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2016_09.19 CC Packet )c KENNEDALE You're Here,Your Home www.c ityofkennedale.cam KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING September 19, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM REGULAR SESSION at 7:00 PM I. CALL TO ORDER II.WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Receive water rate committee report B. Discussion of items on regular agenda III. REGULAR SESSION IV. ROLL CALL V. INVOCATION VI. UNITED STATES PLEDGE AND TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII.VISITOR/CITIZENS FORUM At this time, any person with business before the City Council not scheduled on the Agenda may speak to the Council, provided that an official `Speaker's Request Form'has been completed and submitted to the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor and Council, rather than individual council members or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action or discussion can be taken on these items. VIII. REPORTS/ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Updates from City Council B. Updates from the Mayor 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 8 17-985-2100 1 Fax: 817-478-7169 C. Updates from the City Manager • 2015 CAFR Award IX. MONITORING INFORMATION A. Monthly Financials -July and August 2016 B. Executive Limitations C. Ends Review- Balanced Scorecard X. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under incidental items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from August 12, 2016 special budget workshop meeting B. Consider approval of minutes from August 15, 2016 regular meeting C. Consider approval of minutes from September 8, 2016 special meeting D. Consider casting a ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. E. Consider approval of Library Memorandum of Understanding for a family place grant through the Texas State Library and Archives Commission (TSLAC) F. CASE# PZ 16-09 To consider approval regarding a request by CHC Development for a final plat of the Glen of Village Creek(formerly Swiney Estates, plat abandoned by instrument numbers D214210746 and D216057891, PRTC) for approximately 15.982 acres located on Bowman Springs Rd, generally located south of Swiney Estates Block 1 Lot 4R, west of Bowman Springs Rd, north of Winding Creek Rd, and east of 1141 Bowman Springs Rd. The plat will create 35 residential lots and 3 open space parcels. Property addresses include 1201, 1305, & 1307 Bowman Springs Rd. XI. DECISION ITEMS A. CASE # PZ 16-10 Public Hearing to receive public comments and consider Ordinance No. 605, adopting a Unified Development Code to regulate land use within the City of Kennedale; establishing zoning districts to regulate and restrict the use of property for residential, commercial, industrial and other purposes; regulating parking, landscaping, screening, lighting, signs, building design and materials; providing for the submission of site plans, subdivision plats and other development applications; providing regulations for flood damage prevention, stormwater protection, erosion and sediment control; and providing for procedures for review, approval and administration of these regulations. 1. Staff presentation 2. Public Hearing 3 Staff response and summary 4. Action by the City Council B. Discuss and consider approval of Ordinance 612 fixing and levying municipal ad valorem taxes for the City of Kennedale, Texas, for the fiscal year beginning October 1, 2016, and ending September 30, 2017; directing the assessment and collection thereof; providing a severability clause; and an effective date C. Discuss and consider approval of Ordinance 613 adopting the budget for the fiscal year beginning October 1, 2016, and ending September 30, 2017; amending budget figures for the prior fiscal year beginning October 1, 2015, and ending September 30, 2016; appropriating resources for each department, project, operation, activity, purchase, account and other expenditures; providing for emergency expenditures and expenditures as allowed by applicable state law; providing for the filing of the budget as required by state law; providing that this Ordinance shall be cumulative of all ordinances; providing a severability clause and providing an effective date D. Discuss and consider approval for ratification of property tax rate in FY 2016-2017 adopted budget E. CASE # PZ 16-03 Public hearing to receive public comments and consider approval of a request by Hickman Consulting Engineers for MKP Associates, Inc. for a replat of approximately 5.005 acres at 1209 Swiney Hiett Rd, being a replat of C C Swiney's Subdivision Lot 1, Kennedale, Tarrant County, to create Falcon Crest Estates Block 1 Lots 1-7. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council F. CASE# PZ 16-11 Public Hearing to receive public comments and consider approval of a request by Ashton Holdings for a replat of approximately 0.988 acres at 408 3rd St, being a replat of Soto Addition Block 1 Lot 1 R, Kennedale, Tarrant County, to create Soto Addition Lot 1 R-1 and 1 R-2. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council G. Consider approval of Ordinance 608 repealing Ordinance 589 water and sanitary sewer rates for service H. Public Hearing to consider approval of Ordinance 611 approving the adoption of water and sanitary sewer service rates as recommended by the rate committee 1. Staff presentation 2. Public Hearing 3. Staff response and summary 4. Action by the City Council XII. EXECUTIVE SESSION A. The City Council may meet in closed session at any time during the work session or the regular 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 on any item posted on the agenda. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 6727 Hudson Village Creek Road 3. 3575 W. Kennedale Parkway XIII. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED A. Consider approval of Resolution 492 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining fee title of property to build a public street, or for other public purposes permitted by law XIV.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the September 19, 2016, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. Leslie Galloway, City ecretary )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: WORK SESSION -A. I. Subject: Receive water rate committee report II. Originated by: III. Summary: Based on the recommendations of the Water/Wastewater Rate Review committee, these recommendations and rate options are being proposed to City Council to consider. Rate Option 1 is the committee's first choice recommendations. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Water/Wastewater Rate Review Committee Report 10tility Rate Presentation 9 19 16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 9/16/2016 ell �E%N EDg4It. Water and Sewer Rate RECOMMENDATIONS Presented by Water/Wastewater Rate Review Committee " at the Council Meeting Monday,September 19,2016 OVERVIEW • Current Position / Cost of Service • Understanding Impact Fees • Impact to Water Costs/Fort Worth Water Costs • Impact to Sewer Costs/Arlington Sewer Costs • Cash Position: Where Did the Money Go? • Water/Sewer Fund FY16-17 Budget • AWWA Equivalent Meter Guidelines • Current Rates/Previous Rates +10% • Recommendations to Council/Rate Options • Potential Areas for Savings in Future • Rate Comparison 4 IL { 1 9/16/2016 CURRENT POSITION Based On Proposed FY2016-17 Budget CURRENT RATES Water Fund Revenue $3,000,000 $o ■Revenue Requirement: $2,630,000 Shortfall $2,500,000 Sewer Fund Revenue Requirement: $1,992,000 $2,000,000 ■Revenue TOTAL: $4,622,000 $1,500,000 2,630,0 Generated $1,ggz, by Rates $t,000,0oo PREVIOUS RATES $500,000 $saz,zo5 ■Revenue $0 $3,000,000 -Shortfall Water Fund Sewer Fund $830,953 Revenues Revenues $2,500,000 - - + $2,000,000 s Revenue $1,500,000 Generated ' F by Rates $1,000,000 $500,000 f $0 Water Fund Revenues Sewer Fund Revenues — k v V COST 0 F SERVICE Fixed(Base)Costs Variable(Consumption)Costs Previous Rates Current Rates Actual Expenditures July 2013 to Feb.2016 Mar.2016 to Current FY 2015-16 WATER 47 25% r �72% SEWER4 23% 31% 47% Tm Weather and conservation impact the amount of variable costs collected each month,resulting in less revenue to cover fixed costs. 2 9/16/2016 RE originaliy #B flai '.y6 r_� Developer,Donated to City CrtoundsMaintenance W. Iw �!!� ri .....::.. IIC :.. I .. : - tlpsize 12"to 15 UNDERSTANDING IMPACT FEES When a neighborhood is being built,the developer installs the streets and water/ wastewater lines and meters within the neighborhood,and donates those assets to the city upon completion.The utility lines and streets are built to city specifications,inspected by city staff to ensure proper construction,and maintained by the city following donation. Impact fees contribute to the overall payment of cost or recovery of cost the overall system expansions and/or improvements needed to support the additional population.The state sets the maximum charge at 50%of their estimated actual cost because the entire population of the city benefits from the upgraded water/wastewater lines and streets.The impact fee is simply a(rather substantial)pre-payment on their portion of the cost. I M PACTS TO WATER COSTS •Kennedale began using Fort Worth Water in May 2008 •Generally,60%of our water supply is Fort Worth Water •The average cost is$2.96 per 1,000 gallons ■34%increase in rate over 5 years ■17%increase in water accounts over 5 years •Fort Worth Water Supplemented by Groundwater Pumped From our Four Wells •Generally,40%of our water supply is Groundwater(Well Water) •It costs about$0.33 per 1,000 gallons to pump well water (This includes groundwater fees,electricity,and chemicals) •Using this mixture costs,on average,about$1.91 per 1,000 gallons ■Why did we start using Fort Worth Water in addition to Well Watet? •Long-term water supply needs s •Wells alone can't meet demand during peak summer months 3 . ' •Adding surface water improves water quality and taste ' '•■ :� �_�� /4Y 311 3 9/16/2016 I M PACTS TO WATER COSTS Fort Worth Water Costs 500,000 450,000 400,000 350,000 300,000 J 250,000 200,000 i 150,000 w- 100,040 ca 50,404 2012 2013 2014 2015 2016 201 s VP J. � _ - I M PACTS TO SEWER COSTS ■Inflow&Infiltration (I&I)Costs Arlington Feather Beach Lift Station ■ Velocity meter six-month study coincides with Arlington six-week study to determine issues with increase in sewer meter flows ■2x Increase in Arlington Sewer Costs over Five Years ■ 90%of sewer flows through Arlington ■36%increase in rate over five years ■ 10%of sewer flows through Fort Worth ■1.58%increase in rate over five years �I�f ■12%increase in Sewer Accounts y over Five Years , re�frcvur� _ 4 9/16/2016 I M PACTS TO SEWER COSTS Arlington Sewer Costs 950,000 900,000 850,000 800,000 750,000 700,000 650,000 600,000 550,000 500,000 a 450,000 400,000 350,000 300,000 Rf 250,000 zoo,000 + ' 150,000 100,000 !1 50,000 ' 2012 2013 2014 2015 2016 21 L 1 WATER/SEWER FUND CASH BALANCE 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 �r 400,000 200,000 1 , 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 '`' -rr• - .. --xati_ -. /rya _�- - Ji! 5 9/16/2016 WHERE DID THE MONEY GO? •76%Increase in Costs Between 2013 and 2016 Rate Studies The city experienced large increases in costs,and reserves were supplementing revenues to cover shortfalls in rates during this time period •Weather and Conservation Make Revenues Less Predictable Reserves were spent when weather and conservation caused revenue shortfalls State Water Plan projects 25%of new water supply to come from conservation •Water/Wastewater Master Plan Projects $605,000 spent($372,000 of which were TIRZ-related) •Other Capital Expenditures - $3.67M spent on system improvement projects over past five years •Loaning Money for TIRZ Projects $372,00 for Bloxom Park Water&Sewer Line&New Hope Sewer Line ) ��,• "'�; Fund to be reimbursed when TIRZ is funded by property tax money Note:TIRZ is a development area that entities a into with property taxes from the area to _ P S pay P P tY - — develop off-site infrastructure - WATER/SEWER FUND FY16-17 ■Revenues: $4,991,835 WATER/SEWER FUND ■95% Monthly Utility Bills EXPENDITURES BY FUNCTION ■5% Other Sources •Expenditures: $4,829,775 / ROperations -Variable Cost of Water/Sewer WATER/SEWER FUND REVENUES BY TYPE services 0.5% 0.0% oCapital 0.0% 4.3% !CHARGES FOR 30,1% Improvements 0.2% SERVICES r t F.OTHER CHARGES G Debt FOR SERVICES ■INVESTMENT EARNINGS ■MISCELLANEOUS i INCOME j 5 oSURPLUS SALES/RENTALS !t • �• ■TRANSFERS til ff 6 9/16/2016 AWWA EQUIVALENT METERS Based On American Water Works Association M1 Manual Guidelines City Council adopted this policy in the 90s and it's been in use since. Meter AWWA Gallons _== Size Equivalent Per Min 5/8" x 3/4" 1.0 30 2.5 50 ' 1%" 5.0 100 2" 8.0 160 �".a 3" 16.0 320 ' 4" 25.0 500 r CURRENT RATES (MARCH 2016 - PRESENT) PHASE-IN COST OF SERVICE Water Rates Volume(Variable)Rates(per 1,000 gallons) Base(Fixed)Rates Residential Commercial 3/4» $34.50 &Seniors &Industrial 1" $86.25 0-5,000 gallons $2.00 $2.85 11/2 $172.50 5,001-20,000 $5.35 $5.30 2" $276.00 20,001-50,000 $6.37 $6.94 3" $552.00 50,000+ $8.06 $6.94 4" $862.50 Sewer Rates This cost is Residential Commercial supplemented &Seniors &Industrial to lower costs Base Charge $45.00 $60.72 for minimal Volume(per 1,000 gallons) water users. Residential &Seniors Commercial Industrial $2.90 $6.72 $4.50 7 9/16/2016 RECOMMENDATIONS TO COUNCIL Establish a Utility Advisory Board - -. " `, Additional transparency � nr A Increases public/stakeholder involvement and awareness o , Provides a greater stakeholder © #' perspective into utility planning and decision making process Advise Council Increases Council visibility to utility strategy,planning,and execution Increases Council effectiveness to govern by heightening the focus and increased frequency of reviews Vii, 44 Annual Water&Wastewater Rate Review T Current water/wastewater rate review every 3 years { " Planning and budgeting done every year -*j-1 -77i�—, RECOMMENDATIONS TO COUNCIL Franchise Fees(Paid to Street Fund) ($53K impact) Adjust fee to 4% Suggested Action: Separate into two line items for transparency Keep Franchise fee line item Create new line item:"expense of road repairs" Reflect actual expense projected for the cost to repair street damage due to water and wastewater 0&M activities Projected Maintenance Cost= Prior Year Actual Cost+20%Future Cost "`J Does not Apply to Capital Project Road Repairsi Administrative Fee(Paid to General Fund) Reduce fee to reflect a budget item closer to actual expense Adjust each FY to reflect actual expense plus expected increases} t, Review annually `X- 8 9/16/2016 RECOMMENDATIONS TO COUNCIL Changing Issuing Bonds Governance Only issued for capital expenditures(current practice) Improve planning and prioritization Suggested Action: Adjust the threshold on the minimum allowed for debt-funded projects Smaller projects,under$250K Combine small projects to meet the minimum debt threshold. Reconsider Leveraging Water&Wastewater Reserves Loaning of reserves for TIRZ water/sewer projects(to be reimbursed) 1 Funding Master Plan projects Funding other water/sewer system improvement projects Suggested Action: w- Utilize Bonding or other financing strategy before 1 exhausting the Water/Wastewater reserves with the current project funding approach RECOMMENDATIONS TO COUNCIL Senior Discount Increase the per month discount to$12.50 for each service(water&sewer) $25 per month discount Current qualifications requirements unchanged Applied to those currently receiving discount: Loss in budgeted revenue$28,800 Suggested Actions: Ensure all privacy and security measures are applied to the handling, management,storage,and destruction of personal information Ensure the processes are audit-ready and comply with governmental and industry privacy and security standards for handling,management,storage, s and destruction of personal information Reduce requirement for income verification to providing current filed income tax return only y� Reduce the requirement for age verification to providing copy of government-issued ID " A&, IL 9 9/16/2016 RECOMMENDATIONS TO COUNCIL Donations Provide an opportunity for Kennedale Utility customers to contribute to fund that would assist other Kennedale customers Funds only distributed to Kennedale Utility customers Funds administered by a third-party agency,independent of the City of Kennedale and the Kennedale Utility system Provide ability to make contribution to the fund as part of the utility bill pay process Downsize Water Meter Discount 1 Discount for residents who down size meter size or reduce number of meters . $200 discount on cost to downsize: .. w- Estimated cost range from$750 to$1,000 to downsize meter ; If all potential customers leveraged this discount: ,^ `" �; Potential loss in budgeted revenues$140,400(225 customers) _ vi ,' * 4 RECOMMENDATIONS TO COUNCIL Study providing Low-Income Discount Suggested Action: • Investigate and consider offering an income-tested discount for residents of all ages Establish a Finance Advisory Board Suggested Action: Would review budget,audit,bonds,and areas for improvement in funding Would work with the Utility Advisory Board when looking at establishing new utility rates yl f-.. Pilo 10 9/16/2016 PREVIOUS RATES + 10% TO BASE & VOLUME - REVENUE SHORTFALL ($1.827M) Water Rates Base(Fixed)Rates Volume(Variable)Rates(per 1,000 gallons) 3/4n Residential Commercial Revenue Shortfall- $15.26 1" $25.48 &Seniors &Industrial $898K 11/2 $50.81 0-5,000 gallons $3.07 $3.03 2" $81.32 5,001-20,000 $5.80 $5.80 3" $152.57 20,001-50,000 $6.30 $7.63 4" $254.33 50,000+ $6.81 $7.63 Sewer Rates Revenue Shortfall- Residential Commercial $929K &Seniors &Industrial Note:Rate adjustment Base Charge $18.91 $31.50 would require a 37.5% reduction in Water/Sewer Volume(per 1,000 gallons) Fund expenditures or Residential &Seniors Commercial Industrial 11.4%reduction of total $4.50 $4.93 $4.93 expenditures to cover shortfalls of revenue. REVENUE SHORT FALL $36K) - ADJUSTING BASE RATE AWWA EQUIVALENTS - (PUC SUGGESTED)(COMMITTEE'S FIRST CHOICE) Water Rates Volume(Variable)Rates(per 1,000 gallons) Base(Fixed)Rates Residential Commercial 3/4" $34.50 &Seniors &Industrial 1" $57.50 0-5,000 gallons $2.00 $2.85 11/2 $115.00 5,001-20,000 $5.35 $5.30 2" $184.00 20,001-50,000 $6.37 $6.94 3" $368.00 50,000+ $8.06 $6.94 4" $575.00 Sewer Rates (No Change) "' M®r Residential Commercial 3/4, 44.50 59.50 104.00 &Seniors &Industrial Base Charge $45.00 $60.72 1 67.50 59.50 127.00 Volume(per 1,000 gallons) Residential &Seniors Commercial Industrial $2.90 $6.72 $4.50 11 9/16/2016 RATE OPTION 2 - CURRENT BASE RATE AWWA (MUNICIPAL STANDARD) PHASE-IN COST OF SERVICE Water Rates Volume(Variable)Rates(per 1,000 gallons) Base(Fixed)Rates Residential Commercial 3/4 $34.50 &Seniors &Industrial 1" $86.25 0-5,000 gallons $2.00 $2.85 11/2 $172.50 5,001-20,000 $5.35 $5.30 2" $276.00 20,001-50,000 $6.37 $6.94 3" $552.00 50,000+ $8.06 $6.94 4" $862.50 Sewer Rates (No Change) MMEPP Residential Commercial 3/4, 44.50 59.50 104.00 &Seniors &Industrial Base Charge $45.00 $60.72 1, 96.25 59.50 155.75 Volume(per 1,000 gallons) Residential &Seniors Commercial Industrial $2.90 $6.72 $4.50 RATE OPTION 3 (REVENUE SHORT FALL $273K) - REDUCE WATER BASE RATE $8.50 & ADJUST VOLUME RATES Water Rates Volume(Variable)Rates(per 1,000 gallons) Base(Fixed)Rates Residential Commercial 3/4 $26.00 &Seniors &Industrial 1" $65.00 0-5,000 gallons $2.75 $2.85 11/2 $130.00 5,001-20,000 $5.36 $5.30 2" $208.00 20,001-50,000 $6.70 $6.94 3" $416.00 50,000+ $8.38 $6.94 4" $650.00 Sewer Rates (No Change) Residential Commercial 3/4, 39.75 59.50 99.25 &Seniors &Industrial Base Charge $45.00 $60.72 1 78.75 59.50 138.25 Volume(per 1,000 gallons) Residential &Seniors Commercial Industrial $2.90 $6.72 $4.50 12 9/16/2016 POTENTIAL FUTURE SAVINGS Inflow and Infiltration (I&I) reduction Long-term sewer treatment options Long-term water supply options Customer usage modifications Billing & Collection contract RATE COMPARISON %" RESIDENTIAL METER WITH 8,000 GALLONS OF USAGE City Water Cost Sewer Cost Total Cost %of Cost Willow Park 93.69 56.43 150.12 116.60% Crandall 67.78 69.74 137.52 106.81% Leander 95.31 37.30 132.61 100.03% Kennedale .1 1 Lancaster 42.26 76.88 119.14 92.54% Haltom City(Fwc°5c.) 64.73 43.63 108.36 84.16% outhlake(Fwcust.( 61.48 50.16 111.64 86.71% Forest Hill(Fwc°5c.) 43.29 57.82 101.11 78.53% Burleson(Fwcust.) 49.00 51.05 100.05 77.71% Watauga 53.48 44.66 98.14 76.43% Mansfield 41.60 52.68 94.28 73.23% Azle 42.33 47.75 90.08 69.97% ansom Park(Fwc°5c.) 45.14 44.27 89.41 69.44% aginaw(Fwa,SC.) 41.89 31.25 73.14 56.80% rlington 27.32 38.50 65.82 51.12% Fort Worth 29.58 34.42 64.00 49.71% t Mbw 13 9/16/2016 RATE IMPLEMENTATION TIMELINE Billing/Publication Items DATE Council Considers New Rates September 19,2016 1st Publication in Star Telegram September 21,2016 2nd Publication in Star Telegram September 28,2016 September Billing Cycle Ends(Current Rates) September 28,2016 October Billing Cycle Ends(Current Rates) October 26,2016 November Billing Cycle Ends(Current Rates) November 28,2016 November Bills Sent Out November 30,2016 1 December Billing Cycle Ends(New Rates) December 28,2016 December Bills Sent Out December 30,2016 41Z -�r sz;k s. k J On 14 JC KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: WORK SESSION - B. I. Subject: Discussion of items on regular agenda II. Originated by: III. Summary: Discussion of items on regular agenda. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS -A. I. Subject: Updates from City Council II. Originated by: City Council, City Council III. Summary: Updates and information from Council members . IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII. Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the Mayor II. Originated by: III. Summary: Updates and information from the Mayor. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the City Manager • 2015 CAFR Award II. Originated by: Bob Hart III. Summary: Updates and information from City Manager, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. 2015 CAFR Award 01 60914153651437. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting p g Presented to City of Kennedaie Texas For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2015 Executive Director/CEO )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials- July and August 2016 II. Originated by: III. Summary: Overview of the City's revenues/expenditures for all funds compared to budget and previous year. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Jul 2016 Financials k016 07 Monthly Financials. df P. [August 2016 Financials 108 2016 Monthly Financials. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS CURRENT LINE ITEM BUDGET OVERAGES FOR THE CITY CURRENT ACCOUNT NUMBER ACCOUNT NAME BUDGET BALANCE OVERAGE 01-5107-10-00 OVERTIME 80,000 125,101 45,101 01-5109-10-00 PART TIME/TEMPORARY 10,000 57,420 47,420 01-5116-90-00 UNEMPLOYMENT INSURANCE 6,120 12,455 6,335 01-5240-02-00 PRINTED SUPPLIES 400 1,526 1,126 01-5240-03-00 PRINTED SUPPLIES 200 459 259 01-5260-17-00 GENERAL OFFICE SUPPLIES 300 659 359 01-5430-10-00 MOTOR VEHICLE MAINTENANCE 33,000 46,040 13,040 01-5430-12-01 MOTOR VEHICLE MAINTENANCE 1,190 1,810 620 01-5510-04-00 ASSOCIATION DUES/PUBLICATIONS 965 1,344 379 01-5510-10-00 ASSOCIATION DUES/PUBLICATIONS 5,000 6,087 1,087 01-5525-02-00 TRAINING/SEMINARS 1,000 2,050 1,050 01-5525-17-00 TRAINING/SEMINARS - 265 265 01-5540-90-00 INSURANCE-AUTO 19,208 21,109 1,901 01-5570-02-00 SPECIAL SERVICES 4,788 6,250 1,462 01-5573-03-00 ELECTION SERVICES 5,200 7,000 1,800 01-5578-07-01 TRAVEL 1,612 2,384 772 01-5578-17-00 TRAVEL 365 772 407 01-5590-09-01 WATER/SEWER SERVICES 1,800 3,538 1,738 01-5590-16-00 WATER/SEWER SERVICES 1,500 2,550 1,050 07-5510-01-00 ASSOCIATION DUES/PUBLICATIONS 5,073 6,592 1,519 07-5565-01-00 LEGAL SERVICES 2,500 6,100 3,600 10-5116-90-00 UNEMPLOYMENT INSURANCE 990 2,310 1,320 10-5260-01-02 GENERAL OFFICE SUPPLIES 700 950 250 10-5409-01-02 WASTEWATER SYSTEM MAINTENANCE 120,000 279,421 159,421 10-5450-01-02 PUMP/MOTOR MAINTENANCE 28,000 60,563 32,563 10-5861-90-00 MOTOR VEHICLES 55,000 56,692 1,692 12-5430-02-00 MOTOR VEHICLE MAINTENANCE - 550 550 15-5510-01-00 ASSOCIATION DUES/PUBLICATIONS 4,020 5,356 1,336 15-5570-01-00 SPECIAL SERVICES 72,600 78,558 5,958 15-5580-01-00 ENGINEERING 1,000 53,610 52,610 15-5610-01-00 VISUAL GRANT - 4,843 4,843 15-5615-01-00 FUNCTIONAL GRANT - 48,047 48,047 17-5230-12-02 CLEANING SUPPLIES 425 886 461 17-5240-12-02 PRINTED SUPPLIES 75 419 344 17-5260-12-02 GENERAL OFFICE SUPPLIES 375 937 562 17-5280-12-02 MINOR EQUIP/SMALL TOOLS<5K 6,000 7,196 1,196 17-5403-12-02 BUILDING MAINTENANCE 5,000 12,960 7,960 17-5404-12-03 PARK MAINTENANCE 34,000 56,312 22,312 17-5580-12-02 ENGINEERING 6,000 13,455 7,455 01-5578-01-00 TRAVEL 4,000 5,063 1,063 01-5590-01-00 WATER/SEWER SERVICES 1,500 2,436 936 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES 01-5290-01-00 EXPENDABLE SUPPLMQNTHLY FINANCIALS 1,200 1,150 (50) 01-5280-02-00 GENERAL OFFICE SUPPLIES 100 106 6 01-5510-03-00 ASSOCIATION DUES/PUBLICATIONS 1,188 1,382 194 01-5440-04-00 OFFICE EQUIP/SOFTWARE MAINT 9,279 9,390 111 01-5525-05-00 TRAINING/SEMINARS 1,000 1,108 108 01-5107-09-02 OVERTIME 1,500 1,553 53 01-5590-10-00 WATER/SEWER SERVICES 1,700 2,808 1,108 01-5230-10-00 CLEANING SUPPLIES 1,000 1,407 407 01-5114-12-01 LONGEVITY PAY 2,528 2,532 4 01-5525-12-01 TRAINING/SEMINARS 1,820 1,400 (420) 01-5575-12-01 EQUIPMENT RENTAL 1,536 1,902 366 01-5118-17-00 MEDICAL INSURANCE 11,566 12,392 826 01-5293-17-00 LIBRARY GRANT EXPENDITURES - 1,802 1,802 01-5570-17-00 SPECIAL SERVICES 3,730 5,343 1,613 01-5590-17-00 WATER/SEWER SERVICES 2,600 3,630 1,030 12-5101-02-00 SALARIES 1,558 1,190 (368) 17-5407-12-02 STREET MAINTENANCE 410,000 456,253 46,253 17-5501-12-02 ADVERTISING - 28 28 17-5590-12-02 WATER/SEWER SERVICES 30,000 36,280 6,280 18-5107-01-00 OVERTIME - 211 211 10-5118-01-01 MEDICAL INSURANCE 3,855 5,316 1,461 10-5260-01-01 GENERAL OFFICE SUPPLIES 300 314 14 10-5290-01-01 EXPENDABLE SUPPLIES 300 378 78 10-5525-01-01 TRAINING/SEMINARS - 95 95 10-5578-01-01 TRAVEL - 30 30 10-5590-01-02 WATER/SEWER SERVICES 1,900 2,648 748 15-5565-01-00 LEGAL SERVICES 1,000 4,712 3,712 15-5800-01-00 LAND - 1,274 1,274 15-5240-01-00 PRINTED SUPPLIES 3,000 5,110 2,110 14-5580-01-00 BRICK PAVERS - 162 162 21-5570-01-00 SPECIAL SERVICES - 6,000 6,000 31-5280-00-00 MINOR EQUIP/SMALL TOOLS<5K - 319 319 TOTAL 1,012,566 1,570,299 557,733 OVERAGE OF THESE FUNDS 155.1% "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES ffiNWARIMPA R 1201 GENERAL FUND 1,012,898 1202 DEBT SERVICE 327,809 1204 CAPITAL PROJ-ST CONSTRUCTION 31,469 1205 VEHICLE FUND (5,025) 1207 STORM DRAINAGE UTILITY FUND 158,563 1210 WATER AND SEWER FUND (171,728) 1212 COURT SECURITY FUND 10,592 1213 CIP FUND - 1998 CO (60,806) 1214 PARK DEDICATION FUND 195,225 1215 ECO DEV CORPORATION (63,973) 1216 COURT TECHNOLOGY FUND 10,358 1217 STREETS IMPROVEMENT FUND 367,169 1218 JUVENILE CASE MANAGER FUND 26,436 1221 KENNEDALE TIFF#1 FUND (19,892) 1231 POLICE SEIZURE FUND 6,224 1232 LIBRARY BUILDING FUND 11,624 1234 LEOSE FUND - 1241 DONATION FUND 43,981 1245 ROADWAY IMPACT FEE FUND 359,191 1261 WATER IMPACT FEE FUND 261,368 1262 SEWER IMPACT FEE FUND 94,978 1283 TREE REFORESTATION FUND 67,874 1285 UNCLAIMED PROPERTY FUND 1,990 1295 EDC FIXED ASSET/RESERVE 120,097 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY % BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERALFUND 5,140,464 6,023,006 6,091,420 257,084 5,532,165 436,952 90.8% 559,254 OTHER GENERAL FUNDS 1,117,169 1,437,430 1,263,636 125,161 902,188 28,617 71.4% 361,448 GENERAL FUND 6,257,632 7,460,436 7,355,056 382,245 6,434,353 465,568 87.57. 920,703 GENERAL DEBT SERVICE FUND 1,275,433 1,345,839 1,403,111 8,959 1,284,695 43,928 91.67. 118,416 WATER/SEWER FUND 2,422,699 3,460,517 5,672,328 498,315 3,371,279 2,185,873 59.4% 2,301,049 STORMWATER UTILITY FUND 152,228 200,108 247,825 21,569 202,908 (17,700) 81.9% 44,917 WATER IMPACT FUND 148,052 172,370 116,040 6,888 157,057 30 135.3% (41,017) SEWER IMPACT FUND 39,432 44,619 6,682 988 48,414 (1) 724.6% (41,732) WATER/SEWER FUND 2,762,412 3,877,614 6,042,875 527,760 3,779,658 2,168,203 62.5% 2,263,217 EDC411 FUNDS 455,510 650,469 912,036 58,214 432,028 10,331 47.4% 480,008 CAPITAL FUNDS 238,090 827,125 1,141,107 227,457 767,606 (107,523) 67.37. 373,501 SPECIAL REVENUE FUNDS (3,058) 42,861 126,801 1 89,673 125,000 70.757 37,128 TOTAL REVENUES $ 10,986,019 $ 14,204,344 $ 16,980,986 $ 1,204,636 $ 12,788,014 $ 2,705,508 75.3% 4,192,972 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY % BUDGET BUDGET EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERALFUND 4,533,503 5,688,510 6,198,118 507,756 4,804,858 372,294 77.5% 1,393,260 OTHER GENERAL FUNDS 870,932 1,127,260 1,322,814 124,592 1,166,168 24,818 88.2% 156,645 GENERAL FUND 5,404,435 6,815,770 7,520,932 632,348 5,971,026 397,112 77.5% 1,549,905 GENERAL DEBT SERVICE FUND 1,183,062 1,338,313 1,363,867 41,888 1,215,292 20,759 89.1% 148,575 WATER/SEWER FUND 3,445,909 4,063,998 6,093,227 305,745 3,200,449 1,032,548 52.5% 2,892,778 STORMWATER UTILITY FUND 295,243 111,696 264,273 9,986 100,175 (307,954) 37.9% 164,098 WATER IMPACT FUND - 174,916 171,200 - - (3,716) 0.0% 171,200 SEWER IMPACT FUND - 22,396 - - - (22,396) 0.0% - WATER/SEWER FUND 3,741,152 4,373,006 6,528,700 315,731 3,300,624 698,482 50.6% 3,228,076 EDC411 FUNDS 520,711 694,022 711,842 22,343 560,026 (24,127) 78.757 151,817 CAPITAL FUNDS 461,898 795,765 1,283,626 17,428 545,923 (53,843) 42.57. 737,703 SPECIAL REVENUE FUNDS 1,575 48,852 126,800 3,517 108,628 (55,000) 85.77. 18,172 TOTAL EXPENDITURES $ 11,312,833 $ 14,065,728 $ 17,535,767 $ 1,033,255 $ 11,701,519 $ 983,384 66.77. 