2017_03.20 CC Packet KENNEDALE
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www.cityofkennedale.com
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
March 20, 2017
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:30 PM
REGULAR SESSION at 7:00 PM
I. CALL TO ORDER
*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.
II.WORK SESSION
A. 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 the City Council
B. Updates from the Mayor
C. Updates from the Interim City Manager
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
IX. MONITORING INFORMATION
A. Monthly Financials— February 2017
B. Executive Limitations
C. Ends Review— Balanced Scorecard
X. INCIDENTAL ITEMS
A. Presentation of the 2016 Library Excellence Award from the Texas Municipal Library Directors
Association
XI. REQUIRED APPROVAL ITEMS (CONSENT)
All matters listed under required approval 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 February 27, 2017 regular meeting
B. Consider approval of a city-developer agreement for the Hilltop Addition
C. Consider approval of a contract extension for Interim City Manager
XII. DECISION ITEMS
A. CASE# PZ 17-03 to hold a public hearing and consider a request by Adlai Pennington for a
replat of approximately 8.3 acres at 501 Corry A Edwards Dr and 260 3rd Street, legal description of
Hilltop Addition Lots 1-15, and to include a final plat of Jacob Prickett Survey A-1225, to create
Hilltop Addition Lots 1-16 Block A and Lots 1-17 Block B, and two common area lots.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. Action by the City Council
XIII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas
Government Code for consultation with the City Attorney pertaining to any matter in which the duty
of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the
Open Meetings Act, including discussion of any item posted on the agenda and legal issues
regarding amortization of nonconforming uses and proposed annexation.
1. Final Payment for Booster Pump Project
B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas
Government Code to deliberate the purchase, exchange, lease, or value of real property for the
following:
1. 108 New Hope Road
2. 6727 Hudson Village Creek (Kennedale Speedway Park)
3. 6820 Oak Crest West
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XV.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 March 20, 2017, agenda was posted on the City Hall bulletin board next to the
main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place
convenient and readily accessible to the general public at all times and said agenda was posted at least
72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas
Government Code.
Leslie Galloway, City ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: WORK SESSION -A.
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: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from the 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: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
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: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the Interim City Manager
II. Originated by:
Bob Hart
III. Summary:
Updates and information from Interim City Manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Monthly Financials— February 2017
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. Monthl Financials- February 2017 017_02 Monthly Financials. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
FEBRUARY
FUND 99 CASH BALANCES
1201 GENERAL FUND 2,599,986
1202 DEBT SERVICE 30,975
1204 CAPITAL PROD- ST CONSTRUCTION 57,886
1205 VEHICLE FUND 166,748
1207 STORM DRAINAGE UTILITY FUND 143,741
1210 WATER AND SEWER FUND 203,746
1212 COURT SECURITY FUND 11,808
1213 CIP FUND - 1998 CO -
1214 PARK DEDICATION FUND 195,877
1215 ECO DEV CORPORATION 75,250
1216 COURT TECHNOLOGY FUND 4,829
1217 STREETS IMPROVEMENT FUND 232,124
1218 JUVENILE CASE MANAGER FUND 23,369
1221 KENNEDALE TIFF#1 FUND 3,809
1231 POLICE SEIZURE FUND 0
1232 LIBRARY BUILDING FUND 10,205
1234 LEOSE FUND 1,800
1241 DONATION FUND 9,470
1245 ROADWAY IMPACT FEE FUND 79,207
1261 WATER IMPACT FEE FUND 145,176
1262 SEWER IMPACT FEE FUND 109,068
1283 TREE REFORESTATION FUND 67,963
1285 UNCLAIMED PROPERTY FUND 1,990
1295 EDC FIXED ASSET/RESERVE 120,255
"YOU'RE HERE. YOUR HOME."
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
FEBRUARY
REVENUE SUMMARY BY FUND
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
REVENUES YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EARNED EARNED REMAINING
GENERALFUND 4,013,149 6,360,884 6,201,455 6,201,455 585,188 3,998,457 (54,789) 64.1% 64.5% 2,202,998
OTHER GENERAL FUNDS 362,820 1,572,545 1,645,165 1,645,165 119,760 346,184 501,200 #DIV/01 21.0% 1,298,981
GENERALFUND 4,375,968 7,933,428 7,846,620 7,846,620 704,948 4,344,641 446,411 59.1% 55.4% 3,501,979
GENERAL DEBT SERVICE FUND 1,086,333 5,080,493 1,370,311 1,370,311 107,597 1,072,591 43,928 79.2% 78.3% 297,721
WATER/SEWER FUND 1,240,131 6,038,341 4,991,835 4,991,835 344,361 1,395,649 589,602 28.2% 28.0% 3,596,186
STORMWATER UTILITY FUND 94,566 242,743 491,826 315,826 111,628 176,642 244,001 38.2% 35.9% 139,184
WATER IMPACT FUND 41,192 186,468 68,658 68,658 14,730 25,596 (96,382) 25.0% 37.3% 43,062
SEWER IMPACT FUND 11,201 58,300 28,315 28,315 4,071 4,203 (21,687) 22.4% 14.8% 24,111
WATER/SEWER FUND 1,387,069 6,525,853 5,580,634 5,404,634 474,790 1,602,090 715,534 28.5% 26.7% 3,802,543
EDC413 FUND 175,806 627,660 933,227 933,227 48,219 161,719 263,373 27.1% 19.5% 751,509
CAPITAL FUND 186,973 860,623 124,020 124,020 13,284 29,186 (725,514) 22.0% 23.5% 94,634
SPECIAL REVENUE FUND 13,958 300,088 151,223 151,223 1,800 92,889 (185,578) 4.1% 61.4% 58,334
TOTAL REVENUES $7,226,127 21,328,145 $ 16,006,035
EXPENDITURE SUMMARY BY FUND
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
EXPENDITURES YTD ACTUAL AROPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
GENERALFUND 2,362,234 5,895,262 6,489,307 6,489,307 543,249 2,399,711 308,000 38.2% 37.0% 4,089,596
CAPITAL REPLACEMENT FUND 67,504 109,462 673,316 673,316 12,014 113,910 562,641 61.0% 16.9% 559,406
COURT SECURITY FUND 550 2,606 1,152 1,152 - - (406) 35.3% 0.0% 1,152
COURT TECHNOLOGY FUND 5,066 3,096 5,555 5,555 - 8,295 (10,531) 31.5% 149.3% (2,740)
STREET IMPROVEMENT FUND 399,046 1,064,114 1,194,893 1,194,893 4,210 280,622 (583,391) 22.4% 23.5% 914,271
JUVENILE CASE MANAGER FUND 8,322 11,200 12,680 12,680 909 4,282 1,328 73.3% 33.8% 8,399
PARK REC/OTHER DONATION FUND - - 24,791 24,791 - 25,296 24,791 0.0% 102.0% (505)
TREE REFORESTATION FUND - - - - - - - 0.0% 0.0% -
UNCLAIMED PROPERTY FUND - - - - - - - 0.0% 0.0% -
GENERALFUND 2,842,723 7,085,740 8,401,694 8,401,694 560,382 2,632,116 302,432 35.1% 33.7% 5,569,578
GENERAL DEBT SERVICE FUND 1,008,686 5,079,006 1,365,627 1,365,627 762,685 1,054,662 1,760 74.0% 77.2% 310,945
WATER/SEWER FUND 1,862,052 4,421,886 4,829,775 4,527,925 601,261 1,488,842 248,373 40.6% 30.8% 3,039,083
STORMWATER UTILITY FUND 29,550 130,137 571,157 571,157 16,099 92,525 381,950 15.6% 16.2% 478,632
WATER IMPACT FUND - 171,200 154,415 154,415 - - (16,785) 0.0% 0.0% 154,415
SEWER IMPACT FUND - - 60,000 60,000 - - 60,000 0.0% 0.0% 60,000
WATER/SEWER FUND 1,891,601 4,723,224 5,615,347 5,313,497 617,360 1,581,367 673,536 36.3% 26.2% 3,732,129
EDC4B FUND 168,956 716,004 803,880 803,680 19,623 179,388 57,463 22.6% 22.3% 624,492
CAPITAL FUND 304,677 536,650 216,239 216,239 2,624 66,306 (664,005) 34.6% 39.9% 129,932
SPECIAL REVENUE FUND 17,973 254,518 151,222 140,005 38,653 79,820 (185,545) 5.3% 52.8% 60,185
"YOU'RE HERE.YOUR HOME."
