2019_06.20 CC Packet
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING | JUNE 20, 2019
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
NOTE: Pursuant to Texas Government Code §551.071, the City Council reserves the right to adjourn into
Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive
Session items or to seek legal advice from the City Attorney on any item posted on the agenda.
II. WORK SESSION
A. Discussion of policy regarding residential outdoor storage
B. Discussion of policy regarding short-term rentals
C. Discussion of items on the regular agenda
III. REGULAR SESSION
IV. ROLL CALL
V. INVOCATION
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
“Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisib le."
VII. VISITOR AND CITIZEN FORUM
At this time, any person may address the City Council, provided that a ‘Speaker’s Request Form’ is submitted to the
City Secretary before the meeting begins. Speakers are allotted three (3) minutes, must limit their comments to the
subject indicated on the submitted form, and should address the Council as a whole, rather than individual
Councilmembers or staff. No formal action or discussion may be taken at this time. Those wishing to speak about an
agenda item should indicate as much on the “Speaker’s Request Form” and will be called upon to speak when the
Council considers that item.
VIII. REPORTS AND ANNOUNCEMENTS
In addition to any items listed below, the Mayor and Councilmembers may give or receive reports r egarding items of
community interest, including, but not limited to, recognition of officials, citizens, staff, or departments; information
regarding holiday schedules; and upcoming or attended events.
A. Updates from the City Council
B. Updates from the City Manager
C. Updates from the Mayor
IX. INCIDENTAL ITEMS
X. MONITORING INFORMATION
A. Monthly Financials for May 2019
B. KEDC Financial Report for April 2019
XI. REQUIRED APPROVAL ITEMS (CONSENT)
Consent items are matters that have appeared on previous agendas, require little or no deliberation, or are
considered routine. If discussion is desired, any item may be removed from Consent and considered separately.
A. Consider approval of the minutes from the May 21, 2019 Regular Meeting
B. Consider approval of the minutes from the May 31, 2019 Special Meeting
C. Consider approval of the minutes from the June 1, 2019 Special Meeting
XII. DECISION ITEMS
A. Consider appointment of a Mayor Pro Tem
B. Consider approval of Ordinance 661, increasing the membership of the Youth Advisory Council
(YAC) from 15 to 25 places
C. Hold a Public Hearing and consider approval of Ordinance 662, designating a tax abatement
reinvestment zone for approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris
Corporation Addition, City of Kennedale, Texas, and generally located at Linda Road and Gail
Drive
• Staff Presentation
• Public Hearing
• Staff Response and Summary
• Action by the City Council
D. Consider authorizing the City Manager to enter into a Tax Abatement and Chapter 380 Agreement
with Compressed Air Systems, L.L.C.
E. Consider authorizing the EDC President to enter into an Economic Development and
Performance Agreement with Compressed Air Systems, L.L.C
F. Consider approval of Ordinance 663, amending the Kennedale Municipal Code, by amending
Exhibit A “Schedule of Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to
provide for a residential building permit fee based on square footage
G. Consider approval of Ordinance 664, amending Chapter 3 – "Animals" of the Kennedale Municipal
Code to add regulations regarding the keeping of certain fowl, livestock, and potbellied pigs within
the City
XIII. EXECUTIVE SESSION
The City Council may meet in Closed Session at any time during the Work Session or the Regular Session,
pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Profession al Conduct may
conflict with the Open Meetings Act, including discussion of any item posted on the agenda and legal issues
regarding the Open Meetings Act.
A. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et
al and the City of Kennedale
B. Discussion with the City Attorney regarding salvage yard special exception/special use permits
C. Discussion with City Attorney regarding Public Information Act, including requests for City
Attorney invoices
D. Discussion with City Attorney regarding legal issues associated with Economic Development and
Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air
Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road)
Pursuant to Section 551.087 – (1) deliberation regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business
prospect described by Subdivision (1):
E. Economic Development and Performance Agreement, Tax Abatement, and Chapter 380
Agreement with Compressed Air Systems for project located at Harris Corporation Addition, Block
1 Lot 1A2 (Linda Road)
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XV. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE JUNE 20, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN
ENTRANCE OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL
PUBLIC AT ALL TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE
SCHEDULED TIME OF SAID MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for
reasonable accommodations for persons attending meetings. This facility is wheelchair accessible and
accessible parking spaces are available. Requests for sign interpreter services must be made forty-eight
(48) hours prior to the meeting by calling 817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: WORK SESSION - A.
I. Subject:
Discussion of policy regarding residential outdoor storage
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
Code Compliance regularly receives complaints from residents about trash or junk in residential front yards. Staff has
been proactively addressing trash and debris issues throughout the city with the goal of improving the aesthetics and
quality of life for residents. The City's municipal code addresses and defines items such as junk and rubbish, and
prohibits them.
However, there are circumstances in which a property has a significant number of various items stored in the front
yard that may not be considered trash or junk by the property owner. The addition of a municipal ordinance regulating
what, where and how items are stored outside would assist code compliance staff in equitably regulating outdoor
storage that can be seen from the public right of way. Currently the city does not have outdoor storage regulations for
residential properties. The purpose of a residential outdoor storage ordinance would be to allow residents to store
appropriate items on their properties, address hazards and safety issues, and improve aesthetics in neighborhoods.
City staff will be presenting proposed regulations for residential outdoor storage for Council discussion. Regulations
could include identification of items that would be exempt from regulation, such as porch furniture or toys, and items
that would be subject to regulation, as well as required screening of those items subject to regulation. Staff will be
available at this work session to respond to questions. Council discussion and direction is appreciated.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: WORK SESSION - B.
I. Subject:
Discussion of policy regarding short-term rentals
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
City staff has received multiple complaints regarding short-term rentals (STRs). Complaints have primarily focused on
noise, trash, security, and excessive on-street parking. STRs are typically defined as rentals of residential units for
less than 30 days. During the May 21, 2019 Council meeting, staff presented information regarding STRs and
possible approaches the City could take, and Council directed staff to develop proposed regulations for STRs.
Staff proposes that STRs be permitted annually and require certificate of occupancy with annual inspections to ensure
safety and compliance with required codes. Additionally, staff is recommending the following regulations:
Notification to residents within 200 feet
Rental for purpose of party or event venue not allowed
1000 feet distance from another STR
Requires zoning of R1, R2, R3 or PD with residential use
Parking limited to 1 per bedroom or maximum that can be accommodated off-street and on-street within
property boundaries, whichever is less
No signage allowed
Maximum number of guests 2 per bedroom and not more than 4 individuals unrelated by blood, marriage or
adoption
Maximum rental time of 30 days or less
Payment of Hotel Occupancy Tax
Staff will be available during this work session to respond to questions. Council discussion and direction is
appreciated.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: WORK SESSION - C.
I. Subject:
Discussion of items on the regular agenda
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
At this time, the Council may choose to discuss any item on the agenda.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - A.
I. Subject:
Updates from the City Council
II. Originated by:
III. Summary:
Updates and information from each of the Councilmembers, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - B.
I. Subject:
Updates from the City Manager
II. Originated by:
III. Summary:
Updates and information from City Manager George Campbell, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - C.
I. Subject:
Updates from the Mayor
II. Originated by:
III. Summary:
Updates and information from Mayor Brian Johnson, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: MONITORING INFORMATION - A.
I. Subject:
Monthly Financials for May 2019
II. Originated by:
Debby Scott, Interim Finance Director
III. Summary:
Monthly financials and sales tax update as produced by the Finance Department.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.Sales Tax Update-May Sales Tax Update-May.pdf
2.2019_05 Monthly Financials 2019_05 Monthly Financials.pdf
Year October November December January February March April May June July August September Total
FY2019 93,144$ 116,039$ 118,085$ 265,081$ 136,298$ 108,098$ 103,810$ 139,297$ -$ -$ -$ -$ 1,079,852$
FY2018 103,820$ 114,506$ 86,956$ 95,425$ 163,502$ 95,017$ 123,760$ 129,363$ 108,885$ 123,268$ 118,770$ 89,090$ 1,352,361$
FY2017 88,748$ 116,156$ 81,855$ 88,956$ 105,794$ 78,644$ 87,130$ 100,121$ 80,241$ 100,943$ 49,590$ 86,549$ 1,064,725$
FY2016 93,137$ 119,137$ 97,985$ 75,878$ 116,006$ 87,589$ 79,516$ 114,543$ 83,718$ 84,586$ 87,693$ 91,377$ 1,131,165$
FY2015 71,955$ 94,438$ 82,545$ 73,782$ 107,571$ 72,312$ 81,193$ 119,350$ 128,463$ 165,756$ 146,297$ 177,697$ 1,321,359$
FY2014 65,971$ 89,600$ 94,982$ 67,373$ 97,781$ 69,685$ 79,236$ 93,957$ 77,496$ 71,927$ 86,597$ 67,978$ 962,584$
FY2013 100,850$ 93,890$ 70,338$ 60,406$ 90,009$ 62,374$ 60,955$ 96,061$ 63,409$ 67,304$ 83,919$ 78,075$ 927,591$
*Net payment after correcting an audit error.-$
Industry Amount % Change Adjusted ChangYTD FYTD
General Services $32,782.62 -18.39%-19.72%$112,238.50 $192,428.33
Manufacturing $27,641.37 275.34%48.42%$128,076.57 $196,580.11
Retail $26,159.68 -6.05%-0.69%$128,646.10 $199,599.19
Professional Services $17,975.24 12.64%46.68%$82,666.13 $137,625.80
Wholesale $17,676.49 1.89%33.39%$90,972.99 $141,686.02
Food $11,283.14 56.84%7.95%$45,114.27 $71,527.24
Agricultural $4,420.73 -60.89%-29.18%$173,351.59 $150,129.50
Miscellaneous $1,385.82 491.38%0.78%$2,313.86 $3,153.19
Accommodation $0.00 0.00%0.00%$0.00 $0.00
Sales Tax By Month
0
50,000
100,000
150,000
200,000
250,000
300,000
October November December January February March April May June July August September
Sales Tax vs Expectation
FY 2019
Five Year Average
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
May 2019
"YOU'RE HERE. YOUR HOME."
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
REVENUES YTD ACTUAL ADOPTED MONTH YTD EARNED EARNED REMAINING
GENERAL FUND 5,384,510$ 6,751,815$ 6,406,759$ 267,865$ 5,473,595$ 79.7%85.4%933,164$
OTHER GENERAL FUNDS 418,773$ 1,035,991$ 941,983$ 44,764$ 345,861$ 40.4%36.7%596,122$
GENERAL FUND 5,803,283$ 7,787,806$ 7,348,742$ 312,629$ 5,819,456$ 74.5%79.2%1,529,286$
-$
GENERAL DEBT SERVICE FUND 1,347,917$ 1,572,159$ 1,518,995$ 9,675$ 1,325,936$ 85.7%87.3%193,059$
-$
WATER/SEWER FUND 2,846,183$ 4,804,352$ 4,010,901$ 339,125$ 2,503,561$ 59.2%62.4%1,507,340$
STORMWATER UTILITY FUND 175,385$ 256,278$ 254,950$ 22,388$ 179,009$ 68.4%70.2%75,941$
WATER IMPACT FUND 122,742$ 165,170$ 120,450$ 1,786$ 24,750$ 74.3%20.5%95,700$
SEWER IMPACT FUND 65,912$ 93,162$ 32,664$ 1,339$ 13,742$ 70.7%42.1%18,922$
WATER/SEWER FUND 3,210,222$ 5,318,962$ 4,418,965$ 364,638$ 2,721,062$ 60.4%61.6%1,697,903$ -$
EDC4B FUND 676,512$ 991,633$ 629,752$ 69,096$ 474,021$ 68.2%75.3%155,731$ -$
CAPITAL FUND 119,830$ 186,462$ 172,535$ 11,009$ 806,315$ 64.3%467.3%(633,780)$ -$
SPECIAL REVENUE FUND 4,180$ 43,873$ 127,497$ 21,896$ 112,149$ 9.5%88.0%15,348$
TOTAL REVENUES 11,161,944$ 15,900,895$ 14,216,486$ 788,943$ 11,258,939$ 70.2%79.2%2,957,547$
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
GENERAL FUND 3,992,714$ 6,340,017$ 7,028,284$ 478,060$ 4,398,603$ 63.0%62.6%2,629,681$
OTHER GENERAL FUND 641,972$ 1,063,510$ 1,197,369$ 72,366$ 589,554$ 60.4%49.2%607,815$
GENERAL FUND 4,634,686$ 7,403,527$ 8,225,653$ 550,426$ 4,988,157$ 62.6%60.6%3,237,496$
GENERAL DEBT SERVICE FUND 1,309,368$ 1,420,004$ 1,511,744$ 20,350$ 1,404,196$ 92.2%92.9%107,548$ -$
WATER/SEWER FUND 2,472,891$ 4,370,392$ 4,659,521$ 244,845$ 2,415,503$ 56.6%51.8%2,244,018$
STORMWATER UTILITY FUND 93,235$ 188,545$ 139,764$ 30,176$ 113,006$ 49.4%
WATER IMPACT FUND $ -153,573$ 152,525$ -$ $ -
SEWER IMPACT FUND -$ 60,000$ 60,000$ -$ $ -
WATER/SEWER FUND 2,233,326$ 4,772,510$ 5,011,810$ 446,297$ 2,287,078$ 46.8%45.6%2,724,732$ -$
EDC4B FUND 772,179$ 1,013,841$ 539,912$ 36,712$ 319,596$ 76.2%59.2%220,316$ -$
CAPITAL FUND 7,478$ 186,536$ 130,170$ 11,581$ 86,488$ 4.0%66.4%43,682$ -$
SPECIAL REVENUE FUND 9,971$ 26,919$ 11,767$ -$ 1,650$ 37.0%14.0%10,117$ 0
TOTAL EXPENDITURES 8,967,008$ 14,823,337$ 15,431,056$ 1,065,366$ 9,087,165$ 60.5%58.9%6,343,891$
REVENUE SUMMARY BY FUND
EXPENDITURE SUMMARY BY FUND
CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
May 2019
"YOU'RE HERE. YOUR HOME."
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
CITY MANAGER 260,454$ 363,210$ 365,464$ 23,728$ 206,628$ 71.7%56.5%158,836$
MAYOR/CITY COUNCIL 89,728$ 158,561$ 127,323$ 7,756$ 107,545$ 56.6%84.5%19,778$
CITY SECRETARY 84,840$ 130,433$ 164,073$ 19,955$ 111,311$ 65.0%67.8%52,762$
MUNICIPAL COURT 71,498$ 65,492$ 108,148$ 8,369$ 61,610$ 109.2%57.0%46,538$
HUMAN RESOURCES 89,746$ 165,966$ 104,909$ 5,915$ 58,880$ 54.1%56.1%46,029$
FINANCE 248,614$ 341,293$ 358,365$ 22,888$ 258,729$ 72.8%72.2%99,636$
POLICE 1,409,777$ 2,257,421$ 2,686,196$ 154,354$ 1,613,233$ 62.5%60.1%1,072,963$
FIRE 1,124,589$ 1,744,007$ 1,907,680$ 156,585$ 1,140,163$ 64.5%59.8%767,517$
COMMUNITY DEVELOPMENT 157,733$ 338,010$ 372,090$ 27,396$ 275,415$ 46.7%74.0%96,675$
SENIOR CITIZEN CENTER 30,553$ 49,877$ 54,028$ 4,331$ 32,412$ 61.3%60.0%21,616$
LIBRARY 168,335$ 311,250$ 268,259$ 23,657$ 170,825$ 54.1%63.7%97,434$
NONDEPARTMENTAL 256,848$ 414,496$ 511,749$ 23,126$ 361,852$ 62.0%70.7%149,897$
TOTAL EXPENDITURES 3,992,715$ 6,340,016$ 7,028,284$ 478,060$ 4,398,603$ 63.0%62.6%2,629,681$
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
UTILITY BILLING 695,245$ 1,412,952$ 1,293,973$ 76,520$ 769,355$ 49.2%59.5%524,618$
WATER OPERATIONS 913,091$ 1,324,784$ 1,576,197$ 131,989$ 791,760$ 68.9%50.2%784,437$
DEBT 464,750$ 175,327$ 509,680$ $ 470,199$ 265.1%
W&S CAPITAL 2,765$ 15,519$ 654,796$ 1,858$ 83,026$ 12.7%571,770$
NONDEPARTMENTAL 397,041$ 1,441,811$ 624,875$ 34,479$ 301,164$ 27.5%48.2%323,711$
TOTAL EXPENDITURES 2,472,892$ 4,370,393$ 4,659,521$ 244,846$ 2,415,504$ 56.6%51.8%2,244,017$
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
STREETS 377,325$ 630,950$ 740,910$ 53,113$ 407,534$ 59.8%55.0%333,376$
PARKS MAINTENANCE 42,846$ 80,379$ 125,920$ 7,517$ 51,092$ 53.3%40.6%74,828$
CAPITAL 32$ 60,555$ 79,058$ $ $ -
TOTAL EXPENDITURES 420,203$ 771,884$ 945,888$ 60,630$ 458,626$ 54.4%48.5%487,262$
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD EXPENSED EXPENSED REMAINING
ADMINISTRATION 85,266$ 142,581$ 168,360$ 19,746$ 109,149$ 59.8%
DEBT SERVICE 220,797$ 325,006$ 320,432$ 10,017$ 150,621$ 67.9%
TOWN SHOPPING CENTER 302,754$ 278,194$ 51,120$ 6,949$ 54,088$ 108.8%
TOWNCENTER REDEVELOPMENT 163,362$ 237,866$ $ - $ 5,738$
TOTAL EXPENDITURES 772,179$ 983,647$ 539,912$ 36,712$ 319,596$ 78.5%59.2%220,316$
EXPENDITURE SUMMARY BY DEPARTMENT
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: MONITORING INFORMATION - B.
I. Subject:
KEDC Financial Report for April 2019
II. Originated by:
Debby Scott, Interim Finance Director
III. Summary:
Reports from the previous EDC meeting are attached for your reference.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.2019_04 Monthly Financials - EDC 2019_04 Monthly Financials - EDC.pdf
2.Sales Tax Update-EDC April Sales Tax Update-EDC April.pdf
1 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
Budget Amendment
Monthly Information
1. $34,785 Sales Tax larger than 5 year average, but less than previous April
2. Made debt payment in April, lowering reserves
3. Fund has recovered to a respectable cash position
4. EDC director engaged in long-term planning, including relationship with Chamber, hotel status, Red's Roadhouse, and development deals
Brady Olsen
ADDITIONAL INFORMATION
FUND 15- OPERATING FUND (ALL BILLS AND REVENUE RECEIVED IN THIS FUND)
FUND 19- CAPITAL BOND FUND (REMAINING CAPITAL MONEY)
FUND 95- RESERVE FUND FOR DEBT REQUIREMENTS
ECONOMIC DEVELOPMENT CORPORATION FINANCIALS SUMMARY
Rental Fees, MMD Tax and Rental Insurance are reported on the Accrual Basis of Accounting, while all
other revenues and expenditures are reported on the Cash Basis. This procedure has been in effect for
several years, but can be changed should the Board wish.