5,834,248 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY OF BUDGET BUDGET GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING CITY MANAGER 216,845 275,390 293,578 23,742 227,767 11,658 77.6% 65,811 MAYOR/CITY COUNCIL 60,319 77,128 88,576 4,144 66,108 (5,530) 74.6% 22,468 CITY SECRETARY 101,186 124,118 135,923 16,247 108,418 (12,421) 79.8% 27,505 MUNICIPAL COURT 105,287 129,204 157,745 11,546 95,135 18,928 60.3% 62,610 HUMAN RESOURCES 90,812 112,330 124,565 9,519 96,244 6,723 77.3% 28,321 FINANCE 282,464 348,750 323,931 15,205 264,686 (96,469) 81.7% 59,245 POLICE 1,606,250 2,033,489 2,245,833 198,648 1,737,895 193,639 77.4% 507,938 FIRE 1,322,862 1,627,526 1,728,014 138,488 1,372,728 79,246 79.4% 355,286 COMMUNITY DEVELOPMENT 250,409 348,053 439,480 30,050 318,505 57,053 72.5% 120,975 SENIOR CITIZEN CENTER 39,645 50,569 54,077 4,963 39,361 (32) 72.8% 14,716 LIBRARY 175,558 217,519 239,080 23,497 200,419 9,990 83.8% 38,660 NONDEPARTMENTAL 281,864 344,434 367,317 31,707 277,592 109,510 75.6% 89,725 TOTAL EXPENDITURES $4,533,503 $5,688,510 $ 6,198,118 $ 507,756 $4,804,858 $ 372,294 77.57. $1,393,260 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING UTILITY BILLING 879,630 1,326,837 1,360,981 35,967 679,599 14,824 49.9% 681,382 WATER OPERATIONS 1,410,831 1,122,780 3,156,143 163,318 1,252,895 1,374,731 39.7% 1,903,248 DEBT 443,926 186,691 505,472 - 450,087 1,372 89.0% 55,385 NONDEPARTMENTAL 711,522 1,427,690 1,070,631 106,460 817,868 (358,379) 76.4% 252,763 TOTAL EXPENDITURES $3,445,909 $4,063,998 $ 6,093,227 $ 305,745 $3,200,449 $1,032,548 52.57. $2,892,778 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 503,454 704,161 1,042,537 109,989 939,321 213,861 90.1% 103,217 PARKS MAINTENANCE 85,640 118,624 84,000 13,693 105,010 7,000 125.0% (21,010) TOTAL EXPENDITURES $ 589,094 $ 822,784 $ 1,126,537 $ 123,683 $1,044,330 $ 220,861 92.77. $ 82,207 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY 7.OF BUDGET BUDGET EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING ADMINISTRATION 165,179 241,795 176,466 14,390 245,000 (85,995) 138.8% (68,534) DEBT SERVICE 318,801 323,315 319,893 4,573 309,547 (3,475) 96.8% 10,346 TOWN SHOPPING CENTER 49,475 66,816 50,484 4,533 39,630 - 78.5% 10,854 TOWN CENTER REDEVELOPME - - 90,000 - - 90,000 0.0% 90,000 TX LEVERAGE - 101,192 50,000 - 18,739 (60,000) 37.5% 31,261 TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 73,927 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FUND 99 CASH BALANCES 1201 GENERAL FUND 1,074,329 1202 DEBT SERVICE (63,710) 1204 CAPITAL PROJ-ST CONSTRUCTION 99,070 1205 VEHICLE FUND 1,132 1207 STORM DRAINAGE UTILITY FUND 168,278 1210 WATER AND SEWER FUND (130,435) 1212 COURT SECURITY FUND 10,992 1213 CIP FUND - 1998 CO - 1214 PARK DEDICATION FUND 195,253 1215 ECO DEV CORPORATION 19,486 1216 COURTTECHNOLOGY FUND 10,891 1217 STREETS IMPROVEMENT FUND 407,571 1218 JUVENILE CASE MANAGER FUND 25,812 1221 KENNEDALE TIFF#1 FUND (12,643) 1231 POLICE SEIZURE FUND 2,036 1232 LIBRARY BUILDING FUND 11,750 1234 LEOSE FUND - 1241 DONATION FUND 41,841 1245 ROADWAY IMPACT FEE FUND 338,855 1261 WATER IMPACT FEE FUND 98,029 1262 SEWER IMPACT FEE FUND 95,967 1283 TREE REFORESTATION FUND 67,884 1285 UNCLAIMED PROPERTY FUND 1,990 1295 EDC FIXED ASSET/RESERVE 120,115 TOTAL CASH IN POOLED CASH 2,584,495 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY % BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 5,418,592 6,023,006 6,091,420 329,521 5,861,686 419,252 96.2% 229,734 OTHER GENERAL FUNDS 1,224,802 1,437,430 1,263,636 123,228 1,025,416 28,617 81.1% 238,220 GENERAL FUND 6,643,394 7,460,436 7,355,056 452,749 6,887,102 447,868 93.6% 467,954 GENERAL DEBT SERVICE FUND 1,351,728 1,345,839 1,403,111 2,065 1,286,760 43,928 91.7% 116,352 WATER/SEWER FUND 3,091,687 3,460,517 5,672,328 657,065 4,028,614 2,194,373 71.0% 1,643,714 STORMWATER UTILITY FUND 173,079 200,108 247,825 21,234 224,381 (17,700) 90.5% 23,444 WATER IMPACT FUND 155,719 172,370 116,040 7,858 164,915 30 142.1% (48,875) SEWER IMPACT FUND 40,410 44,619 6,682 990 49,404 (1) 739.4% (42,722) WATER/SEWER FUND 3,460,895 3,877,614 6,042,875 687,146 4,467,313 2,176,703 73.9% 1,575,561 EDC4B FUNDS 507,983 650,469 912,036 114,533 546,562 10,331 59.9% 365,475 CAPITAL FUNDS 274,373 827,125 1,141,107 20,247 849,746 (107,523) 74.5% 291,361 SPECIAL REVENUE FUNDS (3,058) 42,861 126,801 23,735 113,409 125,000 89.4% 13,392 TOTAL REVENUES ######### ######### ######### ######## ######### ######## 83.3% 2,830,094 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 4,915,099 5,688,346 6,198,118 458,331 5,263,188 372,294 84.9% 934,930 OTHER GENERAL FUNDS 907,049 1,127,260 1,322,814 65,656 1,231,824 24,818 93.1% 90,990 GENERAL FUND 5,822,148 6,815,606 7,520,932 523,987 6,495,012 397,112 84.97. 1,025,919 GENERAL DEBT SERVICE FUND 1,337,913 1,338,313 1,363,867 143,314 1,358,606 20,759 99.6% 5,261 WATER/SEWER FUND 3,893,467 4,050,650 6,093,227 616,792 3,817,220 1,032,548 62.6% 2,276,007 STORMWATER UTILITY FUND 84,272 111,696 264,273 14,401 114,576 (307,954) 43.4% 149,697 WATER IMPACT FUND 174,916 174,916 171,200 171,200 171,200 (3,716) 100.0% - SEWER IMPACT FUND - 22,396 - - - (22,396) 0.0% - WATER/SEWER FUND 4,152,654 4,359,658 6,528,700 802,394 4,102,996 698,482 62.87. 2,425,704 EDC4B FUNDS 598,502 733,118 711,842 40,229 653,145 (24,127) 91.8% 58,698 CAPITAL FUNDS 541,588 795,765 1,283,626 25,007 570,930 (53,843) 44.5% 712,696 SPECIAL REVENUE FUNDS 5,294 48,852 126,800 16,486 124,794 (55,000) 98.4% 2,006 TOTAL EXPENDITURES ######### ######### ######### ######## ######### $ 983,384 75.9% 4,230,284 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY OF BUDGET BUDGET GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING CITY MANAGER 234,099 275,390 293,578 19,930 247,697 11,658 84.4% 45,881 MAYOR/CITY COUNCIL 67,218 77,128 88,576 14,438 80,546 (5,530) 90.9% 8,030 CITY SECRETARY 109,360 124,118 135,923 11,999 120,418 (12,421) 88.6% 15,505 MUNICIPAL COURT 114,731 129,204 157,745 9,535 104,670 18,928 66.4% 53,075 HUMAN RESOURCES 89,056 112,330 124,565 7,916 104,161 6,723 83.6% 20,404 FINANCE 303,813 348,750 323,931 20,019 284,705 (96,469) 87.9% 39,226 POLICE 1,735,673 2,033,489 2,245,833 130,393 1,868,288 193,639 83.2% 377,545 FIRE 1,437,207 1,627,526 1,728,014 112,848 1,485,575 79,246 86.0% 242,439 COMMUNITY DEVELOPMENT 275,815 347,889 439,480 32,843 351,348 57,053 79.9% 88,132 SENIOR CITIZEN CENTER 44,129 50,569 54,077 2,708 42,069 (32) 77.8% 12,008 LIBRARY 189,339 217,519 239,080 17,657 218,076 9,990 91.2% 21,004 NONDEPARTMENTAL 314,658 344,434 367,317 78,044 355,636 109,510 96.8% 11,681 TOTAL EXPENDITURES $4,915,099 $5,688,346 $ 6,198,118 $ 458,331 $5,263,188 $ 372,294 84.9% $ 934,930 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY 7.OF BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING UTILITY BILLING 1,013,458 1,326,837 1,360,981 314,107 993,706 14,824 73.0% 367,275 WATER OPERATIONS 1,563,942 1,109,432 3,156,143 106,273 1,359,146 1,374,731 43.1% 1,796,997 DEBT 504,101 186,691 505,472 55,385 505,472 1,372 100.0% 0 NONDEPARTMENTAL 811,966 1,427,690 1,070,631 141,028 958,896 (358,379) 89.6% 111,735 TOTAL EXPENDITURES $3,893,467 $4,050,650 $ 6,093,227 $ 616,792 $3,817,220 $1,032,548 62.67. $2,276,007 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY 7.OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 577,689 704,161 1,042,537 56,698 996,019 213,861 95.5% 46,519 PARKS MAINTENANCE 105,592 118,624 84,000 7,428 112,438 7,000 133.9% (28,438) TOTAL EXPENDITURES $ 683,281 $ 822,784 $ 1,126,537 $ 64,126 $1,108,457 $ 220,861 98.47. $ 18,081 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY %OF BUDGET BUDGET EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING ADMINISTRATION 224,556 241,795 176,466 32,570 277,570 (85,995) 157.3% (101,105) DEBT SERVICE 323,315 323,315 319,893 4,573 314,120 (3,475) 98.2% 5,773 TOWN SHOPPING CENTER 50,631 66,816 50,484 3,086 42,716 - 84.6% 7,768 TOWN CENTER REDEVELOPMENT - - 90,000 - - 90,000 0.0% 90,000 TX LEVERAGE - 101,192 50,000 - 18,739 (60,000) 37.5% 31,261 TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.37. $ 33,698 "EXEMPLIFYING EXCELLENCE" JC KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: MONITORING INFORMATION - B. I. Subject: Executive Limitations II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Executive Limitations lExecutive Limitations 09.2016.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT The City Manager shall not cause or allow any organizational practice, activity, decision, or circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics. The utility system remains in a deficit cash position. The recent rate increase will bring the system back into compliance with the fiscal policies within 4 years. Other operations are in compliance with the global constraint policy. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATMENT OF CUSTOMERS OF CITY SERVICES With respect to interactions with customers, the City Manager shall not cause or allow conditions, procedures, or decisions that are unsafe, untimely, undignified, or unnecessarily intrusive. The City Manager will not: 1. Elicit information for which there is no clear necessity. 2. Use methods of collecting, reviewing, transmitting, or storing customer information that fail to protect against improper access to the material 3. Operate facilities without appropriate accessibility and privacy. 4. Operate without establishing with customers a clear understanding of what may be expected and what may not be expected from the service offered. 5. Operate without informing customers of this policy or providing a way to be heard for persons who believe that they have not been accorded a reasonable interpretation of their rights under this policy. Cyber security issues are a major concern in compliance with point 2. The city backs up files on a daily basis to avoid more common hacking attempts. Limitations have been placed on what websites can be accessed. Both the city manager and IT analyst are members of InfraGard to better understand the risks involved. I will attend the InfraGard meeting in early December. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATMENT OF STAFF With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow conditions that are unfair, undignified, disorganized, or unclear. The City Manager will not 1. Operate without written personnel rules that (a) clarify rules for stair, (b) provide for effective handling of grievances,and (c) protect against wrongful conditions, such as nepotism and grossly preferential treatment for personal reasons. 2. Retaliate against any staff member for non-disruptive expression of dissent. 3. Allow staff to be unaware of City Manager's interpretations of their protections under this policy. 4. Allow staff to be unprepared to deal with emergency situations. The city maintains current personnel policy and orientation handbook. City operations are in compliance with the treatment of staff policy. Kelly Cooper works well with staff to ensure polices are followed. Staff recently completed supervisory and leadership training. Succession planning is underway for public works, fire, and police. Kelly and I are working with the City of Celina on implementing a learning organization environment. POLICY TYPE: EXECUTIVE LIMITATIONS POLICYTITLE: EMERGENCY CITYMANAGER SUCCESSION In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not permit there to be less than one other person familiar enough with Council and City Manager issues and procedures to be able to maintain organization services. Kelly Cooper is the most informed of staff members. RachelRobcm and Dennis Brown are working closely with me on Village Crock andthe salvage yards. The department heads collectively are aware of on-going activities andprojects, and I have been more attentive to this in both budget reviews and staff meetings. Krystal Crump is providing excellent support insofar as city finances are concerned. Jack Thompson (EDC & Chamber)is familiar with the business development activities. JC KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: MONITORING INFORMATION - C. I. Subject: Ends Review- Balanced Scorecard II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Balanced Scorecard August 2016 lKennedale Strategy August 2016. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 W ID J � Q N z en z Y � IE w v a� o w V z LU 4-) w • QJ L J � J O U) O u N ~ ~ W LL � 2 a CL lid O U • � z ' o • U LA z • > a c O ..L (1) W • Q) CL x u Q l • W Lo 4-) w • M — H � _ U H • Q1 m N i Q u • • Q a L p U- LU a co V) � 0 .5 o v �a N N aV z M U Cf] w o LL cl� CL CL o O U • QJ V a d • • LU a M J 41 M X ' �--� W w H w Z _ ra U') ay > u U U w � �i► r� V) ra Cd Q CD a..7 LJ,J •� m Q.1 Ca X ro �Zl�w �� } ■ I T ♦ ■ T IVIDNVNIJ JC KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A. I. Subject: Consider approval of minutes from August 12, 2016 special budget workshop meeting II. Originated by: III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII. Attachments: 1. City Council Special Budget Workshop Meeting Minutes-August 12, 8-12-16 Budget 12016 Workshop.pdf 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES SPECIAL MEETING August 12, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 8:30 AM I. CALL TO ORDER Mayor Johnson called the meeting to order at 8:46 a.m. II. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None Staff Present: Bob Hart, Krystal Crump, Leslie Galloway, Kelly Cooper, Rachael Roberts, Amanda King, Mike McMurray, Larry Hoover, Ron Taylor, Dennis Brown, Tommy Williams, Darrel Hull, Melinda Davis, Sarah Quiett, and Debby Scott III. WORK SESSION A. Fiscal Year 2016/2017 Proposed Budget Workshop City Manager Bob Hart and department heads presented the FY2016-2017 proposed budget to City Council. Highlights included development challenges; property taxes and exemptions; utility rates; land use values; street funding; residential engagement; entry points; the park system; a well-planned community; staffing; healthcare; regional collaboration, and a communication plan. Mayor Johnson recessed the budget workshop for a lunch break at 11:30 a.m. Mayor Johnson resumed the budget workshop at 12:00 p.m. B. Review Effective & Rollback Tax Rate Summary Bob Hart stated that the current effective rate is 76.75; the recommendation is to hold at the current rate or the effective tax rate, whichever is lower. Council discussed possible exemptions beyond the current over 65, $50,000 exemption and agreed to look at that in the future; concluding that it was not something that could happen this budget year. IV. REGULAR SESSION A. Discuss and consider approval of Resolution 490 of the City Council of the City of Kennedale, Texas, approving the placement of a proposal on the September 19, 2016 City Council Public Meeting agenda to adopt a 2016 tax rate that will be lower than the rollback rate; calling public hearings on September 8, 2016 and September 15, 2016 (if necessary) 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Mayor Johnson read aloud the purposed Resolution. The City Council desires to consider adoption of a 2016 tax rate not to exceed $0.8220 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. The City Council hereby approves the placement of an item on the September 19, 2016 City Council public meeting agenda, such meeting being a regular Council meeting, to vote on a proposed tax rate of $0.7675 per $100 valuation that will not exceed the lower of the rollback rate or the effective tax rate. The City Council hereby calls public hearings on the proposed tax rate to be held in the City Hall Council Chambers located at 405 Municipal Drive, Kennedale, Texas 76060 on September 8, 2016, at 7:00 p.m., and September 15, 2016 (if necessary), at 6:00 p.m., such dates being weekdays which are not public holidays. The first public hearing will not be held until at least seven (7) days after notice of both public hearings have been published in the Fort Worth Star- Telegram, a newspaper having general circulation within the City. The City Secretary is hereby directed to publish such notice in accordance with this Resolution and Texas Tax Code §26.06. At both public hearings, the City Council will afford adequate opportunity for both proponents and opponents of the proposed tax rate to present their views. Motion To approve Resolution 490 with a 2016 tax rate of $0.7675 per $100. Action Approve, Moved By Liz Carrington, Seconded By Michael Walker. Motion passed Unanimously V. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously The meeting was adjourned at 2:48 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 2of2 JC KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Consider approval of minutes from August 15, 2016 regular meeting II. Originated by: III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII. Attachments: Fl----Fc—itY Council Meeting Minutes -August 15, 2016 8-15-16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING August 15, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:33 p.m. II. WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the ri_pht to adiourn into Executive Session at any time durin_p the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Presentation by Halff and Associates of Streambank Erosion Study Streets and Parks Supervisor Larry Hoover introduced Ben Pylant and Levi Hein from Halff Associates, Inc. who performed the Streambank Erosion Study for the city. Project Manager Ben Pylant provided background on the project, noting that CMJ Engineering assisted in the geotechnical area of the project. He informed Council that the Winding Creek area extends downstream to Kennedale Sublett Road, about one mile of stream length. He stated that they took this as a pilot study to evaluate and inventory the erosion issues. Adding that the goals of the study are to prioritize erosion issues in the study area; develop erosion program options; inform future budget planning; and inform future planning efforts. Project Engineer Levi Hein continued with the analysis and results of the study. He stated that getting to the goals is a three pronged approach; analysis, assessment, and alternatives. For the watershed analysis they looked at the peak discharges for events of low flow, bank full, and high volume flooding. He noted that a lot of the discharges that cause the erosion are more of a daily event (i.e. 1-year or 10-year). He provided a review of the analysis. Ben Pylant spoke regarding the assessment phase of the project. He stated that streams have a habit of evolving in a predictable manner. Stage 1 is a fairly stable channel with trees growing out from banks stabilizing soil. A Stage 2 channel has exposed tree cuts and slumping between trees. At stage 3 the creek widens and can lose significant portions of the bank; when trees fall in stage 4 the channel banks are almost bare. He added that Winding Creek is between a stage 2 and a late stage 3 channel. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Halff Associates developed an erosion site ranking which is prioritized by public issues and private issues; additionally, they have met with the city regarding the options and alternatives. B. Discussion of items on regular agenda City Manager Bob Hart informed the Council that Hong Muyheng, one of the International Fellows that the City sponsored last year received a promotion since he was here. He, along with his superiors, would like to come to Kennedale to visit with Council. It will be somewhat of a repeat of what we did last year. They would like to come the week of October 3rd through October 11th, which is the week we'll be doing interviews for the Advisory Boards. III. EXECUTIVE SESSION Mayor Johnson recessed into executive session. A. The City Council may meet in closed session at any time during the work session or the regular 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 on any item posted on the agenda and the following matters: 1. Citizen's Petition IV. REGULAR SESSION Mayor Brian Johnson opened the regular session at 7:04 p.m. V. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None VI. INVOCATION Pastor Greg Adams from Covenant Life Baptist Church provided the invocation. VII. UNITED STATES PLEDGE AND 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 City Council not scheduled on the Agenda may speak to the Council, provided that an official `Speaker's Request Form'has been completed and submitted to the City Secretary prior to the start of the meeting. All comments must be directed towards the Mayor and Council, rather than individual council members or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action or discussion can be taken on these items. Mayor Brian Johnson explained that the people who have signed up to speak regarding the water rate increase and/or the petition would not be allowed to speak because it is on the agenda. He Page 2 of 10 noted that the standing rule for the Citizen's Forum states: that at this time, any person with business before the City Council not scheduled on the Agenda may speak to the Council. Sherry Beard White, 717 Magnolia Drive, stated that she recently came back to Kennedale to care for her mother; adding that things have changed a lot. She thinks it is very beautiful down the Parkway with all the scrubs, but she is scared to pull out onto the Parkway from the Dollar General Store because it is very difficult to see. She is requesting that the foliage along Kennedale Parkway be trimmed back for better visibility. Bob Gruenhagen, 913 Shady Vale Drive, stated that he wanted to talk about the petition, and the Mayor explained why he couldn't, so he'd like to talk about communications. He said that the Citizen's forum is here, and some people complain, some people have good ideas, but as far as he could see there's no forum for feedback. When we leave here, we don't know what happens to our recommendations. Furthermore, last Friday the city had an open meeting about the budget; but there was no public forum, so if people came, they wouldn't be able to discuss anything. He stated that as far as tonight, he studied why people were not allowed to speak on the water rates and/or petition. He noted that the Council has the authority to allow anyone to speak about anything that's on their mind. He cited a seven page ruling from the Attorney General's office which states that Council has the governing authority to get interaction from the people and let them have a voice, and that it is encouraged. He recommends that Council consider this for the future because it would have been a very important thing to allow tonight. Cathy Brown, 808 Shady Bend Drive; Robert and Wilma Jackson, no address listed; and John Hivale, 418 Coker Valley Drive; were all signed up to speak regarding the water rate, and/or the petition. IX. REPORTS/ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Updates from City Council Charles Overstreet stated that he sat in for Mayor Johnson at the Mayor's Council where they talked about the ZIKA Virus and the mosquito problem with the West Nile Virus. They recommended that homeowners do some water mitigation and spraying in their own backyards. He added that he also attended the Lake Arlington Watershed Committee meeting that looks at controlling the E.coli in Village Creek as it runs into Lake Arlington, to make our water supply safer. B. Updates from the Mayor Mayor Johnson stated that he was sorry that he missed the last meeting and thanked everyone for the well-wishes. He added that his dad and sister are both recovering. Additionally, he spent a week at Camp Hope, which is part of One Safe Place; it is an organization for kids who have experienced domestic violence. He stated that after a week with these kids, He Page 3 of 10 realized that the country is in pretty good hands. C. Updates from the City Manager City Manager Bob Hart stated that everyone is aware that we've had some blue algae issues in the pond at Sonora Park. The Texas Parks and Wildlife people have checked the pond; they believe that we have had enough rain, so it has been cleared. All the signs are down and the pond is safe for fishing. He announced that the dates for the Budget Public Hearings will be September 8th at 7:00 p.m. and September 19th at 6:30 p.m. X. MONITORING INFORMATION Monitoring information updates are in the agenda packet for review. A. Executive Limitations B. Ends Review - Balanced Scorecard XI. INCIDENTAL ITEMS There were no incidental Items. XII. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under incidental items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from July 18, 2016 regular meeting B. Approve Schedule of Investment Activity for quarter ending June 30, 2016 C. Consider approval of Resolution 491 a financing agreement for the purpose of procuring "rolling stock and related equipment" D. Consider approval to extend the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center/Household Hazardous Waste program through September 30, 2017 E. Consider approval of bid awards for health, dental, vision and life and AD&D and voluntary life insurance and authorize the City Manager to sign the agreements F. Consider approval of contract for Municipal Judge G. Consider approval of contract for Municipal Court Prosecutor H. Consider amendment to the developer agreement with Kennedale Seniors, LLC Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion passed Unanimously XIII. DECISION ITEMS Page 4 of 10 A. Consider approval of Ordinance 607 authorizing the issuance, sale and delivery of the aggregate principal amount of $3,720,725 for the City of Kennedale, Texas general obligation refunding bond, Series 2016; securing the payment thereof by authorizing the levy of an annual ad valorem tax; and approving and authorizing the execution of all instruments and procedures related thereto including an escrow agreement, a paying agent/registrar agreement and a purchase contract and investment letter. The final ordinance will be provided at the meeting on Monday night. Bob Hart introduced Mark McLiney, Senior Managing Director for SAMCO Capital Markets, Inc. Mark McLiney stated that they have been working with staff on reviewing standing obligations and watching as interest rates lowered. He noted that they have been waiting on two bond issues in particular; the 2005 and 2008 Certificate of Obligation bonds. He added that they are close to being where we can take advantage of these lower rates. The total savings on the 2005 bonds is estimated to be $296,954; and the 2008 bonds is $405,809. The winning bid comes from First National Bank as presented in Ordinance 607. Motion To approve Ordinance 607 authoring the issuance, sale and delivery of the aggregate principal amount of $3,720,725 for general obligation refunding bond, Series 2016. Action Approve, Moved By Liz Carrington, Seconded By Kelly Turner. Motion passed Unanimously B. Public Hearing on Amendment of Water, Wastewater, and Roadway Impact Fees 1. Presentation by Freese and Nichols 2. Public Hearing 3. Response by Freese and Nichols 4. Action by Council City Planner Rachel Roberts explained that Impact Fees are fees collected from developers when new development comes into the city, which will impact the infrastructure. She added that they have to be roughly proportional to their actual impact on the infrastructure and State Law requires that the fees are regularly evaluated. Eddie Haas from Freese and Nichols was the lead consultant on the Roadway portion of the Impact Fee Study, and Jessica Brown was the lead on the water and wastewater. Mr. Haas stated that Chapter 395 of the Texas Local Government Code requires that impact fee evaluations include a public hearing with the consideration of land use assumptions, a Capital Improvement Plan for the three infrastructure components, and the collection rate of the actual impact fee cost per service unit. He added that Freese and Nichols worked with an Advisory Committee, and looked at surrounding cities to see what they are charging. He continued with the process. He noted that if Council does not decide on the rates tonight, you have thirty days to make a determination. If not, you will have to call another public hearing. He processed with a presentation of twelve project segments, and the cost estimates for each of those segments. Jessica Brown spoke in regard to the water and wastewater portion of the study, stating that they started with the most recent Water and Wastewater Master Plan that was adopted in 2014. Page 5 of 10 She reviewed the current collection rate, the process used, and the projected cost of projects. There was a short discussion regarding the legal requirements for spending impact fees; the areas they can be used for and the time frame in which they must be used. Public Hearing: Mayor Johnson opened the public hearing; there was no one signed up to speak regarding the amendments to the water, wastewater, and roadway impact fees. Mayor Johnson closed the public hearing. C. Consider approval of Ordinance 604 adopting the water and wastewater impact fees Motion To approve Ordinance 604 adopting the water and wastewater impact fees. Action Approve, Moved By Frank Fernandez, Seconded By Liz Carrington. Motion passed Unanimously D. Consider approval of Ordinance 606 adopting the roadway impact fees Motion To approve Ordinance 606 adopting the roadway impact fees. Action Approve, Moved By Liz Carrington, Seconded By Frank Fernandez. Motion passed Unanimously E. Certification of Citizens Petition by City Secretary under Article XI of the City Charter; and Consideration and/or action regarding Citizens Petition under Article XI of the City Charter City Secretary Leslie Galloway addressed the Mayor and City Council, stating that the city's charter does allow qualified voters of the city the power to propose an ordinance through an initiative petition or require reconsideration by the City Council of any adopted ordinance through a referendum petition. She noted that the Charter does not allow for a petition to propose or repeal an ordinance related to zoning, the appropriation of money, or the levy of taxes. She reviewed the events stating that on Wednesday, July 6, 2016 a petition was filed in the City Secretary's office regarding Ordinance 589, which set forth a new water and wastewater rate structure. A petition requires that 250 verifiable signatures are needed, and there were 708 signatures, of which, at least 446 were verified. She added that while the number of signatures is sufficient, two things are problematic. As she mentioned previously, it is not clear what type of petition was filed. The affidavit states that it is a referendum petition. If viewed as such, it is not valid, as the Charter requires that such a petition be filed within 60 days of the effective date of the referenced Ordinance. The effective date of Ordinance 589 was January 29, 2016, which means the petition, would have needed to be filed by Tuesday, March 29, 2016; and it