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
FEBRUARY
EXPENDITURE SUMMARY BY DEPARTMENT
FY15-16 FY15-16 FY16-17 FYI 6-17 CURRENT FYI 6-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
GENERALFUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
CITY MANAGER 116,033 291,243 283,123 283,123 78,642 161,961 (10,455) 39.5% 57.2% 121,162
MAYOR/CITYCOUNCIL 27,046 94,108 140,157 140,157 9,448 43,449 51,481 30.5% 31.0% 96,708
CITY SECRETARY 42,228 136,655 160,328 160,328 18,799 55,538 13,166 28.7% 34.6% 104,791
MUNICIPAL COURT 31,573 121,408 121,230 121,230 8,621 42,481 (5,456) 24.9% 35.0% 78,749
HUMAN RESOURCES 46,227 119,141 122,616 122,616 10,844 52,608 (1,948) 37.1% 42.9% 70,009
FINANCE 172,217 312,129 296,688 296,688 62,524 132,316 (27,243) 53.2% 44.6% 164,372
POLICE 841,272 2,093,230 2,381,270 2,381,270 132,516 848,824 163,126 0.0% 35.6% 1,532,446
FIRE 647,116 1,692,949 1,826,031 1,826,031 128,825 617,557 107,917 37.7% 33.8% 1,208,474
COMMUNITY DEVELOP 137,594 409,154 332,442 332,442 25,914 109,348 (107,038) 31.3% 32.9% 223,094
SENIOR CITIZEN CENTI 18,279 48,148 54,612 54,612 1,842 16,613 535 33.8% 30.4% 37,998
LIBRARY 98,964 251,830 259,591 259,591 23,466 101,923 5,468 38.9% 39.3% 157,668
NONDEPARTMENTAL 183,684 325,268 511.21° 511,218 41,809 217,093 118,447 46.8% 42.5% 294,125
TOTAL EXPENDITURE:$2,362,234 $5,895,262 ,.489,3.1 $6,489,307 $ 543,249 $2,399,711 $ 308,000 38.2% 37.0% $ 4,089,596
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
WATER/SEWER FUND YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
UTILITY BILLING 407,137 1,210,463 1,704,198 1,704,198 99,372 280,021 360,423 30.3% 16.4% 1,424,177
WATER OPERATIONS 647,412 1,181,360 1,477,946 1,477,946 135,673 464,472 (242,336) 37.6% 31.4% 1,013,475
DEBT 450,087 170,941 511,309 511,309 308,222 461,034 5,837 89.0% 90.2% 50,274
CAPITAL - - 301,850 301,850 14,413 45,704 301,850 0.0% 15.1% 256,146
NONDEPARTMENTAL 357,415 1,859,122 834.472 834,472 57,994 283,314 (177,401) 35.3% 34.0% 551,157
TOTAL EXPENDITURE'.$1,862,052 $4,421,886 $4,829,775 $ 615,673 $1,534,546 $ 248,373 40.6% 31.8% $ 3,295,229
FY15-16 FY15-16 FY16-17 FY16-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
STREETIMPROVEMEN YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
STREETS 353,298 939,911 712,452 712,452 55,162 252,264 (925,831) 21.6% 35.4% 460,188
PARKS MAINTENANCE 45,748 124,202 116,409 116,409 4,210 28,358 (23,591) 32.7% 24.4% 88,051
CAPITAL `!66 r 366,032 1.940 281.561 366.032 0.0% 76.9% 84.471
TCf 1X ; ITURt@$ 399,046 $1,064,114 94,8:. $1,194,893 $ 61,312 $ 562,183 $(583,391) 22.4% 47.0% $ 632,710
FY15-16 FY15-16 FY16-17 FYI 6-17 CURRENT FY16-17 CY-PY %OF PY BUDGET %OF CY BUDGET BUDGET
EDC4BFUNDS YTD ACTUAL ADOPTED AMENDED MONTH YTD CHANGE EXPENSED EXPENSED REMAINING
ADMINISTRATION 60,521 335,951 270,167 270,167 11,847 69,865 93,701 18.2% 25.9% 200,302
DEBT SERVICE 89,623 318,692 323,419 323,419 4,627 87,152 3,526 28.0% 26.9% 236,267
TOWN SHOPPING CEN 18,813 44,622 120,295 120,295 3,349 22,372 69,811 37.3% 18.6% 97,923
TOWNCENTER REDEVI - - 90,000 90,000 - - - 0.0% 0.0% 90,000
TX LEVERAGE - 18,739 - - - (50,000) 0.0% 0.0% -
TOTAL EXPENDITURE:$ 168,956 $ 718,004 $ 803,880 $ 19,823 $ 179,388 't 117,038 23-4% 22.3% $ 624,492
"YOU'RE HERE.YOUR HOME."
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
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 01.2017. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT
The City Manager shall not cause or allow any organizational practice, activity, decision, or
circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and
professional ethics.
Operations are in compliance with the global constraint policy. The recent bond rating upgrade by S&P to
"AA-" from"A+"is reflective of the quality work in place.
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.
The city backs up files on a daily basis. In order to avoid more common hacking attempts,limitations have
been placed on what websites can be accessed.
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 staffpolicy. Kelly Cooper works well with staff to ensure polices are followed. Succession
planning is underway for public works and police.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICYTITLE: EMERGENCY CITY MANAGER SUCCESSION
In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not
permit there to be less than one other person familiar enough with Council and City Manager issues and
procedures to be able to maintain organization services.
A project list has been prepared to assist staff and council in the transition period. I will also be available to
answer questions following my departure. Kelly Cooper is the most informed of staffinembers. Rachel Roberts
and Dennis Brown are working closelywithmeonVillageCieek. The upcoming strategic plan will help in overall
coordination. Krystal Crump is providing excellent support insofar as city finances are concerned. Jack
Thompson (EDC&Chamber)is familiar with the business development activities.
