herein;
and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing with
notice, publication, and procedural requirements for the approval of amending the Schedule of
Uses under Section 17 -421 of the Kennedale City Code; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, THAT:
SECTION 1.
The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and
the uses in the hereinafter described area shall be changed and or restricted as shown and
described below:
An approximately 4.28 acre tract in the J. M. Lilly Survey, Abstract 980 and 985,
Tarrant County, Texas ( "the Property "), being that same tract conveyed to
Richard Trevino according to the deed recorded in Tarrant County Clerk's
Instrument Number D202074623, and more particularly described as Lot 6, Block
2, Oliver Acres, an Addition to the City of Kennedale, Tarrant County, Texas,
according to the Plat thereof recorded in Volume 1383, Page 586, Plat Records,
Tarrant County, as shown and described on Exhibit "A" attached hereto and
incorporated herein, from "AG" Agricultural District to "R -1" Single Family
Residential District.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of
this Ordinance are in direct conflict with the provisions of such ordinances and such code, in
which event the conflicting provisions of such ordinances and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clause, or phrase 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 sections, paragraphs, sentences, clause, and phrases of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of any ordinances governing zoning that have accrued at the time of
the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 7.
This Ordinance shall be in full force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 12TH DAY OF DECEMBER 2013.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION
An approximately 4.28 acre tract in the J. M. Lilly Survey, Abstract 980 and 985, Tarrant County,
Texas, being that same tract conveyed to Richard Trevino according to the deed recorded in
Tarrant County Clerk's Instrument Number D202074623, and more particularly described as Lot
6, Block 2, Oliver Acres, an Addition to the City of Kennedale, Tarrant County, Texas, according
to the Plat thereof recorded in Volume 1383, Page 586, Plat Records, Tarrant County.
EXHIBIT "B"
MAP OF PROPERTY
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KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
Staff Report to the Commissioners
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - F.
I. Subject:
CORRECT CASE # PZ 13 -11 to receive comments and consider action on a request by Ashton Holdings, Inc. for a
replat of approximately 4.3 acres, for property owned by Ricardo Trevino and located at the corner of Swiney
Hiett Rd and Collett Sublett Rd, legal description of Oliver Acres Addition Block 2 Lot 6, to create Lots 6R1 -6R8.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
11. Originated by:
Rachel Roberts, City Planner
111. Summary:
Background.
Lot 6, Block 2 in the Oliver Acres subdivision is located at the corner of Collett Sublett Rd and Swiney Hiett Rd.
The original was plat was filed at least 70 years ago. This lot is the same property considered under Case PZ 13-
10. If the rezoning request under Case PZ 13 -10 is approved, then the zoning for the property will be R -1 Single
Family Residential. If it is not approved, then the zoning will remain AG Agricultural.
The applicant, Ashton Holdings, proposes to subdivide the property into eight (8) lots, oriented toward Swiney
Hiett. Each lot would be approximately 0.53 acres in size. Water and sewer lines are available in the area, and
therefore the replat would not require the extension of water or sewer utilities.
Please note that state law requires the city to allow protests on replats if variances are requested and also
requires that we notify certain property owners of the right to protest. No variance has been requested for this
replat, so the protest provision does not apply.
Staff Review.
Planning, Permits, Public Works, and Fire Department staff reviewed the proposed plat. The plat complies with
applicable sections of the comprehensive plan, with the exception of the right -of -way dedications (see below).
It also meets all city requirements for new lots in the R -1 zoning district (including lot width, depth, and area).
The following changes should be made to the plat drawing for it to be in compliance with city requirements.
1. Change the title from "Amending Plat" to "Replat ".
2. Add Oliver Acres to title block ( "Lots 6R1 -6R8, Block 2, Oliver Acres... ")
3. Add total gross acreage to title block.
4. Change the front setback line from 30 feet to 50 feet.
5. Remove any other setback lines from the plat drawing.
6. Add a signature box for City Council.
7. Correct the plat title in the signature box for the Commission.
8. Add depth dimensions for each lot (currently, depth dimensions are given on the exterior lots only).
9. Provide a scale for the vicinity map.
10. For adjacent properties, make sure each owner name is shown. If adjacent lots are platted, state the
subdivision name.