was not. Even though it was stated to be a referendum petition, there was also an attached proposed ordinance, which calls for the recall of Ordinance 589. Proposed ordinances fall under the category of initiative petitions. Again, neither of these types of petitions is permitted to be used to propose or force the reconsideration of ordinances related to the appropriation of money. As utility rates are an appropriation of money, the petition cannot be valid, no matter what form it is determined to be. She added that her review of the signatures is included in the packet. Page 6 of 10 City Attorney Wayne Olson stated that the Charter is the right of the citizens to petition the Council to do certain things. In regard to this petition, the citizens filed it as either an initiative or a referendum. In one case, the residents are asking the City Council to adopt an ordinance; in the other, they're asking that City Council to repeal an existing ordinance. He added that the City Secretary has raised issues concerning the petition, noting that it wasn't filed within 60 days, and the initiative process is not allowed for the appropriation of funds. He added that it is not allowed by the Charter or by State Law; therefore his determination is that the petition does not meet the requirement of the Charter and Council cannot act on it. He added that Council will need to address the issues raised by the citizens in another manner. Mayor Brian Johnson replied that the petition falls under areas not covered by the Charter. However, if you look at our Governance Policy, at the top of the chart you have the owners, who are the citizens. We work for the citizens and staff works for Council. Brian added that you can't just say, yes, there are 700 signatures, but it's not valid under the Charter. If you follow the governance model, it does require some response. I think most people realize at this point that there is a water and sewer infrastructure problem, and you don't like our way of solving the problem. You want us to look for another way of us solving this problem. Mayor Johnson went around the room to allow each Council member to address the public. Council member Charles Overstreet stated that he agrees that our obligation is to respond to the 700 signatures and the spirit of the petition, not necessarily the letter of its validity. We have to deal with our water infrastructure problem without overburdening the residents. He stated that after they instituted the water rates, there was a lot of pushback from the community, so the Mayor put together a Committee, with some of the people who have stood in front of Council and voiced their disapproval. In his opinion, it is not responsible to go back to the old water rates and ignore the problem. We cannot subsidize water out of the development cost in the City; it will shut down all the goals set in the Master Plan. We need to find a solution that allows us to continue to develop the Master Use Plan and create a sustainable water system. Council member Mike Walker stated that he agreed with the City Attorney, noting that there are a number of issues with this petition. He thinks it's clear that the City Charter doesn't allow the kind of relief sought in the petition. The Charter is a legal document, as is the petition, and these need to be handled in a way that doesn't set a troublesome precedent for future Councils. With that being said, there is a lot of dissatisfaction among residents, and he feels they overreached with Ordinance 589, and did not do a good job of seeking public comment before the adoption of the Ordinance. We have not done a good job communicating what the purpose and reasoning behind these rates were. He has learned that citizens want a Council that communicates with the residents and listens to their input. Noting that once we saw the petition was not legal, we began asking citizens what they would like. The recommendation came back that we needed to put together another group of residents to evaluate the rates; and we have done that. In closing, he stated that at one point we could have amended Ordinance 589; but, it has become toxic to the community. He requested that the repeal of Ordinance 589 be added to the September Council agenda. He is hopeful that the Committee will come back with something that is better, something we can all accept, something that will allow us to accomplish the goals that have been set, and something that lessen the burden on the community. Page 7 of 10 Council member Frank Fernandez stated that he knows how hard everyone has worked on the petition and all the legwork that goes into it. He added that Council has listened and we need a new solution. He's glad to see citizens get involved; he asked that you stay involved. He noted that there are other issues facing the City that involves a lot more money and that are more deserving of your input. Council member Kelly Turner stated that he would like to echo what's been said. Certainly we've heard the folks tonight, those on social media, and the 700 plus that signed that petition. He noted that there has not been an open dialogue because Council has not been able to respond in open session. He added now that we are able; I hope everyone can see that we hear you. He noted that Council didn't come to these rates in a 30-day period; we had consultants and a committee to research and present these rates. He agrees with Councilman Walker that we overreached, and we are aggressively looking at solving this. He added that we are glad to have you here; noting that often we only have three people in attendance. He wants everyone in the same boat rowing together; and if we can do that more consistently, we can work towards better ways to communicate. We want your input so we know what direction to move the community. He stated that Council will put Ordinance 589 on the agenda next month and we will look at the rates recommended by the Committee. In closing, he stated that he appreciates those who have taken time to have heart-felt conversations with Council. Council member Liz Carrington stated that it's challenging when we don't get the input that we need. We've listened to groups and experts tell us that we need to fund the infrastructure, and even with these rates, that fund is still $375,000 in the red. She added that the new water rate committee will have an open hearing, and residents will be able to give input. She stated that it's frustrating for Council because there are rules concerning the procedures of meetings; but they have to be followed. She knows that residents are frustrated that there is no feedback. She is proud of the Mayor for following those laws, because it hasn't always been that way in this city. Continuing, she added we are not always right, nor always experts; but when we need information we ask for it. We have a responsibility to keep the infrastructure healthy and alive; to look at this from an economic viewpoint. She noted that water is more valuable than any other commodity; you can't live for more than two days without it. Concluding, she stated that everyone on council loves this city, and cares about it and its residents. We've heard you, and we're working very hard to resolve this issue. We don't want you having to choose between medicine and water. She's sorry we've gotten to this state, but asked for time to fix it. Mayor Brian Johnson stated that he agrees with a lot of what he's heard, and that in crisis there is often opportunity. One opportunity for the citizens is to sign up for a Board. If you don't like something, if you're going to complain, if you don't agree, or if you want to be part of the solution...sign up to serve on a Board, come and provide a different point of view. Mayor Johnson continued, noting several citizens he has spoken with and encouraged to serve on some type of board or committee; and examples of citizens that do not necessarily agree with how things are being handled. He stated that If you really want to know what's going on, please come out and join us. He added that he agreed with Liz that it was disappointing to see so many leave at the June meeting before the Parks Master Plan was presented. Citizens need to hear about this; it's important because it sets how we will be spending money for parks. He added that the City needs a broader base of ideas; we have a lot of issues coming up, and if you have Page 8 of 10 ideas, we need to hear them. Concluding, he stated that he will be happy to talk with anyone at any time. He appreciates all the input, and all the work that's been done. He requested that everyone stay involved even after the water rates are resolved; adding that the City's Strategic Plan is coming up. He provided his cell number for anyone who wanted to talk with him further, and encouraged everyone to sign up for agendas and newsletters on the city's website. Mayor Johnson stated that Council will add the repeal of Ordinance 589 to the September agenda; and requested a motion on the petition. Motion To deny the citizen's petition based on its incompatibility with the City Charter and upon advice of legal counsel. Action Deny, Moved By Charles Overstreet, Seconded By Michael Walker. Motion passed Unanimously F. Review and Consider Action to approve Ordinance No. 603, adopting the 2015 International Building Code, 2015 International Residential Code, 2015 International Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas Code with local amendments, 2015 International Energy Conservation Code, the 2015 International Fire Code with local amendments, and the 2014 National Electrical Code. City Planner Rachel Roberts stated that we are currently operating under the 2006 version of most codes, which makes us a bit behind. She informed the Council that the codes are put out by a national organization, but cities have the option to adopt local amendments, which are more suitable for their community character. Staff is requesting to update the listed codes. City Manager Bob Hart stated that the adoption of these codes has been pushed by the Council of Governments in this region. The local amendments are being done collectively by cities around the metroplex and you'll see this being done across the region within the coming months. Rachel added that there are state mandates that require the City to adopt the International Energy Code by September 1st. Motion To adopt Ordinance 603. Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet. Motion passed Unanimously XIV. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 9:07 p.m. A. The City Council may meet in closed session at any time during the work session or the regular 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 on any item posted on the agenda. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Page 9 of 10 Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 6727 Hudson Village Creek B. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. 1. City Manager's Annual Evaluation XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 10:49 p.m. No action required. XVI. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Frank Fernandez. Motion passed Unanimously APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 10 of 10 JC KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C. I. Subject: Consider approval of minutes from September 8, 2016 special meeting II. Originated by: III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII. Attachments: Fl----Fc—itY Council Special Meeting Minutes - September 8, 2016 9-8-16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES SPECIAL MEETING September 8, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE SPECIAL SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson opened the regular session at 7:00 p.m. II. REGULAR SESSION III. ROLL CALL Present: Frank Fernandez, Brian Johnson , Charles Overstreet, Michael Walker Absent: Kelly Turner, Liz Carrington IV. DECISION ITEMS A. Public hearing to receive input on the Fiscal Year 2016-2017 Proposed Budget. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary City Manager Bob Hart provided a power point presentation. He stated that the budget is a means document from a policy governance perspective. He provided a review of the areas of focus for upcoming years, development challenges, and issues being addressed on multiple fronts. Additional review included property values, land use values, property taxes and exemptions. There was discussion regarding property taxes and exemptions, the effective tax rate, and the way the rollback provision works. Bob informed every one of the upcoming meetings. The Water Rate Review Committee will meet on September 12th to receive citizen input and City Council will meet on September 19th to hold their regular meeting and to adopt the budget and tax rate. Public Hearing: Mayor Johnson opened the public hearing; there was no one signed up to speak. It was noted that this is a public hearing only, and there will be no specific action at this meeting. Mayor Johnson stated that it is Council's intent to adopt the budget and tax rate at the regular Council meeting scheduled for September 19, 2016. Mayor Johnson closed the public hearing. Motion To table the adoption of the FY2016-17 budget until the September 19, 2016 regular Council meeting. Action Table/Move, Moved By Charles Overstreet, Seconded By Michael 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Walker. Motion passed Unanimously V. EXECUTIVE SESSION Executive Session was not held. A. The City Council may meet in closed session at any time during the work session or the regular 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 on any item posted on the agenda. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. Purchase of right-of-way for the extension of Link Street at 5750 Kennedale Parkway VI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Executive Session was not held, no action was taken. VII. ADJOURNMENT Motion To adjourn. Action Adjourn, Moved By Charles Overstreet, Seconded By Frank Fernandez. Motion passed Unanimously The meeting was adjourned at 7:55 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 2of2 JC KENNEDALE You're Here,Your Home www.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D. I. Subject: Consider casting a ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. II. Originated by: Bob Hart III. Summary: Please see the attached information. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII. Attachments: 1. TML Intergovernmental Risk Pool Ballot lBallot.pdf 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 OFFICIAL BALLOT Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election This is the official ballot for the election of Places 6 — 9 of the Board of Trustees for the Texas Municipal League Intergovernmental Risk Pool. Each Member of the Pool is entitled to vote for Board of Trustee members. Please record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve a six-year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2016, Ballots received after September 30, 2016, cannot be counted. The ballot must be properly signed and all pages of the ballot must be mailed to: Trustee Election, David Reagan, Secretary of the Board, P.D. Box 149194, Austin, Texas 75714-9194. If the ballot is not signed, it will not be counted. Pagel of 6 PLACE 6 Mary Gauer (Incumbent). Ms. Gauer has served on the TML Risk Pool Board of Trustees since 1998 and as Chair from 2010 to 2012. She served on the Harker Heights City Council from 1991 to 1998, and as Mayor from 1998 to 2004. Ms. Gauer serves as an elected citizen member of the Executive Committee of the Central Texas COG. She has served as President of the TML Association of Mayors, Councilmembers and Commissioners and the TML Region 9. She has also served as chair or member of several TML legislative committees. 0 Kyle J. Jung. City Manager for Manvel (Region 14) since January 17, 2012. Mar. Jung has more than 20 years of local government experience working for the cities of Flatonia and Sour Lake as City Manager, cities of Lubbock and Big Spring in various administrative roles, and with the Texas Municipal League. At the Texas Municipal League, he was chiefly responsible for the governance of the Texas City Management Association. Mr. Jung has a Master's degree in public administration with an emphasis in budgeting and personnel management from Texas Tech University. WRITE IN CANDIDATE: Page 2 of 6 PLACE 7 ❑ Richard Jorgensen. City Manager of Giddings (Region 10). Previously, he served as City Manager for Vidor, Silsbee, and Sour Lake. Mr. Jorgensen has 20 years' experience in city government preparing, coordinating and monitoring the annual fiscal budget. He has also been involved in 4A and 4B economic development corporations for 13 years as either chairman or as a director. He has a Bachelor's degree in business administration and a Master's degree in public administration. He is involved with the Texas City Managers Association, serving on the Board for two years. ❑ C.J. Wax (Incumbent). Mayor of Rockport since 2010. Mr. Wax is the current President of TML and served as the TML Region 11 Board Representative to the TML Board from 2011-15. He has served on the TML Risk Pool Board since 2013. He also has served on the Care Regional Board of Trustees since 2014 (currently as Chairman), on the Texas Windstorm Task Force under Chairman Todd Hunter, and on the Rockport Planning and Zoning Commission from 2009- 10. He currently represents Rockport on the Coastal Bend COG, Aransas County Pathways, and Storm Water Advisory Committees. WRITE IN CANDIDATE: Page 3 of 6 PLACE 8 ❑ dim Cox. City Administrator for the City of Leonard (Region 13)since October 1, 2015. He previously served as City Administrator in Lindale, Texas, and Groesbeck, Texas. He also served for two terms on the City Council and on the Home Rule Charter Commission for Bay City, Texas. Mr. Cox is active in TCMA serving on the Membership Committee and Small Cities Advisory Board. He is a graduate of the Certified Public Manager Program at Stephen F. Austin University and attended the University of Texas at Arlington majoring in Business Administration. ❑ Andrea M. Gardner. City Manager for the City of Copperas Cove (Region 9) since 2007. Previously, she was the Assistant City Manager/Director of Finance for Copperas Cove, Director of Finance for Pearland, and the Senior Budget Coordinator for Pasadena. She holds a Bachelor's degree in Accounting from the University of Houston and is a Certified Public Manager. Ms. Gardner also serves on the Metropolitan Planning Organization Technical Committee as the City's representative and the Central Texas COD's Executive Committee as a Citizen Liaison. ❑ Larry Melton (Incumbent). Mayor for Odessa (Region 4) from 2001 to 2012. Mr. Melton also served three years as a councilmember. He has served on the TML Risk Pool Board of Trustees since 2009 and as Chair since 2414. He is the Chief Executive Officer of a regional public accounting firm, Johnson, Miller and Company, where he is responsible for all administrative and human resources areas of the firm. Previously, Mr. Melton was in the banking business for approximately 30 years. He is active in the United Way of Odessa and Odessa Chamber of Commerce. In 1993,he was honored as Odessa's outstanding citizen. WRITE IN CANDIDATE: Pagc 4 of PLACE 9 ❑ Richard L. Davis, City Manager for Baytown(Region 14) since 2015. Mr. Davis also served as City Manager for West Jordan, Utah; Town Manager for Fountain Hills, Arizona; and City Manager for West Point City, Utah. He has a Bachelor's degree in Public Relations from BYU and a Master's degree in Public Administration from BYU. He is a graduate of the Romney Institute of Public Management (Marriott School of Management) and the recipient of the Lennis M. Knighton Award for high academic achievement. He is a credentialed Municipal Manager by the International City and County Management Association. ❑ Andres Garza (Incumbent). City Manager for the City of Wharton (Region 14) since 1994. Mr. Garza has served on the TML Risk Pool Board of Trustees since 1984, serving as Chair from 1994-1996. He served as the Pearsall City Manager from 1980 to 1994. Mr. Garza has been in public service for over 39 years of which 36 have been as a City Manager. He serves on the TML Small City's Advisory Council, has a BBA degree from Southwest Texas State University, and is a member of TCMA and ICMA. ❑ Rick A. Schroder. City Administrator for the City of Helotes (Region 7) since September 2008. Mr. Schroder also served Helotes as the Economic Development Corporation's Specialist from November 2006 to September 2008. He graduated Magna Cum Laude from Trinity University in 2004 and earned a Master of Public Service and Administration in 2006 from the George H.W. Bush School of Government and Public Service at Texas A&M University. He interned for Congressman Henry Bonilla and for Ron Kaufman, former White House Political Director for President George H.W. Bush. WRITE IN CANDIDATE; Page 5 of Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness by hand,this day of , 2016. Signature of Authorized Official Title Printed]Name of Authorized Official Printed Name of Political Entity Page 6 of 6 JC KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E. I. Subject: Consider approval of Library Memorandum of Understanding for a family place grant through the Texas State Library and Archives Commission (TSLAC) II. Originated by: III. Summary: The Texas State Library and Archives Commission (TSLAC) has awarded the library a large grant for travel and training in November at the Family Place Institute in New York. We must execute a Memorandum of Understanding for$6,000 in specific funding to implement the training provided by TSLAC. TSLAC also wants us to publicly credit them as follows: "The Kennedale Public Library Family Place Program is made possible in part by a grant from the Institute of Museum and Library Services to the Texas State Library and Archives Commission under the provisions of the Library Services and Technology Act (2017)." IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1 TSLAC Memorandum of Understanding SLAC MOU 2016.tif 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 Memorandum of Understanding Between Texas State Library and Archives Commission And Kennedale Public Library This Memorandum of Understanding(MOU)sets forth the terms and understanding between the Texas State Library and Archives Commission(TSLAQ and the Kennedale Public Library,a participant in the Texas State Library and Archives Commission Family Place Libraries Project.This Project is made possible partially by a grant from the Institute of Museum and Library Services(IMLS)to the Texas State Library and Archives Commission under the provisions of the Library Services and Technology Act(2017). Background The Family Place Li bra K es Train!ng Institute provides theoretical grounding and practical training in family centered library services.By expanding the traditional role of children's services,the Family Place Libraries Project helps Project participants build on the knowledge that good health,early learning,parental involvement and supportive communities play a critical role in young children's growth and development. The Family Place Libraries Project provides training and resources to help participants redesign their library environment to., be more welcoming and appropriate for children beginning at birth;connect parents with the resources,programs and services offered at the library and other family service agencies;and,connect with non-traditional library users.The Project participants will be able to create the network families need to nurture their children's development during the critical first years of life,and help ensure the children have access to resources that will allow them to enter school ready and able to learn. Purpose of this Memorandum of Understanding The Texas State Library and Archives Commission funded the registration fees for two staff members from Kennedale Public Library to attend the Family Place Libraries training on November 14—17,2016 at the Middle Country Public Library in Centereach,New York. The on-site training provides information and guidelines for establishing a specially-designed,welcoming space and learning environment within the children's area of the Library for young children and their caregivers.As a participant in the TSLAC-sponsored Family Place Libraries Project,TSLAC agrees to provide Kennedale Public Library a state-funded sub-grant in the amount of$6,000 in order to establish a family space and learning environment in the children's area of the Library,as specified in the Family Place Libraries Project training.These grant funds may ONLY be used to purchase items for use specifically in the Family Place-designated space and learning environment.The Library may not use any of the grant funds fpr indirect costs. The Library must expend all funds granted under this MOU in compliance with the standard State of Texas terms and conditions and according to guidelines provided by the Family Place Libraries Project, Timeline The Texas State Library and Archives Commission will advance$6,000 to the Kennedale Public Library upon receipt of a fully executed Memorandum of Understanding.The MOU must be executed by an official of the library's governing authority authorized to enter into this agreement. 1 February 10,2017—The Library must encumber all grant funds. March 24,2017—The Library must submit all Financial Forms to the Texas State Library and Archives Commission;documentation must include a list of invoices and amounts paid for each.The Library must attach copies of all paid invoices for all items purchased under the Project. April 21,2017—The Library must return all unexpended funds or funds used for unallowable items to the Texas State Library and Archives Commission Authorized Signatures for Execution of Memorandum of Understanding This Memorandum of Understanding shall become effective upon TSLAC's receipt of the executed document. The MOU is hereby executed by the below authorized official from the City of Kennedale. The MOU will remain in effect until all conditions outlined above have been met,unless modified or terminated earlier by mutual consent. This MOV may be modified by mutual consent of authorized officials from the Texas State Library and Archives Commission and the City of Kennedale. Contact Information: Texas State Library and Archives Commission Project Representative:Christine McNew Position:Youth Services Consultant Address:PO Box 12927,Austin,Tx 78711-2927 Telephone:512-463-4856 Fax:522-936-2306 E-mail:cmcnew@tsl.texas.eov L ry: Amanda King Library Director 316 West 3`d Street,Kennedale,TX 76060 817-985-2136 Fax:817-4830660 aking@eitVofkennedale.com Y1�J TINS#17560030706 Krystal Crtknp Funds will be paid by electronic transfer Fnance Director 405 Municipal Drive 817-985-2110 kcrump@cityofkennedale.com Questions about TINS#or direct deposit:contact Arturo Villarreal,Grants Accountant,512-463-5512,email a vi ll a rre a l O is l.texa s.g ov. 2 Authorized Signatures: Texas State Library and Archives Commission: Signature: Date: Name- Donna Osborne Title:Chief Operations and Fiscal Officer Library Governing Authority: Signature: Date: dr4 9 7 2d1 Name: Bob Hart Title:City Manager 3 Appendix A Texas State Library and Archives Commission Terms and Conditions All Dfthc following terms and conditions are hereby made pail of this Memorandum of Understanding(Agreement)with the Texas Statc Library and Archives Commission MLAC)by reference. Submitting a Response with a false statement is a material breach of contract and shall void the submitted Response or any resulting agreements,and the Library/Legal Entity may be prohbiled from receiving future grant awards. Agreements awarded by TSLAC shall be governed by and construed in accordance with the laws of the State efTexas.The federal or state courts ofthe United State located in Texas shall have jurisdiction to bear any dispute under potemial contracts and serviced may be made upon TSLAC by first class mail to its address as set forth herein. In the events ofconflicts or inconsistencies between this Agreement and its exhibits or attachments,such conflicts or inconsr`srencies shall be resolved by reference to the following order ofpriority:Signed TSLAC Agreement.TSLAC Terms and Conditions"Attachments to the Agreement,other Program documents executed by Library/Legal Entity. 1. Notices.Unless spmfically noted elsewhere in this Agreement,any written notices required under this Agreement will be either hand delivered to Library/Legal Entih s of5w address spcvfied on the signature page of this Agreement or to TSLAC's Purchasing Department,1201 Brazos Street,Room 309,Austin,Texas 78701,or,by U,S-Mai 1,certified.return receipt requested,addressed to the appropriate foregoing address. Notice%Ni 11 be eIl"eotivc on receipt by the Affected party. Eicher party mar change the designated notice address by written noti rccation m the other party, 2. Debarred Entity List.Libtary[Legal Entity represents and warrants that it and its principals arc eligible to participate in this transaction and have not been subjected to suspension,.debarment,or Similar ineligibility determined by any f:krat.state or local government entity and that LibrarylLegal Entity is in compliance with the State statues and rotes rotating to procurement and that library/Legal Pntity or its subcontractors arc not listed on the kdcral government's terrorism watch list as describer)in Executive Order 13224. Entities ineligible for federal procurement are listed at linpillwww.sam.gov. 3. Duty to Disclose"If Circumstances change or additional information is obtained regarding any of the representations and warranties,or any other disclosure statements.provided by LbrarylLegal Entity subsequent to the date oflhis Agreement, Ubra yll cgal Entity's duty to disclose continues through the term ofthis Agreement. 4. Sates and Use Tax.The TSLAC,as an agency of the State of Texas,qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sates,Excise,and Use Tax Act..The Libraryfl agal Entity may be able m claim exemption from payment ofapplicablc State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. Excise Tax Exemption Certificates are available upon request. 