2017_05.15 CC Packet KENNEDALE
You're Here,Your Home
www.cityofkennedale.com
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
May 15, 2017
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 6:30 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. Discuss the proposed 2017 rate adjustment for residential and commercial solid waste collection,
transport, disposal, and recycling services provided by Waste Connections
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 the City Council
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
B. Updates from the Mayor
C. Updates from the City Manager
IX. MONITORING INFORMATION
A. Monthly Financials—April 2017
B. Executive Limitations
C. Ends Review— Balanced Scorecard
X. INCIDENTAL ITEMS
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 April 17, 2017 regular meeting
B. Consider approval of an Interlocal Agreement with Tarrant County for the reconstruction of
approximately 430 feet of pavement at Everman-Kennedale-Burleson Road
C. Case# PZ 17-06 to consider approval of a request by Guindolen Anderson for a final plat of the
Anderson Addition for approximately 4.991 acres, as described in a deed to Joe Anderson, recorded
in Volume 14436, Page 7, DRTC, located at the corner of Jonah and Susan Roads. The plat will
create six R-3 single family residential lots.
D. Consider approval of Ordinance 628 approving the negotiated rate settlement, resolving the 2017
Rate Review Mechanism (RRM) filing by Atmos Energy Corp., and implementing the rate change
E. Consider adopting Resolution 508, amending authorized representatives of TEXPOOL local
government investment pool
F. Consider adopting Resolution 509, amending authorized representatives for the Texas Short-
Term Asset Reserve Program (TexSTAR) local government investment pool
G. Consider adopting Resolution 510, amending authorized representatives for the
TexasTERM/TexasDAILY local government investment pool
H. Consider adopting Resolution 511 for a grant application to the Justice Assistance Grant (JAG)
Program for a mobile radar trailer
XII. DECISION ITEMS
A. CASE # PZ 17-05 to hold a public hearing and consider recommendation for approval of
Ordinances 623 and 627, regarding amendments to Kennedale City Code, Chapter 10: Health and
Human Services, Articles I and II; and to the Unified Development Code (UDC), by amending Article
3 (Agricultural and Residential Districts), Article 4 (Old Town Districts), Article 5 (Village Districts),
Article 6 (Commercial and Industrial Districts), Article 7 (Employment Center Districts), Article 11
(Specific Use Requirements), and Article 32 (General Definitions) in order to establish regulations
for mobile food vendors, including permitted locations.
1. Staff Presentation
2. Public Hearing
3. Staff Response and Summary
4. Action by City Council
B. CASE # PZ 17-07 to hold a public hearing and consider a recommendation concerning approval
of Ordinance 624, regarding an amendment to the Unified Development Code (UDC), as amended,
to amend Section 10.7 "Masonry Requirements" of Article 10 General Provisions for all Districts; to
amend the schedules of uses to allow solar energy equipment as an accessory use in all
commercial, industrial, and employment center zoning districts; and to amend Section 5.25 "Other
Uses" of Article 5 Village Districts to allow solar energy equipment as an accessory use in Village
Districts.
1. Staff Presentation
2. Public Hearing
3. Staff Response and Summary
4. Action by City Council
C. Discuss and consider approval of an amendment to the current contract with Waste Connections,
regarding the proposed 2017 rate adjustment for residential and commercial solid waste collection,
transport, disposal, and recycling services
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.
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 May 15, 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.
az�
Leslie Galloway, City ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: WORK SESSION -A.
I. Subject:
Discuss the proposed 2017 rate adjustment for residential and commercial solid waste collection,
transport, disposal, and recycling services provided by Waste Connections
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
Norm Bulaich, a representative of Waste Connections, will make a presentation and answer any
questions the Council may have regarding the proposed rate adjustment.
On November 1, 2007, the City entered into a contract with IESI TX Corporation to provide residential and
commercial customers with solid waste collection, transport, and disposal for a five-year term, ending
January 31, 2013.
Since that time, the City has entered into two amendment and renewal agreements. The first, on October
3, 2012, extended the contract another five years through January 31, 2018, and amended the rates.
The second amendment, dated May 14, 2015, extended the contract through January 31, 2020, and
included the option to extend the contract for two successive terms of five years each, should the City
desire to do so. It was during this extension that the curbside recycling containers were implemented and
the rates were adjusted to include weekly curbside recycling service.
The current rate adjustment requested in the attached letter is $0.33 per month per customer, which is a
3% ($0.26) increase for garbage collection and a 2% ($0.07) increase for recycling, for a total monthly
residential rate of$12.82. The increase will also include commercial customers. This rate adjustment
request is based on the Consumer Price Index(CPI) and landfill disposal cost increases. The last rate
adjustment for solid waste collection was in 2014.
Per the original contract (attached), letter C. Residential Charges, number(6) and (7) Rate Adjustments,
on page 11, Progressive Waste (now Waste Connections), may request an adjustment based on CPI or
to offset unusual changes in the cost of operations due to or directly resulting from a variety of items,
including landfill costs.
In accordance with the contract, number(7) also states that should the City fail to or refuse to consent to
a requested rate increase—and the contractor can demonstrate that such rate increase is necessary to
offset increased costs—the contractor may, at its discretion, terminate the agreement upon a 180-day
written notice.
IV. Fiscal Impact Summary:
V. Legal Impact:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
1. Rate Letter Rate Ietter.Waste Connections. df
2. Garbage and Recycling Rate Comparison Garbage Rate Com arison.docx
3. Solid Waste Contract Original Contract with IESI. df
4. First Amendment First Amendment. df
Second Attachment Second Amendment.A ril 2015. df
0. Third Amendment IThird Amendment with Rates. df
WASTE CONNECTIONS
OF TEXAS
April 17,2017
Honorable Mayor and Members of Council
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Rc: Price Increase Request:
Dear Honorable Mayor and Members of Council:
Waste Connections, dba Progressive Waste Solutions would like to take this opportunity to
express our appreciation for your business. Per our contract we would like to present to you our
request for a 2017 rate adjustment. Our last approved rate increase was July, 2014. The 2017
increase is based on the published Bureau of Labor Standard Consumer Price Index/Urban
Consumers (CPI-U DFW)-all items-March,2017 (see attached). Also,per our Contract we can
request a landfill disposal adjustment, due to an increase in disposal cost(see attached). The
amount of the request for 2017 is equal to $33 per home or 3%($.26) for curbside garbage
collection and 2%($.07) for curbside recycling collection(see attached). This increase would also
include the commercial customers as well. We respectfully ask for your support in order to
maintain our operations and continue to meet our financial obligations. If approved the effective
date would be June 1, 2017. Your current rate per home is $12.49, so with the increase your new
rate will be $12.82.
If you have any questions or need additional information, please feel free to contact me if you
have any questions per this request.
Sincerely,
Norm Bulaich
Municipal Manager
Progressive Waste Solutions
817-999-2584
4001 Old Renton Rd, Fort Worth,Texas 76117 (817)547-9012
Consumer Price Index-All Urban Consumers DFW
Mar-17 223.78
Mar-16 218.88
Change in CPI 2.00%
Disposal Inc. 1.00%
25% of total cost
Total Increase 3.00%
Current Rate Per Home $8.89
Proposed Rate Per Home $9.15
Increase Per Home $0.26
Consumer Price Index-All Urban Consumers ®FW
Mar-17 223.78
Mar-16 218.88
Change in CPI 2.00% 2.00%
Recycling(no landfill charges)
Total Increase 2.00%
Current Rate Per Home $3.60
Proposed Rate Per Rome $3.67
Increase Per Home $0.07
Bureau of Labor Statistics Data Page 1 of 1
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Databases, Tables & Calculators by Subject _SHARE ON_ .' " i 1 FON7SIZE ,
Change Output Options: From: toa� To: '2017
El include graphs 0 include annual averages Morn Formatting Options •
Data extracted on:April 17,2017(2:19:37 PM)
CPI-All Urban Consumers(Current Series)
Series Id: CUURA316SAd,CUUSA3l6SA0
Not Seasonally Adjusted
Series Title: All items in Dallas-Fort Worth, TX, all urban consumers, not seasonally adjusted
Area: Dallas-Fort Worth, TX
Item: All items
Base Period: 1982-84=100
Download: ,xlsx
Year Jan Feb Mar Apr May Jun Ju I Aug Sep Oct: Nov Dec Annual HALFi FHALF21
2007 188.890 190.156 192.779 194.286 194.847 196.465 193.245 191.057 195.433
2008 197.079 198.596 i 202.357 206.413 205.883 200.051 201.791 200.118 203.463
2009 198.623 200.039 199.311 200.663 201.802 201.958 200.544 199.494 201.595
2010 202.106 201.982 202.108 1200,2271 2fl1,882 201.168 201.624 201.908 201.339
2011 203.199 206.967 208.794 208.602 209.255 209.263 207.933 206.768 209.097
2012 209.203 212.618 212.226 211.2671 214.033 212.901 212.227 211.520 212.935
2013 213.6961 216.465 215.670 216.9791 217.068 215.450 215,995 215.550 216.441
2014 216.291 218.715 219.590 219.543 219.380 217.188 .218.392 218.469 218.316
2015 214.899 217.487 218.484 218,676 217.507 217.104 217.500 217.375 217.625
2016 217.164 218.877 220.717 221.507 221.923 j 222.259 220.677 219.223 222.132
2017 223.0821 223.782
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WASTE C®NNECTI®NS,INC
4001 Old Denton Rd,Haltom City,Texas 76117
Contact: Marty Grant;District Manager
Phone: (817)222.2221
City of KENNEDALE
RATE SHEET
Effective:June 2017 BILLING
RESIDENTIAL CURBSIDE COLLECTION: $9.15 per month,per Single-Family Residential Unit
CURBSIDE RECYCLING: $3.67 per month,per Single-Family Residential Unit
COMMERCIAL HAND COLLECT: $20.37 per month,per Commercial Hand Collect Unit
$28.33 per month,per Commercial Hand Collect Unit
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
!17158.95
.78 112.81 153.67 213.02 306.56 410.29 27.72
.66 127.53 170.42 216.05 315.93 428.20 38.12
,15 156.69 238.35 312.57 388.41 454.66 48.51
.37 211.67 285.18 374.20 474.28 540.80 55.42
264.93 367.63 478.14 542.13 589,97 82.36
FRONT LOAD COMPACTOR RATES'(Negotiable)
Containers w!Casters $ 39.64 per month
Containers w/Locks or Gates $ 9.05 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS 1 11
SIZE HAUI_ DE IVERY DAtLY RENT TONNAGE DRY-RUNS
+ 266.78 96.27 4.82 28.31 79.28
+ 266.78 96.27 4.82 28.31 79.28
+ 266.78 96.27 4.82 28.31 79.28
Franchise and Billing Fees:
Residential: 10.0%
Commercial: 10.0%
*All rates are inclusive of ail franchise and billing fees
•Rates do not include any Sales Tax
•Rates do not include any Fuel Surcharges
�Vr '' Progressive Waste Solutions of TX, Inc.
._1h1_
_1'� 4001 Old Denton Rd,Haltom City,Texas 76117
ProgressiveContact: Marty Grant;District Manager
Waste Solutions Phone: (817)222-2221
City of KENNE®ALE
RATE SHEET
Effective:July 2014 BILLING
RESIDENTIAL CURBSIDE COLLECTION: $8.89 per month,per Single-Family Residential Unit
CURBSIDE RECYCLING: $3.60 per month,per Singlo-Family Residential Unit started April 2015
COMMERCIAL HAND COLLECT: $19.78 per month,per Commercial Hand Collect Unit
$27.60 per month,per Commercial Hand Collect Unit
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
SIZE
72.60 109.52 149.19 206.82 297.63 398.34 26.91 Residential Is billed thru the City
77.34 123.82 165A6 209.76 306.73 415,73 37.01
102.09 152.13 231.41 303.47 377.10 441.42 47.10 Commercial we bill-Co
129.49 205.50 276.87 363.30 460.47 525.05 53.81 004 Sry Area is KND
154.32 257.21 356.92 464.21 526.34 572.79 60.54�l
FRONT LOAD COMPACTOR RATES*(Negotiable)
10`0 F El
Containers w/Casters $ 38.49 per month
Containers wl Locks or Gates $ 8.79 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
SIZE "DELIVERY DAILYRENr TPNNAOR •. .
259.01 9147 4.68 27.49 76.97
i 259.01 93.47 4.68 27.49 76.97 Roll Off We blil-CO 0004
i . 259.01 93.47 4.68 27.49 76.97 Sry Area is KND
Franchise and Billing Fees:
Residential: 10.0%
Commercial: 10.0%
All rates are inclusive of all franchise and billing fees
*Rates do not include any Sales Tax
*Rates do not include any Fuel Surcharges
Solid Waste Comparison
Residential Residential Commercial 1X Commercial 2X
City Garbage Recycling per week per week
Midlothian $ 10.21 $ 2.00
Kennedale $ 9.15 $ 3.67 $ 20.37 $ 28.33
Colleyville $ 9.77 $ 3.22
Mansfield* $ 12.23
Westworth Village $ 10.86 $ 2.25 $ 13.11 $ 7.01
Southlake* $ 13.44
Haltom City* $ 14.18
DWG* $ 16.00 Nor- $ 20.00
Burleson* $ 19.20 $ 24.00
*Rate includes both Garbage and Recycling
No Recycling
Venus $ 10.37 $ -
Forest Hill $ 11.39 $ - - $ 11.39
White Settlement $ 11 .66 $ - - $ 28.88
C rowley $ 12.30 $ -
Crandall $ 13.33 $ - $ 27.18
CONSOLIDATED CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID
WASTE&RECYCLE COLLECTION
THIS CONSOLIDATED CONTRACT (the "CONTRACT") is made and entered into on
November 1, 2007, by and between the CITY OF KENNEDALE, a municipal corporation of
Tarrant County, Texas (hereinafter referred to as "CITY") and IESI TX Corporations, a Texas
corporation ("CONTRACTOR"), authorized to do business in the State of Texas (hereinafter
referred to as "CONTRACTOR").
WHEREAS,the CITY desires to provide residential and commercial customers within its
corporate limits with solid waste collection, transport, disposal and recycling services for a term
of five(5)years ending January 31, 2013; and
WHEREAS, the CONTRACTOR has provided the CITY with a response to its Request
for Proposals (RFP) dated October 25, 2007 for solid waste disposal and recycling services on a
Contract basis.
NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained
and in order to preserve and protect the public health of the citizens of the CITY it is hereby
understood and agreed by the parties hereto as follows:
1. Grant. To the extent permitted by law, CITY hereby grants to CONTRACTOR a
Contract with the exclusive franchise, license, and privilege to engage in the business of
collecting and disposing of all residential and commercial Acceptable Waste,
Construction and Demolition Waste, and Recyclable Materials as defined herein below
which is generated within the corporate limits of the CITY and, further, hereby grants to
CONTRACTOR a license and permit to use the public streets, alleys, easements and
thoroughfares within the limits of the CITY for said business during the term of this
Contract. The CITY hereby grants to the CONTRACTOR, in accordance with the
CITY'S ordinances and regulations governing the collection and disposal of Acceptable
Waste, the title to all Acceptable Waste collected and disposed of by the
CONTRACTOR, over, upon, along and across the CITY'S present and future streets,
alleys bridges and public properties. All title to and liability for materials excluded from
this Contract shall remain with the generator of such materials.
2. Term. The term of this Contract shall be for five (5) years commencing on February 1,
2008 and terminating on January 31, 2013. The term may be renewed for two (2)
successive terms of five(5)years each, by mutual consent of the parties hereto.
3. Definitions. Wherever used herein, the'hereinafter listed teens shall have the following
meanings:
A. Acceptable Waste: Any and all waste that is solid waste, including brush,
garbage, yard waste and trash, as solid waste is defined under the laws of the
W:1Kennedale\Agreements%olid Waste Collection Contract IESI-FN002.doc(12-1407) Page 1
United States and/or the State of Texas and/or the regulations promulgated
thereunder and that is acceptable for disposal in a Landfill, except for
"Unacceptable Waste", as defined herein.
B. Bulky Item: Any item measuring in excess of either forty-eight (48) inches in
length or fifty (50) pounds in weight, including, but not limited to, refrigerators,
stoves, washing machines, water tanks, chairs, couches and other similar
household items.
C. By-Products With Residual Value: Any excess industrial, manufacturing or
commercial byproducts or significant and constant volumes of materials of a
company which have a residual value on the open market, (such as cardboard and
packing materials).
D. Brush: Tree and shrub trimmings which are not easily placed in disposable
containers.
E. Commercial Containers: Metal containers supplied by CONTRACTOR affording
adequate capacity to service a customer so as to prevent spillage, unsightly and
unsanitary conditions.
F. Construction and Demolition Waste: Acceptable Waste resulting from
construction or demolition activities or that is directly or indirectly the by-product
of such activities, including, but not limited to, cartons, concrete, excelsior,
gypsum board, metal,paper, plastic, rubber and wood products. Construction and
Demolition Waste does not include Unacceptable Waste or Bulky Items.
G. Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by
the CONTRACTOR will be located at the curbside of the street bearing the
customer's address or, if there is no curb,where the customer's property line meets
the street.
H. Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste
building materials,automobile frames, or large, uncut dead trees.
I. Bags or Disposable Containers: Any plastic bag or cardboard box with a capacity
or volume of thirty three (33) gallons or less and which is capable of containing
garbage or trash without leaking or emitting odors, and which weighs, when
loaded, less than fifty(50)pounds.
J. Garbage: Refuse animal or vegetable matter (as from a kitchen or food
processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper
(not including heavy accumulations of newspapers and magazines) and any other
household waste which is damp or capable of emitting noxious odors.
WAKennedalelAgreements\Solid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 2
K. Handicapped Residential Unit: Any residential dwelling that is inhabited by
persons, all of whom are physically handicapped to the extent that they are unable
to place Acceptable Waste at the curbside, and that generates and accumulates
Acceptable Waste. The identities of the members of a Handicapped Residential
Unit shall be certified by the City Manager and agreed to by the CONTRACTOR.
L. Hazardous Waste: Waste identified or listed as hazardous waste by the
administrator of the United States Environmental Protection Agency (EPA) under
the federal Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, as amended, or so classified by any federal or State of
Texas statute, rule, order or regulation.
M. Multiple-Family/Apartment Residential Complex: A structure in which three (3)
or more families reside and claim as their permanent address.
N. Permanent Containers: Any closed, waterproof, plastic or metal container or can
with a capacity or volume of thirty three (33) gallons or less and which is capable
of containing garbage or trash without leaking or emitting odors, and which
weighs, when loaded, less than fifty (50) pounds. It is recommended that plastic
bags be used along with permanent containers to prevent spillage on CITY streets.
O. Recyclable Materials:
Metal Cans: Rinse metal cans and place in bins
composed of tin, steel or aluminum.
Aluminum Cans: Aluminum drink cans.
Glass: Clear, green and brown glass bottles
and jars.No mirrors, window glass,
plate glass, light bulbs or ceramics.
Plastic Bottles: Only plastic bottles with recycling symbols,
#1,#2, #3, #4,#5,#6, and V. Examples
include milk bottles, soft drink liter bottles,
detergent bottles, cleaning bottles and
shampoo bottles. Rinse and remove lids.
Newspapers, Magazines, Catalogs Newspapers,magazines,and catalogs
including slick and glossy inserts.