11. Verify all existing easements are shown.
12. State the area of each lot in square feet (area is given in acres).
13. Dedicate right -of -way, if needed, for Collett Sublett side sufficient for a 70 -foot right -of -way.
14. Dedicate right -of -way, if needed, for Swiney Hiett side sufficient for a 60 -foot right -of -way.
15. Submit a drainage study for this property for existing and proposed conditions, incorporating the
requirements of Kennedale's detention policy.
16. Submit a supplemental document providing fire hydrant assemblies, connected to the Kennedale 12" main
in Swiney Hiett, to provide coverage for this subdivision.
Most of these changes are non - substantive and simply reflect the city's preferences for how plats should be
drawn. A few of the changes, however, are substantive and will affect how the property is developed. These
changes are those related to drainage and to the right -of -way.
Staff Recommendation.
The plat is in compliance with the comprehensive plan, except for the street rights -of -way for the two
roadways shown on the plat. If the plat is revised to show the right -of -way on Swiney Hiett and to dedicate
additional r -o -w if needed, and if it is revised to dedicate any additional r -o -w needed on Collett Sublett, then it
will be in compliance with the comprehensive land use plan. Making the other corrections will bring the plat
into compliance with the city requirements if the city first approves the rezoning requested under Case PZ 13-
10.
If the Council votes to approve rezoning of this property under Case PZ 13 -10, and if a revised version is
presented to Council with the required changes, then staff recommends approving the replat.
If the Council votes to deny rezoning of this property under Case PZ 13 -10, or if the required changes to the plat
drawing are not made, then staff recommends denying the plat, since the request would not meet all
applicable city requirements.
Planning & Zoning Commission Recommendation.
The Planning & Zoning Commission considered this case during its November meeting. Two residents
addressed the Commission during the public hearing to express concerns about additional development in this
part of the city. As stated in the staff report for Case PZ 13 -10, the residents' main concerns were water
pressure and sidewalks, and they were also concerned about impact on the school district and privacy. Larry
Ledbetter has stated that an additional eight (8) homes at this location would not have a negative impact on
water pressure.
The Commission voted to recommended approval (all in favor except the chair, who abstained) on the
condition that the changes to the plat suggested by staff be made before the proposed plat is considered by
Council. The Commission also wanted to advise Council that low water pressure is a concern to residents in this
part of the city.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1.
PZ 13 -11 replat drawing
Lot 6 Blk 2 Oliver Acres replat.pdf
2.
PZ 13 -11 map
PZ 13 -10 & 13 -11 map.pdf
3.
PZ 13 -11 application
PZ 13 -11 application.pdf
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City of Kennedale
Re -Plat Application
APPLICANT NAME: A,14,,, �:
.: DATE: ¢ .}
SUB- DIVISION NAME: FA -‘ C - '
LEGAL DESCRIPTION: -'.; - '' ACRES: G Z €
CURRENT ZONING: PROPOSED ZONING: t
BEING PLATTED AS: LOTS:(`".. —1 BLOCKS: PHASES: t
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OWNER OF RECORD:
ADDRESS:
CITY:
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SURVEYOR: eG s!t
ADDRE S: ' ' L�
CITY: )Uf \`
STATE(
STATE
PHONE:
ZIP: ip
PHONE:
ZIP: 1G
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ENGINEER: Nc
ADDRESS: , PHONE:
CITY: STATE: ZIP :'>
DEVELOPER: 11 r )
ADDRESS: 1 31 v4,0 Nro9
CITY: t , " k. _J4 . .,
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PHONE: II ¢,
STATE:
ZIP: ^ $'
DESCRIPTION OF THE PROJECT FOR WHICH THE PLAT IS SOUGHT, INCLUDING PROPOSED LAND
USES AND THEIR LOCATIONS:
4,
APPLICANT SIGNATURE:
OWNER SIGNATURE:
SURVEYOR SIGNATURE:
ENGINEER SIGNATURE:
DEVELOPER SIGNATURE:
t
N71\
DATE: I" f 6
DATE:
DATE:
DATE:
DATE: 1 A j j
3
Please submit with your application a tax certificate from Tarrant County showing that any delinquent taxes, fee, and
outstanding lien due to the city have been paid.