5- Observance of TSLAC Rules and Regulations.LibrarylLegal Emily agrees that at a]I times its employees will obsetve and comply with all regulations when accessing the TSLAC facilities.including,,but not limited to.parking and security regulations. 6. Non-Appro priation of Funds.The State funds are contingent on the availabil ity of lawful appropriates by ilic Texas Legislature.tf the Texas Legislature fails to continue funding for the payments due under an order referencing this Agreement;the order will tmTrurnate as ofthc date that the funding expires,and The State will have no further obligation to make any payments. 7. No Other Benefits,LibrarylLcgit Entity shall have no exclusive rights or benefits other than those set forth herein. S. Prohibited Use of Appropriated or Other Funds Under Control o€State Ageneyt Lobbying_ Library/Legal Vraity represents and warrants that TSLAC's payment to Library/Legal t:nlity and library/Legal Entity's receipt of appropriated or other funds under this any resulting Agreement are prohibited by Section 556.005 or Section 556.008 of the Texas Government Code, 9. Public Information Act.Infor-rmumn,documentation,and other material in connection with this PP?or Agreement may be subject to public disclosure pursuant to Chapter 5$2,021 of the Texas Government Code(the"Public information Acf'). Any pan ofa submitted Response that is of confidential or proprietary nature must be clearly and prominently marked on Barb page as such by the Libmry[Legal Entity" ]0. Confidentiality and Open Rccords.L"ebraryfLega]Entity shalt take all necessary and appropriate action to safeguard all smsilke data and other rwnfidential information from unauthorized disclosure.Whenever the transmission of confidential information is necessary,Library/Legal Entity shall transmit the information electronically,and such electronic transmission shall be-ecom and the data encrypted,at a minimum,using 128 AES encryption to protect it from unauthorized disclosure, Pa8c 1 of 14 l3p11at94 R4li512613-DLQ Appendix A Texas State Library and Archives Commission Terms and Conditions Notwithstanding any provisions of this Agreement to the contrary,UbrarylLegal Entity understands that TSLAC will comply with the Texas Public Information Act as interpreted byiudicial opinions and opinions of the State's Ano tLy General. Within three(3)days ofreceipt,Library/Legal Entity shall refer to TSLAC any third party requests received directly by Library/Legal Entity for information to which LibraryR.egat Entity has access as a result afar in the course of performance under this Agreemem- Libra y/Lte al Entity is required to make any information created or exchanged with the state pursuant to this Agreement.and not otherwise excepted frmtt disclosure under the rxas Public Information Act, available in a format that is accessible by the public at no additional charge to the Statc. 11_ Antitrust.Libraryit.ega€Entity represents that neither the LibrarylLegal Entity nor the company.corporation,partnership. or institution represented by the Libraryl[,egal Entity,or anyone acting for such firm,corporation,or tnstitulon has violated the antitrust laws afthis State or the Federal Antitrust Laws,nor communicated directly or indireetly the pro posal to any other person cngagcd in such line ofbusincss. 12. NG Conflicts.LibrarylLcgal Entity represents and warrants That LibrarylL.egat Entity has no actual or potential conflicts of interest in providing so-ices to TSLAC under this Agreement and that LibrarylLeaal Entity's Provision of services under this Agreement would not reasonably create an appearance of impropriety. Without limitation on the foregoing,other disclosures required under this Agrecrosmt,and other prohibited work provisions of this Agreement,Li braryl Legal Entity shall.throughout the term of this Agreement,comply with and provide all ofthe to[]owing to TSLAC,upon request.a copy of Library/Legal Entity's most recent audit ifany,together with a full disclosure of any and all intemal control weaknesses, ifany;disclosure and detailed description of LibtarylL.egal Entity's most recent peer review,if any,stating the date of the review and i rrcgu[antics,if any,and concluding comments:disclosure and detailed description ofany ernerging irregularities,ifany,that could materially affect TS LAC's iwerests;and disclosure and detailed description of how LibraryUgal Entity determines whether LibrarylLegaf Entity's outside auditors provide consulting or other services to LibraryfUgal Entity or LibrarylLegal Entity's clients or to TSLAC. 13. specifications. The State will not be bound by any oral statement or representation contrary to the written specifications. M Delivery. a) Delivery shall be made during normal working hours(Sam-5pm,.CT),unless prior approval has been obtained from the MAC. b) No substitutions permitted without written approval orthe TSS.AC's Purchasing Dept c) Ii delay is foreseen,Llbrary/L.ogal rMity shell give written notice w the TS LAC. Li brarylLegal Entity must keep the TSLAC advised at all times of status of order.Defautt in promised delivery(without accepted reasons)or tailure to meet specifications authorizes the MAC to purchase supplies elsewhere and charge full increase.if any-in cost and handling to defaulting LibrarylLegal Entity. I5. Permits,Weenses-Libraryli.egal Entity represents and warrants that it has obtained a]I necessary permits.licenses, cascmcnts,waivers,and permissions of Whats7ouvor kind required for its performance and the performance of irs subcontractors under this Agreement. 1G. Agreement Fui rill ment If fcdcral or state laws or regulations or other federal or state requirements are amended and judicially interpreted so that either party cannot reasonably"Flt this Agreemcnt,and if the parties cannot agree to an amendment that would enable substantial continuation ofthe Agreement_the parties shall be discharged from any further obligations under this Agreement- 1T. Control;Ownership;Legal Proceedings,Library/Legal Entiy shall immediately notify TSLAC in writing of any actual or anticipated change in the control or outtership of LibrerylLegal Entity and of any legal ar administrJtivc investigations or precccdings initiated against Libraryltegal Entity regardless of the jurisdiction from which such proceedings originate- t8, Time Limits.Time is of The essence in the performance of This Agreement-LibmrylLcgaI Entity shall strictly comply with alt of the deadline,rega ircments-and Standards of Performance for this Agrt:emcnt, 19. 1uspection and Tests.A]I goods wi11 be subject to inspection and test by the State-Authorised TSLAC personnel shall have access to supplier's place ofbusioess for the purpose of inspeming merchandise. Tests shall be performed on samples submitted with the Response or on samples taken from regular shipments.All costs shall be borne by the Li bmrylLegal Lnsity in the event producU tested fait to meet or exceed all conditions and mquircmemt,,of the specification.Goods delivered and rejected in whole or in part may,at the State's option-be returned to The LibraryfLegel Entity or held for Page 2 of 14 U pdated 09115RO15-.D LO Appendix A Texas State Library and Archives Commission Terms and Conditions disposition at Library/L.ep]Entity's expense-Latent defects may result in revocation ofaward. 20. Paymcm.Payment shall be made in accordance with Texas Prompt Payment Act.Chapter 2251 of Texas Govemment Cade-TSLAC sltall not pay any amounts for any purpose to LibrarylLegal Emity or any entity,except as expressly provided in the AgreamenL TSLAC reserves the tight to make payments only upon receipt of a correct invoice,including a]I of the required supporting documemaiion.TSLAC also reserves the right to refuse payments fur invoices that exceed the rates specified in the AgreemenL 2I. Dispute Resolution.Unless an applicable state statute or applicable federal law establishes another procedure for the resolution of disputes,the dispute resolution process provided for in Chapter 2264,Texas Government Cade.shall be use& as further described herein,by ISLAC and the Library/Legal Entity to attempt to resolve all disputes arising under this Agreement.Library[LegaI Entity claims for breach ofthis Agreement that the patties cannot resolve in the ordinary course of business shal I be submitted to the negotiation process provided in Chapter 220,subchapter B.orrhe Texas Government Code-To initiare the process,LibrarylLegal Entity shall submit written notice,as required by subchapter 8,to the Chief Financial Offimrr or the designate.Said notice shall specifically statc that the pmvis ions of Chapter 2260,subchapter B.are being invoked.A copy of the notice shall also be given to all other reprewriwti—of Library/Legal Entity and the TSLAC otherwise entitled to notice under the parties'Agreement-Compliance by Libraryllcgal Entity with subchapter 6 is a condition precedent to the filing ofa contested case proceeding under Chapter 2260,subchapter C,of the Texas Government Code.The contested ease process provided in Chapter 2250,subchapter C,of the Texas Government Code is Library/Legal Entity's sole and exclusive process for seeking a remedy for any and all alleged breaches of Agreement by TSLAC if the pan ies are unable to resolve their disputes under this Section.Compliance with the contested case pmcess provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chaptcr 147 of the Civil practices and Remedies Code-Neither the execution ofthis Agreement by T'S LAC on any other conduct of any reFresenlative afTSLAC retating to this Agreement shall be considered a waiver of sovereign immunity to suit.The submission.processing and resolution of I-ibrary/Legal Entity's claim is governed by the pub]ished nits adopted by the Ot;ice orthe Attorney General pursumt to Chapter 2250,as currently cffecdve,hereafter enacted or subsequently amended.. These rules are found in the Texas Administrative Code-Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension ofperfonnance by the Libraryllcgal kntity,in whole or in pan. 22. Gi4Ys..The LibrarylLagal Entity has not given,offered to give,nor intends to give at any time hereafter any economic opportunity,funue employment,gift,loan,gratuity,special diacoUK trip,favor,or service w a pubic servant in onnnection with the submitted Response or Agreement. 23- Compensation.Pursuant to Chapter 2155-004 ofthe Texas Government Code.the Library)Legal Entity has not received compensation for participation in the preparation of the specifications far this RFP or Agreement. 24. Certification Regarding Non-Payment of Child Support. Pursuant to Section 231.006(d),Family Code,rc;child support.the LibrarylLegat Entity certifies that the individual or business entity named in this Response is not ineligible to receive the specified paymcni and aelmowledgcs that this Agreement may be tmninsted and payment may be withheld if this certification is inaccurate. Furthermore,any bidder subject[a Section 231.005 must include names and social security numbcn ofeach person with at least 25%or nership of the business entity submitting the bid-This information must he provided prior to award. 25- Eligibility. Under Chapter 2155-004 of the Texas(iovernment Code,the Library/Legal Entity certifies that the individuat or business entity named in this Response or Agreement is not ineligible to receive die spec/ficd Agreement and acknowledges that this Agreement may be terminated and payment withheld 1rthis certification is inaccurate, HbrarylLegal Entity represents and warrants that it is not delinquent in the payment of any franchise taxes ovs d the State. 26. Liability for Taxes.Library/Legal Entity represents and warrants that it shall pay at]saxes or similar amounts resulting from this Agreement-including`but not limited to,any fcdmL state,or local income,sales or excise taxes of Library/Legal Entity or its employees.TSLAC shall not be liable for any such taxes resulting from this.AgrcemcnL 27. "V8s.Libraryll`gal Entity represents and warrants that it shall comply with the historically Underutilized Business requirements ofthis Agreement. 28- Indemnification.Library/Legal Entities that are county governmrnls art exampled from this Paragraph 28.Vendor shall indemnify and hold harmless the State c f Texas and Customers,AND/OR THEIR OF'FICFRS.AGFNTS_ EMPLOYEES,REPRESE\TA7IVE5,CONTRACTORS,ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTION&CLAIMS,DEMANDS,OR SUDS,AND ALL RELATED COSTS,ATTORNEY PEGS,AND EXPENSES arising out of,or resulting from any acts or emissions of the Vendor or its agents,employers.subcontractors in Page 3 of 1q t,Spdated 09115P-015-DLO Appendix A Texas State Library and Archives Commission Terms and Conditions The exceurimt or Performance of the Agreement and any Purchase Orders issued under the Agrvcment. -THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERA t.W1WN. TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR A'ND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM- 29, Debt Libmry4Agal Entity agrees that any payments due under this Agreement will be applied towards any deb4 including but.not limited to delinquent taxes and child support that is owed to the State of Texas.Library/Legal Entity shall comply with rults.adopted by TS LAC under Sections 403.955,443.0351,2252.943 of the Texas Government Code and other applicable Laws and regulations regarding satisfaction ofdebts or delinquencies to the State. 30. Executive Head of a Sure Agency.Pursuant to§669.003,Government Code,the TSLAC may,not enter into a Agreement wnh a person who employs a current or former Executive Head of a state agency until four years have passed since t1,at Person was the executive head of the state agency. By submitting a Proposal,ifrc Rcspondcnt ceriiftes that h does not employ any person who was the Executive Head of a state agency in the past four years. 31. State Auditor's Clause. LibraryIl.egad Entity understands that acceptance of funds under this Agreement acis as acceptance of the authority of the State Auditor's Office.or any suceessur agency,to conduct an audit or investigation in connection with those Funds.Library/Legal l?nriry funhcr agrees 10 caoperau fully with the State Auditor's Ofrroc or its successor in the conduct of the audit or investigation,including providing all records requested.Library/Legal Entity will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through LibraryYLegal Entity and the requirement to cooperate is included in any subcontract it awards. 32. Infringements. a) l.ibary/Lcgal Entity shall indemnity and hold harmless TS LAC and the State of Texas,AND/OR THEIR EMPLOYEES,AGENTS,REPRESENTATIVES,CONTRACTORS,ASSIGNEES,.AND/OR DESIGNEES from any and all Third party claims involving infritrgemct t of united States patents,trade and service marks.copyrights.. trade secrets or other proprietary rights,and any Other intellectual or intangible property rights in connection with the PERFORMANCE OR ACTIONS OF LIBRARYILEGAL ENTITY PURSUANT TO THIS AGRFF.MrNT. L(BRARY/LEGAL ENTITY AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLALM-LIKRARYILEGAL ENTITY SHALL BE LIABLE 10 PAY ALL COSTS OF DEFENSE,UNCLUDTNG ATTORNEY'S FEES.THE DEFENSE SHALL BE COORDINATED BY LIBRARYILEGAI,ENTITY WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN"I-ERAS STATE. AGENCIES ARE N&MED DEFENnANTS IN ANY LAWSUIT AND LIBRAKWLEGAL ET:'TI-Y t+4AYNOT AGREE To ANY SETITF FM ENT WITHOUT FIRST OBTAINING TIIF CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. b) Librarylicga)Entity shall have no liability under this section if the alleged infringement is caused in whole or in pan by:(i)use ofthe product or service for a purpose or in a manner for which the product or service was not designed, (ti)any modification made to the product without Library/Legal Entity's written approvaT.(iii)any modifications made io the product by the LibrarylLegai Entity pursuant to TSLAC's specific instructions.tiv)any in tcl toetual property right owned by or licensed to TSLAC,or(v)any use of the product or service by TSLAC that is not in eonforrairy with the terms of any applicable license agre rnew- c) If Libmi-ylLegal Entity becomes aware of an actual or potential ctaim,or IS LAC provides the f.ibmry/Legal Entity with notice ofm actual or potential clain4 Libraryll-ega]Entity may(or in the case of an injunction against TSLAC. sha11)at Libraryflxgal Entity's sole option and expense;(i)procure for the LibrarylLegal Entity the right to eon tinuc to use The affected portion of the product or sen•ice,.or(ii.)modify or replace the affected portion of thu product or service with functionally equivalent or superior product or scmice so that TSLAC's use in Iron-infri nging. 33. Patents and Copyrights,Library/icgal Entity shag defend and indemnify,TS LAC and the State of Texas against claims of patent,trademark.copyright,trade secret or other proprietary rights,violations of infringements arising from TSLAC's or Lib=yil.egal Entity's use of or acquisition ofany services or other items provided to TSLAC by Lihrary/Legal Entity or otherwise to which TSLAC has access as a result of Libmry/Legal Entity's perfarmaocc under this Agreement,provided.that TS LAC notify Library/Legal Entity ofany such claim within a Live I5)working days time of TSLAC';receiving notice of any such claim. If LibrarytLegal Entity is notified of any claim suhjett to this Section,LibmrylLegal Entity shall notify TS LAC of such claim within fioT(5)working days of such notice. IPTSLAC determines that a conflict exists between its interests and those of Library/Legal Entity or if I SLAC is required by applicable law tp select separate counsel.TS LAC shall be permitted to select separate counsel,and the actual costs TSLAC's counsel shall be paid by Lib arylLcgal Entity. No settlement ofany such claim shall be made by I.ibrary/LCgal Entity without TSLAC's prior written approval. Pagc4ofti U pda red 6911 SnO I5-D LO Appendix A Texas State Library and Archives Commission Terms and Conditions Library•ILegal Entity shall reimburse TSLAC and the Sute of Texas for any claims,damages,losses,costs,expensm judgments or any other amounts„including,but not limited to,ariomeys•fees and court costs arising from any such claim. Library/Legal Entity represents that it has determined what licenses,.patents and permits are required under this Agreement and has acquired all.such license&patents and claims. 34. LibrarylLegal Entity Assignments.LibrarylLegai Entity hereby assigns an awanling agency any and all claims for overcharges associated with this Agreement arising under the antitrust laws ofthe United Stapes 15 U-&C.A Section 1,et seq(I 77a),and the antitrust laws ofthe State ofT"exas.TEX.Bus.&Comm.Code Ann,Sew 15.01,er seq(1967). 35. Default. Ifthe l.ibrary•ILegal Entity rails to provide the goods or services contracted for according to the provisions of the Agreement,or fails to comply with any of the terms and conditions of the Agreement,the TSLAC Wray,upon written notice of default to the Librarv,7.ega1 Entity,immediately terminate all or any part of the Agreement.Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in eq uity,by taw or render the Agreement_ TSLAC may exercise any other right,remedy or privilege which may be available to it under applicable law of the state and any ether applicable law or may proceed by appropriate court action to enforce the provisions of the Agreement,or to recover damages for ate breach of any amendment being derived from the Agreement.The exercise of any ofthc Foregoing remedies will not constitute a termination of the Agreement unless the TSLAC noti fits the LibrnrylLegal Entity in writing prior to the exercise of such remedy.The Library/Legal Entity shall remain liable roe all covenants and indemnities under the Agreement. The Library/Lcgal Entity shall be liable for all costs and expenses,including corms Costs,incurred by the TSLAC with respect to the enforcement of any of the remedies listed herein- 36. Cancellation.The canxllation of the Agreement under any circumstance.whatsoever,shall not eR9et or rtlin'e Library'll.egal Fntity from any obligation or Ilabi Pity that may have been incurred or will be incurred pursuant to this Agreement_and such eaneclIahon by TSLAC shall not limis any usher right or remedy avui lahle to the IS LAC at law or in equity. 37. Agreement Amendments.No modification or amendment to the Agreement shall become valid unless in writing and signed by both panics,All wrrespondcncc regarding modi rrrations a amcndmenus to the Agreement must be ronvardcd to the TSLAC Purchasing Department for prior review and approval.Only the contract administrator within the Purchasing Department or hiAer designee will be authorized to sign changes or amendments. M Independent Library/Legat Entity Status.Library/Legal Entity agrees that Library/Legal Entity and LibrarylLegal Entity's employees and agents have no employer�mployee relationship with"15 LAC.TSLAC shall not be responsible for the Federal Insurance Contribution Ant(FICA)payments,fe!dcral Or:;tale unemployment taxes,income tax withholding, Workers Compensation insurance payments,or any other insurance payments,nor will TSLAC furnish any medical or retirement benefits,any paid vacation or sick leave. 39. Publicity. LibrarylLcgal Entity agrees that it shall not publicize this agreement or disclose,confirm or deny any details thereof to third parties nr use any photographs or vidco rceordings ofTSLAC's name in connection with any sales promotion Or publicity event wi chant the prior express written approval of TSLAC. 40, Severability. If one or more provisions of this Agrccment or the application of any provision to any party or circumstance is held invalid,unen Forceable.or illegal in any respect,the remainder ofthe agreement and the app Heal lon ofihe provision to other parties or circumstmocs shall remain valid and in full force and effect. 41. No Waiver.Nothing in this Agreement shall be construed as a waiver oflhe state's sovereign immunity.Ibis Agreement shall not constitute or be construed as a waiver afarny of the priviteo-s,rights,defenses,remcdie&or immunities available to the State of Texas.The failure to enforce,or any delay in the enforcement,ofnny privileges.rights.defenses,remedies, or immuni6;3 available to the State of Texas undo[this Agreement or uarkr applicable law shall not constitute a waiver of such privileges,rights,defenses,remedies.or immunities or be considered as a basis for estoppel."TSLAC does not waive any privileges,rights defenses,or immunities availablo to TSLAC by entering into this Agrecmcnl or by its conduct prior to or subsequent to entering into this agreement. 92. Property Rights.For purposes oflhis Agreement the term"work"is defined as all reports,work papers,work products, materials,approaches,designs,speeificanions,systems,documentation,methodologies,Concepts,intellectual property or other prop"developed,produced or geneceted in connection with the services provided under the.Agreement.The TS":.AC and LibrarylLegal Fotity intend this Agreomcm to be a contract for services,and each considers the work and any ant all dotumcotation or otter products and results ofthc services to be rendered by Libraryll.egai I_mity to be a work made for hire.By execution of an Agreement for these scrv'iccs,LWraryfl cgal Entity acknowledges and agrees that the work(and Page S or 14 U pdated 0911"IS-DLO Appendix A Tuas State Library and Archives Commission Terms and Conditions ali rights therein)belongs to and shall be the sole and exclusive property ofthe TSLAC. If,for any reason,the work would not be considered a work-for-him vnder applicatik law.Library/Legal entity does hereby sell,assign,and transfer to the TSLAC,its successors and assigns,the entire right,title and intcrcat in and to the copyright o£the work and any registrations and copyright applications relating thereto.and any renewals acrd extensions thereof,and in and to all works based upon,derived from,or incorporaring the work,and in and to ail income,royaltie,,,.damages,claims and payments now or hereafter due or payable wAth respect thereon-and in and to all causes of action-either in law or in equity for past,present,or fatore infringemem based on the copyrights,and in and all to rights corresponding to the fomgoing•LibrarylLtgat Entity agrees w execute alt papers and to perform such other property sights as the TSI.AC may dean necessary to secure for TSLAC or its designee the rights herein assigned. Copyrightable material made by the l..ibrary'1I.egsl Entity for TSLAC shall be considered work-made-for-hire for TSLAC within the meaning of the copyright laws. LibrarylLegal Entity shall assign all rights,title and interest in such copyrightable materials to TSLAC.Should this work product prove to be patentable,Libraryll,cgal Vntily will assign all patent rights to TSLAC upon request.TSLAC shall have the right,at its discretion,to keep such work product as a trade secret. Librwy/Legal Entity and Libraryllxgal Entity's employees shall have no rights ofownership of the Work and any documentation.or other products and results ofihe services or any other property of TSLAC. Any property or Work not specifically scheduled in this Agreement as properly of Libmryll,egal Entity sball constitute property of TSLAC. to addition to compliance with tuts right to examination provisions of the Agreement,Library/Legal Entity must deliver to TSLAC-no later than the fony-cight(48)hours after receipt ufTSLAC's written request for same,all completed or partially completed Work and any and all documentation.or other products and results ofthe Services under such Agreement. LibrarylLegal Entity's Failure to limely dtlivcr such Work or any documentation tar other products and results of the Services will be considered a material breach of the Agreement. With the prior written approval of TSLAC-this forty-nighr(48)hour period may be c-stendod for delivery ofcertain completed or pacrially Completed Work or other such information,ifsuch extension is in the best interest ofthc State ofTeaas or TSLAC.if Library/Legal Emity fails to do liver such Work within foriy-eight(4$)hours after receipt of written request for same,TSLAC may withhold all payments m t-Ebrary/1,egal Entity. may withhold all authorization for payment of previously approved and future invoices.may impose IEquidatcd damages of $1ODO per each twenty-four(24)hour period of delay,or a pro rata amount for any portion ofeach such twenty-Four(24) hour period. During the transition from any successor of the Library/Legal Fruity,TSLAC may impose liquidated damages of$2000 rather than 51000 per each twenty-four(24)hour period of delay,or a pro rata amount for any portion ofeach such twenty-four(24)hour period. 1-hcsc liquidated damages are in addition to other remedies and rights that are applicable or avaitable to TSLAC for such failure or delay under this Agreement 43. Acceptance of Froduets and Serwiees.Alt products furnished and all services performed under this Agreement shall be to the satisfaction of TSLAC and in accordance with the specifications,terms,and conditions of this Agreement.TSLAC reserves the right to inspect the products furnished or the services performed.and 10 determine the quality,aemptability,and fatness of such products or services. 44. Dcceptive Trade I'raetices Act(DTPA).LibrarylUgal Entity represents and warrants that it has not been the subjeot ofa Deceptive Trade Practices Act or any unfair business practice administrative hearing or mart suit,and that LihraryiL.egal Entity has not been found to be guilty of such practices in such proccodings.I.ibrary/Legal Entity sonnies That it has no officers who have served as offers ofother"lilies who have been the subject of a Deceptive Trade Practices Act or any unfair business administrative hearing or coua suit,and that such officers have not been found to be guilty ofsuch practices in such proceedings. 45. Immigration. Library/Legal Entity represents and warrants that it will comply with the requirements ofihe Immigration Reform and Control Act of 1986,the Immigration Act of 1990(-'immigration Act"),and the Illegal Reform and Immigrant Responsibility Act of 1996(1 RIRA7)regarding employment verification and retention of verification forms for any individuals hired who will perform any labor or services under this Agreement, UbrarylLegal Entity also represents and warrants that it shall comply with the requirements of the Immigration Act regarding creation of the tottery system tour granting visas and IRIRA which created three(3)year,ten(10)year and permanent bars to entrance into the 1lnited States- 46- Criminal Conviction Certifieaticn. The Library/Legal Entity mpresents and warrareLs shat LibrarylLegal Entity has nor and Library/Legal Entity`s employees have not been convicted of a felony criminal offense,or that,ifsuch a conviction has ocearred.LibrarylLegal Fruity has fully advised TSLAC as to the facts and circumstances surnrunding the eonvietion. Library/Legal Fnlity has a continuing duty to amend,supplement or correct this representation and warranty nor lacer than ten(10)days after discovering additional information rclafing to felony criminal convictions of LibrarylC.egal Entity or any of its employees. Library/Legal Entity shall not allow any employee convicted ofa felony criminal offense to perform tasks related to the Agreement without such disclosure and express permission from TSLAC. Page 6 of 14 Lpdxted 09!15.12013-n LO Appendix.A Texas State Library and Archives Commission Terms and Conditions 47. Subcontracting.It is contemplated by the parties hereto that the LibrarylLegal Entity shall conduct rite perfomiances provided by this Agreement substantially with its own resources and through the services of ift o%vn sia1T-In the cvem the Library/Legal Entity should determine that it is necessary or expedient to subcontract for any of the performances specified herein,the Library/Legal Emily shall suboontraet for such performances only after the LibrarylLegal Entity has transmitted to TSLAC a tare cagy of the subcontract the Library/Legal Entity proposes to execute with a subcontractor and has obtained TSLAC's written approval for subcontracting the subject performance in advancc ofcxccuting a subconrract•The Library/Legal Entity,in subcontracting for any products or performances specified herein,expressly understands and mknowkdgcs that ir.cntcring into such subcontracting(s),TSLAC is in no manner liable to any subcontractors)of the Library/Legal Entity,In no event shall this provision relieve ilia LibrarWl-egal Entit)of the responsibility for ensuring that the finished products and/or services rendered under all subcontracts are rendered so as to comply with all terns 0rthis Agreement. 