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
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. Februa 2017 lKennedale Strategy feb 2017. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: INCIDENTAL ITEMS-A.
I. Subject:
Presentation of the 2016 Library Excellence Award from the Texas Municipal Library Directors
Association
II. Originated by:
III. Summary:
Libby Holtmann, Library Director of Plano Public Libraries will present Mayor Johnson and the Kennedale
Public Library with the 2016 Library Excellence Award from the Texas Municipal Library Directors
Association.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. ward Letter k016 Library Excellence Award Letter. df
P. 11-ibrary Award Press Release P01 7 02.10 Library Excellence Award. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
t as Municipal Library
ectors Association
January 17, 2017
Honorable Mayor Brian Johnson
City of Kennedale
405 Municipal Dr.
Kennedale, TX 76060
Dear Mayor Johnson,
Congratulations are in order to the Kennedale Public Library. You have been
awarded the 2016 Achievement of Library Excellence Award from the Texas
Municipal Library Directors Association.
Of the 548 public library systems in the State of Texas, only 43 received the 2016
award. The Kennedale Public Library has demonstrated excellence in all ten
areas required to qualify..
Please accept our sincere congratulations to a library that provides quality
services and programs for the continued education and personal enrichment of
its citizens.
Again, congratulations on this achievement.
Sincerely,
}
,a
Libby Holt a Piano Public Library System
Achievement of Library Excellence Award Committee
Texas Municipal Library Directors Association
An Affiliate Organization of the Texas Municipal League
PRESS RELEASE
Kennedale Receives Library Excellence Award
The Kennedale Public Library is honored to have received the 2016 Achievement of Library Excellence
Award from the Texas Municipal Library Directors Association. Only 43 of the 548 public libraries in Texas
earned this award,which recognizes libraries for their commitment to service and the enrichment of the
community they serve, demonstrated by:
SUMMER READING PROGRAM PROGRAMMING FOR ALL AGES
FOCUS ON UNDERSERVED POPULATIONS LITERACY SUPPORT
ENHANCED SERVICE OFFERINGS COLLABORATIVE EFFORTS
ROBUST MARKETING MATERIALS ONGOING STAFF TRAINING
POLICIES AND PROCEDURES LIBRARY WEB PRESENCE
In its ongoing efforts to reach all audiences, the Kennedale Library recently began offering Hoopla, an app
that allows cardholders to access more than 500,000 free CDs, movies, comic books,eBooks,TV shows, and
audiobooks—all from your phone or tablet. Each cardholder can check out five titles per month, and there's
an optional kid-safe filter.
"Our number one priority is to better patrons' lives through education and service," said Library Director
Amanda King. "We want the library to be a community hub that connects, educates, and empowers residents
of all ages, and I think we're achieving that."
Weekly programs include Crochet Club (Tuesdays at 6:00 p.m.), Babygarten (Tuesdays at 11:00 a.m.)
Storytime (Wednesdays at 10:30 a.m.), LEGO' Club (Fridays at 4:00 p.m.), and Family Movie Matinees
(Saturdays at 3:00 p.m.), Golden Reader's Book Club (first Fridays at 10:00 a.m. at the Senior Center).
Watch for"Sew Cute!" in May, and the Mayor's Summer Reading Club,which kicks off at June 3, 2017 at
2:00 p.m. in the Community Center.View all upcoming dates at www.cityofkennedale.com/cal.
In addition to programs,the Kennedale Public Library circulated 20,288 items during 13,307 visits in 2016,
and offered 129 programs to the community. More than 6,800 people currently have a Kennedale Public
Library card. If you're not one of them, please stop by the library at 316 W 3`d Street with a photo I.D. and a
second pre-printed proof of address (e.g., utility bill or lease). For more information, please call 817-985-2136
or visit www.kennedalelibrary.org.
1 DID YOU KNOW?
- The Kennedale Public Library partners with other local libraries to expand its offerings.Any Kennedale resident with a
Kennedale Public Library consortium card can also check out items from any Arlington or Mansfield library.Or,if you'd
L prefer,we can request materials from those libraries and hold it for you at the circulation desk.
.. Visit fiww.morelibrary.org/into/getting started for more information.
PRESS CONTACT
Leslie Galloway, City Secretary& Communications Coordinator
leallowayocityofkennedale.com 1 817-985-2104
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of minutes from February 27, 2017 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--Tc—ity Council Regular Meeting Minutes- February 27, 2017 -27-17. 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
February 27, 2017
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 5:31 p.m.
II. WORK SESSION
A. Presentation of the annual audit— Comprehensive Annual Financial Report (CAFR)
Finance Director Krystal Crump introduced Paula Lowe from Pattillo Brown and Hill. Paula Lowe
provided an overview of the report, noting that the independent auditor's report states Pattillo,
Brown and Hill performed the audit under all regulations and typical practices. She added that
the last page of table of contents shows a 10 year overview.
B. Discussion of items on regular agenda
No items were discussed at this time.
III. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 5:49 p.m.
A. The City Council will meet in closed session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, and duties of the City Manager.
1. Interview candidates for City Manager position
RECONVENED INTO OPEN SESSION AT 6:49 P.M.
No action was taken
B. 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 legal issues regarding litigation,
settlement offers, and/or claims regarding the following matters:
1. Keith Kidwill vs. The City of Kennedale, Texas
Mayor Johnson recessed into second executive session at 7:42 p.m.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
C. 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 (Kennedale Speedway Park)
3. 6820 Oak Crest West
IV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 7:58 p.m.
No action required.
V. REGULAR SESSION
Mayor Johnson opened the regular session at 7:00 p.m.
VI. ROLL CALL
Present: Frank Fernandez, Brian Johnson , Kelly Turner, Charles Overstreet, Michael Walker
Absent: Liz Carrington
VII. INVOCATION
Pastor Greg Adams from Covenant Life Baptist Church provided the invocation.
VIII. UNITED STATES PLEDGE AND TEXAS PLEDGE
IX. VISITOR/CITIZEN'S FORUM
Rockie Gilley, 220 South Dick Price Road stated that last September the City commissioned
a survey be conducted by UTA. The overall respondents found Kennedale to be a safe place to
live. Overall, they were unhappy with the quality of the water, the water and sewer rates, and said
the city could use some cleaning up. There were 300 respondents, which is probably 5% of all
adults. A question was asked, of the three services offered by Kennedale, which needs the most
improvement? He provided percentages to this question. In closing, he asked Council to review the
survey and listen to the citizens' concerns.
Jan Joplin, 204 Hilltop stated that she would like to respond to the reply given to her in the
December letter. The biggest question she had was what happened to the $800,000 that was said
to be used for sewer repairs. She added that this question was not answered. The Kennedale
News followed up with Mr. Hart, where he addressed the $800,000 as an estimate. She stated that
she is not going for that explanation and thinks this is a huge issue. We were told an amount of
$800,000 and it wasn't a true statement. She added that Bob Hart mentioned that she asked about
the SOBs; and she only wanted to make it clear that she was questioning the amount spent to
close them. She also wants to know what the expected cost and timeline will be to close the
racetracks and salvage yards,
Jack Thompson, 129 Sunny Meadows Drive, Burleson stated that he was here on behalf of the
Kennedale Chamber. He announced that the Chamber would be hosting a candidate forum in
April, and as soon as the venue and date are selected they will post the information on the
Chamber's Facebook page and website.