2 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
EDC CASH POSITION
FY18-19
CATEGORY DESCRIPTION YTD
FROM PREVIOUS MONTHS REPORT:
BEGINNING CASH BALANCE - FUND 15 (Operating Cash)269,250$
BEGINNING TEXPOOL BALANCE - FUND 15 (Operating Investments)-$
BEGINNING TEXPOOL BALANCE - FUND 19 (Unspent bond proceeds)-$
BEGINNING CASH BALANCE - FUND 95 (Required reserves)123,254$
BEGINNING CASH BALANCE - TOTAL 392,505$
BEGINNING AVAILABLE CASH - TOTAL 269,250
TOTAL REVENUES MINUS EXPENDITURES FOR MONTH (47,843)$ *
ENDING CASH BALANCE - FUND 15 (Operating Cash)205,633$
ENDING TEXPOOL BALANCE - FUND 15 (Operating Investments)-$
ENDING TEXPOOL BALANCE - FUND 19 (Unspent bond proceeds)-$
ENDING CASH BALANCE - FUND 95 (Required reserves)123,490$
ENDING CASH BALANCE - TOTAL 329,123$
UNAVAILABLE CASH - EARMARKED
RESERVES FOR LEVERAGE NOTE (Required reserves)123,490$
TOTAL UNAVAILABLE CASH 123,490$
AVAILABLE CASH 205,633$
*Due to prior period adjustments, beginning cash balance plus monthly income will not always be an exact match for ending cash balance
3 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
COMBINED EDC4B FUNDS SUMMARY
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
BEGINNING FUND BALANCE 313,866$ 313,866$ 134,784$ 303,248$
AD VALOREM TAXES - - 35,000 - - #DIV/0!0.0%35,000
SALES/BEVERAGE TAXES 186,926 447,132 384,598 34,785 247,219 41.8%64.3%137,379
INVESTMENT EARNINGS 2,295 5,399 65 688 5,094 42.5%7836.4%(5,029)
MISCELLANEOUS INCOME 25,024 66,420 24,120 3,038 20,393 37.7%84.5%3,727
SURPLUS SALES/RENTALS 403,561 138,400 185,969 18,814 132,221 291.6%71.1%53,748
TRANSFERS - - 29,719 - - 0.0%0.0%-
TOTAL REVENUES 617,807$ 657,352$ 659,471$ 57,325$ 404,926$ 94.0%61.4%224,826$
SUPPLIES - - 2,100 - - #DIV/0!0.0%2,100
MAINTENANCE 273,034 237,161 29,920 2,339 29,639 115.1%99.1%281
SUNDRY 84,436 183,614 187,460 17,462 106,904 46.0%57.0%80,556
DEBT 153,209 172,418 165,607 85,368 140,603 88.9%84.9%25,004
TRANSFERS 67,588 152,588 184,544 - - 44.3%0.0%184,544
CAPITAL 146,262 237,866 - - 5,738 61.5%#DIV/0!(5,738)
TOTAL EXPENDITURES 724,528$ 983,646$ 569,631$ 105,169$ 282,884$ 73.7%49.7%286,747$
REVENUES OVER EXPENDITURES (106,722)$ (326,294)$ 89,840$ (47,843)$ 122,042$
ENDING FUND BALANCE 207,144$ (12,428)$ 224,624$ 425,289$
FUND BALANCE AS % OF EXP 28.6%-1.3%39.4%0.0%150.3%
RESERVE ($115,000) REQUIREMENT)-$ -$ 115,000$ -$ -$
RESERVE SURPLUS/(SHORTFALL)207,144$ (12,428)$ 109,624$ -$ 425,289$
4 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
BEGINNING FUND BALANCE 164,460$ 164,460$ (15,517)$ 152,017$
AD VALOREM TAXES - - 35,000 - - #DIV/0!0.0%35,000
SALES/BEVERAGE TAXES 186,926 447,132 384,598 34,785 247,219 41.8%64.3%137,379
INVESTMENT EARNINGS 1,449 3,574 65 453 3,603 40.5%5543.5%(3,538)
MISCELLANEOUS INCOME 25,024 66,420 24,120 3,038 20,393 37.7%84.5%3,727
SURPLUS SALES/RENTALS 403,561 138,400 185,969 18,814 132,221 291.6%71.1%53,748
TOTAL REVENUES 616,960$ 655,527$ 629,752$ 57,090$ 403,435$ 94.1%64.1%226,317$
SUPPLIES - - 2,100 - - #DIV/0!0.0%2,100
MAINTENANCE 273,034 237,161 29,920 2,339 29,639 115.1%99.1%281
SUNDRY 84,436 183,614 187,460 17,462 106,904 46.0%57.0%80,556
DEBT 153,209 172,418 165,607 85,368 140,603 88.9%84.9%25,004
TRANSFERS 67,588 152,588 154,825 - - 44.3%0.0%154,825
CAPITAL 146,262 237,866 - - 5,738 61.5%#DIV/0!(5,738)
TOTAL EXPENDITURES 724,528$ 983,646$ 539,912$ 105,169$ 282,884$ 73.7%52.4%257,028$
REVENUES OVER EXPENDITURES (107,568)$ (328,119)$ 89,840$ (48,079)$ 120,551$
ENDING FUND BALANCE 56,892$ 152,017$ 74,323$ 272,568$
FUND BALANCE AS % OF EXP 7.9%15.5%13.8%0.0%96.4%
RESERVE (NO REQUIREMENT)-$ -$ -$ -$ -$
RESERVE SURPLUS/(SHORTFALL)56,892$ 152,017$ 74,323$ -$ 272,568$
5 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
4002-00-00 MMD TAX-CURRENT YEAR - - 35,000 - - #DIV/0!0.0%35,000
AD VALOREM TAXES -$ -$ 35,000$ -$ -$ #DIV/0!0.0%35,000$
4081-00-00 SALES TAX 186,926 447,132 384,598 34,785 247,219 41.8%64.3%137,379
SALES/BEVERAGE TAXES 186,926$ 447,132$ 384,598$ 34,785$ 247,219$ 41.8%64.3%137,379$
4401-00-00 INVESTMENT INCOME 1,449 3,574 65 453 3,603 40.5%5543.5%(3,538)
INVESTMENT EARNINGS 1,449$ 3,574$ 65$ 453$ 3,603$ 40.5%5543.5%(3,538)$
4409-00-00 MISCELLANEOUS INCOME 25,024 36,624 24,120 3,038 20,393 68.3%84.5%3,727
4415-00-00 INSURANCE REIMBURSEMENTS - 14,898 - - - 0.0%0.0%-
MISCELLANEOUS INCOME 25,024$ 66,420$ 24,120$ 3,038$ 20,393$ 37.7%84.5%3,727$
4805-00-00 RENTAL FEES-SHOPPING CENTER 54,382 105,856 185,223 18,814 132,221 51.4%71.4%53,002
4806-00-00 RENTAL INSURANCE - 2,350 746 - - 0.0%0.0%746
4902-00-00 PROCEEDS-DEBT/LOAN/LEASE - 30,194 - - - 0.0%#DIV/0!-
4884-00-01 SALE OF ASSETS 349,179 - - - - #DIV/0!#DIV/0!-
SURPLUS SALES/RENTALS 403,561$ 138,400$ 185,969$ 18,814$ 132,221$ #DIV/0!#DIV/0!53,748$
TOTAL REVENUES 616,960$ 655,527$ 629,752$ 57,090$ 403,435$ 94.1%64.1%226,317$
TOTAL REVENUES (EXCLUDING INTEREST/TRANSFERS)615,511$ 651,953$ 629,687$ 56,637$ 399,832$
6 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
01: ADMINISTRATION
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
5240-01-00 PRINTED SUPPLIES - - 2,000 - - 0.0%2,000
5260-01-00 GENERAL OFFICE SUPPLIES - - 50 - - 0.0%0.0%50
5261-01-00 POSTAGE - - 50 - - 0.0%0.0%50
SUPPLIES -$ -$ 2,100$ -$ -$ 0.0%2,100$
5501-01-00 ADVERTISING - 35 1,200 - - 0.0%0.0%1,200
5510-01-00 ASSOC DUES/PUBLICATIONS - 4,890 5,320 - - 0.0%0.0%5,320
5525-01-00 TRAINING/SEMINARS - - 250 - - #DIV/0!0.0%250
5565-01-00 LEGAL SERVICES 5,958 20,855 13,000 282 1,852 28.6%14.2%11,148
5567-01-00 AUDIT SERVICES 2,000 2,000 4,250 4,250 4,250 100.0%100.0%-
5570-01-00 SPECIAL SERVICES 5,752 13,774 250 43 190 41.8%75.8%60
5578-01-00 TRAVEL - - 100 - - 0.0%0.0%100
5580-01-00 ENGINEERING SERVICES - - - 2,127 2,127 100.0%(2,127)
5595-01-00 ADMIN CHARGE-GENERAL FUND 47,627 81,647 117,890 9,824 68,769 58.3%58.3%49,121
5615-01-00 FUNCTIONAL GRANT 7,660 19,380 24,000 - 12,216 39.5%50.9%11,784
SUNDRY 68,997$ 142,581$ 166,260$ 16,526$ 89,403$ 48.4%53.8%76,857$
CAPITAL -$ -$ -$ -$ -$ 0.0%-$
TOTAL EXPENDITURES 68,997$ 142,581$ 168,360$ 16,526$ 89,403$ 48.4%53.1%78,957$
7 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
01: ADMINISTRATION
03: DEBT SERVICE
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
5643-01-03 2007 $1.2M TAX BOND-INTEREST 54,831 54,831 50,735 25,368 50,689 100.0%99.9%46
5644-01-03 2007 $1.2M TAX BOND-PRINCIPAL 60,000 60,000 60,000 60,000 60,000 100.0%100.0%-
5645-01-03 2011 $1.7M TX LEVERAGE-INT 11,691 17,926 12,834 - 10,169 65.2%79.2%2,665
5646-01-03 2011 $1.7M TX LEVERAGE-PRI 26,688 39,661 42,038 - 19,745 67.3%47.0%22,293
DEBT 153,209$ 172,418$ 165,607$ 85,368$ 140,603$ 88.9%84.9%25,004$
5702-01-03 TRANSFER OUT-DEBT SERVICE FUND 67,588 152,588 154,825 - - 44.3%0.0%154,825
TRANSFER 67,588$ 152,588$ 154,825$ -$ -$ 44.3%0.0%154,825$
TOTAL EXPENDITURES 220,797$ 325,006$ 320,432$ 85,368$ 140,603$ 67.9%43.9%179,829$
8 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
02: TOWN SHOPPING CENTER
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
5403-02-00 BUILDING MAINTENANCE 273,034 237,161 29,920 2,339 29,639 115.1%99.1%281
MAINTENANCE 273,034$ 237,161$ 29,920$ 2,339$ 29,639$ 115.1%99.1%281$
5530-02-00 ELECTRIC SERVICES 3,457 8,002 6,700 436 2,862 43.2%42.7%3,838
5545-02-00 INSURANCE-PROPERTY 8,341 8,341 8,500 - 11,139 100.0%131.0%(2,639)
5570-02-00 SPECIAL SERVICES 3,641 24,691 6,000 500 3,500 14.7%58.3%2,500
SUNDRY 15,438$ 41,033$ 21,200$ 936$ 17,501$ 37.6%82.6%3,699$
TOTAL EXPENDITURES 288,472$ 278,194$ 51,120$ 3,275$ 47,140$ 103.7%92.2%3,980$
9 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
03: TOWN CENTER REDEVELOPMENT
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 - % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD A USED USED REMAINING
5847-03-00 CONSTRUCTION 146,262 237,866 - - 5,738 0.0%(5,738)
CAPITAL 146,262$ 237,866$ -$ -$ 5,738$ 0.0%(5,738)$
TOTAL EXPENDITURES 146,262$ 237,866$ -$ -$ 5,738$ 0.0%(5,738)$
10 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
15: EDC4B FUND
04: TEXAS LEVERAGE PROGRAM
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
5800-04-00 LAND - - - - - 0.0%-
CAPITAL -$ -$ -$ -$ -$ 0.0%-$
TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%-$
11 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
19: EDC4B CAPITAL BOND FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
BEGINNING FUND BALANCE 29,444$ 29,444$ 29,719$ 29,904$
INVESTMENT EARNINGS 225 460 - - - 48.9%-
TOTAL REVENUES 225$ 460$ -$ -$ -$ 48.9%-$
TRANSFERS - - 29,719 - - 0.0%0.0%-
CAPITAL - - - - - 0.0%0.0%-
TOTAL EXPENDITURES -$ -$ 29,719$ -$ -$ 0.0%0.0%-$
REVENUES OVER EXPENDITURES 225$ 460$ (29,719)$ -$ -$
ENDING FUND BALANCE 29,669$ 29,904$ 0$ 29,904$
FUND BALANCE AS % OF EXP N/A N/A N/A N/A N/A
RESERVE (NO REQUIREMENT)-$ -$ -$ -$ -$
RESERVE SURPLUS/(SHORTFALL)29,669$ 29,904$ 0$ -$ 29,904$
12 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
19: EDC4B CAPITAL BOND FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
4401-00-00 INVESTMENT INCOME 225 460 - - - 48.9%-
INVESTMENT EARNINGS 225$ 460$ -$ -$ -$ 48.9%-$
TOTAL REVENUES 225$ 460$ -$ -$ -$ 48.9%-$
19: EDC4B CAPITAL BOND FUND
01: TOWN CENTER REDEVELOPMENT
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
5580-01-00 TRANSFER OUT - - - - - 0.0%0.0%-
TRANSFERS -$ -$ -$ -$ -$ 0.0%0.0%-$
5800-01-00 LAND - - - - - 0.0%0.0%-
5847-01-00 CONSTRUCTION - - - - - 0.0%0.0%-
CAPITAL -$ -$ -$ -$ -$ 0.0%0.0%-$
TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$
13 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
95: EDC4B RESERVE FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY ACTUAL % OF CY BUDGET BUDGET
CATEGORY YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
BEGINNING FUND BALANCE 119,962$ 119,962$ 120,582$ 121,327$
INVESTMENT EARNINGS 622 1,365 - 235 1,490 45.5%(1,490)
TOTAL REVENUES 622$ 1,365$ -$ 235$ 1,490$ 45.5%(1,490)$
TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$
REVENUES OVER EXPENDITURES 622$ 1,365$ -$ 235$ 1,490$
ENDING FUND BALANCE 120,584$ 121,327$ 120,582$ 122,817$
FUND BALANCE AS % OF EXP N/A N/A N/A N/A N/A
RESERVE ($112,606 REQUIREMENT)112,606$ 112,606$ 112,606$ 112,606$ 112,606$
RESERVE SURPLUS/(SHORTFALL)7,978$ 8,721$ 7,976$ (112,606)$ 10,211$
14 CITY OF KENNEDALE
ANNUAL PROGRAM OF SERVICES
April 2019
"YOU'RE HERE. YOUR HOME."
95: EDC4B RESERVE FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
4401-00-00 INVESTMENT INCOME 622 1,365 - 235 1,490 45.5%(1,490)
INVESTMENT EARNINGS 622$ 1,365$ -$ 235$ 1,490$ 45.5%(1,490)$
TOTAL REVENUES 622$ 1,365$ -$ 235$ 1,490$ 45.5%(1,490)$
95: EDC4B RESERVE FUND
FY17-18 FY17-18 FY18-19 CURRENT FY18-19 % OF PY BUDGET % OF CY BUDGET BUDGET
ACCOUNT ACCOUNT NAME YTD ACTUAL ADOPTED MONTH YTD USED USED REMAINING
TRANSFERS -$ -$ -$ -$ -$ 0.0%0.0%-$
TOTAL EXPENDITURES -$ -$ -$ -$ -$ 0.0%0.0%-$
Year October November December January February March April May June July August September Total
FY2019 31,048$ 38,680$ 39,362$ 88,360$ 45,433$ 36,033$ 34,603$ -$ -$ -$ -$ -$ 104,506$
FY2018 34,607$ 38,169$ 28,985$ 31,808$ 54,501$ 31,672$ 41,253$ 43,121$ 36,295$ 41,089$ 39,590$ 29,697$ 150,262$
FY2017 29,583$ 38,719$ 27,285$ 29,652$ 35,265$ 26,215$ 29,043$ 33,374$ 26,747$ 33,648$ 16,530$ 28,850$ 118,303$
FY2016 31,046$ 39,712$ 32,662$ 25,293$ 38,669$ 29,196$ 26,505$ 38,181$ 27,906$ 28,195$ 29,231$ 30,459$ 125,685$
FY2015 23,985$ 31,479$ 27,515$ 24,594$ 35,857$ 24,104$ 27,064$ 39,783$ 42,821$ 55,252$ 48,766$ 59,232$ 146,818$
FY2014 21,990$ 29,867$ 31,661$ 22,458$ 32,594$ 23,228$ 26,412$ 31,319$ 25,832$ 23,976$ 28,866$ 22,659$ 106,954$
FY2013 33,617$ 31,297$ 23,446$ 20,135$ 30,003$ 20,791$ 20,318$ 32,020$ 21,136$ 22,435$ 27,973$ 26,025$ 103,066$
*Net payment after correcting an audit error.-$
Industry Amount % Change Adjusted ChangYTD FYTD
Manufacturing $8,938.36 -9.40%-2.85%$33,457.68 $56,263.72
Wholesale $7,427.33 19.74%31.78%$24,395.26 $41,269.27
Retail $7,340.33 15.90%0.93%$34,182.71 $57,862.15
Professional Services $5,328.31 2.80%66.46%$21,563.63 $39,883.52
General Services $3,370.65 -34.65%19.84%$26,522.35 $53,279.44
Food $2,425.69 -32.70%-11.74%$11,277.04 $20,081.37
Agricultural $178.62 -96.63%405.23%$56,310.29 $48,569.59
Miscellaneous $129.67 43.21%79.08%$309.35 $592.38
Accommodation $0.00 0.00%0.00%$0.00 $0.00
Sales Tax By Month
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
October November December January February March April May June July August September
Sales Tax vs Expectation
FY 2019
Five Year Average
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - A.