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
Staff Report to the Commissioners
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - G.
I. Subject:
CASE # PZ 13 -12 to receive comments and consider approval of Ordinance 542,regarding a request by Alluvium
Development, Inc. to amend the regulations for the Planned Development District for property located at 925
Mansfield Cardinal Rd, legal description of J M Lilly Survey A 980 Tract 2 & A 985 Tract 3, Tarrant County, Texas,
to correct a scrivener's error that listed the minimum lot width for "C" type lots as 85 feet instead of 80 feet.
1. Staff Presentation
2. Applicant Presentation
3. Public Hearing
4. Applicant Response
5. Staff Response and Summary
6. Action by the Council
II. Originated by:
III. Summary:
The site plans for The Vineyard planned development district (approved by the city under case PZ 13 -04)
showed a lot width of 85 feet for "C" type lots. The applicant's intent had been for the "C" type lots to have a
width of 80 feet; that width is what the lots are scaled at on the site plan and what he thought had been
proposed in the site plan text. Unfortunately, the mistake was not caught in time, and the site plans were
reviewed and approved by City Council at the wider width of 85 feet. The approved layout and number of lots
are not possible with a width of 85 feet for the "C" lots, unfortunately, so the applicant is requesting a change
to the approved site plan to allow a lot width of 80 feet. This lot width would apply only to "C" type lots.
Staff Review.
The request to amend the site plan does not conflict with city plans or goals, and staff therefore recommends
approval of the request to amend the site plan for The Vineyard Planned Development District.
Planning & Zoning Commission Recommendation.
The Planning & Zoning Commission considered this case during its November meeting and recommended
approval (all Commissioners voting in favor except the chair, who abstained).
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1.
PZ 13 -12 adopting ordinance (draft)
PZ 13 -12 ordinance correcting error in PD site plan.docx
2.
PZ 13 -12 corrected site plan
PD Exhibit - The Vineyard - Error Correction 110113.pdf
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE;
BY AMENDING THE VINEYARD PLANNED DEVELOPMENT DISTRICT;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO
REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a
comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential or other purposes, for the purpose of
promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, a change in the zoning classification of the property listed below was requested by a
person or entity having a proprietary interest in said property; and
WHEREAS, a scrivener's error was made on the site plan submitted and approved as part of The
Vineyard Planned Development District; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public
hearing on November 21, 2013, and the City Council of the City of Kennedale, Texas held a public
hearing on December 12, 2013, with respect to the amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government
Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing with notice, publication,
and procedural requirements for the approval of amending the Schedule of Uses under Section
17 -421 of the Kennedale City Code; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest
to amend Ordinance No. 40, as amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, THAT:
SECTION 1.
The Vineyard Planned Development District site plan is hereby amended as follows:
See Exhibit "A ".
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of
this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clause, or phrase 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 sections, paragraphs, sentences, clause, and phrases of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of any ordinances governing zoning that have accrued at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale.
SECTION 7.
This Ordinance shall be in full force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 12TH DAY OF DECEMBER 2012.
ATTEST:
MAYOR CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
L--
- -
- - --
---
KENNEDALE
You 're Here,Your Home
www.cityofkennedale.com
Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: REGULAR ITEMS - H.
I. Subject:
Discuss and consider approval of Ordinance 543, regarding the use of lead -flux and solder in plumbing
installations.