48. Assignment.The Libroq&cgal Entity will not assign its rights under this Agre=i:ni or dcicgato the performance of its duties under this Agreement without prior written approval from TSLAC. 49, Accessibility.TSLAC is required to follow Texas Administrative Cade,Title I-Part 10,Chapter 206.Accessibility and Usability of State Web Sites,Texas Administrative Code,Title 1.Part 10,Chapter 211 and the Federal Section 308. Accessibility Standard& SO- Ethics.Any individual who interacts with public purchasers in any capacity is mq wired to adhere to the guidelines established in Chapter 2153.003 of the Texas Government Code.The Rule outlines the ethical standards required of public purchaser,employees,and vendors who interact with public purchasers in the conduct of state business.Specifically,a TSLAC employee may not have an interest in,or in any matter be connected with a contract or RFP for a purchase of goods Or sMiccs by an agency of the state;or in any manner,including by rebate or gi R,accept or receive from a person to whom a contract may be awarded.directly or indirectly,anything of value or a promise,obligation,or contract for future reward or compensation.Entities who are interested in socking business opportunities with the state must be mindfu.€of these restrictions when interacting with public purchasers ofTSLAC or purchasers ofothcr state agencies. St. Convictions in connection with Hurricane Katrina,IIutrieatit Rita,and subsequent disasters. Par Senare&ill 508, 80th Legislative Session,TSLAC will not accept Responses,nar award contracts to persuns convicted of violating a federal law in connection with a contact awarded by'the federal government for ml icf,recovery,or reconstruction cflorts as a result of Hurricane Katrina,Hurricane Rica and subsequent disasters. 52. Equal.17ppurtunity.Libraryil,egat Entity represcnts and warrants that it shall not discriminate against any person on the basis ofrace,color,rational origin,creed,religion,pol it;ral belief:s)M sexual orientation,age and disability in the perfarnmec of awards. 53. Drug Fred`Workplace. The Library/Legal Entity shall comply with the applicable provisions ofthe Drug-Free work Place Act of 1988(Public Law 1410-690.-title V,Subtitle D:41 U.S.C.701 ET SEQ.)and maintain a drug-free work environment: and the final rule,government-vide requirements far drug-Fred wort:place(grants).issued by the OFftec of hfanagemcnt and Budget and the Deparmtent of0efensc(32 CFR Part 280,Subpart F)to implement the provisions ofrhe Drug-Free Work Place Act of 1988. is incorporated by mferenet and the Library/Lega€Entity shall comply wdlh the relevant provisions thereof,including any amendments to the final rule that may hercaFtcr be issued. 54. Force Majcure.Neither Library/Legal Entity nor TSI-AC shalt be Gable to the other for any delay in.or railura of perromiarcc,of any requirement included in any award resulting from a R,FP eaustd by force majeure.The axisrence of such causes ofdelay or failure shall extend the period ofperformance until after the causes of decay or Ibilure have been removed provided the non-performing parry exercises all rea—able due diligence to perform.Force majcurc is defined as acts of God,war,fires,explosions,hurricanes,floods,failure of transportation.or other causes that arc beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been exported to avoid,and which,by the exercise of all reasonable due diligence,such patty is unable to overoome.Each Parry must in farm the other in w_iting,with proof of receipt within three(3)business days of the existence of such farce majcurc,or otherwise waive this right as a defense. 56. Terarioatio n,LibraryA-egal Entity shall have the right to terminate Agreements awarded from this Agreement upon a material breach of its terms by TSLAC,which arc not cured within thirry(30)days ofwrittcn notice.If Library/Legal Entity (a):xrminates or suspends its business Cb)becorncs subject to any bankruptcy or insolvency proceeding under any Federal or Sate statue or(o)becomes or subject to direct control by a trusrec.roc w r,or similar authority,TSLAC may,in addition to its other legal rights and remedies,terminate this Agreement on seven(7)days notice to LibraryfLegal Fntity.Upon such termination,Library/Legal Entity will ofrar TSLAC a proraled refund or subscription fee. Pogo 7 of 14 Updated 89115/2015.OLO Appendix A Texas State Library_ and Ambives Commission Terms and Conditions In the evens that the,Agreemenr is terminated for any reason,or upon its expiration,the TSLAC shall retain owriership of all associated work products and documentation obtained from the Li brary/Legal'Entity under the Agreement. 56, Termination fur Convenience.TSLAC reserves the right,in its sole discretion,to terminate the Agrccmcnt on thirty(30) days written notice to the Library/Legal Entity.TSLAS also reserves the right,in its sole discretion.to terminate the Agrccmcnt immediately,with written notice to the LibraryllAgal Entity,if it is in the best interests o£TSLAC or the State, 57. Termination Remedies.Upon an Event of Default,TSLAC.without limiting any other rights or remedies it may have by luw,equity.or underthis Agreement will have the right to institute an action for actual danmgcs andlor injunctive relief andlor to terminate thin Agrcerneni immediately'-T:SI.AC°s termination of this Agreement shall not limit or waive any remedies TSLAC may have for breach by Library)l-egal Fntity of its past,present,or future duties and obligations created by this Agnecm eni or oilren ise required by applicable law. Ali remedies available to W AC for breach or anticipatory breach of this Agreement by Library Legal F.nrity are cumulative and may=exercised eancurrt m[y or separately,and the excroise of any one remedy shall not be dectned an election ofsuch remedy to the exclusion of other remedies- Liquidated damages,actual damages,cast projections, injunction relief art&3r performance bonds may also be invoked either separately or combined with any other remedy in accordance with applicable law. 58. Survival of Terms, Termination of this Agreement for any reason shall not release the LibrarylLegal Entity from any liability or obligation set forth in the Agreement that is expressly stated to survive any such termination or lop ice nature would be intended to be appticable following any loch termination,including the provisions regarding confidentiality, indemnification,transition,records,audit,property rights,dispute resolution,and invoice and fees verification, 59. Supporting Documents,Right to Audit;Independent Audits. LihrwylL.egal Entity shall maintain and retain supporting fiscal documents adequate to ensure that claims for Agreement funds are in accordance with applicable TSLAC and State of Texas requirements.I.Ibrary/Lsgal Fntity shall maintain Al such documents and other records relating to this Agreement and the State's propeny for a period of four(4)years after thin date of submission oflhc final invoico6 or until a resolution of all billing questions,whichever is later. LibrarylLegal Entity shall make available at reasonable times and upon reasonable notice,and for reasonable period&all information related to the States property,such as work papem reports,books,dal a. files,sofhvare,records,and other supporting documents pertaining to this Agrccmcnt,for purposes of inspecting, monitoring.auditing,or evaluating by TSLAC,State ofTcxas or their authorized representa[ivts.LibraryILegal Entity shall cooperate with auditors and other authur'ved IS LAC and State of Texas representatives and shall provide them with prompt access to all of such State's property as requestcd by TSLAC or the State of Texas. By example.and not as an exclusion to other breaches or failures,Library/Legal Fnri t;•'s failure to comply with this SCetipn shall constitute a material broach of this Agreement and sha11 authorize TSLAC to immediately assess liquidated damages as described in Section 29 of Appendix C for such failure. For purposes of this Section,the"State's pro sty"includca_but is not limited to."Work"as defined in the Pr?-'TSLAC may require,a Library/Legal Entity's sole cost and expense,independent audits by a qualified certified public accouming fir of Libraryll egai Entity's books and records or the State's property.The independent auditing shall provide TSLAC with a copy of such audit st the same time it is provided to LibrarylLegal Entity.TSLAC retains the right to issue the request for Statement of Qualifications for the services of en Independent certified public accounting firm under this Agreement. In addition to and without limitation on the other audit provisions of this AgreemenL pursuant to Section 2262.003 of the Texas Government Code,the state auditor may conduct an audit or investigation of Library'/Legal Entity or any other entity or person receiving funds from the state directly under this Agreement or indirectly through a subcontract under this AgeemettL The acceptance of funds by LibrarylLegal Entity or any other entity or person directly under this Agreement or indirectly through a so hoontract under this Agreement acts as acceptance ofthe authority of the state audits r, under the digestion ofthe legislative audit committer,to conduct an auditor investigation in connection with than funds- Under the direction of the legislative audit committee,LibraryIIxgsl Fatity or other entity that is time subject ofan auditor investigation by the state auditor must provide the slate auditor with access to any information the stare auditor considers relevant to the irlvesfigation or audit. This Agreement may he amended unilaterally by TSLAC to comply with any rules and procedures of the state auditor in rho Implementation and entorccrrrcnt of Section 2262.003. Lender procedures pro vided by She state auditor on September 5,2003,in addition to the above,(1)Mbmry/Legal Entity understands that the acceptance of funds under this Agreement acts as acceptamee ofthe authority ofthe state auditor to conduct an audit or investigation in connection with those funds;(2)Library/Legal Entity further agrees to cooperate fully with the$'late auditor in the conduct ofthe audit or investigation,including providing,all records requested;(3)Library[Ugal Entity shall ensure that this pa L.-aph uonccming the authority to audit funds received indirectly by subcontractors uvough LibrorylLtgal Entity and the req-airement to cooperate is included in any subcontract:it awards;and(4)the state auditor shall at any time have access to and the rights to cxar:iine,audit excerpt and transcribe any pertinent books,documents,working papers,and records of Lib rarydL gal Entity relating to this AgreemenL Wage 0 of IS Updated 0911sno 1 •t1L0 Appendix A Texas State Library aad Archives Commission Terms and Conditions 60. Limitation an Authodlyi No Other Obligations. Library/Legal Entity shall have no authority to act for or on behalf of TSLAC or the State of Texas except as expressly provided for In the Agreement;no other authority,power or rise is granted or implied.Library/Legal Entity may not incur any debts,obligations,expenses,or liabilities of any kind on behalf of the State of Texas or TSLAC. 61. Retards Retention.Libraryll egal Entity shall maintain and retain supporting fiscal and any other doeuments relevant to showing that any payments under this Agreement fiords were expended in accordance with the laws and regulations ofrhe State of Texas,including,but not limited to,requirements of the Comptroller of the Stare of Texas and the State Auditor- Llbraryrl.egal Entity shall maintain all such documents and other retards relating to this Agreement and the State's property umi I Ihccmber 31,2021. 62. Insurance&Other Seeu rity.Set F-insured I.ibmHeslLegal Entities are exempt from this Paragraph 62.Vendor represents and warrants that it will,upon five(5)days ormquest,provide TSLAC with current written certi ficares of insurance or other proof sect ptable to TSi.AC of the following insurance coverage: a) Standard Workers Compensation Insurance covering all personnel who will provide services under the Agreement: b) Commercial General Liability Insurance,personal injury and advertising injury with,at a minimum,.the following limits:$$500.000 minimum each occurrence;51,000,000 per general aggregate. G) Professional Liabi tin insurance:$500,000 minimum each occurrence IImiC 51.000,900 minimu m aggregate limit. Vendor represents and-arrants that all of the above coverage is with companies licensed in the state pf Texas.with W rating from Best,and authorized to provide the corresponding coverage.Vendor also represents and warrants that ail policies contain endorsements prohibiting=collation except upon at least thirty(3 0)days prior written notice to TSLAC. Vendor represents and warrants that it shall maintain the above insurarim coverage during the term of the.Agreement,and shall provide TSI.AC with an executed.Copy ofthc policies immediately upon request. 43. Workers'Compensation Insurance Coverage.Self-insured LibraricsfL sat Entities are exempt from this paragraph 63 a) Definitions: Certificate of coverage["certificate"]-A copy ofa certificate of insurance.a cenitecatc ofauthurity to sell-insure issued by the commission,.or a coverage agreement(TWCC-81,f WCC-g2,TW'CC-83,or TWCC•84),showing statutory workers•'compensation insurance coverage for the person"s or endty's employees providing services on a project,for the duration of die project. Duration ofthe project-includes the time from the beginning of the work on the pmjecl until the contractors/person's work on the project has been completed and accepted by the governmental entity. persons providing services on the project("subcontractor"in¢406.096)-includes all persons or entities performing all or part of the services the contractor has undertai en to perform an the project,regardless of whether that person contracmd directly with the contractor and regardless of whether that person has employees.This includes,without limitation,independent contracwn,subcontractom leasing companies,motor carriers,owncrroperaton,employees of soy such entity,or employees of soy entity which furn ishes persons to provide services on the project.11 Servioes" include,without limitation,pmv idins,hauling,or delivering equ ipmcni or maleri a]s,or providing labor. tratsportation-or other service related to a project."Services"does not include activities unrelated to the pmjem'such as foodtbeverage vendors,office supply deliveries;and delivery ofportable toilets. b) The contractor shalt provide coverage,based on proper reporting of olassiGcation codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code.Section 401.01 l(44) for all employees ofthc contractor providing services on the project,far the duration aflhe project, C) The Contractor must provide a cenifleaec of coverage to thr govcmmcntal entity prior to being awarded the Agreement. d) Ifthe coverage period shown on the contractor's current Certi Ficale of coverage ends during the dura rion of the project, the contractor must,prior to the end of the coverage period,file a new oettifi cote of coverage with the governmental entity showing that coverage has been extended, e) The ccnauLor shall obtain from each person providing services on a project,and provide to the govern mental entity: 1) a cerifcatc of coverage,prior to that person beginning work on the project so the governmental entity will have on file certificates of coverage showing coverage for alt persons providing services on the project:and 2) no later than seven days after receipt by the Contractor,anew certificate of coverage showing extension of Page 4 of 14 Updated 091 H"I5-DLO Appendix A Texas State Library and Archives Commission Terms and Conditions coverage,ifthc coverage period shown on the current certificate ofcovcraoc ends during the duration of the proj- f) The contractor shall retain all required"nificams of coverage for the duration of the project and for one year thereafter. g) The contractor shall notify the governmental entity in.writing by certified mail or personal delivery,within 10 days aRtr the eoritracwr knew-or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. h) The Contractor shall post on each project site a notice,in the text.form and manner prescribed by the Texas Workers' Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. i) The contractor shall contractually require each person with whom it contracts to provide scmie s on a project,to: I) provide coverage,based on proper reporting ofclassificalion codes and payroll amounts and filing of any eevcragt agwrents,which meets the statutory requirements of Ttxm Labor Code,Section 401.011(40.)for all of its employees providing services on the project,for the duration ofthe project: Z) provide to the contractor,prior to that person beginning work on the project a certificate efcoverage shoving that coverage is being provided for all employees ofthe person providing services on the project,for the duration ofthe project; 3) provide the contractor,prior w the end orthe coverage period,a new certtfiestc of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project: 4) obtain from each other person with whom,it contracts,and provide to the contractor. L a certificate of coverage,prior to the other person beginning work on the project;and ii. a new certificate of coverage showing extension of coverage,prior to the end❑fthe coverage period,if[he coverage period shown on the current certificate of coverage ends during the duration of the project: 5) retain all required certificates ofcoveragc on file for the duration of the project and for one year thereafter; 6) notify the governmental ernky in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services, j) By signing this Agreement or providing or causing to be provided a cenificate of coverage_the contractor is representing to the governmental entity that all employees orthe contractor who wi fl provide scrvicss on the project will be covered by tv'orker5'compensation coverage for the duration ofthe project,that the coverage will be based on Proper repaning of classi fcatiou codes and payroll amounw,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured.with the commission's Divisinn of Sal(Insuranee Regulation.Providing false or misleading information may subject the contractor to administrative pcnaldcs,criminal penalties,civil penalties.or other civil actions. k) The coatractor's failure to comply with any of these provisions is a breach of Agreement by the contractor which entities the governmental entity to declare the Agreement void ifthe contractor does not remedy the breach within ten days after mcalpt ofaouce of breach from the governmental Cal ity. 1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING Tf I EXISTENCE 01=TH19 AGREEMENT. VENDOR SHALL BE EN 1-11?ELY"RESPONSIBLE FOR'1"1IE LIABILITY AND PAYMENT OF VENDOR'S AND VENDOR'S r,%APLOYRFS"TAXES OF WHA-[T:VFR KEND.ARISING OUT OF THE PERFORMANCCS IN TRJS AGREEMENT. VEtiDORAGREES TO COMPLY N'ITH AI,L STATE AND FEDERAL LAW$APPLICABLE TO ANY SUCH PERSONS,INCLUDING LAWS REGARDING WAGES,TAXES,JNSURANM AND WORKERS'COMPENSATION. TSLAC AND/OR THE STATE.SHALL NOT BE LIABLE TO THE V ENDOR, ITS E.WLOYEES,AGENTS,OR OTHERS FOR TIM PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE ANWOR WORKERS'COMPENSATION OR ANY BENEFIT AVAILABLE TO A S I"ATL EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER" m) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS TSLAC,THE STATE OF TEXAS AN 010K THEIR EMPLOYEES,AGENTS,REPRESEN'T'ATIVES,CONTRACTORS,ANDIOR ASS(GNEFS FROM AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS,OR SUITS,AND ALL RELATED COSTS.ATTORNEYS' Page 10 of 14 U pdated 09IM20IS-OLO Appendix.A Texas State Library and Archives Commission Terms and Conditions FEES.AND EXPENSES,RELATIRG TO TAX LIABILITY,UiwrEMPLOYEME;NT INSURANCE ANDIOR WORKERS-COMFFNSATION IN ITS PERFORMANCE UNDER THIS AGREF.MFNT.VENDOR SHALL BE LI A.BLE TO PAY'ALL COSTS OF DEFENSE,INCLUDING ATTORNEYS'FEES""I'H.E DEFENSI_S14ALL BE COORDIN A'TED BY Vl:NI7OR WITH THE OFFICE OF THE ATTORNEY GENERAL W HFN TEXAS STATE AGENCIh:5 ART:N/u IFO DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT)&TTHOUT FIRST O$TAINING THE CONCURRENCE FROM THE OFFICE-.OF THE ATTORNEY 0 F F.RAL.VENDOR AND THE TSLAC AGREE TO FURNISH T1MfLY wRIl7EN NOTICE TO EACH OTHER OF ANY SUCH CLAIM- 64. Workers Compensation&Employers Liability_Self-insured L'abrarieslLeral Entities arc exempt from this raragrapb 64.Vcndor represcau and warrants that it will,upon five(5)days of request.provide TSLAC with cu rrent certificates of insurarce or other proof acceptable to TSLAC of the following insurance coverage:must maintain Workers' Compensation insurance coverage in accordance with statutory limits as follows: a) Standard Workers Compensation Insurance covering a]l personnel who%011 provide services under the Agreement b) Commercial General Liability Insurance,Occurrence based! • Bodily injury and Property Damagr • Fach Occurrence limit_51,000,000 • Aggregate limit:$2,000,000 • Medical.Expense each person:$5,000 • Personal Injury&Advertising Liability:51,009,000 • ProducWCompleted Operations Aggregate Limit$2,000,000 • Damage to Premix Rented to You:$50,000 c) Professional Liabi hty Insurance:5500,000 minimum each occurrence limit:$1,000000 minimum aggregate limit d) Employers Liability:Each Accident 51,000,000 e) Disease—Each Employee!S1,000,000 f) Disease—Policy Limit S 1,000,000 Vendor represents and warrants that all ofthe above coverage is with companies licensed in the state of"Texas,with'A' rating from 5m and authod=dto provide the corresponding coverage,Vendor also represents and warrants that all policies contain endorsements prohibiting cancel.latlon.except upon at least thirry(30)days prior written notice to TSLAC. Vendor represents and warrants that it shall maintain the above insurance coverage during the term arthe Agreement,and shall provide TSLAC with an executed—py oFthe policies immediately upon request, 65. Vendor Responsibility far 1)2mage to Covcrnmcut Property. The LibrarylLegat Entity shall be liable for all damages to govern ment-owned,leased,or occupied property and cquipment caused by the Libraryllzgal Entity an its employees. agents,subconaamn,and suppliers,including any delivery or cartage company,In connection with any perfomlance pursuant to the Agreement.Tbc Library/Legal Entity shall notify the TS LAC Project Manager in writing of any such damage within one(1)calendar day. 66. Library/Legal Entity Performance.The TSLAC may mortilot the perfarmaocc of the Agrecmcnl issued under this RFP.. All services and goods under the Agrrremenl shall be performed at an acceptable service levels and in a mmncr consistent with acceptable industry standards,custom,and practice..The Library/Legal]Entity will receive a paper copy ofthis report, as well as an a mailed copy,The TSLAC will provide a sample o£the Library/Legal Entity Performance Rcport upon request. 67_ Change Adanagement LibraryRxgal Entity shall assign only qualified personnel to this Agreement Library)Legal Entity, in its reasonable discretion,reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel arc equally qualified and skilled in the tasks necessary to accomplish the tasks and services required, Library/Lugal Entity shall provide to TSLAC prior written notice of any proposed change in key personnel involved in providing services under this A,cemrnt-Subcontractors providing services under the Agreemem$half meet the same requirements and level ofexperience as required of the Library/Legal Entity.No subcontract under the Agreement shall relieve the Library/Legal Entity of responsibility£oT ensuring the requested services are provided.If Library:Legal Entity uses a subconuactor for any or all of the work required,the following conditions shall apply:a)LibruyiLcgal Entity`s planning ur subcon tenet at or a portion ofibe work to be performed shat identify the proposed subcontractors.b) S ubconrracting shall be solely at LibraryiLegal Entity's expense.e)TSLAC retains the right to check subcontractor's background and approve or reject the use ofsubmitted subcontractors d)LibraryfLegal Entity shall be the sole contact for TS LAC.Libraryl[-egal Endty shall gist a designated point of Wmacl for a]I TSLAC inquiries_ Page 11 of ii Upda led 091IV201i.b1.0 Appendix A Texas State Library and Archives Commission Terms and Conditions 65. Federal,State,.and Lae91 Requirements. Library/Legd Entity shall demonstrate on-site compliance with the Federal Tae Reform Act of 19W Section 1706,arnend'ang Section 530 of the Revenue Act of 1979,dealing with issuance of Form W-Ts to common law employers.Libraryll-egal Entity is responsible for both federal and Slate unemployment insurance coverage and standard Workers Compensation lnsurance coverage.LibnuylLcgal Entity shall comply with all federal and State tar laws and withholding requI rements.The State of Texas shall not b<liable to Lib rarylLcgal Entity or its employecs for any Unemployment or Workers Compensation coverage,or federal or State withholding requirements.LibraryfLcgal Entity shall indemnify the State of Texas and shall pay all casts,penalties,or losses resulting from Library/Lggal Entity's omission or breach of this Section. 69_ Appl:cable Law&Conforming Amendments. Libmryl gal Emity must comply with all laws,regulations,requirements and guidelines applicable to a Library/legal Entity providing services to the State of Texas as these laws,regulations, requirements and guidelines currently exist and as they are amended thmughout the term.of this Agreement-TSLAC reserves the right,in ils soic discretion,to unilaterally amend tbis Agreement throughout its terra to incorporate any modifications necessary for TSLAC or Librarv/Legal Entity's compliance with a]I applicable State and federal laws,and regulations. This Agreement may be amended only upon written amendments between TSLAC and Library/Legal Entity,however.this Agreement may not be amended so as to make it conflict with the laws of the State.TSLAC may issue Purthase Order Change Notiocs for ordering and tracking purposes consistent with this Agreement provided such Purchase Order Change Notices reference the Agreement 70. No Liability Upon Termination.Ifthis Agreement is terminated for any reason,TSLAC and the State of Tcxas shall not be liable to LebrarylLegal Entity for any damages,claims,losses,or any other amounts arising from or related to any such termination.However.Librai-Acgol Entity may be entitled to the remedies provided in Government Code,Chapter 2260• 1.ibrarylLegai Entity or Library/Legal Entity's employees,representatives,agents and any subcontractors shall serve as an independent contractor in providing services under any Agreement resulting from this RFP.Library/Legal Entity or Libraryflegal hat ty`s employees.reprewmati+ms,agents and any subcontractors shall not be employees of TSLAC.Should LibrarylL.egal Entity subcontract any ofthe services required in this RFP,Library•JLegal Entity expressly understands and acknowledges that in entering into such subcontract(s),TSLAC is in no manner liabk to any subcontraowr(s)of LibrarynAgal Entity.In its event shall this provision relieve Library/Legal Entity of the responsibility for ensuring Ural 11w services rendered under all subontracts am rendered in compliance with this PA-P. 71. Independent Library/Legal Entity.Libra yoLegal Entity or LibraryfLegal Entity's employees,representarives,agents,and any subcontractors shall serve as an iadcpendcnt contracting in providing services under any PO. Library/Legal I:•;nitty or Library/Legal Entity's employees,representatives,agents and any subcontractors shall not be cRtployeeS of the TSLAC. Should UbrarylLegal Entity subcontract any of the saivices required.I.ibraryil egal Entity expressly understands and acknowledges that in entering into such subcontract(s),the TSLAC is in no ircumor liable to any subcontraclor(s)of LibrarylLcgal Entity,In no even 1.shall this provision relieve the Librarys'L.egal Entity of the responsibility Ior ensuring that the wrvIeec rendered under a]I subcontracts arc rendered in compliance with the specifications. 72. Buy Texas.LibmryfLegal!entity represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and in a comparable periud ofdmc when compared In non-Texas products and materials. 73. Texas Bidder.Lihrayll.egal Entity represents and warrants that if a Texas address is shown as the address of Library/Legal Entity,then Library/Legal Entity qualifies as a Resident Hiddcr as defined by Section 2155A41 of the Texas Cmvemmenl Codc. 74. Environmental Prolectioa. The Libraryfl.egal Entity shall be in compliance with all applicable standards,orders,or regulations issued pursuant to the mandates oftha Clean Air Act(42 U.S.C.57401 ea req.)and Hte federal Rater Pollution Control Act,as amended,(33 U.S.C.¢1251 eYSeq.). 75. TSLAC Anti-Fraud Policy.Library/Legal Entity represents and warrants that it has read and underslood and shat)comply with the Comptroller of public Account"s Anti-Fraud Policy located on the Compinuiler's website at hitp:l,"wi+.0.rindnw.tevasGavlc.vlrt3r, a h rat1,as such Policy currently reads and as it as amended throughout the term or dlis Agreement. 76. Ekctronic and Information Resources Accessibility Standards.As Required by I Texas Administrative Code Chapter 213(Applicable to State Agency and institution of Higher Education Purchases Only)I)Effecrive September 1,2006 scale agencies and iuNdturiuns of higher education shall pruzurc products which comply with the Slate of Texas Accessibility Page t2 or 14 updated 0411--NWl5-DLO Appendix A Texas State labrary and Archives Commission Terms and Conditions requirements for Electronic and In roan avian Resources specified in I Texas Administrative Code Chapter 213 when such products are available in the commercial marketplace or whin such products are developed in response to a procurement. Solicitation.2)LibrarylLegal Entity shall provide-]SIAC with the LIRL to its Vutunrary•product Accessibility Template (VPAT)for reviewing compliance with the Stale of Texas Accessibility requirements(based on the federal standards established tindcr Section 509 of the Rehabilitation Act),or indicate that the produw/sxrvice accessibility information is available from the General Services Administration"Euy Accessible Wizard"(httpJiwvnv.buyacccssibfc.gowl. Library/Legal Enthys not listed with the'•T3uy Accessible Wizard"or supplying a 1:RI,to their V P.AT must provide TSLAC with a report that addresses the some accessibility criteria in substantively the same Format Additional information regarding the"Buy Accessible Wizard"or obtaining a copy ofibc V P AT is located at hnn:!'nv.r� _• r px_em•.,. 