I. Subject:
Consider approval of the minutes from the May 21, 2019 Regular Meeting
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.2019_05.21_Minutes_City Council Regular Meeting
DRAFT
2019_05.21_Minutes_City Council Regular Meeting
DRAFT.pdf
KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING | MAY 21, 2019
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the Work Session to order at 5:30 p.m., noting that all Councilmembers
were present except Linda Rhodes.
II. WORK SESSION
A. Discussion of policy regarding short-term rentals
Director of Planning & Economic Development Melissa Dailey stated that staff has received
complaints from multiple neighborhoods regarding short-term rentals (e.g., Airbnb listings); gave
an overview of some considerations surrounding the issue; offered information about other cities’
approaches (mainly allowing the practice, but regulating some aspects); and was available to
answer questions from the Council. There was some discussion about potential nuisances to
residents, safety concerns, inspections, the potential of requiring a Certificate of Occupancy (CO),
differentiation of purely rental properties vs. owner-occupied dwellings that are sometimes rented
either in whole or in part, insurance requirements, and what laws the State Legislature might
enact or consider. At this time, the general consensus of the Council was to prefer permitting
short-term rentals, but to aim to mitigate nuisances to residents through regulations.
B. Discussion of potential amendments to Chapter 3 – “Animals” of the Kennedale Municipal Code
Director of Planning & Economic Development Melissa Dailey stated that staff regularly receives
questions regarding ownership of animals such as chickens, goats, and horses on residential lots;
and that in most cases the existing animals were not allowed under current code, as the
ordinance only allows “farm animals” on land zoned as Agricultural (AG). She stated that – after
conducting a focus group – staff recommends expanding the ability to have these animals to a
more logical parameter by regulating by acreage rather than by zoning. There was some
discussion regarding the need to define different categories and sizes of animals, regulations in
other cities, the health and well-being of the animals, and cleanliness and odor concerns.
C. Discussion of items on the regular agenda
In response to Mayor Brian Johnson’s request for background regarding Item XIII.A. (Resolution
554, adopting an incentive policy, etc.), City Manager George Campbell stated that staff was
preparing to present an economic development incentive package for Council’s consideration at
the June meeting, and that adoption of this policy was a necessary step in that process. He noted
that adoption of this policy did not, in itself, grant any incentive but provided the mechanism.
In response to Mayor Pro Tem Sandra Lee’s question regarding Item XII.D. (Cooperative
Purchasing Agreement), Campbell stated that such agreements potentially allowed Cities to
obtain more competitive pricing via volume discounts. Former Finance Director Brady Olsen
added that the City currently participates in several other statewide purchasing agreements.
Mayor Johnson recessed to Executive Session at 6:14 p.m.
III. REGULAR SESSION
Mayor Johnson called the Regular Session to order at 7:00 p.m.
DRAFT UNTIL APPROVED BY COUNCIL
Page 2 of 5
CITY COUNCIL MINUTES | MAY 21, 2019
IV. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1;
Chris Pugh, Place 2; Chad Wandel, Place 5; Absent: Linda Rhodes, Place 4
Staff: City Manager George Campbell, City Secretary & Communications Coordinator Leslie E.
Galloway, City Attorney Drew Larkin, Former Finance Director Brady Olsen (engaged as a consultant),
Director of Planning & Economic Development Melissa Dailey, Public Works Director Larry Hoover,
Library Director Amanda King, Police Chief Tommy Williams, Fire Chief James Brown
V. INVOCATION
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
Sarah Johnson Cotton offered the invocation.
VII. VISITOR AND CITIZEN FORUM
Sarah Johnson Cotton, 700 Crestview Drive, discussed Kennedale Seniors’ progress with the
YMCA and Sixty and Better, announced the July 17 meeting, stated her opposition to a private
development project being called “senior living”, and stated her support of a local medical center.
John Silva, 311 Autumnwood Court, discussed his dissatisfaction with the runoff from
Kennedale Junior High School to his home in Winding Creek Estates, showed a video from a
recent rain event and a map of the water flow, and requested follow-up from staff.
Ronald Hudson, 5100 Independence Avenue, Arlington, spoke about a sanitary sewage
backup that had affected his home and requested assistance from the City. City Manager
George Campbell noted that his address was in the City of Arlington, and offered to put him in
touch with their staff.
Phillip Wallace, 516 Corry A. Edwards Drive, thanked the Council (including outgoing members
Joplin and Gilley) for approving the refurbishment of the ballfields at Sonora.
VIII. REPORTS AND ANNOUNCEMENTS
A. Updates from the City Council
JOSH ALTOM, PLACE 1, announced that he attended the Kennedale Area Chamber of
Commerce (KACC) “Best of Kennedale” award luncheon.
CHRIS PUGH, PLACE 2, announced that he attended the TML Small Town Conference with
several Councilmembers where there were discussions about common struggles facing Cities
and how pursuit of grants and cooperat ion on creative solutions can be highly beneficial.
MAYOR PRO TEM SANDRA LEE, PLACE 3, announced that she attended the Kennedale
Seniors meeting and urged others to as well, on the third Monday of each month at 6:30 p.m.
CHAD WANDEL, PLACE 5, announced that he also attended the TML Small Town
Conference in Granbury and noted the success of their Town Square and recent designation
as the #1 Small City in Texas, stating his hope that Kennedale would see similar success.
B. Updates from the City Manager
City Manager George Campbell did not have any updates at this time.
C. Updates from the Mayor
Mayor Brian Johnson noted that he attended the TML Small Town Conference, where TOASE
presented, and there were discussions including economic development and branding; and that
he was scheduled to be a guest speaker at both the Muslim Community Center for Human
Services and the Reagan Republican Women’s Club in Mansfield in the near future.
IX. INCIDENTAL ITEMS
DRAFT UNTIL APPROVED BY COUNCIL
Page 3 of 5
CITY COUNCIL MINUTES | MAY 21, 2019
X. MONITORING INFORMATION
A. Monthly Financials for April 2019
Former Finance Director Brady Olsen stated that in each packet, Council is provided with overall
revenues and expenditures by fund, expenditures by department, and a sales tax update. He
noted that these financials were visually similar to the budget with columns including spending
through this month of the previous year, the budget as adopted, and actual expenditures so that
the current position can be compared to the previous budget year, as revenues and expenditures
are not steady throughout the budget cycle. Olsen added that there is also a chart benchmarking
sales tax revenue against the five-year average and noting any highlights or irregularities.
B. KEDC Financial Report for March 2019
There was no discussion at this time.
XI. ELECTION BUSINESS
A. Certification by the City Secretary of official Recount Committee Report, which was conducted
May 16, 2019
City Secretary and Communication Coordinator Leslie E. Galloway stated that the original returns
from Tarrant County Elections reported that the May 4, 2019 race for Councilmember, Place 3
was a tie, with each candidate receiving 388 votes; but that, following the certification of these
returns at the May 14 meeting, incumbent Sandra Lee requested a recount of the votes. A manual
recount of the ballots cast for Place 3 took place at Tarrant County Elections on Thursday, May
16, and did, in fact, find an error in tabulation. The results of that recount were: Cesar Guerra, 388
votes; and Sandra Lee, 389 votes.
Motion To Approve. Action Approve Council’s receipt of the certification of these official returns
for the May 16th manual recount of the votes for City Council Place 3, which were cast in an
election held Saturday, May 4, 2019; and approving that they be filed within the Ci ty’s election
register. Moved By Pugh. Seconded By Wandel. Motion passes unanimously.
B. Consider approval of Resolution 551, canvassing the recount results – conducted May 16, 2019 –
of the General Election held on May 4, 2019, and declaring Sandra Lee elected to the office of
City Council Place 3
Motion To Approve. Action Approve Resolution 551, canvassing the recount results – conducted
May 16, 2019 – of the General Election held on May 4, 2019, and declaring Sandra Lee elected to
the office of City Council Place 3. Moved By Wandel. Seconded By Pugh. Motion passes
unanimously.
C. Oath of Office for Sandra Lee, City Council Place 3 (2019-2021)
City Secretary and Communication Coordinator Leslie E. Galloway administered the Oath of
Office for Sandra Lee, City Council Place 3 (2019-2021).
D. Consider approval of Resolution 552, canceling the June 8, 2019 runoff election
Motion To Approve. Action Approve Resolution 552, canceling the June 8, 2019 runoff election.
Moved By Altom. Seconded By Pugh. Motion passes unanimously.
XII. REQUIRED APPROVAL ITEMS (CONSENT)
Consent items are matters that have appeared on previous agendas, require little or no deliberation, or
are considered routine. If discussion is desired, any item may be removed from Consent and considered
separately.
A. Consider approval of the minutes from the April 16, 2019 Regular Meeting
DRAFT UNTIL APPROVED BY COUNCIL
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CITY COUNCIL MINUTES | MAY 21, 2019
B. Consider approval of the minutes from the May 14, 2019 Special Meeting at 5:00 p.m.
C. Consider approval of the minutes from the May 14, 2019 Special Meeting at 7:00 p.m.
D. Consider authorizing the City Manager to enter into a Cooperative Purchasing Agreement with the
City of North Richland Hills
E. Consider approval of Resolution 553, supporting a grant application for police body cameras
F. Consider approval of contract award to Emergicon for emergency medical service billing and
collections, and authorize the City Manager to sign the agreement
Motion To Approve. Action Approve the Consent Agenda. Moved By Mayor Pro Tem Lee.
Seconded By Wandel. Motion passes unanimously.
XIII. DECISION ITEMS
A. Consider approval of Resolution 554, adopting an incentive policy, establishing guidelines and
criteria for tax abatement, and electing to become eligible to participate in tax abatement
City Manager George Campbell stated that approval of this item meant the City would have a
policy in place to grant incentives, if the Council should choose to do so. He added that staff was
currently in discussions regarding a tax abatement, but the former incentive policy had expired.
Motion To Approve. Action Approve Resolution 554, adopting an incentive policy, establishing
guidelines and criteria for tax abatement, and electing to become eligible to participate in tax
abatement. Moved By Wandel. Seconded By Pugh. Motion passes unanimously.
B. Review and consider contract for Animal Control services from North Texas Animal Control
Authority
Police Chief Tommy Williams stated that the City’s Animal Control Officer (ACO) was accepted
into the Police Academy and that this contract would provide for animal control services until
another officer was hired. He added that the City had contracted with this company in the past and
that the only material change to this agreement was the addition of an automatic renewal clause.
Motion To Approve. Action Approve a contract for Animal Control services from North Texas
Animal Control Authority. Moved By Mayor Pro Tem Lee. Seconded By Wandel. Motion passes
unanimously.
C. Consider making appointments to various advisory boards and commissions
City Manager George Campbell stated that membership rosters for all advisory boards and
commissions were included in the packet, noting that not all vacancies must be filled tonight, but
that staff would request that Council specifically prioritize the filling of vacancies on the Economic
Development Corporation (EDC) Board and the Planning & Zoning (P&Z) Commission, as well as
appointing Chairs and Vice Chairs on the P&Z and Board of Adjustment/Building Board of
Appeals (BOA/BBA).
Motion To Approve. Action Approve the appointment of Robert Mundy to the Economic
Development Corporation (EDC) Board, Place 5; and Cesar Guerra to the Economic
Development Corporation (EDC) Board, Place 2. Moved By Pugh. Seconded By Wandel.
Motion passes 3-1, with Mayor Pro Tem Lee voting against.
Motion To Approve. Action Approve the appointment of Martha Dibella and Greg Adams to the
Planning & Zoning (P&Z) Commission. Moved By Pugh. Seconded By Wandel. Motion passes
3-0-1, with Mayor Pro Tem Lee abstaining.
D. Consider appointment of a Chair and Vice Chair of the Planning & Zoning Commission
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CITY COUNCIL MINUTES | MAY 21, 2019
Motion To Approve. Action Approve the appointment of Martha Dibella as the Chair of the
Planning & Zoning (P&Z) Commission; and to request that the commissioners forward their
nomination for Vice Chair following their next meeting. Moved By Pugh. Seconded By Wandel.
Motion passes unanimously.
Motion To Amend. Action Amend the second motion related to item XIII.C. to designate which
place each appointee should occupy, by amending the motion to: “Approve the appointment of
Martha Dibella to the Planning & Zoning (P&Z) Commission, Place 2 (term expiring 2020); and
Greg Adams to the Planning & Zoning (P&Z) Commission, Place 1 (term expiring 2019)”. Moved
By Pugh. Seconded By Wandel. Motion passes unanimously.
E. Consider appointment of a Chair and Vice Chair of the Board of Adjustment and Building Board of
Appeals
Motion To Approve. Action Approve the appointment of Jeff Nevarez as the Chair of the Board of
Adjustment and Building Board of Appeals (BOA/BBA); and to request that the board forward their
nomination for Vice Chair following their next meeting. Moved By Wandel. Seconded By Pugh.
Motion passes unanimously.
THE COUNCIL DID NOT CONVENE INTO EXECUTIVE SESSION AT THIS TIME. THERE WAS AN EXECUTIVE SESSION
HELD IMMEDIATELY FOLLOWING THE WORK SESSION, BUT BEFORE THE REGULAR SESSION.
XIV. EXECUTIVE SESSION
A. Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et
al and the City of Kennedale
B. Discussion with the City Attorney regarding salvage yard special exception/special use permits
C. Discussion with City Attorney regarding legal issues associated with potential tax
abatement, Chapter 380 incentives, and EDC grants
D. Potential tax abatement, Chapter 380 incentives, and EDC grant to relocating industrial business
prospect
XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
Motion To Approve. Action Approve, pursuant to the discussion in closed session, authorizing the City
Manager to execute an agreement with regard to Ron Sturgeon. Moved By Pugh. Seconded By Altom.
Motion passes unanimously.
XVI. ADJOURNMENT
Motion To Adjourn. Action Adjourn, Moved By Mayor Pro Tem Lee. Seconded By Wandel.
Motion passes unanimously.
Mayor Johnson adjourned the meeting at 7:37 p.m.
APPROVED: ATTEST:
BRIAN JOHNSON, MAYOR LESLIE E. GALLOWAY, CITY SECRETARY
DRAFT UNTIL APPROVED BY COUNCIL
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of the minutes from the May 31, 2019 Special Meeting
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.2019_05.31_Minutes_City Council Special Meeting
DRAFT
2019_05.31_Minutes_City Council Special Meeting
DRAFT.pdf
KENNEDALE CITY COUNCIL MINUTES
SPECIAL MEETING | MAY 31, 2019 AT 8:15 AM
TARRANT COUNTY COLLEGE – SOUTH CAMPUS
BUILDING SFOD, CONFERENCE ROOM 1502C
5301 CAMPUS DR, FORT WORTH, TX 76119
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 8:15 a.m.
II. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1; Chris Pugh,
Place 2; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE
Staff: City Manager George Campbell, City Secretary & Communications Coordinator Leslie E. Galloway, City
Attorney Wayne Olson, Interim Finance Director Debby Scott, Director of Planning & Economic Development
Melissa Dailey, Public Works Director Larry Hoover, Director of Human Resources & Administrative Services
Danielle Clark, Library Director Amanda King, Police Chief Tommy Williams, Fire Chief James Brown , Consultant
Mike Mowery of Strategic Government Resources (SGR)
III. WORK SESSION
A. Presentation by Mike Mowery of SGR (Strategic Government Resources) and discussion
including, but not limited to, governance, leadership, and communication
City Manager George Campbell opened the meeting with a brief overview of the purpose of this
two-day workshop – to begin the process of short- and long-term goal setting through initial
discussion of: governance; rules of procedure; organizational structure; budget and finance;
departmental missions, goals, and challenges; and Council policy priorities. He then introduced
Mike Mowery of Strategic Government Resources, who facilitated a discussion and was
available to answer questions from Council regarding topics including: board governance and
leadership; defining and overcoming governance challenges; healthy deliberation; roles and
responsibilities of board members; and cohesive strategic vision.
B. Presentation by City Attorney Wayne Olson and discussion including, but not limited to , open
meetings, open records, conflicts of interest, rules of procedure, and City Council and staff
decorum during meetings
City Attorney Wayne Olson of TOASE presented information and was available to answer
Council’s questions regarding the requirements of and considerations surrounding the Open
Meetings Act, the Public Information Act, Chapter 176 (Disclosures), Sec. 2252.908
(Disclosures), Sec. 2252.152 (Prohibited Contracts), Sec. 2270.002 (Boycotting Israel), and
Chapter 171 (Conflicts of Interest).
IV. INCIDENTAL ITEMS
There was no discussion at this time.
V. ADJOURNMENT
Mayor Johnson adjourned the meeting at 3:01 p.m.
APPROVED: ATTEST:
BRIAN JOHNSON, MAYOR LESLIE E. GALLOWAY, CITY SECRETARY DRAFT UNTIL APPROVED BY COUNCIL
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - C.
I. Subject:
Consider approval of the minutes from the June 1, 2019 Special Meeting
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.2019_06.01_Minutes_City Council Special Meeting
DRAFT
2019_06.01_Minutes_City Council Special Meeting
DRAFT.pdf
KENNEDALE CITY COUNCIL MINUTES
SPECIAL MEETING | JUNE 01, 2019 AT 8:00 AM
TARRANT COUNTY COLLEGE – SOUTH CAMPUS
BUILDING SFOD, CONFERENCE ROOM 1502C
5301 CAMPUS DR, FORT WORTH, TX 76119
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 8:11 a.m.
City Manager George Campbell announced that the City would receive a Regional Cooperation Award
(along with the City of Arlington) at the North Central Texas Council of Governments Annual General
Assembly on June 14, and invited the Mayor and Council to attend.
II. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Chris Pugh, Place 2; Linda
Rhodes, Place 4; Chad Wandel, Place 5; Absent: Josh Altom, Place 1
Staff: City Manager George Campbell, City Secretary & Communications Coordinator Leslie E. Galloway, Former
Finance Director Brady Olsen (engaged as a consultant), Interim Finance Director Debby Scott, Director of Planning
& Economic Development Melissa Dailey, Public Works Director Larry Hoover, Director of Human Resources &
Administrative Services Danielle Clark, Library Director Amanda King, Police Chief Tommy Williams, Fire Chief
James Brown
III. WORK SESSION
A. Receive and discuss a presentation from former Finance Director Brady Olsen regarding the
City's financial and budget positions and strategies for the current and future years
Former Finance Director Brady Olsen (engaged as a consultant) began with an overview of the
department’s mission, responsibilities, goals, achievements, needs, challenges, and policy
issues for Council consideration. He then discussed monthly report ing, transparency procedures
and considerations, policies, investment, the annual audit process, the City’s fund structure, and
the budget calendar. Olsen also provided highlights from the major funds for the current fiscal
year, current fund balances, and scenarios and projections for the next budget cycle. Finally,
there was brief discussion regarding recent changes to state law that might affect tax rates.