II. Originated by:
Amethyst G. Cirmo, City Secretary and Communications Coordinator
III. Summary:
The original 1988 ordinance establishing this policy has en error that needs to be corrected. The
allowable lead content currently reads '0.2' and should read '0.02.' This ordinance will correct the error.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1. (Ordinance 543 10543 - Plumbing Code Correction.docx
ORDINANCE NO. 543
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 4 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, REQUIRING THE USE OF
LEAD -FREE FLUX AND SOLDER IN PLUMBING INSTALLATION OR
REPAIR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council does hereby deem it necessary to amend this ordinance
governing materials quality of plumbing installations in order to protect the health, safety, and
welfare of the citizens of the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, THAT:
SECTION 1.
Section 4 -122 of the Kennedale City Code is hereby amended to read as follows:
It shall be illegal to use solder or flux in any plumbing installation or repair within
the city limits with a lead content of greater than 0.02.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of
this Ordinance are in direct conflict with the provisions of such ordinances and such code, in
which event the conflicting provisions of such ordinances and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clause, or phrase 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 sections, paragraphs, sentences, clause, and phrases of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
Page 1 of 3
fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of any ordinances governing zoning that have accrued at the time of
the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 7.
This Ordinance shall be in full force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 12TH DAY OF DECEMBER 2013.
ATTEST:
City Secretary, Amethyst G. Sloane
EFFECTIVE:
APPROVED:
Mayor John Clark
Page 2 of 3
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
Page 3 of 3
KENNEDALE
You 're Here,Your Home
www.cityofkennedale.com
Staff Report to the Honorable Mayor and City Council
Date: December 12, 2013
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code
for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under
the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including
discussion of any item posted on the agenda..
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:
x
You're Here,Your Home
The following pages
contain documents that
were submitted or
presented during the
meeting.
This form must be submitted to the Secretary BEFORE the meeting begins
PUBLIC HEARING - Request to Speak
?City Council
DPIanning & Zoning Comm.
OBuilding Board of Appeals
OBoard of Adjustment
PUBLIC HEARING FOR AGENDA ITEM #
NAME: 4 i /(/ /flay
ADDRESS: / J C' (1)-()//0V
PHONE: c 1
I AM REPRESENTING: tMYSELL° ❑THE FOLLOWING PERSONS /FIRMS /CORPORATIONS /GROUPS:
❑ I WOULD LIKE TO ADDRESS THE GOVERNING BODY ORALLY
❑FOR ❑AGAINST COMMENTS:
❑ I DO NOT WISH TO SPEAK, BUT WISH TO REGISTER THE FOLLOWING WRITTEN OPINION
❑FOR ❑AGAINST COMMENTS:.
SIGNATURE:
KENNEDALE
This form must be submitted to the Secretary BEFORE the meeting begins
VISITOR /CITIZEN'S FORUM
Request to Speak
Today's Date:
DCity Council
❑Planning & Zoning Comm.
❑Buliding Board of Appeals
❑Board of Adjustment
DLibrary Advisory Board
DParks & Recreation Board
❑Arts & Culture Board
DKeep Kennedale Beautiful
NAME: L 1 (1
ADDRESS: I CA- 'C6(LL}0kAr CS
11
EMAIL: L 11ksez -\ `� �loo,,' 2+-
PHONE: g
ARE YOU A KENNEDALE RESIDENT? ❑ NO YES
I AM REPRESENTING: ❑MYSELF DT FOLLOWING PERSONS /FIRMS /CORPORATIONS /GROUPS:
• IS THE SUBJECT YOU WISH TO PRESENT RELATED TO AN ITEM ON THE CURRENT AGENDA?
• No Yes, Agenda Item # ` 1 1�
L 1
• HAVE YOU DISCUSSED THIS SUBJECT WITH ANY COUNCIL /BOARD MEMBERS OR CITY STAFF?
No ■ Yes, (please list names)
PLEASE DESCRIBE THE SUBJECT THAT YOU WISH TO PRESENT:
C b 6' it VN 3 6 vex- 2-c) Y." f, e
SIGNATURE: OU-
K
KENNEDALE