Junk Mail, Cardboard Junk mail, envelopes, cereal boxes,
Mixed Household Paper cardboard, chipboard and other household
paper placed inside the bin.No tissues,
wet paper or paper contaminated with food
WAKennedale\Agreement0oiid Waste Collection Contract IESI-FN002.doe(12-19-07) Page 3
products are acceptable.All cardboard must
be broken down to a size that will fit inside
the bin.
Other: Items that are identified as recyclable by the
CITY,CONTRACTOR, or as the result of
changes in any local,state,or federal laws,
ordinances, or regulation.
P. Recycling Containers: Thirty(30)roll off container provided by CONTRACTOR
for each residential Customer to utilize. Any container must be approved by the
City Council.
Q. Single-Family Residential Unit: Any residential dwelling that is designed for,
and inhabited by, a single person or family unit and that generates and
accumulates Acceptable Waste.
R. Special Waste: Any waste, even though it may be part of a delivered load of
waste excluding insignificant quantities found in residential, commercial or
industrial waste,which is:
(1) defined as such by the laws of the United States and/or the State of Texas
and/or the regulations promulgated thereunder; or
(2) medical waste, including infectious or pathological waste from
laboratories, research facilities,and health and veterinary facilities; and
(3) dead animals and/or slaughterhouse waste, except for animals euthanized
under the authority and direction of the CITY; or
(4) sludge waste, including water supply treatment plant sludges and
stabilized and/or unstabilized sludges from municipal or industrial
wastewater treatment plants; or
(5) liquid waste, which for the purposes of this Contract means any waste
material that is determined to be or contain "free liquid" by the paint filter
test(EPA Method 9095);or
(6) waste from an industrial process; or
(7) waste from a pollution control process; or
(8) waste transported in a bulk tanker; or
(9) friable and/or nonfriable asbestos waste;or
WAKennedaleUgreementASolid Waste Collection Contract IES1-FN002.doc(12-19-07) Page 4
(10) empty containers which have been used for pesticides, herbicides,
fungicides,or rodenticides; or
(11) containerized waste(e.g., a drum, barrel, portable tank, box, pail, etc.) of a
type listed in this definition; or
(12) residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this definition;
or
(13) soil, water, residue, debris or articles which are contaminated from the
cleanup of a site or facility formerly used for the generation, storage,
treatment, recycling, reclamation, or disposal of wastes listed in this
definition, including soil contaminated from underground storage tanks
used or formerly used for the storage of petroleum products; or
(14) residential wastes, only if a change in federal or state law, statute,
regulation, rule, code, ordinance, permit, or permit condition, which
occurs after the Effective Date of this Contract, requires special or
additional management that differs from the requirements applicable on
the Effective Date of this Contract;or
(15) any waste that requires other than normal handling, storage, management
and/or disposal.
S. Trash: All household refuse other than garbage, debris, brush, household
furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds,
heavy accumulations of newspapers and magazines, Recyclable Waste, old
clothes and other household trash of like kind, but shall not include Hazardous
Wastes.
T. Unacceptable Waste: Any and all waste that is either:
(1) waste which is now or in the future prohibited from disposal at a sanitary
landfill by state, federal and/or local laws and/or the regulations
promulgated thereunder; or
(2) "Hazardous Waste",as defined herein; or
(3) waste which is prohibited from disposal at the Landfill by
CONTRACTOR including tires, concrete, and bulk petroleum or chemical
products or by-products; or
(4) liquid waste, as defined herein, and septic tank pumpings and grease and
grit trap wastes; or
WAKenncdalelAgreementOolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 5
(5) sludge waste, including water supply treatment plant sludges and
stabilized, and/or unstabilized sludges from municipal or industrial
wastewater treatment plants; or
(G) dead animals and/or slaughterhouse waste, except for animals euthanized
under the authority and direction of the CITY; or
(7) any waste, including "Special Waste" as defined herein, which because of
its quantity, concentration, frequency of disposal, required disposal
procedures, regulatory status, or physical, chemical, infectious or other
characteristics jeopardizes or may jeopardize the environmentally sound
operation of the disposal site, as determined by CONTRACTOR in its sole
discretion.
U. White Good:Any item measuring in excess of either three (3)cubic feet in size or
fifty (50) pounds in weight and that is manufactured primarily from metal,
including, but not limited to, a bath tub, heater, hot water heater, refrigerator, sink
or washer and dryer.
V. Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs (less than 31 in
length) and other materials accumulated as the result of the care of lawn,
shrubbery, vines and trees. Yard waste does not include food wastes from gardens
such as fruits or vegetables.
4. Sinele-Family Residential Units
A. Duties and Obligations of Single- Family Residential Unit: Every owner, agent,
lessee, tenant or occupant of any single-family residential premises in the CITY
("residential customer") shall have the following duties and obligations:
(l) Brush and Trash: Each residential customer shall place brush or trash
which cannot be placed in disposable containers or permanent containers
into lengths not to exceed four (4) feet and with a weight not to exceed
fifty (50) pounds, tie same in bundles, and stack such brush or trash at
curbside(as is hereinafter provided).
(2) Containers Secured: Each residential customer shall keep all such
containers in use securely closed in such a manner as to prevent the
scattering of the contents thereof and to render said contents inaccessible
to insects,rodents and other animals.
(3) Draining Liquids: Each residential customer shall drain all Acceptable
Waste and Recyclable Materials mixed with water or other liquids before
placing the same into appropriate containers.
WAKennedalclAgrecmentslSolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 6
(4) Items Exceeding Fifty(50) Pounds:No residential customer shall place for
collection, or permit to be placed for collection, any permanent container,
disposable container, item, or bundle of brush or trash exceeding fifty (50)
pounds in weight.
(5) Placement of Waste and Materials: Each residential customer shall place
appropriate containers containing Acceptable Waste at the curbside on the
street bearing such residential customer's address in such a manner as to
be easily accessible for collection and as to prevent Acceptable Waste
from being scattered.
(6) Residential Containers: Each residential customer shall provide and use
containers (disposable or permanent) sufficient in number to hold the
Acceptable Waste accumulating on the premises.
(7) Unacceptable Waste: No residential customer shall place for collection, or
permit to be placed for collection, any Unacceptable Waste.
(8) Time of Placement of Waste and Materials: All appropriate containers and
bundled brush required to be located at the curbside shall be placed at the
prescribed curbside locations not more than twelve hours prior to the
scheduled collection day and not later than 7:00 a.m. on the scheduled
collection day.
(9) Vines and Bushes: Each residential customer shall place all vines and
thorny bushes in disposable containers.
(10) Waste and Materials in Containers: Each residential customer shall place
all Acceptable Waste (including brush, if the size of the brush allows) in
either disposable containers or permanent containers.
(11) Notwithstanding anything to the contrary contained herein, the
CONTRACTOR agrees to assist Handicapped Residential Units with
house-side collection of their Acceptable Waste; provided, that the
CONTRACTOR receives prior written notice from the Handicapped
Residential Unit of such special need. The CITY shall be solely
responsible for all other modifications and accommodations required by
the Americans with Disabilities Act or any other applicable law or
regulation in connection with the services provided hereunder to Single-
Family Residential Units.
B. Contractor's Duties and Obligations -- Residential: It shall be the duty and
obligation of CONTRACTOR to perform the following services:
(1) Collection: CONTRACTOR agrees to make two (2) weekly collections
for Acceptable Waste. CONTRACTOR shall not commence service to
WAKennedaMAgreementASolid Waste Collection Contract IESUN002.doe(12-19-07) Page 7
residential customers prior to 7:00 a.m. and no collections will be made on
Sundays. Collections may be made on designated holidays that do not fall
on a Sunday, but shall not be required. CONTRACTOR shall provide
collection services to residential customers in the manner specified herein.
(2) Customer Service Number: CONTRACTOR agrees to maintain a toll free
telephone number for the purpose of handling complaints and other calls
regarding the collection service provided by CON'T'RACTOR.
CONTRACTOR agrees to secure an annual listing in the appropriate
telephone directory under the name by which it conducts business in the
community. CONTRACTOR agrees to keep said phones available for
calls from 8:00 a.m. to 5:00 p.m. weekdays and Saturday 8:00 a.m. to 3:00
p.m. every day except Sunday and the holidays set forth in Section (6.L.)
herein, and to keep said phone staffed with sufficient competent personnel
to handle calls and inquiries during the above-mentioned hours. A daily
log of all service calls, complaints, inquiries and the action taken thereon,
shall be maintained by CONTRACTOR.
(3) Equipment and Services Furnished: CONTRACTOR agrees to furnish
trucks, equipment, machinery, tools, and labor at its own expense, to
adequately, efficiently and properly collect and dispose of Acceptable
Waste or Recyclable Materials from premises within the corporate limits
of the CITY in a systematic, clean, healthful, and sanitary manner.
CONTRACTOR shall not be responsible under this Contract for collecting
and disposing of Hazardous Waste, Special Waste or debris.
(4) Take-all Service: CONTRACTOR shall collect all items placed on the
curb as part of the regular waste collection cycle providing that the items
are acceptable for landfill disposal and the items are containerized in a
can, bag or box. Brush and tree limbs must be tied in bundles not to
exceed four(4) feet in length and fifty (50) pounds in weight. This service
includes construction and fencing materials generated by the homeowner
resulting from repair and remodeling projects as long as said materials are
containerized or tied in bundle's not to exceed four (4) feet in length and
fifty(50) lbs. in weight.
Bulky items and White Goods including stoves, furniture, water heaters,
dishwashers, etc., when placed on the curb, will be picked up as part of
normal service collections. Federal Law prohibits the collection of
refrigerator or freezer units unless certification is provided that CFC's
have been removed by a certified technician.
(5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the
Acceptable Waste collected will be disposed of in compliance with the
laws of the State of Texas. All vehicles used by the CONTRACTOR for
the collection and transportation of Acceptable Waste or Recyclable
WAKennedalelAgreetnents\Solid Waste Collection Contract IESI-M004doc(12-19-07) Page 8
Materials shall be protected at all times while in transit to prevent leakage
and the blowing or scattering of materials or waste onto the public streets
of CITY or properties adjacent thereto and shall at all times be maintained
in good repair. Further, such vehicles shall be clearly marked with
CONTRACTOR'S name in letters not less than four (4) inches in height
and shall be individually numbered. All collection equipment shall be
washed and deodorized as necessary, but at minimum once each week,
and shall be kept in sanitary condition.
(6) Annual Clean-Up Events and Landfill Use: CONTRACTOR shall plan
two bulky item and brush clean-up events each calendar year. They will
be in the second week of April and the second week of October.
CONTRACTOR shall provide eight ( 8 ) free roll offs per event at a
location specified by the CITY. Each residential unit is also entitled to
one(1)free landfill trip at the IESI Fort Worth C&D Landfill.
(7) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an
on-call service for the collection of large objects and quantities of debris,
including temporary roll-off service. Upon request by a residential
customer, CONTRACTOR agrees to provide an estimate of the cost to
remove and dispose of such items and upon mutual Contract between
CONTRACTOR and residential customer, the CONTRACTOR shall
perform the service. The agreed upon fee for the service shall be paid by
the residential customer immediately upon completion of the work
performed. (See Section "6.E." for more information.)
(8) Non-Collection Days: CONTRACTOR agrees that no collections will be
made on Sundays. Collections may be made on designated holidays that
do not fall on a Sunday, but will not be required. (See Section "6. L." for
more information about holidays).
(9) Residential Recycling Containers: CONTRACTOR shall provide a drop
off location for Recyclable Materials. Such container shall be located at
the IESI Fort Worth C&D Landfill and accessible to residential customers
during normal landfill operating hours.
(10) Routes and Schedules: CONTRACTOR agrees to establish daily routes
and special schedules for the collection of Acceptable Waste as necessary
to fulfill the requirements of this Contract. Further, CONTRACTOR will
utilize written route books for use in the collection of Acceptable Waste
from all residential customers. CITY shall have the right to require
alteration of service to any premises wherein unsightly or unsanitary
conditions have resulted from inadequate containers or an insufficient
number of collections, and CONTRACTOR shall be compensated for any
such required additional services.
WAKennedale\AgreementslSolid Waste Collection Contract IESI-FN002.doc(12-I9-07) Page 9
(I I) Christmas Tree Pick up: See Section 6.D.
(12) Recycling Education: CONTRACTOR shall continue an ongoing public
education program to encourage citizen participation in recycling
including but not limited to informational flyers or brochures (with a
detailed description of recycling program). CONTRACTOR shall also
report to the City Council of CITY one (1) time annually to appraise the
City Council on educational programs and participation in recycling.
C. Residential Charges
(1) Customer Billing: CITY agrees to bill all residential customers served by
CONTRACTOR. CITY further agrees to collect and remit all sales taxes
to the appropriate governmental authority and shall issue to
CONTRACTOR a Resale Certification.
(2) CONTRACTOR agrees to provide, at no cost to the residential customer
or the CITY, collection of Acceptable Waste from up to twenty-eight (28)
residential units inhabited by Senior Citizens meeting the CITY's
eligibility requirements. The CITY shall furnish CONTRACTOR the
names and addresses of the qualifying Senior Citizens.
(3) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on
or before the 15th day of each month following the services provided.
Example - Service begins November 1 st with the first payment due on or
before December 15th and each month thereafter. The appropriate charges
as herein provided:
a. Residential Acceptable Waste Charges: For the Contract granted
herein, CONTRACTOR agrees to pay a franchise fee to the CITY
in an amount equal to 6% of the gross billings (excluding all
appropriate sales taxes) from the collection of Acceptable Waste
within the corporate limits of the CITY and 4% of the gross
billings for billing and collection fee, for a total of 10%. CITY
shall remit to the CONTRACTOR its check in the amount of 90%
of all amounts billed for residential garbage and recycling service
for Acceptable Waste. The 10%not remitted for residential billings
shall become the property of the CITY.
Any billing that the CITY may do for the Acceptable Waste
collection service to residential customers outside the CITY limits
of Kennedale, CONTRACTOR agrees that the CITY shall retain
10%for the collection.
WAonnedaleUgreementslSolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 10
(4) Residential Acceptable Waste: CITY and CONTRACTOR agree that the
MONTHLY CUSTOMER SERVICE CHARGE for residential customers
shall be as described on ATTACHMENT"A".
(5) Residential Recycling: CITY and CONTRACTOR agree that the curbside
residential recycling monthly service charge may be implemented during
the term of this Contract upon service being initiated.
(6) Rate Adjustments: No rate adjustment will be made in the first year of the
contract (February 1, 2008 — January 31, 2009). Beginning February 1,
2009 rates may be adjusted annually to reflect changes in the cost of
operations, as reflected by percentage change in the Consumer Price Index
(CPT) for Urban Wage Earners and Clerical Workers (all items) for the
Dallas-Fort Worth Metropolitan Area as published by the U.S. Department
of Labor, Bureau of Labor Statistics. The measured increase will span a
twelve month period (beginning August 1 and ending July 31)
immediately preceding the Rate Adjustment Date. If the CONTRACTOR
desires a review of the existing rates, CONTRACTOR shall submit, in
writing, its adjustments to the rate and supporting data for the same period,
on or before January 15th of the numbered year, beginning January 15,
2009.
addition to the above CPi nd.ju!timcnt, the CITY may consider a
disc:rctiorlary rate adjustment to offset unusual chlinges in
CONTRACTOR'S cast of operations due to, or direc:Lly resulting from.
increased fuel costs, ad valtirctrt taxes, governmental fees, landfill costs, or
regulations or revised federal, state or local laws, ordinances or
regulations, CONTRACTOR may submit a request to the City Council
for such an adjustment in rates. Any such request mml bc: accompanied
by .supporting documentation detailing the increased costs and (heir impact
in providing the services descl-Ebcd 41 this Consolidated Corltrao as they
relate directly to the CITY. The City Council shall have authority, in its
sole discretion, to determine the validity of any such request for a change
in rates. The CITY shall not unreasonably withhold, condition or delay its
consent to any requested rate increase. In the event the CITY fails or
refuses to consent to any such requested rate increase and the
CONTRACTOR can demonstrate that such rate increase is necessary to
offset the CONTRACTOR'S increased costs in connection with
performing the services under this Agreement, the CONTRACTOR may,
in its sole discretion, terminate this Agreement upon one hundred eighty
(180)days written notice to the CITY.
Othce than the foregoing, Ilya other rate adjilstaiert[s s I w I I be conslden d by
(lid CITY.
WAKennedate\Agreements\Solid Waste Collection Contract IESI-FN002.dae(12-19-07) Page I 1
5. Commercial, Industrial, and Multi-Family/Apartment
A. Duties and Obligations of Commercial, Industrial, and Multi-Family/Apartment
Customers: Every owner, agent, employee or person otherwise in charge of any
commercial, industrial, or multi-family/apartment premises within the CITY
("commercial customer") shall have the following duties and obligations:
(1) Containers Secured: Each commercial customer shall keep all commercial
containers in use securely closed in such a manner as to prevent the
scattering of the contents thereof and to render said contents inaccessible
to insects, rodents, and other animals.
(2) Draining Liquids: Each commercial customer shall drain all Acceptable
Waste or Recyclable Materials mixed with water or other liquids before
placing same into a commercial container, and, further, no commercial
customer shall place for collection, or permit to be placed for collection,
any Hazardous Waste or Special Waste.
(3) Sufficient Containers: Each commercial customer shall be provided by
CONTRACTOR containers sufficient in number to hold the Acceptable
Waste or Recyclable Materials accumulating on the premises.
(4) Waste and Materials in Containers: Each commercial customer shall cause
all Acceptable Waste or Recyclable Materials accumulating on such
premises to be placed in commercial containers. Commercial customers
shall place said containers in a certain designated location which is agreed
to by CONTRACTOR and customer, bearing such commercial customer's
address for collection at the same time and in the same manner as is
provided for residential refuse collection. The location of the commercial
customer's container shall be placed such that no damage results to the
pavement or asphalt surfaces. CONTRACTOR shall not be liable for
damages to pavement or asphalt surfaces which result from the container
being placed in such location.
B. Contractor's Duties and Obligations — Commercial, Industrial, and Multi-
Family/Apartment: It shall be'the duty and obligation of CONTRACTOR to
perform the following services:
(1) Containers: CONTRACTOR shall provide all commercial containers for
Acceptable Waste or Recyclable Materials storage which are available
upon request of the owner or occupant of any premises within the
corporate limits of CITY, excluding single family and two family
residences. The commercial containers provided by CONTRACTOR
shall be (i) equipped with suitable covers to prevent blowing or scattering
of Acceptable Waste or Recyclable Materials while being transported for
disposal of their contents, (ii) maintained in good repair, appearance, and
WAKennedaleUgreementslSolid Waste Collection Contract IESI-FN002.doe(12-19-07) Page 12
in a sanitary condition, and (iii) clearly marked with the
CONTRACTOR'S name and telephone number in letters not less than two
(2) inches in height,and(iv)emptied not less than one time each week.
(2) Customer Service Number: CONTRACTOR agrees to maintain a toll free
telephone number for the purpose of handling complaints and other calls
regarding the collection service provided by CONTRACTOR.
CONTRACTOR agrees to secure an annual listing in the appropriate
telephone directory under the name by which it conducts business in the
community. CONTRACTOR agrees to keep said phones available for
calls from 8:00 a.m.to 5:00 p.m. weekdays and Saturday 8:00 a.m. to 3:00
p.m. every day except Sunday and the holidays set forth in Section "6K"
herein, and to keep said phone staffed with sufficient competent personnel
to handle calls and inquiries during the above-mentioned hours. A.daily
log of all service calls, complaints, inquiries and the action taken thereon,
shall be maintained by CONTRACTOR.