Discussion among Council included: the drawdown of the Street Fund due to decreasing
franchise fees; leveraging County bond programs for streets; low staffing levels; transparency
software; how the General Fund drawdown might impact the bond rating; cooperation between
departments to fund projects; water rate structure; revenues from new development; the ratio of
property tax to sales tax; and revenue streams. Olsen was available throughout to answer
questions from Council.
B. Receive and discuss presentations by each Department Head including, but not limited to,
highlights and accomplishments from the current fiscal year, short -term and long-term goals,
identified needs and challenges for FY2019-20, and policy issues for consideration by the City
Council
Director of Human Resources & Administrative Services Danielle Clark provided an overview of
the department’s mission, responsibilities, goals, achievements, needs, challenges, and policy
issues for Council consideration. There was some discussion regarding topics including: reduced
insurance costs; the Public Safety Step Plan; technology needs throughout the organization; a
civilian compensation study; the need for an employee wellness program, disability coverage,
and employee assistance; and low staffing levels and limited office space. Clarke was available
throughout to answer questions from Council. DRAFT UNTIL APPROVED BY COUNCIL
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CITY COUNCIL MINUTES | JUNE 01, 2019
Director of Planning & Economic Development Melissa Dailey provided an overview of the
department’s mission, responsibilities, goals, achievements, needs, challenges, and policy
issues for Council consideration. There was some discussion regarding topics including:
increased code compliance; the Tarrant County HOME Program; the National Parks Service
(NPS) Greenways grant; EDC initiatives; defining desires within the community; redevelopment
of Kennedale Parkway; providing a variety of housing; enhancing connectivity and walkability;
encouraging quality development; redevelopment of the southwest portion of the City; new parks;
additional staffing needs; and the advantages of maintaining a common vision regarding
community development. Dailey was available throughout to answer questions from Council.
City Secretary & Communications Coordinator Leslie E. Galloway provided an overview of the
department’s mission, responsibilities, goals, achievements, needs, challenges, and policy
issues for Council consideration. There was some discussion regarding topics including: a
forthcoming web redesign; increase in proactive communication; records management needs
and goals; amendment to the Charter; increase in digital subscriptions and followers; support to
boards and focus on Public Information Act and Open Meetings Act Training; streaming public
meetings; facility needs at the Senior Center; potential for expanding the Youth Advisory Council
(YAC); demands and costs of open records requests; and the potential of rebranding. Galloway
was available throughout to answer questions f rom Council.
Public Works Director Larry Hoover provided an overview of the department’s mission,
responsibilities, goals, achievements, needs, challenges, and policy issues for Council
consideration. There was some discussion regarding topics including: low staffing levels and
aging equipment; a need for asset management, work order tracking, and storm water
management software; need for stable funding sources; cooperation with Tarrant County;
developing a Capital Improvement Plan (CIP) and maintenance schedule; streets in critical
condition; park improvements and events; the arbovirus program; forthcoming upgrades to the
ballfields; coordination with the NPS for trails and regional connectivity; the Park s Master Plan
including connection to the Veloweb; potential creation of a Recreational Division; desire for
community involvement and a common vision for park and open space development; Integrated
Stormwater Management (iSWM) Silver Certification and Texas Commission on Environmental
Quality (TCEQ) MS4 Permit; erosion concerns; and the need to develop the budget, training, and
equipment necessary for the newly-created building maintenance department. Hoover was
available throughout to answer questions from Council.
Library Director Amanda King provided an overview of the department’s mission, responsibilities,
goals, achievements, needs, challenges, and policy issues for Council consideration. There was
some discussion regarding topics including: the economic impact of library services; grants
received; increased utilization of library services; low staffing levels and competitive
compensation; the Limitless Library program; technology updates and needs; need to expand the
Library facility; library automation needs; removing late fees and adding a non-resident fee; and
training needed. King was available throughout to answer questions from Council.
Fire Chief James Brown provided an overview of the department’s mission, responsibilities,
goals, achievements, needs, challenges, and policy issues for Council consideration. There was
some discussion regarding topics including: maintaining full staffing levels and competitive
compensation; continued education and training; AED installation in City facilities; facilty
evaluation and station improvements; evaluation of contracts for EMS billing and the Medical
Director; the need for a capital replacement plan to address aging equipment; technology needs
including staffing and asset management software; evaluation of revenue recovery on fire and
EMS responses; additional public education opportunities; increasing businesses’ compliance
with fire code; and a focus on creating a positive work environment. Chief Brown was available
throughout to answer questions from Council.
Police Chief Tommy Williams provided an overview of the department’s mission, responsibilities,
goals, achievements, needs, challenges, and policy issues for Council consideration. There was
some discussion regarding topics including: advantages of cooperation with Mansfield for DRAFT UNTIL APPROVED BY COUNCIL
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CITY COUNCIL MINUTES | JUNE 01, 2019
dispatch and jail services; continued provision of auto theft task force and School Resource
Officer (SRO) programs after grant funding ended; inaugural Youth Police Academy class; the
reserve program; grant-funded technology improvements; prioritizing training and leadership;
potential for a Community Resource Officer (CRO) and a Citizen Police Academy; succession
planning, low staffing levels, facility expansion, and equipment needs; immediate need for three
more patrol officers and an investigations secretary; desire to add an exercise room; continued
compensation evaluation; population growth and specialized demographic groups; crime rates in
freeway corridors; recruitment of a more diverse workforce; and increased training requirements.
Chief Williams was available throughout to answer questions from Council.
IV. ADJOURNMENT
Mayor Johnson adjourned the meeting at 4:11 p.m.
APPROVED: ATTEST:
BRIAN JOHNSON, MAYOR LESLIE E. GALLOWAY, CITY SECRETARY
DRAFT UNTIL APPROVED BY COUNCIL
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - A.
I. Subject:
Consider appointment of a Mayor Pro Tem
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
At this time the Council will consider appointing a member to serve as Mayor Pro Tem.
From Section 3.03 of the Charter
Mayor and Mayor Pro Tem
The Mayor shall preside at City Council meetings, and shall be recognized as head of the City government. The
Mayor shall have the right to vote only in the event of a tie. The Mayor shall also have veto power. The City Council
shall elect one of its members Mayor Pro Tem. The Mayor Pro Tem shall act as Mayor in the absence of the Mayor
and shall have the same duties and power as the Mayor except veto power. The Mayor Pro Tem shall retain the right
to vote as a Council member.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - B.
I. Subject:
Consider approval of Ordinance 661, increasing the membership of the Youth Advisory Council (YAC) from 15 to 25
places
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
The Youth Advisory Council (YAC) was established by the City Council in January 2013, via adoption of Ordinance
514. At that time, the number of places on this board was set at 15, but as interest in participation has grown (20
applications were received for the 2019-20 YAC), staff would respectfully recommend to the City Council expansion of
the board to accommodate more membership. The attached ordinance would increase the places on the board from
15 to 25.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.O514_Establishing YAC with 15 Places (2013)O514.pdf
2.O661_Expanding YAC from 15 to 25 Places O661_Expanding YAC from 15 to 25 Places.pdf
ORDINANCE NO. 514
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF KENNEDALE, TEXAS BY ADDING A
NEW ARTICLE IX CREATING A YOUTH ADVISORY COUNCIL;
PROVIDING FOR DUTIES, MEMBERSHIP QUALIFICATIONS,
APPOINTMENTS, OFFICERS, MEETINGS, RULES, TERMS,
ABSENCES, REMOVAL, VACNCIES, COMPENSATION, AND
DISPENSATION OF REVENUES; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERALBILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Kennedale City Council wishes to provide opportunities for youth to be
active, informed, and empowered in public service and in government; and
WHEREAS, the Kennedale City Council believes that active youth will positively
contribute to the Council's goal of enhancing our family - friendly community by identifying and
addressing issues related to youth; and
WHEREAS, in an effort to realize its commitment to youth, the City wishes to establish
a Youth Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, AS FOLLOWS:
SECTION 1.
The Kennedale City Code is hereby amended by adding an Article IX, "YOUTH
ADVISORY COUNCIL" to Chapter 16, "PARKS, RECREATION AND CULTURAL
ACTIVITIES," which shall read as follows:
ARTICLE IX: YOUTH ADVISORY COUNCIL
See. 16 -109. Creation and purpose.
a) There is hereby created and established a Youth Advisory Council (YAC) to be
composed of fifteen (15) regular members. Such council shall be officially designated as the
Youth Advisory Council of the City of Kennedale, Texas.
b) The YAC shall study, investigate, plan, implement, and advise the city of matters
related to youth. Specifically, the YAC is assigned with identifying areas for improvement
related to youth, including developing programs and services that empower, support, and inform
youth; that create a family - friendly community; and that enable and encourage youth to be
productive members of the community. The YAC shall serve as an advisory body to the city on
all matters that relate to youth.
Sec. 16 -110. Duties and responsibilities.
a) The YAC shall have all the powers granted herein and shall perform all duties as
provided herein.
b) The YAC shall adopt rules and regulations for the conduct of its meetings and for
defining in detail the duties of its members, officers, and committees.
c) The YAC shall work with the city council and city staff to develop and implement
policies that focus on youth.
d) The YAC shall advise the city council and city staff on important issues that relate
to youth.
e) The YAC shall facilitate the planning and organization of community events and
meetings related to youth.
f) The YAC shall build partnerships with individuals, groups, and organizations that
impact both youth and families.
g) The YAC shall partner with individuals, groups, and organizations in the planning
and implementation of services, supports, and opportunities that impact both youth and families.
h) The YAC shall carry out and implement other directives from the Mayor, city
council, and city staff.
Sec. 16 -111. Membership.
a) The YAC shall consist of fifteen (15) voting members, who broadly represent the
diversity of thought and experience of Kennedale youth. The fifteen voting members shall be
between the ages of 15 and 19. These members shall meet at least one of the following
qualifications:
1) Reside within the corporate boundaries of the City of Kennedale; or
2) Reside within the boundaries of the Kennedale Independent School
District; or
3) Attend a state- recognized school or homeschool within the corporate
boundaries of the City of Kennedale.
b) The following may be ex- officio, non - voting members of the YAC:
1) One (1) resident affiliated with Kennedale youth, appointed by the city
council to serve as facilitator to the YAC.
2) One (1) city staff member appointed by the city manager to serve as a non-
voting, staff liaison to the YAC.
No individual who has been convicted of a felony shall be qualified to serve as an ex-
officio member of the YAC. By submitting an application for appointment to the
YAC, applicants for ex- officio membership must consent to a background check for
such purposes, to the extent provided by law.
Sec. 16 -112. Application and appointment process.
a) Any interested individual who meets the qualifications set in Section 16 -111 may
indicate interest in serving on the YAC by submitting the following information to the city staff
liaison in City Hall:
1) Completed application. Applications will be available at City Hall and on
the city website. Applications will also be distributed to the appropriate
offices at all schools.
2) Applicants for initial appointment must submit two (2) letters of reference.
This is not necessary for applicants who wish to be reappointed.
3) Applicants for initial appointment must submit a short essay describing the
applicant's reasons for wanting to serve on the YAC. This is not necessary
for applicants wishing to be reappointed.
b) All applications will be initially reviewed by the ex- officio members of the YAC.
Selected applications will be given to city council for review. Appointments will be made by the
city council.
Sec. 16 -113. Terms of office.
a) All terms of office for all YAC members shall be one (1) year and will begin on
June 1 and end May 31, with the option of applying for reappointment until the student has
graduated from high school. Reappointments will be based on past participation in and
commitment to YAC activities.
b) The terms of ex- officio representatives shall be as follows:
1) The resident acting as facilitator shall remain in that position until they
resign or are otherwise removed by Council
2) The city staff member acting as liaison shall remain in that position for the
duration of their employment with the city or until removed or replaced by
council.
Sec. 16 -114. Procedural rules and operation.
a) At the first meeting after being sworn into office, the YAC shall elect officers to
serve one (1) year terms. All are eligible for reelection to office during any subsequent
reappointment to the YAC. Officers shall consist of the following:
1) Chair: The person, elected by the members of the YAC, who is
responsible for running meetings, developing agenda items, and
helping all officers with their duties.
2) Vice Chair: The person, elected by the members of the YAC, who
is responsible for running meetings when the Chair is not present
and helping all officers with their duties.
3) Secretary: The person, elected by the members of the YAC, who is
responsible for taking minutes and malting sure the YAC city staff
liaison has the updated minutes.
4) Historian: The person, elected by the members of the YAC, who is
responsible for keeping track of the history of the YAC, including
event documentation, photography, and website content submittal.
b) The YAC shall adopt such rules and regulations governing procedures (bylaws),
and will ensure that they are maintained.
c) The YAC shall meet once each month at a regularly established time and date.
All meetings of the YAC shall be conducted consistent with the City of Kennedale Charter and
the City of Kennedale Municipal Code. Committees of the YAC may meet at any time.
d) A quorum shall consist of a simple majority of members
e) All YAC meetings and records shall be public subject to applicable state law.
Sec. 16 -115. Absences.
Any member who is unable to attend a meeting shall notify the Chair or facilitator in
advance of the meeting, stating the reason for his or her absence. YAC members are permitted
three (3) unexcused absences from regular meetings. Excessive absences will cause a member's
appointment to be reviewed by the YAC officers and ex- officio staff, with potential presentation
to the City Council for action to remove.
Sec. 16 -116. Removal.
Members of the YAC, other than the ex- officio representatives, may be removed by the
city council for inefficiency, excessive absence as defined in Section 16 -115, or other neglect of
duty.
Sec. 116 -117. Compensation.
The members of the YAC shall regularly attend meetings of the YAC and shall receive
ten dollars ($10.00) for each scheduled YAC meeting duly attended as compensation for
performance of their duties.
Sec. 16 -118. Vacancies.
Vacancies occurring on the YAC, other than through the expiration of a term, shall be
filled by appointment by the city council. The original applicant pool for that year's YAC
should be the first source for such a replacement; otherwise new applicants may be recruited.
Sec. 16 -119. Disposition of revenue.
All revenues derived from fundraising or other means associated with the YAC, which
are under the direct control of the city, shall be maintained by the city and deposited to the
appropriate fund for utilization in support of YAC related activities to the extent of citywide
needs as determined by the city council during the annual budgeting of funds for all city
departments.
SECTION 2.
CUMULATIVE
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinances except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of the ordinance are severable, and if any of the remaining
phrases, clauses, sentences, paragraphs, 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.
EFFECTIVE DATE
This ordinance shall be in frill force and effect from and after its passage and it is so
ordained.
PASSED, APPROVED, AND ADOPTED this the 10 day of January 2013.
AYOR,J ' OHN CLARK
ATTEST:
AMETHYST G. C , MO, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
F *N /VO
0''
O_
Rr z
WAYNE K. OLSON, CITY ATTORNEY
Page 1 of 2
O661 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 661
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE IX, “YOUTH
ADVISORY COUNCIL”, OF THE CODE OF ORDINANCES OF THE
CITY OF KENNEDALE, TEXAS, AS AMENDED, BY REVISING THE
MEMBERSHIP OF THE BOARD; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, The City Council previously adopted an ordinance providing for the
creation and appointment of the Youth Advisory Council (YAC); and
WHEREAS, the City Council now desires to amend said ordinance to revise the
provisions regarding membership on the board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Chapter 16, Article IX of the Kennedale City Code is hereby amended by revising
Section 16-109, Creation and purpose, to read as follows:
Sec. 16-109. - Creation and purpose.
(a) There is hereby created and established a youth advisory council (YAC) to be
composed of twenty-five (25) regular members. Such council shall be officially
designated as the youth advisory council of the City of Kennedale, Texas.
(b) The YAC shall study, investigate, plan, implement, and advise the city of matters
related to youth. Specifically, the YAC is assigned with identifying areas for
improvement related to youth, including developing programs and services that
empower, support, and inform youth; that create a family-friendly community; and
that enable and encourage youth to be productive members of the community.
The YAC shall serve as an advisory body to the city on all matters that relate
to youth.
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O661 CITY OF KENNEDALE, TX 2019
SECTION 2.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all other ordinances of the City of
Kennedale, Texas, and shall not repeal any of the provisions of such ordinance except
in those instances when provisions of such ordinances are in direct conflict with the
provisions of this ordinance, in which event the conflicting provisions of such ordinances
are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs or sections of this Ordinance shall be declared
unconstitutional by the valid judgment or decree a 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 shall 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.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, and it
is so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20th DAY OF JUNE, 2019.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
ATTEST:
______________________________
CITY SECRETARY, LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - C.
I. Subject:
Hold a Public Hearing and consider approval of Ordinance 662, designating a tax abatement reinvestment zone for
approximately 13.55 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City of Kennedale,
Texas, and generally located at Linda Road and Gail Drive
• Staff Presentation
• Public Hearing
• Staff Response and Summary
• Action by the City Council
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
In order to provide economic incentives to attract development, the City is required to adopt an ordinance designating
a reinvestment zone – an area in which incentives can be provided. This designation of a reinvestment zone does not,
however, obligate the City to enter into any incentive agreements. The proposed reinvestment zone area is defined by
the boundary of the 13-acre property owned by the Economic Development Corporation on Linda Road at Gail Drive.
It is listed by Tarrant Appraisal District as S. Dick Price Rd. Attached is the proposed ordinance for designation of a
reinvestment zone. Staff will be available to respond to questions.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.O662_Tax Abatement Reinvestment Zone Linda
Road at Gail Drive 2019
O662_Tax Abatement Reinvestment Zone Linda Road
at Gail Drive 2019.pdf
Page 1 of 4, INCLUDING EXHIBIT “A”
O662 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, DESIGNATING A CERTAIN AREA AS A TAX
ABATEMENT REINVESTMENT ZONE FOR COMMERCIAL -
INDUSTRIAL TAX ABATEMENT, WITHIN THE CITY OF KENNEDALE,
TEXAS; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER
MATTERS RELATED THERETO; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Council of the City of Kennedale, Texas (sometimes
hereinafter referred to as the “City”) desires to promote the development or
redevelopment of a certain contiguous geographic area within the City of Kennedale,
Texas, by the creation of a reinvestment zone for commercial-industrial tax abatement
(“Zone”), as authorized by Chapter 312 of the Texas Tax Code, as amended; and,
WHEREAS, a public hearing before the City Council of the City was scheduled
and held at 7:00 p.m. on June 20, 2019, such date being at least seven (7) days after
the date of publication of the notice of such public hearing, pursuant to Section
312.201(d) of the Texas Tax Code, as amended; and,
WHEREAS, the City Council held such public hearing after publishing notice of
such public hearing, and giving written notice to all taxing units overlapping the territory
inside the proposed Zone; and,
WHEREAS, the City at such public hearing invited any interested person to
appear and speak for or against the creation of the Zone, the boundaries of the
proposed Zone, whether all or part of the territory should be included in such proposed
Zone, and the concept of tax abatement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2.
