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2007_11.08 CC Packet
CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: NOVEMBER 8, 2007 START TIME: � �,,r PM END TIME: PM ROLL CALL: PRESENT ABSENT MAYOR,BRYAN f LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON COUNCILMEMBER JERRY MILLER COUNCILMEMBER DAVID GREEN COUNCILMEMBER RONNIE NOWELL CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER ✓. BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY WAYNE K.OLSON COMM.DEV.DIR. MARK WHITE ,,/ FIRE CHIEF SCOTT RAVEN DIR.OF FINANCE CLIFFORD BLACKWELL WATERIWASTEWATER LARRY LEDBETTER STREET SUPERVISOR GLEN GREENWOOD COURT ADMIN. BOBBIE SPENCE UB ADMIN. LUCY POLK CODE ENF. LARRY HOOVER AGENDA CONTINUED PAGE 2 V KENNEDALE CITY COUNCIL NOVEMBER 8,2007 VII. PUBLIC HEARING(S) a. To receive citizens' comments regarding a proposed ordinance relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in the state of Texas for assembling, storing, manufacturing, processing, or fabricating purposes, b. To receive citizens' comments regarding a proposed ordinance granting a franchise to Atmos Gas Energy Corporation. VIII. CONSENT AGENDA The following items are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence,as a routine agenda item. a. Approval of minutes: Regular meeting dated October 11,2007. b. Approval of Quarterly Investment Report. C. Approval of Change Order for 16"water line. IX. REGULAR ITEMS d. Review and consider appointment of Magistrates to serve in Municipal Court. e. Review and consider Ordinance No. 380, establishing Library Advisory Board Alternates. f. Review and consider Ordinance No. 381,Animal Control Ordinance. g. Review and consider Ordinance No. 382, providing for the taxation of goods-in- transit exempt under Section 11.253 of the Tax Code. h. Review and consider Construction Manager Proposals. i. Review and consider solid waste proposal, and authorize City Manager to negotiate contract. j. Review and consider approval of Resolution No. 242, Election of members to the Board of Tarrant Appraisal District. k. Review and consider Ordinance No. 383, granting a franchise to Atmos Gas Energy Corporation. AGENDA CONTINUED PAGE 3 KENNEDALE CITY COUNCIL NOVEMBER 8,2007 X. 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 on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; regulation of sexually oriented businesses; and litigation,settlement offers,and/or claims regarding the following matters: 1. H&A Land Corporation, d/b/a Showtime Cabaret v.City of Kennedale; Cause No. 402-CV-0458-Y(Dreamer's). 2. City of Kennedale v.Log Cabin;Cause No. 342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. b. The City Council will meet in closed session to deliberate the appointment, employment,evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee,Section 551.074,Texas Government Code. 1, KEDC Personnel C. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property—Oak Crest Addition, Lots 4, 5 and 20, Block 7. XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION,IF NEEDED. a. Review and consider settlement agreement with Log Cabin. b. Review and consider appointments/re-appointments to the Kennedale Economic Development Corporation. XII. ADJOURNMENT Work Session STAFF REPORT TO MAYOR AND COUNCIL Date: October 31, 2007 Item: I Subject: Work Session Discussion will take place on the following items: (a) Solid Waste Proposals; (b) Contract Manager Proposals; (c) Any item on the agenda, if needed. Originated by Kathy Turner, City Secretary Disposition by Council: Regular Session Presentation(s) STAFF REPORT TO MA YOR AND COUNCIL Date: 10/25/2007 Item No: Subject: Mayor Presentation to Fire Department — 2006 Life Safety Achievement Award The Kennedale Fire Department has been presented with the 2006 Life Safety Achievement Award by the Residential Fire Safety Institute. The Kennedale Fire Department qualified for this award by having a comprehensive fire prevention program that includes: - Fire Codes - Building Plan Review - Fire Inspection Program - Public Fire Safety Education - Smoke Detector Program and for having no lives lost in residential fires in 2006. This is the third year in a row that the Kennedale Fire Department has received this award. Originated by: Scott Raven -- Fire Disposition by Council: Chief/Fire Marshal Visitor/Citizens Forum STAFF REPORT TO MAYOR AND COUNCIL Date: October 31,2007 Item: V. Subject: Visitor/Citizens Forum I I V. VISITOR.ICITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda May speak to the Council, provided that a"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 Presiding Officer rather than individual Councilmembers or staff. All speakers must limit their comments to the subject matter as listed on the"Speaker's Request Form." No formal action can be taken on these items. Originated by Kathy Turner, City Secretary Disposition by Council: I t Y i l t ReportslAnnouncements ............... STAFF REPORT TO MAYOR AND COUNCIL Date: October 31, 2007 Item: VI. Subject: Repoils/Announcements. a. City Manager b. City Council C. Mayor Originated by Kathy Turner, City Secretary Disposition by Council:. Public Hearing(s) .......... ........... ... .... .............. .. .... STAFF REPORT TO MAYOR AND COUNCIL Date: October 31,2007 Items: VII a-b Subject: Public Hearing(s) City Council will receive citizen's comments on the following matter: a. To receive citizens' comments regarding a proposed ordinance relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in the sate of Texas for assembling, storing, manufacturing,processing, or fabricating purposes. b. To receive citizens' comments regarding a proposed ordinance granting a franchise to Atmos Gas Energy Corporation. Originated by Kathy Turner,City Secretary Disposition by Council: Consent Agenda .. ... .... .... ...... STAFF REPORT TO MAYOR AND COUNCIL Date: October 31,2007 Item: VIII. Subject: Consent Agenda CONSENT AGENDA The following items have been placed under Consent Agenda. These items are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember requests that an item be removed from the Consent Agenda and be considered, in sequence, as a routine agenda item. Recommend Council approval. Originating by Kathy Turner, City Secretary Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER S,2007 CONSENT AGENDA ITEM NUMBERS: VIII a through VIII c REQUEST TO REMOVE: ITEM PERSON: ITEM PERSON: ITEM PERSON: MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN t/ NOWELL i I ORDINANCE/RESOLUTION NO. CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Consent Agenda Item a. ...... ....... ..... STAFF REPORT TO MAYOR AND COUNCIL Date: October 30,2007 Item: VIII-a Subject: Approval of minutes. Draft copy of the City Council minutes dated October 11, 2007 is attached for Council's review and consideration. Originated by Kathy Turner, City Secretary Disposition by Council: 3279 MINUTEST€€' KENNEDAtVIT Y.? OUNIL Rl QL-1- AR EETINIt' Oc 'TOBER 11, 2007 405 MUNIMRAL I t.—K 'sIEDALE MUNICIPAL BLDG. Mayor Lankhorst called the rl o`eting to order at 5:30 p.m. Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmembei's Brian Johnson, Jerry Miller, David Green, and Ronnie Nowell. Members absent: None Staff present: Bob Hart, City Manager; Celeste Brown, Administrative Assistant; Clifford Blackwell, 111, Director of Finance; Mark White, Community Development Director; Lamy Hoover, Code Compliance Officer; Tommy Williams, Chief of Police; Scott Raven, Fire Chief; Glenn Greenwood, Street Superintendent; and Wayne K. Olson, Legal Counsel. I. WORK SESSION Discussion will take place on the following items: a. Overlay District Councilmernber, Jerry Miller addressed the Overlay District Ordinance. Miller advised that the overlay ordinance included in the Council packet would not override the existing ordinance established for the Loop 820/120 corridor and Business 287 south east to the center line of Village Creek due to ongoing litigation. However, the proposed ordinance would amend the existing ordinance beginning with the centerline of Village Creek proceeding southeast through the city limits to the city limit line. Miller said Council would notice building regulations were omitted due to ongoing discussions, and that landscaping and signage section had been amended to refer people to those specific ordinances. Open discussion then took place regarding the proposed amendments and the need to identify and articulate the city's future development. Additional meetings will be held with the city advisory boards and council prior to sending the ordinance to the Planning and Zoning Commission for required public hearings, and final adoption before Council. b. Landscape Ordinance—No discussion. C. Brownsfield Grant—No discussion. d. UTA Citizen Opinion Survey questions—No discussion. e. Any item on the agenda, if needed. No further discussion,Mayor Lankhorst closed the work session at 6:55 p.m. Ill. REGULAR SESSION Mayor Lankhorst called the regular session to order at 7:00 p.m. 3280 III. INVOCATION AND PLEDGE OF ALLEGIANCE Council recited the Pledge of Allegiance, and Bob Hart, City Manager gave the invocation. IV. PRESENTATIONS) a. Mayor Lankhorst will present a Proclamation declaring Municipal Court Week. Mayor Lankhorst presented a Proclamation to Bobbie Spence, Court Administrator declaring November 5 through 9, 2007 as Municipal Court Week. V. VISITOR/CITIZENS FORUM Eric Elam, 349 Kennedale Sublett Rd., Kennedale, TX addressed Council regarding his concerns with the city's property manager, Quine and Associates who manage the shopping center strip. VY. REPORTS/ANNOUNCEMENTS a. City Manager Bob Hart, City Manager announced that October was Fire Prevention Month, which is actively promoted by the National Fire Association and fire departments across the country. Hart said an open house was scheduled by the Kennedale Fire Department on Saturday, October 13th from 12 noon till 3 p.m., and invited everyone to attend. b. City Council Councilmember, Brian Johnson thanked the Chamber of Commerce for holding their annual golf tournament, and said it was very successful. Mayor Pro-Tem,John Clark welcomed Councilmember,Ronnie Nowell back. Councilmember, Ronnie Nowell thanked the Fire Department for their assistance at last month's council meeting, and said his illness was nothing major. Councilmember, Jerry Miller asked for an update on the city's telephone system and web portal. Bob Hart, City Manager advised that Charter was making connections this week, and system should be up and running in three weeks. Wireless system should follow with the creation of the web portal, and on-going work is being conducted with several businesses throughout town and data is being loaded at present. Hart said he is waiting on feed back to finalize process and portal should be up and running within two months, then an intra-net should be established within the community. C. Mayor—No reports/announcements. VII. PUBLIC HEARINGS) a. To receive citizens comments regarding Case #PZ 07-04, a request for re-plat of 2.358 acres with the proposed legal description being Lot IRA and 1RB, Block A 3281 of the Lilly Estates Addition in the City of Kennedale, Tarrant County, Texas. The property's current legal description is Lot 1, Block A of the Lilly Estates Addition located at 320 N Little School Road as requested by James and Sandra Dailey. Ron and Sandy Dailey of 6608 Glen Dale, Arlington, Texas 76107 registered to answer questions regarding Case#PZ 07-04, if any.. No other persons registered to speak for or against Case #PZ 07-04; therefore Mayor Lankhorst closed the public hearing. b. To receive citizens comments regarding Case#PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417 High Ridge Road. The zoning at the present time is "C-1" (Restricted Commercial) and is proposed to `rezone to "MH" (Manufactured Home) as requested by Robert C. Moren Jr. No persons-registered to speak for or against Case #PZ 07-05; therefore Mayor Lankhorst closed the public hearing. VM. CONSENT AGENDA Bob Hart,City Manager requested item d removed from the consent agenda. CounciImember, Jerry Miller requested item a removed from the consent agenda. a. Approval of minutes: Regular Meeting dated September 13, 2007. b. Consider approval of Resolution No. 238, approving certain enumerated projects by the KEDC and authorizing expenditures for those projects. C. Consider approval of Resolution No. 239, authorizing the City Manager to enter into an agreement with Texas Department of Transportation to provide funding for a Selective Traffic Enforcement Program (STEP) Wave Grant. d. Consider approval of Change Order No. I for T-3 Pump Station at Gail Street. e. Consider approval of Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale. f. Consider approval of Resolution No. 240, authorizing fhe submittal of a Community Wide Brownsfaeld Assessment Grant. g. Consider approval of Resolution No. 241 suspending rate increase proposed by Atmos Energy Corporation. Mayor Pro-Tern Clark moved to approve consent agenda excluding items d and e. Motion second by Councilmember Nowell. Motion carried (5-0). 3282 IX. REGULAR ITEMS } d. Consider approval of Change Order No. 1 for T-3 Pump Station at Gail Street. Councilmember Nowell moved to approve Change Order No. I for T-3 Pump Station at Gail Street, second by Councilmember Johnson. Motion carried (5-0). e. Consider approval of Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale. Councilmember Miller moved to approve Interlocal Agreement between the City of Arlington and City of Kennedale to provide for the transfer, quit claim and assignment from Arlington to Kennedale of that part of the Kee Branch Water Supply System that exists in the city limits of Kennedale, second by Councilmember Green. Motion carried(5-0). h. Review and Consider Ordinance No. 378, Altering the Prima Facie Speed Limits established for vehicles under the provisions of the Transportation Code, Chapter 545, Section 545.356, upon the basis of an Engineering and Traffic Investigation upon certain streets and highways, or parts thereof, within the corporate limits of the City of Kennedale as set out in the Ordinance and providing a penalty of a fine not to exceed $500.00 for violation of this ordinance. Mayor Pro-Tem Clark moved to table Ordinance No. 378 to allow City Manger to question if speed limit increase will have an adverse reaction on driveway cuts along Kennedale Parkway, second by Councilmember Miller. Motion carried (5- 0). i. Review and consider Case#PZ 07-04, a request for re-plat of 2.358 acres with the proposed legal description being Lot IRA and IRB, Block A of the Lilly Estates Addition in the City of Kennedale, Tarrant County, Texas. The property's current legal description is Lot 1, Block A of the Lilly Estates Addition located at 320 N Little School Road as requested by James and Sandra Dailey Councilmember Johnson moved to approve Case #PZ 07-04, re-plat of Lilly Estates, Lot IRA and IRB, BIock A. Motion second by Councilmember Miller. Motion carried(5-0). j. Review and consider Ordinance No. 379, Case #PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417 High Ridge Road. The zoning at the present time is "C-I" (Restricted Commercial) and is proposed to rezone to "MH" (Manufactured Horne) as requested by Robert C. Moren Jr. Councilmember Green moved to deny Ordinance No. 379, second by Mayor Pro- Tern Clark. Motion carried(5-0). 3283 k. Review and consider appointments/re-appointments to the Kennedale Economic Development Corporation. Councilmember Miller recommended Donnie Graham be moved from an Alternate position on the Board of Adjustment to a regular member on the KEDC. Councilmember Miller then moved to appoint Donnie Graham to Place 5 to serve a two year term to expire 2009, second by Councilmember Johnson. Motion carried (5-0). Mayor Pro-Tern Clark moved to re-appoint Rob Morris to Place 1, and Beverly Hayes to Place 3 to serve a two year term to expire 2009. Councilmember Miller recommended splitting above appointments. Mayor Fro-Tem Clark revised motion to re-appoint Beverly Hayes to Place 3 to serve a two-year term to expire in 2009, second by Councilmember Nowell. Motion carried(5-0). Mayor Pro-Tern Clark moved to re-appoint Rob Morris to Place 1 to serve a two- year term to expire in 2009, second by Councilmember Green. Councilmember Nowell requested discussion on appointment in executive session. Legal Counsel advised agenda not posted for discussion and could not be done during this meeting. Mayor Pro-Tem Clark withdrew his motion to allow further discussion on other applicants; Councilmember Green withdrew his second. Mayor Lankhorst called upon applicant, Rebecca Mowell to introduce herself. Mrs.Mowell introduced herself and gave a brief background before Council. Councilmember Johnson moved to appoint Rebecca Mowell to Place 7 to serve a two-year term, second by Councilmember Nowell. Motion carried(5-0). Mayor Pro Tern Clark moved to withhold appointment of Place 1 until further discussion at appropriate time, second by Councilmember Nowell. Motion carried (5-0). I. Review and consider approval to authorize City Manager to execute agreement with Tarrant County for the construction of the 6100 block of Pennsylvania Avenue. Councilmember Johnson moved to authorize City Manager to execute agreement with Tarrant County for the construction of the 6100 block of Pennsylvania Avenue, second by Councilmember Miller. Motion carried(5-0). No further business, Mayor Lankhorst recessed the meeting at 7:50 p.m. to enter into executive session. 3284 X. EXECUTIVE SESSION 1 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 on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; weight permits on Dick Price Road; regulation of sexually oriented businesses; impact fees; and litigation, settlement offers,and/or claims regarding the following matters: 1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-0458-Y(Dreamer's). 2. City of Kennedale v, Log Cabin;Cause No. 342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. XI. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION,IF NEEDED. Mayor Lankhorst reconvened into open session at 9:09 p.m. with no action taken on executive session items. XH. ADJOURNMENT Councilmember Nowell moved to adjourn the meeting at 9:10 p.m., second by Councilmember Miller. Motion carried(5-0). APPROVED: Mayor,Bryan Lankhorst ATTEST: Kathy Turner, City Secretary i i Consent Agenda - Item b. a J STAFF REPORT TO MA YOR AND COUNCIL Date: 11/08107 Item No: Subject: QUARTERLY INVESTMENT REPORT VIII-B Per the Public Funds Investment Act, at least quarterly, a municipality must report to the governing body the status of funds invested by the City of Kennedale, in accordance with the City's Investment Policy adopted on September 13th 2007. Therefore, attached is the report that outlines the percentage of the City funds invested in certain accounts, along with the market value of all invested funds. Also reported is a comparison of interest rates among the City's participating investment pools to the Treasury- bills that matured during the same quarter. RECOMMENDATION: Staff recommends Council accepts the Quarterly Investment Report as reported by Staff. Disposition by Council: Originated by: Clifford Blackwell, Director of Finance STAFF REPORT TO A Y01 A I V D C 0Ul1\�Mlf QUARTERLY INVE STIVIENT REPORT As of September 30th, 2007 The Quarterly Investment Report provides the City's investment portfolio position at September 30, 2007. Funds of the City are invested in accordance with the City of Kennedale Investment Policy as reviewed on September 14, 2006 and approved with Resolution No. 213. Summary of Investmen s for the Quarter The majority (74%) of the City of Kennedale's Investments are owned by the Pooled Cash Fund. While the following funds own percentages of the remaining investments: Debt Service Fund - 0.1%, 1998 CO Bond Fund - 8.5%. Water Sewer Capital Improvement Fund - 17.4%. As of September 30, 2007, 87.2% of the City's investments are in investment pools, while 2.5% are in reverse repurchase agreements, in the form of a sweep account, The remaining 10.3% are invested in a money market savings account. Both the sweep account and the money market savings account are collateralized by AAA rated securities. TexPool, Texas Term, and TexStar have all declared the following: 1) Their investment portfolios meet the Public Funds Investment Act, 2) They are rated as AAA money market funds by a nationally recognized rating service, and 3) The Net Asset Value of the pools are maintained within the required range at all times. Beginning Book Value (all) 07/01/2007 $ 12,271,318.83 3rd Qtr Deposits $ 3,476,308.87 3rd Qtr Withdrawals ($ 5,630,220.26) Interest Earned $ 142,580.65 Ending Book Value (all) 09/30/2007 $ 10,259,988.09 Market Value of As of September $ 10,259,988.09 Investments 30th Weighted Average Maturity TEXPOOL Between 27& 43 days TEXAS TERM Between 24 & 29 days TEX STAR Between is & 84 days Portfolio of Term Investments for 3rd Quarter The City does not currently own any fixed term maturities Portfolio of Agency Investments for 3rd Quarter The City does not currently own any agency securities. Investment Strategies The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all investments with prudent judgment and care, and (4) to Page 1 of 2 STAFF REPORT TO MA FOR AND COUNCIL attain a rate of return commensurate with the City's investment risk constraints. The City does not purchase high-risk investments such as derivatives. The following table indicates investment rates for the three-month period ending September 30, 2007. TEXPOOL TXSTAR TX TERM T-BILLS July-07 5.2760% 5.2829% 5.2540% 5.0155% August-07 5.2473% 5.2540% 5.2500% 4.9044% September-07 5.1330% 5.1175% 5.1800% 4.7640% Average Rates 5.2188% 5.2181% 5.2280% 4.8946% QUARTERLY RATE COMPARISON 5.7000% �– 5.4000 TEXPOOL °/a — - } TXSTAR 5.1000% = TX TERM --� 4.8000% T-BILLS_ 4.5000% Jul-07 Aug-07 Sep-07 The average 13 week T-Bill Rate that matures during this quarter was considerably l+.-ss than the rates currently being offered by TexPool, TexStar, and TERM Daily. Most funds were invested in the investment pool in order to achieve the greatest liquidity while earning a competitive yield. New Reporting Requirements This report is in compliance with the investment strategies as approved and the Public Funds Investment Act. 0,V, " CliffordAlackwell, Director of Finance k"y Bob Hart,tity Manarer Page 2 of 2 w M o o Ua ° q o .a�i v m rn o 0 0 0 0 0 o o o o 0 o a o cli o 6 0 M 0 0 0 W N 0 a 0 o ei d d o 0 0 0 0 0 d t T N D y Ay ° �J X10 Q to N m N N a m m (ff O OD 00 (O of w , C N u~3 M M V O t CO M M O — M M m r 0) N O co r m h N r N M N O r O fro N to N N O (a CS 1� M1 rT co ' F— ( M M 'a 9 M N °n ° M 00 co Lu 0 N O co 00 r- N L (V CO N CD m L] r to P N �~n Cl) � m .. . . . . (O OR "ZOL IQ Oct cc C d r rn o o M U) . . . 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STAFFREPORT TO CITYCOUNCIL Date: October 34, 2007 Item: VIII-c Subject: 16"Water Line and Meter Station Change Order-Water Line & Meter Station This item concerns the 16" water line and meter station project being constructed as part of the water connection to the City of Fort Worth. Because of other utility conflicts, a portion of the line (approximately 445') was laid in the pavement of Everman Kennedale Burleson Road. This section is under the jurisdiction of Tarrant County. The plans provide for a street repair of the ditch line which was based on the county specifications. However, their policy now requires an overlay of the entire roadway width of the disturbed area. Staff recommends the change order be approved. Originated by: Disposition by Council Mark M. White Director of Community Development Kimsey-Horn and Associates, Inc. September 27, 2007 in Mr.Mark White Suile 1025 801 Cherry Streel,UnA 11 Community Development Director Forl Worlh,texas City of Kennedale 76102 405 Municipal Drive Kennedale,Texas 76060 Re: Change Order No. 2 16-inch Water Line and Metering Station KHA.No. 0611-56001 Dear Mark: Attached please find three(3)original copies of Change Order No. 2 for the referenced project. Changes to the original contract by Change Order No. 2 include: 1) Tarrant County Transportation Department requirements for asphalt pavement repair and asphalt overlay of Everman-Kennedale-Burleson road within the County's jurisdiction. Kimley-Horn recommends approval of the$32,040.25 increase in contract amount. Change Order No.2 results in a revised total contract amount of$1,149,064.66. A summary of the original contract amount and change orders to date follows: Original Contract Change Order Change in Contract Revised Contract Amount Number Amount Amount $1,112,130.25 1 +4,894.16 $1,117,024.41 2 +32,040.25 $1,149,064.66 Net Change in Original Contract Amount through Change Orders: +3.32% Please approve and return one(1)copy of Change Order No. 2 to Gin-Spen, Inc. and Kimley-Horn. Very truly yours, KlMLEY-kJ0F,N AND ASSOCIATES, INC. eff James,�P.E RJJ:j 1p Attachments Copy to: Mr.Norman Davis,Gin-Spen,Inc. (w/o attachments) P:l06i i56.ep11CCAVWIL MErStadonVchangeordema CO#2_mlindoc Il TEL 817 335 6511 FAX 817 335 5070 KIMLEY-HORN AND ASSOCIATES,INC. 801 Cherry Street,Unit 11,Suite 1025 Fort Worth,TX 76102 Date: September 27,2007 CHANGE OR EXTRA WORK ORDER NO.2 PROJECT DESCRIPTION: 16-inch Water Line&Metering Station KHA Project No.: 061156001 OWNER: City of K.ennedale,Texas CONTRACTOR: Gin-Spen,Inc.. ORIGINAL CONTRACT AMOUNT: $1,112,130.25 REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 1: $1,117,024.41 REVISED CONTRACT AMOUNT PER CHANGE ORDER No.2: $1,149,064.66 REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 3: CHANGE OR EXTRA WORK TO BE PERFORMED Item Decrease in Increase in N_ o. Quantity Description of Item Unit Price Contr.Price Contr. Price 35 1 LS Tarrant County Transporation $ 32,040.25 !s $32,040.25 - Department requirement for asphalt pavement repair& asphalt overlay of Everman- Kennedale-Burleson Road Total Increase in Contract Amount: $32,040.25 Total Decrease in Contract Amount: $0.00 Net Increase in Contract Amount: $32,040.25 Revised Contract Amount: $1,149,064.66 Net Increase/(Decrease)in Contract Time of Completion: No Change Revised Contract Time of Completion: No Change Recommended b ley-Horn and Associates,Inc. Approved by City of Kennedaie B B Accepted by Contractor By Distribution 1-Owner, 1 —Contractor, 1 -KHA Office j M O O � c") LC3 O 00 00 +-' 00 U00 C r- I) cn W 0 0 O O r r O O LO M © m d CO O m O O O U') r CO 00 O co O O O r- t0 N N N r C+7 Cfl I� I n r �^ co CO CO N co 4? CV V Ry p� O o o O O o 'p c _a) 0 0 o O° o O° O° C O = o 00 000 c� can c` C m E [ 00 CY7 r r- r E w T cri Y (D vi O � C-� C.? o o '7 N (D a Li J Y r N a d3 r O cll p C � L L T L L 0y N J .� 0 0 Q c 0 Q Y U) C N E co C C= to co Q C cu c OD co 0 o t-- VI Regular Items Regular Items Item d. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 REGULAR ITEMS: ITEM NUMBER: IX-d MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: )�� 4-�� &,,� am"-d�� STAID REPORT TO CITY COUNCIL Date: November 2, 2007 Item: IX-d Subject: Consider Appointment of Magistrates to serve in Municipal Court The city recently requested appfcations for magistrates and received a number of applications. The applicants were screened with a criminal history check anti were interviewed by the Judge and Administrator. The following four applicants are recommended for appointment: Diane Wilson - for 23 years has been the regional Account Manager for the Federal Courts. Her customers are Federal Judges, For 16 years she taught ART at every education level, Kindergarten through the 12"" grade, and before leaving the teaching field she taught at the college level at UTA. Mrs. WNson has been a resident of Kennedale for 25 years. She participates In 5K runs benefiting cancer in the DFW area, but spends most of her free time with her 3 grandchildren and attends their various functions. She currently can only assist us on the weekends or everxing hours. She has plans to-retire December 31, 2008 and will have with more flexible hours after that date. Education. Masters of Science in Fine Arts and Education. Ron McKuin - he is a business owner - Wear Master Inc. located in Kennedale. He is a member of the Kennedale Chamber of Commerce, and Lakeside Church of Christ. He is available to assist us as needed. Educadofr BSME-Mechanical Engineer William (Bill) Atchley He grew up in Forest Hill, but moved to Kennedale in 1997.Mr. Atchley is a minister .and has had 2 churches.that he was a minister for, the Beverly Hills. Baptist Church in Sampson Park and Freedom Community Church In Midlothian. He is now retired but is currently seeking a new church to minister for. He was a state election Judge for 2 years. In the past he ran for city council in Kennedale, and owned 2 businesses in Kennedale.Mr.Atchley is available to assist us any time. Education: Doctor of Theology, THD. Gregory Hudson - he is currently a law student at Texas Wesleyan University. He moved to Kennedale in . 2005 from Lafayette La. to pursue his law degree. Due to his current academic schedule he is limited in the times that he can serve the city but has provided a list of times that he is available. .c iiu.►: ,..;.A., trom tine University of Louisiana, and a B.S. from Louisiana St. University. Originated by: Disposition by Council Bob Hart City Manager Regular Items Item e. ........... ......... CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8, 2007 REGULAR ITEMS: ITEM NUMBER:- IX—e � MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAINIABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 380 CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: STAFF REPORT TO MA YOR AND COUNCIL Date: October 31, 2007 Items: Ix4e, Subject: Review and consider Ordinance No. 380, establishing Library Advisory Board Alternates. On October 15,2007,the Library Advisory Board met and discussed adding alternates to the board. The majority of the board felt that it was an excellent idea to aid in discussions and to assist with having a quorum present. The attached ordinance has been prepared to amend Chapter 16 of the Kennedale City Code providing for the creation and appointment of Alternate Library Advisory Board Members. This ordinance will create alternate positions (Places 6 and 7)to the board for a total of seven members. Place 6 will expire in 2008 along with Places 2 and 4, and Place 7 will expire in 2009 along with Places 1, 3 and 5. Currently one application is on file. A notification was placed in the November water billing to solicit additional applications with appointments to follow at the December meeting. Recommend approval. Originated by:Kathy Turner,City Secretary Disposition by Council: ORDINANCE NO.380 AN ORDINANCE AMENDING CHAPTER 16 OF THE KENNEDALE CITY CODE; PROVIDING FOR THE CREATION AND APPOINTMENT OF ALTERNATE LIBRARY ADVISORY BOARD MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pu suant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government C de; and WHEREAS, Chapter 6, Article V. of the City Code establishes a Library Advisory Board; and WHEREAS, Chapter 16, rticle V. of the City Code sets forth the membership of the Library Advisory Board; and WHEREAS, the City Coun it desires to allow for the appointment of alternative members to the Library Advisory Boar NOW, THEREFORE, BE IT ORDA D BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS. S ction 1. Section 16-61 of the Kennedale City Code, is h reby amended to read as follows: Section 16-61. Number of members an qualifications. The Board shall consist of five (5) regular nembers designated by places 1 through 5, and two (2) alternate members designated by plat 6 and 7 who must meet the following qualifications: (1) Is a registered voter of the City; (2) Has resided in the City for at least on year; and (3) Continues residency in the City during t e term of office. Section 16-62 of the Kennedale City Code is hereby amended to rea follows: Section 16-62. Appointment,terms of office, removal,and vacancy. (a) The City Council shall appoint seven (7)-qualified persons to serve two-year terms on the Board. The members of the board shall be identified by place numbers. The initial term; for regular board members serving in places 1, 3 and 5 shall be until July of 2009. Thereafter, places 1, 3 and 5 shall be appointed in July of each odd-numbered year. Alternate board member 7 shall also be appointed in each odd-numbered year. The initial term for regular board members serving in places 2 and 4 shall be until July of 2008, Thereafter, places 2 and 4 shall be appointed in July of each even-numbered year. Alternate board member 6 shall also be appointed in each even-numbered year. Page T of 2 (b) The alternate members shall attend each meeting and shall, on a rotating basis, act in the place of an absent regular member. If no standing member is absent, the alternate members shall not vote on any matter. (c) The members of the Board will serve at the pleasure of the City Council. (d) The City Council shall appoint a replacement to fill any vacancy on the Board for the unexpired term of the member whose place has become vacant. (e) A board member may be removed by a majority vote of the city council for cause or without cause. Section 2. This ordinance shall be cumulative of all provision of ordinances and of the Kennedale City Code, as amended, except where the provisions of t ' ordinance are in direct conflict with the provisions of such ordinances and such Code, in w ►ch event the conflicting provisions of such ordinances and such Code are hereby repealed. Section 3 It is hereby declared to be the intention f the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordi ance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinane shall be declared unconstitutional by the valid judgment or decree of any court of compete t jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, ntences, paragraphs and sections of this ordinance, since the same would have been enacted b the City CouneiI without the incorporation in this ordinance of any such unconstitutional phr e,clause, sentence,paragraph or section, Section 4. This ordinance shall be in full orce and effect from and after its passage and publication as required by law, and it is so ordain d. PASSED AND APPRO D ON THIS S DAY OF NOVEMBER,2007. MAYOR,BRYAN LANKHORST ATTEST: KATHY TURNER,CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: WAYNE K. OLSON, CITY ATTORNEY Page 2 of 2 ORDINANCE NO.380 AN ORDINANCE AMENDING CHAPTER 16 OF THE KENNEDALE CITY CODE;PROVIDING FOR THE CREATION AND APPOINTMENT OF ALTERNATE LIBRARY ADVISORY BOARD MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 16, Article V. of the City Code establishes a Library Advisory Board; and WHEREAS, Chapter 16, Article V. of the City Code sets forth the membership of the Library Advisory Board; and WHEREAS, the City Council desires to allow for the appointment of alternate members to the Library Advisory Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS. Section 1. Sections 16-61 and 16-62 of the Kennedale City Code are hereby amended to read as follows: Section 16-61. Number of members and qualifications. The Board shall consist of five (5) regular members designated by places 1 through 5, and two (2) alternate members designated by places 6 and 7 who must meet the following qualifications: (1) Be a registered voter of the City; (2) Shall have resided in the City for at least one year; and (3) Continue residency in the City during the term of office. Section 16-62. Appointment,terms of office, removal,and vacancy. (a) The City Council shall appoint seven (7) qualified persons to serve two-year terms on the Board, except as provided below: (1) The term for regular board members serving in places, 1, 3, and 5 shall expire July 31, 2009. Thereafter, regular board members serving in places 1, 3, and 5 shall be appointed in July of each odd-numbered year. The initial term for the alternate board member appointed to serve in place 7 shall also Page l of 3 expire July 31, 2009. Thereafter, the alternate board member serving in place 7 } shall also be appointed in each-odd numbered year. (2) The term for regular board members serving in places 2 and 4 shall expire July 31, 2008. Thereafter, regular board members serving in places 2 and 4 shall be appointed in July of each even-numbered year. The initial term for the alternate board member appointed to serve in place 6 shall also expire July 31, 2008. Thereafter, the alternate board member.serving in place 6 shall also be appointed in each even-numbered year. (b) The alternate members shall attend each meeting and shall, on a rotating basis, act in the place of any absent regular member or members. If no standing member is absent,the alternate members shall not vote on any matter. (e) The members of the Board will serve at the pleasure of the City Council. (d) The City Council shall appoint a replacement to fill any vacancy on the Board for the unexpired term of the member whose place has become vacant. (e) The City Council shall have the authority to remove any Board Member by majority vote. Section 2. i, This ordinance shall be cumulative of all provisions of ordinances and of the Kennedale City Code, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,clause,sentence, paragraph or section. Section 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. Page 2 of 3 PASSED AND APPROVED ON THIS 8TH DAY OF NOVEMBER,2007. i MAYOR,BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: WAYNE K. OLSON,CITY ATTORNEY Page 3 of 3 Regular Items Itemf CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 k REGULAR ITEMS: ITEM NUMBER: IX-f MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER ✓ GREEN NOWELL ORDINANCEJRESOLUTION NO. 381 CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: STAFF REPORT TO MAYOR AND COUNCIL DATE: Item No: Subject: Review and consider Ordinance No. 381, Animal Control November S, 2007 ix� Ordinance Revision. During the last legislative session, a bill was passed enacting a new law dealing with restrained animals. The law lays out specific requirements for dogs that are kept on a leash, chain, or other restraint that restricts their movements. It was decided that our animal control ordinance needed to include this law to allow us to enforce it as a local ordinance violation rather than state law. At the same time it was the desire of our animal control officer to make some changes to other sections of the ordinance. • A revision was made to the rabies vaccine requirement to allow a 12 or 36 month serum. The animal owner now will have the ability to choose which serum is right for their circumstance. • A section was added to prohibit confinement of an animal within a vehicle when it is detrimental to the animal. • A section was added that authorizes the animal control officer to carry and utilize a tranquilizer gun. • Sections were added to require owners and caretakers to feed, water and maintain animals. • The new ordinance has also been reformatted to read more easily. Because of these alterations and additions it was decided to rescind the old ordnance entirely and enact a new ordinance. The new ordinance has been reviewed by the city attorney. Staff recommends enactment of the new ordinance. Originated by: Disposition by Council: Chief Tommy Williams ORDINANCE NO.381 AN ORDINANCE AMENDING CHAPTER 3 - ANIMALS OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE TEXAS BY REPEALING CHAPTER 3 -- ANIMALS IN ITS ENTIRETY ANID REPLACING IT WITH A NEW CHAPTER 3 —ANIMALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article X1 Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code, and WHEREAS,the City has previously enacted ordinances now codified in Chapter 3 of the Kennedale Code of Ordinances and regulating the care custody and control of animals within the City, and WHEREAS, the City Council has determined that it is in the best interest of the citizens to repeal the existing ordinance and replace it with an updated ordinance, and WHEREAS, the City Council has determined that this amendment to the City Code of Ordinances will advance the health, safety, and general welfare of the citizens of the City of Kennedale. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS. SECTION I. ARTICLE I. IN GENERAL Sec.3-1.Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cat means any live or dead cat(Felis catus). Callan means any collar constructed of nylon, leather, or any other material specifically to be used for a dog. Page 1 of 18 Currently vaccinated means vaccinated and satisfying the following criteria: (1) The animal must have been at least three (3) months of age at the time of vaccination. (2) At least thirty(30)days have elapsed since the initial vaccination. (3) Not more than twelve (12) months have elapsed since the most recent vaccination. Dangerous dog means a dog that: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own;or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Dangerous incident means an incident involving an unprovoked attack or act as described in the definition of"dangerous dog". Dog means any live or dead dog(Canis familiaris). Domestic animal includes all species of animals commonly and universally accepted as being domesticated. Harboring means the act of keeping and caring for an animal or of providing a premises to which the animal returns for food,shelter or care for a period of three(3)days. Local health authority means a person designated by the city to receive reports of animal bites, investigate bite reports, ensure quarantine of possibly rabid animals and otherwise carry out provisions of state law pertaining to control and eradication of rabies. "Local health authority" shall have the same meaning as "local rabies control authority". Owner means any person who owns, keeps, shelters, maintains, fccds, harbors, or has temporary or permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupied by the person over which the person has control. An animal shall be deemed to be owned by a person who harbored, fed, or sheltered it for three(3)or more consecutive days. Properly fitted means with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch. Pet animal includes dogs, cats, rabbits, rodents, birds, reptiles and any other species of animal which is sold or retained as a household pet but shall not include skunks, nonhuman primates and any other species of wild, exotic or carnivorous animal that may be further restricted in this chapter. Restraint means a chain,rope, tether, leash,cable, or other device that attaches a dog to a stationary object or trolley system. Running at large means an animal that: Page 2 of 18 (1) While on the owner's property is not completely confined by a physical wall or fence of sufficient strength or construction to restrain the animal and isolate the animal from the public and from other animals; or (2) While not on its owner's property, is not on a secure leash and accompanied by its owner. An animal confined within an automobile or other vehicle of its owner shall not be deemed to be running at large. Secure enclosure means a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of dog; (4) Clearly marked as containing a dangerous dog; and (5) In conformance with the requirements for enclosures established by the animal control officer. Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Stray animal means any animal for which there is no identifiable owner or harborer. Vaccinated means properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture. Vicious animal means any individual animal or any species that has on two (2) previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the local health authority has reason to believe has a dangerous disposition, or any species of animal which the local health authority has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. Wild animal includes all species of animals which commonly exist in a natural unconfined state and are usually not domesticated, including, but not limited to the following: a lion, a tiger, an ocelot, a cougar, a leopard, a cheetah, a jaguar, a bobcat, a lynx, a serval, a caracal, a hyena, a bear, a coyote, a jackal, a baboon, a chimpanzee, an orangutan, a gorilla, and any hybrid of any animal falling under this definition. This shall apply regardless of state or duration of captivity. (Ord.No. 85-10, § 1, 8-8-85; Ord.No. 227, § 1(A), 11-8-01; Ord. No. 300, § 1,9-13-05) Cross references: Definitions and rules of construction generally, § 1-2. Sec.3-2.Penalty. Except as otherwise stated,violations of this chapter are punishable as provided in section 1-6. See. 3-3. Enforcement. (a) Enforcement of this chapter shall be the responsibility of the local health authority or an animal control officer. Page 3 of 18 (b) The local health authority or animal control officer or police officer shall have the authority to issue citations for any violation of this chapter. (c) If the person being cited is not present, the local health authority or animal control officer or police officer may send the citation to the alleged offender by registered or certified mail. (d) It shall be unlawful for any person to interfere with the local health authority or animal control officer or police officer in the performance of duties. (e) When acting in the course and scope of his employment, the animal control officer shall be and is hereby authorized to carry on his person or in his vehicle loaded tranquilizer guns approved by the director of animal control and not in violation of any provision of the Texas Penal Code or any other applicable state law. The tranquilizer guns will only be carried after the animal control officer has completed an approved training course on its use. The animal control officer will be required to maintain current certification on the use of the tranquilizer guns. (Ord.No. 85-10, § 11, 8-8-85) Sec.3-4.Running at large. It shall be unlawful for any dog, cat, or other animal possessed,kept, or harbored to run at large. (Ord.No. 85-10, § 5, 8-8-85) State law references: Authority to require restraint of dogs,V.T.C.A.,Health and Safety Code § 826.033; penalty for violation of section, V.T.C.A., Health and Safety Code § 826.034; authority to prohibit livestock from running at large,V.T.C.A., Local Government Code § 215.026(b). Sec.3—5.Unlawful Restraint of a Dog. (A)An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: (1) Between the hours of 10:00 p.m. and 6:00 a.m.; (2) Within 500 feet of the premises of a school; or (3) In the case of extreme weather conditions, including conditions in which: (a) The actual or effective outdoor temperature is below 32 degrees Fahrenheit; (b) A heat advisory has been issued by a local or state authority or jurisdiction; or (c) A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (B) In this section a restraint unreasonably limits a dog's movement if the restraint: (1) Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (2) Is a length shorter than the greater of (a) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (b) 10 feet; (3) Is in an unsafe condition;or (4) Causes injury to the dog. (C) Exceptions-This section does not apply to: (1) A dog restrained to a running line, pulley, or trolley system and that is not restrained by means of a pinch-type, prong-type, choke-type, or improperly fitted collar; i ]Page 4 of 18 (2) A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction; (3) A dog restrained for a reasonable period, not to exceed three hours in a 24 hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; (4) A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; (5) A dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (6) A dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. (D)Violation Complaints— (1) If a local health authority, animal control officer, or police officer has reason to believe that an owner has knowingly violated this section, that authority or officer shall furnish the owner with a written statement as notice of the violation. The statement must be signed by the authority or officer and must plainly state the date and time in which the notice was provided to the owner. (2) Failure to comply with this section within 24 hours of being provided with the statement notice will constitute a violation of this section. If the notice is for more than one dog, each dog will constitute a separate violation of this section. (3)This section does not prohibit an owner from walking a dog on a hand-held leash. Sec.3-6. Nuisances. The following acts or conditions are unlawful and a nuisance. No person shall commit such an act or allow such a condition to exist on property under his care, custody or control: (1) The keeping of any animal which by causing frequent or long continued barking, cry or noise shall disturb any person of ordinary sensitivities in the vicinity. (2) The keeping of any animal in such a manner as to endanger the public health, to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another. (3) All animal pens, stables or enclosures in which any animal may be kept or confined which, from use,have become offensive to a person of ordinary sensitivities. (4) No person shall fail to provide any animal in his charge or custody with sustenance, drink, and/or protection from the element,or cause any of these acts to be done. (5) No person shall maintain any place where fowl or any animals are suffered to fight upon exhibition,or for sport upon wager. (6) The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare. (7)No person shall tie or tether a dog to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the animal control officer or a police officer. (Ord.No. 85-10, § 6, 8-8-85) Page 5 of 18 See.3-7.Prohibited animals. (a) It shall be unlawful for any person to sell, offer for sale, barter or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old; rabbits under two (2) months old; unless the manner or method of display is first approved by the local health authority. (b) It shall be unlawful to color,dye, stain or otherwise change the natural color of any chickens, ducklings or other fowl, or rabbits, or to possess for the purpose of sale or to be given away any of the abovementioned animals which have been so colored. (c) It shall be unlawful to own,possess,confine, or care for any wild animal inside the city. (d) It shall be unlawful to release or allow to run at large any wild or vicious animal. (Ord.No. 85-10, § 7, 8-8-85; Ord.No. 227, § 1(B), 11-8-01) State law references: Treatment of live birds,V.T.C.A., Health and Safety Code § 821.003. See.3-8.Vicious animals. (a) Any vicious animal found running at large may be destroyed by any peace officer or animal control officer in the interest of public safety. (b) The animal control officer may order any owner or person having care, control or custody of any vicious animal to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten (10) days to a committee made up of the chief of police or his representative, the city manager or his representative, and the city attorney or his representative. Such committee may uphold, reverse or modify the animal control officer's order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the committee upholds the animal control's order, the owner or person having care, control or custody shall not bring the animal back inside the city limits. (c) If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections (a) and (b) of this section, such animal may be impounded and/or destroyed. (d) The owner or person having care, custody and control of a vicious animal must report the disposition and relocation of such animal to the animal control officer in writing, within ten (10) days after the expiration date for removal of such animal from the city. Each day thereafter such information is not provided shall constitute a separate offense. (e) The animal control officer or a police officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed. (Ord.No. 85-10, § 8, 8-8-85) State law references: Vicious dogs, V.T.C.A., Penal Code § 42.12. Sec.3-9. Livestock. (a) Running at large. It shall be unlawful for the owner or keeper of any horse, mule, donkey, cow, cattle, sheep, goat, hog, or any related animal of the equine, bovine, ovine, antelope, or swine families;to permit the same to run at large. The running at large of horses, mules, donkeys, cattle, sheep, goats, hogs, or related animals of the equine, bovine, ovine, antelope, or swine family, is hereby declared a nuisance. (b) Grazing.. It shall be unlawful for the owner or keeper of any animal named in subsection (a) to permit any such animal to graze upon or be unattended on any public street or thoroughfare Page 6 of 18 within the city, or to permit the same to graze or go upon any public or private property within the city,except by permission of the owner or custodian of such private or public property. (c) G�vner of premises may confine, etc. If any animal named in this section is found upon the premises of any person without permission, the owner or occupant of such premises shall have the right to confine such animal until he can notify the police chief or other designated officer of the city. When so notified, such official shall cause such animal to be impounded. (Code 1977, §§ 2-21--2-23, 2-26) Sec.3-10.Releasing animals within city. It shall be unlawful for any person owning or having possession of any animal to release the animal within the city with the intention of abandoning the animal to run at large as a stray animal. (Code 1977, §2-41) Sec.3-11. Sanitary standards.. The owner of any animal allowed by this chapter to be kept in the city shall comply with the following standards of sanitation for that animal: (1) Remove manure and droppings from pens, stables, yards, cages and other enclosures and handle or dispose of the excretions in such manner as to keep the premises free of any nuisance. (2) Place food only in impervious containers or on impervious surfaces. (3) Equip watering troughs or tanks with adequate facilities for draining the overflow. (Ord. No. 300, § 2,9-13-05) Sec.3-12. Multiple pet ownership. No person or family shall keep or harbor any combination of dogs, cats, or ferrets totaling more than four(4) animals at any one residential location. Puppies, kittens, and baby ferrets under four (4)months of age shall not be counted for purposes of this section. (Ord.No. 300, § 3,9-13-05) Secs.3-12--3-25. Reserved. Sec.3-13. Confinement of animals It shall be a ;violation for any person to confine or allow to be confined any animal in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health or well being of the animal due to heat, lack of food or water, or any other circumstance which causes suffering, disability, or death of the animal. ARTICLE II. RABIES CONTROL* *State law references: Rabies control generally, V.T.C.A., Health and Safety Code ch. 826, municipal rabies control programs, V.T.C.A., Health and Safety Code § 826.015. Page 7 of 18 r Sec. 3-26.Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means a warm-blooded animal. Board means the State Board of Health. Cat means Felis catus. Dog means Canis familiaris. Licensed veterinarian means a veterinarian licensed to practice veterinary medicine in one (1) or more of the fifty(50)states. Quarantine means strict confinement of an animal specified in an order of the board or its designee: (1) On the private premises of the animal's owner or at a facility approved by the board or its designee; (2) Under restraint by closed cage or paddock or in any other manner approved by board rule. Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. Cross references: Definitions and rules of construction generally, § 1-2. State law references: Similar provisions,V.T.C.A.,Health and Safety Code§ 826.002. Sec.3-27.Vaccinations required. The owner of a dog, cat, or ferret shall have the animal vaccinated against rabies by the time the animal is four (4) months of age, and shall ensure that the animal receives a booster shot within twelve (12) months of the initial vaccination. Vaccinations thereafter are required yearly with a 12 month vaccine and every 36 months with a 3 year vaccine. (Ord.No. 85-10, § 2.1, 8-8-85; Ord.No. 300, § 4, 9-13-05) State law references: Rabies vaccinations,V.T.C.A.,Health and Safety Code § 826.021 et seq. See.3-28.Harboring unvaccinated animals. It shall be unlawful for any person to harbor any dog, cat, or ferret which has not been vaccinated against rabies, as provided in this article, or which cannot be identified as having a current vaccination certificate. (Ord. No. 85-10, § 2.6, 8-8-85; Ord.No. 300, § 5, 9-13-05) See.3-29. Certificate of vaccination. Upon vaccination, the veterinarian shall execute and maintain as evidence thereof a certificate upon a form furnished by the veterinarian or the manufacturer of the vaccine. The veterinarian shall provide the owner with a duplicate copy of the certificate. Such certificate shall contain the following information: (1) The name,address, and telephone number of the owner of the vaccinated dog, cat, or ferret; (2) The date of vaccination; (3) The type of rabies vaccine used; (4) The year and number of rabies tag; and (5) The breed,age, color and sex of the vaccinated dog, cat, or ferret. (Ord.No. 85-10, § 2.2, 8-8-85; Ord,No, 300, § 6,9-13-05) Page 8 of 18 Sec.3-30. Rabies tags. (a) Concurrent with the issuance and execution of the certificate of vaccination referred to in section 3-29, the owner of the animal shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number, and bearing the year of issuance and the name of the issuing veterinarian, if any, and his address. The owner shall cause the collar or harness, with the attached metal tag, to be worn by his animal at all times. (b) It shall be unlawful for any person who owns or harbors a vaccinated animal to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this chapter. (c) In the event of loss or destruction of the original tag, the owner of the animal shall obtain a duplicate tag. Vaccination certificates and tags shall be valid only for the animal for which it was originally issued. (Ord.No. 85-10, §§ 23--2.5, 8-8-85; Ord. No. 300, § 7, 9-13-05) Sec.3-31.Reports of rabies. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local health authority. (b) The report must include: (1) The name and address of the victim and of the animal's owner, if known; and (2) Any other information that may help in locating the victim or animal. (Ord.No. 85-10, §§ 21, 2.7, 3, 4, 8-8-85) State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.041. Sec.3-32. Quarantine of animals. An owner shall submit to the local health authority for quarantine an animal that:. (1) Is reported to be rabid or to have exposed an individual to rabies; or (2) The owner knows or suspects is rabid or to have exposed an individual to rabies. (Ord.No. 85-10, §§ 2.1,2.7, 3,4, 8-8-85) State law references: Similar provisions, V.T.C.A.,Health and Safety Code § 826.042. Sec. 3-33.Release or disposition of quarantined animal. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the local health authority shall release the animal to its owner when the quarantine period ends if: (1) The owner has an unexpired rabies vaccination certificate for the animal; or (2) The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the local health authority shall humanely destroy the animal. If an animal dies or is destroyed while in quarantine, the local health authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. (c) The owner of an animal that is quarantined under this division shall pay to the local health authority the reasonable costs of the quarantine and disposition of the animal. The local health authority may bring suit to collect those costs. Page 9of18 (d) The local health authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. (Ord.No. 85-10, §§ 2.1, 2.7, 3,4, 8-8-85) State law references: Similar provisions,V.T.C.A.,Health and Safety Code § 826.043. See.3-34.Designation of local rabies control authority. The chief of police is designated as the local rabies control authority for the city in accordance with V.T.C.A.,Health and Safety Code§ 826.017. (Ord.No. 300, § 8,9-13-05 Sees. 3-35--3-45. Reserved. ARTICLE III.IMPOUNDMENT* *State law references: Authority to impound, destroy, etc., livestock found at large, V.T.C.A., Local Government Code § 215.026(c); impoundment of dogs and cats, V.T.C.A., Health and Safety Code § 826.033. Sec. 3-46. Location of pound. The city manager shall select and establish a place for impounding all animals impounded under any provision of this article. (Ord.No. 85-10, § 9.7, 8-8-85) See.3-47.Authorization, reasons for impoundment. The animal control officer is authorized to impound animals running at large, other than a cat or dog, and may impound a cat or dog under conditions specified below or when he has received a complaint that the cat or dog has caused a nuisance or hazard to the health or welfare of the human or animal population. The following animals may be impounded; (1) Dogs not exhibiting evidence of being vaccinated as described in article II; (2) Any animal infected or kept under conditions which could endanger the public or animal health; (3) Any animal that creates a nuisance, as defined in section 3-5; (4) Any animal running at large as stipulated in section 3-4; (5) Any animal treated in a manner determined by the animal control officer to be cruel or inhumane; (6) Any animal that has bitten a human being or needs to be placed under observation for rabies determination,as determined by the local health authority; (7) Any animal violating any provision of this chapter. (Ord.No. 85-10, §§ 5, 9.1, 8-8-85) Sec. 3-48. Rights of property owners to confine animal while awaiting impoundment; notification of animal owner. (a) If any of the animals named in this article are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify the animal control office to come and impound such animal. When so Page 10 of 18 notified, it shall be the duty of the animal control officer to have such animal impounded as herein provided. (b) Reasonable effort shall be made by the animal control office to contact the owner of any animal impounded which is wearing a current vaccination tag; however, final responsibility for location of an impounded animal is that of the owner. (Ord.No. 85-10, §§ 9.2, 9.3, 8-8-85) Sec.3-49.Holding period and redemption. (a) Impounded animals, including those released from quarantine, shall be kept for three (3) days starting with the first day after the impoundment or release from quarantine. (b) During this holding period, the owner may resume possession of an impounded animal upon payment of impoundment fees, handling fees and any veterinary bills incurred by animal control for the welfare of the animal, and upon compliance with the vaccination provisions of this chapter,except where prohibited in sections 3-50 and 3-51. (c) This section shall not apply to an impounded vicious or wild animal, unless there is reason to believe it has an owner. (Ord.No. 85-10,.§ 9.4, 8-8-85; Ord. No. 300, § 9,9-13-05) Sec.3-50.Disposition of cruelly treated animals. Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court ofjurisdiction. (Ord.No. 85-10, § 9.5, 8-8-85) State law references: Disposition of cruelly treated animals, V.T.C.A., Health and Safety Code § 821.021 et seq. See.3-51.Redemption of quarantined animals. If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine. (Ord.No. 85-10, § 9.6, 8-8-85) See.3-52.Disposition of unredeemed animals. (a) The disposition of any impounded animal not reclaimed by the owner within the three-day holding period shall be at the discretion of the animal control officer. (b) Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the animal control officer. (c) Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk,may be immediately euthanized to prevent further suffering. (Ord. No. 85-10, §§ 9.8--9.10, 8-8-85; Ord, No. 300, § 10, 9-13-05) See.3-53. Waiver by owner. Any owner who no longer wishes responsibility for an animal, or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by the animal control allowing the animal to be immediately euthanized in a humane manner. No dog or cat that has bitten a human being shall be euthanized before expiration of the ten-day quarantine period. The owner shall pay the cost of euthanasia. (Ord.No. 85-10, § 9.11, 8-8-85) Page 11 of 18 r Sec.3-54.Injured or sick animals. Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization for the purpose of veterinary medical care,as determined by the animal control officer. (Ord.No. 85-10, § 9.12, 8-8-85) Sec.3-55.Fees. Impoundment fees shall be as established by ordinance. (Ord.No. 85-10, § 10.1, 8-8-85) State law references: Similar provisions,V.T.C.A.,Health and Safety Code § 826.021(a). Secs, 3-56--3-69.Reserved. ARTICLE IV.ANIMAL LICENSES Sec.3-70.Required. (a) Offenses. (1) A person commits an offense if the person owns, keeps, harbors, or has custody of any dog, cat, or ferret over four (4) months of age without maintaining a current city license for each animal. (2) A person commits an offense if he owns an animal required to be licensed by this section and fails to display on the animal at all times a valid city license tag. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. (3) A person commits an offense if he owns an animal and displays on such animal a city license tag issued to another animal. (b) Defenses. (1) It is a defense to a prosecution under subsections (a)(1) and (2) above that the animal was owned, kept or harbored by, or in the custody of, an animal establishment or releasing agency, was kept under restraint on the premises of the animal establishment or releasing agency, and was being offered for sale or adoption. (2) It is a defense to prosecution under subsections (a) (1) and (2) above that the person who owned the animal was not a permanent resident of the city and was keeping the animal within the city for less than thirty(30)days. (Ord.No. 300, § 11, 9-13-05) Sec.3-71.License application,issuance,and fee. (a) Written application for a license and payment of the applicable license fee shall be made to the animal control officer. The application shall include the name and address of the applicant, a description of the animal, and a current rabies certificate issued by a veterinarian licensed to practice in the jurisdiction in which the animal was vaccinated. The application shall also include the required license fee. (b) Upon acceptance of a complete license application, a city license certificate and license tag shall be issued,which shall bear an identifying number for the animal and the year of issuance. (c) A license is valid for one(1)year from the date of issuance,unless sooner revoked. A license is not transferable between animals or between owners. Page 12 of 18 (d) The annual license fee shall be five dollars($5.00) per animal, except that no person over the age of sixty-five(65) shall be required to pay the fee. (Ord.No. 300, § 11, 9-13-05) Editor's note: Section 13 of Ord. No. 300, adopted Sept. 13, 2005 stated the following: "The license fee for dogs, cats, and ferrets, established by subsection 3-71(d) shall not be collected until one year has passed from the effective date of this ordinance". Sec.3-72.Revocation of license, (a) The animal control officer may revoke any animal license after a hearing for any one or more of the following reasons: (1) Impoundment of the animal by the city more than two (2) times during a twelve-month period; or (2) More than two (2) final convictions of a person for violating this article when such convictions relate to the animal which is being considered for revocation of its license certificate; or (3) Any combination of subsections(1)and (2)above,totaling three(3) incidents. (b) Upon revoking the license of any animal, the animal control officer shall notify the owner of the animal in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known .mailing address of the animal's owner is deposited in the U.S. Mail. (e) Upon the expiration of ten (10) days after written notification of revocation is deposited in the U. S. Mail, as provided above, no animal which has had its license revoked shall be kept, maintained, or harbored within city limits, and each twenty-four-hour period shall constitute a separate violation. (Ord.No. 300, § 11,9-13-05) Sccs. 3-73--3-80. Reserved. ARTICLE V. DANGEROUS DOGS Sec.3-81.Requirements for owner of dangerous dog. (a) Not Later tiiwn the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) Register the dangerous dog with the animal control officer; (2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) Further secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason; and (4) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person or animal and provide proof thereof to the animal control officer. (b) The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog. (c) Failure to comply. (1) If, on application of any person to the municipal court of the city, the court finds, after notice and hearing as provided by section 3-84, that the owner of a dangerous dog has failed to comply Page 13 of 18 with subsection (a) or(b) above, the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. (2) The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog. (3) The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection (a)before the 11th day after the date on which the dog is seized or delivered to the animal control officer. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer. (4) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. (d) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) The owner knows of a dangerous incident involving the owner's dog; (2) The owner receives notice that the municipal court of the city has found that the dog is a dangerous dog under section 3-84; or (3) The owner is informed by the animal control officer that the dog is a dangerous dog under section 3-82. (Ord.No. 300, § 12,9-13-05) Sec.3-82. Determination that dog is dangerous. (a) If a person reports a dangerous incident, the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines that the dog is a dangerous dog,it shall notify the owner of that fact. (b) An owner,not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may make a written appeal of the determination of the animal control officer to the municipal court of the city. An owner may appeal the decision of the municipal court in the same manner as appeal for other cases from the municipal court. (c) For purposes of this section, an appeal of the determination of the animal control officer to the municipal court of the city shall be considered effective on the date it is postmarked or hand- delivered to the city care of the animal control officer. Upon timely receipt of an appeal, the animal control officer shall schedule a hearing before the municipal court of the city pursuant to section 3-84. (Ord.No. 300, § 12,9-13-05) See.3-83.Reporting of dangerous incident. (a) This section is adopted pursuant to V.T.C.A.,Health and Safety Code § 822.0422. (b) A person may report a dangerous incident to the municipal court of the city pursuant to section 3-82. The owner of the dog shall deliver the dog to the animal control officer not later than the fifth day after the date on which the owner receives written notice that the report has been filed. The animal control officer may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (c) If the owner fails to deliver the dog as required by subsection (b), the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog. Page 14 of I8 (d) The court shall determine, after notice and hearing as provided in section 3-84, whether the dog is a dangerous dog. (e) The court, after determining that the dog is a dangerous dog, may order the animal control officer to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under section 3-81 and the dog is returned to the owner or destroyed. (f) The owner shall pay a cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog. (Ord.No. 300, § 12, 9-13-05) Sec. 3-84.Hearing. (a) The court, on receiving a report of an incident under section 3-83 or on application under section 3-81, shall set a time for a hearing to determine whether the dog is a dangerous dog, or whether the owner has complied with section 3-81. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (b) The court shall give written notice of the time and place of the hearing to. (1) The owner of the dog or the person from whom the dog was seized; and (2) The person who made the complaint. (c) Any interested party, including the city attorney, is entitled to present evidence at the hearing. (d) An owner or person fling the action may appeal the decision of the municipal cotn't in the manner provided for the appeal of cases from the municipal court. (Ord.No. 300, § 12,9-13-05) Sec.3-85.Registration. (a) The animal control officer shall annually register a dangerous dog if the owner; (1) Presents proof of. a. Liability insurance or fnancial responsibility, as required by section 3-81; b. Current rabies vaccination of the dangerous dog,where required by this chapter; and c. The secure enclosure in which the dangerous dog will be kept;and (2) Pays an annual registration fee of fifty dollars($50.00). (b) The animal control officer shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address in the city, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control officer of the change. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of twenty-five dollars ($25.00), the animal control officer shall issue a new registration tag. (d) An owner of a registered dangerous dog shall notify the animal control officer of any attacks the dangerous dog makes on people. (Ord.No. 300, § 12,9-13-05) See.3-86. Determination made by another jurisdiction. The owner of a dog that has been determined to be a dangerous dog by a jurisdiction other than the City of Kennedale shall comply with the requirements of this article as though the other jurisdiction's determination had been made by the city under this article. (Ord.No. 300, § 12,9-13-05) Page 15 of 18 Sec.3-87.Report of an incident or application. i A sworn report of an incident under section 3-83 or a sworn application under section 3- 81 shall be considered filed with the municipal court of the city when it is delivered to the animal control officer.The report or application must include the following(where applicable): (1) Name, address,and telephone number of complainant and other witnesses. (2) Date,time, and location of any incident involving the dog forming the basis of the report or application. (3) Description of the dog. (4) Name, address,and telephone number of the dog owner, if known. (5) A statement of facts upon which such report or application is based. (6) A statement addressing whether the dog has exhibited dangerous propensities in past conduct, if known. (7) Other relevant facts or circumstances. (Ord.No. 300, § 12, 9-13-05) Sec.3-88. Notice. All required notices shall be deposited in the United States Mail and shall be certified, return receipt requested. When the city mails notice in accordance with this section and the United States .Postal Service returns the notice as "refused" or "unclaimed" the validity of the notice is not affected,and the notice is considered delivered. (Ord.No. 300, § 12, 9-13-05) Sec.3-89.Nuisance declared. i It is hereby declared to be a nuisance that an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this article and all state statutes regulating dangerous dogs. (Ord.No. 300, § 12, 9-13-05) Sec.3-90.Defenses. (a) It is a defense to prosecution under this article that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. (b) It is a defense to prosecution under this article that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. (c) It is a defense to prosecution under this article that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code Ch. 1702. (Ord.No. 300, § 12,9-13-05) Sec.3-91. Violations. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this article. (b) An offense under this section is punishable by a fine not to exceed two thousand dollars ($2,000.00). Page 16 of 18 (Ord.No. 300, § 12,9-13-05) SECTION 2. 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 3, 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 4. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas or any other ordinances regulating animals which 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 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 b. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption penalty clause publication clause and effective date clause of this ordinance two (2) days as authorized by Section 50123 of the Local Government Code. SECTION 7. 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. Page 17 of 18 PASSED AND APPROVED THIS 8th DAY OF NOVEMBER 2007. Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED TO AS TO FORM AND LEGALITY: Wayne K. Olson,City Attorney Page 18 of 18 Regular Items Item g. .... .................... CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 i REGULAR ITEMS: ITEM NUMBER: IX- g_ MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN ✓ NOWELL ORDINANCE/RESOLUTION NO. 382 CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: STAFF REPORT TO CITY COUNCIL Date: November 8, 2907 Item: IX-9 Subject: Review and Consider Ordinance#382. Discussion of Freeport Exemption: In 1989 the Texas legislature adopted a Freeport exemption which would permit an exemption from property taxes on those products that are intended to be shipped out of state. This was done as an economic development bill, largely because Texas has difficulty in recruiting manufacturing businesses because of the heavy reliance upon property taxes. The legislature in the past session extended this exemption to products that are shipped to another location either inside or outside the State of Texas within 175 days and is held in a facility owned by a third party. This change allows a new type of"Freeport Exemption". It is my understanding this was done for cities along the Mexican border. This item has been place on the agenda for review and consideration. The staff recommends that you not adopt the Freeport Exemption. Originated by: Disposition by Council Bob Hart City Manager ORDINANCE NO.382 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, PROVIDING FOR THE TAXATION OF GOODS-IN- TRANSIT EXEMPT UNDER SECTION 11.253 OF THE TAX CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;AND DECLARING AN EMERGENCY. WHEREAS, the 80'h Texas Legislature in its regular session, enacted House Bill 621 for the purpose of exempting certain tangible personal property from ad valorem taxation; and WHEREAS, the governing body of a taxing unit may take official action to tax the exempt property, said goods-in-transit property being defined as tangible personal property that (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is detained at a location in this state in which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing or fabricating purposes by the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D) does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory or retail manufactured housing inventory; and WHEREAS, any official action to tax such otherwise exempt property must be taken before January 1" of the first tax year in which the governing body proposes to tax the goods-in- transit; and WHEREAS, the City Council may at any time change its decision and choose to exempt said property. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That the City of Kennedale, Texas shall tax certain tangible personal property, as defined in and authorized by Vernon's Texas Codes Annotated, Texas Constitution, Article VIII, 1 j (1 990) and Vernon's Texas Codes Annotated, Texas Property Tax Code, Section 11.253, effective January 1, 2008. SECTION 2. That all ordinances or portions thereof in conflict with the provisions of this ordinance, to the extent of such conflict, are hereby repealed. To the extent that such ordinances or portions thereof are not in conflict herewith, the same shall remain in full force and effect. SECTION 3. That should any word, sentence, clause, paragraph or provision of this ordinance be held to be invalid or unconstitutional the validity of the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect. SECTION 4. That the present ordinances of the City of Kennedale are inadequate to provide for adequate ad valorem taxation which creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Kennedale, Texas, on the 8th day of November, 2007. MAYOR,BRYAN LANKHORST ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGAILITY: WAYNE K. OLSON, CITY ATTORNEY 5 v ' TARRANT APPRAISAL dISTRICI Jo . ma 2500 Handley-Fderdle Road.Fort Worth,Texas 76118.6909`(8 17)284-0024 Exmdrw dripoto hall Chmf Ap Alcor July 24, 2007 Mr. Bryan Lankhorst Mayor City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Dear Mr. Lankhorst: The 80'h Session of the Texas Legislature adjourned on May 28, 2007. Among the bills passed by the Legislature was House Bill 621 (Enrolled copy attached.). The bill was captioned as follows: "relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing, or fabricating purposes." This bill allows for a new type of"Freeport exemption and is the enacting legislation for SJR 6 that was passed by the 77"' Legislature and placed on the ballot and approved by the voters in 2001. The existing Freeport legislation that has been authorized by the Texas Constitution and Section 11.251 of the Property Tax Code allows Freeport goods that leave the state within 175 days to be exempt from taxation. This law has been in effect since 1990. HB 621 adds a new exemption that allows goods to be exempt if they are shipped to another location either inside or outside the State of Texas within 175 days. The goods eligible for the exemption must be held in a location in this state that was not owned by, or under the control of, the owner of the goods. An "ownership interest in" does not include a lease, but rather was intended to include partnerships, joint ventures, or affiliate ownership of a facility. With that in mind, the meaning of"direct or indirect ownership interest" in the location where the goods-in-transit are detained is unclear as to whether a location that is leased, or subject to a lease purchase option, would qualify. It is quite possible that many large retailers who maintain inventory in a warehouse that they currently own could opt to sell the facility, lease it from the new owner, and apply for the new exemption, The bill requires that a taxing unit can opt out of the exemption by taking positive action to tax the goods before January 1 of the first tax year that the governing body proposes to tax goods-in-transit. This must be.done by official action of the governing body of the taxing unit. Letter to Taxing Entities July 24, 2007 Page 2 Before that can happen, the governing body of the taxing unit must conduct a public hearing. If the governing body of a taxing unit provides for the taxation of the goods-in-transit as provided by this bill, the exemption prescribed does not apply to that unit. The goods-in-transit remain subject to taxation by the taxing unlit until the governing body of the taxing unit, in the manner required for official action, rescinds or repeals its previous action to tax goods-in-transit, or otherwise determines that the exemption will apply to that taxing unit. Based oil the aforementioned, if your taxing unit does not act to tax these goods, they will become eligible for this exemption on January 1, 2008. In order to assist you in making this decision, our office has prepared an estimate of the amount of value potentially lost in all jurisdictions if you allow the goods to receive the exemption. This estimate is based on 2007 values and a conservative interpretation of how this new law may impact inventories not now subject to the current "Freeport" requirements. I have also included a summary of how much value was lost in your jurisdiction to the existing Freeport law in 2007. Remember, if you choose to tax these goods, you must act before January 1, 2008 This includes allotting enough time to conduct the required public hearing. I am providing this letter to help your agency make an informed decision oil this exemption. The Tarrant Appraisal District has no position on this issue and will administer the exemption according to your wishes. Please review the information we have provided. Please infoun Tarrant Appraisal District of any action taken. if you have any questions feel free to contact me. Sin ly. n R. Marshall Executive Director Chief Appraiser JRM:nlm Encl.: Text ofHB 621 Estimate of current and potential losses 14B 621 H.B. No. 621 AN ACT relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in thus state for assembling, storing, manufacturing, processing, or fabricating purposes. BE IT ENACTED BY TBL LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.253 to read as follows: Sec. 11.253. TANGIBLE PERSONAL PROPERTY IN TRANSIT. a In this section.: (1) "Dealer's motor vehicle inventory," "dealer's vessel and outboard. motor EC1VeIlto " "dealer's hea a ut ment �nveIlto " and "retail rmanufactured housin in ento have the mewidno assigned by Subchapter B Chapter 23. (2) "Goods-in-transit" means tangible2ersonal p 9perty that: A is ac aired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is detained at a location in this state in which the owner of the property does not have a direct or indirect ownershi p interest for ass ernbhn storm manufactut-in rocessig or fabricating purposes by the person who acquired or imported the property; G iLt4worted to another location in this state or outside this state not later than 175 dam after the date the peyson acquired the prgperty in or imported the p ro er into this state• and LDL does not include oil natural as etmleurn rpducts aircraft dealef's motor vehicle inventor dealer's vessel and outboard motor inveuto dealer's hea ui meet inveiaLoM or retail manufactured housin invento (3) "Location" means a yhysical address. "Petroleum roduct" means a li uid or aseous material that is an immediate derivative of the Lgfining of oil or natural as. (b A person is entitled tw an exem tiozz froze taxation of the a raised value of that portion of the person's pmperky that consists of goods-ins-transit. c The exem tion rovided b Subsection b is subtracted from the marl et value of the property propggy determined under Sectiozz 23.b1 or 23.12 as a jeable to determine the taxable value of the property. d Exce t as rovided by Subsections W and the chief raiser shall deterzr�e the a paraised value of wads-in-transit under this subsection. The chief a raiser shall determine the percentage of the market value of tangible personal- roe owned by thepro-portv owner and used for the production of income in the preceding calendar ear that was contributed b oods- in-transit. For the first year in which the exem tion lies to a taxin unit the chief appraiser shall determine that pacentagE, as if the exem Lion Mplied in the receding ear. The chief a raiser shall aj)ply that ercenta e to the mazJet value of the ro ert owner's tan 'ble ersonal ro ez used for the roduction of income for the current ear to determine the a raised value of odds-in-transit for the current -ear. e In det were assembled, stored, manufactured, processed, of fabricated in this state, the chief appraiser shall exclude the cost of e ui m.ent machingry, or materials that entered into and became com onent arts of the odds-in-transit but were not themselves Mods-in-transit or that were not kgWorted to another location in this state or outside this state before the expiration of 175 days after the date they were brought into this_state_by the property owner or acquired by the proper y owner in this state. For component parks held in bulk the chief appraiser may rise the_avera a length of time a component part was held by the owner of the comp!anent parts during the preceding year at a location in this state that was not owned by or under the control of the owner of the com oneut arts in detemiining whether the com onent parts were tran orted to another location in this stale or outside this state before the expiration of 175 days, ff the ro ert owner was not engaged in trans ortin cods-iza-transit to another location in this state or outside this state for the entire recedin the chief#ppraiser shall calculate the percentage of the market value described in Subsection d for the rtion of the year in which the property owner was engaged in transportin goods-in-transit to another location in this state or outside this state. (g) if the property owner or the chief appraiser de><no>«strates that the method provided by Subsection d sigpificantly understates or overstates the market value of the rM e ualified for an exemption under Subsection b in the cmrent ypar, the chief appraiser shall determine the market valve of the gods-in-transit to be exempt by !je_tennining, according to the ro e ownc,r's records aa)d auy other available infai-niation the in ket value of those goods-in-transit owned by the property owner ozi Jana 1 of the current year, exclu ling the cost of equipment, inachiuer ar sit but were not themselves nods-in-transit or that were not trans orted to another location in this state or outside this state before the exuiratiou of 175 days after the date they were brought into this state by the pmgly owner or ac uir(A by the ra a "er a this state. The chief a raiser b written notice delivers to a roe owner who claims an exem Lion under this section ma r uire the ro owner to rovide co ies of ro records so the chief appraiser can determine the amount and value of pods-in-transit and that the location in this state .where the pods-in-transit were detained for assemblin storm manufacturin rocessiu or fabricatin uses was not owned b or under the control of tbp owner of the oods-in-trausit. If the roe owner fails to deliver the i*rngr aton rc uested in the notice before the 31st da ater the date the notice is delivered to the roe owner, the ra e owner forfeits the ri t'to claim or receive the exem tion for that year. i Pt'o e that meets the requirements of this section constitutes goods-in-transit regardless of whether the erson who owns the roe on Janu 1 is the erson who transports the Mppe #o another location>rz this state or outside this state. The gQv ernin body of a taxing unit in the zwamper re aired for official action by the overnin body ma rovide for the taxation of opds-in-transit exem t under Subsection and not exempt under other law. The official action to tax the oods-in-transit must be taken before Januga 1 of the first tax ear in which the overnin body ro oses to tax odds-in- transit. Before acting to tax the exempt Moperty, the gQv e�nin bod of the taxiva unit must conduct a p ublic hearin as r uired b Section 1-p(d Article VIII Texas Constitution. if the overnin bod of a toxin unit xovides for the taxation of the pods-in-transit as provided b this subsection be exenx tion rescl7bed by Subsection N does not apply-to that unit_ The pods-ln-transit remain subject to taxation by the taxin uni# until the overrun bod of the taxing unit in the manner reqjgKed for official action, rescinds or r eats its pMious action to tax oods-in.-transit, or otherwise_determines that the exemption prescribed by Subsection (b) will apply to that taxing unit. (k} A property owner who receives the exemption from taxation provided by Subsection (a) is not eligible to receive the exemption from taxation provided_by Section 1 1.251 for the Same;PLOPerty. SECTION 2, Section 26.012(15), Tax Code, is amended to read as follows: (15) „Lost property levy" means the amount of taxes levied in the preceding year on property value that was taxable in the preceding year but is not taxable in the current year because the property is exempt in the current year under a provision of this code other than Section 11.251 or 11,253, the property has qualified for special appraisal under Chapter 23 fef this eado] in the current year, or the property is located in territory that has ceased to tae a part of the unit since the preceding,year. SECTION 3. Section 403.302(d), Governrnerit Code, is amended to read as follows: (d) For the purposes of this section, "taxable value"means the market value of all taxable property less: (1) the total dollar amount of any residence homestead exemptions lawfully granted under Section 11.13(b) or (c), Tax. Code, in the year that is the subject of the study for each school district; (2) one-half of the total dollar amount of any residence homestead exemptions granted under Section 11.13(n), Tax Code, in the year that is the subject of the study for each school district; (3) the total dollar amount of any exemptions granted before May 31, 1993, within, a reinvestment zone under agreements authorized by Chapter 312, Tax Code; (4) subject to Subsection (e), the total dollar amount of any captured appraised. value of property that: (A) is within a reinvestment zone created on or before May 31, 1999, or is proposed to be included within the boundaries of a reinvestment zone as the boundaries of the zone and the proposed portion of tax increment paid into the tax increment ,fund by a school district are described in a written notification provided by the municipality or the board of directors of the zone to the governing bodies of the other taxing units in the maimer provided by Section 311.003(e), Tax Code, before May 31, 1999, and within the boundaries of the zone as those boundaries existed on September 1, 1999, including subsequent improvements to the property regardless of when made; (B) generates taxes paid into a tax inurement fond created under Chapter 311, Tax Code, under a reinvestment zone financing plan approved under Section 311.011(d), Tax Code, on or before September 1, 1999; and (C) is eligible for tax increment financing under Chapter 311, Tax Cade; (5) for a school district for which a deduction from taxable value is made under Subdivision (4), an amount equal to the taxable value required to generate revenue when taxed at the school district's current tax. Fate in an amount that, when added to the taxes of the district paid into a tax increment fund as described by Subdivision (4)(B), is equal to the total amount of taxes the district would have paid into the tax increment fund if the district levied taxes at the rate the district levied in 2005; (6) the total dollar amount of any exemptions granted under Section 11.251 or 11.253, Tax Code; (7) the difference between the comptroller's estimate of the market value and the productivity value of laud that qualifies for appraisal on the basis of its productive capacity, except that the productivity value estimated by the comptroller may not exceed the fair market value of the land; (8) the portion of the appraised value of residence homesteads of individuals who receive a tax limitation under Section 11.26, Tax Code, on which school district taxes are not imposed in the year that is the subject of the study, calculated as if the residence homesteads were appraised at the .hall value required by law; (9) a portion of the market value of property not otherwise fully taxable by the district at market value because of: (A) action required by statute or,the constitution of this state that, if the tax rate adopted by the district is applied to it, produces an aruount equal to the difference between the tax that the district would have unposed on the property if the property were fully taxable at market value and the tax that the district is actually authorized to impose on the property, if this subsection does not otherwise require that portion to be deducted; or (B) action taken by the district under Subchapter B or C, Chapter 313, Tax Code; (10) the market value of all tangible personal property, other than ra mufachu-ed horses, owned by a farmly oi- individual acrd trot held or used for the production of income; (11) the appraised value of property the collection of delinquent taxes an which is deferred under Section 33.06, 'Fax Code; (12) the portion of the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.065, Tact Code; and (13) the amount by whicb the market value of a residence homestead to which Section 23.23, Tax Code, applies exceeds the appraised value of that property as calculated under that section. SECTION 4. This Act applies only to taxes imposed for a tax year beginning on or after the effective date of this Act. SECTION 5, This Act takes effect Janumy 1, 2008. President of the Senate Speaker of the House I certify that H.B. No. 621 was passed by the House on April 4, 2007, by the. following vote: Yeas 134, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 621 on May 23, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 621 was passed by the Senate, with amendments, on May 18, 2007, by the following vote: Yeas 29, Nays 0. Secretary of the Senate APPROVED: Date Governor Goods in Transit Estimates Entity Estimated Goods In transit 2007 Freeport Exemption Total Estimated Loss Lass Loss Counties Tarrant 2,960,999,867 3,559,347,884 6,520,347,751 Total 2,960,899,867 3,559,347,884 6,520,347,751 Cities Arlington 300,990,670 324,045,679 625,036,349 Azle 1,835,180 2,754,807 4,589,987 Bedford` 2,917,353 349,595 3,266,948 Benbrook' 28,526,098 19,727,882 48,253,980 Blue Mound` 819,297 947,097 1,766,394 Colleyville* 840,818 453,628 1,294,446 Crowley' 5,911,312 18,660,283 24,571,596 Dalworthtngton Gardens 11563,980 1,141,684 2,705,664 Edgecliff Village* 0 0 0 Euless 20,979,886 4,824,669 25,804,555 Everman' 311,810 0 311,810 Forest Hill" 4,819,113 1,295,285 6,114,398 Fort Worth 1,516,837,557 2,319,177,803 3,936,015,361 Grapevine 168,839,602 552,828,162 721,667,764 Haltom City 39,333,323 21,931,100 61,264,423 Hasiet 68,981,428 71,278,083 140,259,511 Hurst' 11,405,296 5,297,123 16,702,419 Keller' 3,091,543 116,977 3,208,520 Kennedale 5,278,247 8,926,110 14,204,357 Lake Worth" 735,729 0 735,729 Lakeside 34,931 0 34,931 Mansfield 55,304,580 115,038,923 170,343,504 North Richland Hills 5,060,214 383,911 5,444,125 Pantego, 1,752,901 720,557 2,483,458 Pelican Bay 0 0 0 Richland Hills 14,484,231 13,287,185 27,771,417 River Oaks* 0 0 0 Saginaw 94,674,333 38,342,776 133,017,109 Sansom Park 55,667 0 55,667 Southlake 28,621,086 5,849,126 34,470,212 Watauga` 128,538 0 128,536 Westover Hills 0 0 0 Westworih Village' 0 0 0 White Settlement* 22,719,496 19"6,e3 42,669,869 Total 2,506,864,219 3,547;328,818 6,054,193,041 School Districts Arlington 714,377,687 630,074,987 1,344,452,675 Azle* 3,368,717 6,233,303 9,602,020 Birdvilte 91,031,997 110,779,022 201,811,018 Carroll' 24,736;653 1,201,229 25,937,882 Castleberry' 4,981,776 14,513,570 19,495,346 Crowley 8,013,324 24,915,241 32,928,564 Eagle Mountain-Saginaw 274,567,199 353,204,217 627,771,416 Everman 46,168,635 52,923,134 99,091,769 Fort Worth 585,882,943 786,105,213 1,371,988,157 Grapevine-Colieyville 344,557,265 976,682,135 1,321,239,400 Hurst-Euless-Bedford 207,998,193 94,496,105 302,494,297 Keller, 35,694,859 16,269,991 53,964,851 Kennedale" 3,738,935 6,371,447 10,11 0,382 Lake Worth' 1,708,884 0 1,706,884 Mansfield 87,107,303 151,915,382 239,022,685 White Settlement" 27,251,023 19,950,373 47,201,396 Total 2,461,183,393 3,247,635,349 5,708,818,742 Special Districts Emergency Services District 11,301,267 7,675,006 18,976,273 Fresh Water District 807,532 0 807,532 Regional Water District 1,536,183,152 1,942,471,536 3,478,654,689 Total 1,548,291,951 1,950,146,542 3,498,438,494 'The feeport exemption is not currently recognized by this taxing enUty. Fycerpt froty) the December 14; 1989 Agenda jis xw 1 l -puvo i o Do 1voinans, � rov' ci n p for l at ivi-,l 01 The Freeport Amendment was passed by the qualified voters of the state of Texas on November 7F 1999, The amendment permits exemption From ad volorem taxation of certain tangible personal property that is acquired in or imported into the state to be forwarded outside the state not later than 175 days after the acquisition or impartation of the property. The Mayor said that it passed 60% to 40% state-;ride. Kennedal.e citizens voted ] 25 in favor. and 63 against the amendment. The purpose of the amendment its to encourage businesses to Dome Into the city and state, HW ;+I " _ &L Whdr by Dill r 1.bott, SSE;C:M&O 1;,+ Nut i i#ur dy, t !r !�U t L h, u3 ►:l;inunue )a3"uviaino 1Ur 1.ax ati.u" us the xreeport umLl;dwe "t. H[]W00 carried Unaf'a?.UOU01y. Regular Items Item h. CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 REGULAR ITEMS: ITEM NUMBER: IX-h MOTION: 4zil xtv�,�� COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: STAFF REPORT TO CITY COUNCIL Date: November 2, 2007 Item: IX-h Subject: Consider selection of a contract manager and authorizing the city manager to negotiate a contract with the selected firm to oversee the construction of the Town Center Plaza, Rolling Acres Parr, and the Oakwood drainage structure The City advertised for proposals for a contract manager to oversee the construction of the TownCenter Plaza, dolling .Acres-Park, and the Oakwood drainage structure-and received proposals from two firms: AU l. and Speed Feb-Crete. The estimated service costs are AUI-$217.500 and Speed Fab-Crete- 15%-18% or an estimated $90,000 to$108,000. The proposal cost components are higher than anticipated and negate the advantages of such an approach. Consequently, the staff recommendation is to reject the proposals and proceed with a contract manager using James Cowey as the.project manager and have the city Laid the work to subcontractors. Plans prepared by Mark Spencer and Teague, Nall & Perkins will be used for subcontractor bids. Ord natect by: Disposition by Council Bob Hart CAy Tager i enence , (ik-spire-ens) 4 � . l'h�. 'r1�J}3YC�1CI151E111 of yin ul;lck1, titcni;l,t,or cntulioll tilrollgh[114 54ll s Or 11-ibld. Lr. Aelive]`7articXpation ill ctcnr5 or ftctk itics, leading to tilt ofAnowledge or.s'k.11 AUI Contractors is pleased to submit the following Contractor's Qualification Package for your review and consideration. As a full service commercial and civil contractor, the AUI team will offer you a well-balanced team of construction professionals, who are capable of building a multi-faceted facility within your budget and time frame. We are a quality-oriented company and are concerned with providing only the best facilities for both you and your employees. The AUI team has grown to over 240 employees and our yearly revenues range from $80-$120 million in construction. Our in-house staff of excavation, concrete, and utility crews offer a unique aspect to project staffing that our competition lacks. Our financial stability and bonding capacity has become stronger every year with the ability to now bond well over$35 million on a single project. Coupled with our select list of subcontractors and suppliers, the AUI team will provide the expertise required for your construction needs. Highlights of our proposal include our commitment to quality assurance, safety, and meeting your program objectives. We have well-established processes for our construction procedures, and our construction track record includes the types of facilities that you or your clients are ready to build. We invite you to review the information provided. You will see experience in all aspects of our construction projects, such as, site development and infrastructure improvements, including underground storm sewer systems, sanitary sewer, and water service; and building construction projects for offices, warehouses, distribution, and manufacturing. We have teamed with numerous architects on previous projects, so we are familiar and comfortable with them, which allows for a smooth transition from design to construction with our team and management processes. We look forward to the opportunity to meet with you and any other decision-makers within your organization for this project. Sincerely, Tony Rader Director of Sales & Marketing AUI Contractors, LP 817-926-4377 ' trader @auigc.com _ www.aLflconiradors.com — - - -_ Page 3 jai as CM Experience AUI works closely with the owner and designers to develop a pre-construction budget at usually around 30% drawings. At 60% and 85%, our Estimating department again checks the budgets to ensure that we have met everyone's expectations regarding both the budget and the design of the project. At 85%we feel that a realistic Gross Maximum Price (GMP) could be established for your project. The only difference between 85% and 100% drawings is to clean-up details (design intent will have already been established). At the initial onset of the 30% drawings, AUI will develop a preliminary baseline schedule and will update the schedule at intervals of 60°/a, 85%, and 100% to ensure compliance with any changes seen throughout the pre-construction phase. Once all parties have agreed to the master schedule, AUI will track each month's progress and note any deviations on the master schedule. We also have a rolling two week look-ahead done by on-site personnel that lists (in more concise detail) tasks and items to complete over the next two weeks. The on-site Superintendent maintains this list and then distributes it to all pertaining parties (if not at the weekly meetings). I Once we reach the final GMP, AUI enters the cost budget into our Timberline database. This database works with Timberline accounting to merge all costs that come in that are associated with this project. Once invoices are received, recorded, and approved, they are cost coded to the correct line item so that a detailed cost accounting is recorded weekly. All labor, materials, equipment, purchase orders, and subcontracts can be closely tracked for compliance to budget. We update these budgets are updated on a monthly basis for a detailed review by management on j the projects of cost vs. budget. AUI can then distribute a financial review (on a monthly basis, if needed)to the designated parties showing the variances of cost to budget. Two projects we have recently completed that follow these methods are Bedford Fire Station and Bridgeport Public Safety Building/Municipal Complex. AUI recommends a split of 70% city, 30% AUI for shared savings. AUI fully refunds all pre-established contingencies to the city. I, Page 21 Ail Personnel Possible Team Project Personnel Team Project Manager, Matt Wylie Superintendent, Kelly Black Estimator, Steve Mower *please see the attached resumes Page 22 nt,tt Wiley pirertar of Commercial Construction City of Kennedale Design Team h'Iatt Wyiic 'Team Project Manager [:clCy llluelt project Superintendrnt Stevc Mower Estimator Safety Qircetor Subcontractors f Suppliers Ail Matt Wylie Director of Commercial Construction Team Project Manager j Overview Overall responsibility for all commercial construction and pre-construction/ estimating. Oversight of all Project Managers, Superintendents, Estimators, and Schedulers in GUI's commercial division. ;arr� i t� Experience 07107 - Present Director of Commercial Construction AUI Contractors 10/03-07/07 Project Executive Senior Project Manager Balfour-Beatty Construction (Centex), Dallas, TX 9/99--10/03 Project Manager Assistant Project Manager Manhattan Construction Co., Dallas, TX u rya _ 2/98--9/99 Assistant Project Manager Thos. S. Byrne Construction, Fort Worth, TX 5/94--2/98 Project Engineer Office Engineer Austin Commercial, Denver, CO Projects Managed Ajax Glass Design Hanson Concrete Roof Tile The Village at Park Vista The Springs Retail Organizations Howell Instruments Volunteers of America Fort Worth Bank of America $18.2 million Westlake Academy &Municipal Complex $16 million . �. 5.`;,p:?r i'.rp"i,. !:!:r;21.,iii• Southwest Airlines Hangar Expansion $20 million Northwest Police Station and DWU $7 million SimuFlite Training International Expansion $17 million p/FW Airport Consolidated Rent-A-Car Use Sites $13 million D/FW Airport Terminal Expansion & Renovation $40 mi ion Omni/Interlocken Hotel, Resort&Conf. Center $60 million j USAA MSTRO Renovation and Rec. Center $15 million USAA MSTRO Phase II Expansion $40 million Exxon World Headquarters References Dan Longshore President&CEO, Cambridge Construction 704.560.5383 ., Brad Vawter Sr. Project Manager, Balfour-Beatty Construction 678.699.0633 919.619.2921 John Grinnell Grinnell n nell Leadershi p Page 23 Ail K elly B lack Project Superintendent Education Overview I have been in the Construction Industry since 1985. I possess a strong background in both Heavy Highway and Commercial Construction. I have a proven record of accomplishment for completing projects safely, on time, and within budget. Experience 12/1999 — Present Project Superintendent AUI Contractors Fort Worth, Texas Responsible for all on-site activities, coordination of subcontractors, suppliers, interface with AUI office, Architect, Engineer and Owner's Representative 7/1999 — 12/1999 Concrete Superintendent North Texas Concrete Equipment Service, Plan Review, Material Coordinator 7/1998 —7/1999 General Construction Superintendent Sedalco Construction Completed two elementary schools, on-schedule, within budget, Certifications one week apart 1989 — 1998 Self-Employed General Contractor Commercial and Residential Construction —All Phases 1985— 1989 Project Manager and Superintendent Cost Control Services Construction Supervisor—All Phases 1981 - 1985 Operator, Jet Engine Test Cell and Related Operations United States Navy USS Saratoga, Honorable Discharge Projeci Examples Project Name Dollar Amt. Addison Athletic Club Expansion, Addison, TX $3.5 Million S Meter Vault Resevoir Improvements, Grand Prairie, TX $1.1 Million Carrollton Downtown Street Improvements $192,000.000 University/Camp Bowie Intersection, TxDOT $2.2 Million CDP Parking Lot for CEF facility, DFW Airport $1.0 Million The T at Centerport Station $1.2 Million TXI Truck Loading Canopy $527,500.00 References Mark Hatchell Kimley Horn &Associates 972-770-1300 Eric Johnson City of Hurst 817-788-7218 Howard Hollinger Building Solutions 214-221-9145 Page 24 S All teve Mower Estimator 1 Overview Responsibilities include day-to-day management and supervision of project management and field supervisory staff for construction projects and coordination between owner, architect, and construction staff. Experience 2006 - Present Estimator AUI Contractors Fort Worth, Texas 1999 - 2006 Muckleroy &Falls Construction Co. Fort Worth, Texas Education Project Manager y. A Project Examples 0rMti ti ons Project Name Type of Construction Dollar Amt. Alliance Animal Health Center New 9,000sf Medical $980,000 Ridgmar Town Square Retail Facade Renovation $1,300,000 North Beach Office/Retail Office/Retail Building $603,097 Fillmore Law Firm Remodel Office Remodel $687,596 Tanna Medical Clinic Medical clinic $859,471 Safeco Title -Arlington New 10,000 s.f. Office Bldg. $835,000 Monument Leasing Corp. 10,000 s.f. Warehouse Expansion $721,000 Holland Oil Office Remodel Office Remodel $600,000 1ri Renovation &Addition of Office $1,350,254 References .• Bob Kelly Robert W. Kelly Architect, Inc. 817-332-5014 James Nader Nader Design Group 817-336-9010 Scott Ryan Chas. F Williams 817-332-6363 Trey Hodge Retail Plazas, Inc. 972-250-1486 Bill Sellers Lon Smith Roofing 817-926-8400 I Page 25 I� P.O.Box 15580 817/478-1137 FORT WORTH,TEXAS 76119 METRO 817/572-0351 FAX 817/561-2544 Delivery: 1150 E KENNEDALE PKWY. Info @ speedfeb-aetexom KI✓NNEDALE,TEXAS 76080 www.speedfab-crete.com Design Build General Contractor Precast Concrete Manufacturer F r i October 25, 2007 i i, Ms. Kathy Turner City Secretary f City of Kennedale 405 Municipal Drive M Kennedale, Texas 76060 } Re: Request for Qualifications for Construction Management At Risk f Dear Ms. Turner: Speed Fab-Crete is pleased to respond to your Request for Proposal for two park i projects and a drainage structure. Speed Fab-Crete has years of experience using the Construction Management At ' Risk project delivery system. We have completed many public building projects i throughout Texas, including city halls, libraries, courts and detention facilities. Indeed, Speed Fab-Crete built the existing Kennedale City Nall in 2001. The firm also has been prominently involved in various other building projects in Kennedale. Most recently, Speed Fab-Crete provided the new Kennedale "gateway" monument " sign on Little Road. Under the Construction Management At Risk project delivery method, Speed Fab- Crete also has built municipal complexes for several other Texas cities, including Bridgeport. The building's design won a merit award for indigenous rock used to 4 create an aesthetically pleasing veneer. As part of our performance as a general contractor, Speed Fab-Crete regularly addresses landscaping and drainage work elements for owners. The company has landscape and drainage consultants and subcontractors, who are regularly involved in projects on which Speed Fab-Czete serves as a general contractor or construction manager-at-risk. Ms. Kathy Turner October 25, 2007 Page 2. Last year, Speed Fab-Crete was contractor for multiple buildings and additions at I the service center for the City of Grapevine and a multi-bay addition to the main fire station for the City of Lake Worth. We look forward to the opportunity to reacquainting ourselves with you, as a former client, and further discuss how Speed Fab-Crete will make your new facilities a "first class" project while respecting your budget in the process. �j SiAcerely, David Bioxom President DB/rb b 6. Experiences with concepts for work as a Construction Manager: 1 6.1 Team relationship with City,Architect and Engineer: Speed Fab-Crete is a Fort Worth-based company, which is celebrating 56 years of construction service and performance in Texas and the Southwest, including government buildings. Speed Fab-Crete has successfully completed various commercial and institutional building projects under the Construction Management project delivery method as requested in this proposal. Hiring a Construction Manager early in the project is a smart move! q Speed Fab-Crete's professionals are experienced in "team s attributes," enhancing their ability to work with the Owner gtion and Architect under the Construction Management-At-Risk e contractual relationship. We have teamed with Callahan & s Freeman Architects on many projects. Our experience ab- together has resulted in quality projects that were on time ong and in budget, e's 0 With the variety of building applications accomplished by l Speed Fab-Crete over 57 years, landscaping and drainage s for work elements and issues have been regularly addressed. 2007. The company has landscape and drainage consultants and subcontractors who are regularly involved in projects with which Speed Fab-Crete serves as a general contractor and CM- at-Risk, Recent Fort Worth area clients who have been served by us for innovative landscaping include Autobahn Motorcars and Frank Kent Hummer, Our approach to costing a project is continuous from start to finish. The pre-construction phase will have the greatest impact on the project. During this phase, we work with the architectural team to evaluate building methods, types of materials, quality of projects and time required to implement thetas. The design documents are kept on track and in budget through attention given by our estimating department. Our method of estimating has been developed by experience. Our history of completed projects has provided us detailed data and information for pricing new construction. Proposals developed by our established, qualified subcontractors and vendors assist us in our estimating and keeping current with pricing trends, material availability, and new products. These contractors and vendors regularly work with our firm and also are experienced in the Construction Management approach. Regular progress meetings with Speed Fab-Crete's "go-to" personnel will occur with the Owner and Architect during the crucial development of construction documents. This documented dialogue will stress careful 1 attention to design details that might adversely affect construction, cost or project schedules. Schedules are modified throughout the project to reflect unanticipated delays. We will provide scheduling methods and field actions necessary to make up Iost time when possible and always remain sensitive to the portions of the project having the Owner's occupancy priority. Speed Fab-Crete will monitor, review and process applications by subcontractors for progress and final payments with the proper certification as to performance in accordance with requirements of contract documents. Company field personnel will coordinate regularly with the City of Kennedale staff to make safety first priority at the project site! 1 Speed Fab-Crete's construction management team will assist in assuring that work specified by contract documents will meet all applicable federal, state, and/or local codes and regulations, including, but not limited to, M Americans with Disability Act (ADA), Life Safety Code, Uniform Building ' Code, with amendments by the City of Kennedale, Uniform Mechanical and Plumbing Codes, and National Electric Code. I 6.2 Savings: Cost estimating and value engineering are continuous from pre-construction to post-construction. The fee that we are paid is considered to be our total compensation. Therefore, any savings realized during the project will benefit the owner. The full amount is returned to the owner. 6.3 Contingencies: We recommend that the owner include a line item for an "Owner's Contingency." This contingency is for any unknown site conditions, changes by the owner and unexpected price increases in materials. The contingency cannot be used or reduced without the owner's approval. The contingency belongs to the owner. The owner retains any balance left at the end of the project. iC Fmet he Justice Center is exceptional. Your firm all our needs, including being on time, and Q budget!" Andy Rash County Judge Hood County, Texas �I r 7. Personnel: 1 The Construction Manager Team 0 for the City of Kennedale 0 1 MR. RUSS BYRD ROLE AND RESPONSIBILITY: Mr. Byrd will serve as Project Manager. He has been with Speed Fab- Crete for almost four decades. As Project Manager, Mr. Byrd will direct the Construction Manager-At-Risk project team. He will be the "single point of contact" for the owner on matters pertaining to contract objectives, delivery of services and results in progress as these elements relate to the project's requirements. Mr. Byrd will provide the leadership in all major internal decisions, reviews and key client meetings as well as to focus the team experience for solving potential challenges. He will have direct authority over all disciplines and consultants. EXPERIENCE: Mr. Byrd has 39 years of experience in project "Speed Fab- management including estimating and negotiating Crete is an contracts, labor/cost control, scheduling, experienced coordination, and problem resolution. His team, which experience also includes various Construction delivers on Management-At-Risk projects. their wordl" EDUCATION: Will Churchill Attended Texas Christian University and Frank Kent University of Texas at Arlington Motor Company, Fort Worth 1 1 1 } I The Construction Manager Team for the City of Kennedale MR. GLEN WILLIAMS — ROLE AND RESPONSIBILITY: Mr. Williams will serve as Estimator. He will provide administration of the project's completion. His performance will include assisting the Construction Management-At-Risk Team with cost and quality control, review of final construction documents, obtaining subcontractor bids, coordinating contracts, value engineering and providing management assistance through construction. EXPERIENCE: Mr. Williams has 16 years of experience in project management and cost estimating. His experience also includes various Construction Management-At-Risk projects and school facilities including regulation gymnasiums. EDUCATION: Texas Christian University and U.T.A., Honors Program, Math/Engineering Major b i GI j I' f I b �1 i 1 I The Construction Manager Team for the City of Kennedaie MR. STEVE BLACKBURN -- ROLE AND RESPONSIBILITY: Mr. Blackburn will serve as Project Superintendent. By his daily presence, he will supervise all work elements of the project as key communicator between subcontractors and the Construction Manager-At-Risk. He also will ensure quality controls and completion of the project in a timely i manner. EXPERIENCE: Mr. Blackburn has 27 years of experience in project supervision and as a primary field liaison for the construction process. His experience also includes various Construction Management-At-Risk projects. Mr. Blackburn has been a project superintendent for Speed Fab-Crete since 2002. EDUCATION: Devey Institute — Bachelor of Science degree, Computer Information Systems r r r r r r P l C f r. t r h Organization chart r City of Kennedale Architects/Eng. Speed Fab-Crete f Construction Manager r • Russ Byrd �• Project Manager :E s Glen Williams Estimator r► Steve Blackburn i Project Superintendent r r - _ ► Regular Items Item i. CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 REGULAR ITEMS: ITEM NUMBER: IX-i MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON ✓ MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED 4-o i FAILED 1 t FOLLOW UP: (/ CITY SECRETARY'S FOLLOW UP: CITY OF Y KOWVZL94LE 405 Municipal Drive,Kennedale,Texas 76060 VISITORICITIZENS SPEAKER REQUEST FORM W E L C O M E If you wish to address the City Council,a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■A■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■r■■■■■ APPEARANCE BEFORE CITY COUNCIL DATE: 1 I ` " o 7 Name of Speaker: '4 � Nc� i d�/� Address: 2 2 H4pulSQAJ Phone: ?17 -_317 - 2 U o 6 Subject: S.oL I t� 4 1 4 6541 Has this subject been discussed with any member or administrative staff? Cue's' ❑No If yes, please list name and date: NT44A J A(,�k — (W C mi L l, Speaking in Favor: ❑For ❑Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber. Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his/her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. CITY of KENNE��ltE 445 Municipal Drive,Kennedale,Texas 76060 VISITOR/CITIZENS SPEAKER REQUEST FORM W E L C O M E If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual Councilmembers or Staff, All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. ...........r. THANK YOU FOR YOUR COOPERATION.r r r r r r r r...., APPEARANCE BEFORE CITY COUNCIL DATE: I I( S/ o 7 i Name of Speaker: 1�30,3 Address: Je �2 Phone: Subject: kd4 .!4,er �J{d iJ'ti Has this subject been discussed with any member or administrative staff? "s ❑No If yes,please list name and date: Speaking in Favor: ❑For ❑Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber, Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his/her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. STAFF REPORT TO MAYOR AND COUNCIL Date: November 8, 2007 Item No: Ix-a. Subject: Consider Authorizing the City Manager to negotiate a contact for collection and disposal of solid waste with a company responding to the Request for I Proposal. The City currently contracts with Duncan Disposal for the collection and disposal of solid waste. The five-year contract expires on January 30, 2008_ The City advertised for bids for solid waster service and received five bids. Allied Waste, CWD, Duncan Disposal, IESI, and Waste Management of Texas. The staff is currently analyzing the proposals based on eight criterions: rates, household hazardous collection, education, recycling, landfill, availability of carts, service quality based on other client cities' references, and cost escalation formulas. The monthly gross rate comparisons of the� companies are as follows: GP Allied Waste ,,$49,923.66 % q# CWD 11-f7a x}6,602.53- - at Duncan Disposal Z f re47,366.69 4r1� S IESI 44,989.763 Waste Management 52,877.00 The staff will discuss the remaining seven criterions at the council workshop and make a recommendation. The core recommendation will be to authorize the city manager to negotiate a contract with the selected company and a backup company if negotiations fail. Originated by: Bob Hart Disposition by Council: �r ALWAD WAM URVIC1i October 25, 2007 Mr. Clifford Blackwell Director Of Finance City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 RE: REQUEST FOR PROPOSAL WITH QUALIFICATIONS FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING — DUE October 25, 2007 @ 2:00 P.M. Dear Mr. Blackwell, Allied Waste Services wishes to thank the City of Kennedale for the opportunity to submit the requested pre-qualification documentation and pricing proposal. We are confident you will find the information satisfactory to qualify us for further consideration and discussion throughout the remaining Request for Proposal (RFP) process. Throughout this pre-qualification document, Allied Waste Services will demonstrate our capabilities in all aspects that the City has identified as important in determining qualified proposers. These include information concerning our company history, our financial stability, key personnel both locally and nationally and present customer cities. Information regarding our customer service, safety programs, listing of equipment and our maintenance of that equipment are also provided. In addition, proof of local landfill ownership and availability that far exceeds your requirement is provided along with our regulatory compliance record and information relating to claims and/or disputes involving our company. Allied Waste Services is the second largest solid waste / recycling company in North America, as well as one of the largest solid waste companies in Tarrant and surrounding counties. Allied Waste Services is able to continue to provide the expertise and professionalism to not only successfully qualify as a proposer but also to follow through with delivering on the commitment to the City. Our successful history of delivering quality services to the City will guarantee you the most effective service at the best possible price. Allied Waste Services fully understands the requirements of the City and is prepared to meet and exceed those obligations as outlined in the Request for Proposal (RFP). We believe our history and performance proves our claim to provide superior service, competitive rates and the assurance that we will be bound by the terms and conditions -A,AYK AWED WASTE SERVICE'S of a negotiated contract to move forward in providing superior service to the City of Kennedale and the residents of Kennedale. Allied Waste Services understands and agrees that the RFP is a firm and irrevocable offer to provide for the services specified in the Contract and is bound by the proposal submitted for the services specified in the contract. In addition, in partnership and at the request of the City of Kennedale, Allied Waste Services will work to initiate pilot programs to explore alternate/additional services such as recycling and automated cart collection to improve the level of service for the citizens. We are committed to providing services that are tailored to the city's needs and will customize these programs accordingly. Except for the financial information provided on behalf of Allied Waste Industries, Inc., the answers to the question herein and all representations and certifications herein are provided by and limited to the Allied Waste Services business unit submitting this proposal. If any such information is required for other Allied Waste Services business units, please ask the proposing business to submit such additional information along with your reasons as to why such information is needed. All information requested in the RFP is submitted in this package. We look forward to meeting with you to discuss this further and expand on any aspect of this package to assure the Council that we are ready to move forward. Sincerely, Allied Waste Services Tim Powell General Manager AA WK ALNND WAM$51MCI3 DESCRIPTION OF RESIDENTIAL PLAN/SCHEDULE Allied Waste Services' plan and schedule for Solid Waste Collection/Disposal for the City of Kennedale can be simply stated: We will provide on-time, cost effective collection service to the citizens of Kennedale and to the commercial and industrial customers as well. Allied Waste is proud of our relationships with our customer cities and we will work every day, all day to assure Kennedale that we continue this tradition. Our solid waste collection and disposal service as proposed would be for residential customers on a (2) two day schedule. Beginning at 7:00 a.m. each route would cover a portion of the city with no collections made on Saturdays, Sundays or holidays recognized by the City. Suitable containers for the residential service would be acceptable containers as defined in the proposed contract. During the term of the contract, Allied Waste would be happy to work with the City of Kennedale to initiate pilot programs to explore other service options including automated cart collection of solid waste and recycling programs. We understand the importance of allowing the residents in various areas of the city to experience the new service in order to ensure the success of the program. These pilot programs will be tailored to fit the City's needs and can be customized as required. Allied Waste Services will utilize well-trained crews with the best technology available for the collection of solid waste and recycling including but not limited to front load, mini- front load, rearload and LeBrie low profile trucks. Our well-maintained trucks are totally secured and operators are trained so that no waste is allowed to scatter on the streets. Experience tells us that this service performed as "Take-all" will continue to give the citizens the result they require. Our Commercial and Industrial Service will be provided at the same high-quality level as is residential. We will use metal containers and heavy-duty roll-off boxes for the service. Metal containers will be leak proof and have sturdy self-closing lids to insure that blowing trash is eliminated and no unsightly or unsanitary conditions will develop. Service will be provided on a scheduled basis selected by the customers. Frontload trucks will be used for the commercial customers. Roll-off trucks will be used to service the industrial boxes. All trucks will be carefully maintained to our high standards and the drivers carefully trained. All loads will be either contained within the closed body of the truck or tarped before moving on a roll-off truck to contain any trash that might blow. AA YK ALUND W"M 211M US PUBLIC EDUCATION Allied Waste Services works as a partner with the cities we serve to provide public education at the onset of the contract as well as on an ongoing basis. At the onset, Allied Waste will at the cities discretion distribute written information either by mail, door-to-door delivery or by advertisement in the local paper an outline of the solid waste services that will be provided as well as the scheduled days of pick-up and customer service information. Should the city choose to initiate recycling, one 18-gallon bin will be delivered to each home with a recycling brochure describing the program as well as acceptable and unacceptable materials. On an ongoing basis, Allied Waste Services will provide the city with information and public information pieces to be included in the City's Newsletter and Local Cable Access Channel. In addition, a webpage will be created on Allied Waste's DFW website www.AlliedWaste-DFW.com that provides detailed information on the City's solid waste program. The information contained on this webpage can be modified to the city's specific needs. This website serves as public education tool providing detailed information for residential and commercial customers alike. City of Kennedaie RECYCLING lr nilvE r� INFORMATION ALLIED WASTE The City of Kennedale in conjunction with Allied Waste Services offers curbside recycling for our residents. Each household is provided 18-gallon recycle bins for recycling. Acceptable materials may be combined in the bins and placed curbside once a week for collection. Plastics bottles Paper, Newspaper, K and containers Magazines, labeled numbers Telephone Books & Junk Mail � 1, 2, 3, 4, 5 & 7 Aluminum Cans Cardboard & J Cereal Boxes 4- All colors r Tin & Metal Cans E of glasstz4r �.��, , l REDUCE, REUSE, RECYCLE & REBUY UNACCEPTABLE REDUCE: Buy durable, long lasting goods, a product MATERIALS that does not have to go to the landfill & select larger quantities in a single package. The following items are NOT RECYCLABLE REUSE: Repair, donate, or sell the item. Keep jars to store nails, pens, etc. Donate old clothing to Goodwill Plastic Bags including Grocery Bags, or Salvation Army. Wash & reuse plastic cups & Styrofoam, Aluminum Foil, Car Tires, storage bags. Yard Waste, Disposable Diapers, Waxed Cartons, Kitchen Waste, RECYCLE: Look around, just about anything in your Wood, Plate Glass, Ceramic, Mirrors, home/office that cannot be reused can be recycled Bubble Wrap or Paper and into something new. Did you know plastic soda Cardboard Products that are wet or bottles could be the fiberfill in your ski jacket or t-shirt? contaminated with food waste. REBUY: This is closing the loop, when you purchase Many Grocery Stores including something that has been made from recycled Albertsons, Kroger, Tom Thumb and products. This has economic and environmental Wal-Mart provide recycling bins for benefits and saves resources for future generations. Plastic Grocery Bags. If your not buying recycled, you are not recycling. ONLINE INFORMATION ALUEGWAMSERViCEE In addition, Allied Waste Services has a website for the DFW area that provides detailed information on our Solid Waste and Recycling services. In addition to information about our services in general, individual webpages are created for the cities we serve. The information contained on these pages is modified to meet the city's specific needs. This website serves as a public education tool providing detailed information for residential and commercial customers alike. The following is an example of a page that was customized to a city's specific needs. Additional information is available at www.AlliedWaste-DFW.com. 'ONF.O•'AMiRiCA'SMOST'TNUSnVDRI'HY CQMPAT1ff.5"-Fat►ea How .k,t,gA U_..,_•fici^�9r,a_5« Rftiplb'4 t�Sevv%:e�' (:Nw40% Safelvorel Enysorirlef6 EH,{rssYmert [_eAKO1�pn tjBVY3 avtct�lnfsarratrcx,: :hncs e Cliy 4_ • 2a ' or-Ale � i Waste Usposa1 Sexvfte for Grapevi ie,lexas J r t I ux,wtrtdd gatGa]e Is colireted from se -fatrigY tedtterccs tyltCt•weel:tY t kween tl PS h,nufs of TOO A.M.a ld;,fJO @.M.Ot)hit. iss'&7}uaSdaY rn } Tuesday K Friday dtzendalg on yotx"atton.Ciatbaga sYrotrkl be srxus:r!iii JII txopei contai x;,is saxh a;tcssh bsgs and v;hen loaded,can weroh no more than(50}fifty Funds each. .4t gartti3ge nwt he left al�i e ctxLNda mx, fates than 7:00 AM,on pkt:up day.Garbage shaukl t10 PlacL i at the ctxbsfda t'tn(1-cne than M)tW 4Vk)Isotrrs l'"-V to I:ari:up day. Vkw the lWtq fa colectson Your days. Ct;ck here to rrkt:s Yarn Q[*1AU@SY llt1 _nil 1• [3U6h and Ftsl A&11>r 1P41 Biu-.h and hulk waste nxku'smg large arrtount,of 010 waste,hilniture,and Neyy Y68t1 DO MpbKo,-;I tikl be placed at nhrbwka fa eollectm)by 7:13tS am each Memorial NY wedvm5day, Buf-waste C,rnerated by a roofetswA contracted or � 4th ! td:rapa_r Is constdrftu+rl Cgrrlmwctal Ve.lstn Mld;irautcl tie ckspo;ed of by tilt' Latlut l]ay �oymj lnlrydded, V1atllt,*wYj Sm-A tree tfwff I,,eu>d brarsche SiKAtd bE tfa k1Itnall 6A K4* rbt iitrr#ntas 1%,Urdnt7 1.11 1111.11 ltr�t rn iellgth or(,--a)fifty Motu--}.ran btsy-Vo ii w-.glt arrayolacr,l at Curbside With!Pa Aaf tlalbaQt AE,3+d Waste Sim Ytce4 its Tarrant Calaaty otf ce [ash hotrsehr�d n prov e f 1.,raHtn i rP[t+cz tans€pro recyiAr i..4aCptatde 61011 f:#krtl RAPU+1 Rd. met&tali may bo carLiK•d kt the bins a-61 Oa:,Vd subside once a;yeei:fa Pat worth,7 exai 76117 Cokctaon un MaidaY,Ttlusclay,Thwday c-o FrldaY cwpessdwll;i ai'rua' h:,callon,vlew the lA&t macs fw YoLjj scheckrfed cofei.twri day. sa nxxe -707; ni7 oration on wLvtlino,V&our pit',)332yt J1 Fu(1317)@.31-2t1e0 �[usehukl Hazar�tts tPVa�tp T£r City of Utat]eylrjP t)trrtildr. iViLlenti.31 LW IMCIA;the+s1A?orltd"atY tq -- . kea35c.t1f hov etbRi hararckArs Yeaste ttxcarsih tlro tnyaccrnental rollectvxn Reamt amulBrW/jr'1dc!ttM Serval s.'entci ds Fat 4Ycxth [refit-retSA_aEA&l1P it Alk,d Waste offers a ft>f range of setysee Wtlort amyl U&POW0 to PtfsCrartttr mot rsadgylvyc and •cononrcally rnx t yuui waste tc k'ectloo nix t.hcill-end kra, ctustalnrfs work hest for L,usinesses th,,l oerlerato Low-ore city waste matelals that can ho compacte,;i,sndl as oftlte wa::te WKI Ibad pn7CAlCU-Yve rn&ntw of o n7yontofry of c otalslfts Ws a vattOty of -!zes rrla offer Amble CCA*nul sdyac)aar p.Piaase see Lila page on E;, ±Ei,, ykes for ensue rsh7rmaton, l:�tl wast1,sei m r gryjtg allia�i Yl+rite.��e!vices offers an alteniative to can crrstans?rs vvhase vraste!s too large to fit aItr]a traditkxiaf corttaYsn sx canpacta. Materials hive this may Include[Mass,concrete,tnae sharyr,wood,steel,and other Gs,64Y wastes.Flu move atfarnation,please vest can pate m n Qjg 1 Top K r.!l t�"� Co t kV., I (C W:D) Community Waste Disposal.com Sing 1484 October 25, 2007 Clifford Blackwell --Director of Finance City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 RE: RFP with Qualification for the Collection and Disposal of Solid Waste & Recycling Enclosed is Community Waste Disposal's response to the City of Kennedale Request for Proposal for Solid Waste Collection and Recycling Services. Opening date: October 25, 2007 at 2 pm. Community Waste Disposal agrees to be bound by the proposal submitted to provide for the services specified. We further agree that the proposal is a firm and irrevocable offer for one hundred and twenty (120) days. We attended the mandatory proposal meeting held October 8, 2007 at 2:00pm, and we have reviewed your request for proposal and taken your guidelines into consideration when composing CWD's proposals for the City. Should you have questions,please call me at 972.392.9300 ext. 208, or on my mobile at 972,333. 101. Sine ely, Greg A, oemer President 2010 California crossing Dallas,Texas 75220-2310 Waphone 972.392.9300+817.795.9300 lacsimile Community Waste Disposal.eom Sillce 1984 The City of Kennedale -- Executive Summary Residential Trash Collection—Option 1 New 95 Gallon Carts Many cities through out the DFW Metroplex have switched from hand rear load collection to 95 gallon cart collection. This service provides several advantages to the municipality.One advantage is the cart contains the waste which reduces or eliminates animals in the trash or the wind blowing trash throughout the city. Many homeowners enjoy this service because they have a container on wheels that they can transport their refuse to the curb. Additionally,because we experience increased operational efficiencies,95 gallon cart service is a very cost effective alternative. Should you choose carts for the trash option,this cart would be gray. We buy new Toter carts that are known to be attractive and durable and should be an asset to Kennedale's curb appeal. CWD will deliver,maintain and replace lost or stolen carts on a timely basis to each Kennedale resident. Additionally,any time a new resident moves into the city,CWD will promptly deliver that resident the carts required to facilitate the service requirements. In this option„ loose brush and bulk will be collected on a monthly basis. $6.84 per Month (Add$1.49 for weekly recycling) ASL servicing a recycle and trash cart Residential Trash Collection—Option 2 CWD will provide twice weekly collection to each Kennedale resident. The schedule will be on a Tuesday/Friday cycle. The resident may place their refuse in containers or bags that do not exceed 33 gallons each and shall not weight more than 50 pounds each. Additionally,on the second collection cycle we will pick up bulk waste&properly prepared loose brush piles brush. $8.88 per month (Add$1.49 for weekly recycling) Rear load truck used for refuse pickup WD Community Waste Disposal.com Since 1984 The City of Kennedale — Executive Summary Weekly Residential Recycling—Base Proposal On one of the refuse collection days,CWD will collect recyclables from each Kennedale resident. The resident will be provided a new 18 gallon green recycling bin. All recyclable items listed in the RFP will be accepted and recycled at CWD's facility located at 2010 California Crossing,Dallas,Texas. $1.49 Per Month Labrie truck used for 18 gallon bin pickup Brush and Balk Item Collection CWD will collect curbside loose brush and bulk items such as,stoves, furniture,water heaters,dish washers, ect. In Option 1 this service will be preformed one time per month. In Option 2,this service will be done weekly on the second collection cycle. The charge for this service is included in the residential refuse charge. QUIN i 1.4, s y, Properly prepared loose Rear Goad truck used for brush will be collected on a bulk pickup scheduled basis. CWD r Community Waste Disposal.eom Since 1984 The City of Kennedale — Executive Summary Periodic Rate Adjustment Formula Not all services are affected by the same cost increases,or have the same portions of cost.For example,some services, such as recycling collection do not have disposal cost,while roll off containers may have as much as 50%disposal cost per load.We have taken our many cost components and summarized them in three categories and have located reputable third party sources that measure the change in each. These sources assures Kennedale and CWD that requested rate changes have a credible foundation.Because of the complexities of different components for different type services,CWD recommends that the attached two page document titled"Annual CPI/Fuel/Disposal Cost Adjustment"be negotiated and used to represent future contract adjustment with the City of Kennedale. 12% Typical cost Diesel Fuel breakdown for front e olsposa� 30 load commercial trash 58% °%0 a cPi service CO Contract Term Because CWD amortizes its trucks over a 5 year period we request that the contract term be a five(5)year term with options to renew for additional five year terms based on customer&contractor mutual consent. CWD has never purchased any of our contracts through an acquisition. 92%of CWD'.s municipal customers choose to renew —� their contracts cwo Community Waste Disposal.com Since 1984 The City of Kennedale — Executive Summary Recycling Drop Off—Alternate 1 Over the past 14 years this program has produced thousands of tons of clean commingled recyclables. Many of our communities have one or more Unman Drop Off Centers. The Drop Off Center is designed to encourage clean recyclables and is available for deposit 24 hours a day,7 days a week. $702.76 per month Single Stream apartment recycling container Performance Bond All residential rates contained in this proposal include the cost of a$50,000.00 performance bond. To increase this amount please add to the residential monthly rate$.07 for each$50,000.00 increment in performance bond. (Example: for a$150,000.00 performance bond,add$.14 to the residential rate). CE Community Waste Disposal,com since 1984 The City of Kennedale - Executive Summary Free City Services Included in all Residential trash collection services,Option 1 and 2 are the following Free City Services: Alternate 3 Four(4)30 cubic yard open tops containers delivered two(2)times per year with a total of eight(8)annual hauls. Hazardous Waste Clean Up $1,000.00 annual cash donation. City Buildings Nine(9)front load containers of various sizes being service one or two time per week. Recycling Revenue Sharing CWD has revenue sharing programs with multiple cities in the metroplex. We believe this to be an important part of the recycling partnership in that it rewards all parties for increasing and keeping volumes clean and free of foreign debris. The revenue sharing program that we are recommending is projected to pay the city a net$6.25 per ton. We are providing you two revenue calculation projections. One will be for the utilization of 95 gallon carts which will show greater annual tonnage. The second is for an 18 gallon bin program which has lesser annual tonnage. The CWD revenue sharing program uses market value of material, a known component percentage of the materials and per ton processing fee. The commodities pricing is determined by national and well respected journals that regularly determine the value of each material we will be collecting from the Kennedale resident. This price is applied to the attached spreadsheet to determine the overall value of the tonnage collected from your City. Therefore,as prices climb your net$6.25 per ton will climb. Under this revenue sharing program you will never be required to pay CWD,regardless of how low the material values may go. Recyeling Pounds Per Household 80 66 60 Greater Landfill 4e 45 47 Diversion with Rebate 40 la sins 2 Progra»t zs z3 f Gans z 20 0 0 Donlon Fort Worth Plano Allen Frisco CWD i r► f DuN SERVICES, INC. lrce 193j October 24,2007 Proposal for the City of Kennedale COVED.LETTER Ms. Clifford Blackwell—Director of Finance City of Kennedale, Texas 405 Municipal Drive Kennedale, TX 76060 RE: Response to request for Proposals for Solid Waste Collection and Recycling Services Due Date & Time: October 25, 2007— 2:00 p.m. Dear Mr. Blackwell, First, Republic Waste Services of Texas, Ltd., DB/A Duncan Disposal "Duncan" would like to thank the City for allowing us the opportunity to serve the citizens and businesses of Kennedale since 1998, and for allowing us to participate in the proposal process. We hope we Dave met or exceeded your service expectations over the last ten years. We are pleased to submit the enclosed proposal for your review. Duncan agrees to be bound by the terms and conditions of our proposal including; the Request for Proposals, proposed draft contract and the proposal submittal documents. The enclosed proposal is hereby transferred in its entirety to the City of Kennedale. Because we manage our operations locally, we fully understand the complex environmental issues and regulations in the markets that we serve. We assist our local municipal customers in the design and implementation of customized programs that meet and exceed each community's requirements. Increasingly, communities are seeking common goals, including: cost effective programs, quality service, and increased landfill diversion. With a well-designed collection plan and the correct service partner,the City can achieve these goals and have a clean city as well. Collection Service is the aspect of solid waste management with the most immediate and significant impact on individual citizens. Given the frequency of service, consistently reliable performance by the contracted collector is imperative. The City should select a provider with a record for service, along with a plan to meet the City's stated objectives and service requirements. Duncan Disposal has just such a record. The Duncan Disposal Company has been serving communities in North Texas for nearly six decades. We encourage the City to talk with our customers to review our performance. 1 DUNCI�� Aa REPUBLIC f.�f9jf SERVICES,)NC. October 24,2007 Proposal for the City of Kennedale As the City's service provider for the last ten years, we have developed a strong sense of the expectations of the citizens and businesses in your community. Duncan Disposal is eager to work with staff in developing other beneficial programs such as residential recycling and household hazardous waste programs should the City elect to pursue these options. We have the experience and numerous resources available to assist staff in developing and implementing these or other programs. Because our principal offices and base of operations are located next door, (Arlington) we can respond quickly to all issues that arise in a very expeditious manner. Our landfill agreement with the City of Arlington insures that we have the ability to provide the Kennedale community with disposal capacity for many decades to come. Finally, because Duncan Disposal is the current service provider, we are the only company that can guarantee the City a smooth and seamless transition. Again, we appreciate your business and look forward to continuing our relationship. I am available at your convenience to discuss our proposal or other issues of concern. Respectfully, aJ4, Vince Hrabal Public Sector Services Manager Republic Waste Services of Texas, Ltd. D/b/a Duncan.Disposal I REPUBLIC WASTE u �� SERVICES OF DUB AN TEXAS,I-TD Jvaa f95f October 25,2007 Proposal for the City of Kennedale Operating Plan Duncan Disposal, "Duncan" proposes the following service options to residential customers: W Option I --Once per week residential trash collection f` only. Duncan elected to submit a no-laid to this collection option, Option 1 with recycling -- Once per week residential trash collection and once per week residential recycling. Duncan elected to submit a no-laid to this collection option as well. Option 2 — Twice per week trash collection. Duncan Disposal proposes to continue with twice per week collection of residential trash on Wednesdays and Saturdays. Should the City e-Je t to implement F., curbside residential rec-efl .� t•t - ra-+l� za.s v" 1 ll + J .Y a& Flo l- t. YY�. vy�11 CVAI L recycling citywide once a«,eek on Wednesday. Under this option, Duncan Disposal will provide twice weekly trash collection in bags and resident supplied cans using rear loading collection vehicles. We will continue with the same collection format and service level as is currently being done. Residents will continue to receive a high level of service that they have come to expect. If the city elects to implement a residential recycling program, we will provide each residence a new 18-gallon recycling bin, Whether the city elects to implement a recycling program now, or sometime in the future, we will work with staff in developing a comprehensive educational program, Duncan Disposal successfully transltloned over 83,000 homes in Arlington, and over 35,000 homes in Grand Prairie when implementing a recycling program in those communities. We can develop an implementation and transition schedule, along with a sound strategy that will ensure a successful program in your community as well. The materials to be included in this program would include: newsprint, magazines, household paper products to include junk mail, cardboard boxes, telephone books, chipboard boxes, aluminum beverage cans, steel/tin cans, glass bottles and jars and plastic bottles. .. REPUBLIC WASTE 11 ✓ SERVICES OF DUNCAN 4,� TEXAS,LTD Sfxas P95P October 25,2007 Proposal for the City of Kennedale Drop-Off Recycling Containers — Should the City instead opt for a drop-off location for recyclable materials, Duncan Disposal will provide a thirty yard closed top style container to be used to store recyclable materials. We would haul the container on an as needed basis to a recycling processing center. This would include the same materials as proposed under the curbside program. Bulky Item Collection — Duncan Disposal will collect small bulk items such as furniture, appliances and other small items in conjunction with the weekly trash collections service. Each resident will be limited to four cubic yards of such waste each week. This will include bundled brush, which meets the current definition and at the standard as set by current city code. Large Bulk Item Collection - We will provide an on call service for residents needing collection of large items or quantities of materials outside the scope of regular service. We will provide either rear-load services or a brush chipper to collect the large items that either exceed the four cubic yard per week restriction, or those materials that cannot be collected with the regular trash crews. The charges for these services are included in our rate proposal sheets found in Section 6 of this submittal. Household Hazardous Waste — Duncan Disposal would assist the City in developing an inter-local agreement with the City of Ft Worth for the disposal and processing of household hazardous wastes. We contacted their environmental services department, and they have a program in place that is currently used by 32 cities in the Tarrant county region. Entering into an agreement with the City of Ft Worth would entitle the City of Kennedale to at least one event a year whereby they would stage their Crud Cruiser on one Saturday each year for two hours to collect the waste. The cost for the program is $47 per household use. Their processing center is located on Bridge Street in east Fort Worth, and is open Thursday thru Saturday. Kennedale residents would be allowed to access the facility year-round under the agreement. In estimating the annual cost for the City of Kennedale,the collection center last year had just over 22,000 homes utilizing either the collection center or the Cruiser at staged events. The coverage area encompasses over 650,000 homes resulting in a participation percentage of around 3%. Assuming this percentage holds true for the City of Kennedale, there would be an estimated 60 homes using the service annually, or a projected cost of $2,800 annually. We will be happy to discuss funding options with the City whereby a preset amount is rolled into the monthly residential, and or commercial rate structure. i I i -., REPUBLIC WASTE & "' SERVICES OF QUUNCCAAN - ' TEXAS,LTD Pae l9S October 25,2007 Proposal for the City of Kennedale Commercial & Industrial Roll-Off Services — Duncan disposal will continue to offer various size containers at frequency levels up to six times per week. Customers will continue to receive the exceptional level of service they are accustomed to. Christmas Tree Recycling — Duncan Disposal will provide two forty yard roll-off containers each year to be used to collect Christmas trees from within the City. We will then haul the trees to our sister company, LETCO located at the Arlington Landfill for processing. Disposal Facility— Duncan Disposal will deliver all solid waste materials to the Arlington Landfill located at 800 Mosier Valley Road in Arlington, Texas. The Arlington Landfill is a Type l permitted landfill with approximately 27 years of remaining current capacity, with an additional 20 years of expandable life. We have a forty-year lease agreement for the site with the City of Arlington. Recycling Processing Facility— Duncan Disposal will deliver all curbside recyclable materials to Abitibi Consolidated located in Arlington, Texas. Abitibi operates a single stream processing facility and has established markets for the materials to be collected under the program. Processing fees and any associated rebates are factored into our proposed rates. Equipn-.ent—Duncan Disposal operates a current fleet of over 200 vehicles here in the North Texas area. Please see the list of our current fleet located at the end of this section. Customer Service and Complaint Resolution Duncan Disposal has built a service reputation based on meeting the expectations of our customers. We have a number of municipal customers for which we have provided solid waste and recyclables collection services for decades. Service delivery in the solid waste collection service is 'i dependent on: 1) proper equipment and maintenance, 2) trained operating personnel, and 3) talented management and supervision. Effective supervision is the key to prompt response to any issues that arise in the delivery of service, 100% Customer Satisfaction: The#1 Goat At Duncan Disposal, customer service and satisfaction receives the highest priority. Duncan Disposal makes hundreds of thousands of collections to residential and REP[!BLlC WASTE DV�N SERVICES OF TEXAS,LTD Ir.ae79A October 25,2007 Proposal for the City of Kenuedale commercial customers each week. Our goal is keep our customer complaint level to less than 1 call per ten thousand services. We are currently achieving that goal with a complaint call to service ratio of.65 calls per 10,000 services. Our customer service representatives (CSR's) understand that nothing short of 100% customer satisfaction is acceptable and strive each day to keep the level and degree of satisfaction above industry standards. Customer Service Center Some degree of service requirements or inquiries, are anticipated in the provision of Solid Waste Collection services given the large number of actions inherent in the service. In order to ensure service quality and customer satisfaction, procedures must be in place to facilitate quick response. We have a full-service Customer Service Center that is dedicated to handling every type of solid waste and recycling inquiry or request. We recently implemented a Customer First Initiative, in which we re-trained all CSR's to address service phone call inquiries and requirements from customers with the highest level of professionalism. The Customer Service Department works in concert with our operations management and supervision team to ensure service meets the expectations of our customers. Inbound calls from customers are tracked in a work order system in order to track service requests from customers, along with the completion of service tasks (work orders). This ensures that the customers inquiry is noted with the specific action required and flags the call for follow-up service. IES! TX Corporation October 25,2007 Mr. Clifford Blackwell Director of Finance City of Kennedale 405 Municipal Drive Kennedale,TX 76060 RE: PROPOSAL AND QUALIFICATIONS FOR SOLID WASTE COLLECTION AND DISPOSAL Dear Mr. Blackwell: IESI TX Corporation is both pleased and excited about the opportunity to provide solid waste collection and disposal services to the City of Kennedale. IESI Corporation is the sixth largest solid waste collection and disposal company in the United States with our Corporate headquarters in Fort Worth, Texas. IESI is a fully integrated, non-hazardous solid waste services company dedicated to providing the highest quality collection,recycling,transportation and disposal services in an environmentally aware and cost effective manner. As it is with all of those municipalities IESI serves, we pledge to the City of Kennedale and its residents the highest level of customer service along with a selection of disposal services that are second to none in the industry. We at IESI take great pride in the"fact"that"customer service",to both the City of Kennedale and its citizens, is paramount in our corporate thought process. We take the delivery of environmental services very seriously. Our Customer Satisfaction, Safety and Maintenance programs are great assets to IESI as we deliver services to communities and businesses throughout the United States. People do, in fact, make the difference,and I am certain that you will find IESI's people to be the very best. In closing, we appreciate this opportunity to IESI and other solid waste collection companies to submit our RFP's. We agree to be bound by the proposal we are submitting to provide for the services specified in the contract. Upon review of our proposal,should you have any questions, do not hesitate to contact me personally at 817-547-9014 to address your questions or concerns. Respectfully submitted, Robert Kneis District Manager 4001 OLD DENTON ROAD, HALTOM CITY, TX 76117 •(817)222-2221 •FAX(817) 222-0354 III. Operational Plan IESI operations specialize in the collection and disposal of municipal solid waste and have experience in all of the latest technologies to establish the highest level of services at the most economical price available. Service Overview IESI will service your community from the Fort Worth District. The Fort Worth District services over 45 municipal contracts including local communities such as Haltom City, Colleyville,Lake Worth, Sansom Park, Westworth Village, Forest Hill and White Settlement. These communities represent a small portion of out experience, but represent communities with very similar demographics. The services requested are very similar to those cities listed above and we encourage you to contact those communities to verify our level of commitment and dependability. Location IESI will service your community from the Fort Worth District Office and Operating Center located at 4001 Old Denton Rd, Haltom City, Texas 76117. The facility, built in 2003, consists of over 6,000 square feet of office space that includes out customer service department equipped and staffed with the resources to accommodate both the current and future customers of IESI. In addition, our eight (8) service bays, 8,000 sq. ft maintenance facility currently maintains a fleet of 60+ units and with adequate staffing is capable of servicing over 150 vehicles per day. Our business hours are currently Monday thru Friday 8:00 am to 5:00 pm and Saturday 8:00am to 12:00pm. Our maintenance facility operates 24 hours per day Monday thtu Saturday ensuring that our service vehicles are always operating in a safe and efficient manner. After hours'numbers are available and utilized to ensure we meet the needs of our customers even when our Customer Service Center is closed. A Leading Partner f o r Municipal Solid Waste&Recycling Services - 4- Operation Summary Y Residential Services IESI provides several different types of residential service including but not limited to: • Residential Take All Service F • Fully Automated Cart Collection 1 • Single—Stream Recyclable Collection r t • Weekly Yard Waste Collection • Bulk and Brush Collection • Yard Waste Processing IESI has the experience it takes to provide your community the highest quality of service. Prior to the start- up of a new municipal contract,IESI will send the management team into your community to study,map and plan the necessary routing that is required to service your community. This includes understanding where your existing routes begin and what day each residential unit is collected. Our objective is to implement a start-up in which the key differences are a more reliable service and a different color truck. One distinct difference between IESI and our competition is our ability to establish prompt and reliable service. We have testimonial proof that IESI is the finest company when it comes to start-up and we will ensure your community that IESI is truly the leading partner in the industry. Opp r I> / IESI Benefits: • Collections completed on a timely basis and that means off your streets consistently by 5:00 pin. • Safe, dependable and leak free equipment, • A customer friendly response to all inquiries and guaranteed resolution to each and every complaint • A complaint tracking system that pinpoints a potential problem before it escalates. • Our dedicated employees believe and understand the importance of providing high quality service. A Leading Partner f o r Municipal Solid'Waste&Recycling Services - 5 - ➢ Yard Waste Collection and Processing IESI is highly experienced in the collection and processing of municipal yard waste. IESI owns and operates a yard waste processing center located at the IESI Fort Worth C&D Landfill in Kennedale, Texas. This facility processes approximately 20,000 tons per year of yard waste including all of the yard waste collected in the City of Fort Worth collection program. IESI manages and collects yard waste for the City of McKinney. This community, identified as one of the states fastest growing communities, has taken a proactive approach in recycling and works hand in hand with IESI developing collection programs. We recommend contacting the City of McKinney for references and information regarding this program. i¢ ➢ Public Information Activities IESI understands the importance of public education and is committed in providing each community we serve an outstanding public information program. The most beneficial means of communication is door hangers. These door hangers are hand delivered to each resident within the community and include detail information regarding our services. As each municipal program is different both IESI will customize each flyer to best suit your specific program. In addition to flyers or door hangers, IESI will have the ability to setup links from the City's website to the IESI website detailing more information about your program. These links will coordinate all upcoming activities, hours of operation, specific collection procedures and most importantly contact information to get additional information. IESI is always looking for more innovative ways to provide information to its customers and we are confident we will meet the public education needs of your community. A Leading Partner f o r Municipal Solid Waste&Recycling Services - 6 - Commercial Services The IESI Fort Worth District provides both commercial front load and side load services. In addition to MSW collection, IESI also provides commercial recycle collection as part of our regular services. Our commercial collection drivers have completed extensive training allowing us to provide a safe working environment for every business owner within your community. t As you know, certain types of waste streams generate an awful odor that is usually in the area of restaurants, grocery stores and even school cafeterias. IESI understands the importance of minimizing these odors to prevent health hazards caused by rodents and other health related items sensitive to the cleanliness of the area around the waste container(s). IESI will sanitize each container as needed in order to eliminate odors. Each IESI commercial customer receives one exchange and/or cleaning per year and is available upon request. However, if a particular business needs additional cleaning or exchange services IESI will provide that service for a fee depending upon the level of services required. IESI is focused and committed to reduce these issues, but most importantly, will address a situation before it arises. Most potential health or code violations occur from a business needing more service. As municipal resources or limited, IESI takes a proactive approach of resolving these issues directly with the business owner. Our commercial operators will communicate each situation to our customer service department whom then will notif, and resolve with the customer. Communication is the key to our business and IESI has the processes and technology in place to provide clean, safe and efficient commercial collection services. All IESI containers are painted Kelly Green and properly decaled with our company logo and phone number. In � r addition, we guarantee to repair or replace a damaged receptacle within Five (5) business days from the time the customer notifies our customer service department. All safety related items are resolved within 24 hours. In the event damage to the container is a derivative from misuse by the customer then certain fees may apply. A Leading Partner f o r Municipal Solid Waste&Recycling Services - 7- 6 ➢ Roll Off Services IESI will collect all non-hazardous industrial and demolition materials and dispose at a permitted subtitle D or Type IV facility. Container sizes consist of 20, 30, and 40 cubic yard containers. IESI guarantees prompt delivery and service of all container services witivn 24 hours from initial service request. Our Fort Worth District operates approximately 24 routes on a daily basis and service all customers within one business day from the time they schedule their request. The contractors and local businesses within your community will not have to wait for containers to become available or two and three days to have their containers serviced. We promise to deliver the service both you and your community expect. IESI services several prominent industrial accounts which include. • Sara Lee Distribution,Haltom City,Texas • Cabelas,Fort Worth,Texas • Steele Freeman Construction,Fort Worth,Texas 7. • Owens Corning,Waxahachie,Texas • Thomas S Byrnes,Fort Worth,Texas All Roil Off customers will have access to an after hour phone number in the event a situation or emergency arise. ➢ Equipment An area in which IESI TX Corporation prides itself as an industry leader is the area of"Preventive Vehicle Maintenance". We believe the following four-tier approach produces the best overall,long-term results necessary in providing consistent superior service. • Proper purchasing of new equipment technicall y suited for the services proposed. • Preventive maintenance program is progressively structured and scheduled by the equipment operating hours,is performed by IESI maintenance staff. • IESI plans ahead for major repairs such as engine and transmission repairs reducing unexpected breakdowns and disruptions in the service schedule. • IESI operates a spare truck fleet ratio of 1 spate for every 10 primary route vehicles. All spare units purchased for the Fort Worth contract will be new units and spare units will have less than 3 years of service. In summary, each vehicle is serviced every 125 hours of service. Both our professional commercial drivers and mechanics check all units for leaks and safety defects by on a daily basis. A Leading Partner f o r Municipal Solid Waste&Recycling Services - S- W WASTE nesantAGIE "JUT WASTE MANAGEMENT 1600 C South Railroad St. October 25, 2007 P.C.Boa 276 Lewisville,TX 75067 Honorable Mayor, Council Members and City Staff City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Greetings! Waste Management of North Texas is very pleased to submit this response to the request for proposals for the collection of solid waste and recycling materials. The R1~P response date is October 25, 2007 at 2;00 p.m. Waste Management is a corporation and the division that will be servicing the City of Kennedale will be Waste Management of North Texas, Waste Management is the unquestioned leader and innovator in the environmental services industry. Our business philosophy is to ensure that our customers are not just customers, but true Partners that we work with together to ensure that the quality of service, trust, and responsiveness is the very best that can possibly be achieved. Our Partner cities in North Texas are testament to this philosophy. We strive to become a vital member in our Partner cities by working closely with schools, chamber of commerce, business organizations and within city hall. If you chose Waste Management to be your service provider you will immediately see this plan of action take place! Waste Management is the leader in the technology of producing electricity from methane gas at many of our landfills throughout the United States. Just this year we brought on line the newest and most modern of these facilities at our Skyline Landfill located in Ferris, Texas. After the first of the year we will begin building another of these waste to energy plants at our Westside landfill in West Fort Worth. The residents of Kennedale will be able to utilize our modern and easy to use Transfer Station for those times that they have a larger than normal amount of brush or bulky waste. This facility will be available through our landfill disposal coupon program as described in our operational plans. Waste Management is a major sponsor of Keep Texas Beautiful and will bring to Kennedale the goals of this wonderful organization. We understand that in order for a city to grow residentially and to be able to attract new business to move into the city, the city MUST have an aesthetic living condition that will impress. This standard of excellence will be reached with a continual communication between Waste Management and city staff, elected officials and businesses within the city. As Kennedale continues to move forward Waste Management will bring many programs such as recycling education, involvement in schools, the highest standard of collection excellence through our one of a kind Service Machine excellence program and many other programs that are unmatched in the solid waste industry. The Waste Management Customer Service Center, located in Lewisville, is a state of the art customer assistance center. Each representative answering calls from residents and business ofKennedale will be handled in a professional and courteous manner. A monthly report detailing all calls associated with the city will be given to staff detailing the nature of the call and the resolution of the situation. This tool is very valuable to the city as it provides a measurement of how things are going within the city concerning the collection process. If the City ofKennedale is looking to Partner with a company that recognizes quality management and not just the bottom line, Waste Management is your choice!! 3�� Steve Kellar Waste Management of North Texas Public Sector Services 817-454-7504 Proposal for City of Kennedale Residential&Commercial Collection Plan Collection Operations- General At Waste Management, we have a set of core principles that guide everything we do. At the top of that list is customer service. Nothing, in our view, is more important. Because of the company's emphasis on Environmental Stewardship, our service must be defined on a much larger scale than that used to measure only how effectively a crew moves through your community's street emptying cans into a truck. Are the containers put back in place for the homeowner's convenience when he or she returns home from work? Is the garbage collected at about the same time each collection day? Does Customer Service respond to a call like a professional group? At Waste Management, we intend to provide the service that yields a resounding "YES" to these questions. Our involvement in the community will be different than that normally associated with a solid waste collection contractor. While we will certainly support the local Chamber of Commerce, and support the City with various volunteer projects throughout the year, our emphasis will be on working with elected officials and staff to make the city litter-free through implementation of those programs associated with Keep America Beautiful and Keep Texas Beautiful. Our firm will be unique in this respect from all others in this industry in the Metroplex. Quality Control Waste Management "attacks" quality issues at all levels....from the driving crew, through on-site supervision, to upper management, to insure an open line of communication with the customers we serve. An effective management tool that is used exclusively by our company is the Service Machine — a series of metric measurements posted daily to allow employees at all levels within the company to determine what standard of work is being performed. Other companies will preach customer service ....we put our accomplishments on the board everyday for all to see. The important questions: does it work and has it made a difference to our culture. "Yes" to both questions. Drivers have rallied around the fact that their work performance level is visible to both peers and upper management all through the day. Incentives for safe performance are in place for the driving fleet with rewards commensurate with responsibility levels. (Please refer to the section Customer Service for additional information) WASTE MANAGEMENT Proposal for City of Kennedale Residential&Commercial Collection Plan Holiday Schedule The following days may be observed as holidays for the purposes of this contract: • New Year's Day • Labor Day • Memorial Day • Thanksgiving Day • Independence Day • Christmas Day Make-up collection will be provided on the next collection day following the holiday, unless Waste Management opts to collect on the holiday, and the City agrees to Waste Management's request to operate on the holiday. Sufficient notice will be published in the local Lancaster paper. Safety Programs wasrU MANAGEMENT In addition to the extensive safety program Waste Management has in place, we are able to draw from our corporate offices to offer the latest in safety and environmental training. Waste Management, Inc. conducts regular health and safety programs for its employees throughout the country. They provide guidance to the operating locations in meeting the compliance requirements of federal health and safety standards of the Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT). In-depth training programs are conducted frequently by either Waste Management on local issues or by WMI on issues of regional concern including: Hazard Communication or the Employee Right-to-Know, Asbestos management, Industry Specific Defensive Driving, Quality VV WASTE MAN-F.M1.NI Proposal for City of Kennedale Residential&Commercial Collection Plan Customer Service (The Service Machine), Integrity of Ethics and Code of Conduct, Control of Hazardous Energy (Lock Out / Tag Out), Confined Spaces and Emergency Response. Some of the safety programs and equipment provided by Waste Management to its employees and on the route trucks and which will enhance the safety in the community are as follows; Extensive new employee background investigation checks Three day orientation training for all new hires 90 day on the job training and evaluation program A District Driver Trainer at each transportation location Random Alcohol and Drug Testing Monthly Driver Safety Meetings Operations Supervisor monthly on the job observations Hazardous Waste Identification Environmental Storm Water and Spill Response Training WMI facilities must meet or exceed industry and government safety standards. Applicants with poor driving records are not employed. Motor vehicle reports for employees are reviewed every six months. Health and safety professionals conduct safety audits and industrial hygiene surveys at all WMI facilities to evaluate compliance and potential hazards. Safety Manual and Reporting. WMI has prepared a Health, Safety and Transportation Manual that contains guidelines for safe operations of solid waste facilities. A self-audit checklist has been prepared to guide Safety and Department Managers through these requirements. Waste Management's Safety Manager monitors the performance of the divisions and carries out safety audits to compliment the Observation Reports done by line supervision. WMI has implemented a comprehensive program to meet the requirements of Employee Right-To-Know, Community Right-To-Know and Emergency Response regulations of U.S. Department of Transportation (DOT), OSHA and the U.S. Environmental Protection Agency (EPA). The Waste Management North Texas Division has recently received our new TPDES, (Texas Pollution Discharge Elimination System) General Multi Sector Permit. We also updated our SWPPP (Storm Water pollution Prevention Plan), and SPCC (Spill Prevention Countermeasure and Control) plans, to ensure our compliance with current changes in Federal and State regulations. WV WASTE MANAGEMENT Proposal for City of Kennedale Residential&Commercial Collection Plan SPILLAGE Waste Management has a SPCC (Spill Prevention, Control and Counter Measure Plan). This program is designed to train our drivers on how to handle a non-hazardous spill while on route. Each vehicle is equipped with a spill kit that has various absorbent materials that contain spills while a crew is dispatched for immediate clean up. Hydraulic Spill - caused by a mechanical failure on truck The driver on the route would handle this initially. The driver is trained to contain the spill to prevent it from spreading, or entering a watercourse. The driver would use the spill kit provided or available material, such as dirt, to create a barrier. The driver would also use dirt in the vicinity to absorb the spill. The driver would radio our dispatch office and trained supervisory and maintenance personnel would respond with additional clean up materials. Spill and clean up material would be placed in our mobile clean up unit and disposed of properly. The site is left as clean as possible. W h,tiTF MANGC.FMFNT Proposal for City of Kennedale Residential&Commercial Collection Plan Collection Operations- Solid Waste Residential Collection Waste Management of North Texas proposes to service residential customers of the City of Kennedale with one of two options: Option 1) twice weekly using the current method of hand collection, servicing ' Ali the entire community on four workdays e, Option 2) once weekly using a WM- ...�.. - provided 96 gallon Poly Cart and servicing - the community all in one day each week. Option 1) Twice per week collection will utilize a 25-yard Rear Load collection vehicle. This will be a tandem-axle vehicle with one driver and one helper. This will be a "take-all" service designed to collect both the normal residential wastes as well as the Brush and Bulky items in the same vehicle. Garbage may be set out by the resident in bags or cans; neither method shall exceed 50 pounds per container. Option 2) Once per week collection will utilize 25-yard Automated Side Load collection equipment. This will be a tandem-axle vehicle with one driver. This vehicle is designed to collect 1 materials within cart(s). Ea Additional brush and bulk items will be collected once each month at a home using a grapple unit. The community will be "quartered" so that WM operates in the City every Saturday collecting from approximately one-fourth of the homes. As indicated in the RFP, Waste Management agrees that collection will begin no earlier than 7:00 a.m. and in general will not extend beyond 6:00 p.m. No collection will occur on Sunday. Disposal will take place within the operating hours of the disposal site. VV _.SIFE MAFq nF%4VNT Proposal for City of Kennedale Residential&Commercial Collection Plan Special Needs —when the City has recognized homeowners with special needs and notifies our company, supervisors will work with route drivers to insure that the weekly collection occurs at these residents. School safety—WM is proud of our record of safe driving and attempts to route collection schedules (both residential and commercial) in such a way as to limit exposure to the school campus during those times that the buses are operating. Construction and Blocked Streets —WM is aware that at certain times of the year the City will do repair work in the areas we serve. When such obstacles occur, our supervisory staff will work with City staff to determine alternate places for the waste to be collected until the blockage is removed. Brush/Bulk Wastes Collection Option 1) Waste Management will offer weekly collection, at the curb, of bulky items such as large brush, appliances, furniture, etc. The amount of material to be collected as a part of the normal fee will be two cubic yards of either bulk material, or bundled brush material per week plus up to 6 lawn bags per week. Each additional bag can be collected for a fee of$75 per bag. Our basic weekly service under this option: 1) Pickup a sofa or chair on regular pickup day 2) Pickup a stacked pile of brush not to exceed 4 foot in length that is approximately 2 feet tall and about 2 feet deep. This brush will not have to be bundled; rather presented in such a manner as to allow the helper and driver to gather and lift the brush into the back of the vehicle safely. No diameter of wood should exceed 4" so that the weight will not exceed 50 pounds. Option 2) Waste Management will offer monthly collection, at the curb, of bulky items such as large brush, appliances, furniture, etc. The amount of material to be collected as a part of the normal fee will be eight cubic yards. If exceptions to the above occur, such as the driver approaching the home to find a large pile of brush that is not cut, nor stacked, to allow service, he will be instructed to leave a tag behind for the homeowner explaining the problem and offering two options. The homeowner can either cut the material down into the VU WASTE MANAGEMENT Proposal for City of Kennedale Residential&Commercial Collection Plan length and quantity outlined above, or they may call our office and arrange for a Special Collection (at a fee) as outlined below. In either situation, a tag will be left at the home so the resident will understand that there is a problem that needs resolution with some suggestions as to what to do next. Special Collection Waste Management can also provide curbside bulky item collection upon request by the customer. This provision will allow us to offer service, at an additional fee, for items that will require the use of lifting equipment. The fee for this service will be $75.00 per hour, plus the cost of disposal, with a one-hour minimum. An alternate offer can be made to the homeowner to place a roll-off container at the curb to allow the resident to place the items directly into the container as they are generated. Our Customer Service Representative in detail will discuss this type of service, and resulting charges, with the homeowner. Collection~ Operations- Solidi VV asp R d Commercial Collection Program Commercial customer waste surveys will be conducted and used to establish the commercial customer-billing database and routing system. The 4 information will be loaded into Waste r=_ = Management's computerized routing system that will determine the most efficient commercial waste collection and recycling routing. Eaci1 account will be visited by a trained professional representative to insure that the service levels that have been in place over the past years are still correct for each situation.........and that the best value has been presented to the customer where options are available. Due to the volume of containers that will be needed to transition from one contractor to another, our intention would be to bring the containers in to a central dispatch point and crews will load out vehicles from there. This will greatly expedite the placement of containers and not cause undue hardship to your commercial and industrial accounts. W WASTE MANAtIEMENI Proposal for City of Kennedale Residential &Commercial Collection Plan i M Okierations- Re(;.yc finq - 4, Ik'1 fS.f w' 7I WM is able to offer a curbside collection program to the residential accounts as well as commercial accounts (through an = _- additional specially designed dumpster container, or through the use of a �i fir` �� �. designated roll-off compactor for large industrial accounts). As this nation's largest recycling company, WM is in a unique position to offer the collection service, and to offer the education to residents needed to insure its success. At this time, WM will refrain from proposing a rate for this service as we feel an in-depth series of meetings needs to take place with Staff and elected officials to get a better understanding of your needs and desires. We offer collection using blue bags, recycling bins, and poly carts (32 and 66 gallon sizes) picked up weekly, bi-weekly, etc. If selected to be the City's vendor, our experts will meet the City officials to determine options and pricing for each of those options. WASTE MANAREM€NT Regular Items Item j. CITY OF KENNEDALE,TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 REGULAR ITEMS: ITEM NUMBER: IX-j MOTION: COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. 242 CARRIED Ofd FAILED FOLLOW UP: pa,&46y c,67,� CITY SECRETARY'S FOLLOW UP: R I STAFF REPORT TO CITY COUNCIL Date: November 8, 2007 Item: IX-j Subject: Consider approval of Resolution 242 , Election of Members of the Board of The Tarrant Appraisal District Purpose of the Resolution: The governing body of the City of Kennedale has been advised by the Chief Appraiser of Tarrant County Appraisal District that we are entitled to cast 6 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Dionne Bagsby John Clanton John T. Eubanks John Molyneaux Joe Potthoff The Kennedale Independent School District nominee is Harold Patterson. The Property Tax Code requires that votes be In an open meeting by resolution. Note: These nominations should be cast and returned to the Chief Appraiser by December 15, 2007 I Originated by: Disposition by Council Bob Hart City Manager RESOLUTION NO. 242 WHEREAS, the City of Kennedale cast 6 votes for Board of Director for the Tarrant Council Appraisal District including the Kennedale I.S.D.nominee; and WHEREAS, the Board of Directors are elected annually. The City Manager is hereby instructed to submit this ballot. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS HEREBY CAST THESE 6 VOTES AS FOLLOWS: Votes for Ms, Dionne Bagsby Votes for Mr.John Clanton Votes for Mr. John Eubanks Votes for Mr. John Molyneaux Votes for Mr.Harold Patterson Votes for Mr. Joe Pottoff PASSED AND APPROVED IN OPEN SESSION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS ON THIS 8TH DAY OF NOVEMBER,2007. MAYOR,BRYAN LANKHORST ATTEST: KATHY TURNER,CITY SECRETARY TARRANT APPRAISAL DISTRICT 2600 Handley-Ederville Road•Foil Worth,Texas 76118.6909® 817 284.0024 John R. Marshall Executivo pireolor Chral Apprtlser October 18, 2007 Mr. Bob Hart City Manager City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Dear Mr. Hart: The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2007. The deadline for nominations has passed. Enclosed is a list of nominees for these five(5) positions and an official ballot. The Property Tax Code requires that votes be in an open meeting by resolution. All votes may be cast for one candidate or distributed among any number of candidates listed on the official ballot. There is NO provision for write in candidates. Votes cast for someone other than the candidates listed on the ballot cannot be counted. The deadline for voting is December 14 2007. You may mail the ballot/resolution or fax to (817) 595-6198. The five (5) candidates receiving the most votes are elected to a two (2) year term beginning January 1, 2008. All tax units will be notified of the results of the election before December 31, 2007. S'n rely, J hn R, Marshall xecutive Director Chief Appraiser JRM:mm Encl. Board of Directors Tarrant Appraisal District 2006 - 2007 Joe Potthoff, Chairman John Clanton, Secretary John Eubanks, Member John Molyneaux, Member Harold Patterson, Member Betsy Price, Non-Voting Member Nominations for Board of Directors 2008 — 2009 Term Ms. Dionne Bagsby Tarrant County Mr. John Clanton City of Euless Hurst-Euless-Bedford I.S.D. Tarrant County Mr. John Eubanks City of Burleson City of Euless City of Colleyville Tarrant County Mr. John Molyneaux Fort Worth I.S.D. City of Fort Worth Mr. Harold Patterson Kennedale I.S.D. 'j Arlington I.S.D. Tarrant County Town of Pantego Mr. Joe Potthoff Tarrant County Town. of Pantego TARRANT APPRAISAL DISTRICT 2007 CALCULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS Per Section 6.03(d)of Texas Property Tax Code Based an September,2006 Taxes Imposed and Per HB 1010 2006 TAXES %OF 2007 TAXING ENTITY IMPOS 12 TOTAL VOTES SCHOOLS: Aledo $ 739,996 0.02933% 1 Arlington $ 304,980,771 12.08699% 604 Azle $ 15,393,465 0.61007% 31 B€rdville $ 103,158,582 4.08838% 204 Burleson $ 11,491,333 0.45542% 23 Carroll $ 77,953,222 3108944% 154 Castleberry $ 6,498,761 0.25756% 13 Crowley $ 64,304,237 2.54850% 127 Eagle Mountain/Saginaw $ 75,850,619 3.00611% 150 Everman $ 19,772,973 0.46659% 23 Fort Worth $ 326,346,536 12.93376% 647 Godley $ 372,334 0,01476% 1 Grapevine/Colleyville $ 141,657,868 5,61418% 281 Hurst/Euless/Bedford $ 123,652,809 4.90060% 245 Keller $ 135,079,250 5.35346% 266 Kennedale $ 14,104,290 0.55898% 28 Lake Worth $ 10,807,740 0.42833% 21 Lewisville $ 1,296,470 0.05138% 3 Mansfield $ 111,369,605 4.41380% 221 Northwest $ 49,179,822 1.94909% 97 White Settlement $ 19,975,580 0.79167% 40 TOTAL SCHOOLS $ 11605,986,263 63.64840% 3,182 CITIES: Arlington $ 108,708,584 4.30834% 215 Azle $ 3,716,284 0.14728% 7 Bedford $ 12,937,506 0.51274% 26 Benbrook $ 8,413,927 0.33346% 17 Blue Mound $ 422,576 0.01675% 1 Burleson $ 2,499,215 0.09905% 5 Colleyville $ 10,724,534 0.42503% 21 Crowley $ 3,115,725 0.12348% 6 Dalworthington Gardens $ 718,858 0.02849% 1 Edgecliff Village $ 499,828 0.01981% 1 Euless $ 12,040,187 0.47718% 24 Everman $ 1,229,405 0.04841% 2 Flower Mound $ 359,270 0.014240/. 1 Forest Hill $ 3,568,413 0.14142% 7 Fort Worth $ 288,372,276 11.42876% 571 Grand Prairie $ 25,564,967 1.01319% 51 Grapevine $ 19,093,426 0.75671"/ 38 Haltom City $ 8,715,610 0.34542% 17 Haslet $ 1,264,449 0.05011% 3 Hurst $ 11,430,620 0.45302% 23 Keller $ 13,852,850 0.54902% 27 Kennedale $ 2,826,220 0.41201% 6 Lakeside $ 255,182 0.01011% 1 Lake Worth $ 1,125,207 0.04459% 2 Mansfield $ 23,966,984 0.94986% 47 North Richland Hills $ 22,875,187 0.90659% 45 Pantego $ 893,992 0.03543% 2 Pelican Bay $ 224,484 0.00890% 0 Reno $ 21,853 0.00087% 0 Richland Bills $ 1,827,882 0.07244% 4 River Oaks $ 1,703,911 0.06753%n 3 Roanoke $ 192,118 0.00761% 0 Saginaw $ 5,081,635 0.20140% 10 Sansom Park $ 488,241 0.01935% 1 Southlake $ 19,603,697 0.77693% 39 Trophy Club $ 290,317 0.01151% 1 Watauga $ 5,829,457 0.23103% 12 Westover Hills $ 1,395,424 0.05530% 3 Westworth Village $ 438,350 0.01737% 1 White Settlement $ 3,287,417 0.13029% 7 TOTAL CITIES $ 629,568,068 24.9 1,248 OTHER: Tarrant County $ 287,661,072 11.40058% 570 TOTAL OTHER $ 287,661,072 11.40058% TOTAL ALL $ 2,523,215,409 100-A 57000 OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Kennedale having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 6 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District; Dionne Bagsby John Clanton John T. Eubanks John Molyneaux Harold Patterson Joe Potthoff do hereby resolve and order that City of Kennedale cast and does hereby cast its votes as follows: votes for votes for votes for votes for votes for Passed this day of 12007 Presiding Officer ATTEST Secretary or Clerk, City of Kennedale IMPORTANT; This ballot should be returned by December 15, 2007 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118 Regular Items Item k. CITY OF KENNEDALE,TEXAS j OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: NOVEMBER 8,2007 i REGULAR ITEMS: ITEM NUMBER: IX-k MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN/ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCEIRESOLUTION NO. 383 CARRIED FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: Lb oms STAFF REPORT TO CITY COUNCIL Date: November 2, 2007 Item: IX-k Abject: Review and consider approval of Ordinance No. 3$3- Contract renewal for Atmos Franchise Agreement The Franchise Agreement between the City of Kennedale and Atmos Energy has expired and needs to be renewed. This agreement gives Atmos access and use of the city's right-of-way. The franchise fees collected go to a special revenue fun dedicated to the streets and public right-of-way. This ordinance is being reviewed by legal council and will be provided. The staff recommends approval of this ordinance. Thank you i 4 Originated by: Disposition by Council Bob Hart City Manager ORDINANCE NO. AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION,A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF KENNEDALE, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHT-OF-WAY; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF CERTAIN OTHER FEES AND CHARGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. GRANT OF AUTHORITY. (A) That the City hereby grants to Grantee consent to use and occupy, subject to the terms hereof, the Public Right-of-Way, for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment to deliver, transport and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, as such limits may be amended from time to time during the term of this Franchise. (B) The provisions set forth in this ordinance represent the terms and conditions under which Grantee shall construct, operate, and maintain its System facilities within the City. Grantee, by its acceptance of this Franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time. (C) This Franchise does not grant to the Grantee the right, privilege or authority to engage in any other activities within the City other than those set forth in Section 1A). SECTION 2. DEFINITIONS. For the purpose of this Franchise, the following words and phrases shall have meaning given in this section. When not inconsistent with the context, words used in the present tense include future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this section shall be given their common and ordinary meaning. (11-07-07) Page I "Affiliate" means any entity controlling, controlled by-or under common control with the entity in question. As used in this definition, the term "control" means, with respect to an entity that is a corporation, the ownership, directly or indirectly, of more than 50% of the voting securities of such entity or, with respect to an entity that is not a corporation, the power to direct the management or policies of such entity, whether by operation of law, by contract or otherwise. "City" means the municipal corporation designated as the City of Kennedale and includes the territory as currently is or may in the future be included within the boundaries of the City, with its principal office at 405 Municipal Drive, Kennedale, Texas 76060. "Franchise" or "Agreement means the rights and obligations of the City and the Grantee set forth in this Franchise ordinance, as the same may be amended from time to time, and includes those rights and duties provided under the laws of Texas and of the United States. "Gas" means such gaseous fuels as natural, artificial, synthetic, liquefied natural gas, liquefied petroleum, manufactured, or any mixture thereof. "Gas Distribution Facilities" means that portion of the Grantee's Gas system which is used or useful for delivering Gas from the outlet of the regulator station at the City Gates to the point-of-delivery of the Residents, including all devices connected to that system. "Grantee" means Atmos Energy Corporation, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest. "Gross Revenues" means all revenue derived or received, directly or indirectly, by the Grantee from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (A) all revenues received by the Grantee from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale of gas to its customers within City) within the City; (B) all revenues received by the Grantee from the transportation of gas through the pipeline system of Grantee within the City to customers located within the City (excluding any gas transported to another gas utility in City for the sale of gas to its customers within City); (C) the value of gas transported by Grantee for transport customers through the System of Grantee within the City ("Third Party Sales"), (excluding the value of any gas transported to another gas utility in City which has executed a franchise agreement with the City for the sale of gas to its customers within City), with the value of such gas to be established by utilizing Grantee's monthly weighted average cost of gas charged to industrial customers in the Mid-Tex division, as reasonably as is possible near the time as the transportation service is performed; and (D) "Gross revenues" shall include: (11-07-07) Page 2 (1) other revenues derived from the following `miscellaneous charges: (a) charges to connect, disconnect, or reconnect gas within the City; (b) charges to handle returned checks from consumers within the City; (c) such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and (d) contributions in aid of construction" ("CIAC"); (2) revenues billed but not ultimately collected or received by the Grantee; and (3) gross receipts fees. (E) "Gross revenues" shall not include: (1) the revenue of any person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Grantee; (2) sales taxes; and (3) any interest income earned by the Grantee; and (4) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the Public Right-of-Way. "Public Right-of-Way" means the public streets, medians, boulevards, roads, lanes, alleys, viaducts, and bridges across water ways that are deeded or dedicated to the City and are available for Grantee's use. "Railroad Commission" means the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Railroad Commission. "Residents" means all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by the Grantee hereunder. "System" and/ or "System facilities" means all of the Grantee's pipes, pipelines, gas mains, laterals, feeders, regulators, meters, fixtures, connections or other appurtenant equipment used in or incident to providing delivery, transportation, distribution, and sales of natural gas for heating, lighting and power. SECTION 3. USE OF RIGHT-OF-WAY. (11-07-07) Page 3 (A) The grant to Grantee in Section 1 is subject to the terms and conditions contained herein, the Texas Constitution, the City's Ordinances, all as amended, and subject to applicable and controlling local, state and federal laws, including the rules and regulations of any and all agencies thereof, whether presently in force or whether enacted or adopted at any time in the future. This franchise agreement shall in no way affect or impair the rights, obligations or remedies of the parties under the Texas Public Utility Regulatory Act, other state or federal law or the Texas Constitution. Nothing herein shall be deemed a waiver, release or relinquishment of either party's right to contest; appeal, or file suit with respect to any action or decision of the other party, including ordinances adopted by the City, that Grantee believes is in violation of any federal, state, or local law or regulation. (B) Grantee shall provide reasonable notice to the City of planned work within the Public Right-of-Way and shall, except in cases of emergency conditions or unless otherwise allowed by the City's right-of-way maintenance ordinance, obtain a permit, if required by the City's ordinances, before commencing work. If so required, Grantee shall comply with permitting requirements that do not conflict with this Ordinance; provided however Grantee shall not be required to pay fees related to its use of the public right-of-way other than in accordance with Section 7 hereof. (C) The location of all pipes, mains, laterals, and other equipment shall be subject to approval by the City Manager prior to construction; provided however, said approval shall not be unreasonably withheld, In the event of a conflict between the location of the facilities of Grantee and the location of the facilities of City or other utility franchisees within the Public Right-of- Way that cannot be resolved, the City Manager shall resolve the conflict and determine the location of the respective facilities, Grantee shall not interfere with power, telephone, cable or water facilities, sanitary or storm sewer facilities or other municipal or public use of the Public Right-of-Way. Grantee has the right to request City Council review of any actions concerning Grantee's use of the Public Right-of-Way. (D) The Grantee shall construct, maintain and operate its System facilities in a manner which provides reasonable protection against injury or damage to persons or property, (E) When the Grantee is required by City to remove or relocate its mains, laterals, and other facilities to accommodate construction of streets and alleys by City, and Grantee is eligible under Federal, State, County, City or other local agencies or programs for reimbursement of costs and expenses incurred by Grantee as a result of such removal or relocation, and such reimbursement is required to be handled through City, the City shall include Grantee costs and expenses in any application by City for reimbursement, if Grantee submits a request together with its cost and expense documentation to City a reasonable time prior to the filing of the application. City shall provide reasonable notice to Grantee of the deadline for Grantee to submit documentation of the costs and expenses of such relocation to City. Except for relocation required by Subsection (F) hereof, when Grantee is required to remove or relocate any System facility without reimbursement, Grantee shall have the right to seek recovery of relocation costs as provided for in the Texas Utilities Code, §144.112 or its successor statute. (11-07-07) Page 4 (F) City may request Grantee to relocate any part of its System facilities installed or maintained in the Public Right-of-Way to accommodate construction or improvement of a highway, road, street, public way or other public work which is not undertaken primarily for beautification. Grantee shall be responsible for bearing the costs of such relocation to the extent permitted by local, state or federal law. Such relocation shall be made by the Grantee at its expense within a reasonable period of time not to exceed 60 days after notice of request from City unless otherwise specifically agreed to by the City. Should Grantee submit evidence that it 1 is unable to complete the relocation within said time due to no fault of Grantee, the City Manager may agree with Grantee to extend such time. (G) Following relocation, Grantee shall repair, according to City specifications, clean up, and restore to the condition it was in before being disturbed, all Public Right-of-Way disturbed during the construction and repair of its System at its expense. (H) The installation and replacement of any System facilities in Public Right-of-Way by the Grantee shall be subject to inspection and approval by the City. The repair and maintenance of any System Facilities in Public Right-of-way by the Grantee shall be subject to inspection by the City. The Grantee agrees to cooperate fully with the City in conducting the inspection. Such inspections shall be conducted within a reasonable time after completion of the project. The Grantee shall promptly perform reasonable remedial action required by the City pursuant to such an inspection. (I) The City reserves the right to lay and permit to be laid, power, sewer, Gas, water, and other pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the City in, across, along, over and under any Public Right-of-Way occupied by Grantee, and to change any curb or sidewalk or the grade of any street. SECTION 4. INDEMNIFICATION AND INSURANCE. (A) IN CONSIDERATION OF THE GRANTING OF THIS FRANCHISE, GRANTEE AGREES TO INDEMNIFY AND KEEP HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (THE "INDEMNITEES") FROM AND AGAINST ALL SUITS, ACTIONS, LIABILITY, OR CLAIMS OF INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO, OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF, OR OCCASIONED BY GRANTEE'S INTENTIONAL AND/OR NEGLIGENT ACTS OR OMISSIONS IN CONNECTION WITH GRANTEE'S OPERATIONS; THIS INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE CITY, ITS AGENTS, OFFICERS OR EMPLOYEES WERE NEGLIGENT. (B) IT IS THE INTENT OF THE PARTIES BY AGREEMENT TO THIS SECTION 4 THAT IF A CLAIM IS MADE IN ANY FORUM AGAINST INDEMNITEES (11-07-07) Page 5 FOR ANY OF THE REASONS REFERRED TO IN SECTION 4(A), AND UPON RESOLUTION OF THE CLAIM: (1) THERE IS NO FINDING BY A COURT OF COMPETENT JURISDICTION THAT INDEMNITEES WERE NEGLIGENT IN CONNECTION WITH ANY OF THE REASONS REFERRED TO IN SECTION 4(A), GRANTEE SHALL HOLD INDEMNITEES HARMLESS AND INDEMNIFY THEM FOR ANY DAMAGE, LOSS, EXPENSE, OR LIABILITY RESULTING FROM THE CLAIM, INCLUDING ALL REASONABLE ATTORNEY'S FEES, COSTS,AND PENALTIES INCURRED; OR (2) THERE IS A FINDING BY A COURT OF COMPETENT JURISDICTION THAT GRANTEE AND INDEMNITEE WERE BOTH NEGLIGENT IN CONNECTION WITH ANY OF THE REASONS REFERRED TO IN SECTION 4, INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. (C) This section does not waive any governmental immunity available to the City under Texas law. This section is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the Grantee and the City. (D) If any action, suit or proceeding is brought against the City, its agents and employees, upon any claim arising out of Grantee's operations, City shall give notice in writing to Grantee by registered or certified mail. The City agrees to reasonably cooperate with Grantee in connection with such defense. (E) Promptly after receipt by an Indemnitee of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Section 4(A)hereof may apply, the Indemnitee shall notify the Grantee in writing of such fact. Grantee shall assume the defense thereof with counsel designated by Grantee and reasonably satisfactory to the Indemnitee. (F) Should an Indemnitee be entitled to indemnification under this Section(4) hereof as a result of a claim by a third party, and Grantee fails to assume the defense of such claim, the Indemnitee will, at the expense of Grantee, contest (or, with the prior written consent of Grantee, settle) such third party claim. (G) Grantee shall maintain the following insurance coverages, or a plan of self insurance which maintains substantially the same coverages, throughout the term of this Franchise: (1) Commercial general or excess liability on an occurrence basis with minimum limits of five million dollars ($5,000,000.00). This coverage shall include the following: (a) Completed operations to be maintained for one(1)year. (b) Personal and advertising injury. (c) Contractual liability (11-07-07) Page 6 (d) Explosion,collapse, or underground(XCU)hazards. (2) Automobile liability coverage with a minimum policy limit of one million dollars($1,000,000.00)per occurrence. This coverage shall include all owned,hired and non-owned a automobiles. (3) Pollution liability insurance, with a minimum coverage of$10,000,000 per occurrence shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall provide coverage for clean up costs. (4) Worker's compensation insurance and employee's liability coverage meeting applicable state statutory requirements. (I) Prior to commencement of operations pursuant to this Agreement, the Grantee shall furnish the City with proof of insurance. (1) Insurance may be in the form of self-insurance, so long as the coverages and endorsements provided herein are maintained, to the extent permitted by applicable law, under an approved formal plan of self-insurance maintained by Grantee in accordance with sound accounting and risk management practices. If Grantee has a self-insurance plan, it will require its self-insurance to respond and provide coverage for the City to the same extent as if the City, its officers and employees were additional insureds and shall waive subrogation rights against the City in connection with damages or losses covered by the policies or plan. The insurance policies or plan of self insurance shall provide that Grantee's insurance is primary and noncontributory. (3) The obligations provided for in this Section apply to any of Grantee's contractors, whether now or hereafter in effect, under the terms of which any such contractors will work in City's Right-of-Way. SECTION 5. GAS SERVICE. (A) Grantee shall be required to extend distribution mains in any Public Right-of-Way up to one hundred feet(100) for any one residential customer only if such customer, at a minimum, uses gas for unsupplemented space heating and water heating. Grantee shall not be required to extend transmission mains in any Public Right-of-Way within City or to make a tap on any transmission main within City unless Grantee agrees to such extension by a written agreement between Grantee and a customer. (B) Grantee shall keep and maintain its books, records, contracts, accounts, documents and papers in any way related to this franchise ordinance and shall make them available for inspection by City officials and employees upon reasonable notice. (C) The Grantee shall install, repair, maintain and replace its Facilities in a good and workmanlike manner. (11-07-07) Page 7 (D) Grantee shall take such measures which will result in its Facilities meeting the standards required by applicable federal, state and environmental laws. SECTION 6. NON-EXCLUSIVE FRANCHISE. The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting, delivering, distributing, or selling gas to and for City and the inhabitants thereof. SECTION 7. CONSIDERATION AND METHOD OF PAYMENT. (A) Grantee shall pay City on or before the 15th day of February, 2008, and on or before the same day of each succeeding year during the term of this franchise four percent (4%) of the Gross Revenues received by Grantee during the preceding calendar year. Grantee's initial payment on the 15th day of February, 2008, shall be for the right of the franchise for the period from January 1, 2008 through December 31, 2008. (B) The franchise fee amounts based on Contributions in Aid of Construction (CIAC) shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30, each year based on the total CIAC recorded during the preceding calendar year. The initial CIAC franchise fee payment under this ordinance shall be due on or before April 30, 2008, and will be based on CIAC revenues for the year January 1, 2007 through December 31, 2007. The final CIAC franchise fee payment shall be due on April 30, 2018, and shall be based upon the CIAO revenues for the calendar year 2017. (C) Grantee agrees that at the time of each payment, Grantee shall also submit to the City a statement showing its Gross Revenues for the preceding calendar year from the sale of gas to its customers, including but not limited to residential, commercial, and industrial customers, within said corporate limits, including the amount of revenues received by Grantee for the transportation of gas. City shall be entitled to treat such statement as though it were sworn and signed by an office of Grantee. (D) City may, if it sees fit, upon reasonable notice to the Grantee, have the books and records of Company examined by a representative of City to ascertain the correctness of the reports agreed to be filed herein. The Grantee shall make available to the auditor such personnel and records as the City may in its reasonable discretion request in order to complete such audit,and shall make no charge to the City therefore. The Grantee shall assist the City in its review by providing all requested information no later than fifteen(1 5) days after receipt of a request. The cost of the audit shall be borne by the City unless the audit discloses that the Grantee has underpaid the franchise fee by 10% or more, in which case the reasonable costs of the audit shall be reimbursed to the City by the Grantee. If such an examination reveals that Grantee has underpaid the City, then upon receipt of written notification from City regarding the existence of such underpayment, Grantee shall undertake a review of the City's claim and if said underpayment is confirmed, remit the amount of (11-07-07) Page 8 F underpayment to City. Should Grantee determine through examination of its books and records that City has been overpaid,upon receipt of written notification from Grantee regarding the existence of such overpayment, City shall review Grantee's claim and if said overpayment is confirmed, remit the amount of overpayment to Grantee. (11-07-07) Page 9 SECTION 8. OTHER TAXES. (A) It is expressly agreed that the aforesaid payments shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges, municipal license,permit and inspection fees, bonds, street taxes, and street or alley rentals or charges except as provided in this section. Payment of the fees and other consideration due hereunder by the Grantee is not accepted by the City in lieu of any reimbursement of regulatory costs,payment of taxes that are uniform and generally applicable to other persons conducting business or ad valorem taxes within the City, such as property, sales and use taxes or the costs to repair damages to the Public Right-of-way or to indemnify the City as required herein. If the City does not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges as aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Grantee's obligations, if any,to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges as aforesaid. (B) Payment of the fees and other consideration due hereunder shall not in any way limit or inhibit any of the privileges of the City whether under this Franchise ordinance or otherwise. SECTION 9. TERM. This franchise shall begin at May 21, 2007 and expire at midnight on December 31, 2017. The last Franchise Fee payment required by Section 7(A)shall be due on February 15, 2017 and the last payment for CIAO required by Section 7(B) shall be due on April 30, 2018. SECTION 10. OTHER FRANCHISES; RENEGOTIATION. (A) If Grantee should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, as it exists on the effective date of this Agreement, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its Public Right-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by Atmos Energy to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (B) The provisions of Subsection (A) apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. (C) If either City or Company requests renegotiation of any term of this Ordinance, Company and City agree to renegotiate in good faith revisions to any and all terms of this Ordinance. If the parties cannot come to agreement upon any provisions being renegotiated, then (11-07-07) Page t0 the existing provisions of this Ordinance will continue in effect for the remaining term of the Franchise. SECTION 11. CITY RULES AND REGULATION, DOCUMENTS AND REPORTS; AUDIT _ .�^ (A) The City expressly reserves, and the Grantee expressly recognizes, the City's right and duty to adopt, from time to time, in addition to the provisions herein contained, such cost of service, cost of Gas, charter provisions, ordinances, rules and regulations as the City deems necessary. (B) Grantee shall file with the City, those documents required by law to be filed with the City, and otherwise, upon City's request, all tariffs, rules, regulations and policies under consideration with the Railroad Commission relating to the facilities and operations, any matters relating to the System facilities and operations, any matters affecting the use of Public Right-of- Way or this Franchise. Upon request, the Grantee shall provide the City with a copy of filings it makes with the Railroad Commission affecting the same. In addition, upon request, the Grantee will provide the City copies of the Grantee's most recent annual report, all petitions, communication reports, advice letters, audits, complaints and applications together with supporting pre-filed testimony and exhibits filed by the Grantee or third parties with the Railroad Commission. SECTION 12. DEFAULT,REMEDIES,TERMINATION. (A) In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City reserves the right to forfeit and terminate the Franchise and all rights and privileges of the Grantee hereunder in the event of a breach of its terms and conditions. A breach by Grantee shall include,but shall not be limited to,the following: (1) Violation of any provision of the Franchise or any rule, order, regulation or determination of the City made pursuant to the Franchise; (2) Attempt to evade any provision of the Franchise or to practice any fraud or deceit upon the City or its Residents; (3) Failure to begin or complete Gas facility construction and/or extension as agreed to with the City; (4) Failure to provide the services set forth in the Franchise; or (5) Material misrepresentation of fact in the application for or negotiation of the Franchise. (B) The foregoing shall not constitute a breach if the violation occurs without fault of the Grantee or occurs as a result of circumstances beyond its control which could not have been avoided 1 (11-07-07) Page I1 as a result of the exercise of reasonable care. Grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors,officers or employees. (C) The City may make a written demand that the Grantee comply with any such provision, rule, order, or determination under or pursuant to this Franchise. If the violation by the Grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may take under consideration the issue of termination of the Franchise. (D) If Grantee does not cure the default within such time frame,City shall notify Grantee in writing of its right to have a hearing before the City Council to present any objections or defenses Grantee may have that are relevant to the proposed termination, The notice shall specify a hearing date which shall be at least 30 days from the date of the notice. After such hearing, the City may determine whether to continue or to terminate the franchise. The final decision of the City Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Grantee of the City Council's decision terminating the franchise, the effective date of such termination shall be either when such appeal is withdrawn or a court order upholding the termination becomes final and unappealable, and until the termination becomes effective, the provisions of this franchise shall remain in effect for all purposes. (E) Notwithstanding the foregoing, the rights and remedies of City set forth in this section shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. City and Grantee understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by City of any one or more of such remedies shall not preclude the exercise by City, at the same or different times, of any other such remedies for the same breach of this agreement. (F) The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's fees pursuant to Section 271.159 of the Texas Local Government Code. SECTION 13. MISCELLANEOUS PROVISIONS. (A) This Franchise is made for the exclusive benefit of the City and the Grantee, and nothing herein is intended to, or shall confer any right,claim, or benefit in favor of any third party. (B) No assignment or transfer of this franchise shall be made, in whole or in part, without approval of the City Council of the City; provided however that Grantee may assign this Agreement to an Affiliate without the City's consent, upon 30 days' notice to the City. The City will grant such approval unless withheld for good cause such as the failure of the proposed assignee or transferee to (1) cure any breaches of this Agreement, if any, or to provide reasonable assurances that any such breach will be cured; and/or (2) provide assurances reasonably satisfactory to the Council of its qualifications, business plan and financial wherewithal to assume the performance of the obligations under this Agreement. Upon approval, the rights, privileges, and franchise herein granted to the Grantee shall extend to and include its successors and assigns. The assignment shall (11-07-07) Page I2 not become effective until assignee agrees in writing to be bound by the terms, conditions, provisions,requirements and agreements contained in this franchise. (C) Any notices required or desired to be given fiom one party to the other party to this ordinance shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set in the preamble hereof; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. (D) Nothing herein contained shall limit or restrict any legal rights that the City may possess arising from any alleged violation of this Franchise. (E) Neither the City nor the Grantee shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employers, or agents, upon any one or more occasions to insist upon or seek compliance with any such terms and conditions. (F) The paragraph headings contained in this ordinance are for convenience only and shall in no way enlarge or limit the scope or meaning of the various paragraphs hereof. Both parties have participated in the preparation of this Ordinance and this Ordinance shall not be construed either more or less strongly against or for either party. (G) This Ordinance shall be governed by the laws of the State of Texas. Nothing in this Agreement shall prohibit the City from filing an action related to this Agreement in Parker County, Texas. In no event shall venue in a proceeding relating to this Agreement take place outside the State of Texas. SECTION 14. ACCEPTANCE AND EFFECTIVE DATE. To accept this Franchise, Grantee must file with the City Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by City. If such written acceptance of this franchise ordinance is not filed by Grantee, the franchise ordinance shall be rendered null and void. If Grantee accepts this ordinance, this ordinance shall become effective on May 21, 2007. When this ordinance becomes effective, all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy shall be cancelled; provided however, that the City does not waive any rights or claims which have accrued under prior franchises. PASSED AND APPROVED this the day of , 2007. (t1-47-07) Page 13 MAYOR, CITY OF KENNEDALE ATTEST; CITY SECRETARY,CITY OF KENNEDALE (11-07-07) Page 14 Executive Session S I i STAFF REPORT TO MA YOR AND COUNCIL Date: October 31,2007 Item No.X Subject: Executive Session. i 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;regulation of sexually oriented businesses;and litigation,settlement offers,and/or claims regarding the following matters: 1. H&A Land Corporation,dWa Showtime Cabaret v.City of Kennedale;Cause No.402-CV-0458-Y(Dreamer's) 2. City of Kennedale v.Log Cabin;Cause No.342-218988-06. 3. Triple X Sign Litigation. 4. Zoning Case at 6901 Mansfield Cardinal Road. b. The City Council will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment,employment,evaluation,reassignment, duties,discipline,or dismissal of a public officer or employee. 1. KEDC personnel c. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase,exchange, lease,or value of real property—Oak Crest Addition,Lots 4, 5 and 20, Block 7. Originated by Kathy Turner,City Secretary Disposition by Council: Executive Session Action Items Item a. STAFF REPORT TO MAYQR AND COUNCIL Date: October 31, 2007 Items: XI-a Subject: Review and consider settlement agreement with Log Cabin. Originated by: Kathy Turner,City Secretary Disposition by Council: Executive Session .......... ---------- Action Items Item b. - STAFF REPOR T TO MA YOR AND CO UNCIL Date: October 31,2007 Items: XI-b Subject: Review and consider appointments/re- appointments to the Kennedale Economic Development Corporation. This item was brought before City Council in October 2007. In regards to the appointment/re- appointment of Place 1, Councilmember Nowell requested discussion in executive session. It was noted that executive session did not include a posting for this discussion; therefore appointment was withheld. At the time Rob Morris held Place 1. Place 1 is a two year term that expired September 2007 and is currently vacant due to no appointment/re-appointment. In addition, Wayne Wooten holds Place 6 and has recently submitted his resignation due to current work obligations. Place 6 will expire September 2008. A notice was placed in the November City newsletter to assist with recruitment of applications. Two have been received and are attached for your review. Recommend Council reviews applications and make a determination on appointments/re- appointments. Place I will require an appointment for a two year term to expire September 2009. Place 6 will require an appointment to fill the unexpired term, which expires September 2008. Originated by: Kathy Turner,City Secretary Disposition by Council: CITY ; of KE/VA�FDALt 405 Municipal Drive,Kennedale,Texas 76060 BOARD/COMMISSION CANDIDATE DATASHEET Check all Board and Commissions of Interest and rank order of interest from 1 to 6: ❑ Park Board ❑ Board of Adjustment ❑ Planning&Zoning ❑ Building Board of Appeals ❑ Library Advisory Board Economic Development Board Name: D +a t4 4,01 Age(Optional): ,�cl Horne Address: ( CT . Horne Phone: �A'i-1-E -2 k--4 'i 3 6 Business/Cell Phone: eft 7- 9Z5-- Business Address:__j a/G, 6 o L o n oil ( r Resident of City for Years Voter Registration No.: Occupation: r Ce Education:_ Special Knowledge or Experience Applicable to City Board or Commission Function: ❑ Ba lg/Finance ❑ Business Development uilding/Construction ❑ Promotion/Marketing ❑ Real Estate/Development ❑ Manufacturing/Industi•ial Operations ❑ Industrial Training ❑ Law/Contract Administration Other information(Civic Activities, etc.): I have attended one or more meetings of the board or cornniission for wltiic ha a lied; ❑ Yes No PP Date; 6�2-31—CJ, Signature: RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE, City of Kennedale,405 Municipal Drive,Kennedale,Texas 76060 Phone: (817)483-1296 Fax: (817)483-0133 E-mail: kturner @cityofkennedale.com STAFF REPORT TO MAYOR AND COUNCIL Date: October 6,2007 Item: IV Subject: Presentation(s) IV. Presentation(s) (a) Mayor Lankhorst will present a Proclamation declaring Municipal Court Week. h Originated by Kathy Turner,City Secretary Disposition by Council: Visitor/Citizens Forum f STAFF REPORT TO MA YOR AND COUNCIL Date: October 6, 2007 Item: V. Subject: Visitor/Citizens Forum V. VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda May-speak to the Council, provided that a"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 Presiding Officer rather than individual Councilmembers or staff. All speakers must limit their comments to the subject matter as listed on the"Speaker's Request Form." No formal action can be taken on these items. Originated by Kathy Turner,City Secretary Disposition by Council: CITY OF KE/VNE©ALE 405 Municipal Drive,Kennedale,Texas 76060 r VISITOR/CITIZENS SPEAKER REQUEST FORM W E L C O M E If you wish to address the City Council, a Speaker's Card must be filled out and given to the City Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Mayor may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the City Council. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual Councilmembers or Staff. All speakers must limit their comments to the subject matter as listed on your request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION APPEARANCE BEFORE CITY COUNCIL DATE: ) 0 - 11 - (O .-� Name of Speaker: LIZ ( C- F-7 Lf) Address: Z)L I P1 gQL 1 1 LtL- LL'A-I'honc: (5J) 'JTUS- )C/ 75- Subject: �` ���o I k, i Has this subject been discussed with any member or administrative staff? Yes ❑No If yes, please list name and date: `n�� � �� 7 Speaking in Favor: ❑ For ❑Against Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals present in Council Chamber. Speakers must address their comments to the Presiding Officer rather than individual Councilmembers or Staff. All speakers must limit his/her comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. Reports/Announcements STAFF REPORT TO MAYOR AND COUNCIL Date: October 6,2007 Item: VI. Subject: Reports/Announcements. a. City Manager b. City Council C. Mayor Originated by Kathy Turner,City Secretary Disposition by Council: f Public HearingS. STAFF REPORT TO MA YOR AND COUNCIL Date: September 5,2007 Items: V11 a-b Subject: Public Hearing(s) City Council will receive citizen's comments on the following matter: a. To receive citizens comments regarding Case#PZ 07-04, a request for re-plat of 2.358 acres with the proposed legal description being Lot IRA and 1RB, Block A of the Lilly Estates Addition in the City of Kennedale,Tarrant County, Texas. The property's current legal description is Lot 1,Block A of the Lilly Estates Addition located at 320 N Little School Road as requested by James and Sandra Dailey. b. To receive citizens comments regarding Case#PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24,Block 4 of the Oak Crest Addition in the City of Kennedale,Tarrant County, Texas. The address is 5417 High Ridge Road. The zoning at the present time is"C-I"(Restricted Commercial)and is proposed to rezone to"MH" (Manufactured Horne)as requested by Robert C. Moren,Jr. Originated by Kathy Turner, City Secretary Disposition by Council: i A5N9V,5ale 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARING VII - � SIGN-IN FORM SUBJECT: To receive citizen's comments regarding Case #PZ 07-05, a request for rezoning of 0.3696 acres with the legal description being Lot 24, Block 4 of the Oak Crest Addition in the City of Kennedale, Texas, Tarrant County. The address is 5417 High Ridge Road. The zoning at the present time is "G1" (Restricted Commercial) and is proposed to rezone to "MH" (Manufactured Home)as requested by Robert C. Moren Jr. 1. NAME: ADDRESS: (p c) Ale ZIP 7G a PHONE NUMBER: Y/ Z/ (f_3 7( !� 2. I HEREBY ❑ WISH TO ADDRESS COUNCIL. 61)1 Y C/^P ❑ DO NOT WISH TO ADDRESS COUNCIL,BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING❑FOR ❑AGAINST CASE#PZ 07-05. 4. IN REGISTERING, I REPRESENT: ❑ MYSELF Q THE FOLLOWING PERSONS, FIRMS,CORPORATIONS,CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: October II 2007