(3) Equipment Furnished: CONTRACTOR agrees to furnish trucks,
equipment, machinery, tools, and labor at its own expense, to adequately,
efficiently and properly collect and dispose of Acceptable Waste or
Recyclable Materials from premises within the corporate limits of the
CITY in a systematic, clean, healthful, and sanitary manner.
CONTRACTOR shall not be responsible under this Contract for collecting
and disposing of Hazardous Waste, Special Waste or debris.
(4) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an
on-call service for the collection of large objects and quantities of debris,
including temporary roll-off service. Upon request by a customer,
CONTRACTOR agrees to provide an estimate of the cost to remove and
dispose of such items and upon mutual Contract between CONTRACTOR
and customer, the CONTRACTOR shall perform the service. The agreed
upon fee for the service shall be paid by the customer immediately upon
completion of the work performed.
(5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste
collected will be disposed of in compliance with the laws of the State of
Texas. All vehicles used by the CONTRACTOR for the collection and
transportation of Acceptable Waste or Recyclable Materials shall be
protected at all times while in transit to prevent leakage and the blowing or
scattering of materials or waste onto the public streets of CITY or
properties adjacent thereto and shall at all times be maintained in good
repair. Further, such vehicles shall be clearly marked with
CONTRACTOR'S name in letters not less than four (4) inches in height
and shall be individually numbered. All collection equipment shall be
washed and deodorized as necessary, but at minimum once each week,
and shall be kept in sanitary condition.
WAKennedaleUgreernentMolid Waste Collection Contract IESI-FN002.doe(12-19-07) Page 13
(6) Non-Collection Days: CONTRACTOR agrees that no collections will be
made on Sundays. Collections may be made on designated holidays that
do not fall on a Sunday,but shall not be required.
(7) Routes and Schedules: CONTRACTOR agrees to establish daily routes
and special schedules for the collection of Acceptable Waste as necessary
to fulfill the requirements of this Contract. Further, CONTRACTOR will
utilize written route books for use in the collection of Acceptable Waste
from all commercial customers. CITY shall have the right to require
alteration of service to any premises wherein unsightly or unsanitary
conditions have resulted from inadequate containers or an insufficient
number of collections, and CONTRACTOR shall be compensated for any
such required additional services.
C. Commercial, Industrial,and Multi-Family/Apartment Charges
(1) Commercial, Industrial, and Multi-Family/Apartments Acceptable Waste:
CITY and CONTRACTOR agree that the commercial/industrial/multi-
family/apartments monthly service charges shall be provided in
ATTACHMENT "A", which is attached hereto and incorporated herein by
reference.
(2) Commercial Recycling Charges: The service charge for commercial
recycling shall be as specified in ATTACHMENT "A".
(3) Customer Billing: CONTRACTOR agrees to bill all commercial
customers served by CONTRACTOR. CONTRACTOR further agrees to
collect and remit all sales taxes to the appropriate governmental authority.
(4) Payment to CITY: CONTRACTOR agrees to pay to CITY on or before
the 15th day of each month the appropriate charges as herein provided:
a. Commercial, Industrial and Multi-Family/Apartments Acceptable
Waste Charges and Commercial, Industrial and Multi-
Family/Apartments Recycling Charges: For the Contract granted
herein, CONTRACTOR agrees to pay a franchise fee to the CITY
in an amount equal to 10% of the gross billings(excluding all
appropriate sales taxes) from the collection of Acceptable Waste
and Recyclable Materials within the corporate limits of the CITY.
CONTRACTOR shall remit to the CITY a check in the amount of
10% of all amounts billed for commercial/industrial Acceptable
Waste and recyclables collected.
(5) Rate Adjustments: No rate adjustment will be made in the first year of the
contract (February 1, 2008 — January 31, 2009). Beginning February 1,
WAKennedaMAgreementMolid Waste Collection Contract IESI-FN002.doe(12-19-07) Page 14
2009 rates may be adjusted annually to reflect changes in the cost of
operations, as reflected by percentage change in the Consumer Price Index
(CPI) for Urban Wage Earners and Clerical Workers (all items) for the
Dallas-Port Worth Metropolitan Area as published by the U.S. Department
of Labor, Bureau of Labor Statistics. The measured increase will span a
twelve month period (beginning August l and ending July 31)
immediately preceding the Rate Adjustment Date. If the CONTRACTOR
desires a review of the existing rates, CONTRACTOR shall submit, in
writing,its adjustments to the rate and supporting data for the same period,
on or before January 15th of the numbered year, beginning January 15,
2009.
(6) In addition to the above CPI adjustment, the CITY may consider a
discretionary rate adjustment to offset unusual changes in
CONTRACTOR'S cost of operations due to, or directly resulting from,
increased fuel costs, ad valorem taxes, governmental fees, landfill costs,or
regulations or revised federal, state or local laws, ordinances or
regulations. CONTRACTOR may submit a request to the City Council
for such an adjustment in rates. Any such request must be accompanied
by supporting documentation detailing the increased costs and their impact
in providing the services described in this Consolidated Contract as they
relate directly to the CITY. The City Council shall have authority, in its
sole discretion, to determine the validity of any such request for a change
in rates. The CITY shall not unreasonably withhold,condition or delay its
consent to any requested rate increase. In the event the CITY fails or
refuses to consent to any such requested rate increase and the
CONTRACTOR can demonstrate that such rate increase is necessary to
offset the CONTRACTOR'S increased costs in connection with
performing the services under this Agreement, the CONTRACTOR may,
in its sole discretion, terminate this Agreement upon one hundred eighty
(180)days written notice to the CITY.
Other than the foregoing, no other rate adjustments shall be considered by
the CITY.
6. Miscellaneous
A. Assignment of Contract: This Contract and any and all rights and obligations of
CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent
company, affiliate, or subsidiary of CONTRACTOR without the consent of
CITY, but may not be assigned to any other third party without the prior written
consent of the CITY'S City Council.
B. Applicable Law: CITY and CONTRACTOR (and customers) shall comply with
all rules and regulations of any federal, state or local authority. In this regard,
CONTRACTOR shall not be required to collect and dispose of any Hazardous
WAKennedalOAgreementMolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 15
Wastes, or any other Unacceptable Waste. Should CONTRACTOR elect to
dispose of such materials, CONTRACTOR shall receive a fee or charge mutually
acceptable to CONTRACTOR and the party requesting disposal of such
materials. CONTRACTOR furthers agrees to comply with all applicable state and
federal laws regulating collection and disposal of waste.
C. Bad Debt Collections and Write-Offs: The CITY will diligently pursue the
collection of bad debts, and those which are deemed uncollectible after 90 days,
will be written off annually by the CITY. Write-offs will be adjusted (deducted)
from CONTRACTOR'S monthly payment following the date of the write-offs.
Although write-offs will be made, CITY will continue to pursue collection and
any bad debts collected after any quarterly payment adjustment will be added to
the next monthly payment to the CONTRACTOR.
D. Christmas Tree Recycling: CONTRACTOR shall collect Christmas Trees when
placed at curbside two times during December 25 through January 9 each year
during the term of the Contract. Christmas Trees do not have to be out or bound in
any way and shall be picked-up whole.
E. CITY Liaison: CONTRACTOR and CITY agree that the City Manager will be
the authority for the approval of charges for any service not contemplated by this
Contract and for the disposition of any dispute between customer and
CONTRACTOR. The CITY may designate a CITY employee to act as an
enforcement officer hereunder and to act as a liaison between the CITY and
CONTRACTOR.
F. Contract Execution: This Contract may be executed in any number of
counterparts, each of which will for all purposes be deemed to be an original, and
all of which are identical.
G. Contract Validity: If any provision or portion of this Contract is for any reason
unenforceable, inapplicable, or invalidated then such provision or portion shall be
reformed in accordance with applicable laws and the other provisions hereof will
remain in full force and effect in the same manner as if such unenforceable,
inapplicable or invalidated provision had never been contained herein. The
invalidity, inapplicability, or unenforceability of any provision or portion of this
Contract shall not affect the validity, applicability or enforceability of the other
provisions or portions of this Contract.
H. INDEMNIFICATION: CONTRACTOR covenants and agrees to fully
indemnify, hold harmless and defend the CITY, its officers, agents, servants
and employees from and against any and all claims, demands, suits,
judgments, costs and expenses (including attorney's fees) for property
damage or loss, and/or personal injury, including death, to any and all
Persons, of whatsoever kind or character, whether real or asserted, caused
by any acts or omissions of CONTRACTOR in the performance, attempted
WAKennedaMAgreementMolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 16
performance or non-performance of the work and services described
hereunder including operations of subcontractors, if any, and the acts or
omissions of employees or agents of CONTRACTOR. CONTRACTOR shall
likewise assume all responsibility and liability for, and shall indemnify and
hold harmless the CITY for any and all injury or damage to CITY property
caused by all acts or omissions of CONTRACTOR, its officers, agents,
servants, employees, contractors, subcontractors, licensees, or invitees,
including attorney's fees expended by the CITY in any suit or claim against
CONTRACTOR for same. However, CONTRACTOR shall not be liable for
any legal proceeding, claims, demands, damages, costs, expenses and
attorneys' fees caused by any acts or omissions of the CITY, its agents,
directors, employees, officers and servants. The provisions of this
indemnification are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
I. Contractor Insurance: CONTRACTOR shall not commence work under this
Contract until Contractor has obtained all the insurance listed below and
certificates evidencing such coverage are received by the CITY. Contractor shall
include the coverage of all subcontractors in any insurance policy it carries. The
CITY also shall be named as an additional insured on each policy required
hereunder.
Coverage Limits of Liability
Worker's Compensation Statutory
Employer's Liability $1,000,000
Bodily Injury Liability(except automobile) $1,000,000 per occurrence;
$1,000,000 in the aggregate
Property Damage Liability (except automobile) $1,000,000 per occurrence;
$1,000,000 in the aggregate
Automobile Bodily Injury Liability $ 1,000,000 per person;
$2,000,000 per occurrence
Automobile Property Damage Liability $2,000,000 per occurrence
Excess Umbrella Liability $5,000,000 per occurrence
(1) Local Agent for Insurance and Bonding: The insurance and bonding
companies with whom CONTRACTOR's insurance are written shall be
authorized to do business in the State of Texas. Each agent shall be a duly
qualified Person, upon whom service of process may be had, and must
WAKennedalelAgreementslSolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 17
have authority and power to act on behalf of the insurance to negotiate and
settle with the CITY, or any other claimant, any claims that the CITY or
other claimant, or any property owner who has been damaged, may have
against CONTRACTOR or its insurance company. If the local insurance
representative is not so empowered by the insurance, then such authority
must be vested in a local agent or claims officer residing in the Fort
Worth-Dallas metropolitan area. The name of the agent or agents shall be
set forth on all such bonds and certificates of insurance. CONTRACTOR
shall keep the required insurance in full force and effect at all times during
the term of this Contract, and any renewals thereof. Contractor shall
furnish to the CITY a certificate of insurance, evidencing that
CONTRACTOR has obtained the required insurance coverage. All
policies shall provide that they may not be changed or cancelled by the
insurer in less than five (5) days after the CITY has received written notice
of such change or cancellation.
J. Performance Bond: CONTRACTOR agrees that upon the execution of this
Contract and before beginning work, it shall execute and deliver to CITY a good
and sufficient surety bond in a form acceptable to the CITY,to secure the faithful
performance of the terms and conditions herein. The bond shall be in the amount
of Two Hundred Fifty Thousand Dollars ($250,000.00), and the surety shall be a
surety company duly authorized to do business in the State of Texas and approved
by the CITY.
K. Free Service to CITY: CONTRACTOR shall provide free pickup and disposal for
all CITY facilities in manners specified by the CITY. The CITY shall also have
free dumping privileges during the term of this Contract at the nearest landfill or
transfer station used by the CONTRACTOR. Free dumping is interpreted as
meaning no charge or cost assessed to CITY vehicles and limited to 300 cubic
yards per year.
L. Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following
days shall be recognized as holidays:
New Years Day
Thanksgiving Day
Christmas Day
The CONTRACTOR will collect all Acceptable Waste the next regular scheduled
collection day following the holiday, except Sunday, so that each customer
receives a minimum of one collection day during any given week which has a
holiday on a regular scheduled collection day.
M. Interrupiion irl Service: In tile evem that the coIIcuiion and disposal of A=ptable
Waste oT Rezyclable Materials should be interrupted by any mitsons olller than a
ealastrrlphe. riot, war, governmental order or regulation, strike, fire, accident, at:l
WAKennedalelAgreementASolid Waste Collection Contract IESI-FN002.doe(12-19-07) Page 18
of GDd, rliariges in laws, statutes,-regulations or ordinances Gr other similar or
diffc,rcnt contingency beyond the reasonable control of the CONTRACTOR for
more than fdrity-eight. (48) hours, CITY shall have the right to make temporary
independent arTangernunts for the purposes of continuing this neccsNary service to
its residents in order to provide and protect the public hea 1i I t and -safety. If such
interruption in service continues fora period of seventy-two (72) hours then the
CITY shall have the right to terminate the rights and privikp:s granttd in this
fhnchisc.
N. Investigations and Public Hearings: The City Council shall have full power to
examine or cause to be examined at any time, and at all times, the books, papers
and records of CONTRACTOR with relation to the operation of the services set
forth herein. In this connection, the CITY shall have the right, through its
Council, to take testimony and compel the attendance of witnesses or the
production of books,papers and records and to examine witnesses under oath and
under such rules and wgulations as it may adopt.
O. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or
provision of this Contract is submitted to a court for judicial interpretation that
such court shall not apply the presumption which results from the rule of
construction that a document or its contents is to be construed against the person
who himself or through his agent prepared the same.
P. Non-Collection: Should a dispute. arise bctwcen the CITY, CONTRACTOR,
and/or a cu5tornQr as to whether the CONTRACTOR actually failed to inake a
collection (%vhether the CONTRACTOR inia,,3ed a pickup) the decision of the City
Manager in such matter shall be final and CITY and CONTRACTOR agree to
abide by said decision. However, it is understood and agreed by and between
CITY and CONTRACTOR that if any customer fails to timely place brush,
permanent containers, disposable containers, Recyclable Materials or commercial
containers out, maintains improper or inadequate containers for the nature,
volume, or weight of Acceptable Waste or Recyclable Materials to be removed
from the premises,or places improper bundles or volumes of Acceptable Waste or
Recyclable Materials for collection, CONTRACTOR may refrain from collecting
all or a portion of such Acceptable Waste or Recyclable Materials and shall notify
CITY of the reason for such non-collection. CONTRACTOR shall also provide
notice to the customer of the reason for such non-collection (unless such non-
collection is the result of the customer's failure to timely place the brush or
containers out for collection). Contractor's notice to the customer shall be in
writing, attached to the container or the front door of the residence or commercial
business, and shall indicate the nature of the violation and the correction required
in order that such waste or recycling materials may then by collected at the next
regular collection date. When CITY is notified by a customer that Acceptable
Waste or Recyclable Materials have not been removed from his premises on the
scheduled collection day and where no notice of non-collection nor a change in
collection schedule has been received from CONTRACTOR, CITY shall
WAKennedale\Agreernents\Solid Waste Collection Contract IESI-FN002.doc(12-19.07) Page 19
investigate. If the investigation disclosed that CONTRACTOR has failed to
collect Acceptable Waste or Recyclable Materials from the subject premises
without cause, CONTRACTOR shall collect same within twelve (12) hours after
a collection order is issued by CITY, at no additional charge.
Q. Records and Reports: The CITY shall have access at all reasonable hours to all
CONTRACTOR'S records, customer service cards, and all papers relating to the
operation of the services set forth herein. CITY shall have the right to audit
CONTRACTOR'S records upon giving written notice.
The following records and reports shall be filed semi-annually (May and
November)by the fifteenth(15th)day with the City Manager:
(1) CONTRACTOR will*provide an annual report on cubic yards of garbage
deposited at the landfill from CITY. The report will include a breakdown
of how much is from residential customers, commercial/industrial
customers,CITY facilities,and landfill days.
(2) Reports of the results of all complaints and investigations received and
completed by the CONTRACTOR.
(3) A listing of all commercial accounts served. This list shall include
customers name, address, frequency of pickup, size of container or type of
service and charges for same.
R. Revocation: In the event of an alleged breach by CONTRACTOR of any of the
terms, covenants, or conditions herein contained, CITY shall notify
CONTRACTOR of such alleged breach and if same is not cured within fifteen
(15) days from such notice, CITY may, upon a determination (at a hearing as
described herein) that a breach has occurred, cancel and revoke this Contract.
The hearing prerequisite to such revocation shall not be held until notice of such
hearing has been given to the CONTRACTOR at the address shown on the
records of the CITY, and a period of at least ten (10) days has elapsed since the
mailing of such notice. The notice shall specify the time and place of the hearing
and shall include the alleged reasons for revocation or cancellation of the
Contract. The hearing shall be conducted in public by the CITY'S City Council
and the CONTRACTOR shall be allowed to be present and shall be given full
opportunity to answer such charges and allegations as are set out against it in the
notice. If, after the hearing is concluded, the City Council shall determine that a
breach of the terms, covenants or conditions of the Contract, as set forth in the
notice, has occurred, they may revoke and cancel this Contract and the same shall
be null and void. This Contract may, at the option of the CITY, be terminated in
the event of bankruptcy,receivership, or assignment for the benefit of creditors by
the CONTRACTOR.
WAKennedaleUgreementslSolid Waste Collection Contract IESI-FN002.doc(12-19-07) Page 20
S. Spillage: CONTRACTOR will not be required to clean up or collect loose
residential Acceptable Waste or Recyclable Materials not created by its operation,
but if same is not collected by CONTRACTOR, CONTRACTOR shall report the
location of such conditions to CITY so that proper notice can be given to the
occupant of the residence to properly contain such waste or materials. Spillage or
excess Acceptable Waste or Recyclable Materials at the location of commercial
containers may be picked up by CONTRACTOR after the customer reloads the
commercial container. CONTRACTOR shall then be entitled to, and shall
receive, an extra collection charge for each reloaded container requiring an extra
collection provided CONTRACTOR notifies CITY of such extra charge. Should
such commercial spillage continue to occur, CITY shall require the commercial
customer and CONTRACTOR to increase the frequency of collection of such
customer's Acceptable Waste or Recyclable Materials or require the customer to
utilize a commercial container with a larger capacity and CONTRACTOR shall
be compensated for such additional services as provided in ATTACHMENT"A".
T. Due Care. The CONTRACTOR shall exercise due care and caution in providing
the Services so that the CITY'S public and private property, including streets and
parking areas,will be protected and preserved.
U. Personnel and Performance Standards. The CONTRACTOR shall not deny
employment to any person on the basis of race, creed or religion, and will insure
that all federal and state laws pertaining to salaries, wages and operating
requirements are met or exceeded. The CONTRACTOR, its agents, servants and
employees shall perform the Services in a courteous, competent and professional
manner. During the term of this Contract and any extension thereof, the
CONTRACTOR shall be responsible for the actions of its agents, servants and
employees while such agents, servants and employees are acting within the scope
of their employment or agency.