The City, after conducting such public hearing and having heard such evidence
and testimony has made the following findings and determinations based upon the
testimony presented:
Page 2 of 4, INCLUDING EXHIBIT “A”
O662 CITY OF KENNEDALE, TX 2019
(a) That a public hearing on the adoption of the Zone has been properly called, held
and conducted, and that notice of such hearing has been published at least
seven (7) days before the hearing in a newspaper of general circulation within
the City, and mailed to all property taxing units overlapping the territory inside the
proposed Zone at least seven (7) days prior to the public hearing; and
(b) That the boundaries of the Zone should be the area as described in Exhibit A,
which is attached hereto and incorporated herein for all purposes; and
(c) That creation of the Zone for commercial-industrial tax abatement with
boundaries as described in Exhibit A will result in benefits to the City, and to the
land included within the Zone, and the improvements sought are feasible and
practical; and
(d) That the Zone as described and/or depicted in Exhibit A meets the criteria for the
creation of a tax abatement reinvestment zone as set forth in Section 312.202(a)
of the Texas Tax Code, as amended, and in particular Section 312.202(a)(6) of
the Texas Tax Code, in that it is “reasonably likely as a result of the designation
to contribute to the retention or expansion of primary employment or to att ract
major investment in the Zone that would be a benefit to the property and that
would contribute to the economic development of the City”; and
(e) That the Zone as described and/or depicted in Exhibit A meets the criteria for the
creation of a tax abatement reinvestment zone as set forth in the City’s tax
abatement guidelines and criteria; and
(f) That the improvements proposed for the Zone are feasible and practical and
would be a benefit to the land and to the City after the expiration of any tax
abatement agreement.
SECTION 3.
Pursuant to Section 312.201 of the Texas Tax Code, as amended, the City of
Kennedale, Texas, hereby creates the Zone for commercial-industrial tax abatement
encompassing only the area described in Exhibit A, and such Zone is hereby
designated.
SECTION 4.
The Zone shall take effect immediately upon passage of this Ordinance. The
Zone is effective for five (5) years and may be renewed for periods not to exceed five
(5) years. The expiration of the designation of the Zone does not affect an existing tax
abatement agreement.
Page 3 of 4, INCLUDING EXHIBIT “A”
O662 CITY OF KENNEDALE, TX 2019
SECTION 5.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or 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 of this
Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6.
Any provision of any prior ordinance of the City, whether codified or uncodified,
which is in conflict with any provision of this Ordinance, is hereby repealed to the extent
of the conflict, but all other provisions of the ordinances of the City, whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in
full force and effect.
SECTION 7.
This Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, BY A VOTE OF ____TO ____, ON THIS THE 20TH DAY OF
JUNE, 2019.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
ATTEST:
______________________________
CITY SECRETARY, LESLIE E. GALLOWAY
Page 4 of 4, INCLUDING EXHIBIT “A”
O662 CITY OF KENNEDALE, TX 2019
Exhibit “A”
13.552 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City
of Kennedale, as more particularly described in that Deed without Warranty from Goss
International Americas, Inc. to Kennedale Economic Development Corporation,
recorded as Instrument No. D214272907, Tarrant County Real Property Records.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - D.
I. Subject:
Consider authorizing the City Manager to enter into a Tax Abatement and Chapter 380 Agreement with Compressed
Air Systems, L.L.C.
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
In an effort to attract development and jobs to the City of Kennedale, staff has been in discussions with Compressed
Air Systems (CAS) regarding a potential relocation of their facility and employees to Kennedale. CAS is currently
based in Grand Prairie and is seeking to relocate to a property with at least 12 acres to build a 55,000–70,000 square
foot facility. CAS is a family-owned business that has been in operation since February 1980 and has manufactured
over 39,000 compressor packages in the past decade. The company would invest approximately $3 million in a new
facility and bring approximately 72 full-time jobs upon completion of construction, expanding to 90 employees by
2022.
The Economic Development Corporation (EDC) owns a 13.55-acre property on Linda Road (at Gail Drive) that meets
the requirements that CAS needs for their facilities. This is a property that is currently vacant and generates no
property tax revenue to the City. The redevelopment of this property would bring significant value to the city in the
form of property tax and sales tax revenue and job creation. City staff and CAS representatives have worked to
develop a potential economic development agreement for a new CAS facility on the above-mentioned EDC owned
property. The agreement includes the Economic Development Corporation providing 13.55 acres of EDC owned land
on Linda Road to CAS at no cost. This agenda item addresses City controlled incentives and obligations of CAS,
listed below:
CAS will build a new facility of a minimum 50,000 square feet, 15,000 square feet of outside covered storage
and 8,000 square feet of office space and commence construction no later than January 1, 2020
CAS will receive a CO no later than June 1, 2021
CAS will make a capital investment of no less than $2.75 million
CAS continuously operate its business beginning on the CO date and continuing through the term of the
agreement
CAS will maintain a minimum of 65 primary jobs until 2022 and 75 jobs from 2022 through the terms of the
agreement
Incentives will be based on taxable value of the tangible personal property of at least $4 million
City will grant CAS an 80% abatement of City taxes for 10 years, up to $450,000
City will waive all permit fees, not including impact fees
City will pave Linda Road and replace water and sewer infrastructure, with CAS to reimburse City for repaving
up to $150,000
The proposed Tax Abatement and Chapter 380 agreement are attached. Staff recommends approval, and will be
available to answer questions.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.Tax Abatement and 380 - CAS Tax Abatement and 380 - CAS.pdf
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TAX ABATEMENT AND CHAPTER 380 AGREEMENT
BY AND BETWEEN
COMPRESSED AIR SYSTEMS, L.L.C.
AND
THE CITY OF KENNEDALE, TEXAS
This Tax Abatement and Chapter 380 Agreement (“Agreement”) is made and entered
into by and between the City of Kennedale, Texas (“City”) and Compressed Air Systems,
L.L.C., a Texas limited liability company (“Company”), for the purposes and considerations
stated below. City and Company may sometimes hereafter be referred to individually as a
“Party” or collectively as the “Parties.”
WITNESSETH:
WHEREAS, on or about May 21, 2019, the City adopted Resolution No.
_______________ electing to become eligible to participate in tax abatement agreements, in
accordance with Section 312.002(a) of the Texas Tax Code; and
WHEREAS, at such times the City also adopted and/or reaffirmed tax abatement guidelines
and criteria, in accordance with Section 312.002 of the Texas Tax Code (hereinafter referred to as
the “City’s Tax Abatement Guidelines and Criteria”); and
WHEREAS, the City’s Tax Abatement Guidelines and Criteria constitute appropriate
guidelines and criteria governing tax abatement agreements to be entered into by the City, as
contemplated by Chapter 312 of the Texas Tax Code, as amended; and
WHEREAS, on or about __________________, the City Council of the City of Kennedale,
Texas, adopted Ordinance No. _______ establishing a Tax Abatement Reinvestment Zone (“Zone”)
in the City of Kennedale, Texas, for commercial-warehouse tax abatement, as authorized by the
Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code; and
WHEREAS, Company owns or will own the real property located within the Zone; and
WHEREAS, this abatement of real and tangible personal property taxes will maintain and
enhance the economic and employment base of the City, thereby benefiting the City, in accordance
with the Tax Abatement Guidelines and Criteria and the Property Redevelopment and Tax
Abatement Act; and
WHEREAS, the City Council of the City of Kennedale, Texas, finds that the contemplated
use of the Real Property, and the improvements to the Real Property as set forth in this Agreement,
and the other terms hereof are consistent with encouraging continued reinvestment within said
Reinvestment Zone in the City of Kennedale, Texas, in accordance with the purposes for its
creation, and are in compliance with the City’s Tax Abatement Guidelines and Criteria, and Chapter
312 of the Texas Tax Code; and
WHEREAS, Company acknowledges and agrees that the tax abatements granted by this
Agreement are contingent upon its compliance with this Agreement in accordance with the terms
and conditions set forth herein; and DRAFT
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WHEREAS, the City desires to provide incentives to the Company pursuant to Chapter 380
of the Texas Local Government Code to locate Company’s warehouse distribution facility to the
City; and
WHEREAS, the City has concluded and hereby finds that this Agreement promotes
economic development in the City of Kennedale, Texas, and, as such, meets the requirements of
Article III, Section 52-a of the Texas Constitution, by assisting in the development and
diversification of the economy of the State and City, by eliminating unemployment or
underemployment in the State and City, and will enhance business and commercial activity
within the State and City; and
WHEREAS, the City finds that it is in the public interest to provide the tax abatement
and incentives contemplated by this Agreement;
NOW THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
ARTICLE 1
DEFINITIONS
The following words shall have the following meanings when used in this Agreement:
The terms “Agreement”, “City”, “City’s Tax Abatement Guidelines”, “Company”,
“Parties”, “Party”, and “Zone” shall have the meanings provided above.
“Base Year Tax Value” means the assessed value of the Real Property according to the
Tarrant Appraisal District for Tax Year 2019.
“Capital Investment” means the actual cost incurred related to the construction of the
Facility, including the actual construction costs of all buildings, renovations, site preparation,
structures, infrastructure, offsite improvements (if any), utilities, landscaping and onsite
improvements, including labor and materials, engineering costs, surveying costs, fees of
consultants, and permit and inspection fees. It does not include cost of land, insurance costs,
legal fees and expenses, marketing costs or any interest paid to finance the cost of Capital
Investment.
“Certificate of Occupancy” means the document issued by the City to Company
certifying the Facility’s compliance with applicable building codes and other laws, and
indicating it to be in a condition suitable for occupation.
“Commence Construction” means that: (i) the plans have been prepared and all approvals
thereof and permits with respect thereto required by applicable governmental authorities have
been obtained for construction of the Facility; (ii) all necessary permits for the construction of
the Facility on the Real Property pursuant to the respective plans therefore having been issued by
all governmental authorities; and (iii) the entire slab foundation of the Facility has been poured.
DRAFT
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“Effective Date” shall mean the last date this Agreement is executed by the Parties.
“Expiration Date” shall mean the December 31 of the calendar year following the
expiration of the last tax abatement provided herein, unless sooner terminated in accordance with
the terms of this Agreement.
“Event of Bankruptcy or Insolvency” means the dissolution or termination of a Party’s
existence as a going business, insolvency, appointment of receiver for any part of such Party’s
property and such appointment is not terminated within ninety (90) days after such appointment
is initially made, any general assignment for the benefit of creditors, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against such Party and such
proceeding is not dismissed within ninety (90) days after the filing thereof.
“Facility” means the facility to be constructed by Company on the Real Property,
comprising of a minimum of 50,000 square feet of warehouse space, a minimum of 15,000
square feet of outside covered storage, a minimum of 8,000 square feet of office space, as well as
the infrastructure, driveways, parking, landscaping and other improvements required to be
constructed on the Real Property.
“First Year of Abatement” shall mean the second January 1 of the calendar year
immediately following the date Company receives a Certificate of Occupancy for the Facility.
“Force Majeure” means any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of the Party), fires, explosions, floods, strikes, slowdowns or work
stoppages.
“Full-Time Equivalent Jobs” means any employee on a forty (40) hour or more per week
schedule or the combination of two (2) or more employees on part-time schedules equaling at
least forty (40) hours per week.
“Impositions” means all taxes, assessments, use and occupancy taxes, charges, excises,
license and permit fees, and other charges by public or governmental authority, general and
special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed,
charged, levied, or imposed by any public or governmental authority on Company or any
property or any business owned by Company within the City.
“Real Property” means approximately 13.55 acres of land and the Facility constructed on
such land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City of Kennedale
{need plat reference}
“Related Agreement” means any agreement (other than this Agreement) by and between
City and Company.
“Tangible Personal Property” shall have the same meaning assigned by Texas Tax Code, DRAFT
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Section 1.04, and shall mean Tangible Personal Property owned by Company, including but not
limited to furniture, fixtures, leasehold improvements, vehicles and equipment located at the
Real Property (or within the Facility) which, at the time of execution of this Agreement is not on
the tax rolls of the City. Tangible Personal Property does not include inventory, supplies,
Freeport Goods or Goods in Transit.
“Tax Year” shall have the meaning assigned to such term in Section 1.04 of the Texas
Tax Code (i.e., the calendar year).
“Taxable Value” means the appraised value as certified by the Tarrant Appraisal District
as of January 1 of a given year.
“Term” shall have the meaning assigned to such term in Section 2.2.
ARTICLE 2
PROGRAM AND TERM
2.1 Program. A program authorized under Chapter 380 of the Texas Local Government
Code is hereby established to bring the Company to the City. The terms of this Agreement shall
implement the program.
2.2 Term. The Term of this Agreement will commence on the Effective Date and will
continue until the Expiration Date, unless sooner terminated as provided herein.
ARTICLE 3
COMPANY OBLIGATIONS
As consideration for the tax abatements, fee waivers, and other incentives provided by
City, the Company agrees and covenants as follows:
3.1 Construction of Facility. Company agrees to design and construct, or cause to be
designed and constructed, the Facility. Company must (i) Commence Construction of the Facility
no later than January 1, 2020; and (ii) receive a Certificate of Occupancy for the Facility no later
than June 1, 2021.
3.2 Capital Investment. Company agrees to make a Capital Investment of no less than
$2,750,000.00 and provide documentation of the expenditure of the Capital Investment in a
manner and form reasonably acceptable to the City Manager of City no later than July 1, 2021.
3.3 Occupancy. Company agrees to continuously operate its business within the Facility
beginning on the date the Company receives a Certificate of Occupancy for the Facility and
continuing thereafter throughout the Term of this Agreement.
3.4 Full-Time Equivalent Jobs. Company covenants and agrees that it shall employ (or cause
to be employed) no fewer than 65 Full-Time Equivalent Jobs at the Facility by January 1, 2022 DRAFT
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and maintain no fewer than 75 Full-Time Equivalent Jobs at the Facility from January 1, 2022
throughout the Term of this Agreement.
3.5 Taxable Value. Company agrees that beginning on the commencement of the First Year
of Abatement and continuing thereafter throughout the Term, the total Taxable Value of the
Tangible Personal Property and Real Property will be at least $4,000,000.
3.6 Good Standing. Company shall not have an uncured breach or default of this Agreement
or a Related Agreement.
3.7 Audit. Company shall grant access to City, or such other persons or entities designated
by City for the purposes of inspecting, at Company’s office, during Company’s normal business
hours, paper and electronic records, books, documents, tangible accounting procedures, tangible
practices or any other items related to Company’s performance of this Agreement (“Company
Records”), provided that City has provided five (5) business days prior notice, and City or its
representatives shall not unduly disrupt Company's operations. The foregoing notwithstanding,
all records, books, documents, accounting procedures, practices or any other items relevant to the
performance of this Agreement shall be subject to examination or audit by City, or such other
persons or entities designated by City in accordance with state and federal laws, regulations or
directives applicable to Company’s performance of this Agreement. City agrees, to the extent
allowed by law, to maintain the confidentiality of the Company Records.
ARTICLE 5
TAX ABATEMENT AND INCENTIVES
Subject to Company’s continued satisfaction of its obligations as required by this
Agreement, and subject to the provisions of this section, City will be obligated to do the
following:
5.1 Tax Abatement.
(a) Subject to the terms and conditions of this Agreement, City hereby grants
Company an abatement of eighty percent (80%) of the Taxable Value of the Real
Property and grants Company an abatement of eighty percent (80%) of the Taxable Value
of the Tangible Personal Property, for a period of ten (10) consecutive years, beginning
with the First Year of Abatement. The actual percentage of Taxable Value of the Real
Property subject to abatement for each year this Agreement is in effect will apply only to
the portion of the Taxable Value of the Real Property that exceeds the Base Year Tax
Value. The actual percentage of Taxable Value of the Tangible Personal Property subject
to abatement for each year this Agreement is in effect will apply only to Company’s
Tangible Personal Property that is added to the Facility subsequent to the execution of
this Agreement. Notwithstanding any term in this Agreement to the contrary, the amount
of taxes abated under this Agreement will not exceed $450,000.
(b) Notwithstanding the foregoing, if as of January 1 of any given Tax Year, the
Taxable Value of the Tangible Personal Property and Real Property is below $4,000,000 DRAFT
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as required by Section 3.5, Company will not be entitled to any abatement. The failure of
the value of the Tangible Personal Property and Real Property to have a Taxable Value of
$4,000,000 as of January 1 of any given Tax Year shall not be an event of default subject
to termination and repayment pursuant to Section 6.2 of this Agreement, but shall result
in the forfeiture of the tax abatement for such Tax Year.
(c) The Real Property and Facility are not in an improvement project financed by tax
increment bonds.
(d) This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
(e) The Real Property is not owned or leased by any member of the City’s City
Council or any member of the City’s Planning and Zoning Commission.
(f) Company shall, before May 1 of each calendar year that the Agreement is in
effect, certify in writing to the City that it is in compliance with each term of the
Agreement.
(g) The Real Property and the Facility constructed thereon at all times shall be used in
the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance and all
other City development and building regulations, as amended, and (ii) that, during the
period taxes are abated hereunder, is consistent with the general purposes of encouraging
development or redevelopment of the Zone.
(h) It shall be the responsibility of Company to file an annual exemption application
form for the Real Property and Tangible Personal Property with Tarrant Appraisal
District. A copy of the respective exemption application shall be submitted to the City
upon request.
(i) Company shall annually render the value of the Tangible Personal Property to the
Tarrant Appraisal District, and provide a copy of the same to City upon written request.
(j) Company agrees to provide access to and authorize inspection of the Real
Property and Facility by City employees to ensure that the Facility is constructed in
accordance to the specifications and conditions of this Agreement.
5.4 Permit Fee Waiver. The City agrees to waive 100% of the following permit and related
fees for construction of the Facility: building permit fees, electrical permit fees, mechanical
permit fees, plumbing permit fees, plan review fees, and lighting plan review fees. Any fees not
referenced herein as being waived are specifically deemed not to be waived by the City.
5.5 Road and Utility Improvements. City agrees to repave a portion of Linda Road, from
Dick Price Road to the Company’s future driveway entrance on the Property as shown on the
attached Exhibit A, meeting all City standards and specifications. City will also replace water
and sewer infrastructure under or adjacent to Linda Road. City will make the water and sewer DRAFT
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improvements at its sole cost and expense. As a condition to receiving a Certificate of
Occupancy for the Facility, Company will reimburse City for the repaving of Linda Road in an
amount equal to the lesser of (i) the actual cost of construction of such repaving; or (ii) $150,000.