77. Provision For Direct Deposit.The electronic funds lransfer("EFT-)provisions of Texas law were codified in Section 403,016 of the Texas Government Co& Depending on eligibility under the law,certain payments from the State may le directly deposited into Library/Leo Entity's bank account or may he made by warrant. if Lihrary•ll�gal.Entity is eligible for direct deposit and wishes to be paid by direct deposit,Library/T.cgal£•,ntity must oomplete the form title-Libr try&cgal Entity Direct Deposit Authorization"and retum it as soon as possible to:Texas State Library&Archives Commission, Attention:Accounting,F0 Box 12516 Austin,Texas 7$711. 7& Disclosure Of Sseudty-13reach. Library,+Legal Entity shall provide notice to the Purchasing Deparnnen4 Purchasing Manager at (311)936.2774 or nv- •n.gov within ivnenty-four(24)hours of Librsryflegni Entity's discovery or reasonable belief that there has been unavihoriaed use,exposure,access,disclosure,compromise.modification,or loss of sensitive or eanfidential-l'SI.AC information("Security Incident"J. lVifhin[werety-four(24)hours of ehr notification of a Security Incidcnr, Libraryli-egal Entity shall provide a written report to TSLAC's Purchasing Manager detailing the circumstances of the inci&n4 which includes at a minimum:. a) A description of the nature of the Security lneidcnt; b) The type ofTSLAC information iavoloed; c) Who may have obtained TSLAC in Formation; d) What steps Librarvll„egal Entity has taken or will take to investigate the Security incident; e) What steps LibraryfLegal Entity has taken of will take to mitigate any negative effect Of the Security incident:and f) A point of contact far additional information. Each day thereafter until the investigation is complete,Library/Legal Entity shall provide TS LAC's Purchati rig Manager with a written report regarding the status of the investigation and the following additional information as it becomes available! A) 'Who is known or suspected to have gained unauthorized access to TSLAC information; b) Whether them is any knowledge if TSLAC information has been abused or compromised: c) What additional steps UbrarylL.cgal Entity has taken or will take to investigate the Saoerity Incident: d) What steps LibraryllAgal Entity has taken or wi 11 take to mit igau any negative effect of the Security Incident;and u) What eormetive action UhraryfLegal Entity has taken or%rill take to prevent future similar unmahorized use or disclosure, LibrwylLegal Entity shall confer with TSLAC's Purchasing Manager regarding the proper course of tho investigation and risk mitigation. TS LAC reserves the right to conduct an independent investigation of any Security In6de ol.and should TSLAC choose to do so,labrary/Ugal$miry shall cooperate fully by making resources,personnel.and systems access available to TSLAC and TSLAC's authorized mlmesentative(s). Subject to review and approvaf of TSLAC,library/Legal Entity,at its own cost,shall provide notice that satisfies the requirements of applicable law to individuals whose personal, oon Gdential,or privileged data wrere compromised or likely cemprorrtiwd as a result of the Security Incident-If TSLAC,in its sole discretion,cleors to send its or,n separate notice,then all costs associated with preparing and providing notice shall be reimbursed to TSLAC by Libraryll-egal lrntity. If Library/Legal Entity does nor reimburse such casts within thing(3o) days ofTSLAC's written request.then TSLAC shall have the right to collect such costs- 79. Information Security Acquirements, a) Library&tgal Entity shall comply with all applicable state and redcral laws and regulations regarding eonfidentiality, privacy,and security penaming to TSLAC confidential information. h) Access to sensitive or confidential TSLAC information.Library&cgal Entity represents and warrants that it will take all necessary and appropriate action within its abilities to safeguard sensitive or confidential TSLAC information and to protect it from unauiltorized disclosure.If communications with Library/Legal Entity necessitate the release of con Rdeniial TSLAC information,the Confidential I'marment of Information Acknowledgement form(CTIA)must be signed by each individual who will require access To or may be exposed to that information. LibmFy/Legal Entity shall access TSLAC's systems and sensitive or confidential TSLAC information only for the purposes for which it is Page 13 of 14 Updated 0911�flo 15-pt,© Appendix A Texas State]Library and Archives Commission Terms and Conditions authori',-d. Library/Legal Entity shall ensure that any sensitive or confdenial TSLAC information in the custody of Library/Legal Entity is properly sanitized or destroyed when the information is no longer required to be retained by TSLAC or Library/Legal Entity in accordance with this Agreement Flccnnnic media used for storing any confidential TSLAC information most be sanitized by clearing,purging of destroying in accordance with KIST Special Publication 800-8$ Guidelines foe Media Sanirization. Library/Legal Entity must maintain a record documenting the removal and completion*(all sanititation procedures with the following information:. 1) f]atc and tame ofsanitizationidestruction, ?) peseription nflhc itcrn(sJ and serial number(3)ifapplicabk, 3) Inventory mmher(sl,and 4) Procedures and tools used for sanitizatlonldesruclion- No later than sixty(60)days from Agreement expiration or termination or as otherwise specified in this Agreement Libra yltAgal Entity must complete the saniriaation and destruction of the data and provide to TSLAC ail smitiration documematior-_ LibrarylLegal Entity shall not access,process,store or transmit IRS Federal Taxpayer Information unless expressly authorized by this Agreement. Library/Legal Entity shall comply with IRS Publication 1075 requirements if it accesses,processes..stores,or transmits IRS Federal Taxpayer lofa oration. c) Access to inrernal'ISI.AC Network and Systems.As a condition of gaining remote access to any internal TSLAC network and systems.1•1hrarvll.egal Entity must comply with TSLAC's policies and procedures. TSLAC's remote access request procedures will require Library/Legal Entity to submit a Remote Access Request I`arm for TSLAC's reviewv and approval. Remote access technologies provided by Libraryll cgal Entity must ho approved by TSLAC`s lnformation SwudV Officer.Individuals shall not access intcmat TSLAC network and systems from outside the United States. Individuals who are provided with access to TSLAC network ur systems will be required to participate in TSLAC's Security Awareness Training on an annual basis. The State and TSLAC's Fiscal Year begins on September t and ends on August 31. Library/Legal Poity shall maintain records of all individuals who have completed TSLAC-required training for the duration of the individual's employment with UbrarylLegal Entity,pits five years,Upon TSLAC's written request,I..ibtary/Legal Entity-911411 provide copies of the can ificales of completion for TSLAC's Security Awareness Training. On November I°of each year,Libraryll-egal Entire-shall submit a list to TSLAC which identifies all individuals who have current access to TSLAC network or systems as well as the most recent training completion dale for each individual.TSLAC in its sole discretion,may deny,network or system access to trey Individual lha(dots not complete TSLAC-required training within thirty(30)calendar days following the dutc of TSLAC's grant of access under this Agreement, d) TSLAC reserves the right to audit the security measures in effect on Library/Legal Entity's connected systems without prior warning, Library/Legal Entity must secure its own connected systems in a manner consistent with an aud4blc information security framework. TSLAC's audit can consist of a review of third party audit results of LibrarylLtgal Rntity's security measures(eg... SSAE-16 Type II,ISO 27002 assessment). TSLAC also reserves the right to immediam[y terminate network and system ootmections not meeting such TcgUiremcntS. e) TSLAC data shall not be 0--ksnd from,slored at or transported to locations outside of the United Slatcs. f) Where applicable,encryption shall conform to orcxoeed Federal Information Pro cessing Standard(Ft PS)140-2: 1) Backup media containing 1'SLAC data shall In encrypted at all times. 2) Transmission of TSLAC data across public networks shall be protected by encryption methods such as Virtual Private Network("VpN').Secure Shell File Transfer protocol(-SITPS"),or File Transfer Protocol over SSLITL.S ("FTPS-). gJ If Library/Legal Entity is a sofhvarc manufacturer.then Library/l.egal Entity represents and warrants that it has imptememcd processes for the protection,detection,remediation, mitigation and timely customer notification of software vulnerabilities associated with its software provided under this Agreement. 80. Transition.Upon termination of the Agreement for any reason,Library/Legal Entity shall,in good faitle and with mss onahk cooperation.aid in the transition to any new agreement and provider. in accordance with this Agreement, Library/Legal Entity shall deliver to TSLAC all complctcd,or partially completed work and any and all docomentation or other products and results ofth=scrviccs. Page 14 of t4 tfpda fed 0onsf2ri15-nLt3 )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL Date: September 19, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (F) I. SUBJECT CASE # PZ 16-09 To consider approval regarding a request by CHC Development for a final plat of the Glen of Village Creek (formerly Swiney Estates, plat abandoned by instrument numbers D214210746 and D216057891, PRTC) for approximately 15.982 acres located on Bowman Springs Rd, generally located south of Swiney Estates Block 1 Lot 4R, west of Bowman Springs Rd, north of Winding Creek Rd, and east of 1141 Bowman Springs Rd. The plat will create 35 residential lots and 3 open space parcels. Property addresses include 1201, 1305, & 1307 Bowman Springs Rd. II. SUMMARY BACKGROUND OVERVIEW Request Final plat Applicant CHC Development Location Bowman Springs Rd across from Southwest Nature Preserve Surrounding Uses single family residential; park/open space; floodplain; golf driving range Surrounding Zoning Agricultural; R-3 single family residential Future Land Use Plan Designation Neighborhood Staff Recommendation Approve Planning & Zoning Commission Approve Recommendation CURRENT STATUS OF • The Planning & Zoning Commission approved a preliminary plat for the property in June. The property is currently vacant (the house that was onsite has been demolished). SURROUNDING • PERTIES & NEIGHBORHOO SURROUNDING ZONING CLASSIFICATIONS The properties immediately surrounding this one within Kennedale are zoned Agricultural. The Winding Creek neighborhood (across Bowman Springs) is zoned R-3 single family residential, and to the north near the I-20 frontage road are a few properties with C-2 general commercial zoning. The property across the street in Arlington is used for open space. SURROUNDING LAND USES This property is located near the Kennedale city limits along Bowman Springs and is adjacent to a large floodplain tract that will be dedicated to the city for park land as part of the plat. Across Bowman Springs to the east are open space (the Southwest Nature Preserve) and single family residential neighborhoods (Oak Hill Park and Winding Creek). To the north are two additional single family properties, which are zoned Agricultural. To the south and west are a golf driving range and the approximately seven acres of floodplain property to be dedicated for park land. STAFF REVIEW COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of a Neighborhood character district. The comprehensive plan states that the Neighborhood character district should be primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services...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. The proposed rezoning would provide for single family residential development that connects to existing and planned/future parks and open space, which complies with the comprehensive plan. CITY DEVELOPMENT REQUIREMENTS In addition to compliance with the comprehensive land use plan, plats must also be in compliance with applicable city regulations in order to be approved. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The final plat drawing meets the technical requirements for final plat drawings. ZONING DISTRICT LOT REQUIREMENTS. The proposed plat meets the requirements of the planned development zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. All required plans were submitted by the applicant. The plans have been reviewed by Public Works Department staff and the city engineers and have been approved. SUBDIVISION DESIGN REQUIREMENTS. The proposed plat meets the subdivision design requirements (city code Chapter 17 Article V Division 3) pertaining to final plats. REQUIREMENTS FOR PUBLIC AND SEMI-PUBLIC IMPROVEMENTS. The proposed plat meets the requirements for public and semi-public improvements (city code Chapter 17 Article V Division 10) pertaining to final plats. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the final plat. ACTION • NING COMMISION The Planning & Zoning Commission considered this case during its meeting in August and voted to recommend approval on the condition that planning staff get a response from the streets department on whether additional signage is needed for visibility and safety at the intersection of the proposed neighborhood street Mountain View Lane with Bowman Springs. Staff checked with the streets department, and it was determined that no additional signage is needed at this time. ACTION • The City Council may approve or deny requests for final plat. 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SUBJECT CASE # PZ 16-10 To receive public comments and consider Ordinance No. 605, adopting a Unified Development Code to regulate land use within the City of Kennedale; establishing zoning districts to regulate and restrict the use of property for residential, commercial, industrial and other purposes; regulating parking, landscaping, screening, lighting, signs, building design and materials; providing for the submission of site plans, subdivision plats and other development applications; providing regulations for flood damage prevention, stormwater protection, erosion and sediment control; and providing for procedures for review, approval and administration of these regulations. II. SUMMARY BACKGROUND OVERVIEW Request Approve a Unified Development Code for the City of Kennedale Location n/a Staff Recommendation Approve Planning & Zoning Commission Approve Recommendation BACKGROUND OVERVIEW BACKGROUND The City of Kennedale adopted an updated comprehensive land use plan in 2012. The new comprehensive plan marked a change in how Kennedale looks at land use policy, bringing the city in line with current knowledge about how planning and development can affect quality of life in a city and shape community character. This plan is consistent with the city's long term goals and vision, but unfortunately, the current zoning regulations do not allow the comprehensive plan to be implemented (with the exception of new district types created over the past several years). The city hired LSL Planning to lead a project updating Kennedale's development regulations. It was determined that the best approach would be to create a Unified Development Code (UDC). In the current city code, development regulations are scattered throughout the code, which can make it difficult for city staff or a developer to know which regulations apply to a particular project. A UDC pulls all development regulations from the various chapters of city code and compiles them into one organized document. The final draft of that document is ready for the City Council's consideration. As part of the process of creating the UDC, the city formed an advisory committee made up of members of Council, the Planning & Zoning Commission, the Board of Adjustment, the Kennedale Economic Development Corporation, and the Chamber of Commerce. The committee met several times over the past year to provide input to LSL Planning and City of Kennedale staff. In addition, LSL Planning staff met with various stakeholders, including community members, developers, city staff, and the city engineers. The city hosted an online visual preference survey to solicit input from the public on the preferred appearance of development permitted under the unified development code; LSL staff compiled the results, which were used – along with stakeholder input – to create the UDC. LSL and planning staff also held two public forums. Attendance at both events was limited, but input from these meetings nevertheless was factored into the final draft. In addition, Dave Jirousek from LSL Planning gave a presentation to the Planning & Zoning Commission during a special work session held on August 8. The purpose of this presentation was to allow the Commission members to ask questions and give input prior to the formal consideration and public hearing later that month. OVERVIEW The proposed UDC includes regulations to address a wide variety of development issues, including regulations on zoning, subdivision design, storm water protection, flood protection, erosion control, landscaping, signs, and floodplain development. It retains most of the city's existing zoning districts and adds additional districts that implement the Village (mixed-use) or special character districts shown in the comprehensive plan's Future Land Use Plan. It also sets out maps showing how rezoning within the Village districts could best be accomplished. The UDC retains many of the city's existing development regulations but reorganizes them in an easier- to-use format. Illustrations have been added to help explain development regulations. And the schedule of uses has been simplified to make it easier to regulate land uses and to allow new uses that weren't anticipated when the schedule of uses was adopted. Overall, the UDC provides more predictability, both for developers and the community. NEW / SPECIAL DISTRICTS The biggest change to the development codes is the establishment of Village zoning districts. The regulations for these districts focus much more on development qualities, such as character, intensity, and patterns, than on allowed uses—although uses are still regulated. Each Village district is divided into sub-areas: a Center district, the smallest portion of the Village district and where a retail shopfront form is required; a general area, where residential, office, and commercial uses are permitted, and a transition area, where residential uses only are permitted. These transition areas are to serve as buffers between the Village districts and any existing residential development adjacent to the Villages. The Commercial Corridor district is an update to the Business 287 / I-20 overlay districts. Many of the existing overlay district regulations are retained, but additional regulations have been added to control setbacks and to limit parking between the buildings and the street. These regulations are intended to help give these areas a more approachable commercial appearance by keeping buildings closer to the street and not requiring customers to cross large parking lots before entering a building. The UDC also expands the regulations for the Employment Center District. As Council will recall, regulations for only a portion of this district have been established already. The UDC finishes the work for this district begun several years ago by city staff. EXISTING ZONING DISTRICTS As mentioned above, most of the existing zoning districts will be retained; for example, the R-1, R-2, R- 3, C-1, and C-2 zoning districts will still appear on the zoning map. Adoption of the UDC does not rezone property, but rezoning under the UDC regulations will be permitted immediately after the effective date of the UDC. A note on the C-0 district: one comment from the advisory committee was to recommend eliminating this zoning district, since only one property has this zoning classification. However, until that one property has been rezoned, the C-0 district must remain in the UDC. PUBLIC INPUT The majority of input from the public focused on the proposed Neighborhood Village district at Little School and Sublett roads. Several property owners from this area who are looking to sell their properties and do not wish to sell under current zoning (C-1) are concerned that a mixed-use zoning classification will make their properties more difficult to sell; they generally would prefer to rezone their properties to single family residential use. With their strong opposition in mind, staff and our consultants have included proposed Village district boundaries in the UDC as a guideline only. In this way, if the property owners with to request rezoning, they are not bound more strongly to the Village district boundaries than they are to the comprehensive plan's Future Land Use Map. In other words, whether the proposed regulating maps [see pages 66-70 in the PDF version, and 5-8 – 5-11 in the print version] in the UDC are adopted or not, anyone requesting to rezone to a land use not in conformance with the comprehensive land use plan will need to demonstrate why the comprehensive land use plan should not be followed. STAFF REVIEW COMPREHENSIVE LAND USE PLAN COMPLIANCE The new regulations of the UDC were intended to bring the city's development regulations into compliance with—and to allow implementation of—the comprehensive plan. All of the character districts shown in the Future Land Use Plan are represented in the proposed UDC, and the regulations also address the relationship between development and the Future Thoroughfare Plan. Staff considers the UDC to be in compliance with the comprehensive land use plan. NON-CONFORMITIES As with any changes to development regulations, adoption of the UDC may cause some properties to become non-conforming in some aspects of development, but please note that a non-conforming designation does not mean that a property must stop being used. In most cases, legally non- conforming properties may continue in use until the non-conforming aspect has been abandoned or destroyed. For example, under the UDC, service stations will be required to maintain a minimum spacing between pump stations and any residential district, and columns or other supports for pump station canopies will be required to have a masonry exterior finish. However, the city's existing service stations that don't meet these requirements are not required to renovate their facilities to meet the new regulations. Staff recommends approval of the UDC. We are still working with staff from LSL on cleaning up a few minor sections, particularly in the Administrative section, to make sure the language is clear and consistent with state law. And we expect to have some comments from our city attorney, so that some minor changes will be needed. As these changes are all expected to be non-substantive, staff recommends approval of the UDC; because these changes are expected, however, and in order to give staff some time to adjust to the UDC, we recommend setting an effective date of October 1, 2016. ACTION • NING COMMISION The Planning & Zoning Commission considered approval of the UDC during its meeting in August. After a presentation from Dave Jirousek of LSL Planning and after holding a public hearing, the Commission voted to recommend approval on the condition that revisions to various section references be completed before Council consideration. These revisions have been completed. ACTION • You may approve or deny the ordinance adopting the UDC. The UDC is considered part of the ordinance, attached as an exhibit, and you may make changes to it as part of approval. MOTIONS The motions provided below are provided as examples. Approval: I find that the proposed unified development code is in compliance with the comprehensive land use plan and meets city requirements for changes to the zoning code. I make a motion to approve Ordinance 605 (Case PZ 16-10). Approval with Conditions: I find that the proposed unified development code is in compliance with the comprehensive land use plan and meets city requirements for changes to the zoning code. I make a motion to approve Ordinance 605 (Case PZ 16-10) with the following changes [list changes]. Deny: I find that the proposed unified development code meets [is not in compliance with the comprehensive land use plan OR does not meet city requirements for changes to the zoning code. I make a motion to deny Ordinance 605 (Case PZ 16-10). ORDINANCE NO. 605 AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE TO REGULATE LAND USE WITHIN THE CITY OF KENNEDALE, TEXAS; ESTABLISHING ZONING DISTRICTS TO REGULATE AND RESTRICT THE USE OF PROPERTY FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER PURPOSES; REGULATING PARKING, LANDSCAPING, SCREENING, LIGHTING, SIGNS, BUILDING DESIGN AND MATERIALS; PROVIDING FOR THE SUBMISSION OF SITE PLANS, SUBDIVISION PLATS AND OTHER DEVELOPMENT APPLICATIONS; PROVIDING REGULATIONS FOR FLOOD DAMAGE PREVENTION, STORMWATER PROTECTION, EROSION AND SEDIMENT CONTROL; PROVIDING FOR PROCEDURES FOR REVIEW, APPROVAL AND ADMINISTRATION OF THESE REGULATIONS; 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, pursuant to Chapter 212 of the Local Government Code, the City has adopted regulations governing the subdivision and platting of land within the City and the provision of services in connection with the development of such land; and WHEREAS, in order to promote the public health, safety and general welfare the City Council desires to update and amend the city's regulations related to zoning, platting and the development and use of land in order to implement the comprehensive land use plan; and WHEREAS, the City Council has determined that a Unified Development Code is the best means of implementing the vision and goals of the comprehensive land use plan; and WHEREAS, the City Council heretofore adopted regulations restricting the location of sexually oriented businesses within the City based upon studies, reports, and Page 1 findings regarding the harmful effects of sexually oriented businesses on surrounding land uses and has determined that the basis for such regulations are applicable to the regulations adopted in the Unified Development Code; and WHEREAS, the City Council heretofore adopted regulations governing fencing, screening, signs, amusement machine establishments, garage sales, secondary metal recyclers, mobile homes, manufactured homes, recreational vehicles, natural resources management, wellhead protection areas, stormwater protection, flood damage prevention, erosion and sediment control, and other regulations pertaining to the development and use of land within the City and has determined that such regulations should be included in a Unified Development Code; and WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on August 18, 2016, and the City Council of the City of Kennedale, Texas held a public hearing on September 19, 2016, with respect to the adoption of the Unified Development Code; and WHEREAS, the City has complied with all requirements of Chapters 211 and 212 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 the regulations in the Unified Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT: SECTION 1. The Unified Development Code attached hereto as Exhibit "A" is hereby adopted for the purpose of governing the development and use of property within the City of Kennedale. The Unified Development Code shall be cumulative of and in addition to other regulations in the City Code governing the development and use of property. 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. The following chapters, articles, and sections of the City Code are hereby repealed: CHAPTER 17 - PLANNING AND LAND DEVELOPMENT ARTICLE VIII - FENCING AND SCREENING, OF CHAPTER 4 — BUILDINGS AND BUILDING REGULATIONS Page 2 SECTION 11-131 - HOURS OF OPERATION, OF ARTICLE V - AMUSEMENT MACHINE ESTABLISHMENTS, OF CHAPTER 11 — LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS SECTIONS 11-203.1 - HOURS OF OPERATION, 11-204 — LOCATION, AND 11-204.1 - NONCONFORMING USES, OF ARTICLE VIII - SEXUALLY ORIENTED BUSINESSES, OF CHAPTER 11 - LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE IX - GARAGE SALES, OF CHAPTER 11 - LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS CHAPTER 13 - MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES ARTICLE VI - NATURAL RESOURCES MANAGEMENT, OF CHAPTER 16 — PARKS, RECREATION AND CULTURAL ACTIVITIES DIVISION 3 — WELLHEAD PROTECTION AREAS, OF ARTICLE II — MUNICIPAL WATER SYSTEM, OF CHAPTER 23 —WATER, SEWERS AND SEWAGE DISPOSAL ARTICLE VII - STORMWATER PROTECTION, OF CHAPTER 23 — WATER, SEWERS AND SEWAGE DISPOSAL SECTION 3. It is hereby declared to be the intention of the City Council that if the sections, paragraphs, sentences, clauses, or phrases 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, clauses, 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 the Unified Development Code shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including the dumping of refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. Page 3 SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the ordinances and code provisions repealed herein, or any ordinances or code provisions governing the development and use of land 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, Section 1, the penalty clause, the publication clause, and the 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 19TH DAY OF SEPTEMBER, 2016. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 4 LSL Planning A SAFFhu lt.Company TO: Kennedale Project Steering Committee FROM: David M. Jirousek, AICP DATE: March 18, 2016 SUBJECT: Ordinances to Repeal CHAPTER 4, ARTICLE VIII. - FENCING AND SCREENING Repeal and include in UDC: ■ Entire. CHAPTER 17, PLANNING AND LAND DEVELOPMENT Repeal and include in UDC: ■ Entire. CHAPTER 11, ARTICLE V. - AMUSEMENT MACHINE ESTABLISHMENTS Repeal and include in UDC: ■ Sec. 11-131. - Hours of operation (include reference to UDC) . Provide Reference in UDC: ■ CHAPTER 11, ARTICLE V. - AMUSEMENT MACHINE ESTABLISHMENTS (entire article reference) . CHAPTER 11, ARTICLE VIII. - SEXUALLY ORIENTED BUSINESSES Repeal and include in UDC: • Sec. 11-203.1. - Hours of operation (include reference to UDC) . • Sec. 11-204. - Location (include reference to UDC) . • Sec. 11-204.1. - Nonconforming uses (include reference to UDC) . Provide Reference in UDC: • Sec. 11-205. - License—Required. • Sec. 11-206. - Same—Application. CHAPTER 11, ARTICLE IX. - GARAGE SALES Repeal and include in UDC: 15 Ionia, SW, Ste.450 Grand Rapids, MI 49503 Tel.616.336.7750 Fax.616.336.8478 www.LSLPlanning.com Kennedale, Texas ■ Entire. CHAPTER 11, ARTICLE X. - SECONDARY METAL RECYCLERS Repeal and include in UDC: ■ N/A. Provide Reference in UDC: ■ CHAPTER 11, ARTICLE X. - SECONDARY METAL RECYCLERS (entire article reference) . CHAPTER 11, ARTICLE XI. - ALCOHOLIC BEVERAGES Repeal and include in UDC: ■ N/A. Provide Reference in UDC: ■ Sec. 11-274. - Proximity to churches, public or private schools, and public hospitals. CHAPTER 13, MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES Repeal and include in UDC: ■ Entire. CHAPTER 16, ARTICLE VI. - NATURAL RESOURCES MANAGEMENT Repeal and include in UDC: ■ Entire. CHAPTER 23, ARTICLE II. - MUNICIPAL WATER SYSTEM, DIVISION 3. - WELLHEAD PROTECTION AREAS Repeal and include in UDC: ■ Entire. CHAPTER 23, ARTICLE III. - SEWERS AND SEWAGE DISPOSAL Repeal and include in UDC: ■ N/A. Provide Reference in UDC: • Sec. 23-73. - Buildings requiring connection to sewer. • Sec. 23-74. - When septic tank use allowed; standards. 2 1 Kennedale, Texas CHAPTER 23, ARTICLE VII. - STORMWATER PROTECTION Repeal and include in UDC: ■ Entire. 3 1 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: DECISION ITEMS- B. I. Subject: Discuss and consider approval of Ordinance 612 fixing and levying municipal ad valorem taxes for the City of Kennedale, Texas, for the fiscal year beginning October 1, 2016, and ending September 30, 2017; directing the assessment and collection thereof; providing a severability clause; and an effective date II. Originated by: III. Summary: According to the Texas Constitution and Property Tax Code, which both embody the concept of truth-in- taxation, a municipality is required to comply with certain steps in adopting their tax rate in an effort to make taxpayers aware of tax rate proposals and allow taxpayers, in certain cases, roll back or limit a tax increase. A vote to set the tax rate required by Chapter 26, Tax Code, is in addition to and separate from the vote to adopt the budget. The following timetable represents key dates during which notices were published and meetings were conducted: 08/12/16 Provide Effective Tax Rate & Schedules To Council 08/12/16 Hold Council FY16/17 Budget Retreat 08/12/16 Vote To Place Proposal For Tax Increase On Future Agenda 08/25/16 Publish Notice of Public Hearing On Budget 08/25/16 Publish Notice of Tax Rates 09/08/16 Hold Public Hearing On Budget 09/19/16 Adopt Budget, Adopt Tax Rate, Ratify Budget IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: Vote on tax rate must be a record vote. REQUIRED WORDING FOR A MOTION BY A GOVERNING BODY TO SET THE TAX RATE: I MOVE THAT THE PROPERTY TAX RATE REMAIN THE SAME BY THE ADOPTION OF A TAX RATE OF $0.767500, WHICH IS EFFECTIVELY A 0.00 PERCENT INCREASE IN THE TAX RATE. THIS YEAR'S PROPOSED TAX RATE DOES NOT EXCEED THE EFFECTIVE TAX RATE. VIII. Attachments: 1. Ordinance 612 0160919 Ordinance 612 To Adopt FY2016-17 Tax Rate. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE NO. 612 AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITY OF KENNEDALE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; DIRECTING THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE CLAUSE. WHEREAS, the City Council of the City of Kennedale, Texas hereby finds that the tax for the fiscal year beginning October 1, 2016, and ending September 30, 2017, hereinafter levied for current expenses and the general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved on the 19th day of September 2016, the budget for the fiscal year beginning October 1, 2016, and ending September 30, 2017; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been completed in due and correct time, including providing notice of and conducting a public hearing regarding the ad valorem tax levied hereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS,THAT: SECTION 1. For the current expense of the City of Kennedale and for the general improvements of the City and its property, there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2016 and ending September 30, 2017, and for each fiscal year thereafter until it be otherwise provided and ordained, on all property situated within the corporate limits of the City limits of the City of Kennedale, and not exempt from taxation by valid laws, an ad valorem tax rate of $0.767500 cents on the One Hundred ($100.00) Dollars valuation of such property. $0.581711 For the purpose of maintenance and operation. $0.185789 For the purpose of interest and sinking. $0.767500 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FROM MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 0.00 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $9.92. SECTION 2. That the taxes herein are levied according to law and shall be due and payable on October 1, 2016, and the same shall become delinquent on February 1, 2017. Should any taxpayer fail to make payment before the date of delinquency, the penalty as provided by law shall be assessed until the unpaid taxes and penalty have been satisfied. SECTION 3. Pursuant to the authority granted by Section 33.07 of the Texas Tax Code, in the event that 2015 taxes and taxes for all subsequent years become delinquent on or after February I but not later than May I of the year in which they become delinquent, and in the event such delinquent taxes are referred to an attorney for collection, an additional amount of twenty percent (20%) of the total amount of tax, penalty and interest then due shall be added as collection costs to be paid by the taxpayer, for all taxes delinquent on or after July 1, 2017. SECTION 4. Pursuant to the authority granted by Section 33.08 of the Texas Tax Code, the City further provides that all 2016 taxes and taxes for all subsequent years that become delinquent on or after June I of the year in which they become delinquent shall, in order to defray the costs of collection, incur an additional 20% of the delinquent tax,penalty and interest. SECTION 5. In the event any section, sub-section, clause, sentence, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, sub-section, clause sentence, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 19th day of September, 2016. ATTEST: APPROVED: Leslie Galloway, City Secretary Brian Johnson, Mayor APPROVED AS TO FORM AND LEGALITY: Wayne Olson, City Attorney JC KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: DECISION ITEMS- C. I. Subject: Discuss and consider approval of Ordinance 613 adopting the budget for the fiscal year beginning October 1, 2016, and ending September 30, 2017; amending budget figures for the prior fiscal year beginning October 1, 2015, and ending September 30, 2016; appropriating resources for each department, project, operation, activity, purchase, account and other expenditures; providing for emergency expenditures and expenditures as allowed by applicable state law; providing for the filing of the budget as required by state law; providing that this Ordinance shall be cumulative of all ordinances; providing a severability clause and providing an effective date II. Originated by: III. Summary: According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. The proposed budget must be filed with the municipal clerk for public inspection, and a public hearing conducted on the budget with special notice published in relation to the budget hearing. At the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget (or table it for adoption at a later meeting), and it may make any changes in the budget that it considers warranted by the law or by the best interest of the municipal taxpayers. A vote to adopt the budget under this Chapter is in addition to and separate from the vote to set the tax rate required by Chapter 26, Tax Code, or other law. The following timetable represents key dates during which notices were published and meetings were conducted: key dates during which notices were published and meetings were conducted: 08/12/16 Provide Effective Tax Rate & Schedules To Council 08/12/16 Hold Council FY16/17 Budget Retreat 08/12/16 Vote To Place Proposal For Tax Increase On Future Agenda 08/25/16 Publish Notice of Public Hearing On Budget 08/25/16 Publish Notice of Tax Rates 09/08/16 Hold Public Hearing On Budget 09/19/16 Adopt Budget, Adopt Tax Rate, Ratify Budget Exhibit A represents a brief summary of the budget. A full softcopy version will be made available online at the City's website beginning October 1, 2016. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 VII.Alternative Actions: VIII. Attachments: 1. Ordinance 613 20160919 Ordinance 613 To Adopt FY2016-17 Bud et. df 2. Exhibit A- FY16-17 Adopted Budget FY16-17 Budget Summary.pdf Summary ORDINANCE NO. 613 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; AMENDING BUDGET FIGURES FOR THE PRIOR FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016;APPROPRIATING RESOURCES FOR EACH DEPARTMENT, PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND OTHER EXPENDITURES; PROVIDING FOR EMERGENCY EXPENDITURES AND EXPENDITURES AS ALLOWED BY APPLICABLE STATE LAW; PROVIDING FOR THE FILING OF THE BUDGET AS REQUIRED BY STATE LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas Fiscal Year 2015-2016 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, the City Council of the City of Kennedale, Texas hereby finds and determines that it is prudent to amend specific line items due to unforeseen situations that have occurred in the City and impacted those line items; and WHEREAS, the City Council of the City of Kennedale, Texas further finds that the amendments, as set forth in Exhibit "A," will serve in the public interest and are necessary to support City operations; and WHEREAS, the City Council of the City of Kennedale, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; WHEREAS, the City Manager of the City has filed with the City Secretary a budget outlining all proposed expenditures of the Government of the City for the fiscal year beginning October 1, 2016, and ending September 30, 2017, (hereinafter referred as the "Budget"); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, specifically sets forth each of the various projects for which appropriations are delineated, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days before the date the City Council makes its tax levy for the fiscal year and such Budget has been available for inspection by any taxpayer; and WHEREAS, public notice of a public hearing on the proposed Budget, stating the date, time, place and subject matter of said public hearing, was given as required by the laws of the State of Texas; and WHEREAS, such public hearing was held on September 8, 2016, prior approval of such date being hereby ratified and confirmed by the City Council, and those wishing to speak on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearing held thereon and has determined that the Budget attached hereto is in the best interest of the City and that same should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS,THAT: SECTION 1. All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. The Budget as set forth in Exhibit "A," of the revenue of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2016 and ending September 30, 2017, is hereby adopted and approved, and there is hereby appropriated from the funds indicated therein such sums for the projects, operations, activities, purchases, accounts and other expenditures proposed in the Budget. SECTION 3. No expenditure of the funds of the City of Kennedale shall hereafter be made except in compliance with the budget and applicable state law; provided, however, that in case of grave public necessity to meet unusual and unforeseen conditions, which could not by reasonable, diligent thought and attention have been include in the original budget, may from time to time be authorized by the City Council as amendments to the original Budget. SECTION 4. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, with the City Secretary. The City Manager shall file or cause to be filed a true and correct copy of this ordinance, along with the approved Budget attached hereto, and any amendments thereto, in the office of the County Clerk of Tarrant County, Texas, as required by State law. SECTION 5.The City of Kennedale, Texas, Fiscal Year 2015-2016 Budget is hereby amended to fund the line items as stated in Exhibit"A."This Amendment No. 1 (Exhibit"A") to the Original Budget of the City of Kennedale, Texas, for the Fiscal Year 2015-2016 shall be attached to and made part of the Original Budget by the City Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first budget amendment that has occurred since the October 1, 2015 effective date of the City's Fiscal Year 2015-2016 Budget. SECTION 6.That this Ordinance shall be cumulative of all other Ordinances of the City affecting the Fiscal Year 2015-2016 Budget of the City and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the City of Kennedale, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 7. Any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this ordinance are hereby repealed and rescinded to the extent of conflict therewith. SECTION 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. That this ordinance be in full force and effect from and after its adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 19th day of September, 2016. APPROVED: MAYOR, BRIAN JOHNSON ATTEST: LESLIE GALLOWAY, CITY SECRETARY CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES ALL FUNDS BUDGET SUMMARY ALLGENERAL DEBT CAPITAL SPECIAL ALL WATER/ ALLEDC TOTAL CATEGORY FUNDS SERVICE FUND PROJECTS FUNDS REVENUE FUNDS SEWERFUNDS FUNDS FUNDS BEGINNING FUND BALANCE $ 1,732,850 $ 9,595 $ 358,001 $ 1 $ 11,243,501 $ 248,862 $ 13,592,810 AD VALOREM TAXES 3,570,946 1,139,330 - - - 48,462 4,758,738 SALES/BEVERAGE TAXES 1,163,954 - - - - 349,351 1,513,306 FRANCHISE FEES 926,966 - 926,966 GRANTS 257,243 - - 1,767 176,000 - 435,010 LICENSES/PERMITS 171,105 - - - 171,105 FINES/FEES 243,083 - 49,210 - 318,832 - 611,126 CHARGES FOR SERVICES 190,750 - - - 4,767,900 - 4,958,650 INVESTMENT EARNINGS 2,554 162 160 - 250 260 3,386 MISCELLANEOUS INCOME 487,065 - 73,100 - 101,236 435,796 1,097,197 INTERGOVERNMENTAL 551,406 - 1,550 11,217 - - 564,173 SURPLUS/RENTALS 4,800 - - - 2,000 99,358 106,158 TRANSFERS 283,634 230,820 - 138,238 214,415 - 867,107 TOTAL REVENUES $ 7,853,507 $ 1,370,311 $ 124,020 $ 151,223 $ 5,580,634 $ 933,227 $ 16,012,922 PERSONNEL 4,850,747 - - - 725,958 - 5,576,705 SUPPLIES 267,377 - - - 63,250 3,100 333,727 MAINTENANCE 553,748 - 2,000 - 442,818 95,403 1,093,969 SUNDRY 1,376,339 - - 1,767 2,891,746 291,959 4,561,811 DEBT 109,186 1,365,627 - - 511,309 168,600 2,154,722 TRANSFERS 247,626 - 214,239 11,217 214,415 154,819 842,316 CAPITAL 880,380 - - 138,238 589,850 90,000 1,698,468 GRANTS 91,500 - - - 193,189 91,500 376,189 TOTAL EXPENDITURES $ 8,376,903 $ 1,365,627 $ 216,239 $ 151,222 $ 5,632,536 $ 895,380 $ 16,637,908 REVENUES OVER EXPENDITURES $ (523,396) $ 4,685 $ (92,219) $ 0 $ (51,902) $ 37,847 $ (624,986) ENDING FUND BALANCE $ 1,209,454 $ 14,279 $ 265,782 $ 1 $ 11,191,599 $ 286,709 $ 12,967,824 "EXEMPLYIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES EXPENDITURE SUMMARY BY DEPARTMENT FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 CY-PY GENERAL FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE CITY MANAGER 275,390 293,578 293,578 180,842 286,802 283,123 (10,455) MAYOR/CITY COUNCIL 77,128 88,676 88,676 60,763 86,724 140,157 51,481 CITY SECRETARY 124,118 135,923 147,162 85,345 145,461 160,328 13,166 MUNICIPAL COURT 129,204 157,745 126,686 65,555 119,359 121,230 (5,456) HUMAN RESOURCES 112,330 124,565 124,565 78,347 124,087 122,616 (1,948) FINANCE 348,750 323,931 323,931 229,557 311,974 296,688 (27,243) POLICE 2,033,489 2,245,833 2,218,144 1,386,485 2,174,545 2,381,270 163,126 FIRE 1,628,548 1,728,014 1,718,114 1,098,232 1,658,468 1,826,031 107,917 COMMUNITY DEVELOPMENT 348,325 439,480 439,480 243,606 422,113 332,442 (107,038) SENIOR CITIZEN CENTER 50,569 54,077 54,077 30,021 47,000 54,612 535 LIBRARY 217,807 239,080 254,123 157,826 252,212 259,591 5,468 NONDEPARTMENTAL 483,355 367,317 392,771 232,825 381,589 511,218 118,447 TOTAL EXPENDITURES $ 5,829,014 $ 6,198,218 $ 6,181,307 $ 3,849,405 $ 6,010,334 6,481, $ 308,000 FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 CY-PY WATER/SEWER FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE UTILITY BILLING 1,326,837 1,360,981 1,343,775 610,804 1,324,700 1,704,198 360,423 WATER OPERATIONS 1,109,432 3,156,143 1,720,282 954,206 1,654,908 1,477,946 (242,336) DEBT 186,691 505,472 505,472 450,087 505,473 511,309 5,837 CAPITAL - - - - - 301,850 301,850 NONDEPARTMENTAL 1,427,127 1,070,631 1,011,873 526,617 1,003,895 834,472 (177,401) TOTAL EXPENDITURES $ 4,050,086 $ 6,093,227 $ 4,581,402 $ 2,541,714 $ 4,488,976 $ 248,373 FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 CY-PY STREET IMPROVEMENT FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE STREETS 704,161 1,042,537 1,173,284 729,333 1,129,385 712,452 (460,831) PARKS MAINTENANCE 118,624 84,000 140,000 71,674 133,939 116,409 (23,591) CAPITAL - - - - - 366,032 366,032 TOTAL EXPENDITURES $ 822,784 $ 1,126,537 $ 1,313,284 $ 801,006 $ 1,263,324 ,94,89'.: $ (118,391) FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 CY-PY EDC413 FUNDS ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE ADMINISTRATION 241,795 176,466 332,281 166,555 330,801 270,167 93,701 DEBT SERVICE 323,315 319,893 319,893 300,401 318,225 323,419 3,526 TOWN SHOPPING CENTER 66,817 50,484 50,484 28,578 45,542 120,295 69,811 TOWNCENTER REDEVELOPMENT - 90,000 - - - 90,000 - TX LEVERAGE 101,192 50,000 18,739 18,739 18,739 (50,000) TOTAL EXPENDITURES $ 733,119 $ 686,843 $ 721,397 $ 514,273 $ 713,307 $ 117,038 "EXEMPLYIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES REVENUE SUMMARY BY FUND FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 CY-PY REVENUES ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED CHANGE GENERAL FUND 6,022,996 6,091,419 6,256,244 4,760,639 6,260,589 6,201,455 (54,789) CAPITAL REPLACEMENT FUND 72,130 167,280 74,418 36,372 72,607 670,631 596,213 COURT SECURITY FUND 85,281 5,360 5,360 3,246 4,927 4,500 (860) COURT TECHNOLOGY FUND 5,775 6,103 6,103 4,330 6,541 5,104 (999) STREET IMPROVEMENT FUND 1,264,981 1,071,164 1,044,352 524,740 1,050,149 969,057 (75,295) JUVENILE CASE MANAGER FUND 8,017 9,204 9,204 6,232 9,365 7,010 (2,194) PARK REC/OTHER DONATION FUND 3,614 4,510 4,510 1,890 3,346 - (4,510) TREE REFORESTATION FUND 23 18 18 53 98 80 62 UNCLAIMED PROPERTY FUND - - - - - - - GENERAL FUND 7,462,817 7,355,058 7,400,209 5,337,502 7,407,621 7,857,837 457,628 GENERAL DEBT SERVICE FUND 1,340,773 1,403,111 1,372,313 1,242,836 1,362,761 1,370,311 43,928 WATER/SEWER FUND 3,464,037 5,672,328 4,402,233 2,418,016 4,401,175 4,991,835 589,602 STORMWATER UTILITY FUND 200,108 247,825 247,825 139,805 250,003 491,826 244,001 WATER IMPACT FUND 172,370 116,040 165,040 65,909 165,925 68,658 (96,382) SEWER IMPACT FUND 44,619 6,682 50,002 18,240 50,233 28,315 (21,687) WATER IMPROVEMENT FUND - - - - - - - WATER/SEWER FUND 3,881,134 6,042,875 4,865,100 2,641,970 4,867,336 5,580,634 715,534 EDC413 FUND 670,840 911,996 649,814 306,670 648,044 933,007 283,193 EDC413 CAPITAL BOND FUND 15 15 15 40 80 60 45 EDC413 BOND RESERVE FUND 40 25 25 94 179 160 135 EDC413 FUND 670,895 912,036 649,854 306,804 648,303 933,227 283,373 CAPITAL PROJECTS FUND 83,340 76,004 76,004 36,598 79,903 72,050 (3,954) CAPITAL BOND FUND 656,137 988,086 466,753 181,577 466,753 - (466,753) PARK DEDICATION FUND 386 33,604 163,604 140,837 164,156 14,060 (149,544) LIBRARY BUILDING FUND 3,344 3,133 3,133 1,662 2,842 2,660 (473) ROADWAY IMPACT FEE FUND 84,352 40,280 140,040 27,978 142,855 35,250 (104,790) CAPITAL FUND 827,559 1,141,107 849,534 388,652 856,509 124,020 (725,514) TIF#1 (NEW HOPE)FUND 45,937 125,000 335,000 86,646 334,384 149,456 (185,544) HOTEUMOTEL TAX FUND - - - - - - - POLICESEIZUREFUND (4,870) 1 1 1,255 1,257 - (1) LEOSE FUND 1,796 1,800 1,800 1,768 1,767 1,767 (33) SPECIAL REVENUE FUND 42,862 126,801 336,801 89,669 337,408 151,223 (185,578) TOTAL 6i :i iii 16,017,252 589,371 "EXEMPLYIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES EXPENDITURE SUMMARY BY FUND FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 CY-PY EXPENDITURES ACTUAL ADOPED AMENDED YTD MAY ESTIMATE PR,QPOSe CHANGE GENERAL FUND 5,829,014 6,198,218 6,181,307 3,849,405 6,010,334 6,489,307 308,000 CAPITAL REPLACEMENT FUND 203,208 167,280 110,675 97,072 108,907 673,316 562,641 COURT SECURITY FUND 72,160 1,558 1,558 1,020 2,030 1,152 (406) COURT TECHNOLOGY FUND 9,516 16,086 16,086 3,096 11,393 5,555 (10,531) STREET IMPROVEMENT FUND 822,784 1,126,537 1,313,284 801,006 1,263,324 1,194,893 (118,391) JUVENILE CASE MANAGER FUND 19,591 11,352 11,352 6,909 11,225 12,680 1,328 PARK REC/OTHER DONATION FUND - - - - - 24,791 24,791 TREE REFORESTATION FUND - - - - - - - UNCLAIMED PROPERTY FUND - - - - - - - GENERAL FUND 6,956,274 7,521,032 7,634,262 4,758,509 7,407,213 8,401,694 767,432 GENERAL DEBT SERVICE FUND 1,338,313 1,363,867 1,363,867 1,173,473 1,358,474 1,365,627 1,760 WATER/SEWER FUND 4,050,086 6,093,227 4,581,402 2,541,714 4,488,976 4,829,775 248,373 STORMWATER UTILITY FUND 111,696 264,273 189,207 83,462 165,955 571,157 381,950 WATER IMPACT FUND 174,916 171,200 171,200 - 171,200 154,415 (16,785) SEWER IMPACT FUND 22,396 - - - - 60,000 60,000 WATER IMPROVEMENT FUND - - - - - - - WATER/SEWER FUND 4,359,094 6,528,700 4,941,809 2,625,175 4,826,130 5,615,347 673,538 EDC413 FUND 733,119 686,843 721,397 514,273 713,307 803,880 82,483 EDC413 CAPITAL BOND FUND - 25,000 25,000 - - - (25,000) EDC413 BOND RESERVE FUND - - - - - - - EDC46 FUND 733,119 711,843 746,397 514,273 713,307 803,880 57,483 CAPITAL PROJECTS FUND 52,000 76,001 76,001 - 76,001 76,001 - CAPITAL BOND FUND 693,259 1,080,625 467,243 441,687 459,417 - (467,243) PARK DEDICATION FUND 3,171 - - 162 162 - - LIBRARY BUILDING FUND 1,417 2,000 2,000 - 2,000 2,000 ROADWAY IMPACT FEE FUND 45,919 125,000 335,000 86,646 334,384 138,238 (196,762) CAPITAL FUND 795,765 1,283,626 880,244 528,495 871,964 216,239 (664,005) TIF#1 (NEW HOPE)FUND 47,048 125,000 335,000 86,646 334,384 149,455 (185,545) HOTEUMOTEL TAX FUND - - - - - - POLICE SEIZURE FUND - - - - 6,543 - LEOSE FUND 1,803 1,800 1,800 1,800 1,767 1,767 SPECIAL REVENUE FUND 48,852 126,800 336,800 88,446 342,694 151,222 (185,545) EXPENDITURES TOTAL i 16,554,010 650,664 "EXEMPLYIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES FUND BALANCE SUMMARY(%) FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED GENERAL FUND 17.5% 17.3% 16.9% 31.7% 20.3% 14.4% CAPITAL REPLACEMENT FUND 19.2% 0.0% 2.5% 2.8% 2.5% 0.0% COURT SECURITY FUND 11.3% 359.2% 769.4% 1086.5% 545.9% 1252.6% COURT TECHNOLOGY FUND 83.3% 39.6% -12.8% 178.8% 26.9% 47.1% STREET IMPROVEMENT FUND 66.9% 38.1% 24.5% 47.1% 29.8% 12.7% JUVENILE CASE MANAGER FUND 136.1% 140.8% 216.0% 359.1% 221.0% 151.0% PARK REC/OTHER DONATION FUND N/A N/A N/A N/A N/A N/A TREE REFORESTATION FUND N/A N/A N/A N/A N/A N/A UNCLAIMED PROPERTY FUND N/A N/A N/A N/A N/A N/A GENERAL FUND 25.0% 21.6% 19.6% 36.5% 23.4% 14.2% GENERAL DEBT SERVICE FUND 0.4% 6.8% 1.0% 0.8% 0.7% 1.0% WATER/SEWER FUND* 8.4% -5.2% 2.1% 7.4% 4.2% 7.3% STORMWATER UTILITY FUND 481.0% 133.0% 314.9% 744.4% 374.4% 94.9% WATER IMPACT FUND N/A 25.0% 57.3% N/A 57.8% 8.6% SEWER IMPACT FUND N/A N/A N/A N/A N/A 108.5% WATER IMPROVEMENT FUND N/A N/A N/A N/A N/A N/A WATER/SEWER FUND 23.6% 1.8% 18.0% 38.3% 20.8% T73%r EDC413 FUND 22.4% 48.7% 12.9% 19.3% 13.9% 28.4% EDC413 CAPITAL BOND FUND N/A 17.8% 217.8% N/A N/A N/A EDC413 BOND RESERVE FUND N/A N/A N/A N/A N/A N/A EDC413 FUND �& 42.8% 64.4% 35.8% 48.4% 34.9% 47.0% CAPITAL PROJECTS FUND N/A 4.1% 41.2% N/A 46.4% 41.2% CAPITAL BOND FUND 0.0% 0.5% -0.1% 1.7% 1.6% N/A PARK DEDICATION FUND 986.6% N/A N/A 120543.2% 120543.2% N/A LIBRARY BUILDING FUND 716.3% 574.9% 564.0% N/A 549.4% 582.4% ROADWAY IMPACT FEE FUND N/A 130.1% 31.6% 126.0% 32.6% 4.5% CAPITAL FUND 46.9% 20.7% 38.9% 67.7% 41.1% 122.9% TIF#1 (NEW HOPE)FUND N/A 0.0% 0.0% N/A 0.0% 0.0% HOTEL/MOTEL TAX FUND N/A N/A N/A N/A N/A N/A POLICE SEIZURE FUND N/A N/A N/A N/A N/A N/A LEOSE FUND 0.0% 0.2% 0.0% 0.0% 0.0% 0.0% SPECIAL REVENUE FUND 10.8% 11.9% 1.6% 0.0% 0.0% 0. TOTAL 1 % 14.7% 19.0% 34.7% 21.6% 17.0% "EXEMPLYIFYING EXCELLENCE" CITY OF KENNEDALE ANNUAL PROGRAM OF SERVICES FUND BALANCE SUMMARY($) FY14-15 FY15-16 FY15-16 FY15-16 FY15-16 FY16-17 FUND ACTUAL BUDGET AMENDED YTD MAY ESTIMATE PROPOSED GENERAL FUND 1,019,123 1,074,473 1,045,776 1,221,093 1,221,093 933,242 CAPITAL REPLACEMENT FUND 38,986 (0) 2,729 2,686 2,686 0 COURT SECURITY FUND 8,185 5,597 11,987 11,082 11,082 14,430 COURT TECHNOLOGY FUND 7,922 6,364 (2,061) 5,537 3,070 2,619 STREET IMPROVEMENT FUND 550,186 428,911 321,247 377,004 377,004 151,168 JUVENILE CASE MANAGER FUND 26,671 15,988 24,522 24,811 24,811 19,141 PARK REC/OTHER DONATION FUND 21,559 26,965 26,069 24,904 24,904 113 TREE REFORESTATION FUND 67,798 67,811 67,816 67,896 67,896 67,976 UNCLAIMED PROPERTY FUND 304 304 304 304 304 304 GENERAL FUND 1,740,732 1,626,412 1,498,388 1,735,318 1,732,850 1,188,993 GENERAL DEBT SERVICE FUND 5,308 92,588 13,754 9,595 9,595 14,279 WATER/SEWER FUND* 340,634 (317,794) 97,162 188,530 188,530 350,590 STORMWATER UTILITY FUND 537,248 351,446 595,866 621,296 621,296 541,965 WATER IMPACT FUND 104,311 42,815 98,151 99,036 99,036 13,279 SEWER IMPACT FUND 46,564 40,638 96,566 96,798 96,798 65,112 WATER IMPROVEMENT FUND - - - - - - WATER/SEWER FUND 1,028,756 117,105 887,745 1,005,659 1,005,659 970,946 EDC413 FUND 164,460 334,202 92,877 99,198 99,198 228,324 EDC413 CAPITAL BOND FUND 29,444 4,456 54,459 29,524 29,524 29,584 EDC413 BOND RESERVE FUND 119,962 119,977 119,987 120,141 120,141 120,301 EDC4B FUND 313,866 458,635 267,323 248,862 248,862 378,209 CAPITAL PROJECTS FUND 31,340 3,081 31,343 35,242 35,242 31,291 CAPITAL BOND FUND 1 5,206 (489) 7,336 7,336 7,336 PARK DEDICATION FUND 31,286 83,016 194,890 195,280 195,280 209,340 LIBRARY BUILDING FUND 10,147 11,498 11,280 10,989 10,989 11,649 ROADWAY IMPACT FEE FUND 300,683 162,609 105,723 109,154 109,154 6,166 CAPITAL FUND 373,456 265,410 342,746 358,001 358,001 265,782 TIF#1 (NEW HOPE)FUND 0 - 0 0 0 0 HOTEL/MOTEL TAX FUND - - - - - - POLICE SEIZURE FUND 5,286 15,030 5,287 0 0 0 LEOSE FUND 0 3 0 1 1 1 SPECIAL REVENUE FUND 5,286 15,034 5,287 1 1 1 FUNDS TOTAL 0, 2,575,184 3,015,244 3,357,436 3,354,968 2,818,210 *FUND BALANCE IN TERMS OF WORKING CAPITAL.REPRESENTS TOTAL NET POSITION.BALANCES WATER/SEWER FUND TO CERTIFIED ANNUAL FINANCIAL REPORT(CAFR). WATER/SEWER FUND 10,728,066 9,177,403 10,335,004 10,426,372 10,426,372 10,588,432 "EXEMPLYIFYING EXCELLENCE" )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: DECISION ITEMS- D. I. Subject: Discuss and consider approval for ratification of property tax rate in FY 2016-2017 adopted budget II. Originated by: III. Summary: According to Chapter 102, Municipal Budget, of the Local Government Code (LGC), a municipal budget shall be prepared to cover the proposed expenditures of the municipal government for the succeeding year. In addition to the adoption of a budget, should that budget require raising more revenue from property taxes than in the previous year, the governing body must conduct a separate vote to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: Required wording for a motion by a governing body to ratify a property tax increase in an approved budget: I MOVE THAT THIS BUDGET WILL RAISE MORE REVENUE FROM POPERTY TAXES THAN LAST YEAR'S BUDGET BY AN AMOUNT OF$140,283,WHICH IS A 3.11 PERCENT INCREASE FROM LAST YEAR'S BUDGET. THE PROPERTY TAX REVENUE TO BE RAISE FROM PROPERTY ADDED TO THE TAX ROLL THIS YEAR IS $191,867. VIII. Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 )c KENNEDALE Planning and Zoning Commission www.dtyofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL Date: September 19, 2016 Agenda Item No: DECISION ITEMS (E) I. SUBJECT CASE # PZ 16-03 Public hearing and consider approval of a request by Hickman Consulting Engineers for MKP Associates, Inc. for a replat of approximately 5.005 acres at 1209 Swiney Hiett Rd, being a replat of C C Swiney's Subdivision Lot 1, Kennedale, Tarrant County, to create Falcon Crest Estates Block 1 Lots 1-7. II. SUMMARY BACKGROUND AND OVERVIEW Request Replat Applicant Hickman Consulting for MKP Associates, Inc. Location Swiney Hiett Rd between Joplin and Collett Sublett Rds (see map) Surrounding Uses Single-family residential Surrounding Zoning Agricultural, R-1 single family residential, R-3 single family residential Future Land Use Plan Designation Neighborhood Staff Recommendation approve Planning & Zoning Commission Recommendation will be proVided soon Recommendation CURRENT STATUS OF • The property is zoned R-2 residential, and no zoning change is proposed. The property is surrounded by other single-family residential uses. Previously, the property was used for one single-family residence. SURROUNDING PROPERTIES NEIGHBORHOOD As stated above, the surrounding properties are all single-family residential. HISTORY PLATTING C C Swiney's Subdivision was platted in 1946. This property has remained unchanged (in terms of lot divisions) since that time; many of the other original lots have been subdivided over time.. STAFF REVIEW The City Council shall approve a plat if it conforms to the comprehensive land use plan and platting regulations. COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of a Neighborhood character district. The comprehensive plan states that the Neighborhood character district should be primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services...