V. Governing Law. This Contract shall be governed in all respects, including as to
validity, interpretation and effect, by the internal laws of the State of Texas,
without giving effect to the conflict of laws rules thereof. The parties hereby
irrevocably submit to the jurisdiction of the courts of the State of Texas and the
Federal courts of the United States located in the State of Texas, solely in respect
of the interpretation and enforcement of the provisions of this Contract, and
hereby waive, and agree not to assert, as a defense in any action, suit or
proceeding for the interpretation or enforcement hereof, that it is not subject
thereto or that such action, suit or proceeding may not be brought or is not
maintainable in said courts or that the venue thereof may not be appropriate or
that this Contract may be enforced in or by said courts, and the parties hereto
irrevocably agree that all claims with respect to such action or proceeding shall be
heard and determined in such a Texas State or Federal court. The parties hereby
consent to and grant any such court jurisdiction over the person of such parties
and over the subject matter of any such dispute and agree that mailing of process
or other papers in connection with any such action or proceeding to the addresses
WAKennedaleUgreementASolid Waste Collection Contract IESI-FN002.dM(12-19-07) Page 21
of the parties listed below, or in such other manner as may be permitted by law,
shall be valid and sufficient service thereof.
W. Force Majeure The performance of this Contract may be suspended and the
obligations hereunder excused in the event and during the period that such
performance is prevented by a cause or causes beyond reasonable control of such
party. The performance of this Contract will be suspended and the obligations
hereunder excused only until the condition preventing performance is remedied,
Such conditions shall include, but not be limited to, acts of God, acts of war,
accident, explosion, fire, flood, riot, sabotage, acts of terrorists, unusually severe
weather, lack of adequate fuel,or judicial or governmental laws or regulations.
IESI TX CORPORATICOII CITY 1�TIVED E
By: By: b b
Name /060.7 Name:
Title:
`+,�•�kilH1lff' '�,tle.
••••••••• %
Yy, • •
71L s
•
City Secretary
WAKennedalelAgreementslSolid Waste Collection Contract IESI-FN002ADc(12-19-07) Page 22
IESI TX CORPORATION
4001 Old Denton Rd,Haltom City,Texas 78117
Contact: Bob Kneis;Dlstrlct Manager
Phone: (817)222.2221
City of Kennedele (Option 2 j
RATE SHEET
Effective:2Iil2008
RESIDENTIAL CURSIDE COLLECTION: $8.08 par month
RESIDENTIAL CURBSIDE COLLECTION WITH RECYCLING: $10.51 per month
COMMERCIAL HAND COLLECT: $18.00 iX Isar woek(includes 90 gallon cart)
$26.00 2X per week(includes SS gallon cart)
COMMERCIAL RATE SCHEDULE
CONTAINER Lifer Per Week
SIZE
66.02 99.60 135.58 188.08 270.67 382.26 24.47
70.33 112.59 150.47 190.75 278.91 378.06 .33.65
92.85 138.36 210.45 275.95 342.04 401.43 � 42.83
117.76 185.89 251.79 330.39 418.75 477AD X38.93
140.34 233.91 324.59 422.16 478.65 520.90 55.05
FRONT LOAD COMPACTOR RATES"` N otlable
NEGOTIABLE NEGOTIABLE H NEGOTIABLE JI NEGaTWUJI NEGOTIABLE NE NEGOTIABLE
NEGOTABLE NEGOTIABLE NEGOTIABLE NEGOTIABLE NEGOTIABLE NEGOTIABLE NEGOTIABLE
Containers w/Casters $ 35.00 per month
Containeae wf Locks or Gabes IN 8.00 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS ROLL OFF COMPACTORS
SIZE # •
235.50 1$25 per ton 11 85.00 4.25 [NEaqnA0LE_Aj NEGOTABLe I NEGOTABLE 70.00
235.50 $26 Parton 85.fl0 �42 NEGOTIABLE NEGOTMLE NEGOTIABLE 70.00
235.5D $25 Par ton 115.00 NEGOT wBLE IINEGOTIAELE NEGOTIABLE 70.00
Franchise and 13111111 Fees:
Residential: 10.0%
Commercial: 10.0%
'All rates are Inclualve of all fwnchlae and billing tees
I SI TX CORPORATION
0"
ANI Old ID04ftn Oil.HiRIII-min CltV,T-ew,;B 7,6111
phpnm ply�222,2221
City of KENNEDALE
RATESMEET
Q 201
00WRERCIAL HAND COLLECT: ry pat wetli Ifitclud"90,0 Olon varQ
;�X ptir winek(fmolkides!M gallon cors)
RATM SOWnUIP
CPNTMPMR PARS P'". MA
goo
42Ttil
00?CEO
MA.ba
-fri.il-3 .4 144,�k W()L? mm 26.0
UT 16GA 202.1h 2SI'..7t 35.00
t Ijo.lb W83 alll AJ 4-MI0
f4ue 246.4-1 '345,27. Abm 5011U
rRoW Low coo' PA'CMR RA �(N*3MM�I!q
ROLL W RATIR SCHEDULE
ROU OFF OPEN TOP$
U4�01 F1 ULN A WM 0!E milli I p a
1Tvj-6,;,-p M-12. 452 25"t,i 744
251J.55 9fi
'201L 90 AV 26.950
sa anjil Sfilline FBew
...............
Rusiclarlul: 164A
KI rate&Att lndtmlvk 0 till ffthcVik.and bitilml rt*&
USAGE AGREEMENT
This Usage Agreement ("Agreement") is made and entered into as of February 1, 2008
(the"Effective Date") between IESI TX Corporation, a Texas corporation ("IESI"), and the City
of Kennedale, Texas,a Texas municipality(the
RECITALS:
WHEREAS, IESI owns and operates a Type IV solid waste landfill facility known as
"Fort Worth C&D Landfill"located in the City(the"Landfill"); and
WHEREAS, the City desires to grant full and unrestricted access to IESI, and its
customers, contractors, subsidiaries and affiliates,to travel upon and transport waste to and from
the Landfill using Business Highway 287 and both the north and south approaches on Dick Price
Road on the terms and conditions contained herein,
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein,the parties hereto agree as follows:
1. Right of Usage. The City hereby grants full and unrestricted access to IESI, and
its customers, contractors, subsidiaries and affiliates, to travel upon and transport waste to and
from the Landfill on Business Highway 287 and both the north and south approaches on Dick
Price Road.
2. Ro al . In consideration of the right of usage described in Section 1 above and
for as long as such right of usage exists and the landfill remains open, IESI hereby agrees to pay
the City a royalty of$0.25 per ton of waste accepted by IESI for disposal at the Landfill on or
after the Effective Date. Payments of royalty for each month shall be due and payable to the
City on the 15th day of the following month. Simultaneously with making any payment of
royalty hereunder, IESI shall deliver to the City a statement setting forth the amount of all waste
accepted for disposal at the Landfill during the applicable month for which such payment is
made and IESI's calculation of such payment. It is understood and agreed that in the event any
other municipality or governmental agency or authority shall claim any power, authority or
jurisdiction to restrict the right of usage granted herein or to claim all or any portion of the
royalty granted herein to the City, IESI shall have the right to immediately terminate this
Agreement.
The royalty fee provided above shall be subject to annual adjustments. Beginning
February 1, 2009 the royalty will be adjusted annually to reflect changes in the cost of
operations, as reflected by percentage change in the Consumer Price Index (CPI) for Urban
Wage Earners and Clerical Workers (all items) for the Dallas-Fort Worth Metropolitan Area as
published by the U.S. Department of Labor, Bureau of Labor Statistics. The measured increase
will span a twelve month period(beginning August 1 and ending July 31) immediately preceding
the rate adjustment date.
W:%Kennedale\Agmements\Usage Agreement-Fort Worth C D Landfill.final.doc(12-19-07) 1
3. Release of Liability. Notwithstanding anything to the contrary contained herein,
IESI shall not be liable to the City or any other party for ordinary wear and tear caused to the
City's roadway system, including Business Highway 287 or Dick Price Road, resulting from
IESI or any of its customers, contractors, subsidiaries and affiliates use of the access to the
Landfill.
4. Compliance with applicable law. IESI hereby agrees to comply with all
applicable federal, state, and local law in connection with this Agreement.
5. INDEMNIFICATION. IESI COVENANTS AND AGREES TO FULLY
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY'AND ALL
CLAIMS, DEMANDS, SUITS, ,JUDGMENTS, COSTS AND EXPENSES (INCLUDING
ATTORNEYS' FEES) FOR PROPERTY DAMAGE OR LOSS, AID/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, CAUSED BY THE
NEGLIGENT USE OF OR NEGLIGENT OPERATON OF VEHICLES ON BUSINESS
HIGHWAY 287 AND DICK PRICE ROAD BY IESI, ITS SUBSIDIARIES AND
AFFILIATES PURSUANT TO THIS AGREEMENT.
6. Applicable Law, Venue. This Agreement will be deemed to be a contract made
under the laws of the State of Texas, and for all purposes will be governed by, and interpreted
and construed in accordance with, the laws of the State of Texas, without regard to principles of
conflict of laws thereof The parties agree that venue in any suit,action or proceeding arising out
of or relating to this Agreement shall be in Tarrant County,Texas.
7. Counte arts. This Agreement may be executed in several counterparts, each of
which when so executed will be deemed to be an original and all of which will together
constitute one and the same agreement.
8. Entire Agreement. The terms and provisions of this Agreement constitute the
entire agreement between the parties with respect to the subject matter hereof, and there are no
collateral or contemporaneous agreements other than as expressly set forth or referred to in this
Agreement. This Agreement supersedes any other agreement, whether written or oral, that may
have been made or entered into by the parties hereto relating to the matters contemplated hereby.
9. Successors and Assigns. This Agreement will inure to the benefit of and be
binding upon the parties and their respective successors and assigns.
wwennedaimgreementswsage Agreement-Fort Worth C D Landtill,Fnal.doc(12-19••07) 2
Ilia WITNESS WHEREOF, the undersigned have executed this Agreement as of the
Effective Date.
IESI TX CORPORATION,
a Texas corporation
r r
By: -
Na
Title.
THE CITY OF KENNEDALE,TEXAS
B b
Name: Bob Ha
Title: City Manager
W:xKcnnedalc\Agreementskusage Agreement-Fort Worth C D Landflll.final.doc(12-19.47) 3
AMENDMENT AND RENEWAL AGREEMENT
This Amendment and Renewal Agreement(the"Amendment') is entered into this
3 day of OCIOBE& 2012 by and between Progressive Waste Solutions
of TX, Inc. (the"Contractor") and the City of Kennedale,Texas (the
RECITALS:
WHEREAS, the City and IESI TX Corporation entered into a
Consolidated Contract for Residential and Commercial Solid Waste & Recycle
Collection dated as of November 1,2007 (the"Contract");
WHEREAS, on June 20, 2012 IESI TX Corporation changed its name to
Progressive Waste Solutions of TX,Inc.;
WHEREAS, the Contract between the Contractor and the I City is to
terminate as of January 31,2013; and
WHEREAS, the Contractor and the City mutually desire to amend and
renew the Contract as further described herein.
AGREEMENT:
NOW, THEREFORE, and in consideration of the premises and such
other lawful consideration,the receipt and sufficiency of which each of the parties
hereto acknowledge,the parties agree as follows:
1. Term. Pursuant to Section 2 of the Contract, the term of the Contract is
hereby extended for an additional five (5) year period beginning on February
1, 2013 thereby extending the termination date of the Contract to January 31,
2018.
2. Definitions. The following definition is hereby added to Section 3 of the
Contract:
"Contract Year: A one year period beginning on February 1 and ending on
January 31,"
3. Annual Donation. The following is hereby added to the Contract as Section
4.B.(13):
"Keep Kennedale Beautiful: During each Contract Year of the Contract,
beginning February 1, 2013, the Contractor shall donate $2,000,00 to the City
to assist the City in keeping Kennedale beautiful."
4. Attachment A. Attachment A of the contract is hereby deleted in its entirety
and replaced with the attached Attachment A.
5. Reaffirmation. The parties hereby reaffirm their agreement with all the terms
and provisions of the Contract, as amended by this Amendment.
6, Entire Agreement. The Contract together with this Amendment represents the
entire agreement among the parties with respect to the matters that are the
subject hereof.
7. Counter arts: Facsimile Signatures. The Amendment may be executed in
counterparts, each of which shall be deemed an original, but all of which shall
collectively constitute one and the same instrument representing this
Amendment between the parties hereto, and it shall not be necessary for the
proof of this Amendment that any party produce or account for more than one
such counterpart. Facsimile signatures shall be given the same force and effect
as original signatures and shall be treated for all purposes and intents as
original signatures.
IN WITNESS WHEREOF, the undersigned have executed this
Amendment as of the date first written above.
PROGRESSIVE WASTE
CITY OF KENNEDALE,TEXAS SOLUTIONS OF TX,INC.
405 Municipal Drive 2301 Eagle Pkwy, Ste.200
Kenn e, 7606 Fort Worth,TX 76177
By: By:
Name: Vn Gusta son,Vic resident
Title:`C.ti�u M4&%&gAP'
ATTACHMENT "A"
_ PROGRESSIVE WASTE SOLUTIONS OF TX, INC.
4001 Old Denton Rd,Haltom City,Texas 75117
Progressive
Contact; Bob Knels;District Manager
Waste Solutions Phone; (817)222-2221
City of KennedaEle
RATES SHEET
Effective:41112010
RESIDENTIAL CURBSIDE COLLECTION: $8.60 per month,per Single-Family Residential Unit
COMMERCIAL HAND COLLECT: $19.14 1X per week(includes 96 gallon cart),
per month,per commercial premise
$26.60 2X per week(includes 96 gallon cart),
per month,per commercial premise
MONTHLY COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week (Charge Per Additional Lift)
S
$203
$3456
2.0
111 58.$$1D5,94 2 $2D00, 7.91 $385.3
03 2 $.91 $40215$195.77 $16 .06 296.71
$223.86 $293.56 $364.79 $427.01$198.79 $267.83 $351.43 $445.43 $507.90
$554.09$248.81 $345.27 $449.06 $509.15
MONTHLY FRONT LOAD COMPACTOR RATES(Negotlable) (Charge Per Additional Lift)
J }
Containers w!Casters $37.23 per month
Containers w!Locks or Gates $8.61 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
SIZE HAIIJL 1311LIVIERY r. 1 ,.¢ O-
$250.55 1 $90.421 $4.52 $26.59 per ton 1 $74.46
$250.661 $90.42 $4.52 $28,59 per ton $74.46
+
$260.551 $90.421 $4.52 $26.59 Parton $74.46
Franchise and Billing Fees:
Residential; 10.0%
Commercial; 10.0%
'All rates are Inclusive of all franchise and billing fees
SECOND AMENDMENT TO CONTRACT
This Second Amendment to Contract (the "Second Amendment") is entered
into as of the 14'11 day of May, 2015 to be retroactively effective as of April 1, 2015, by
and between the City of Kennedale, Texas, a municipal corporation of Tarrant County,
Texas (the "City") and Progressive Waste Solutions of TX, Inc., a Texas corporation(the
"Contractor").
RECITALS:
WHEREAS, the City and IESI TX Corporation entered into a Consolidated
Contract for Residential and Commercial Solid Waste and Recycle Collection dated as of
November 1, 2007 (the"Agreement"); and
WHEREAS, the City and IESI TX Corporation entered into an Amendment to
Contract with an effective date of March 1, 2011 (the "First Amendment", with the
Agreement, collectively referred to as the "Contract");
WHEREAS, on June 20, 2012, IESI TX Corporation changed its name to
Progressive Waste Solutions of TX, Inc.; and
WHEREAS, the City and Contractor desire to amend and extend the Contract as
more fully described herein.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and in the Contract,the City and Contractor hereby agree as follows:
1. Term. The parties hereby agree to amend Section 2 of the Contract by
extending the termination date of the Contract to January 31, 2020. This Agreement may
be renewed for two (2) successive terms of five (5)years by mutual consent of the parties
hereto.
2. Recycling Container. The definition of"Recycling Container" in Section
3.P. of the Contract is hereby deleted in its entirety and replaced with the following:
"Recycling Container: A container with at least sixty-five (65) gallons of capacity
that is provided by the Contractor for each residential customer to utilize for the
collection of Recyclable Materials."
3. Duties and Obligations of Single-Family Residential Unit. The following
sentence is hereby added to Section 4.A(10) of the Contract:
"Each residential customer shall place all Recyclable Materials in its designated
Recycling Container,"
.t .
t
IN WITNESS WHEREOF, the undersigned have executed this Second
Amendment as of the 14"'day of May, 2015.
PROGRESSIVE WASTE SOLUTIONS CITY OF KENNEDALE, TEXAS
OF TX, INC.
B By:
ir
A.AmyJchberger, sst. Secr ry Name: ' sv
Title: Mayor
ATTEST;
f�� By;
K NE0,4��i,� Name: QQL�-�T . -
"� '• �`�1 Title: City Secretary
3
'
a Progressive Waste Solutions of TX, Inc.
4001 Old Denton Rd,Haltom City,Texas 76117
Prrrr���r
s 'v Contact: Marty Grant;District Manager
Waste Solutions Phone: (817)222-2221
City of KENNEDALE
RATE SHEET
Effective:July 2014 BILLING
RESIDENTIAL CURBSIDE COLLECTION: $8.89 per month,per Single-Family Residential Unit
CURBSIDE RECYCLING: $3.60 per month,per Single-Family Residential Unit started April 2015
COMMERCIAL HAND COLLECT: 519.76 per month,per Commercial Hand Collect Unit
$27.50 per month,per Commercial Hand Collect Unit
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
SIZE
72.60 E205.50 149,19 206.82' 297.63 398.34 26.91 Residential is billed thru the City
77.34 165.46 209.76 306.73 415.73 37.01
102.09 231.41 303.47 377.10 441.42 47.10 Commercial we bill-Co
129.49 276.87 363.30 460.47 525.05 53.81 004 Sry Area is KND
154.32 356.92 46Q.21 526.34 572,79 60.54
FRONT LOAD COMPACTOR RATES*(Negotiable)
Containers w/Casters $ 36.49 per month
Containers wl Locks or Gates $ 8.79 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
SIZE HAUL bgLIVERY DAILY RENT TONNAGE
259.01 93.47 4.68 27.49 76.97
i 259.01 93.47 4.68 27.49 76.97 Roll Off we bill-Co 0004
i 259.01 93.47 4.68 27.48 76.97 Sry Area is KND
Franchise and Billing Fees:
Residential: 10,0%
Commercial: 10.0%
•All rates are Inclusive of all franchise and billing fees
Rates do not include any Sales Tax
`Rates do not include any Fuel Surcharges
THIRD AMENDMENT TO CONTRACT
This Third Amendment to Contract (the "Third Amendment") is entered into effective
June 1, 2017, by and between the City of Kennedale, Texas, a municipal corporation of Tarrant
County, Texas (the "City") and Waste Connections, Inc., a Texas corporation (the "Contractor").
RECITALS:
WHEREAS, the City and IESI TX Corporation entered into a Consolidated Contract for
Residential and Commercial Solid Waste and Recycle Collection dated as of November 1, 2007
(the "Original Contract"); and
WHEREAS, on June 20, 2012, IESI TX Corporation changed its name to Progressive
Waste Solutions of TX, Inc.; and
WHEREAS, the City and Progressive Waste Solutions of TX, Inc. entered into an
Amendment to Contract with an effective date of October 3, 2012 (the "First Amendment") and
a Second Amendment to Contract with an effective date of April 1, 2015 (the "Second
Amendment") (with the Original Contract, the First Amendment and Second Amendment
collectively referred to as the "Contract"); and
WHEREAS, on June 1, 2016, Progressive Waste Solutions Ltd. and Waste
Connections, Inc. completed a merger transaction and now operate under the name Waste
Connections, Inc.; and
WHEREAS, the City and the Contractor desire to amend the Contract, as more fully
described herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and in the Contract, the City and the Contractor hereby agree as follows:
1. Rate Sheet. The Rate Sheet attached to the Contract is hereby deleted in its
entirety and replaced with the Rate Sheet attached hereto as Exhibit "A.°
2. Reaffirmation. The parties hereby restate and reaffirm their agreement with all
of the terms and provisions of the Contract, as amended hereby.
3. Counterparts; Facsimile Signatures. This Third Amendment may be executed in
any number of counterparts, each of which shall be deemed an original, but all of
which collectively shall constitute one and the same instrument representing this
amendment between the parties hereto, and it shall not be necessary for the
proof of this amendment that any party produce or account for more than one
such counterpart. Facsimile signatures shall be given the same force and effect
as original signatures and shall be treated for all purposes and intents as original
signatures.
IN WITNESS WHEREOF, the undersigned have executed this Third Amendment as of
the date first written above.
W:1Kennedalelagreementslsolid waste collectioWhird Amendment(05105/2017) Page 1
CITY OF KENNEDLAE, TEXAS WASTE CONNECTIONS, INC.
405 Municipal Drive 4001 Old Denton Rd.
Kennedale, TX 76060 Haltom City, TX 76117
By: By: -
Name: Name:
Title: Title:
WAKennedale%agreementslsolid waste collectionUhird Amendment(05105/2017) Page 2
WASTE CONNECTIONS,=
4001 Old Denton Rd,Haltom City,Texas 76117
Contact: Marty Grant;District Manager
Phone: (817)222.2221
City of KENNE®A><LE
RATE SHEET
Effective:June 2017 BILLING
RESIDENTIAL CURBSIDE COLLECTION: $9.15 per month,per Single-Family Residential Unit
CURBSIDE RECYCLING: $3.67 per month,per Single-Family Residential Unit
COMMERCIAL HAND COLLECT: $24.37 per month,per Commercial Hand Collect Unit
$28.33 per month,per Commercial Hand Collect Unit
COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week
SIZE
74.78 112.81 153.67 213.02 306.56 410.29 27.72
79.66 127.53 170.42 216.05 315.93 428.20 38.12
+ 105.15 156.69 238.35 312.57 386.41 454.66 48.51
133.37 211.67 285.16 374.20 474.28 $40.80 55.42
+ 158.95 264.93 367.63 478.14 542.13 589.97 62.36
FRONT LOAD COMPACTOR RATES*(Negotiable)
Containers wl Casters $ 39.64 per month
Containers wl Locks or Gates $ 9.05 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
SIZE FKAUL_ ■ ■ ■ DRY-RUNS
i 266.78 96.27 4.82 28.$1 E E79.28 266.78 96.27 4.82 28.31 266.78 96.27 4.82 28.31
Franchise and Billing Fees:
Residential: 10.0%
Commercial: 10.0%
"All rates are inclusive of all franchise and billing fees
Rates do not Include any Sales Tax
*Rates do not include any Fuel Surcharges
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
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: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from the City Council
II. Originated by:
III. Summary:
Updates and information from Council members.
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: May 15, 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: May 15, 2017
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager
II. Originated by:
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: May 15, 2017
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Monthly Financials—April 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. April Revenue 017 04 Monthly Financials. df
2. April Expenses 2017 04 Monthly Financials2. df
3. April Sales Tax Sales Tax U date. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
APRIL
REVENUE SUMMARY BY FUND
FY15-16 FY15-16 CURRENT FY16-17 %OFPYACTUAL %OFCYBUDGET BUDGET
REVENUES YTD ACTUAL MONTH YTD EARNED EARNED REMAINING
GENERAL FUND $ 4,512,682 $ 6,360,884 $ 6,201,455 $ 263,208 $ 4,615,653 70.9% 74.4% $ 1,585,802
OTHER GENERAL FUNDS $ 533,388 $ 1,572,545 $ 1,645,165 $ 41,974 $ 527,840 33.9% 32.1% $ 1,117,325
GENERAL FUND $ 5,046,070 $ 7,933,428 S 7,846,620 $ 305,182 $ 5,143,493 63.6% 65.6% 5 5,143,493
GENERAL DEBT SERVICE FUND $ 1,228,722 $ 1,360,493 $ 1,370,311 $ 131,974 $ 1,225,067 90.3% 89.4% $ 145,245
WATER/SEWERFUND $ 2,000,956 $ 6,038,341 $ 4,991,835 $ 358,081 $ 2,455,450 33.1% 49.2% $ 2,536,385
STORMWATER UTILITY FUND $ 135,865 $ 242,743 $ 491,826 $ 21,297 $ 240,964 56.0% 49.0% $ 250,862
WATER IMPACT FUND $ 50,047 $ 186,468 $ 68,658 $ 17,629 $ 65,659 26.8% 95.6% $ 2,999
SEWER IMPACT FUND $ 13,113 $ 58,300 $ 28,315 $ 7,271 $ 19,591 22.5% 69.2% $ 8,724
WATERISEWER FUND $ 2,199,981 $ 6,525,853 $ 5,580,634 $ 404,278 $ 2,781,664 33.7% 49.8% $ 2,798,970
EDC4BFUND $ 259,670 $ 627,660 $ 933,227 $ 38,861 $ 259,730 41 A% 27.8% $ 673,497
CAPITAL FU NO $ 384A62 $ 860,623 124,020 $ 19A37 $ 73A60 44.7% 59.2% $ 50,560
SPECIAL REVENUE FUND $ 55,350 $ 300,088 i 151,223 $ 703 $ 93,592 18.4% 61.9% $ 57,630
TOTALREVENUES 17,608,145 ii.
EXPEN DITURE SUMMARY BY FUND
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 %OFPYBUDGET %OFCYBUDGET BUDGET
EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
GENERAL FUND $ 3,450,527 $ 5,895,262 $ 6,489,307 $ 4,632,334 $ 3,426,328 58.5% 52.8% $ 3,062,979
OTHER GENERAL FUND $ 812,259 $ 1,190,478 $ 1,521,565 $ 17,133 $ 971,560 68.2% 63.9% $ (971,560)
GENERAL FUND $ 4,262,786 $ 7,085,740 $ 8,010,872 $ 4,649,467 $ 4,397,888 60.2% 54.9% $ 4,397,888
GENERAL DEBT SERVICE FUND $ 1,127,326 $ 5,079,006 $ 1,365,627 $ 122,159 $ 1,176,841 22.2% 86.2% $ 188,786
WATER/SEWERFUND $ 2,379,576 $ 4,421,886 $ 4,829,775 $ 266,264 $ 2,131,789 53.8% 44.1% $ 2,697,986
STORMWATER UTILITY FUND $ 42,856 $ 130,137 $ 571,157 $ - $ 93,480 32.9% 16.4% $ 477,677
WATER IMPACTFUND $ - $ 171,200 $ 154,415 $ - $ - 0.0% 0.0% $ 154,415
SEWERIMPACTFUND $ - $ - $ 60,000 $ - $ - 0.0% $ 60,000
WATER7SEWERFUND $ 2A22,432 $ 4,723,224 $ 5,615,347 $ 266,264 $ 2,225,269 51.3% 39.6% $ 3,390,078
EDC4B FUND $ 447,070 $ 718,004 $ 803,880 $ 231,242 $ 445,974 62.3% 55.5% $ 357,907
CAPITAL FUND $ 379,272 $ 536,850 $ 216,239 $ 1,915 $ 89,081 70.6% 41.2% $ 127,158
SPECIAL REVENUE FUND $ 69,588 $ 254,518 $ 151,222 $ - $ 94,361 27.3% 62.4% $ 56,862
TOTAL EXPENDITURES 18,397,341 $ 16,163,187 47.3% 52.2% 8,518,679
"YOU'RE HERE.YOUR HOME."
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
APRIL
EXPENDITURE SUMMARY BY DEPARTMENT
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 %OFPYACTUAL %OFCYBUDGET BUDGET
GENERALFUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
CITYMANAGER $ 166,100 $ 291,243 283,123 $ 21,276 $ 204,386 57.0% 72.2% $ 78,737
MAYOR/CITY COUNCIL $ 47,763 $ 94,108 $ 140,157 $ 1,676 $ 50,897 50.8% 36.3% $ 89,260
CITY SECRETARY $ 77,257 $ 136,655 $ 160,328 $ 12,574 $ 78,439 56.5% 48.9% $ 81,889
MUN ICIPAL COURT $ 49,718 $ 121,408 $ 121,230 $ 6,010 $ 56,220 41.0% 46.4% $ 65,010
HUMAN RESOURCES $ 69,606 $ 119,141 $ 122,616 $ 8,057 $ 72,291 58.4% 59.0% $ 50,326
FINANCE $ 210,706 $ 312,129 $ 296,688 $ 10,092 $ 192,825 67.5% 65.0% $ 103,863
POLICE $ 1,249,238 $ 2,093,230 $ 2,381,270 $ 214,677 $ 1,261,538 59.7% 53.0% $ 1,119,732
FIRE $ 985,634 $ 1,692,949 $ 1,826,031 $ 128,310 $ 942,292 58.2% 51.6% $ 883,739
COMMUNITY DEVELOPMENT $ 211,570 $ 409,154 $ 332,442 $ 22,610 $ 158,114 51.7% 47.6% $ 174,327
SENIOR CITIZEN CENTER $ 24,134 $ 48,148 $ 54,612 $ 6,092 $ 26,934 50.1% 49.3% $ 27,678
LIBRARY $ 139,176 $ 251,830 $ 259,591 $ 21,400 $ 150,152 55.3% 57.8% $ 109,439
NONDEPARTMENTAL $ 219,623 $ 325,268 $ 511,218 $ 10,460 $ 232,241 67.5% 45.4% $ 278,977
TOTAL EXPENDITURES $ 3,450,527 $ 5,895,262 $ 463,234 $ 3,426,328 58.5% 52.8% $ 3,062,979
FY15-16 FY15-16 FY76-17 CURRENT FY16-17 %OFPYBUDGET %OFCYBUDGET BUDGET
WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
UTILITY BILLING $ 579,576 $ 1,210,463 $ 1,704,198 $ 106,259 $ 487,918 47.9% 28.6% $ 1,216,280
WATER OPERATIONS $ 825,020 $ 1,181,360 $ 1,477,946 $ 100,990 $ 680,629 69.8% 46.1% $ 797,318
DEBT $ 450,087 $ 170,941 $ 511,309 $ - $ 461,034 263.3% 90.2% $ 50,274
W&S CAPITAL $ - $ - $ 301,850 $ - $ 46,397 15.4% $ 255,453
NONDEPARTMENTAL $ 524,892 $ 1,859,122 $ 834,472 $ 59,015 $ 455,810 28.2% 54.6% $ 378,661
TOTAL EXPENDITURES $ 2,379,576 $ 4,421,886 ? ,°5 $ 266,264 $ 2,131,789 53.8% 44.1% $ 2,697,986
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 %OFPYBUDGET %OFCYBUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
STREETS $ 636,999 $ 939,911 $ 712,452 $ 41,560 $ 363,467 67.8% 51.0% $ 348,985
PARKS MAINTENANCE $ 66,636 $ 124,202 $ 116,409 $ 6,179 $ 43,150 53.7% 37.1% $ 73,259
CAPITAL $ - $ - $ 366,032 $ - $ 281,935 77.0% $ 84,097
TOTAL EXPENDITURES $ 703,635 $ 1,064,114 $ 1,194,893 $ 47,740 $ 688,551 66.1% 57.6% $ 506,342
FY15-16 FY15-16 FY16-17 CURRENT FY16-17 %OFPYBUDGET %OFCYBUDGET BUDGET
EDC46FUNDS YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
ADMINISTRATION $ 99,967 $ 335,951 $ 270,167 $ 17,778 $ 115,799 29.8% 42.9% $ 154,367
DEBT SERVICE $ 300,401 $ 318,692 $ 323,419 $ 208,900 $ 300,678 94.3% 93.0% $ 22,740
TOWN SHOPPING CENTER $ 27,962 $ 44,622 $ 120,295 $ 3,484 $ 28,416 62.7% 23.6% $ 91,879
TOWNCENTER REDEVELOPMENT $ - $ - $ 90,000 $ 1,080 $ 1,080 1.2% $ 88,920
TX LEVERAGE $ 18,739 $ 18,739 $ - $ - $ - 100.0% 0.0% $
TOTAL EXPENDITURES $ 447,070 $ 718,004 $ 803,880 $ 231,242 $ 445,974 62.3% 55.5% $ 357,907
"YOU'RE HERE.YOUR HOME."
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 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: May 15, 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. Balanced Scorecard April 2017 lKennedale Strategy Map Aril 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: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of minutes from April 17, 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----Fc—itY Council Meeting Minutes -April 17, 2017 -17-17. 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
April 17, 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 5:35 p.m.
II. WORK SESSION
A. Discuss the amendment to the Wastewater Service Agreement with the City of Fort Worth
Public Works Director Larry Ledbetter provided background information on the City of Fort Worth
impact fees. He stated that Fort Worth passed an ordinance in December 2016 adopting their
new impact fees. Larry stated that our ordinance says we will assess Fort Worth impact fees by
contract. We have created an ordinance adopting the new Fort Worth impact fees, rather than
amending that original ordinance. It was noted that we have to adopt the new fees, as we get
water from Fort Worth.
Councilman Turner asked if this is a pass-through fee with nothing else added. Larry
replied yes; adding that none of the customer cities are pleased with the increase, as they are
assessing their own impact fees, and then they have to add Fort Worth's on top of that. He
noted that impact fees are assessed at the time of platting. Councilman Turner questioned
if new connections get this fee, or just new developments? Larry replied that it would be
whatever impact fees were in effect at the time of platting, as long as you do not replat.
Larry Ledbetter provided a power point presentation. In closing, he stated that anything platted
after April 1, 2017, will be assessed under the new Fort Worth impact fees, which all goes
directly to Fort Worth.
B. Discussion of items on regular agenda
No items were discussed at this time.
III. REGULAR SESSION
Mayor Johnson opened the regular session at 7:00 p.m.
IV. ROLL CALL
Present: Frank Fernandez, Brian Johnson Kelly Turner, Liz Carrington, Charles Overstreet,
Michael Walker
Absent: None
405 Municipal Drive, Kennedale, TX 76060 Telephone: 817-985-2100 1 Fax: 817-478-7169
V. INVOCATION
Pastor Greg Adams from Covenant Life Baptist Church provided the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
VII. VISITOR/CITIZENS FORUM
Randall Rejcek, 4920 Eden Road South, stated that he frequently travels Eden Road between
Mansfield Cardinal and the curve where RediMix is. He added that the road is really rough
and needs to be fixed. He is requesting that the Council take a look at it.
Michael Chandler, 700 E Kennedale Parkway, stated that he is the Chair for Keep Kennedale
Beautiful (KKB), and wanted to invite everyone to the citywide cleanup day this Saturday morning.
They start at 8 a.m. at TownCenter Park, where they will be divided into teams for the cleanup. At
noon, the KKB will have a cookout for all the participants.
VIII. REPORTS/ANNOUNCEMENTS
A. Updates from the City Council
Frank Fernandez stated that he attended the Mayor's Council meeting to make sure we get our
$165,000 again this year. One thing they spoke about was domestic abuse, and specifically
mentioned that murder/suicide in Kennedale. The DA is putting together a special task force to
prosecute those cases. He added that he went with the Chamber to Austin for Legislative Day.
Liz Carrington stated that she was working with Aaron Hoff and the Trinity River Authority
(TRA) on the remediation of Lake Arlington.
B. Updates from the Mayor
Mayor Johnson thanked Frank Fernandez and Jeff Nevarez for filling in for him at the Mayor's
Council meeting. He stated that he attended the Southeast Tarrant Transportation Partnership
(SETTP) meeting, which is a group that looks at transportation issues in Southeast Tarrant
County. They had a presentation from the Council of Government on their 2040 mobility
plan. Additionally, he and Rachel Roberts attended the Tarrant Regional Transportation
Coalition (TRTC).
Inclosing, he encouraged everyone to attend the Cleanup day this weekend.
C. Updates from the Interim City Manager
There were no updates from the City Manager.
IX. MONITORING INFORMATION
A. Monthly Financials — March 2017
B. Executive Limitations
C. Ends Review— Balanced Scorecard
Monitoring information updates are in the agenda packet for review.
Page 2of5
X. INCIDENTAL ITEMS
A. Presentation of the Silver Integrated Stormwater Management (iSWM) Certification
Derica Peters from the North Central Texas Council of Governments presented the City of
Kennedale's Public Works Department with the Silver Integrated Stormwater Management
Certification (iSWM). She stated that she was happy to announce Kennedale as a silver
participant in the iSWM program. The focus of this program is on low impact development and
green infrastructure to reduce stormwater runoff that results in stream bank erosion and flood
mitigation; and to increase water quality as a cumulative effect with the regional water quality
monitoring plan.
Ms. Peters commended the City of Kennedale on their environmental stewardship and
presented the City with a street sign and a plaque. He stated that Kennedale was one fourteen
cities that have implemented the iSWM standards, and under this program Kennedale
joins Denton, Frisco, and Grand Prairie with silver certification.
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Consider approval of minutes from March 20, 2017 regular meeting
B. Approve Schedule of Investment Activity for quarter ending March 31, 2017
C. Review the annual financial disclosure report
D. Consider approval of Resolution 506 to suspend the effective date for the 2017 Oncor Rate
Case
E. Consider approval of a construction project with Tejas Commercial Construction LLC for
drainage improvements at 1033 Estates Drive
Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved
By Charles Overstreet, Seconded By Liz Carrington.
Motion passed Unanimously
XII. DECISION ITEMS
A. Consider approval of Ordinance 626 imposing City of Fort Worth System Facility Access
Fees
Public Works Director Larry Ledbetter stated that in accordance with our water and wastewater
contact, we are required to collect the impact fees set by the City of Fort Worth. Kennedale has
a current ordinance for our own impact fees; however, we opted to create a new ordinance to
adopt the City of Fort Worth fees. Larry stated that when a property is platted, whatever impact
fees are in effect at that time are imposed upon those properties. The fees charged by Fort
Worth are considered pass-through fees, which we are obligated to collect.
City Attorney Wayne Olsen added that the legislature is very strict on how impact fees can be
set and that there is a very precise formula. The city has to pay for the cost to expand the
system; therefore, cities can either pass that along to current residents or put that cost
Page 3of5
onto developers of new housing, which is what an impact fee does. This ordinance allows the
city to pass this cost onto the developer.
Larry Ledbetter provided a power point presentation that explained the increase implemented by
the City of Fort Worth and how it will be phased in over three years.
Motion To approve Ordinance 626 imposing City of Fort Worth System Facility Access Fees.
Action Approve, Moved By Kelly Turner, Seconded By Charles Overstreet.
Motion passed Unanimously
XIII. EXECUTIVE SESSION
Mayor Johnson recessed into executive session at 7:23 p.m.
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.
B. 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.Discuss and consider an employment agreement for the appointment of a City Manager
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Mayor Johnson reconvened into open session at 7:54 p.m.
A. Consider approval of employment agreement to appoint George Campbell as City Manager,
effective April 1, 2017
Motion To approve the Mayor to negotiate and execute an employment contract with George
Campbell for the City Manager position. Action Approve, Moved By Charles Overstreet,
Seconded By Michael Walker.
Motion passed Unanimously
XV. ADJOURNMENT
Motion To adjourn. Action Adjourn, Moved By Liz Carrington, Seconded By Kelly Turner.
Motion passed Unanimously
The meeting was adjourned at 7:55 p.m.
Page 4of5
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: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of an Interlocal Agreement with Tarrant County for the reconstruction of approximately
430 feet of pavement at Everman-Kennedale-Burleson Road
II. Originated by:
III. Summary:
Tarrant County, Precinct 2 will soon begin rebuilding a portion of Everman-Kennedale-Burleson Road,
430 feet of which falls within the Kennedale city limits. The city wishes to participate in the reconstruction,
as the contract allows, and the budget provides for the reconstruction through an interlocal government
agreement with Tarrant County. This agreement is financially structured the same as recent prior
agreements—with the city purchasing the materials and the county providing the necessary labor and
equipment.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Tarrant Count Interlocal Agreement ILA Tarrant Co -EKB. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
THE STATE OF TEXAS
INTERLOCAL AGREEMENT
COUNTY OF TARRANT
This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of
Kennedale ("CITY").
WHEREAS, the CITY is requesting the COUNTY's assistance with the reconstruction of
Everman-Ken nedale-Burleson Road at a width of 25 feet and a length of approximately 430 feet
(the"Project").
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the parties to enter into this Agreement; and
WHEREAS,during the performance of the governmental functions and the payment for the
performance of those governmental functions under this Agreement, the parties will make the
performance and payment from current revenues legally available to that party; and
WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY
each make the following findings:
a. This Agreement serves the common interests of both parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates both parties to this Agreement; and
d. The CITY and the COUNTY have authorized their representative to sign this
Agreement; and
e. Both parties acknowledge that they are each a "governmental entity" and not a
"business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and
therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section
2252.908 is required.
NOW, THEREFORE, the COUNTY and the CITY agree as follows:
TERMS AND CONDITIONS
I. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project.
The reconstruction will consist of the following:
1.1 Stabilize and compact sub-grade at a depth of ten (10) inches;
1.2 Apply asphalt emulsion prime coat;
1.3 Place and compact three(3) inches of Type B Hot Mix Asphalt Concrete; and
1.4 Place and compact two (2) inches of Type D Hot Mix Asphalt Concrete.
2. CITY RESPONSIBILITY
21 CITY will furnish all materials for the Project and pay trucking charges.
2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials
generated during this Project.
2.3 CITY will furnish all rights of way, plan specifications and engineering drawings.
1
2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect
traffic flow to alternate lanes during the construction phase of the Project; and
2.5 CITY will provide temporary driving lane markings.
2.6 CITY will ensure that the Project is cleared of obstructions which could damage
COUNTY equipment during construction.
2.7 CITY will verify the location of all utility locations, mark those locations and then
remove the utilities that will interfere with the progress of the Project.
2.8 CITY will provide any soil lab testing needed for the Project.
3. PROCEDURES DURING PROJECT
COUNTY retains the right to inspect and reject all materials provided for this Project.
If the CITY has a complaint regarding the construction of the Project, the CITY must complain in
writing to the COUNTY no later than 30 days of the date of Project completion. Upon expiration of
30 days after Project completion, the CITY will be solely responsible for maintenance and repairs
of the approximately 430 feet of Everman-Kennedale-Burleson Road located within the City of
Kennedale.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This
Agreement does not waive CITY rights under a legal theory of sovereign immunity.
5. OPTIONAL SERVICES
5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated
through the Transportation Department. Application of striping by the COUNTY is
limited to Project roadways. If the CITY desires permanent striping applied to any
roadways or portions of roadways not covered by this Agreement, the CITY will
need to enter into a separate agreement with the COUNTY for the provision of
those services
5.2 If necessary, the CITY will furnish flag persons.
5.3 if required, the CITY will pay for engineering services, storm water run-off plans,
and continuation of services and plan.
6. TIME PERIOD FOR COMPLETION
The CITY will give the COUNTY notice to proceed at the appropriate time. However,the COUNTY
is under no duty to commence construction at any particular time.
7. THIRD PARTY
The parties do not enter into this Agreement to protect any specific third party. The intent of this
Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement
do not consent to the waiver of sovereign immunity under Texas law to the extent any party may
have immunity under Texas law.
8. JOINT VENTURE & AGENCY
The relationship between the parties to this Agreement does not create a partnership or joint
venture between the parties. This Agreement does not appoint any party as agent for the other
party.
2
9. EFFECTIVE DATE
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed.
10. TERMINATION OF AGREEMENT
This Agreement will automatically terminate upon completion of the Project or September 30, 2017,
whichever date occurs first. This Agreement may be renewed prior to its expiration upon the mutual
consent of the parties in writing.
TARRANT COUNTY, TEXAS CITY OF KENNEDALE
i
i
COUNTY JUDGE Authorized City Official
Date: Date:
COMMISSIONER, PRECINCT 2
Andy Nguyen
Attest: Attest:
APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY
Criminal District Attorney's Office* City Attorney
* By law, the Criminal District Attorney's Office
may only approve contracts for its clients. We
reviewed this document as to form from our
client's legal perspective. Other parties may not
rely on this approval. Instead those parties should
seek contract review from independent counsel
3
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE MAYOR & CITY COUNCIL
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (C)
I. SUBJECT
CASE # PZ 17-06 to consider approval of a request by Guindolen Anderson for a final
plat of the Anderson Addition for approximately 4.991 acres, as described in a deed
to Joe Anderson, recorded in Volume 14436, Page 7, DRTC, located at the corner of
Jonah and Susan Rds. The plat will create six R-3 single family residential lots.
II. SUMMARY
This staff report describes the current status of the property, 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 regulations for plats must be approved. Staff's assessment, provided below, is
that the plat meets all requirements for approval.
BACKGROUND OVERVIEW
Request Final plat
Applicant Guindolen Anderson (property owner)
403 and 421 Susan -- the corner of Jonah Rd and Susan Rd, in a
Location residential neighborhood off Dick Price Rd near the western city
limits
Surrounding Uses Single family residential
Surrounding Zoning R-3 single family residential
Future Land Use Plan
Neighborhood
Designation
Staff Recommendation Approve
Planning & Zoning Commission
Recommendation Approve
CURRENT STATUS OF •
The property was developed in the 1970s before it was annexed. The owner now would like to
1
subdivide the property officially through the platting process.
Usually, a preliminary plat is required before a final plat is considered; in this case, however, it is not
necessary. A preliminary plat is used to ensure all required information has been prepared and
considered by the applicant before development may proceed. In this case, the property has already
been subdivided and developed, and all required roads and utilities are already in place. No
construction plans or infrastructure improvements are required.
SURROUNDING PROPERTIES & NEIGHBORHOOD
SURROUNDING PROPERTIES AND NEIGHBORHOOD
The neighborhood is primarily single family residential, with a few lots in the area being agricultural in
nature, in that the owners keep horses. The properties in the immediate area are all zoned R-3 single
family residential. Nearby, but not adjacent to this site, are properties zoned Industrial, Agricultural, and
C-2 General commercial district (see attached map).
STAFF REVIEW
COMPREHENSIVE LAND USE PLAN
The Future Land Use Plan classifies this property as 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 property has already been developed as single family residential.
SUMMARY
Staff recommends approval.
CITY DEVELOPMENT REQUIREMENTS
In addition to conformance to the comprehensive land use plan, plats must also comply with
applicable city regulations in order to be approved.
2
PUBLIC WORKS / INFRASTRUCTURE REQUIREMENTS
Because the property has already been developed, the required infrastructure is already in place. No
additional infrastructure is required at this time.
ZONING DISTRICT REQUIREMENTS
REQUIRED LOT SIZES. The proposed plat meets all lot size requirements for the zoning district.
TECHNICAL REQUIREMENTS FOR PLAT DRAWINGS. The plat drawing meets all technical
requirements for plat drawings.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the final plat.
PLANNING & ZONING • • • •
The Planning & Zoning Commission considered this plat during its meeting on April 20 and voted to
approve the plat.
ACTION •
The City Council may approve or deny the request for a final plat. No public hearing is required.
3
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D.
I. Subject:
Consider approval of Ordinance 628 approving the negotiated rate settlement, resolving the 2017 Rate
Review Mechanism (RRM) filing by Atmos Energy Corp., and implementing the rate change
II. Originated by:
III. Summary:
The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex
Division ("Atmos Mid-Tex" or"Company"), is a member of the Atmos Cities Steering Committee
("ACSC"). The Rate Review Mechanism ("RRM") Tariff was originally adopted by ACSC member cities in
2007 as an alternative to the Gas Reliability Infrastructure Program ("GRIP"), the statutory provision that
allows Atmos to bypass the City's rate regulatory authority to increase its rates annually to recover capital
investments. The RRM Tariff has been modified several times, most recently in 2013.
The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1,
2017, Atmos made a filing requesting $57.4 million additional revenues on a system-wide basis.
Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the
Company requesting $46.4 million from other municipalities.
Environs customers (ratepayers outside municipal limits) remain under the Railroad
Commission's exclusive original jurisdiction and have their rates set through the GRIP process. If
the Company had used the GRIP process rather than the RRM process it would receive a $52.4
million increase, or about$4.4 million more than will be approved by this Ordinance. ACSC and
the Company have reached an agreement, reflected in the Ordinance, to reduce the Company's
request by$9.4 million, such that the Ordinance approving new rates reflects an increase of$48
million on a system-wide basis, or$38.8 million for Mid-Tex Cities, exclusive of the City of Dallas.
The tariffs attached to the Ordinance approve rates that will increase the Company's
revenues by$38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after
June 1, 2017. The monthly residential customer charge will be $19.60. The consumption charge
will be $0.14 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8
Ccf will be an increase of$2.04, or about 3.87%. The typical commercial customer will see an
increase of$6.27, or 2.37%.
The ACSC Executive Committee and its designated legal counsel and consultants
recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate
settlement resolving the 2017 RRM filing, and implementing the rate change.
IV. Fiscal Impact Summary:
V. Legal Impact:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 628 10rdinance 628. df
ORDINANCE NO. 628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC")
AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE
COMPANY'S 2017 RATE REVIEW MECHANISM FILINGS;
DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH
THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET
BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE
AND IN THE PUBLIC INTEREST; REQUIRING RECONCILIATION
AND RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES
CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING
RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING
THE COMPANY TO REIMBURSE ACSC'S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE
WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC'S LEGAL COUNSEL.
WHEREAS, the City of Kennedale, Texas ("City") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost
of serving the Atmos Mid-Tex Division; and
WHEREAS, on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request with
ACSC Cities; and
1
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2017 RRM filing
through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve
issues identified in the Company's RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $48
million on a system-wide basis; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest;
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable
expenses associated with RRM applications; and
WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any
change in federal income tax rates is implemented during the period that rates approved herein
remain in place; and
WHEREAS, because ACSC believes that certain provisions of the current terms and
conditions of the RRM tariff are inconsistent with market conditions, the City expects
renegotiation of the current RRM tariff in the Summer of 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE,TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds that the settled amount of an increase in revenues
of$48 million on a system-wide basis represents a comprehensive settlement of gas utility rate
issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the
municipal limits arising from Atmos Mid-Tex's 2017 RRM filing, is in the public interest, and is
consistent with the City's authority under Section 103.001 of the Texas Utilities Code.
Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just
and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $48
million in revenue over the amount allowed under currently approved rates, as shown in the
Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are
hereby adopted.
2
Section 4. That the ratemaking treatment for pensions and other post-employment
benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment C, attached
hereto and incorporated herein.
Section 5. Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy's
recovery of federal income tax expense through the Rider RRM has been computed using the
statutory income tax rate. In the event that a change in the statutory income tax rate is
implemented during the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the
difference between the amount of federal income tax expense included in the Rider RRM
calculation for the Rate Effective Date with the amount of federal income tax expense authorized
under the new statutory income tax rate. The reconciliation period shall be from the date on
which any new statutory income tax rate is implemented through the Rate Effective Date. An
interest component calculated at the customer deposit interest rate then in effect as approved by
the Railroad Commission of Texas shall be applied to the federal income tax expense
reconciliation. Further, any required reconciliation of federal income tax expense shall be
included as part of Atmos Mid-Tex's next annual RRM filing and shall be returned to or
recovered from customers as a one-time credit or surcharge to the customer's bill.
Section 6. The City requires renegotiation of RRM tariff terms and conditions during the
Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved, the City will
terminate the RRM process and consider initiation of a traditional rate case to reduce the
Company's authorized return on equity.
Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC in processing the Company's 2017 RRM filing.
Section 8. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 9. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
3
Section 11. That consistent with the City Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by
attached tariffs to be effective for bills rendered on or after June 1, 2017.
Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General
Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this 15th day of May, 2017.
Brian Johnson, Mayor
ATTEST: APPROVED AS TO FORM:
Leslie Galloway, City Secretary Wayne, Olsen, City Attorney
2557/28/7339845
4
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R—RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 19.60 per month
Rider CEE Surcharge $ 0.02 per month'
Total Customer Charge $ 19.62 per month
Commodity Charge—All Ccf $0.14427 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2016.
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C—COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $44.70 per month
Rider CEE Surcharge $ 0.08 per month'
Total Customer Charge $44.78 per month
Commodity Charge—All Ccf $ 0.09279 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2016.
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I— INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 799.75 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu
Next 3,500 MMBtu $ 0.2470 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I— INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T—TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 799.75 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu
Next 3,500 MMBtu $ 0.2470 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of(i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T—TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Attachment A
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE:
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA; = WNAFi x q;j
Where q;j is the relevant sales quantity for the jth customer in ith rate schedule.
Attachment A
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE:
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 9.79 0.1347 93.16 0.6060
Austin 10.37 0.1483 190.68 0.9069
Dallas 13.36 0.2089 180.35 1.0191
Waco 9.64 0.1348 124.37 0.5791
Wichita 11.20 0.1412 107.96 0.5571
Falls
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the Company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the Company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
Company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E.
I. Subject:
Consider adopting Resolution 508, amending authorized representatives of TEXPOOL local government
investment pool
II. Originated by:
Finance Director
III. Summary:
The attached resolution is being presented before Council only to amend authorized representatives for
TEXPOOL. By approving the resolution, Council will be designating Finance Director Brady Olsen and
Accounting Technician Debby Scott as authorized representatives to transmit local funds for investments.
Brady Olsen will be the primary representative, performing transactions and receiving confirmations of
monthly statements. Lastly, for bank reconciliation purposes, HR Director Kelly Cooper, will be given
"read-only" access.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 508 lResolution 508. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 508
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF
TEXPOOL LOCAL GOVERNMENT INVESTMENT POOL
WHEREAS, the City of Kennedale (the "Participant") is a local government of the State of Texas
and is empowered to delegate to a public funds investment Pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments
that provide for the preservation and safety of principal, liquidity, and yield consistent with the
Public Funds Investment Act; and
WHEREAS, the TexasPool Local Government Investment Portfolio, a public funds investment
pool (a "Pool"), was created on behalf of entities whose investment objectives in order of priority
are preservation and safety of principal, liquidity, and yield consistent with the Public Funds
Investment Act.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE,TEXAS:
A. That the City of Kennedale shall amend authorized representatives, for the purpose
of transmitting local funds for investment in the TexasPool series. The form of application
for amendment to this resolution is approved.
B. That the individuals, whose signatures appear in this Resolution, are Authorized
Representatives of the City of Kennedale and are each hereby authorized to transmit funds
for investment in the Pool and are each further authorized to withdraw funds from time to
time, to issue letters of instruction, and to take all other actions deemed necessary or
appropriate for the investment of local funds.
C. That the City of Kennedale may by Amending Resolution change Authorized
Representatives provided the additional Authorized Representative is an officer, employee,
or agent of the City of Kennedale.
List of the Authorized Representatives of the City of Kennedale. These individuals
may be issued P.I.N.Numbers.
1. Name: Brady Olsen Title: Finance Director
2. Name: Debby Title: Accounting Technician
List the name of the Authorized Representative provided above that will have
primary responsibility for performing transactions and receiving confirmations and
monthly statements under the Participation Agreement.
Name: Name: Brady Olsen Title: Finance Director
In addition and at the option of the Participant, one additional Authorized
Representative can be designated to perform only inquiry of selected information.
This limited representative cannot perform transactions.
Name: Kelly Cooper Title: Human Resources
D. That this Resolution and its authorization shall continue in full force and effect until
amended or revoked by the Participant and until the Pool receives a copy of any such
amendment or revocation.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 15th day of May 2017.
APPROVED:
Brian Johnson,Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - F.
I. Subject:
Consider adopting Resolution 509, amending authorized representatives for the Texas Short-Term Asset
Reserve Program (TexSTAR) local government investment pool
II. Originated by:
Finance Director
III. Summary:
The attached resolution is being presented before Council only to amend authorized representatives for
TexSTAR. By approving the resolution, Council will be designating Finance Director Brady Olsen and
Accounting Technician Debby Scott as authorized representatives to transmit local funds for investments.
Brady Olsen will be the primary representative, performing transactions and receiving confirmations of
monthly statements. Lastly, for bank reconciliation purposes, HR Director Kelly Cooper will be granted
"read-only" access.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 509 lResolution 509. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 509
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF
TEXAS SHORT TERM ASSET RESERVE PROGRAM(TEXSTAR)
LOCAL GOVERNMENT INVESTMENT POOL
WHEREAS, the City of Kennedale (the "Participant") is a local government of the State of Texas
and is empowered to delegate to a public funds investment Pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments
that provide for the preservation and safety of principal, liquidity, and yield consistent with the
Public Funds Investment Act; and
WHEREAS, the TEXSTAR Local Government Investment Portfolio, a public funds investment
pool (a "Pool"), was created on behalf of entities whose investment objectives in order of priority
are preservation and safety of principal, liquidity, and yield consistent with the Public Funds
Investment Act.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE,TEXAS:
A. That the City of Kennedale shall amend authorized representatives, for the purpose
of transmitting local funds for investment in the TEXSTAR series. The form of application
for amendment to this resolution is approved.
B. That the individuals, whose signatures appear in this Resolution, are Authorized
Representatives of the City of Kennedale and are each hereby authorized to transmit funds
for investment in the Pool and are each further authorized to withdraw funds from time to
time, to issue letters of instruction, and to take all other actions deemed necessary or
appropriate for the investment of local funds.
C. That the City of Kennedale may by Amending Resolution change Authorized
Representatives provided the additional Authorized Representative is an officer, employee,
or agent of the City of Kennedale.
List of the Authorized Representatives of the City of Kennedale. These individuals
may be issued P.I.N.Numbers.
1. Name: Brady Olsen Title: Finance Director
2. Name: Debby Title: Accounting Technician
List the name of the Authorized Representative provided above that will have
primary responsibility for performing transactions and receiving confirmations and
monthly statements under the Participation Agreement.
Name: Name: Brady Olsen Title: Finance Director
In addition and at the option of the Participant, one additional Authorized
Representative can be designated to perform only inquiry of selected information.
This limited representative cannot perform transactions.
Name: Kelly Cooper Title: Human Resources
D. That this Resolution and its authorization shall continue in full force and effect until
amended or revoked by the Participant and until the Pool receives a copy of any such
amendment or revocation.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 15th day of May 2017.
APPROVED:
Brian Johnson,Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - G.
I. Subject:
Consider adopting Resolution 510, amending authorized representatives for the
TexasTERM/TexasDAILY local government investment pool
II. Originated by:
Finance Director
III. Summary:
The attached resolution is being presented before Council only to amend the City's authorized
representatives to the TexasTERM/TexasDAILY. By approving this resolution, Council will be designating
Finance Director Brady Olsen and Accounting Technician Debby Scott as authorized representatives to
transmit local funds for investments. Brady Olsen will be the primary representative, performing
transactions and receiving confirmations of monthly statements. Lastly, for bank reconciliation purposes,
HR Director Kelly Cooper will be granted "read-only" access.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 510 lResolution 510. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 510
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES OF
TEXAS TERM/TEXAS DAILY LOCAL GOVERNMENT INVESTMENT
POOL
WHEREAS, the City of Kennedale (the "Participant") is a local government of the State of Texas
and is empowered to delegate to a public funds investment Pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the City of Kennedale to invest local funds in investments
that provide for the preservation and safety of principal, liquidity, and yield consistent with the
Public Funds Investment Act; and
WHEREAS, the Texas Term/Texas Daily Local Government Investment Portfolio, a public funds
investment pool (a "Pool"), was created on behalf of entities whose investment objectives in order
of priority are preservation and safety of principal, liquidity, and yield consistent with the Public
Funds Investment Act.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE,TEXAS:
A. That the City of Kennedale shall amend authorized representatives, for the purpose
of transmitting local funds for investment in the Texas Term/Texas Daily series. The form
of application for amendment to this resolution is approved.
B. That the individuals, whose signatures appear in this Resolution, are Authorized
Representatives of the City of Kennedale and are each hereby authorized to transmit funds
for investment in the Pool and are each further authorized to withdraw funds from time to
time, to issue letters of instruction, and to take all other actions deemed necessary or
appropriate for the investment of local funds.
C. That the City of Kennedale may by Amending Resolution change Authorized
Representatives provided the additional Authorized Representative is an officer, employee,
or agent of the City of Kennedale.
List of the Authorized Representatives of the City of Kennedale. These individuals
may be issued P.I.N.Numbers.
1. Name: Brady Olsen Title: Finance Director
2. Name: Debby Title: Accounting Technician
List the name of the Authorized Representative provided above that will have
primary responsibility for performing transactions and receiving confirmations and
monthly statements under the Participation Agreement.
Name: Brady Olsen Title: Finance Director
In addition and at the option of the Participant, one additional Authorized
Representative can be designated to perform only inquiry of selected information.
This limited representative cannot perform transactions.
Name: Kelly Cooper Title: Human Resources
D. That this Resolution and its authorization shall continue in full force and effect until
amended or revoked by the Participant and until the Pool receives a copy of any such
amendment or revocation.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 15th day of May 2017.
APPROVED:
Brian Johnson,Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - H.
I. Subject:
Consider adopting Resolution 511 for a grant application to the Justice Assistance Grant (JAG) Program
for a mobile radar trailer
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
The Police Department has applied for a grant through the Justice Assistance Grant (JAG) Program to
purchase a mobile radar trailer, which could be used at various locations throughout the city to deter
drivers from speeding. Adoption of this resolution is required for the grant application to be considered by
JAG. There are no matching funds required.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Resolution 511: JAG Radar Trailer Grant lResolution 511 JAG Grant. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
RESOLUTION NO. 511
A RESOLUTION IN SUPPORT OF AN APPLICATION
TO THE JUSTICE ASSISTANCE GRANT PROGRAM
WHEREAS, The City Council of the City of Kennedale finds it in the best interest of
the citizens of Kennedale, Texas that a Mobile Radar Trailer be operated for the year
2017; and
WHEREAS, The City Council of the City of Kennedale agrees that in the event of
loss or misuse of the Criminal Justice Division funds, the City Council of the City of
Kennedale assures that the funds will be returned to the governor in full.
WHEREAS, The City Council of the City of Kennedale designates City Manager
George Campbell as the grantee's authorized official. The authorized official is given
the power to apply for, accept, reject, alter or terminate the grant on behalf of the
applicant agency.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF KENNEDALE,TEXAS:
A. That the City Council of Kennedale, Texas approves submission of the
grant application for the Mobile Radar Trailer to the Office of the Governor.
Grant Number: 3269401
PASSED, ADOPTED AND APPROVED by the City Council of the
City of Kennedale, Texas, this the 15th day of May 2017.
APPROVED:
Brian Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE MAYOR & CITY COUNCIL
Date: May 15, 2017
Agenda Item No: REGULAR ITEMS (A)
I. SUBJECT
CASE # PZ 17-05 hold a public hearing and consider recommendation for
approval of Ordinance 623 and 627 regarding an amendment to Kennedale
City Code Chapter 10 Health and Human Services Articles I and II and an
amendment to the Unified Development Code by amending Article 3
Agricultural and Residential Districts, Article 4 Old Town Districts, Article 5
Village Districts, Article 6 Commercial and Industrial District, Article 7
Employment Center Districts, Article 11 Specific Use Requirements, and Article
32 General Definitions, in order to establish regulations for mobile food
vendors, including permitted locations.
II. SUMMARY
This report describes proposed regulations that would allow food trucks and other mobile
food vendors in Kennedale and also provides a staff recommendation. A draft of the
proposed ordinance is included with this report.
After reviewing mobile food vendor regulations from Texas and other states, and after
hearing feedback from the Planning & Zoning Commission last month, staff believes the
ordinance addresses concerns about operations of these businesses without being overly
restrictive. Staff recommends approval.
Note: the food truck industry is new to Kennedale and is also a fairly recent addition to
the region as a whole, and cities are still learning what regulations work well. As the city
adjusts to this industry, staff may propose amending these regulations in the future.
BACKGROUND OVERVIEW
Request Amend the UDC
Applicant City of Kennedale
Staff Recommendation Approve
Planning & Zoning Commission Recommendation Approve
In January, staff asked the Commission members if they would consider adopting regulations to allow
food trucks. The Commission indicated it would, so staff brought suggestions for regulations to the
work session in February. The Commission provided comments on those suggestions, and the
comments were used to draft the attached ordinances. The regulations fall primarily into two main
regulatory categories: public health and public safety. In addition, there is one set of regulations that
apply to all mobile food establishments, regardless of type of product sold, and then separate
regulations specific to each type.
If the ordinances are approved, most of the regulations would be placed in Chapter 10 of the
Kennedale City Code, where the city's other food establishment regulations are placed. Additional
regulations controlling where mobile food establishments may operate would be added to the Unified
Development Code.
These proposed regulations are described below.
REGULATIONS FOR ALL MOBILE FOOD ESTABLISHMENTS
Many of the proposed regulations would apply to all vendors. The regulations include requiring a
permit for most kinds of mobile food vendors, requiring health permits and valid driver's license, vehicle
registration, and insurance, controlling locations for traffic safety and fire safety, allowing sandwich
board signs.
Regulations provided through the ordinance:
• City permit required, and must be renewed annually
• Health department permit required
• Current driver's license, vehicle registration, and insurance
• Hours of operation (prohibited during 1 AM and 7 AM in most cases)
• Lighting must be shielded so it doesn't intrude on residential uses
• Prohibits parking in the right-of-way (except for ice cream trucks stopping to make a sale) and
adds other similar locational restrictions
• Requires food vendors operating from fixed locations to move offsite within one hour of close
of business for the day
• Prohibits blocking fire lanes or hydrants
• Requires parking on an asphalt or concrete surface
• Requires vendor to remove trash and debris daily
• Permits use of sandwich board signs
• Requires vendor have a state sales tax permit
• Prohibits use of sound in excess of levels permitted by city code
REGULATIONS SPECIFIC TO DIFFERENT KINDS OF MOBILE FOOD
ESTABLISHMENTS
After the general regulations, the ordinance adds regulations for specific kinds of mobile food vendors.
The ordinance also restricts which kinds of food vendors may operate in which zoning districts. For
example, mobile food preparation trucks (what we tend to think of as "food trucks") are allowed in any
commercial or industrial zoning district. The ordinance also permits these vendors in single family and
duplex residential districts, but only in the form of catering for special events.
Ice cream trucks and catering trucks would not be required to obtain a permit, but all other types of
mobile food vendors would be required to do so. Mobile food establishments would be required to
have written permission from the property owner in order to operate on a private property.
In addition, mobile food preparation vehicles ("food trucks") would also have to submit a site plan as
part of the permit application. Outdoor seating would be permitted for these vendors operating at a
fixed location, but the seating must be removed at the close of business each day. Each vendor will also
be required to remove all trash generated by the food business or its customers.
COMPREHENSIVE LAND USE PLAN
The Comprehensive Land Use Plan calls for creating vibrant centers and establishing a sense of place
(Principle # 3 — Thriving Community). Food trucks are commonly used now for helping areas create
vibrancy and for drawing residents to an area on a regular basis. Staff considers an ordinance allowing
food trucks to conform to the comprehensive land use plan.
CHANGES TO THE UDC SCHEDULES OF
The exhibits show proposed changes to the schedule of uses, that is, the permitted locations for each
type of mobile food vendor. As you'll see, some mobile food vendors are recommended to be
permitted in all zoning districts, and some are not. The difference is due to the expected intensity of
each use. Ice cream trucks, for example, are not expected to generate the traffic, parking, or visibility
concerns that would arise with a vehicle that is typically parked in one location for a period of time,
such as a produce truck or a mobile food preparation vehicle (what we generally refer to as a "food
truck").
CHANGE TO ARTICLE 11 OF
Because operational requirements will be placed in Chapter 10 of the Kennedale City Code rather than
in the UDC, Article 11 of the UDC will contain language referring readers to the Kennedale City Code.
CHANGE TO •
The proposed definitions are intended to provide a clear description of the different types of
mobile food vendors so that readers understand why the different types may have different
regulations.
STAFF REVIEW
COMPREHENSIVE LAND USE PLAN
The Comprehensive Land Use Plan calls for creating vibrant centers and establishing a sense of place
(Principle # 3 — Thriving Community). Food trucks are commonly used these days for helping areas
create vibrancy and for drawing residents to an area on a regular basis. Staff considers an ordinance
allowing food trucks to conform to the comprehensive land use plan.
STAFF RECOMMENDATION
Staff recommends approval.
ZONING PLANNING & • • N RECOMMENDATIO
The Planning & Zoning Commission considered Ordinance 623 during its meeting on April 20th (the
Commission does not review changes to Chapter 10 of the city code, so it did not consider Ordinance
627). After holding a public hearing, the Commission voted to recommend approval of Ordinance 623
with the condition that the definitions be revised. Under the proposed regulations, mobile food
preparation vehicles would be permitted to operate in residential districts as long as they are catering
an event because in that case, they would be classified as a catering truck. However, the definition of a
catering truck states that these vehicles do not prepare food in the vehicle, which would seem to
prohibit mobile food preparation vehicles from catering an event in a residential district. The
Commission asked that the definitions be revised to allow mobile food preparation vehicles to cater
events in residential districts.
ACTION • NING COMMISION
Approval: Based on the information presented, I find that the ordinance meets city requirements and
make a motion to approve Ordinances 623 and 627.
Approval with Conditions or Changes: Based on the information presented, I find that the ordinance
meets city requirements with certain conditions and make a motion to approve Ordinances 623 and
627 with the following changes [list changes].
Deny: Based on the information presented, I find that the ordinance does not meet city requirements
[or is not in compliance with the comprehensive land use plan] and make a motion to deny Ordinance
623 and 627.
ORDINANCE NO. 623
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING THE SCHEDULE
OF USES IN ARTICLE 3 "AGRICULTURAL AND RESIDENTIAL
DISTRICTS," ARTICLE 4 "OLD TOWN DISTRICTS," ARTICLE 5
"VILLAGE DISTRICTS," ARTICLE 6 "COMMERCIAL AND
INDUSTRIAL DISTRICTS," AND ARTICLE 7 "EMPLOYMENT CENTER
DISTRICTS" TO ALLOW MOBILE FOOD ESTABLISHMENTS;
AMENDING ARTICLE 32 "GENERAL DEFINITIONS," TO PROVIDE
NEW DEFINITIONS FOR VARIOUS MOBILE FOOD
ESTABLISHMENTS; 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, the City Council has adopted a Unified Development Code that
regulates 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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code to provide for regulation
of mobile food establishments; and
WHEREAS, the City Council finds that such regulations are designed to lessen
and mitigate traffic, waste, noise levels, and other considerations that may be
associated with mobile food establishments; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on April 20, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on May 15, 2017, with respect to the
amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, Article 22 of the Unified Development Code, and all other laws
dealing with notice, publication, and procedural requirements for amending the Unified
Development Code.
Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Table 3.2 "Schedule of Uses" of Article 3, "Agricultural and Residential Districts,"
of the Unified Development Code of the City of Kennedale, Texas, as amended, is
amended to read as shown on the attached Exhibit A.
SECTION 2.
Table 4.2 "Schedule of Uses" of Article 4, "Old Town Districts," of the Unified
Development Code of the City of Kennedale, Texas, as amended, is amended to read
as shown on the attached Exhibit B
SECTION 3.
Section 5.2.H.7 "Restaurant/Bar, Retail Sales" of Article 5, "Village Districts," of
the Unified Development Code of the City of Kennedale, Texas, as amended, is
amended by adding a new sub-section 5.2.H.7.g., to read as follows:
g. Mobile food establishments. Mobile food establishments shall be
subject to the requirements of Section 11.38. Ice cream trucks and
catering trucks shall be permitted in any Village District sub-area. Lunch
trucks, produce trucks, and mobile food preparation trucks shall be
permitted in Center and General sub-areas only.
SECTION 4.
Table 6.2 "Schedule of Uses" of Article 6, "Commercial and Industrial Districts,"
of the Unified Development Code of the City of Kennedale, Texas, as amended, is
amended to read as shown on the attached Exhibit C.
SECTION 5.
Table 7.2 "Schedule of Uses" of Article 7, "Employment Center Districts," of the
Unified Development Code of the City of Kennedale, Texas, as amended, is amended
to read as shown on the attached Exhibit D.
SECTION 6.
Section 11.38 "Temporary Uses" of Article 11 , "Specific Use Requirements" of
the Unified Development Code of the City of Kennedale, Texas, as amended, is
amended by adding a new sub-section 11.38.E. to read as follows:
Page 2
E. Temporary Use — Mobile Food Establishments. Mobile food
establishments, as permitted by this Code, are also regulated by
Chapter 10 of the Kennedale City Code, as amended.
SECTION 7.
Section 32.2 "General Definitions" of Article 32 of the Unified Development Code
of the City of Kennedale, Texas, as amended, is amended to add the following
definitions:
Mobile food establishment. A vehicle-mounted food establishment that is
designed to be readily moveable at all times and from which food is
distributed, sold, or served to an ultimate consumer. The term does not
include pushcarts, booths, or stands. Categories of mobile food
establishments are catering truck, ice cream truck, lunch truck, mobile
food preparation vehicle, and produce truck.
Catering truck. A mobile food establishment used to deliver food prepared
offsite (not in the vehicle) to a catered operation.
Ice cream truck. A mobile food establishment that sells some or all of the
following: pre-wrapped and sealed ice cream, frozen dairy products, ice
confection products, canned soft drinks, packaged candy, chips, and
pickles.
Lunch truck. A lunch truck is a mobile food establishment which serves a
construction work-site and from which only the following foods and
beverages are served, sold, or distributed, in such a manner that the
vendor does not have direct contact with the food or beverages being
sold:
1 . Food that is prewrapped, bottled, or otherwise packaged in
individual servings and typically intended for immediate
consumption.
2. Beverages that are not time/ temperature controlled for
safety and are dispensed from covered urns or other
protected equipment or are sold in bottles or cans.
Mobile food preparation vehicle. A mobile food establishment in which
ready-to-eat food is cooked, wrapped, packaged, processed, or portioned
for service, sale, or distribution.
Produce truck. A mobile food establishment from which only raw
vegetables and fruits are served, sold, or distributed. The produce sold is
in its original form and has not been altered or cooked in any other way
Page 3
inconsistent with it coming fresh from the fields and/or gardens in which it
was grown. Slicing, dicing, and chopping of vegetables, fruits, or other
food items for sale is prohibited.
SECTION 8.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), as amended, except
when the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 9.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 10.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 11.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 12.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, 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.
Page 4
SECTION 13.
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 15th DAY OF MAY, 2017.
MAYOR, BRIAN JOHNSON
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 5
Exhibit `A'
Table 3.2 Schedule of Uses:Agricultural and
Use AG R-1 R-2 R-3 D MF MH Other
Other
P,S P,S P,S P,S P,S P,S P,S
Sexually oriented business 11.36
Temporary construction office S S S S S S S 11.38
Temporary sales office S S S S S S S 11.38
Temporary use—mobile food establishment
catering truck P P P P P P P 11.38
ice cream truck P P P P P P P 11.38
lunch truck 11.38
mobile food preparation truck P P P P P P P 11.38
produce truck 11.38
Temporary use-special function S S S S 11.38
Page 6
Exhibit `B'
Table 4.2 Schedule of Uses: Old Town
Use OT-1 OT-2 OT-3 OT-4 Other
Other
Similar uses P'S P'S P'S P'S
Sexually oriented business 11.36
TemporarV construction office 11.38
Temporary sales office 11.38
Temporary use—mobile food establishment 11.38
catering truck P P P P 11.38
ice cream truck P P P P 11.38
lunch truck P 11.38
mobile food preparation truck P P P P 11.38
produce truck P 11.38
em orar use-special function 1 111.38
Page 7
EXHIBIT `C'
Table 6.2 Schedule of Uses: Commercial and Industrial Districts
Use C-0 C-1 C-2 I Other
Other
P, S, P, S, P, S, P, S,
Sexually oriented business P P 11.36
Temporary construction office S S P 11.38
Temporary sales office S S S S 11.38
Temporary use—mobile food establishment
catering truck P P P P 11.38
ice cream truck 11.38
lunch truck P P P P 11.38
mobile food preparation truck P P P P 11.38
Produce truck P P P P 11.38
em orar use-special function 11.38
Page 8
EXHIBIT `D'
Employment Table 7.2 Schedule of Uses:
EC EC EC
Other
P,S P,S P,S
Sexually oriented business 11.36
TemporarV construction office S S S 11.38
Temporary use—mobile food establishment 11.38
catering truck P P P 11.38
ice cream truck P P P 11.38
lunch truck P P 11.38
mobile food preparation truck P P P 11.38
produce truck 11.38
Temporary sales office S S S 11.38
Tem orar use-special function 11.38
Page 9
ORDINANCE NO. 627
AN ORDINANCE AMENDING CHAPTER 10 "HEALTH AND HUMAN
SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF
KENNEDALE, TEXAS BY ADDING A NEW DIVISION 4 "MOBILE FOOD
ESTABLISHMENTS" TO ARTICLE II "FOOD" TO ESTABLISH
REGULATIONS FOR MOBILE FOOD ESTABLISHMENTS; AMENDING
ARTICLE III "HEALTH NUISANCES" TO RENUMBER EXISTING
SECTIONS 10-71 AND 10-72; 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, in order to protect the health, safety and welfare of its citizens, the
City Council deems it appropriate to provide for regulation of mobile food
establishments to be located in the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
Chapter 10 "Health and Human Services" of the Kennedale City Code is
amended by adding a new Division 4 "Mobile Food Establishments" to Article II "Food"
to read as follows:
DIVISION 4—MOBILE FOOD ESTABLISHMENTS
Sec. 10-71. – Definitions.
Mobile food establishment. A vehicle-mounted food establishment that is
designed to be readily moveable at all times and from which food is distributed,
sold, or served to an ultimate consumer. The term does not include pushcarts,
booths, or stands. Categories of mobile food establishments are catering truck,
ice cream truck, lunch truck, mobile food preparation vehicle, and produce truck.
Catering truck. A mobile food establishment used to deliver food prepared offsite
(not in the vehicle) to a catered operation.
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Ice cream truck. A mobile food establishment that sells some or all of the
following: pre-wrapped and sealed ice cream, frozen dairy products, ice
confection products, canned soft drinks, packaged candy, chips, and pickles.
Lunch truck. A lunch truck is a mobile food establishment which serves a
construction work-site and from which only the following foods and beverages
are served, sold, or distributed, in such a manner that the vendor does not have
direct contact with the food or beverages being sold:
1. Food that is prewrapped, bottled, or otherwise packaged in
individual servings and typically intended for immediate consumption.
2. Beverages that are not time/temperature controlled for safety and
are dispensed from covered urns or other protected equipment or are sold
in bottles or cans.
Mobile food preparation vehicle. A mobile food establishment in which ready-to-
eat food is cooked, wrapped, packaged, processed, or portioned for service,
sale, or distribution.
Produce truck. A mobile food establishment from which only raw vegetables and
fruits are served, sold, or distributed. The produce sold is in its original form and
has not been altered or cooked in any other way inconsistent with it coming fresh
from the fields and/or gardens in which it was grown. Slicing, dicing, and
chopping of vegetables, fruits, or other food items for sale is prohibited.
Sec. 10-72. - General requirements for all mobile food establishments.
(a) Permit required. Any person desiring to operate as a mobile food establishment
within the city must receive a permit to do so after submitting a written application
on forms provided by the city, except that ice cream trucks, catering trucks, and
mobile food preparation vehicles serving residential districts do not require a
permit. Failure to provide all required information or falsifying information
required may result in denial or revocation of the permit. Renewals of permits are
required on an annual basis. A mobile food establishment permit shall expire on
December 31 on the calendar year it was issued.
(b) Food establishment rules. Every mobile food establishment is required to be in
compliance with all applicable local and state laws and regulations, including, but
not limited to, Chapter 10, Article II, Division 3 "Food Establishment Rules" of the
Kennedale City Code, as amended, and 25 Texas Administrative Code, Chapter
228, as amended.
(c) Valid driver's license required. A mobile food establishment is required to have
onsite, at all time, at least one employee or representative who has a valid
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driver's license to operate the vehicle and who is authorized to move the vehicle
if required.
(d) Vehicle requirements. All mobile food establishments shall have a valid vehicle
registration, motor vehicle operator's license, proof of vehicle liability insurance,
and a Texas Sales Tax Permit.
(e) Drive-through service. Drive-through service is prohibited for mobile food
establishments.
(f) Hours of operation. If permitted to operate from a fixed location by this code, no
mobile food establishment shall operate from the same location for longer than
eight (8) consecutive hours. No mobile food establishment may remain on a
particular site after the end of the establishment's business day or after eight (8)
consecutive hours. No mobile food establishment may operate between 1 AM
and 7 AM. In addition, no mobile food establishment operating within 300 feet of
a residential use may operate between the hours of 10 PM and 7 AM.
(g) Lighting. Exterior lighting on a mobile food establishment must be hooded or
shielded so that the light source is not directly visible to a residential use.
(h) Location.
(1) Mobile food establishments are not permitted to park in or operate in a
public right-of-way or street, except that ice cream trucks are permitted to
stop and serve customers from the right-of-way or public street when the
customer has signaled for the ice cream truck to stop for a sale. This
provision does not prohibit mobile food establishments from operating in a
public-right-of-way or on public property during a special event sponsored
by the city, if permission has been obtained in writing from the city.
(2) No mobile food establishment shall be permitted to operate on any
property unless permission, in writing and on a form supplied by the city,
has been granted by the property owner.
(3) Mobile food establishments are not permitted to operate:
a. within five (5) feet of any drive way or sidewalk;
b. within 300 feet of a school during school hours;
C. within any area, or in any manner, that impedes, endangers, or
interferes with pedestrian or vehicular traffic.
(i) Mobility required. Mobile food establishments must be mobile and able to be
moved within one (1) hour of close of business or upon request by the city.
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(j) Obstructing fire lanes or hydrants prohibited. Mobile food establishments must
not block or obstruct any fire lane or be located within fifteen (15) feet of a fire
hydrant.
(k) Parking on improved surface required. Mobile food establishments are only
permitted to locate on and operate from an asphalt or concrete surface.
(1) Removal of trash and debris. The area around the mobile food establishment
must be clear of litter, trash, and debris at all times
(m) Signs Mobile food establishments may use sandwich board signs in accordance
with the requirements of Article 14 of the Unified Development Code.
(n) Sound. No mobile food establishment may emit music or other sounds in
violation of the city's nuisance regulations.
Sec. 10-73. — Produce trucks.
Produce can only be displayed on the body of the vehicle and on a
maximum of one (1) table, which must be removed at the close of the business
day. Placing produce on the ground is prohibited.
Sec. 10-74. — Lunch trucks.
Lunch trucks are not permitted to serve the general public and must serve only
those employees working at the site visited by the lunch truck unless the lunch truck
operator satisfies all of the requirements of mobile food preparation vehicles in section
10-75.
Sec. 10-75. — Mobile food preparation vehicles.
(a) Site plan required. A site plan must be submitted with the mobile food
establishment permit application. A site plan and location permit shall be valid for
one year from the date of issuance, provided no changes are made to the site
plan and all property owner permissions and required licensing remain in effect.
The site plan must show the proposed location, the number and location of
customer parking spaces for the mobile food establishment, the number and
location of parking spaces reserved for the primary use onsite, the location of all
drive ways, drive approaches, sidewalks, fire lanes, and fire hydrants. In addition,
if residential uses are located within 300 feet of the proposed mobile food
establishment location, then these uses must also be shown on the site plan. City
permit staff may request additional information to be shown on the site plan if
needed to determine compliance with city regulations.
Page 4
(b) Operational requirements.
(1) Outdoor seating. Outdoor seating may be provided with the following
restrictions:
a. Outdoor seating must be totally removed from the site by the
mobile food establishment at the close of business each day.
b. Outdoor seating shall not block any driveways, fire lanes, fire
hydrants, dumpsters, or parking required for the main use of the
property.
C. Outdoor seating shall not obstruct visibility of intersections or
roadways.
(2) Permission to use restrooms required. For any property on which the
mobile food preparation vehicle is to be parked for the purposes of
preparing or serving food, the mobile food establishment is required to
have permission in writing from the owner of the primary business on site
allowing the food establishment's employees and customers to use the
restroom facilities of the primary business. The mobile food establishment
shall be open only during hours the primary business is also open, except
the establishment may remain open one (1) hour after the primary
business has closed for the day.
(3) Operation restricted in single family and duplex residential districts. Mobile
food preparation vehicles are permitted in single family and duplex
residential districts to provide food for residents or guests attending a
catered event at a property within that district. Food shall not be sold to
the general public. Only one mobile food preparation vehicle is permitted
at a particular location for a catered event.
Secs. 10-76-10-80. - Reserved.
SECTION 2.
Chapter 10 "Health and Human Services" of the Kennedale City Code is
amended by amending the section numbers of Article III "Health Nuisances" to read as
follows:
Sec. 10-81. - Enumeration.
Any and all of the following conditions are hereby specifically declared to be nuisances
dangerous to the public health:
(1) Any condition or place allowed to exist in populous areas which
constitutes a breeding place for flies;
Page 5
(2) Any spoiled or diseased meats intended for human consumption;
(3) Any restaurant, food market, bakery or other place of business or any
vehicle where food is prepared, packed, stored, transported, sold or
served to the public which is not constantly maintained in a sanitary
condition;
(4) Any place, condition or building controlled or operated by any
governmental agency, state or local, which is not maintained in a sanitary
condition;
(5) All sewage, human excreta, wastewater, garbage or other organic wastes
deposited, stored, discharged or exposed in such a way as to be a
potential instrument or medium in the transmission of diseases to or
between any person or persons;
(6) Any vehicle or container used in the transportation of garbage, human
excreta or organic material which is defective and allows leakage or
spilling of contents;
(7) Any collection of water in which mosquitoes are breeding within the limits
of the city;
(8) Any condition which may be proved to injuriously affect the public health
and which may directly or indirectly result from the operations of any bone
boiling, fat rendering, tallow or soap works or other similar establishments;
(9) Any place or condition harboring rats;
(10) The presence of ectoparasites (bedbugs, lice, mites, etc.) suspected to be
carriers of disease in any place where sleeping accommodations are
offered to the public; and
(11) The maintenance of any open surface or pit privy, cesspool or of any
overflowing septic tank, the contents of either of which may be accessible
to flies.
Sec. 10-82. - Abatement.
(a) Every person possessing any place in or on which there is a health nuisance
shall, as soon as its presence comes to his knowledge, proceed at once and
continue to abate the nuisance.
(b) The city health officer, when information and proof of the existence of a nuisance
within the city is received, shall issue a written notice to any person responsible
for the nuisance and order the abatement of same. He shall at the time send a
copy of the notice to the city attorney. Such notice shall specify the nature of the
nuisance and shall designate a reasonable time within which such abatement
shall be accomplished. If the notice is not complied with within the specified time,
Page 6
the city attorney shall be so advised by the health officer and he shall
immediately institute proceedings for the abatement thereof.
SECTION 3.
This ordinance shall be cumulative of all provisions of the City of Kennedale,
Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect 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 the unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 10 of the Code of Ordinances of the City
of Kennedale, as amended, or any other ordinance regarding the regulation of food
establishments 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 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, 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.
Page 7
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 15th DAY OF MAY, 2017.
MAYOR, BRIAN JOHNSON
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 8
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE MAYOR & CITY COUNCIL
Date: May 15, 2017
Agenda Item No: REGULAR ITEMS (B)
I. SUBJECT
CASE # PZ 17-07 to hold a public hearing and consider a recommendation
concerning approval of Ordinance 624 regarding an amendment to the Unified
Development Code, as amended, to amend Section 10.7 "Masonry
Requirements" of Article 10 General Provisions for all Districts; to amend the
schedules of uses to allow solar energy equipment as an accessory use in all
commercial, industrial, and employment center zoning districts; and to amend
Section 5.2.F "Other Uses" of Article 5 Village Districts to allow solar energy
equipment as an accessory use in Village districts.
II. SUMMARY
This report provides a description of proposed changes to the Unified Development
Code and a staff recommendation. The changes are related to masonry requirements
and solar energy equipment as an accessory use. As shown below, the staff
recommendation is to approve.
BACKGROUND OVERVIEW
Request Amend the Unified Development Code
Applicant City of Kennedale
Staff Recommendation Approve
Planning & Zoning Commission Recommendation Approve
STAFF REVIEW
DESCRIPTION OF PROPOSED AMENDMENTS
Masonry requirements
The city's interpretation of the term "masonry' has historically excluded products such as cement
fiberboard (for example, Hardie-Plank). In some cities, however, cement fiberboard and similar products
are considered masonry. Since our code does not specifically state whether this kind of product is
considered masonry or not, city staff have been getting pushback from the building community that
this kind of product should be permitted. The proposed changes to the UDC would clarify that cement
fiberboard is not considered masonry, in keeping with the city's established policy.
Solar energy equipment as an accessory use
In al I single family residential, agricultural, and multi-family zoning districts, solar energy equipment is
permitted as an accessory use. Staff recommends also permitting it as an accessory use in the city's
other zoning districts, which would be in line with the city's commitment to facilitating access to solar
energy (see, for example, the city's participation in the Solar Ready II program, a partnership
supported by the U.S. Department of Energy). Note that this amendment would permit solar energy to
be used as a power source for a commercial or industrial building; it would not permit solar energy as
a primary, stand-alone use (e.g., solar energy "farm").
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendments.
ZONING PLANNING & • • N RECOMMENDATIO
The Planning & Zoning Commission considered this item during its meeting on April 20. After
holding a public hearing, the commission voted to recommend approval. However, the Commission
also asked staff to bring another ordinance soon, as needed, to make sure the city's regulations
concerning location of solar energy equipment, etc., are adequate as solar becomes more popular.
Staff will be working with the North Central Texas Council of Governments to review the city's
existing solar regulations and make sure they are adequate. NCTCOG was recently designated as a
technical advisor for the SolSmart program, an initiative through the U.S. Department of Energy;
NCTCOG staff have a number of resources available for cities to use in updating solar-related
regulations in order to reduce barriers for property owners who want to use solar while also ensuring
public safety. After consulting with NCTCOG staff, city staff will bring an amendment to the city's
solar regulations for City Council consideration if needed.
ACTION •
Approval: Based on the information presented, I find the request meets city requirements for
amending the Unified Development Code and make a motion to approve Ordinance 624.
Approval with Conditions: Based on the information presented, I find the request will meet city
requirements for amending the Unified Development Code with certain changes and make a motion
to approve Ordinance 624 with the following changes [list changes].
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 Ordinance 624.
ORDINANCE NO. 624
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 10,
GENERAL PROVISIONS FOR ALL DISTRICTS, SECTION 10.7
MASONRY REQUIREMENTS; BY AMENDING ARTICLE 5 VILLAGE
DISTRICTS, SECTION 5.2.F OTHER USES; AND BY AMENDING
ACCESSORY USES IN TABLE 6.2 OF ARTICLE 6 COMMERCIAL AND
INDUSTRIAL DISTRICTS; BY AMENDING ACCESSORY USES IN
TABLE 7.2 OF ARTICLE 7 EMPLOYMENT CENTER DISTRICTS;
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, the City Council has adopted a Unified Development Code that
regulates 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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code as provided in this
ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on April 20, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on May 15, 2017, with respect to the
amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, Article 22 of the Unified Development Code, and all other laws
dealing with notice, publication, and procedural requirements for amending the Unified
Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Page 1
Section 10.7 "Masonry Requirements" of Article 10, "General Provisions for All Districts"
of the Unified Development Code of the City of Kennedale, Texas, as amended, is
hereby amended to read as follows:
The following materials shall be considered masonry for the purposes of
the masonry requirements throughout the UDC: glass, natural stone, face
brick, face tile, split face concrete masonry units (haydite block),
decorative pattern concrete block masonry units, masonry veneer, and
cement/concrete stucco. This definition excludes cement or concrete fiber
cement siding except as otherwise specifically permitted. In determining
the percentage of masonry required, the surface of the exterior walls
exclusive of the doors and windows shall be measured, up to the eave
area or up to a maximum of 12 feet in height, whichever is less.
SECTION 2.
Sub-section 5.2.F "Other Uses" of Article 5, "Village Districts" of the Unified
Development Code of the City of Kennedale, Texas, as amended, is hereby amended
to read as follows:
F. Other Uses.
1. Accessory Uses. Home occupations are permitted in accordance with
Section 11.18. Solar energy equipment is permitted as an accessory use
in accordance with Section 11.37.
2. Temporary Uses. Temporary construction and sales offices are
permitted in accordance with Section 11.38.
SECTION 3.
Sub-section "Accessory Uses" of Table 6.2 "Schedule of Uses: Commercial and
Industrial Districts" of Article 6, "Commercial and Industrial Districts" of the Unified
Development Code of the City of Kennedale, Texas, as amended, is hereby amended
to read as follows:
Use C-0 C-1 C-2 I Other
Accessory Uses
Accessory buildings P P P P 11.2
Garage sales 11.10
Holiday tree and firewood sales P 11.17
Home occupation 11.18
Outdoor display, accessory retail sales P P 11.23
Outdoor display,temporary accessory retail sales P P P 11.24
Outdoor storage, commercial and industrial P P 11.25
Residential sales 11.30
Solar energy equipment P P P P 11.37
SECTION 4.
Page 2
Sub-section "Accessory Uses" of Table 7.2 "Schedule of Uses: Employment
Center Districts" of Article 7, "Employment Center Districts" of the Unified Development
Code of the City of Kennedale, Texas, as amended, is hereby amended to read as
follows..
Use EC E2C EC
C Other
Accessory Uses
Accessory buildings 11.2
Garage sales 11.10
Holiday tree and firewood sales 11.17
Home occupation P P 11.18
Outdoor display, accessory retail sales P P 11.23
Outdoor display, temporary accessory retail sales 11.24
Outdoor storage, commercial and industrial 11.25
Residential sales 11.30
Solar energy equipment P P P 11.37
SECTION 5
This Ordinance shall be cumulative of all provisions of ordinances and of the Unified
Development Code of the City of Kennedale, Texas (2016), as amended, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and sections of this ordinance are severable, and if any
section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
Page 3
and all violations of the provisions of any ordinances governing the development and
use of property 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 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, 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 10.
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 15" DAY OF MAY, 2017.
APPROVED:
MAYOR, BRIAN JOHNSON
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY, WAYNE OLSON
Page 4
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: DECISION ITEMS- C.
I. Subject:
Discuss and consider approval of an amendment to the current contract with Waste Connections,
regarding the proposed 2017 rate adjustment for residential and commercial solid waste collection,
transport, disposal, and recycling services
II. Originated by:
Kelly Cooper, Director of Human Resources
III. Summary:
On November 1, 2007, the City entered into a contract with IESI TX Corporation to provide residential and
commercial customers with solid waste collection, transport, and disposal for a five-year term, ending
January 31, 2013.
Since that time, the City has entered into two amendment and renewal agreements. The first, on October
3, 2012, extended the contract another five years through January 31, 2018, and amended the rates.
The second amendment, dated May 14, 2015, extended the contract through January 31, 2020, and
included the option to extend the contract for two successive terms of five years each, should the City
desire to do so. It was during this extension that the curbside recycling containers were implemented and
the rates were adjusted to include weekly curbside recycling service.
The current rate adjustment requested in the attached letter is $0.33 per month per customer, which is a
3% ($0.26) increase for garbage collection and a 2% ($0.07) increase for recycling, for a total monthly
residential rate of$12.82. The increase will also include commercial customers. This rate adjustment
request is based on the Consumer Price Index(CPI) and landfill disposal cost increases. The last rate
adjustment for solid waste collection was in 2014.
Per the original contract (attached), letter C. Residential Charges, number(6) and (7) Rate Adjustments,
on page 11, Progressive Waste (now Waste Connections), may request an adjustment based on CPI or
to offset unusual changes in the cost of operations due to or directly resulting from a variety of items,
including landfill costs.
In accordance with the contract, number(7) also states that should the City fail to or refuse to consent to
a requested rate increase—and the contractor can demonstrate that such rate increase is necessary to
offset increased costs—the contractor may, at its discretion, terminate the agreement upon a 180-day
written notice.
Should Council approve the rate adjustment,the new rates would appear on the utility bills dated
June 28, 2017,with the first payment being received in July. Notification of the rate adjustment will
be placed on the city website, in the newsletter, and on Facebook, Twitter, and NextDoor.
Discussion of this rate adjustment will be included as a work session item on the May 15, 2017,
agenda in order that Waste Connection of Texas can present the request to Council and answer
any questions about the proposed rate adjustment.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Related attachments are attached to the Work Session
item.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: May 15, 2017
Agenda Item No: EXECUTIVE SESSION -A.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code
for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under
the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including
discussion of any item posted on the agenda.
II. Originated by:
III. Summary:
At this time, 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