Although City will be responsible for the procurement and construction of the improvements
contemplated by this section, the Parties agree to cooperate together in good faith without
unreasonable delay throughout the process to ensure that such improvements are made in a
timely manner.
ARTICLE 6
TERMINATION; REPAYMENT; OFFSET
6.1 Termination. This Agreement terminates on the Expiration Date, and may, prior to the
Expiration Date, be terminated upon any one or more of the following:
(a) by mutual written agreement of the Parties;
(b) upon written notice by either Company or City, if the other Party defaults or
breaches any of the terms or conditions of this Agreement and such default or breach is
not cured within thirty (30) days after written notice thereof;
(c) upon written notice by City, if any Impositions owed to City or the State of Texas
by Company shall have become delinquent;
(d) upon written notice by City, if Company suffers an event of Bankruptcy or
Insolvency;
(e) upon written notice by City, if any subsequent Federal or State legislation or any
decision of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal, or unenforceable.
6.2 Repayment. In the event this Agreement is terminated by City pursuant to Section 6.1
(b), (c), (d), or (e), Company shall immediately refund to City: (i) an amount equal to the amount
of all fee waivers that have been provided by City to Company prior to the date of such
termination, plus interest at the rate of interest periodically announced by the Wall Street Journal
as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to
exist or cease to announce a prime or base lending rate, then at the annual rate of interest from
time to time announced by Citibank, N.A. (or by any other New York money center bank
selected by City) as its prime or base commercial lending rate, accruing from the Effective Date
until paid; and (ii) the amount of all Tangible Personal Property and Real Property taxes abated
under this Agreement. The repayment obligations of Company set forth in this Section shall
survive termination of this Agreement.
6.3 Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Company, regardless of
whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or DRAFT
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otherwise, and regardless of whether or not the debt due City has been reduced to judgment by a
court.
ARTICLE 7
MISCELLANEOUS
7.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and assigns of the Parties.
7.2 Limitation on Liability. It is understood and agreed between the Parties that
Company, in satisfying the conditions of this Agreement, is deemed to have acted independently,
and City assumes no responsibilities or liabilities to third parties in connection with these
actions.
7.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
7.4 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
7.5 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter if sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the Party at the address set forth below (or such other
address as such Party may subsequently designate in writing) or on the day actually received if
sent by courier or otherwise hand delivered.
If intended for City, to: City of Kennedale, Texas
Attn: Economic Development Director
2121 Cross Timbers Rd.
Kennedale, TX 75028
With a copy to: Kennedale City Attorney
Taylor, Olson, Adkins, Sralla & Elam, LLP
6000 Western Place, Suite 200
Fort Worth, Texas 76107
If intended for Company, to: Compressed Air Systems, LLC
____________________________
____________________________
____________________________ DRAFT
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7.6 Entire Agreement. This Agreement is the entire agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any exhibits attached hereto.
7.7 Governing Law. This Agreement shall be governed by the laws of the State of
Texas, and exclusive venue for any action concerning this Agreement shall be in a State District
Court of Tarrant County, Texas.
7.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
7.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
7.10 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute
one and the same instrument.
7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
7.12 Successors and Assigns. This Agreement may not be assigned without the prior
written consent of the City.
7.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
7.14 Limitation of Damages. The Parties agree that no Party will be liable to the other
under this Agreement for indirect, special, consequential damages (including lost profits), or
exemplary damages.
7.15 Legislative or Judicial Changes. In the event of any legislative or judicial
interpretation that limits or restricts City’s ability to abate taxes, or otherwise extracts or imposes
any penalty or other restriction upon the abatement of taxes, abatements will cease as of the
effective date of such limitation or restriction and be of no further force, effect, or consequence
in which event City shall be under no further obligation to Company or City as of the effective
date of such limitation or restriction. DRAFT
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7.16 Undocumented Workers. Company certifies that Company, and its branches,
divisions and departments, do not and will not knowingly employ an undocumented worker in
accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term
of this Agreement, Company, or any of its branches, divisions or departments is convicted of a
violation under 8 U.S.C. § 1324a(f), Company shall repay the amount of the public subsidy
provided under this Agreement plus interest, at the rate of six percent (6%), not later than the
120th day after the date City notifies Company of the violation.
7.17 Governmental Function. The Parties agree that this Agreement concerns tax
collection and serves the public purpose of contributing to the retention or expansion of primary
employment or to attraction of major investment in the reinvestment zone that would be a benefit
to the Real Property. The Parties further agree this Agreement serves the public purpose of
assisting in the development and diversification of the economy of the City and the State of
Texas, eliminating unemployment or underemployment of the State, and developing and
expanding commerce in the State, and is for all purposes a governmental function of City for the
benefit of the citizens of City and the State of Texas. The Parties further agree that this
Agreement is entered into for the purpose of carrying out governmental functions which are
enjoined on the City by law and given to it by the State of Texas as part of the State’s
sovereignty.
7.18 Attorney’s Fees. In the event it should become necessary to take legal action to
interpret or enforce the terms of this Agreement, the prevailing Party in such action shall be
entitled to recover from the non-prevailing Party reasonable attorney’s fees and costs of court.
[Signatures on following page]
DRAFT
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, on this _____ day of _____________, 2019.
CITY:
CITY OF KENNEDALE, TEXAS
Brian Johnson, Mayor
STATE OF TEXAS )
)
COUNTY OF TARRANT )
This instrument was acknowledged before me on the ____ day of _____________, 2019,
Brian Johnson, Mayor of the City of Kennedale, Texas, a Texas home rule municipality, on
behalf of said City.
Notary Public, State of Texas
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COMPANY:
COMPRESSED AIR SYSTEMS, LLC
By: ________________________________
Name: _______________________________
Title: ________________________________
STATE OF ___________ )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the ____ day of _____________, 2019,
by ___________, the ___________ of COMPRESSED
AIR SYSTEMS, LLC, a Texas limited liability company, on behalf of said limited liability
company.
Notary Public, State of Texas
DRAFT
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EXHIBIT A
Roadway and Utility Improvements DRAFT
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - E.
I. Subject:
Consider authorizing the EDC President to enter into an Economic Development and Performance Agreement with
Compressed Air Systems, L.L.C
II. Originated by:
George Campbell, City Manager
III. Summary:
In an effort to attract development and jobs to the City of Kennedale, staff has been in discussions with Compressed
Air Systems (CAS) regarding a potential relocation of their facility and employees to Kennedale. CAS is currently
based in Grand Prairie and is seeking to relocate to a property with at least 12 acres to build a 55,000–70,000 square
foot facility.
CAS is a family-owned business that has been in operation since February 1980 and has manufactured over 39,000
compressor packages in the past decade. The company would invest approximately $3 million in a new facility and
bring approximately 72 full-time jobs upon completion of construction, expanding to 90 employees by 2022.
The Economic Development Corporation (EDC) owns a 13.55-acre property on Linda Road (at Gail Drive) that meets
the requirements that CAS needs for their facilities. This is a property that is currently vacant and generates no
property tax revenue to the City. The redevelopment of this property would bring significant value to the city in the
form of property tax and sales tax revenue and job creation. Although a challenging site to develop because of the
topography, the site works well for loading docks that CAS needs.
City staff and CAS representatives have worked to develop a potential economic development agreement for a new
CAS facility on the above EDC property. The Economic Development Corporation board discussed potential terms for
an agreement regarding the EDC owned land with CAS and voted unanimously to support the following terms at their
regular meeting on May 28, 2019:
CAS will execute the contract of sale within 30 days
CAS will build a new facility of a minimum 50,000 square feet, 15,000 square feet of outside covered storage
and 8,000 square feet of office space and commence construction no later than January 1, 2020
CAS will receive a CO no later than June 1, 2021
CAS will make a capital investment of no less than $2.75 million
CAS continuously operate its business beginning on the CO date and continuing through the term of the
agreement
CAS will maintain a minimum of 65 primary jobs until 2022 and 75 jobs from 2022 through the terms of the
agreement
EDC to provide above-mentioned property to CAS at no cost
The proposed Economic Development and Performance Agreement with Compressed Air Systems, L.L.C. is
attached. Staff recommends approval, and will be available to answer questions.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
1.Performance Agreement 6 3 19 CAS Performance Agreement 6 3 19 CAS.pdf
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ECONOMIC DEVELOPMENT AND PERFORMANCE AGREEMENT
BY AND BETWEEN THE
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
AND
COMPRESSED AIR SYSTEMS, L.L.C.
This Economic Development and Performance Agreement (“Agreement”) is made and
entered into by and between the KENNEDALE ECONOMIC DEVELOPMENT
CORPORATION (“Corporation”), a nonprofit corporation organized under Title 12, Subtitle
C1, of the Texas Local Government Code (“Act”), and COMPRESSED AIR SYSTEMS, L.L.C.,
a Texas limited liability company (“Company”). Company and the Corporation may sometimes
hereafter be referred to individually as a “party” or collectively as the “parties.”
RECITALS:
WHEREAS , Corporation owns a tract of real property situated in the City of
Kennedale, Texas, being that certain 13.55 acres of land, more or less, known as Lot 1A2, Block
1 of the Harris Corporation Addition, City of Kennedale (“Property”); and
WHEREAS, Company desires to acquire the Property from Corporation for the purpose
of constructing a new warehouse manufacturing facility and relocating its business to the City of
Kennedale; and
WHEREAS, Company desires to also seek incentives from the City of Kennedale and
anticipates to enter into an Economic Development Agreement (as defined below) with the City
for such purposes; and
WHEREAS, as a term of the Economic Development Agreement, City, at its cost, will
be replacing water and sewer infrastructure under or adjacent to Linda Road, which abuts the
Property; and
WHEREAS, City, at Company’s cost, will be reconstructing the pavement on a portion
of Linda Road from Dick Price Road to the Company’s future driveway entrance on the
Property; and
WHEREAS, Company and Corporation desire to enter into a contract of sale whereby
Corporation will convey the Property to Company at no price; and
WHEREAS, at closing, Company will execute a Deed of Trust (as defined below) to
secure its obligations under this Agreement; and
WHEREAS, in consideration of Corporation conveying the Property to Company,
Company agrees to make certain improvements, achieve a defined capital investment, and create
and maintain primary jobs as further described in this Agreement; and
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WHEREAS, in the event Company were to default on its obligations within this
Agreement, the Loan (as described below) will become due and payable; and
WHEREAS, the sale of the property is a “project” under the Act and the Board of
Directors of Corporation finds that the land will be used for the creation or retention of primary
jobs and is required or suitable for the development, retention, or expansion of manufacturing
and industrial facilities.
NOW THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement, the following words and phrases shall have the
following meanings unless the context clearly indicates a different meaning:
“Act,” “Agreement,” “Corporation,” and “Company,” have the meanings set forth above.
“Appraised Value” has the meaning as described in Section 4.02(a) of this Agreement.
“Capital Investment” means the actual cost incurred related to the construction of the
Facility, including the actual construction costs of all buildings, renovations, site preparation,
structures, infrastructure, offsite improvements (if any), utilities, landscaping and onsite
improvements, including labor and materials, engineering costs, surveying costs, fees of
consultants, and permit and inspection fees. It does not include cost of land, insurance costs,
legal fees and expenses, marketing costs or any interest paid to finance the cost of Capital
Investment.
“CO Date” is the date on which Company receives a Certificate of Occupancy for the
Facility.
“Certificate of Occupancy” means the document issued by the City to Company
certifying that the Facility is in compliance with applicable building codes and other laws, and
indicating it to be in a condition suitable for occupancy.
“City” means the City of Kennedale, Texas.
“Contract of Sale” means the contract between Corporation and Company attached hereto
as Exhibit A.
“Commence Construction” means that: (i) the plans have been prepared and all approvals
thereof and permits with respect thereto required by applicable governmental authorities have
been obtained for construction of the Facility; (ii) all necessary permits for the construction of
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the Facility on the Property pursuant to the respective plans therefore having been issued by all
governmental authorities; and (iii) the entire slab foundation of the Facility has been poured.
“Deed of Trust” means the deed of trust which secures the Loan and which is attached to
the Contract of Sale.
“Director” means the Executive Director of Corporation.
“Economic Development Agreement” means the Tax Abatement and 380 Agreement
executed on ______________ between Company and City.
“Effective Date” means the date this Agreement is fully executed by both the Corporation
and Company.
“Expiration Date” shall mean the date the Economic Development Agreement between
Company and City terminates.
“Facility” means the facility to be constructed by Company on the Property, comprising
of a minimum of 50,000 square feet of warehouse space, a minimum of 15,000 square feet of
outside covered storage, a minimum of 8,000 square feet of office space, as well as the
infrastructure, driveways, parking, landscaping and other improvements required to be
constructed on the Property.
“Loan” means the lesser of $300,000 or the Appraised Value, which represents the value
of the Property, and as further described in Section 4.02 of this Agreement.
“Property” means 13.55 acres of land, more or less, known as Lot 1A2, Block 1 of the
Harris Corporation Addition, City of Kennedale {need plat reference}.
“Term” means the term of this Agreement as described in Article 2 of this Agreement.
“Title Company” means Reunion Title, 1000 N. Walnut Creek Drive, Mansfield, Texas
76063, or another title Company at Corporation’s discretion.
ARTICLE 2
TERM
The Term of this Agreement will begin on the Effective Date and continue thereafter
until the Expiration Date, unless terminated earlier in accordance with the terms of this
Agreement.
ARTICLE 3
COVENANTS OF COMPANY
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3.01 Company Obligations. In consideration of Corporation agreeing to sell the Property to
Company in accordance with the terms and conditions of this Agreement and the Contract of
Sale, Company, agrees to:
(a) Execute the Contract of Sale within (thirty) 30 days of the Effective Date;
(b) Commence Construction of the Facility no later than January 1, 2020;
(c) Receive a Certificate of Occupancy for the Facility no later June 1, 2021;
(d) Make a Capital Investment of no less than $2,750,000.00 and provide
documentation of the expenditure of the Capital Investment in a manner and form reasonably
acceptable to the Director no later than July 1, 2021.
(e) Continuously operate its business within the Facility beginning on the CO Date
and continuing throughout the Term of this Agreement; and
(f) From the CO Date until January 1, 2022, create and maintain 65 primary jobs, as
that term is defined in section 501.002 of the Act, as amended, within Facility, and create and
maintain 75 primary jobs from January 1, 2022 throughout the Term of this Agreement.
ARTICLE 4
TERMINATION AND REMEDIES
4.01 Termination. This Agreement may be terminated upon any one or more of the
following:
(a) by mutual written agreement of the parties; or
(b) upon written notice by Corporation, if:
(i) Company fails to execute the Contract of Sale;
(ii) upon written notice by Corporation, if the Contract of Sale is terminated or
the sale of the Property to Company otherwise fails to close; or
(c) upon written notice by Corporation, if Company defaults or breaches any of the
other terms or conditions of this Agreement and such default or breach is not cured within thirty
(30) days after written notice thereof.
4.02 Remedies.
(a) In the event this Agreement is terminated by Corporation under Section 4.01(c),
Company will be obligated to pay the Loan to Corporation. The amount of the Loan to be repaid
will be the lesser of: (i) the fair market value of the Property as appraised at the time of
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termination of this Agreement (“Appraised Value”); or (ii) $300,000. The Appraised Value
will be determined by an independent appraiser selected by the Director. The appraiser will
deliver his or her appraisal to the Parties, and Company must pay the Loan to Corporation within
30 days of its receipt of the appraisal.
(b) Notwithstanding the provisions hereof, the Loan shall be forgiven and not be
payable to Corporation upon completion of the affirmative covenants specified in Section 3 of
this Agreement. However, the Loan, not previously forgiven under the foregoing, shall not be
forgiven in the event this Agreement is terminated under Section 4.01(c), and shall become
immediately due and payable in accordance with this Agreement.
(c) In the event this Agreement is terminated under Section 4.01(c), Corporation, and its
successors and assigns, will be entitled to foreclose on the Deed of Trust; provided however,
once Company has commenced construction in compliance Section 3.01(b) of this Agreement,
Corporation will not be entitled to foreclose on the Deed of Trust, and its only remedies are
collecting on this Agreement, or any other remedy available at law or in equity.
(d) Corporation’s remedies under this section 4.02 will survive the termination of this
Agreement.
ARTICLE 5
INDEMNIFICATION
COMPANY, IN PERFORMING THE OBLIGATIONS UNDER THIS
AGREEMENT, IS ACTING INDEPENDENTLY, AND THE CORPORATION
ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO THIRD PARTIES IN
CONNECTION WITH THE FACILITY. COMPANY AGREES TO INDEMNIFY, AND
HOLD HARMLESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AGENTS,
EMPLOYEES, AND VOLUNTEERS IN BOTH THEIR OFFICIAL AND INDIVIDUAL
CAPACITIES, FROM AND AGAINST CLAIMS, SUITS, DEMANDS, LOSSES,
DAMAGES, CAUSES OF ACTION, AND LIABILITY OF EVERY KIND, INCLUDING,
BUT NOT LIMITED TO, EXPENSES OF LITIGATION OR SETTLEMENT, COURT
COSTS, AND ATTORNEYS FEES WHICH MAY ARISE DUE TO ANY DEATH OR
INJURY TO A PERSON OR THE LOSS OF USE, OR DAMAGE TO PROPERTY,
ARISING OUT OF OR OCCURRING AS A CONSEQUENCE OF THE
PERFORMANCE BY COMPANY OF THE OBLIGATIONS UNDER THIS
AGREEMENT, INCLUDING ANY ERRORS OR OMISSIONS, OR NEGLIGENT ACT
OR OMISSION OF COMPANY, OR ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS.
ARTICLE 6
ACCESS TO INFORMATION
Upon the Corporation’s request, Company agrees to provide the Corporation access to
contract documents, invoices, receipts and reports related to the Facility to verify Company’s
compliance with this Agreement. Additionally, Company shall, before January 1 of each
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calendar year that the Agreement is in effect, certify in writing to Director that it is in compliance
with each term of the Agreement, including, but not limited to primary job obligations in Article
3 of this Agreement.
ARTICLE 7
GENERAL PROVISIONS
7.01 Mutual Assistance. Company and the Corporation shall do all things reasonably
necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and
assist each other in carrying out such terms and provisions.
7.02 Representations and Warranties. Company represents and warrants to the Corporation
that it has the requisite authority to enter into this Agreement. Company represents and warrants
to the Corporation that it will not violate any federal, state or local laws in operating the
business, and that the Facility shall conform to the applicable building codes, zoning ordinances
and all other ordinances and regulations.