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. The proposed plat is for residential development as called for in the future land use plan, and the proposed street is not included in the future transportation plan (the city's standard street requirements would therefore apply). The replat conforms to the comprehensive land use plan. CITY DEVELOPMENT REQUIREMENTS City staff and the city's engineers reviewed the plat for compliance with the city's regulations for replats. Revisions to the first submitted plat and associated plans were required, in particular for meeting drainage requirements. The applicant has made the required revisions. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The replat drawing meets the technical requirements for replat drawings. ZONING DISTRICT LOT REQUIREMENTS. The proposed plat meets the requirements of the R-2 single family residential zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. All required plans were submitted by the applicant. The plans have been reviewed by Public Works Department staff and the city engineers and have been approved, except for a few minor items that do not require revision prior to plat approval. Staff considers the plan requirement to be met by the applicant. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the replat RECOMMENDATION BY THE PLANNING & ZONING • • The Planning & Zoning Commission considered this replat during its meeting on September 15th. The Commission held a public hearing, during which two of the owners of adjacent property asked about drainage. After getting additional information from the applicant about drainage plans, the Commission voted to approve the replat. ACTION • The City Council may approve or deny requests for replats. If the plat meets all city requirements and conforms to the comprehensive land use plan, the city is required to approve it. Approval: Based on the information presented, I find that the request meets city requirements [if applicable: and is in compliance with the comprehensive land use plan] and make a motion to approve Case PZ 16-03. Deny: Based on the information presented, I find that the proposed use does not meet [list standards or requirements not met] and make a motion to deny Case PZ 16-03. r Lu CD o Go ib dI Ch i 7-4 co co cn je Wf c} sr 7"l CD CLI -J tl 4 r 'P � "�, "' r�•tiE f4 iC :7 'M 7 - AI P - Y'•'- EF dr F ■� y 3 • - .� F 4v' LI r Lu CD o Go ib dI Ch i 7-4 co co cn je Wf c} sr 7"l CD CLI -J tl 4 r 'P � "�, "' r�•tiE f4 iC :7 'M 7 - AI P - Y'•'- EF dr F ■� y 3 • - .� F 4v' LI L LR o UN ea d _ Cl a o {, via q o K tC5 CS O V Cl 023 Z � � .,�..� � � t •.. ,:� �r N � , � ";_r, 'fop'. i r.s I W A61, .. - J C;' ' '>- © sNt,r� IN � _ t (6 r Z.� . z It ii3igns i i -1-loo 47 m i.. %if y LLI 1. U- po �,4 2 t UJ < o 0,� wl 8.g C-i On og 7 0 P t5 T OZ LLL ZZI.LUOS pa -------- --- ------- -- ------ Fw . Ao� T- , soot Po H3 all m I to 3A180 MdO NOOIVJ OL669 3.GZ.LSLON C Zt Property owners notified: PZ 16-03 Owner—Name—Last Owner—Name—First Owner Addr Owner City Owner_Zip Berry James A& Patricia 136 Collett Sublett Rd Kennedale, TX 76060 Bowerman Oil & Gas Inc PO Box 171199 Arlington, TX 76003 Ellis Mark & Heather 1209 Falcon View Dr Kennedale, TX 76060 Falcon Wood Estates Inc 1308 Canterbury Ct Arlington, TX 76013 Faulkner Dennis L 1217 Swiney Hiett Rd Kennedale, TX 76060 Summit Building & Development Inc 1375 Gilman Rd Fort Worth, TX 76140 Joines Martin B & Karen 1217 Falcon View Dr Kennedale, TX 76060 Current Owner 1177 Swiney Hiett Rd Kennedale, TX 76060 Roessler Robert W &Tambrea 1157 Falcon View Dr Kennedale, TX 76060 Russell Taryn 1811 Swiney Hiett Rd Kennedale, TX 76060 Schwind Patrick &Tiffany PO Box 603 Kennedale, TX 76060 Templin Marion Eva PO Box 274 Kennedale, TX 76060 Williams Courtney&Jay 206 Collett Sublett Rd Kennedale, TX 76060 Watson Rick A& Lea Ann 1211 Falcon View Dr Kennedale, TX 76060 Watt John & Margaret 1161 Falcon View Dr Kennedale, TX 76060 )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL Date: September 15, 2016 Agenda Item No: DECISION ITEMS (F) I. SUBJECT CASE # PZ 16-11 Public Hearing to receive public comments and consider approval of a request by Ashton Holdings for a replat of approximately 0.988 acres at 408 3rd St, being a replat of Soto Addition Block 1 Lot 1R, Kennedale, Tarrant County, to create Soto Addition Lot 1R-1 and 1R-2. II. SUMMARY BACKGROUND OVERVIEW Request Replat 1 lot into 2 lots Applicant Ashton Holdings Location 3rd Street (Old Town) near intersection with Corry A Edwards Dr Surrounding Uses Single family residential; park; civic uses; multi-family (duplex, quadplex) Surrounding Zoning Old Town sub-districts 2 and 3 Future Land Use Plan Downtown Village Designation Staff Recommendation Approve Planning & Zoning Commission Recommendation will be provided soon recommendation CURRENT STATUS OF • The property has been vacant for some time, except for some outbuildings that have recently been removed. It has been subject to drainage problems, which will be addressed as required by code through development of the property. The drainage issues on this property originate elsewhere in the neighborhood, and replatting is not expected to exacerbate existing conditions. In the meantime, the city's storm water staff is area of the problem and is working with the city engineers to determine a solution. SURROUNDING • PERTIES & NEIGHBORHOO The properties surrounding it are primarily single family residential, but there are duplex and quadplex residences located nearby. Old Town is an older neighborhood, with many of the nearby lots being larger than required by the zoning district regulations. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL HISTORY PLATTING The property was platted as Soto Addition Block 1 Lot 1R in 1996. STAFF REVIEW The City Council shall approve a plat if it conforms to the comprehensive land use plan and platting regulations. COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of the Downtown Village character district. The comprehensive plan states that the Downtown Village character district should be based on 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 nearby. The proposed replat preserves the existing block pattern. The street on which the proposed lots front, 3rd Street, has a 50-foot right-of-way, in compliance with the future transportation plan portion of the comprehensive land use plan. The proposed lots are for residential purposes, which also conforms to the comprehensive plan. The replat complies with the comprehensive land use plan. CITY DEVELOPMENT REQUIREMENTS In addition to compliance with the comprehensive land use plan, plats must also be in compliance with applicable city regulations in order to be approved. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The plat drawing meets the technical requirements for replats. ZONING DISTRICT LOT REQUIREMENTS. The proposed plat meets the requirements of the Old Town sub-district 2 zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. No plans were required by the Public Works Department or the city engineers. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE MAYOR & CITY COUNCIL STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the replat. ACTION • NING COMMISION The Planning & Zoning Commission considered this replat during its meeting on September 15th. The Commission held a public hearing, during which several owners of nearby property expressed concern about drainage. After noting the residents' concerns and stating that they would forward their comments to city staff, the Commission's voted to recommend approval. ACTION • The City Council may approve or deny the replat. If the plat conforms to the comprehensive land use plan and meets all requirements for plats, the city must approve the plat. Sample motions are provided below (note: you are not required to use one of these motions). Approval: Based on the information presented, I find that the replat meets city requirements and conforms to the comprehensive land use plan. I make a motion to approve Case PZ 16-11. Deny: Based on the information presented, I find that the proposed use does not meet [list standards or requirements not met] and make a motion to deny Case PZ 16-11. sluewuaano9 Jo PunOO sexeL lealueO UPON u1OJJ elep peon{ joujsio 1esieaddy juearelayj to ep IGepunoq/aoae S3/�33b M31/�1S3b0 3NMEION11 �QJPy .13NN3�1 J� SULPHUR vl nvd g1 Q W � 7 T- V11ONEWN s--� Tdd I OI N n W O � O � od MJVAAa 3`d.12J 0 O NI` N Q m CO (6 0 Q p N o C) 0 N NO 0 s o s +-- o � N O LL o 0 o O N 2 O _ M O cn E N c 0 Ta I y� i Ilk;;_- , .. Y , a — _ - - .10 ' e mks WT, qqq � a w a, r f I{ f� . n • �"' t'}a fir!' _ b''�- ' - Aft vil F " 4 i r ge s ,a Jl u I I�x L -4Zk IZ CID A-V 1. 9Dd'NI 101 IVI H8901-91/NOI1IOOtl VIOS 901-9I/9IOZ9Dd 56 vpm NwpWa .¢aa,o oa v9 .a= .�N 3" A.9n N Z s" o°ax$ �do , o a�m¢-5q o�ya'gx F y Ff4 Q M o�aHZ Hcaa°a wwPuzc4 O 5 � aaz o° 0� av s w�q Moa•os •xa SaHVM(IH•v AIJU03 a Awe 0069 5507700N 00'OL M�,AOSf°OOS T ,Of'LS[ M.'A0mo00S 3F�F w a o � e °omF w a�o z z H z w L4 0 I a o a ealo••ul-- 75'O.E_ A791 M�,9S,LOo00 S ala..ul -------------------------- :S-11ol,----__-133.80!__—_— ealo••ul o v S 03°05'04"E 299.55' W Pa a zecFi - �" was®dam a sala..al .. —_-- 7.5 O.E. ----------------- N 03°0504 W 30215' g t o a xoyoo� ..zs 2G`5 z ro a w ysq �o zyy�z I z¢ A as o v xN gad 00 I V eV '8 OFF S01°34'19"E 1IL14' I � ° �o°i III fed .a e x o'xO a FO moo a = tea,, v zw �}°zo Property owners notified Owner—Last—Name Owner—First—Name Owner_Addr Owner—City BOYD ALICE LOREE 321 W 3RD ST KENNEDALE, TX BRAY KENNETH J ETAL PO BOX 1715 ALEDO, TX CAMP PERRY RAY 4900 MARBLE FALLS RD FORT WORTH, TX CHAVEZ DOMINGO 412 W 4TH ST KENNEDALE, TX CRAWFORD CAROLE JEAN 424 W 4TH ST KENNEDALE, TX JOBLON HAYLEY& CHRISTOPHER 417 CORRY A EDWARDS DR KENNEDALE, TX GONZALES EDWARD M 320 W 4TH ST KENNEDALE, TX GONZALES PAUL 400 W 4TH ST KENNEDALE, TX GONZALEZ DOMINGO 429 CORRY A EDWARDS DR KENNEDALE, TX KENNEDALE CITY OF 405 MUNICIPAL DR KENNEDALE, TX KEYES CORNELIUS M ETAL 25474 VIA ESCOVAR VALENCIA, CA LEACH RAMONA R 401 W 3RD ST KENNEDALE, TX RHODES KELLY N 421 W 3RD ST KENNEDALE, TX SALINAS MARY ALICE BARRON 405 CORRY A EDWARDS DR KENNEDALE, TX SALINAS JUAN 405 CORRY A EDWARDS DR KENNEDALE, TX SALINS RACHEL A 329 W 3RD ST KENNEDALE, TX SATHER JERRY D 421 CORRY A EDWARDS DR KENNEDALE, TX SATHER JERRY D 421 CORRY A EDWARDS DR KENNEDALE, TX PENNINGTON ADLAI THOMAS RICHARD D 416 W 3RD ST KENNEDALE, TX THOMAS VINITA ANN 412 W 3RD ST KENNEDALE, TX VILLAIRE SEAN 500 HILLSIDE DR KENNEDALE, TX WISE RICHARD 417 W 3RD ST KENNEDALE, TX P" Owner_Zip Owner_Zip4 76060 2203 76008 1715 76103 1220 76060 2215 76060 2215 76060 4436 76060 2213 76060 2215 76060 76060 2249 91355 2914 76060 76060 2205 76060 4436 76060 4436 76060 2203 76060 4436 76060 4436 2230 76060 2204 76060 76060 2607 76060 2205 )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: DECISION ITEMS- G. I. Subject: Consider approval of Ordinance 608 repealing Ordinance 589 water and sanitary sewer rates for service II. Originated by: III. Summary: Ordinance 608 has been placed on the agenda based upon direction during the last city council meeting. Ordinance 608 would repeal the existing rates established in ordinance 589 adopted in January 2016. The annualized revenue loss from the repeal of the rates is approximately $2 million. An alternative rate ordinance (ordinance 611) based on the recommendations of the water wastewater rate review committee has also been placed on the agenda for consideration. A $2 million revenue reduction will result in a 38% reduction in the water and wastewater fund and/or a 12% in the total city budget. A budget review and amendments will be necessary in October to implement the old rate structure. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII. Attachments: 1. Ordinance 608 10rdinance 608. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE NO. 608 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REPEALING THE RATES FOR WATER SERVICE AND SANITARY SEWER SERVICE ADOPTED IN ORDINANCE NUMBER 589 AND REVISING THE RATES FOR WATER SERVICE AND SANITARY SEWER SERVICE; PROVIDING A DISCOUNT FOR QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING AN EFFECTIVE DATE FOR THE RATES CONTAINED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas 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 of Kennedale has adopted ordinances establishing rates for water service and sanitary sewer service within and outside the city limits of Kennedale in compliance with Sections 23-52 and 23-79 of the Code of Ordinances of the City of Kennedale; and WHEREAS, the City Council has determined that it is in the best interests of the City of Kennedale to adopt a revised rate schedule in accordance with the provisions of Section 23-52 and 23-79 of the Code of Ordinances of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION 1. REPEAL OF WATER AND SEWER RATES The rates for water and sanitary sewer service established in Ordinance No. 589, adopted January 18, 2016, are hereby repealed. SECTION 2.WATER RATES In accordance with the provisions of Section 23-52 of the Code of Ordinances of the City of Kennedale, the following rate schedule is hereby adopted for monthly residential and commercial water usage. The total monthly charge shall be based on a base rate plus a volume charge. HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 1 A. For service within the city limits: 1. Base Rate: METER BASE RATE BASE RATE BASE RATE MULTIPLE SIZE RESIDENTIAL COMMERCIAL SENIOR/DISABLED RESIDENTIAL UNITS ON SINGLE METER 3/4" $13.87 $13.87 $13.87 $13.87/Per Unit l" $23.17 $23.17 $23.17 $13.87/Per Unit 1.5" $46.19 $46.19 $46.19 $13.87/Per Unit 2" 1 $73.92 1 $73.92 $73.92 $13.87/Per Unit 3" $161.871 $161.87 $161.87 $13.87/Per Unit 4" $291.29 1 $291.29 $291.29 $13.87/Per Unit *For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable meter size for water service. 2. Volume Charge: VOLUME RESIDENTIAL COMMERCIAL SENIOR/DISABLED RATE RATE RATE First 5000 Gallons $2.79 Per 1000 Gallons $2.78 Per 1000 Gallons $2.79 Per 1000 Gallons 5001 -50,000 Gallons $5.27 Per 1000 Gallons $5.27 Per 1000 Gallons* $5.27 Per 1000 Gallons Over 50,000 Gallons $6.19 Per 1000 Gallons $5.27 Per 1000 Gallons* $6.19 Per 1000 Gallons *For commercial rate, 2nd and 3rd tier volume charge is the same. Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. B. For service outside the city limits: 1. Base Rate: METER BASE RATE BASE RATE BASE RATE MULTIPLE SIZE RESIDENTIAL COMMERCIAL SENIOR/DISABLED RESIDENTIAL UNITS ON SINGLE METER 3/4" $27.75 $27.75 N/A $27.75/Per Unit 1" $46.33 $46.33 N/A $27.75/Per Unit 1.5" $92.38 $92.38 N/A $27.75/Per Unit 2" 1 $147.85 1 $147.85 N/A $27.75/Per Unit 3" $323.75 $323.75 N/A $27.75/Per Unit 4" $582.58 $582.58 N/A $27.75/Per Unit Note: Senior/disabled credit does not apply to service outside the city limits. HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 2 2. Volume Charge: VOLUME RESIDENTIAL COMMERCIAL SENIOR/DISABLED RATE RATE RATE First 5000 Gallons $5.58 Per 1000 Gallons $5.58 Per 1000 Gallons N/A 5001 —50,000 Gallons $10.54 Per 1000 Gallons $10.54 Per 1000 Gallons* N/A Over 50,000 Gallons $12.38 Per 1000 Gallons $10.54 Per 1000 Gallons* N/A *For commercial rate 2nd and 3rd tier volume charge is the same. Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. SECTION 3. SEWER RATES In accordance with the provisions of Section 23-79 of the Code of Ordinances of the City of Kennedale, the following rate schedule is hereby adopted for monthly residential and commercial sewer usage: A. For service within the city limits: RESIDENTIAL COMMERCIAL SENIOR/DISABLED RATE Minimum Base Rate $17.19 $28.64 $17.19* Volume $4.09 Per 1000 Gallons $4.48 Per 1000 Gallons $4.09 Per 1000 Gallons *For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable base for sewer service. B. For service outside the city limits: RESIDENTIAL COMMERCIAL SENIOR/DISABLED RATE Minimum Base Rate $34.37 $57.28 N/A Volume $8.17 Per 1000 Gallons $8.95 Per 1000 Gallons N/A Note: Senior/disabled credit does not apply to service outside the city limits. HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 3 SECTION 4. CREDIT Qualifying senior citizens and disabled individuals are eligible to receive a credit on the residential water rates and sewer rates as set forth in this ordinance. A. A qualifying senior citizen is defined as an individual 60 years of age and older, verified by a photo identification and/or birth celificate, who applies for the discount and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill;and 2. Must provide proof of annual household income, inclusive of all household residents, by submitting a Federal income tax return and/or benefit letter from the Social Security Administration. The annual household income must not exceed $32,000; and 3. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. B. A qualifying disabled individual is defined as anyone whose disability is subject to verification by Tan-ant County Appraisal District and/or Social Security Administration or Veterans Administration, who applies for the credit and meets the following criteria: I. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electricbill;and 2. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. C. Qualifying senior citizens or disabled individuals may only apply the credit on water rates and sewer rates to one residence in the City of Kennedale. All recipients of the discount must apply and complete an affidavit for the discount. Should a qualifying spouse become deceased, the surviving spouse will continue to receive the discount until the end of the fiscal year, which spans from October to the following September. D. Ifany of the submitted information in an application for a credit on the residential water rates and sewer rates established by this ordinance is found to be false,the individual who received the discount shall be required to reimburse the City for the amount of discount wrongfully received. HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 4 SECTION 5. PENALTY Providing and/or verifying false information presented to the City for purposes of obtaining a discount pursuant to this ordinance is hereby declared a misdemeanor. A person convicted of verifying and/or providing false information to obtain a discount on water rates or sewer rates shall be punished by a fine not exceeding two hundred dollars($200.00). SECTION 6. RATE EFFECTIVE DATE The rates established in this ordinance shall become effective upon entering the rates in the City's water and sewer billing system, or December 28, 2016, whichever occurs first. SECTION 7. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and shall not repeal any of the provision of such ordinances except in those instances when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in which the event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. PUBLICATION CLAUSE The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale, the caption, Section 5 and effective date clause of this Ordinance one (1) time within ten (10) days after the first reading of this Ordinance as required by the Charter of the City of Kennedale. SECTION 10. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the Code of Ordinances of the City of Kennedale, as amended, or any other ordinance regarding the regulation of water and sewer rates 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. HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 5 SECTION 11. EFFECTIVE DATE 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 THE 19TH DAY OF SEPTEMBER 2016. CITY OF KENNEDALE: Brian P. Johnson, Mayor Leslie Galloway, City Secretary Approved as to Form and Legality: Wayne Olson, City Attorney HACity Council\Ordinances\Ordinance 608.docx(09/16/16) Page 6 )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: DECISION ITEMS- H. I. Subject: Public Hearing to consider approval of Ordinance 611 approving the adoption of water and sanitary sewer service rates as recommended by the rate committee 1. Staff presentation 2. Public Hearing 3. Staff response and summary 4. Action by the City Council II. Originated by: III. Summary: Based on the new Water/Wastewater Rate Review Committee's recommendations adopt new rates that lower the impact to our residents. Other recommendations are presented that do not affected the rates but are recommendations and suggestions to change other areas. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Ordinance 611 JOrdinance 611. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169 ORDINANCE NO. 611 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; PROVIDING A DISCOUNT FOR QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS; PROVIDING AN EFFECTIVE DATE FOR THE RATES CONTAINED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR PROVIDING FALSE INFORMATION TO OBTAIN A DISCOUNT ON WATER OR SEWER RATES; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas 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 has adopted ordinances establishing rates for water service and sanitary sewer service within and outside the city limits of Kennedale in compliance with Sections 23-52 and 23-79 of the Code of Ordinances of the City of Kennedale; and WHEREAS, the City of Kennedale, Texas has conducted a public hearing following the investigation and review of rates by a citizens committee in order to determine the level of funding necessary to operate the water and sewer system; and WHEREAS, in accordance with the provisions of Sections 23-52 and 23-79 of the Code of Ordinances of the City of Kennedale, the City Council has determined that it is in the best interests of the City of Kennedale to appropriate money to meet the funding requirements necessary to operate the water and sewer system by adopting a revised rate schedule as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. WATER RATES In accordance with the provisions of Section 23-52 of the Code of Ordinances, the City Council hereby adopts water rates necessary to fund the expenditures necessary to operate and maintain the water system and for payment of debt related to the provision of such service. The following rate schedule is hereby adopted for monthly residential and commercial water usage. The total monthly charge shall include a base rate plus a volume charge for water usage. HACity Council\Ordinances\Ordinance 611.doc (09/16/16) Page 1 A. For service within the city limits: 1. Base Rate: METE BASE RATE BASE RATE BASE RATE MULTIPLE R SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED RESIDENTIAL INDUSTRIAL UNITS ON SINGLE METER 3/" $34.50 $34.50 $34.50 $34.50/Per Unit 1" $57.50 $57.50 $57.50 $34.50/Per Unit $115.00 $115.00 $115.00 $34.50/Per Unit 2" $184.00 $184.00 $184.00 $34.50/Per Unit 3" $368.00 $368.00 $368.00 $34.50/Per Unit 4" $575.00 $575.00 $575.00 $34.50/Per Unit *For senior/disabled rate, a credit of $12.50 per month/billing cycle will apply towards the applicable meter size for water service. 2. Volume Charge: VOLUME RESIDENTIAL RATE COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons *For commercial rate, 3RD and 4T" tier volume charge is the same. Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. B. For service outside the city limits: 1. Base Rate: METER BASE RATE BASE RATE BASE RATE MULTIPLE SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED RESIDENTIAL UNITS INDUSTRIAL ON SINGLE METER 3/" $51.75 $51.75 $51.75 $51.75/Per Unit 1" $86.25 $86.25 $86.25 $51.75/Per Unit 1.5" $172.50 $172.50 $172.50 $51.75/Per Unit 2" $276.00 $276.00 $276.00 $51.75/Per Unit 3" $552.00 $552.00 $552.00 $51.75/Per Unit 4" $862.50 $862.50 $862.50 $51.75/Per Unit Note: Senior/disabled credit does not apply for service outside the city limits. H:\City Council\Ordinances\Ordinance 611.doc (09/16/16) Page 2 2. Volume Charge VOLUME RESIDENTIAL RATE COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons *For commercial rate, 3RD and 4T" tier volume charge is the same. Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. SECTION 2. SEWER RATES In accordance with the provisions of Section 23-79 of the Code of Ordinances, the City Council hereby adopts sewer rates necessary to fund the expenditures necessary to operate and maintain the sewer system and for payment of debt related to the provision of such service. The following rate schedule is hereby adopted for monthly residential and commercial sewer usage. The total monthly charge shall include a base rate plus a volume charge based on water usage. A. For service within the city limits: RESIDENTIAL COMMERCIAL INDUSTRIAL SENIOR/DISABLED RATE Min. Base Rate $45.00 $60.72 $60.72 $45.00* Volume $2.90/1000 Gallons $6.72/1000 Gallons $4.50/1000 Gallons $2.90/1000 Gallons *For senior/disabled rate, a credit of $12.50 per month/billing cycle will apply towards the applicable meter size for water service. B. For service outside the city limits: RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED INDUSTRIAL RATE Minimum Base Rate $67.50 $60.72 N/A Volume $4.36 Per 1000 Gallons $10.08 Per 1000 Gallons N/A Note: Senior/disabled credit does not apply for service outside the city limits. HACity Council\Ordinances\Ordinance 611.doc (09/16/16) Page 3 SECTION 3. CREDIT Qualifying senior citizens and disabled individuals are eligible to receive a credit on the residential water rates and sewer rates as set forth in this ordinance. A. A qualifying senior citizen is defined as an individual 60 years of age and older, verified by a photo identification and/or birth certificate, who applies for the discount and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill; and 2. Must provide of annual household income, inclusive of all household residents, by submitting a Federal income tax return and/or benefit letter from the Social Security Administration. The annual household income must not exceed $32,000; and 3. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. B. A qualifying disabled individual is defined as anyone whose disability is subject to verification by Tarrant County Appraisal District and/or Social Security Administration or Veterans Administration, who applies for the credit and meets the following criteria: 1. Must reside on property located within the corporate city limits of the City of Kennedale and present proof of residency, photo identification, and a current electric bill; and 2. Must sign an affidavit verifying the accuracy of all information provided to the City to obtain the discount and agree to reimburse the City if any of the submitted information is found to be false. C. Qualifying senior citizens or disabled individuals may only apply the credit on water rates and sewer rates to one residence in the City of Kennedale. All recipients of the discount must apply and complete an affidavit for the discount. Should a qualifying spouse become deceased, the surviving spouse will continue to receive the discount until the end of the fiscal year, which spans from October to the following September. D. If any of the submitted information in an application for a credit on the residential water rates and sewer rates established by this ordinance is found to be false, the individual who received the discount shall be required to reimburse the City for the amount of discount wrongfully received. H:\City Council\Ordinances\Ordinance 611.doc (09/16/16) Page 4 SECTION 4. PENALTY Providing and/or verifying false information presented to the City for purposes of obtaining a discount pursuant to this ordinance is hereby declared a misdemeanor. A person convicted of verifying and/or providing false information to obtain a discount on water rates or sewer rates shall be punished by a fine not exceeding two hundred dollars ($200.00). SECTION 5. RATE EFFECTIVE DATE The rates established in this ordinance shall supersede all prior adopted rates and shall become effective upon entering the rates in the City's water and sewer billing system or December 28, 2016, whichever occurs first. SECTION 6. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, 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. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. PUBLICATION CLAUSE 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 and effective date clause of this ordinance two (2) days as authorized by section 52.013 of the Local Government Code. SECTION 9. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the Code of Ordinances of the City of Kennedale, as amended, or any other ordinance regarding the regulation of water and sewer rates 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. HACity Council\Ordinances\Ordinance 611.doc (09/16/16) Page 5 SECTION 10. EFFECTIVE DATE 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 19th DAY OF SEPTEMBER, 2016. CITY OF KENNEDALE: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne Olson HACity Council\Ordinances\Ordinance 611.doc (09/16/16) Page 6 )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: EXECUTIVE SESSION -A. I. Subject: The City Council may meet in closed session at any time during the work session or the regular 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 on any item posted on the agenda. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 108 New Hope Road 2. 6727 Hudson Village Creek Road 3. 3575 W. Kennedale Parkway II. Originated by: III. Summary: At this time the city council will meet in executive session. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home WWw.dtyofkennedale.com Staff Report to the Honorable Mayor and City Council Date: September 19, 2016 Agenda Item No: RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED -A. I. Subject: Consider approval of Resolution 492 authorizing the City Attorney to bring a condemnation action for the purpose of obtaining fee title of property to build a public street, or for other public purposes permitted by law II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII. Attachments: 1. Resolution 492 lResolution 492. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-955-2100 1 Fax: 817-478-7169