Page 2of5
X. REPORTS/ANNOUNCEMENTS
A. Updates from the City Council
Councilman Kelly Turner stated that he had attended the bimonthly REPAC and EPPC
meetings; noting that both of these are NCTCOG committees that meet regarding emergency
preparedness.
B. Updates from the Mayor
Mayor Brian Johnson stated that he and George Campbell attended the SETTP meeting. He
noted that Proposition 1 and Proposition 7 in transportation funding will not be increased, as
expected. This will once again push back the 20/820/287 interchange improvement project.
Brian also expressed well wishes to Krystal as she leaves Kennedale for a position at White
Settlement. And, on a sad note, he expressed condolences to Councilman Mike Walker, whose
mother passed away Saturday.
C. Updates from the Interim City Manager
Interim City Manager George Campbell stated that in the last 21 days, he has met a lot of
residents and heard a lot of great things. George also wished Krystal well. In closing, he stated
that he has a lot to learn about the city, and that staff have been incredibly positive and
supportive as he learns what's going on.
XI. MONITORING INFORMATION
A. Monthly Financials —January 2017
B. Executive Limitations
C. Ends Review— Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
XII. INCIDENTAL ITEMS
A. Discuss and approve the budget calendar for FY2017
Finance Director Krystal Crump provided an overview of the budget calendar for the fiscal year
2016-17. She highlighted the dates for the budget workshop, the planning session, and
the budget kickoff.
XIII. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of amended minutes from January 14, 2017 special meeting
B. Consider approval of minutes from January 23, 2017 regular meeting
C. Consider approval of minutes from February 11, 2017 special meeting
D. Consider approval of minutes from February 17, 2017 special meeting
Page 3of5
E. Consider acceptance of the Vineyards subdivision (Phases 1 and 2)
F. Review and accept an amended racial profiling data sheet
G. Consider approval of an interlocal agreement with Tarrant County for roadway striping
Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved
By Kelly Turner, Seconded By Charles Overstreet.
Motion passed Unanimously
XIV. DECISION ITEMS
A. CASE # PZ 17-04 to hold a public hearing and consider approval of Ordinance 622
regarding an amendment to the Unified Development Code (UDC), as adopted by Ordinance
605, to amend Article 10 General Provisions for All Districts Section 10.17 "Walls and Fences"
and Article 13 Landscaping, Screening, and Lighting Sections 13.6 "Buffering" and 13.8
"Screening."
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
City Planner Rachel Roberts provided the staff presentation stating that last month Council
approved updates to the screening regulations; at that time Council members and Planning and
Zoning requested specific updates to the screening regulations when you have topographical
changes. The purposed changes would require the use of a berm or retaining wall when
needed.
Public Hearing:
Mayor Johnson opened the public hearing; there was no one present requesting to speak.
Mayor Johnson closed the public hearing.
There was no further discussion.
Motion To approve Ordinance 622 amending the Unified Development Code. Action Approve,
Moved By Frank Fernandez, Seconded By Kelly Turner.
Motion passed Unanimously
B. Discuss and consider approval of independent auditor's report (Comprehensive Annual
Financial Report (CAFR)) for the fiscal year ended September 30, 2016
Paula Lowe with Pattillo Brown and Hill provide the presentation of the Comprehensive Annual
Financial Report (CAFR) for fiscal year end, September 30, 2016. She informed the Council that
they have an unmodified opinion on these financial statements, and that is the highest opinion
that can be written. There were no items to bring to Council's attention.
Councilman Mike Walker stated that there have been some feelings in the community that
Patillo, Brown and Hill are in some way connected to our past city manager. He questioned if
Page 4of5
she was aware of any kind of connection? Ms. Lowe replied no. Mayor Johnson asked how
many cities they provide auditing services for. She replied 50 to 60 other cities.
Councilman Kelly Turner requested a 5th grade explanation of what the CAFR is? Ms.
Lowe stated that their responsibility as auditors is to come in and look at the numbers
and supporting documentation and to be able to say that the financial statements aren't
misleading to the users. She continued, stating that as part of that process, there are standards
that must be met, and normally they work in-house on the audit for 3-4 weeks. Councilman
Frank Fernandez questioned how long the firm has been in business? She replied, since 1923.
Frank asked if they have ever been asked to do a forensic audit. Paula stated yes, but it is not
typical. Mayor Johnson stated that the city does follow standard accounting practices and
internal controls. Paula stated that this was correct.
Motion To approve the 2016 Comprehensive Annual Financial Report. Action Approve, Moved
By Charles Overstreet, Seconded By Frank Fernandez.
Motion passed Unanimously
APPROVED: ATTEST:
Brian Johnson, Mayor Leslie Galloway, City Secretary
Page 5of5
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of a city-developer agreement for the Hilltop Addition
II. Originated by:
III. Summary:
As part of approving final plats, city code requires approval of a city-developer agreement. This agenda
item is to consider approval of the agreement between the City of Kennedale and the developer of the
Hilltop Addition (MKP Development).
The agreement describes the respective responsibilities assigned to the City and the developer in terms
of infrastructure and facilities to be provided. The agreement uses the City's standard language for city-
developer agreements and addresses topics such as who is responsible for the costs of installing water
and sewer lines and street lights and the bonds we require a developer to have.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1 Hillto Cit -Devlo er Agreement lHiltop CDA. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE
DEVELOPER'S AGREEMENT
FOR THE
i
HILLTOP ADDITION 3
STATE OF TEXAS §
COUNTY OF TARRANT § �!
THIS AGREEMENT is entered into on the day of 2017,
between the City of Kennedale, Texas, hereinafter referred to as the "CITY", and
MKP Development, whose address is 1375 Gilman Rd, Fort Worth, Texas,
hereinafter referred to as the "DEVELOPER."
WHEREAS the DEVELOPER has requested the CITY to permit the platting �
and/or development of a tract of land known as Hilltop Addition (the "Addition"); and
WHEREAS, the CITY has approved such platting and/or development which
requires the construction of community facilities and improvements to serve the
Addition as provided herein; and
WHEREAS, this Agreement shall operate as a covenant running with the land
and shall be binding upon the DEVELOPER and its successors, heirs, assigns,
grantees, trustees and representatives; and
WHEREAS, the DEVELOPER has agreed to create a homeowner's
association for the Addition which shall be considered to be a successor and assign
of the DEVELOPER for purposes of carrying out future obligations of the
DEVELOPER pursuant to this Agreement.
NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the
mutual covenants and agreements contained herein, do mutually agree as follows:
g
Page 1
'I
A. ZONING, PLATTING and ADDITION PLANNING
All property owned by the DEVELOPER and located within the limits of the Addition
shall be zoned and platted in accordance with the Zoning Ordinance and the
Subdivision Ordinance of the CITY before any Building Permit will be issued. The
DEVELOPER shall dedicate, at no cost to the CITY, all easements and other
dedications as required by CITY regulations at the time of platting.