7.03 Section or Other Headings. Section or other headings contained in this Agreement are
for reference purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
7.04 Entire Agreement. This Agreement, the Economic Development Agreement, the
Contract of Sale, the Deed of Trust, and their exhibits contain the entire agreement between the
parties with respect to the transaction contemplated herein.
7.05 Amendment. This Agreement may only be amended, altered, or revoked by written
instrument signed by Company and the Corporation.
7.06 Assignment. This Agreement shall be binding on and inure to the benefit of the parties,
their respective successors and assigns. Company may not assign any portion of this Agreement
without the prior approval of Corporation.
7.07 Notice. Any notice required or permitted to be delivered by this Agreement shall be
deemed delivered by depositing same in the United States mail, certified with return receipt
requested, postage prepaid, addressed to the appropriate party at the following addresses, or at
such other addresses provided by the parties in writing:
COMPANY: Compressed Air Systems
______________________
______________________
ATTN:
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CORPORATION: Kennedale Economic Development Corporation
405 Municipal Dr.
Kennedale, TX 76060
Attn: Executive Director
With a copy to: Kennedale Economic Development Corporation Attorney
Taylor, Olson, Adkins, Sralla & Elam, LLP
6000 Western Place, Suite 200
Fort Worth, Texas 76107
7.08 Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall,
in the event of any dispute over its meaning or application, be interpreted fairly and reasonably,
and neither more strongly for or against any party.
7.09 Applicable Law/Venue. This Agreement is made, and shall be construed and interpreted
under the laws of the State of Texas; exclusive venue for any legal action arising out of this
Agreement shall lie in Tarrant County, Texas.
7.10 Severability. In the event any provision of this Agreement is ruled illegal, invalid, or
unenforceable by any court of proper jurisdiction, under present or future laws, then and in that
event, it is the intention of the parties hereto that the remainder of this Agreement shall not be
affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each
clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to
this Agreement, upon which the parties must agree, and which is legal, valid and enforceable and
is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
7.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
7.12 No Joint Venture. Nothing contained in this Agreement is intended by the parties to
create a Company or joint venture between the parties.
7.13 Force Majeure. If either party hereto shall be delayed or hindered in or prevented from
the performance of any act required hereunder (other than the payment of money) by reason of
strikes, lockouts, inability to procure materials, failure of power, governmental moratorium or
other governmental action or inaction (including, failure, refusal or delay in issuing permits,
approvals or authorizations), injunction or court order, terrorist attacks, riots, insurrection, war,
fire, earthquake, flood or other natural disaster or other reason of a like nature not the fault of the
party delaying in performing work or doing acts required under the terms of this Agreement (but
excluding delays due to financial inability), then performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay, provided that the foregoing shall not be applicable
to any payment obligation of either party under this Agreement.
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7.14 Attorney’s Fees. In the event it should become necessary to take legal action to interpret
or enforce the terms of this Agreement, the prevailing party in such action shall be entitled to
recover from the non-prevailing party reasonable attorney’s fees and costs of court.
7.15 Limitation of Liability. The parties further agree that neither party will be liable to the
other under this Agreement for indirect, special, consequential (including lost profits), or
exemplary damages.
7.16 Governmental Function. The parties agree that this Agreement serves the public
purpose of assisting in the development and diversification of the economy of City and the State
of Texas, eliminating unemployment or underemployment of the State, and developing and
expanding commerce in the State, and is for all purposes a governmental function of City and
Corporation for the benefit of the citizens of City and the State of Texas. The parties further
agree that this Agreement is entered into for the purpose of carrying out governmental functions
which are enjoined on Corporation, by virtue of its relationship with its authorizing unit, the City
of Kennedale, by law, and given to it by the State of Texas as part of the State’s sovereignty.
7.17 City Council Approval. This Agreement, and any subsequent amendment to this
Agreement, is not valid unless first approved by the City Council of the City of Kennedale.
7.18 Full Execution Required. This Agreement will not be binding on either party unless
fully executed by both parties.
7.19 Recording. The parties agree that Corporation may record this Agreement and its
exhibits in the Real Property Records of Tarrant County, Texas.
[Signatures on following page]
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KENNEDALE ECONOMIC
DEVELOPMENT CORPORATION
By: ______________________________
Mark Yeary, Board President
Date: ____________________________
ATTEST:
_____________________________
Board Secretary
COMPRESSED AIR SYSTEMS, L.L.C.,
a Texas limited liability company
By: ______________________________
Name: ____________________________
Title: ______________________________
Date: _______________________________
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EXHIBIT “A”
The Contract of Sale
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - F.
I. Subject:
Consider approval of Ordinance 663, amending the Kennedale Municipal Code, by amending Exhibit A “Schedule of
Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to provide for a residential building permit fee
based on square footage
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
Staff is proposing an amendment to the adopted schedule of administrative fees in response to the passing of H.B.
852 (attached) relating to information a municipality may consider in determining the amount of certain residential
building permit and inspection fees.
This bill was passed by the State Legislature on May 21, 2019 (effective immediately), and prohibits municipalities
from considering certain measures of the valuation of a structure when determining building and inspection fees and
would prohibit certain disclosures as a condition of obtaining a permit. These fees have historically been calculated
based on valuation because construction costs usually relate to the complexity of plans under review. However, under
the proposed amended fee schedule, permit fees will now be calculated using square footage, in keeping with the
requirements of H.B. 852.
Current residential building permit fees are determined based on the valuation of the project. Staff researched fees
related to square footage that have been recently adopted by other cities. Staff also analyzed various rates per square
foot and compared the fees for the most common types of new construction to current fees. Staff is proposing
calculating residential building permit fees for new construction at $0.85 per square foot (rather than by value of
construction). Staff will be available to respond to questions.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.Texas-2019-HB852-Enrolled Texas-2019-HB852-Enrolled.pdf
2.O663_Schedule of Fees Update Regarding
Residential Permit Fees
O663_Schedule of Fees Update Regarding Residential
Permit Fees.pdf
Page 1 of 13, INCLUDING EXHIBIT “A”
O663 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 663
AN ORDINANCE AMENDING THE KENNEDALE CITY CODE, BY
AMENDING EXHIBIT A “SCHEDULE OF FEES” OF SECTION 2-3,
“FEES FOR LICENSES, INSPECTIONS, PERMITS, ETC.” TO PROVIDE
FOR A RESIDENTIAL BUILDING PERMIT FEE BASED ON SQUARE
FOOTAGE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City has previously adopted regulations for the issuance of
building permits within the City and has provided for the collection of fees in connection
therewith; and
WHEREAS, the City Council, after due and careful consideration, considers it
desirable and in the best interest of the health, safety, morals and gener al welfare of the
citizens to amend the fees related to the issuance of residential building permits within
the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The Schedule of Fees adopted in Section 2-3 “Fees for licenses, inspections,
permits, etc.” of the Kennedale City Code is hereby amended to distinguish between
residential building permit fees and non-residential building permit fees as shown on
Exhibit “A” to this Ordinance.
SECTION 3.
This ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinances. All fees in Exhibit
A “Schedule of Fees” of Section 2-3 “Fees for licenses, inspections, permits, etc.” that
are not revised in Exhibit “A” to this Ordinance shall remain unchanged.
Page 2 of 13, INCLUDING EXHIBIT “A”
O663 CITY OF KENNEDALE, TX 2019
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
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 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 Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code or any other ordinances
regulating noise 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 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication and it is so ordained.
Page 3 of 13, INCLUDING EXHIBIT “A”
O663 CITY OF KENNEDALE, TX 2019
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20th DAY OF JUNE, 2019.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
ATTEST:
______________________________
CITY SECRETARY, LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, DREW LARKIN
Page 4 of 13, INCLUDING EXHIBIT “A”
O663 CITY OF KENNEDALE, TX 2019
EXHIBIT A
SERVICE COST NOTESCredit Card PaymentsMunicipal Court and Permitting 3.0%When payment of any fee, fine, court cost, or other charge related to Kennedale Permitting is made by credit card via phone, online or in‐person, a fee equaling three (3) percent per fee, fine, or other charge paid by credit card will be added to the fee, fine, or other charge paid.Utility Billing 2.8%When payment of any utility billing charge related to Kennedale Utility Billing is made by credit card via phone, mail, online or in‐person to City of Kennedale or Fathom Global, a fee equaling 2.8 percent per fee, fine or other charge paid by credit card will be added to the charge paid. Other Departments Not Listed No ChargeWhen payment of any fee or other charge related to any other miscellaneous activity not listed department is made by credit card online, by phone (817‐985‐2120), or in‐person, no fee will be required.Returned Check/Declined Credit Transaction Fee (All Departments)$30.00Lien Assessment Fee Actual CostPlus $100.00 administrative feeMowing, Cleaning, and/or Boarding Property (By Contractor)Actual CostPlus $100.00 administrative feeGeneral Reservations (Residents and Non‐Residents)$25.00Per two (2) hour blockKennedale Youth Association (KYA) Annual Lease AgreementDeposit (applies to all Community Center rentals)$150.00May be returned, dependent upon satisfactory inspection by staff$40.00Per hour, during library's normal hours; Minimum of $100 charge per rental$50.00Per hour, during library's closed hours; Minimum of $100 charge per rental$30.00Per hour, during library's normal hours; Minimum of $100 charge per rental$40.00Per hour, during library's closed hours; Minimum of $100 charge per rentalDeposit (applies to all pavilion rentals)$50.00May be returned, dependent upon satisfactory inspection by staffNon‐Residents $120.00For 2 Hours, $180 For 4 Hours, $230 For 6 Hours, $280 For 8 HoursResidents $60.00For 2 Hours, $90 For 4 Hours, $115 For 6 Hours, $140 For 8 HoursDeposit (Members)$75.00May be returned, dependent upon satisfactory inspection by staffMembers$75.00Per dayDeposit (Non‐Members)$150.00May be returned, dependent upon satisfactory inspection by staffNon‐Members $125.00Per dayADMINISTRATIVECHECK AND CREDIT CARD TRANSACTIONSResidentsPavilions (TownCenter Park at 405 Municipal Drive; Sonora Park at 263 S. New Hope Rd.)Senior Center Banquet Room (420 Corry A. Edwards Dr. )Ballfields (Village Street off of Averett Rd.; Subfacility of Sonora Park)Community Center (316 W Third St.; in the Kennedale Public Library Building)Non‐ResidentsCODE ENFORCEMENTFACILITY RENTALS/RESERVATIONS
Overdue Book$0.25Per dayPhotocopies From Copier (Only Black and White Available)$0.10Per pagePrintouts From Computer$0.25Per pageMaterials Lost or Damaged Beyond Repair $5.00Processing fee + listed retail priceRepair of Inventory Material Actual CostReplace Lost or Damaged Audiobook Binder $5.00Replace Lost or Damaged CD Case $1.00Replace Lost or Damaged DVD Case $2.00Interlibrary Loan No ChargeLibrary Card Replacement $2.00Repair of CD/DVD $1.00Transmittal Fax Only (Local)$1.00First page, $0.25 each additional pageTransmittal Fax Only (Long Distance)$2.00First page, $0.50 each additional pageFingerprinting of Residents for Background Checks $7.50Per CardVehicle Accident Report$6.00Per copyOffense or Arrest Report$1.50Per report, plus $0.10 per page for additional copiesSERVICE COST NOTESNOTE: Minimum Fee For Any Single Permit or Inspection, Listed or Unlisted, Regardless of Department$55.00Excluding signsADDEDBuilding Permit for Residential Construction (single family, two family and townhome)$0.85per square foot $1.00 to $500.00 $23.50$501.00 to $2,000.00 $23.50For the first $500.00, plus $3.05 for each additional $100.00, or fraction thereof, up to and including $2,000.00$2,001.00 to $25,000.00 $69.25For the first $2,000.00, plus $14.00 for each additional $1,000.00, or fraction thereof, up to and including $25,000.00LIBRARY POLICE DEPARTMENTPERMITS AND INSPECTIONSBuilding Permit for Non‐Residential Construction Based on Total Valuation of Project (Used for Building Code Pricing Below)Construction Table Based on Total Valuation of Project (Used for Building Code Pricing Below)EDITED
$25,001.00 to 50,000.00 $391.25For the first $25,000.00, plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00$50,001.00 to $100,000.00 $643.75For the first $50,000.00, plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00$100,001.00 to $500,000.00 $993.75For the first $100,000.00, plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00$500,001.00 to $1,000,000.00 $3,233.75For the first $500,000.00, plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00$1,000,001.00+ $5,608.75For the first $1,000,000.00, plus $3.65 for each additional $1,000.00, or fraction thereofBUILDING CODE PERMITS, INSPECTIONS AND PLAN REVIEWSAccessory Building (Min. 175 ft2)VariesConsult Construction Table (above)Alterations and Repairs To Existing Structures VariesConsult Construction Table (above)Building Code Appeal $100.00Canopy ‐ Larger than 400 ft2$55.00Carnival or Temporary Amusement $55.00CarportVariesConsult Construction Table (above)Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Detached Garage VariesConsult Construction Table (above)Demolition $55.00Drive Approach $55.00Fence, Retaining Wall, Screen Wall VariesConsult Construction Table (above)FireplaceVariesConsult Construction Table (above)Moving Building into the City$100.00Patio Cover VariesConsult Construction Table (above)Portable Building (Min. 175 ft2)VariesConsult Construction Table (above)SignsVariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (Above Ground)VariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (In‐Ground)VariesConsult Construction Table (above)Tent (Commercial) ‐ Larger Than 200 ft2$55.00Tree Mitigation Fee $200.00Per caliper inchUnderground Storage Tanks (Includes Gas Lines To Tank) VariesConsult Construction Table (above)Reinspection Fee $55.00Plan ReviewNew, Addition, Remodel for Commercial, Industrial, and Multi‐Family$0.20of building permit feeNew, Addition, Remodel for Single or Two Family$55.00All Other Permits Requiring Plan Review$25.00
Re‐Review Fee $25.00Apartments, Condominiums, Triplex, Etc. $0.05Per ft2; Minimum calculation of $55.00Commercial/Industrial New Construction $0.06Per ft2; Minimum calculation of $55.00Single Family, Duplex, Townhouse, Etc. $0.06Per ft2; Minimum calculation of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code) $100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Electric Generators Used By Carnival, Circuses, Traveling Shows, Exhibits $55.00Electrical Code Appeal $100.00Fixed Residential Appliances, Receptacle Outlets, Etc. $55.00(As Defined by city code)Minimum For Any Single Permit $55.00(Except Temporary Construction Pole Reconnects)Swimming Pool, In‐Ground, Residential $110.00Receptacles, Switch, Lighting or Other Outlet Holding Devices $55.00Reinspection Fee $55.00Services of 600 Volts or LessLess than 200 Amps $55.00600+ Volts or 1,000+ Amps $55.00Each Power Apparatus (As Defined By City Code)$2.00Up To And Including 1, Each $55.00Over 1, Up To And Including 10, Each $55.00Over 10, Up To And Including 50, Each $55.00Over 50, Up To And Including 100, Each $55.00Over 100, Each $55.00One Branch Circuit, Each $55.00Additional Branch Outlets $55.00Temporary Power To Any Structure (Maximum Of Ninety (90) Days)$55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code) $100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.HVAC (Heating/Cooling Systems)$110.00$55 Per air handling unit (e.g. inside unit + outside unit = $110.00)Replacement of Furnaces, Condensing Unit or Cooling/Heating System $55.00Vent‐A‐Hood (Commercial)$55.00Re‐Inspection Fee $55.00Mechanical Code Appeal $100.00Apartments, Condominiums, Triplex, Etc. $0.05Per ft2; Minimum fee of $55.00Commercial/Industrial New Construction $0.06Per ft2; Minimum fee of $55.00ELECTRICAL CODE PERMITS AND INSPECTIONSMECHANICAL CODE PERMITS AND INSPECTIONSPLUMBING CODE PERMITS AND INSPECTIONSSigns, Outline Lighting, or MarqueesRating in Horsepower, Etc.
Single Family, Duplex, Townhouse, Etc. $0.06Per ft2; Minimum fee of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code) ‐Not required for plumbers.Building Water Line $55.00EachBuilding Sewer Line $55.00EachFireplace Piping and Valve $55.00Gas Fired Applicable W/Special Vent Pipe $55.00Gas Piping System (1‐4 Outlets)$55.00EachGas Piping System (5+ Outlets)$55.00EachIndustrial Waste Pre‐Treatment Interceptor$55.00Installation/Repair of Water Piping and/or Water Treatment Equipment$55.00Lawn Sprinkler System On Any One Meter, Including Backflow Protection$55.00EachPrivate Sewage Disposal System $55.00Repair of Existing Piping$55.00Repair or Alteration of Drainage or Vent Piping$55.00Gas Line Pressure Check$55.00 Plumbing Fixture, Trap or Set Fixture, Etc. $55.00EachYard Line Pressure Check$55.00Plumbing Code Appeal $100.00Reinspection Fee $55.00Business License $25.00Home Business License $25.00Certificate of Occupancy (CO)$55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal $50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Garage Sale Permit$10.00No more than three (3) garage sales per address per year.Gathering Station Inspection $1,000.00Itinerant Vendor License $100.00Contact the Police Department Records Dept. at 817‐985‐2160, ext. 2219Sub‐Division Construction Inspection Fee 4%Of construction costTree Removal Permit$150.00Per acre; $150 minimum chargeAnnual Air Sampling And Reporting Fee Per Low‐To‐Moderate Impact Pad Sites (As Determined By City Official(s))$12,000.00Annual Air Sampling And Reporting Fee Per High Impact Pad Site (As Determined By City Official(s))$45,000.00May be paid in quarterly installmentsAnnual Air Sampling And Reporting Fee As Needed$12,000.00Per instance of additional monitoringAnnual Inspection Per Well $2,000.00$300 per additional well on same pad siteWell Requested On Application for Pad Site$5,000.00Per wellOIL AND GAS WELLSREGISTRATION AND MISCELLANEOUS PERMITSUnit Fee Schedule
Annexation, Request for$200.00Commercial Site Plan Review$500.00Engineering review fee; In additional to applicable permitting feesConditional Use Permit$500.00Easement or Right‐Of‐Way Abandonment, Request for$300.00Zoning Verification Letter$30.00Zoning Change or Amendment for Less Than 10 Acres, Request for$500.00Zoning Change or Amendment for 10+ Acres, Request for$1,500.00Rezone Less Than 10 Acres to Planned Development District (PD)$750.00Rezone 10+ Acres to Planned Development District (PD)$1,500.00Minor Plat, Vacated Plat, Amended Plat $300.00Plus $10.00 per lotMinor Plat Engineering Review Fee$200.00Preliminary Plat $300.00Plus $10.00 per lotPreliminary Plat Engineering Review Fee$1,000.00Replat (0‐10 Acres)$500.00Replat (10+ Acres)$1,500.00Final Plat $300.00Plus $10.00 per lotFinal Plat, Replat Engineering Review Fee $2,500.00Placed in escrow; unused funds can be requested for returnRenotification $125.00Cost to republish legally required notifications after a request for date changeSpecial Exception, Request for$250.00Variance, Request for$250.00Printouts/Copies From Plotter$1.00Per Square Foot (ft2)Residential Water (Owner Occupied)$60.00Residential Sewer (Owner Occupied)$30.00Residential Water (Tenant Occupied)$90.00Residential Sewer (Tenant Occupied)$60.00Commercial/Industrial w/High Consumption Varies1/6 of annual consumptionCommercial Water $90.00Commercial Sewer$60.00Water for Cleanup (15 Day Temp Service)$30.00Per dayUse of Bulk Water Meter (Fire Hydrant)$600.00Plus $50 service feeUse of Bulk Water Meter (Gas Drilling)$1,000.00Plus $50 service feeUse of Bulk Unmetered WaterVaries(rate) X (estimated gallons)Disconnect Service At The Main Actual CostPLANNING AND DEVELOPMENTDepositsOther PlatsZoningUTILITY BILLING | PUBLIC WORKS | WATER AND WASTEWATERIf an account is finaled out for nonpayment, re‐establishment of service requires a deposit of 2X the normal fee. Accounts are associated with the name of the responsible party (or parties); not the address.