The DEVELOPER shall comply with all requirements in this Agreement as a
condition of approval of the Addition.
B. PUBLIC IMPROVEMENTS
II
All public and private infrastructure improvements, including streets, utilities,
drainage, sidewalks, street lighting, street signage, and all other required
improvements, shall be provided by the DEVELOPER, at no cost to the CITY, in
accordance with the Subdivision Ordinance and other Regulations of the CITY, and
as approved by the City Engineer or his agent. Such improvements shall be
installed within all applicable time frames in accordance with the Subdivision
Ordinance of the CITY and this Agreement.
The DEVELOPER shall employ a civil engineer licensed to practice under Chapter
1001 of the Texas Occupations Code for the design and preparation of plans and
specifications for the construction of the public improvements. The DEVELOPER
shall assume all responsibility for the adequacy and accuracy of the design, plans
and specifications. Engineering studies, plan/profile sheets, and other construction
documents (hereinafter referred to as the "Construction Plans") prepared by the
licensed engineer shall be provided by the DEVELOPER at the time of platting.
Such documents shall be approved by the City Engineer or his agent prior to
approval and filing of a Final Plat/Replat. Construction of such improvements shall
not be initiated until a Pre-Construction Conference has been conducted regarding
the proposed construction.
In accordance with the subdivision regulations and the Unified Development Code of
the CITY, construction of all public improvements shall be subject to routine review
by the City Engineer or his agent to evaluate conformance with the construction
plans, project specifications and CITY standards. However, such review and
evaluation shall not relieve the DEVELOPER, his engineer and/or agent of
responsibility for the design, construction and maintenance of the improvements as
set out in this Agreement and relevant ordinances of the CITY.
Page 2
Upon completion of construction of public improvements as required by this
Agreement, the Unified Development Code, and any other applicable development
regulations, the DEVELOPER shall deliver to the CITY the following As-Built
construction plans for the public improvements constructed or engineered by the
DEVELOPER:
1. One FULL set in AutoCAD 14 (or the City's most recent version);
2. One FULL MYLAR set;
3. One FULL Blue-Line set;
4. One FULL PDF Set;
5. One Blue-Line copy of the executed ("filed") Final Plat sheet;
6. One 11" X 17" copy of the Final Plat Sheet;
7. Two (2) Blue-Line copies of the Water and Sanitary Sewer Layout
sheet at a scale of 1:200; and
8. One Blue-Line copy of the Storm Drain Layout sheet at a scale of 1:200.
9. Shapefiles (GIS) providing the location of water and sanitary sewer
layout and storm drain layout. The shapefiles shall be provided in the
Texas NAD83 State Plane coordinate system for North Central Texas.
No building permits will be issued for the Addition until all public improvements have
been installed and inspected and a Letter of Acceptance has been issued by the
City.
C. CONSTRUCTION BONDS
Prior to initiating any construction for the Addition, the construction contractor(s) for
the DEVELOPER shall provide the CITY with one original and one quality copy of
the following construction bonds:
1. PERFORMANCE BOND
A good and sufficient Performance Bond in an amount equal to one
hundred percent (100%) of the total contract price of the contract
between the DEVELOPER and the Prime Contractor for the
construction of public improvements (and any private improvements
constructed in lieu thereof), guaranteeing the full and faithful execution
of the work and performance of this contract and for the protection of
the CITY against any improper execution of the work or the use of
inferior materials. The Performance Bond shall guarantee completion
of the improvements within one year of execution of this Agreement.
Page 3
2. PAYMENT BOND
A good and sufficient Payment Bond in an amount equal to one
hundred percent (100°/x) of the total contract price of the contract
between the DEVELOPER and the Prime Contractor for the
construction of public improvements (and any private improvements
constructed in lieu thereof), guaranteeing payment for all labor,
materials and equipment used in the construction of the improvements.
I
3. MAINTENANCE BOND
A good and sufficient Maintenance Bond in an amount equal to one
hundred percent (100%) of the total cost of the public improvements
(and any private improvements constructed in lieu thereof),
guaranteeing the maintenance in good condition of the facilities for a
period of two (2) years from and after the date that a Letter of
Acceptance is issued by the CITY indicating that the public
improvements have been completed by the DEVELOPER and
accepted by the CITY.
Each of the above bonds shall be in a form acceptable to the CITY. Any surety
company through which a bond is written shall be duly authorized to do business in
the State of Texas, provided that the CITY, through its Mayor, shall retain the right to
reject any surety company for any work under this Agreement regardless of such
company's authorization to do business in the State of Texas. Approval by the City
shall not be unreasonably withheld or delayed.
D. STREETS
1. In conjunction with the platting and development of the Addition, all
required on-site and off-site street improvements shall be constructed
by the DEVELOPER in accordance with the plans and specifications
prepared by the Developer's engineer and accepted by the CITY prior
to the issuance of any Building Permit. Streets shall be constructed of
portland cement and the DEVELOPER shall install curb and gutter in
accordance with CITY standards or with the standards published in the
North Central Texas Council of Government's Public Works
Construction Standards, whichever is stricter. The CITY shall assume
maintenance responsibilities of any public street improvements
installed by the DEVELOPER once the two-year maintenance bond is
released. The DEVELOPER shall be responsible for maintenance of all
private drives or access ways.
Page 4
2. Street lighting shall be installed by TXU Delivery Company or its agent
("TXU") in accordance with a street lighting layout plan provided by
TXU and approved by the City Engineer or his agent. The
DEVELOPER shall be responsible for the installation costs of any
required street lighting as provided herein.
E. SIDEWALKS
Sidewalks are required to be installed by the Home Builder before a final inspection
shall be approved in accordance with the CITY's Unified Development Code or
Public Works Design Manual.
F. UTILITIES
1. WATER
All required on-site and off-site water mains, valves, fire hydrants and
other improvements shall be constructed by the DEVELOPER in
accordance with the plans and specifications prepared by the
DEVELOPER's engineer and accepted by the CITY prior to the
issuance of any building permit. The CITY shall assume maintenance
responsibilities of the water system once the two-year maintenance
bond is released.
2. SANITARY SEWER
All required on-site and off-site sanitary sewer mains, manholes and
other improvements shall be constructed by the DEVELOPER in
accordance with the plans and specifications prepared by the
DEVELOPER's engineer and accepted by the CITY prior to the
issuance of any building permit. The CITY shall assume maintenance
responsibilities of the sewer system once the two-year maintenance
bond is released.
3. DRAINAGE
All required on-site and off-site drainage improvements shall be
constructed by the DEVELOPER in accordance with the plans and
specifications prepared by the DEVELOPER's engineer and accepted
by the CITY prior to the issuance of any building permit. The
DEVELOPER agrees to comply with all applicable EPA, TCEQ and
other Federal, State and local requirements relating to the planning,
permitting and management of storm water. The DEVELOPER agrees
Page 5
to construct the necessary drainage facilities within the Addition.
These facilities shall be designed and constructed in accordance with
the CITY's Subdivision Ordinance and the Construction Plans. The
DEVELOPER agrees to comply with all provisions of the Texas Water
Code. The City shall assume maintenance responsibilities of the
drainage facilities once the two-year maintenance bond is released,
with the exception of the detention facilities, which will be maintained
by the DEVELOPER.
G. PUBLIC FACILITIES TO BE PROVIDED BY THE CITY
1. The CITY makes no guarantee that water supply or wastewater
treatment capacity will be available at any particular time or place, it
being fully understood by both parties hereto that the ability of the CITY
to supply water and wastewater services is subject to the CITY's water
and wastewater system capacity. The CITY shall be the sole judge of
the availability of such capacity to supply such water and/or wastewater
services, provided, however, that the CITY will use its best efforts to
insure that said water supply and wastewater treatment capacity is
available.
2. The CITY notes to the Developer that along the South side of the
Addition, a 12-inch diameter water main exists for connection.
3. The CITY notes to the Developer that along the South side of the
Addition, a 6-inch diameter sanitary sewer main exists for connection.
A sanitary sewer manhole is required for 6-inch and larger connections.
4. The DEVELOPER agrees to pay for all costs associated with
connecting or looping to the existing water system on Corry A Edwards
Drive as indicated on the approved plans.
H. FEES TO BE PAID BY THE DEVELOPER
1. PLAT FEES
The DEVELOPER has paid the CITY for all plat fees. The replat and
final plat was approved by the CITY on March 20, 2017.
2. CONSTRUCTION INSPECTION FEES
The DEVELOPER hereby agrees to pay the CITY construction
Page 6
i
i
inspection fees equal to four percent (4%) of the construction costs of
water and sanitary sewer infrastructure improvements and four percent
(4%) of the construction costs of street and drainage improvements for
the Addition. Payment is due prior to initiating construction of these
infrastructure improvements.
3. STREET NAME SIGNS and TRAFFIC CONTROL DEVICE SIGNAGE
The DEVELOPER is responsible for material costs, installation costs
and maintenance costs of all street name signs, traffic control devices
and school zone signs, including flashing light school zone signs as
required by the City Engineer. All street name signs and traffic control
device signs shall meet the current CITY standards or and comply with
the requirements of the Texas Manual on Uniform Traffic Control
Devices at the time of installation. Installation must be completed prior
to CITY acceptance of the Addition's infrastructure improvements.
Traffic Control or regulatory signs shall be installed by the
DEVELOPER where required.
4. IMPACT FEES
It is understood and agreed that impact fees will be assessed by the
CITY at the time of final platting of the Addition, including the applicable
sanitary sewer and water impact fees assessed by both the CITY and
the City of Fort Worth. These fees must be paid prior to obtaining
building permits for lots in the Addition.
6. PARK FEES
Required park fees (in lieu of dedication of park land) shall be paid by
the DEVELOPER before construction of the public improvements. The
park fee for the Addition is calculated as follows: $1200.00 per lot.
$1200 X 33 lots = $39,600.00.
6. PUBLIC UTILITIES
The DEVELOPER agrees to pay the public utility companies (Charter
Communications Cable Company, SBC Telephone Company, TXU
Energy Company, TXU Gas Company and TXU Delivery Company) for
their required costs of main installations, for street lighting, etc. for the
Addition.
I. GENERAL CONDITIONS
1. LAW COMPLIANCE
Page 7
The DEVELOPER agrees to comply with all federal, state and local
laws that are applicable to development of the Addition.
2. EROSION CONTROL
During construction of the Addition and after the streets have been
installed, the DEVELOPER agrees to keep the streets free from soil
build-up. The DEVELOPER agrees to use soil control measures such
as silt screening, hydromulch, etc., to prevent soil erosion. It will be the
DEVELOPER'S responsibility to present to the City Engineer a soil
control development plan that will be implemented for the Addition.
When, in the opinion of the City Engineer or his agent, there is
sufficient soil build-up on the streets or other drainage areas and
notification has been given to the DEVELOPER, the DEVELOPER will
have twenty-four (24) hours to clear the soil from the streets or affected
areas. If the DEVELOPER does not remove the soil from the streets
within the twenty-four (24) hours, the CITY may cause the soil to be
removed either by contract or CITY forces and place the soil within the
Addition at the DEVELOPER'S expense. All expenses incurred by the
CITY in doing so must be paid to the CITY prior to acceptance of the
Addition.
3. PRIVATE AMENITIES
It is understood that the Addition may incorporate a number of unique
amenities and aesthetic improvements such as ponds, aesthetic lakes,
unique landscaping, fences and walls, street furniture, etc. and may
incorporate specialty signage and accessory facilities. The
DEVELOPER agrees to accept responsibility for the construction and
maintenance of all such aesthetic or specialty items. The CITY shall
not be responsible for the maintenance or replacement of these items
under any circumstances.
4. AMENITIES WITHIN PUBLIC RIGHT-OF-WAY
Only those amenities or specialty items listed in this section may be
constructed within the public right-of-way. The CITY shall not be
responsible for the replacement of these items under any
circumstances. The DEVELOPER agrees to accept responsibility for
the installation and maintenance of all landscaping and irrigation, as
specified on the approved Construction Plans, within any open spaces
or other public right-of-way within the Addition and agrees to indemnify
and hold harmless the CITY from any and all damage, loss or liability of
any kind whatsoever by reason of injury to property or third persons
Page 8
occasioned by the location of these amenities within the public right-of-
way, and the DEVELOPER shall defend and protect the CITY against
all such claims and demands. The DEVELOPER shall replace any
plants, trees, or grass that die with the same type of plant, tree, or
grass that is the same size and in the same stage of growth as the
landscaping that died.
5. VENUE
Venue for any action brought hereunder shall be in Tarrant County,
Texas.
6. ASSIGNMENT
This Agreement or any part hereof or any interest herein shall not be
assigned by the DEVELOPER without the express written consent of
the Mayor, which consent shall not be unreasonably withheld.
7. HOMEOWNERS' ASSOCIATION
DEVELOPER shall create a Homeowners' Association for the purpose
of assuming the responsibility for continuing maintenance of facilities
and infrastructure that are the responsibility of DEVELOPER. The
provisions for the creation and operation of the Homeowners'
Association shall be a covenant running with the land and shall provide
for adequate funding of the Homeowners' Association for purposes of
carrying out the obligations of this Agreement. The provisions for the
creation and operation of the Homeowners' Association shall be
subject to approval by the CITY.
J. FINAL ACCEPTANCE OF SUBDIVISION INFRASTRUCTURE
The CITY will not issue a Letter of Acceptance until the Addition's public
improvements are completely constructed (Final Completion) to the satisfaction of
the City Engineer or his agent. However, upon Substantial Completion, a "punch
list" of outstanding items shall be presented to the DEVELOPER'S contractor(s)
indicating those outstanding items and their deficiencies that need to be addressed
for Final Completion of the Addition.
The DEVELOPER agrees to deliver to the CITY clear and unencumbered title to all
public improvements. Upon issuance of a Letter of Acceptance, title to all public
improvements mentioned herein shall be vested in the CITY and the DEVELOPER
hereby relinquishes any right, title or interest in and to such improvements or any
part thereof. It is understood and agreed that the CITY shall have no liability or
Page 9
responsibility in connection with such public improvements until the Letter of
Acceptance is issued.
K. NON-WAIVER
The DEVELOPER expressly acknowledges that by entering into this Agreement, the
DEVELOPER shall never construe this Agreement as waiving any of the
requirements of the Zoning Ordinance or Subdivision Ordinance or any other
ordinance of the CITY.
L. HOLD HARMLESS AGREEMENT
THE DEVELOPER SPECIFICALLY ACKOWLEDGES AND AGREES THAT
APPROVAL BY THE CITY ENGINEER OR OTHER CITY EMPLOYEE OF THE
CONSTRUCTION PLANS OR ANY OTHER PLANS, DESIGNS OR
SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS
AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE
OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, HIS
ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND
COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL
SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY
AND LIABILITY BY THE CITY FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE DEVELOPER'S ENGINEER, HIS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING THE INTENT OF
THE PARTIES THAT APPROVAL BY THE CITY ENGINEER SIGNIFIES THE
CITY'S APPROVAL ON ONLY THE GENERAL DESIGN CONCEPT OF THE
IMPROVEMENTS TO BE CONSTRUCTED. IN THIS CONNECTION, THE
DEVELOPER SHALL, FOR A PERIOD OF TWO (2) YEARS AFTER THE
ACCEPTANCE BY THE CITY OF THE COMPLETED CONSTRUCTION OF
INFRASTRUCTURE FOR THE ADDITION, INDEMNIFY AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS
WHICH MAY ARISE OUT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF
THE DEVELOPER'S ENGINEER'S DESIGNS AND SPECIFICATIONS
INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN
ACCORDANCE THEREWITH, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES, AND THE DEVELOPER SHALL DEFEND AT HIS
OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST
THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES OR ANY OF
- -Page 10
THEM, ON ACCOUNT THEREOF, AND SHALL PAY ALL EXPENSES
(INCLUDING WITHOUT LIMITATION REASONABLE FEES AND EXPENSES OF
ATTORNEYS) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY
OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION
THEREWITH.
THE DEVELOPER DOES HEREBY FULLY RELEASE AND AGREE TO,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM ALL CLAIMS, SUITS,
JUDGMENTS, AND DEMANDS OF ANY NATURE WHATSOEVER, FOR
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,
RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT
OR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND
FACILITIES IN THE ADDITION OR THE FAILURE TO SAFEGUARD THE
CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE
DEVELOPER RELATED THERETO, WHICH ACCRUE PRIOR TO ACCEPTANCE
OF THE IMPROVEMENTS BY THE CITY, WHETHER OR NOT CAUSED, IN
WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS,
AGENTS OR EMPLOYEES.
M. AMENDMENTS
This Agreement may be changed or modified only with the written consent of both
the DEVELOPER and the City Council of the CITY.
N. ASSESSMENT
In the event the DEVELOPER fails to comply with any of the provisions of this
Agreement, the CITY shall be authorized to cease issuance of any further
Certificates of Occupancy or building permits on property owned by the
DEVELOPER, and the CITY shall be further authorized to file this Agreement in the
Mechanic's Lien/Deed Records of Tarrant County as a mechanic's lien against the
DEVELOPER'S property; and in the alternative, the CITY shall be authorized to levy
an assessment against the DEVELOPER'S property for public improvements in
accordance with applicable state law.
O, CONTINUITY
This Agreement shall be a covenant running with the land and shall be binding upon
the DEVELOPER, its successors, heirs, assigns, grantees, trustees and
representatives. The use of the term DEVELOPER in this Agreement shall include
Page 11
the DEVELOPER'S successors, heirs, assigns, grantees, trustees and
representatives.
P. SEVERABILITY
The provisions of this Agreement are severable and, in the event any word, phrase, l
sentence, paragraph, section or other provision of this Agreement, or the application
thereof to any person or circumstance, shall ever be determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the
remainder of this Agreement shall remain in full force and effect and the application
thereof to any other person or circumstance shall not be affected thereby. The
invalid, illegal or unenforceable provision shall be rewritten by the parties to this
Agreement to accomplish the parties' original intent as nearly as possible.
Q. TERMINATION AND RELEASE
Upon the satisfactory completion by the DEVELOPER and final acceptance by the
CITY of all requirements of this Agreement, this Agreement shall terminate and if
this Agreement has been filed in the county records, the CITY will execute a release
of covenant to the DEVELOPER and the CITY shall file said release in the county
records.
In Witness whereof, each of the parties hereto has caused this Agreement to
be executed by its undersigned duly authorized representative as of the date herein
above first mentioned.
DEVE � R M D V opment
By
Adlai P tn ningt n Oate
CITY OF KENNEDALE
By:
Brian Johnson, Mayor Date
ATTEST:
Page 12
By.
Leslie Galloway, City Secretary
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on
this day personally appeared known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me
that he is the President of and that he executed the
same on behalf of for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 2017.
Notary Public in and for the State of Texas
Type or Print Notary's Name
My Commission Expires:
Page 13
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C.
I. Subject:
Consider approval of a contract extension for Interim City Manager
II. Originated by:
III. Summary:
On February 2, 2017, Council approved a Professional Consulting Services Agreement with George
Campbell to provide professional city management consultant services through March 31, 2017. The
attached amendment provides for extended services until such time the agreement is terminated by either
party.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Nreement ended Professional Consulting Services Kennedale Consulting Agreement Extension -
IGC.pdf
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
FIRST AMENDED PROFESSIONAL CONSULTING SERVICES AGREEMENT
This First Amended Professional Consulting Services Agreement is made and
entered into as of the 20th day of March, 2017, by and between the City of Kennedale, a
Texas Municipal Corporation, located at 405 Municipal Dr. Kennedale, Texas ("City") and
George Campbell,("Campbell") (collectively,the "parties").
WHEREAS, the parties executed a Professional Consulting Services Agreement on
February 2, 2017 ("Agreement") in which Campbell agreed to provide consulting services for
the City for aperiod of two months.
WHEREAS, parties now wish to modify the term and compensation provided in the
Agreement;
NOW, THEREFORE, in consideration of the promises and mutual undertakings
herein contained,the parties agree as follows:
I.
The Agreement is hereby amended to amend Paragraphs A. and B. to read as follows:
A. Term of Ens4agement. The City hereby engages Campbell's professional city management
consultant services until such time as this Agreement is terminated by either party
("Consultancy Term"). The Consultancy Term may be terminated by either party through
written notice to the other party provided not less than fourteen days in advance of the desired
termination date.
B. Compensation. The City agrees to pay to Campbell for professional city management
consultant services during the Consultancy Term, at a monthly rate of Twelve Thousand,
Five Hundred Dollars ($12,500) ("Consultancy Compensation"). Payment shall be made in
monthly installments payable on or before the last day of each month following receipt of an
invoice from Campbell for management consulting services. In the event of termination,
the Consultancy Compensation shall be pro-rated to the termination date. Campbell agrees to
work the number of hours necessary to perform the Services provided herein. Campbell
acknowledges and agrees that he is an independent contractor under the terms of this
Agreement, and the City will not deduct or withhold any applicable federal, state or local tax
or employment withholdings or deductions resulting from this consultancy compensation.
II.
All other terms and conditions of the Agreement shall remain unchanged,
{INTENTIONALLY LEFT BLANK}
I HAVE READ THIS FIRST AMENDED PROFESSIONAL CONSULTING
SERVICES AGREEMENT AND I UNDERSTAND ALL OF ITS TERMS. I ENTER
INTO AND SIGN THIS AGREEMENT KNOWINGLY AND VOLUNTARILY,
WITH FULL KNOWLEDGE OF WHAT IT MEANS.
IN WITNESS WHEREOF, the City of Kennedale, Texas has caused this Agreement to
be executed by its duly authorized Mayor, and Campbell has executed this Agreement to be
effective the 1st day of April, 2017 (the "Effective Date").
CITY OF KENNEDALE, TEXAS
BY:
BRIAN JOHNSON,MAYOR
ATTEST:
LESLIE GALLOWAY, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
WAYNE OLSON, CITY ATTORNEY
BY:
GEORGE C. CAMPBELL
STATE OF TEXAS §
COUNTY OF TARRANT §
On the day of March, 2017,before me, the undersigned, personally appeared
,personally known or proved to me to be the individual whose name is
subscribed to the above instrument and he/she acknowledged to me that he/she executed the
same in his/her capacity, and that by his/her signature on the instrument, the individual executed
this instrument.
Notary Public, State of Texas
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE PLANNING & ZONING COMMISSION
Date: March 20, 2017
Agenda Item No: REGULAR ITEMS (A)
I. SUBJECT
CASE # PZ 17-03 to hold a public hearing and consider a request by Adlai
Pennington for a replat and final plat of approximately 8.3 acres at 501 Corry
A Edwards Dr and 260 3rd Street, legal description of Hilltop Addition Lots 1-
15 and Jacob Pricket Survey A-1225, to create Hilltop Addition Lots 1-16 Block
A and Lots 1-17 Block B, and two common area lots.
II. SUMMARY
This staff report describes the current status of the property—including a brief history of
recent zoning and platting activities—the requirements for approval, and the staff
recommendation.
By state law, plats that comply with the city's comprehensive land use plan and with all
applicable development regulations must be approved. Staff's assessment, provided
below, is that the plat meets all requirements for approval. However, state law still
requires a public hearing.
The Planning & Zoning Commission recommendation is provided at the end of the
report. As you will see, the Commission voted to recommend approval.
•
Request Replat and final plat
Applicant Adlai Pennington
Location Corry A Edwards Dr/ 3rd St
Surrounding Uses Single family residential, commercial, civic/government
(across the street)
Surrounding Zoning Old Town sub-districts 2, 3, and 4
Future Land Use Plan Designation Downtown Village
Staff Recommendation Approve (as required by state law)
Planning & Zoning Commission Recommendation Approve
CURRENT STATUS OF •
The majority of this property was originally platted in the 1950s as a 15-lot subdivision. The replat, if
approved, would eliminate the original 15-lot layout with a cul-de-sac and create 33 residential lots
and two common-area lots (one is a drainage easement lot) with a through-street. The Commission
considered a replat for this property in 2013, but the case was withdrawn by the applicant in order to
resolve some engineering issues. At that time, the proposed plat retained the original plat's cul-de-sac
street with only one entrance, located off 3rd St, and required a variance. The plat now includes one
additional parcel of land that will provide a connection to Corry A Edwards Dr. With the addition of
this parcel and the resulting through-street, no variance is needed.
The property is zoned as a combination of planned development district (approved in 2013) and Old
Town sub-district 2 (approved in June 2016). The minimum lot width and depth required in the OT-2
district is the same as what was required under the previous zoning. The planned development district
has the same lot width requirement but a larger lot depth requirement.
Standard/Regulation Current zoning—PD Current zoning—OT-2 Previous—Old Town
Lot Width 50' 50' 50'
Lot Depth 110' 80' 80'
Minimum Lot Area 5,500 scl ft 5,000 scl ft 5,000 scl ft
Minimum building size 1,350 scl ft 1,500 scl ft 1,000 scl ft
(livable area)
Front Setback 15' 10' 20'
Side Setback, interior 5' 5' 5'
Side Setback, corner 15' (adjacent to r-o-w) 5' 5'
Rear Setback 5' 15' 15'
SURROUNDING PROPERTIES • • •
Surrounding land uses are primarily single family residential, although there are some adjacent
commercial uses. There are also a small number of duplex residential uses nearby. Zoning on
surrounding properties is Old Town (sub-districts 2, 3, and 4).
STAFF REVIEW
COMPREHENSIVE LAND USE PLAN
The property is designated as Downtown Village in the Future Land Use Plan.
The plat complies with the zoning district requirements, which were created in recent years specifically
to allow implementation of the Downtown Village character district.
SUMMARY
The plat complies with the comprehensive land use plan.
CITY DEVELOPMENT REQUIREMENTS
Replats and final plats must submit utility/ engineering drawings and drainage plans meeting city development
requirements.
City staff and the city's engineers reviewed the construction plans for compliance with the city's
regulations for subdivisions. The plat drawing was also checked for compliance with the city's
technical requirements for plats. The plans are now sufficient for plat approval.
PLANNING REQUIREMENTS
TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The plat drawing meets the technical
requirements for plat drawings. It also meets the requirements of the Hilltop planned development
district and the Old Town sub-district 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.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the plat.
PLANNING & ZONING • • • •
The Planning & Zoning Commission considered this case during its meeting on March 16. The
Commission held a public hearing, during which a few residents spoke against the replat. Their
concerns included drainage and housing values. The Commission discussed the drainage plans at
length with input from the city's engineer. The chairman noted the work being done to address the
drainage issues, as well how this replat alleviates other problems stemming from the original 1950s
plat, such as traffic concerns from having only one entrance and the cul-de-sac that did not meet
current codes. After determining the plat met city requirements, the Commission voted to recommend
approval.
ACTION •
Approval: Based on the information presented, I find that the plat meets city requirements for plats
and make a motion to approve Case PZ 17-03.
Approval with Conditions: Based on the information presented, I find that the request meets city
requirements with the exception of [state what doesn't meet the requirements] and make a motion to
approve Case PZ 17-03 with the following conditions [list conditions].
Deny: Based on the information presented, I find that the proposed plat does not meet
[list standards or requirements not met] and make a motion to deny Case PZ 17-03.
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: March 20, 2017
Agenda Item No: EXECUTIVE SESSION -A.
I. Subject:
A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government
Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney
under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act,
including discussion of any item posted on the agenda and legal issues regarding amortization of
nonconforming uses and proposed annexation.
1. Final Payment for Booster Pump Project
B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government
Code to deliberate the purchase, exchange, lease, or value of real property for the following:
1. 108 New Hope Road
2. 6727 Hudson Village Creek(Kennedale Speedway Park)
3. 6820 Oak Crest West
II. Originated by:
III. Summary:
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