Liquid Waste Permit $50.00Liquid Waste Trip Ticket Book$20.00Move City Utilities Actual CostPrivate Water Well Permit And Inspection$75.00Water Administrative Fee $20.00Assessed when an account appears on the cut‐off list; In addition to the late fee.Water Transfer Fee $15.00Wrecker License/Permit$20.00Utility Equipment Actual CostMeter, meter base, MTU, register, bullhead, and any other associated equipment installed for water/sewer meteringFire Hydrant Fee (Construction Meter)$79.50Monthly base chargeMeter Calibration Fee (When Executed By City Staff)$45.00Meter Calibration Fee (When Executed By Independent Contractor)$125.00Meter Set Reinspection Fee$100.00 Meter Tampering, Tampering With Lock, Or Cutting Lock On Meter $200.00Per offense, plus actual cost of repair or replacement¾” (.75")$475.00Plus $300 meter set fee; plus cost of meter1”$525.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$950.00Plus $550 meter set fee; plus cost of meter2”$1,075.00Plus $700 meter set fee; plus cost of meter3” or Larger Actual CostPlus actual cost of meter set fee; plus cost of meter¾” (.75")$925.00Plus $300 meter set fee; plus cost of meter1”$975.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$1,400.00Plus $550 meter set fee; plus cost of meter2”$1,525.00Plus $700 meter set fee; plus cost of meter3” or Larger VariesPlus actual cost of meter set fee; plus cost of meter4”$425.006”$600.008” or Larger Actual Cost4”$875.006”$1,050.008” or Larger Actual CostWATER AND WASTEWATER FEESFIRE DEPARTMENTWater Tap Fee (No Street Cut)Water Tap Fee (With Street Cut or Bore)Sewer Tap Fee (No Street Cut)Sewer Tap Fee (With Street Cut or Bore)Charges not incurred if meter is found to be inaccurate.The Building Inspection and Public Works departments regulate the installation, maintenance, and the transportation of liquid wastes. Questions? Call 817‐985‐2170.
Ambulance Fees Actual CostEstablished according to reasonable and customary reimbursement allowances of applicable insurance carriers; reviewed and approved quarterly by the City Manager.Building/Fire Plan Review$55.00EMS Report$15.00False Alarm (3rd+)$55.00Beginning with the 3rd, the fee doubles for each subsequent false alarmFire Code Appeal $100.00Annual, Bi‐Annual of Certificate of Occupancy (CO)No ChargeRe‐Inspection No Charge2nd Re‐Inspection$55.003rd+ Re‐InspectionVariesBeginning with the 3rd, the fee doubles for each subsequent re‐inspectionFire Suppression Systems $55.00Fire Report$15.00Site Plan Review$55.00Brush Truck $75.00HourlyEngine $150.00HourlyFire Marshall $40.00HourlyHazMat Squad $300.00HourlyParamedic $30.00HourlyNOTE: Minimum Fee For Any Single Permit or Inspection, Listed or Unlisted, Regardless of Department$55.00Excluding signsREQUEST FOR PUBLIC INFORMATION/OPEN RECORDS REQUESTFEE SCHEDULE FOR THE CITY OF KENNEDALEThe City Secretary's Office encourages communication and transparency between the City of Kennedale and its residents by serving as the primarv office responding to Public Information Reguests. In an effort to save requestors time and money, freguently requested documents are available online, including: • Laserfiche: Ordinances, Resolutions, Agendas, Packets. Minutes, and Press Releases • MuniCode: Code of Ordinances and Copies of Individual Ordinances • Monthly Reports: Building Permits, Fires, and Substandard BuildingsIf what you need is not available online, you can make a Qublic information reguest. Reguests are processed in the order they are received, and should be for existing documents or information. Staff may not ask why you want the information, but may ask for clarification if needed. please be aware that some records are exempt from disclosure or reguire redaction.Fire InspectionsStandby
Single Sided, Black & White, 8.5x11" Paper$0.10Per Paper Copy11x17" or Other Oversized Paper, Not Including Maps & Photographs $0.50Per Paper CopyPlat Page$3.00Per Plat PageCompact Disc (CD)$1.00Per CDDigital Video Disc (DVD)$3.00Per DVDPersonnel Time for Locating, Compiling and Reproducing Records $15.00Mailing Expenses, Speciality Papers (including but not limited to mylar, blueprints, maps, and photos), Off‐Site Storage RetrievalActual CostOff‐site storage costs (currently $16.00 truck charge + $2.00/box) Per retrieval and returnCharges not outlined here will be calculated according to the regulations and recommendations of the Texas State Library and Archives Commission, the Texas Attorney General, and the Texas Administrative CodeCHARGES ASSOCIATED WITH A PUBLIC INFORMATION REQUEST VARY DEPENDING ON THE AMOUNT OF RESPONSIVE DOCUMENTS AND PERSONNEL TIME REQUIRED. GENERAL CHARGES ARE OUTLINED BELOW.Requests may incur a fee, and the City of Kennedale may require prepayment. Charges vary depending on the number of responsive documents and personnel time required. Vaguely‐worded or broad requests return more results. The more specific your request, the quicker it can be fulfilled. Generally, the city will charge $0.10 per page and $15.00 an hour for labor. Requests for standard‐sized documents that will be delivered via email usually do not incurcharges, unless the request: • is for more than fifty (50) pages, • requires more than thirty (30) minutes of personnel time to locate, compile, manipulate data, and reproduce the information, or • includes documents that are stored off‐site.If the estimated charges exceed $40.00, the requestor must approve an itemized estimate before work begins. When estimated costs exceed $100.00, the requestor is required to make a deposit (typically 100% of the estimate) before work begins. If a requestor (or their organization) has a balance exceeding $100.00 for past requests, the City of Kennedale will not process additional requests until the account is paid in full. You must approve any estimate of charges within ten (10) business days of the date the estimate is sent or the request will be considered withdrawn.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: DECISION ITEMS - G.
I. Subject:
Consider approval of Ordinance 664, amending Chapter 3 – "Animals" of the Kennedale Municipal Code to add
regulations regarding the keeping of certain fowl, livestock, and potbellied pigs within the City
II. Originated by:
Melissa Dailey, Director of Planning & Economic Development
III. Summary:
City staff regularly receives questions from residents and individuals inquiring about purchasing property in Kennedale
as to whether they can have livestock and/or fowl, how many and what type. The request is typically for purposes of
having a hobby farm or livestock/fowl that are pets. Staff also periodically receives questions or complaints from
neighbors about what type of animals are allowed.
Currently livestock and fowl for non-commercial purposes are only allowed on property zoned AG (Agricultural) As
properties that are zoned AG are increasingly rezoned to other zoning categories, most often R (residential)
categories, there are fewer opportunities within the current zoning code to keep animals, even when significant
acreage exists to do so.
In an effort to broaden the ability to own livestock and/or fowl on appropriate lots within the City, staff has researched
other cities' ordinances on this topic and has held three meetings with a focus group of local residents to gain input.
That research and input has resulted in the creation of potential modifications to the municipal code to allow for the
keeping of livestock and fowl under certain conditions. Staff presented recommendations to the City Council at the
regular meeting on May 21, 2019. Council gave direction to staff to proceed in drafting an ordinance that would
include the recommended regulations.
The proposed ordinance would allow farm animals and fowl on properties used as residential with a minimum of 1
acre of land. Exception to the acreage requirement would be pot bellied pigs (maximum of 2) and 6 small fowl per 1/4
acre. No roosters or swine, except pot-bellied pigs, would be allowed in the city. The Council would have the ability
to grant exceptions for special circumstances, which are outlined in the proposed ordinance.
The proposed ordinance is attached. Staff will be available at this work session to respond to questions.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.O664_Amending Chapter 3 Animals of the Code O664_Amending Chapter 3 Animals of the Code.pdf
Page 1 of 6
O664 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 664
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 3
“ANIMALS” OF THE KENNEDALE CITY CODE TO ADD DEFINITIONS
FOR LIVESTOCK, FOWL AND SWINE AND ADD REGULATIONS
REGARDING THE KEEPING OF CERTAIN FOWL, LIVESTOCK AND
POTBELLIED PIGS WITHIN THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City of Kennedale desires to adopt regulations regarding the
keeping and maintaining of certain fowl, livestock and pot-bellied pigs within the City
limits of Kennedale;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
Section 3-1 “Definitions” of Article I “In General” of Chapter 3 “Animals” of the
Kennedale City Code is hereby amended to add the following definitions:
Large Fowl. Large birds such as emus, ostriches, rheas, and other similar size
birds.
Small Fowl. Birds commonly considered poultry and including, but not limited to
chickens, ducks geese, guinea fowl, turkeys, pigeons, and other similar size birds. For
purposes of this chapter, the term "small fowl" shall not include Pet Birds.
Large Livestock. Animals such as horses, mules, cattle, ponies, llamas, alpacas,
and other animal of the same approximate size and weight.
Small Livestock. Animals such as goats, sheep, lambs, and animals of the
same approximate size and weight.
Pet Bird. Birds such as parrots, cockatoos, mccaws, finches, and similar birds
commonly maintained in households within cages, not to include large or small fowl.
Pot-bellied pig. A breed of miniature pig meeting the standards established by
the North American Potbelly Pig Association (“NAPPA”)
Swine. A pig.
Page 2 of 6
O664 CITY OF KENNEDALE, TX 2019
SECTION 2.
Section 3-9 “Livestock” of Article I “In General” of Chapter 3 “Animals” of the
Kennedale City Code is hereby amended to read as follows:
Sec. 3-9. - Livestock.
(a) Running at large. It shall be unlawful for the owner or keeper livestock,
fowl or swine to permit the same to run at large. The running at large of livestock, fowl
or swine is hereby declared a nuisance.
(b) Grazing. It shall be unlawful for the owner or keeper of any livestock, fowl
or swine to permit any such animal to graze upon or be unattended on any public street
or thoroughfare 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) Owner of premises may confine, etc. If any livestock, fowl or swine 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.
SECTION 3.
Section 3-14 “Pet Birds” is added to Article I “In General” of Chapter 3 “Animals”
of the Kennedale City Code to read as follows:
3-14. Pet birds.
It shall be unlawful for any person owning or having possession of pet bird to fail
to keep the pet bird indoors.
SECTION 4.
Article VI “Livestock, Fowl and Swine” is hereby added to Chapter 3 “Animals” of
the Kennedale City Code to read as follows:
ARTICLE VI. LIVESTOCK, FOWL AND SWINE
Sec. 3-101 Keeping generally
A person commits an offense if the person keeps or cause to be kept, for any
purpose whatever, any large or small livestock, any large or small fowl, or swine within
the corporate limits of the city, except as provided in this Article.
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Sec. 3-102 Small fowl
(a) A person commits an offense if he keeps, harbors or maintains small fowl
in the City other than on a premises classified by the uniform development
code as agricultural or residential or otherwise maintains residential use.
Small fowl shall be kept within pens, coops or hutches which meet the
requirements of this section. A fenced yard shall not qualify as a pen,
coop, or hutch for purposes of this section.
(b) All pens, coops, or hutches for the keeping of small fowl shall be
maintained a minimum of fifty (50) feet from any residence or commercial
building, excluding the residence of the person keeping or harboring the
small fowl.
(c) a person who keeps, harbors or maintains small fowl in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the small fowl with sufficient food, potable water,
adequate shelter, and protection from weather. All pens, coops, hutches
and exercise runs shall be completely enclosed.
(d) On lots of one acre or more, A person may keep no more than twenty-five
(25) small fowl per acre. Roosters are prohibited.
(e) On lots smaller than one acre, a person may keep no more than six (6)
small fowl per quarter acre. Roosters are prohibited.
Sec. 3-103 Large fowl
(a) A person commits an offense if he keeps, harbors or maintains large fowl
in the City other than on a premises that is a minimum of one acre and
that is classified by the uniform development code as agricultural or
residential or otherwise maintains a residential use. Large fowl shall be
kept within a fence or other enclosure so as to prevent the large fowl from
wandering in or upon or invading the premises of any other person.
(b) All large fowl shall be maintained a minimum of fifty (50) feet from any
residence or commercial building, excluding the residence of the person
keeping or harboring the large fowl.
(c) a person who keeps, harbors or maintains large fowl in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the large fowl with sufficient food, potable water,
adequate shelter, and protection from weather.
(d) A person may keep no more than twelve (12) large fowl per acre.
Sec. 3-104 Livestock
(a) A person commits an offense if he keeps, harbors or maintains any
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O664 CITY OF KENNEDALE, TX 2019
livestock in the City other than on a premises that is a minimum of one
acre and that is classified by the uniform development code as agricultural
or residential or otherwise maintains a residential use. Livestock shall be
kept within a fence or other enclosure so as to prevent the livestock from
wandering in or upon or invading the premises of any other person.
(b) All livestock shall be maintained a minimum of fifty (50) feet from any
residence or commercial building, excluding the residence of the person
keeping or harboring the livestock.
(c) a person who keeps, harbors or maintains livestock in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the livestock with sufficient food, potable water,
adequate shelter, and protection from weather.
(d) A person may keep no more than eight (8) small livestock per acre.
(e) A person may keep no more than one (1) large livestock per acre for the
first acre with a minimum of one-half acre required per additional head of
large livestock.
Sec. 3-104 Swine
(a) A person commits an offense if he keeps, harbors or maintains any swine
in the City except as otherwise provided in this Section.
(b) A person commits an offence if he keeps, harbors or maintains any pot-
bellied pig other than on a premises that is classified by the uniform
development code as agricultural or residential or otherwise maintains a
residential use. Pot-bellied pigs shall be kept within a fence or other
enclosure so as to prevent the pot-bellied pig from wandering in or upon or
invading the premises of any other person.
(c) All pot-bellied pigs shall be maintained a minimum of fifty (50) feet from
any residence or commercial building, excluding the residence of the
person keeping or harboring the pot-bellied pig.
(c) a person who keeps, harbors or maintains pot-bellied pigs in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the pot-bellied pigs with sufficient food, potable
water, adequate shelter, and protection from weather.
(d) A person may keep no more than two pot-bellied pigs.
Sec. 3-105 Waiver
The City Council may authorize a waiver from the acre requirements contained in
this Article when, in its opinion, an unnecessary hardship will result from requiring strict
compliance. Before granting a waiver, the City Council shall hold a public hearing
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regarding the requested waiver not earlier than fifteen days following notice of the public
hearing. No waiver shall be granted unless the Council finds that all of the following
conditions exist:
(a) There are special circumstances or conditions affecting the property of the
applicant seeking the waiver, or the surrounding area such that the strict
application of the provisions of this Ordinance would deprive the applicant
of the reasonable ability to maintain fowl, livestock or pot-bellied pigs; and
(b) The strict application of the provisions of this Ordinance is not necessary
to promote the public health, safety and welfare; and
(c) The granting of the waiver will not be detrimental to the public health,
safety or welfare, or injurious to other persons or property in the area; and
(d) The granting of the waiver will be in harmony with the spirit and purpose of
this Ordinance.
In granting a waiver, the City Council may prescribe conditions that it deems necessary
or desirable to protect the public interest.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of
Kennedale City Code, as amended, except where the provisions are in direct conflict
with the provisions of other ordinances, in which event the conflicting provisions of the
other ordinances are hereby repealed.
SECTION 6.
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 7.
Any person, firm or corporation who violates, disobeys, omits, neglects, refuses
or fails to comply with, or who resists the enforcement of any provision of this ordinance
shall be fined not more than Five Hundred dollars ($500.00) for each offence. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
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O664 CITY OF KENNEDALE, TX 2019
and all violations of the provisions of the Kennedale City Code, as amended, which
have accrued at the time of the effective date of this ordinance; and, as such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, shall not be affected by this ordinance but may be
prosecuted until final disposition by the court.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage as
provided by law, and it is so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20th DAY OF JUNE, 2019.
APPROVED:
______________________________ MAYOR, BRIAN JOHNSON
ATTEST:
______________________________
CITY SECRETARY, LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY, DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: EXECUTIVE SESSION - A.
I. Subject:
Discussion with the City Attorney regarding settlement agreement between Ron Sturgeon, et al and the City of
Kennedale
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: EXECUTIVE SESSION - B.
I. Subject:
Discussion with the City Attorney regarding salvage yard special exception/special use permits
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: EXECUTIVE SESSION - C.
I. Subject:
Discussion with City Attorney regarding Public Information Act, including requests for City Attorney invoices
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: EXECUTIVE SESSION - D.
I. Subject:
Discussion with City Attorney regarding legal issues associated with Economic Development and Performance
Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed Air Systems for project located at Harris
Corporation Addition, Block 1 Lot 1A2 (Linda Road)
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: June 20, 2019
Agenda Item No: EXECUTIVE SESSION - E.
I. Subject:
Economic Development and Performance Agreement, Tax Abatement, and Chapter 380 Agreement with Compressed
Air Systems for project located at Harris Corporation Addition, Block 1 Lot 1A2 (Linda Road)
II. Originated by:
III. Summary:
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments: