2019_11.19 CC Packet
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING | NOVEMBER 19, 2019
CITY HALL COUNCIL CHAMBERS
405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
To address the City Council regarding a Work Session item, submit a ‘Request to Speak’ form before the meeting
begins. Speakers are allotted three (3) minutes, must limit their comments to the subject indicated on the form, and
should address the Council as a whole, rather than individual Councilmembers or staff.
II. WORK SESSION
A. WORK SESSION REPORTS
1. Presentation by the City of Arlington regarding the Water and Wastewater Utility System
Operations and Maintenance (O&M) Agreement
2. Update on Safe Routes to School Program
3. Discussion of current regulations regarding farmers markets
4. Discussion regarding maintaining a separate bank account for the Economic Development
Corporation (EDC)
5. Receive a presentation and hold a discussion regarding the Greenways Project
B. REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
III. EXECUTIVE SESSION
The City Council reserves the right to meet in Executive (Closed) Session at any time during this meeting,
pursuant to the below cited sections of the Texas Government Code:
A. PURSUANT TO §551.071 — Consultation with the City Attorney pertaining to any matter in which the duty of
the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open
Meetings Act, including discussion of any item posted on the agenda, legal issues regarding the Open
Meetings Act, and the following:
1. Discussion with the City Attorney regarding salvage yards, including A&A Pickup & Van, Inc.,
and special exception/special use permits
2. Discussion with the City Attorney regarding requests made under the Texas Public
Information Act
3. Discussion with the City Attorney regarding an early termination and release agreement with
Global Water Management, LLC
B. PURSUANT TO §551.074 — Deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or
employee; and the following:
1. Discussion and consider the City Manager’s Annual Performance Evaluation
C. PURSUANT TO §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 w hich 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):
1. Discussion with the City Attorney regarding potential economic development incentive
agreement with Quick Roofing
IV. REGULAR SESSION
A. ROLL CALL
B. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS
C. VISITOR AND CITIZEN FORUM
At this time, any person may address the City Council, provided that a ‘Request to Speak’ form is submitted
before the meeting begins. Speakers are allotted three (3) minutes, must limit their comments to the subject
indicated on the form, and should address the Council as a whole rather than individual Councilmembers or
staff. Neither formal action nor discussion may occur at this time. Those wishing to speak on an agenda item
should indicate as much on the form, and will be called upon to speak when the Council considers that item.
D. REPORTS AND ANNOUNCEMENTS
In addition to any items below, the Mayor and Council may give or receive reports regarding 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.
1. Updates from the City Council
2. Updates from the Mayor
3. Updates from the City Manager
4. Discussion of Financial and Investment Reports for the City and the EDC
E. CONSENT AGENDA
These matters have appeared on previous agendas, require little or no deliberation, or are considered
routine. If discussion is desired, items may be removed for separate consideration.
1. Approval of the minutes from the October 15, 2019 regular meeting
2. Approval of the minutes from the October 22, 2019 special meeting
3. Consider authorizing a five-year extension of the current contract with Waste Connections for
residential and commercial solid waste collection, transport, disposal, and recycling services
F. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Discuss and consider adoption of Resolution 562, affirming the casting of votes for the 2020
Tarrant Appraisal District (TAD) Board of Directors
2. Consider adoption of Ordinance 684, amending the composition, charge, and meeting
requirements for the Utility and Infrastructure Board (UIB)
3. Consider making appointments to the Utility and Infrastructure Board (UIB)
4. Consider authorizing the City Manager to enter into an agreement with Shield Engineering
Group at a cost of $103,700.00 for the engineering design of water, wastewater, drainage,
and paving improvements for Peggy Lane
5. Consider authorizing the City Manager to enter into an agreement with Freese and Nichols to
conduct a roadway, water, and wastewater impact fee study, at a cost of $100,000.00
G. PUBLIC HEARINGS
H. TAKE ACTION NECESSARY, PURSUANT TO EXECUTIVE SESSION, IF NEEDED
1. Consider approval of or amendments to an employment agreement with George Campbell to
serve as City Manager
2. Take any other action deemed necessary as a result of the Executive Session
I. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE NOVEMBER 19, 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 f or
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
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.1.
SUBJECT
Presentation by the City of Arlington regarding the Water and Wastewater Utility System Operations and
Maintenance (O&M) Agreement
ORIGINATED BY
George Campbell, City Manager
SUMMARY
The Cities of Arlington and Kennedale entered into two inter-local agreements that became effective on March 29,
2019. One agreement was for the eventual purchase of potable water from the City of Arlington and the other was
an Operations and Maintenance (O&M) Agreement pursuant to which the City of Arlington began operating the City
of Kennedale’s water and wastewater utility systems.
This cooperative agreement for O&M between the two Cities has now been functioning for nearly eight months in a
very successful manner. At this time, the City of Arlington Water Utilities staff will make a brief presentation to
update the Council regarding the status of the new arrangement and the practices that have been implemented and
services performed pursuant to the agreement.
Both City of Arlington and City of Kennedale staff will be present to provide information and respond to any
questions that Council members may have regarding the status and implementation of the agreement.
RECOMMENDATION
Council discussion and comment is respectfully requested.
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.2.
SUBJECT
Update on Safe Routes to School Program
ORIGINATED BY
Melissa Dailey, Director of Planning & Economic Development
SUMMARY
After receiving Transportation Investment Generating Economic Recovery (TIGER) federal funding to address
school transportation safety, The North Central Texas Council of Governments (NCTCOG) requested proposals for
Safe Routes to School (SRTS) programs.
Nationally, 10% to 14% of car trips during morning rush hours are for school travel. SRTS programs aim to improve
safety and increase levels of physical activity by encouraging students to walk or bicycle to school through
infrastructure improvements, enforcement, tools, safety education, and incentives.
The City of Kennedale requested that NCTCOG consider improvements to the Crestdale area, with a focus on
pedestrian connections to James F. Delaney Elementary and James A. Arthur Intermediate Schools. Since, staff
has worked closely with NCTCOG, Kennedale ISD, and other stakeholders to identify needs and possible
pedestrian improvements.
This work resulted in a plan for new sidewalks in the Crestdale area and a potential crosswalk and pedestrian
beacon on Kennedale Parkway (proposal attached).
In 2018, City Council approved the required 20% match of $165,327 for implementation of the SRTS program (at
an estimated total cost of $826,633). Staff continues to coordinate with NCTCOG to move this project forward, with
the next steps including finalizing funding from NCTCOG and beginning design. Staff will provide a detailed
presentation and be available to answer questions from the Council.
RECOMMENDATION
ATTACHMENTS
1.Proposed – Traffic Calming SRTS Recommended Traffic Calming and Control Improvements.pdf
2.Proposed – Sidewalk / Crossing SRTS Recommended Sidewalk and Crossing Improvements.pdf
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STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.3.
SUBJECT
Discussion of current regulations regarding farmers markets
ORIGINATED BY
Melissa Dailey, Director of Planning & Economic Development
SUMMARY
At the September 17, 2019 City Council Meeting — following a request by a citizen regarding the ability to open a
farmers market in Kennedale and regulations that would apply — the Council requested that additional information
be provided by staff. The purpose of this report is to provide information to the Council relating to farmers markets.
The City of Kennedale’s Unified Development Code (UDC) permits farmers markets on properties with C2
(Commercial), AG (Agricultural) with special exception, and OT-3 (Old Town) zoning. The UDC defines farmers
markets as “a building or structure designed or used for the seasonal sale of farm or home grown agricultural
products, or agriculturally related products, directly to the consumer from a designated area that includes two (2) or
more stands or stalls that are owned, leased or rented for the display or vending of fruit, vegetables, and other
garden or farm crop.”
Additionally, Chapter 10 (Health and Human Services) of the municipal code formally adopts all County and State
requirements for food establishments and distribution. Thus, any distribution or sale of goods meant for human
consumption (including those offered at farmers markets) must be properly inspected by Tarrant County
Environmental Services and comply with all relevant State and County regulations, which are quite detailed and
stringent. State law defines farmers markets as “a designated location used primarily for the distribution and sale of
food directly to consumers by farmers and other producers”, but also states that farmers markets are not food
service establishments.
City staff coordinates with Tarrant County to ensure that food vendors (including mobile food vendors, food
handlers, food managers, and others – based upon the vendor’s operations and items offered) are appropriately
permitted or inspected and meet all requirements.
Additionally, vendors must comply with all regulations related to preparation, distribution, and labeling of items
regulated under Texas cottage food laws and meet requirements for management of wastewater as well as
detailed specifications for mobile food establishments’ mobile units, access to handwashing and restroom facilities,
establishment of and access to commissaries, and any other relevant County and State regulations.
Although some larger cities do have a dedicated health services department with sufficient staffing to ensure that
food items being provided to the public at farmers markets meet all of these requirements and are safe for the
public, Kennedale’s limited staffing levels do not allow for this. Therefore, the City relies upon Tarrant County staff
to perform these functions.
Enforcing these requirements — especially for food preparation — would create a significant burden for City staff to
ensure that all vendors for each farmers market event have necessary permits and meet all City, County, and State
regulations. The need for costly enforcement is substantially mitigated by only allowing for the vending of fruit,
vegetables, and other garden or farm crops at farmers markets in Kennedale.
Farmers markets do provide an option for communities to have access to fresh produce and unique community
gathering opportunities. City staff could, at Council direction, explore the potential of a City-sponsored farmers
market in TownCenter that could be held regularly, managed and monitored by the City to ensure all City, County,
and State requirements are met and that any food items sold to the public would be safe for public consumption.
Further Council discussion and direction is appreciated.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.4.
SUBJECT
Discussion regarding maintaining a separate bank account for the Economic Development Corporation (EDC)
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
In May 2018, the City Council directed that an EDC Bank (checking) account be opened and maintained separately
from the City of Kennedale’s Consolidated Cash bank account at Wells Fargo. The purpose of this report is to
recommend that Council authorize that this separate EDC checking account be closed as it is not necessary to
maintain proper accounting and management of the EDC’s financial transactions and creates inefficiencies and
expense that are not beneficial to either the EDC or the City.
The City, as with other public entities, is required to use a system of Fund Accounting to manage funds for which it
is responsible. Pursuant to statute and agreement with the EDC the City does manage the “EDC Fund”.
Maintaining separate “Funds”, from an accounting perspective, is different than maintaining separate “checking”
accounts. That is the reason the City maintains separate “Funds” for General operations, Water and Wastewater,
Debt Service, etc. Maintaining separate accounting funds accomplishes the goal and requirement to segregate the
individual purposes of the City’s management of various functions.
The City currently, and has since its inception, used the Fund Accounting principles. The City thus manages all
funds efficiently by maintaining a Pooled (Consolidated) checking account using cash resources from the multiple
Funds.
Since the opening of the EDC account it has remained unused and an administrative liability to the City. Wells
Fargo charges the City approximately $600 per year to maintain this EDC checking account. There has been no
activity from the account since it’s opening in 2018 due to the fact that the City does not have the administrative
support to address the workload associated with maintaining it.
The City, prior to the opening of the account in 2018, delivered several successful audits with multiple audit firms
who did not express an opinion that that City needed to maintain a separate bank account for the EDC. Further, the
Governmental Finance Officers Association (GFOA) recommends a Pooled Cash method for accounting which
satisfies cash bookkeeping, and is accomplished through the use of Fund Accounting.
The City’s financial reports reveal that the EDC through the City’s EDC Fund has established and accomplished a
clear separation of cash from the City of Kennedale over the years. The EDC is its own legal entity, but is managed
by City of Kennedale staff, just as the City’s Proprietary Funds (Water and Sewer), and Bond Funds are. The EDC
maintains its separation from the City’s cash by having its own separate Fund, budget, independent annual
Financial Audit, and fund balance records.
For the reasons stated above the EDC Board has recommended that the Council authorize closing the dormant
EDC account that was opened in 2018 thereby retaining the Fund Accounting method for the EDC. The funds that
are currently in the EDC bank account at Wells Fargo (approximately $28,000) will be transferred to the City’s
Consolidated Cash account (where it was taken from in 2018), but will be credited though Fund Accounting to the
City’s EDC Fund. This action will accomplish several things:
• Compliance with GFOA standards
• Continued compliance with Audit recommendations (there was no recommendation from an audit firm to
maintain a separate bank account)
• Avoid workload inefficiencies
• Save the City $600 annually on the dormant account
The EDC Board was briefed on this recommendation at its September 24 meeting and approved unanimously to
recommend that Council authorize the closing of the separate EDC bank account. Council direction is respectfully
requested.
RECOMMENDATION
Approve the closing of the EDC checking account at Wells Fargo.
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.5.
SUBJECT
Receive a presentation and hold a discussion regarding the Greenways Project
ORIGINATED BY
Melissa Dailey, Director of Planning & Economic Development
SUMMARY
The City of Kennedale — in partnership with the National Park Service (NPS) and the UTA Master of City and
Regional Planning program — is working to develop a sustainable plan for pathways, amenities, erosion
prevention, and natural conservation for the local greenways. This project was featured in a booth at Concert in the
Park on Saturday, October 12. This fall, there will be a stakeholder meeting and a survey to determine the
community's priorities. In Spring 2020, the team will hold public meetings, engage the community with activities,
and work with local experts to produce design images guided by your input.
The community can learn more or sign up for updates at kennedalegreenways.org.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.B.
SUBJECT
REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.A.1.
SUBJECT
Discussion with the City Attorney regarding salvage yards, including A&A Pickup & Van, Inc., and special
exception/special use permits
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.A.2.
SUBJECT
Discussion with the City Attorney regarding requests made under the Texas Public Information Act
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.A.3.
SUBJECT
Discussion with the City Attorney regarding an early termination and release agreement with Global Water
Management, LLC
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.B.1.
SUBJECT
Discussion and consider the City Manager's Annual Performance Evaluation
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.C.1.
SUBJECT
Discussion with the City Attorney regarding potential economic development incentive agreement with Quick
Roofing
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.1.
SUBJECT
Updates from the City Council
ORIGINATED BY
George Campbell, City Manager
SUMMARY
Updates and information from each of the Councilmembers, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.2.
SUBJECT
Updates from the Mayor
ORIGINATED BY
George Campbell, City Manager
SUMMARY
Updates and information from Mayor Brian Johnson, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.3.
SUBJECT
Updates from the City Manager
ORIGINATED BY
George Campbell, City Manager
SUMMARY
Updates and information from City Manager George Campbell, if any.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.4.
SUBJECT
Discussion of Financial and Investment Reports for the City and the EDC
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
These reports will be provided to the Council before the meeting.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM IV.E.1.
SUBJECT
Approval of the minutes from the October 15, 2019 regular meeting
ORIGINATED BY
Leslie E. Galloway, City Secretary & Communications Coordinator
SUMMARY
Please see the attached minutes for your approval.
RECOMMENDATION
ATTACHMENTS
1.2019_10.15_Minutes_City Council Regular
Meeting_DRAFT
2019_10.15_Minutes_City Council Regular
Meeting_DRAFT.pdf
Page 1 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING | OCTOBER 15, 2019
CITY HALL COUNCIL CHAMBERS
405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 5:32 p.m.
II. WORK SESSION
A. Discussion regarding implementation of a “fine-free” structure for the Kennedale Public
Library and an annual fee for those cardholders living outside the legal boundaries of the
City of Kennedale
City Manager George Campbell stated that, following distribution of an informal staff report
regarding this proposal, that Councilmember Chris Pugh requested further discussion.
There was a brief discussion about the potential for loss of items, the calculation of the non-
resident cardholder fee, staff time dedicated to fees, and feedback from Library Directors at
other Cities who had already moved to this “fine-fee” structure.
The Council directed staff to place an Ordinance implementing these recommendations on the
Tuesday, October 22 Special Meeting agenda.
B. Discussion of potential changes to the composition, charge, and meeting requirements for
the Utility and Infrastructure Board (UIB)
City Manager George Campbell stated that, during the board and commission appointment
process, the Council stated a desire to consider amendments to the charge and composition of
the UIB, and that a draft of proposed changes was included in the packet, which would include
limiting the UIB to consideration of topics specifically assigned by the City Council, meeting only
when directed by Council, and being composed of two members from the Economic
Development Corporation (EDC) Board, the Parks and Recreation Board, and the Planning and
Zoning (P&Z) Commission, with the seventh place and two alternate places being open to
anyone eligible for board service, including a citizen not currently serving on any board.
Additionally, the Council would appoint the Chair and Vice Chair, and (because the UIB is
advisory) no Councilmember would be eligible for appointment to the Board. Campbell noted
that, even with these revisions, several of the standing UIB members could be reappointed.
Following a brief discussion, the Council directed staff to place an Ordinance on the next
Regular Meeting agenda that would accomplish these amendments to the UIB.
C. Discussion regarding proposal to conduct an impact fee study five-year update
Public Works Director Larry Hoover stated that the last impact fee study was completed by DRAFT UNTIL APPROVED BY COUNCIL
Page 2 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
Freese and Nichols (FNI) in 2016, that an update would take several months, and that staff
would recommend contracting with FNI for the update. Hoover stated that he was available to
answer questions from the Council regarding the staff report and attachments in the packet.
City Manager George Campbell stated that this was an expensive study, but was required by
State law to be updated every five years. There was some discussion of the purpose and use of
impact fees, the proportionality of these fees, the current fees, and projects that are eligible for
funding by impact fees. Campbell noted that this study would be eligible.
Following a brief discussion, the Council directed staff to place a contract for the proposed
impact fee study on the next Regular Meeting agenda.
D. Discussion of items on the regular agenda
In response to a question from Mayor Pro Tem Sandra Lee regarding Decision Item B., Finance
Director Lakeita Sutton stated that the proposed contract with STW was for a term of three years
(not four years as indicated in the draft in the packet), and that a redlined version had been
provided to the Council. Sutton stated that, historically, the City had contracted annually with
STW, but that the cost increase last year was ~$2,000, which prompted staff to take advantage
of the option to lock in pricing for a longer term, as no change in providers was anticipated.
In response to a question from Mayor Brian Johnson regarding Decision Items D., E., and F.,
Director of Planning and Economic Development Melissa Dailey offered an overview of the
updated requirements under the new standards recently adopted by the Council, which would
provide for walkability, street presence, and higher quality building form for any Multi-Family
(MF) development. She added that, throughout the DFW Metroplex, projects like the three on
this agenda are serving as catalysts for additional development. In response to a question from
Councilmember Chris Pugh regarding the Urban Village zoning that was recently approved by
the Council on Little Road, Dailey noted that under MF Zoning there was no allowance for a mix
of uses.
Mayor Johnson adjourned to Executive Session at 6:01 p.m.
III. REGULAR SESSION
Mayor Johnson called the Regular Session to order at 7:00 p.m.
IV. ROLL CALL
Present: Mayor Brian Johnson; Mayor Pro Tem Sandra Lee, Place 3; Chris Pugh, Place 2; Linda
Rhodes, Place 4; Absent: Josh Altom, Place 1; Chad Wandel, Place 5; Staff: City Manager George
Campbell, City Secretary & Communications Coordinator Leslie E. Galloway, Director of Finance and
Information Technology Lakeita Sutton, Public Works Director Larry Hoover, Director of Planning and
Economic Development Melissa Dailey, Library Director Amanda King, Fire Chief James Brown, Police Chief
Tommy Williams, Director of Human Resources and Administrative Services Danielle Clarke, City Attorney
Drew Larkin
V. INVOCATION
Pastor Nelda Barrett Murraine of First United Methodist Church Kennedale offered the invocation.
VI. UNITED STATES PLEDGE AND TEXAS PLEDGE
DRAFT UNTIL APPROVED BY COUNCIL
Page 3 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
VII. VISITOR AND CITIZEN FORUM
Sara Johnson, 700 Crestview Drive, spoke on behalf of Senior Outreach – Kennedale
regarding the group’s programs and seniors’ needs.
Joe Palmer, 4017 Sanguinet Court, Fort Worth, spoke on behalf of KABO, regarding a new
law that would allow the public to speak on any agenda item.
Janice Howard, 332 S New Hope Road, spoke regarding her concerns with the actions of
Kennedale Police Department officers.
Mary Brown, 332 S New Hope Road, spoke in support of the Kennedale Police
Department and thanked them.
Nelda Barrett Murraine, 229 W 4th Street, spoke on behalf of First United Methodist
Church of Kennedale, thanking the community for sponsoring and supporting Concert in the
Park, which collected food for the Mission Store Food Pantry.
Jeff Nevarez, 388 Spring Branch Lane, spoke on behalf of the Kennedale Rotary Club and
the Parks and Recreation Board, announcing the Rotary Chili Cook-Off on Saturday,
November 2; and thanking staff and volunteers for the success of Concert in the Park.
Richard Weber, 2704 Crestmoor Court, Arlington, spoke regarding items that he would
have expected to see on this agenda.
Laurie Sanders, 208 W 5th Street, invited the community to Keep Kennedale Beautiful’s
(KKB) Fall Sweep on Saturday, October 19.
Glen Bucy, 101 Hill County Road 4415, Grandview, spoke regarding his company’s
offering of geolocation service for first responders.
Iris Esprit, 309 E Kennedale Parkway, spoke regarding her concerns with the process of
obtaining a Certificate of Occupancy (CO).
Pat Vader, 801 Pennsylvania Avenue, spoke regarding his desire to see the Council limit
high-density development.
VIII. REPORTS AND ANNOUNCEMENTS
A. Updates from the City Council
CHRIS PUGH, Place 2, commended Jeff Nevarez, Laurie Sanders, and all volunteers for
their work on Concert in Park; and announced that he attended the quarter auction for
Able's Front Porch, adding that there was another auction scheduled for next Tuesday.
MAYOR PRO TEM SANDRA LEE, Place 3, congratulated Jeff Nevarez on Concert in
the Park and thanked Sara Johnson for her work with seniors in the community.
LINDA RHODES, Place 4, announced that she attended Concert in the Park, the quarter
auction benefitting Able’s Front Porch, and the September Youth Advisory Council (YAC)
meeting; and thanked City Secretary Leslie Galloway for her work with YAC.
JOSH ALTOM, Place 1 (submitted via email; read by Mayor Johnson), announced that
he was unable to attend this meeting due to scheduled swiftwater training; and that he
had attended Rotary meetings and was becoming more involved with the school district,
which is implementing a new reading program called ‘Blazing a Trail for Literacy’.
B. Updates from the Mayor
Mayor Johnson announced that he attended Concert in the Park and the One Safe Place
gala benefiting Camp Hope; and that he recently completed his term as Chair of Tarrant
Regional Transportation Coalition (TRTC) and was succeeded by City of Arlington Mayor DRAFT UNTIL APPROVED BY COUNCIL
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CITY COUNCIL MINUTES | OCTOBER 15, 2019
Jeff Williams. He then proclaimed Saturday, November 2, 2019 as Arbor Day.
C. Updates from the City Manager
City Manager George Campbell commended Jeff Nevarez and the Parks Board for Concert in
the Park; and announced that the Parks Board had re-elected David Deaver as Chair and
newly-elected Jeff Nevarez as Vice Chair; and that the Keep Kennedale Beautiful (KKB)
Commission had newly-elected Laurie Sanders as Chair and Kenneth Michels as Vice Chair.
D. Police Department Swearing-In Ceremony
Mayor Johnson and Councilmember Pugh swore in Sergeant Tara Culpepper, Officer Kevin
Hubbell, and Officer Keith Scott.
IX. INCIDENTAL ITEMS
X. MONITORING INFORMATION
A. Monthly Financials for September 2019
There was no discussion at this time.
B. Schedule of Investment Activity for quarter ending September 30, 2019
There was no discussion at this time.
C. KEDC Financial Report for July 2019
There was no discussion at this time.
D. KEDC Financial Report for August 2019
There was no discussion at this time.
XI. REQUIRED APPROVAL ITEMS (CONSENT)
A. Approval of the minutes from the 2:00 p.m. September 13, 2019 Special Meeting
B. Approval of the minutes from the 2:30 p.m. September 13, 2019 Special Meeting
C. Approval of the minutes from the September 17, 2019 Regular Meeting
D. Consider appointment of Vice Chair of the Planning & Zoning (P&Z) Commission
Motion To Approve. Action Approve the Consent Agenda with the amended minutes as
presented. Moved By Rhodes. Seconded By Mayor Pro Tem Lee. Motion passes
unanimously.
XII. DECISION ITEMS
A. Consider Resolution 561, adopting an amended City of Kennedale Purchasing Policy
Finance Director Lakeita Sutton stated that adoption of this policy would serve to restore the City
Manager’s purchasing authority to $49,999.99, which was in place until two amendments ago,
when it was lowered to $25,000.00. Sutton stated that comparisons to nearby and comparable DRAFT UNTIL APPROVED BY COUNCIL
Page 5 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
cities were included in the packet. In response to a question from Mayor Johnson, Sutton stated
that the advantages of this higher limit included fewer delays, especially on items already
included in the approved budget, and better relationships with vendors.
Richard Weber, 2703 Crestmoor Court, Arlington, spoke in opposition of this item.
Sara Johnson, 700 Crestview Drive, registered in opposition, but did not speak.
Motion To Approve. Action Approve Resolution 561, adopting an amended City of Kennedale
Purchasing Policy. Moved By Pugh. Seconded By Rhodes. Motion passes 2-1, with Mayor
Pro Tem Lee voting against.
B. Consider authorizing the City Manager to enter into a three-year contract with STW Inc.
for financial software
Finance Director Lakeita Sutton stated that, as discussed during work session, staff was
pleased with STW and saw no reason to change providers in the near future and, therefore,
wished to lock in pricing for the next three years.
Richard Weber, 2703 Crestmoor Court, Arlington, spoke regarding the lack of
information provided in the staff report.
Motion To Approve. Action Approve authorizing the City Manager to enter into a three-year
contract with STW Inc. for financial software. Moved By Rhodes. Seconded By Mayor Pro Tem
Lee. Motion passes unanimously.
C. Consider authorizing City Manager to enter into an agreement with Halff and Associates at a
cost of $16,500 for professional engineering services to evaluate the impacts and costs
associated with stabilizing the streambank adjacent to Valley Lane in an effort to mitigate
erosion and prevent future damage to the roadway
Public Works Director Larry Hoover stated that this agreement provided for a concept design to
address the erosion affecting Valley Lane, which would begin the necessary process with the
Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers on this
roadway, which lies in a floodplain. There was some discussion of timeframes, previous projects
that Halff had completed for the City, and this project’s relationship to the work on Trent Street.
Motion To Approve. Action Approve authorizing City Manager to enter into an agreement with
Halff and Associates at a cost of $16,500 for professional engineering services to evaluate the
impacts and costs associated with stabilizing the streambank adjacent to Valley Lane in an effort
to mitigate erosion and prevent future damage to the roadway. Moved By Pugh. Seconded By
Mayor Pro Tem Lee. Motion passes unanimously.
D. CASE # PZ 19-07 — Conduct a public hearing and consider Ordinance 670, regarding a
request by Trifecta Homes, LLC for a rezoning from “R3” Residential to “MF” Multi-Family
for approximately 4 acres located at 962 Corry A Edwards Drive, Emerald Crest Estates,
Block 1, Lot 6, 968 Corry A Edwards Drive, Emerald Crest Estates, Block 1, Lot 5R, 1022 N.
Bowman Springs Road, Block 1, Lot 4R, 1028 N. Bowman Springs Road, Block 1, Lot 3R,
1034 N. Bowman Springs Road, Block 1, Lot 2R, and 1040 N. Bowman Springs Road,
Block 1, Lot 1R, City of Kennedale, Tarrant County, Texas
Mayor Brian Johnson stated that a Special Council meeting had been scheduled for next DRAFT UNTIL APPROVED BY COUNCIL
Page 6 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
Tuesday, October 22, 2019, at 7:00 p.m., in these Council Chambers, at which time all
Councilmembers would be in attendance, and that the public hearings for each of the three
zoning cases on this agenda (Decision Items D., E., and F.) would begin tonight and continue to
that meeting. He added that anyone who had signed up to speak would have the option to either
speak tonight or to hold their comments until the next meeting.
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
case including adjacent uses and how the request aligned with the Future Land Use Plan and
principles of the Comprehensive Plan, stating that the Planning and Zoning (P&Z) Commission,
with a vote of 4-2, recommended approval, as well as staff.
Tejas Naik of Trifecta Homes, offered details and history regarding his company and the
proposed developments related to cases 19-07 and 19-08.
Mayor Brian Johnson opened the public hearing at 8:17 p.m.
There were no speakers at this time.
Motion To Continue. Action Continue the public hearing on CASE #PZ 19-07 to the Tuesday,
October 22, meeting at 7:00 p.m., in these Council chambers, when all of the Councilmembers
could be present. Moved By Pugh. Seconded By Rhodes. Motion passes unanimously.
In response to questions from the Council, Dailey stated that the number of units was 24 and
that the size of the lot was 4.5 acres, noting that the pricing would be near the median home
price for Kennedale and that the units would be individually owned, rather than rented.
E. CASE #PZ 19-08 — Conduct a public hearing and consider Ordinance 681, regarding a
request by Trifecta Homes, LLC for a rezoning from “C1” Commercial to “MF” Multi-Family
for approximately 2.5 acres located at 801 Potomac Parkway, M. P. Lamar Survey, Abstract
987, Tract 2, City of Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
case including adjacent uses and how the request aligned with the Future Land Use Plan and
principles of the Comprehensive Plan, stating that the Planning and Zoning (P&Z) Commission,
with a vote of 4-2, recommended approval, as well as staff. Dailey added that these townhomes
would help support the Urban Village (UV) that was recently approved to the north; and that
townhomes provide more guarantee of maintenance as the HOA dues include exterior building
maintenance.
Tejas Naik of Trifecta Homes, stated that the development would be about 8 to 10 townhomes
and that he was available to answer any questions.
Mayor Johnson opened the public hearing at 8:24 p.m.
Danielle Van Beest, 6500 Virginia Square, Arlington, spoke against this request.
Motion To Continue. Action Continue the public hearing on CASE #PZ 19-08 to the Tuesday,
October 22, meeting at 7:00 p.m., in these Council chambers, when all of the Councilmembers
could be present. Moved By Pugh. Seconded By Mayor Pro Tem Lee.
In response to questions from the Council, Dailey stated that zoning should allow for flexibility
regarding market demands, but aim to control the quality of development. She briefly discussed
potential ad valorem tax revenue of the proposed developments related to these three cases. DRAFT UNTIL APPROVED BY COUNCIL
Page 7 of 8
CITY COUNCIL MINUTES | OCTOBER 15, 2019
Motion passes unanimously.
F. CASE #PZ 19-09 — Conduct a public hearing and consider Ordinance 682, regarding a
request by Devan Pharis for a rezoning from “R3” Residential to “MF” Multi-Family for
approximately 11 acres located at 5306 Kennedale Sublett Road, Block 1, Lot 2, Vaquero
Coker Addition, 5310 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792,
Tract 1L, 5308 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G,
5308 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1K Homesite, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1J, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1M Homesite, 1996
Palm Arbor 28x66 LB #PFS411170& Palm Harbor, 3176 Hawkins Joplin Road, James R
Hawkins Survey, Abstract 792, Tract 1H, 3190 Hawkins Joplin Road, James R Hawkins
Survey, Abstract 792, Tract 1F, 1989 High Chaparral 28 x 56, LB #Tex0340915 Tiffany,
3196 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1E, City of
Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
case including adjacent uses and how the request aligned with the Future Land Use Plan and
principles of the Comprehensive Plan, stating that the Planning and Zoning (P&Z) Commission,
with a vote of 4-2, recommended approval, as well as staff. She noted that apartments offered a
good transition between residential and commercial and discussed the potential ad valorem
revenue for the proposed development as well as the traffic flow.
The representing realtor, Jim Maibach of Peyco Southwest Realty, discussed surrounding uses,
reiterating that an apartment would be a good transitional use for this land.
Patrick Pine of Vaquero Ventures discussed building design elements, walkability, drainage and
the proposed detention pond, light pollution mitigation, screening, setbacks, traffic patterns, and
sightlines; and gave examples of his company’s past developments. He also noted that his firm
held a neighborhood meeting with nearby homeowners to hear and respond to concerns.
Mayor Brian Johnson opened the public hearing at 8:54 p.m.
Don Coker, 5306 Sublett Road, spoke in favor of the request.
In response to questions from the Council, Dailey stated that there were 280 units, and noted
that staff had been a part of the neighborhood meeting and felt it was a positive outcome.
Mayor Johnson requested that staff reach out to Winding Creek and Georgetown in the Park
neighbors for meetings with the developers.
Motion To Continue. Action Continue the public hearing on CASE #PZ 19-09 to the Tuesday,
October 22, meeting at 7:00 p.m., in these Council chambers, when all of the Councilmembers
could be present. Moved By Pugh. Seconded By Mayor Pro Tem Lee. Motion passes
unanimously.
XIII. EXECUTIVE SESSION
THE CITY COUNCIL MET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE WORK SESSION, BUT
BEFORE THE REGULAR SESSION.
DRAFT UNTIL APPROVED BY COUNCIL
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CITY COUNCIL MINUTES | OCTOBER 15, 2019
A. Discussion with the City Attorney regarding the contract with the City of Arlington for
operations and maintenance of the water and wastewater utility system and the early
termination and release agreement with Global Water Management, LLC
B. Discussion with the City Attorney regarding salvage yards, including A&A Pickup & Van,
Inc., and special exception/special use permits
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XV. ADJOURNMENT
Motion To Adjourn. Action Adjourn. Moved By Mayor Pro Tem Lee. Seconded By Rhodes.
Motion passes unanimously.
Mayor Brian Johnson adjourned the meeting at 9:03 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
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM IV.E.2.
SUBJECT
Approval of the minutes from the October 22, 2019 special meeting
ORIGINATED BY
Leslie E. Galloway, City Secretary & Communications Coordinator
SUMMARY
Please see the attached minutes for your approval.
RECOMMENDATION
ATTACHMENTS
1.2019_10.22_Minutes_City Council Special
Meeting_DRAFT
2019_10.22_Minutes_City Council Special
Meeting_DRAFT.pdf
Page 1 of 4
CITY COUNCIL MINUTES | OCTOBER 22, 2019
KENNEDALE CITY COUNCIL MINUTES
SPECIAL MEETING | OCTOBER 22, 2019 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS
405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 7:00 p.m. and immediately recessed to
Executive Session. Mayor Johnson reconvened into open session at 7:12 p.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 Secretary
& Communications Coordinator Leslie E. Galloway, Public Works Director Larry Hoover, Director of Planning
and Economic Development Melissa Dailey, Library Director Amanda King, Planner Meghan Riddlespurger,
Permits Clerk Melinda (Lindy) Middleton, City Attorney Drew Larkin
III. VISITOR AND CITIZEN FORUM
There were no requests to speak at this time.
IV. REGULAR ITEMS
A. Consider Ordinance 683, adopting a “fine-free” structure for the Kennedale Public Library
and an annual fee for those cardholders living outside the legal boundaries of the City of
Kennedale
Motion To Approve. Action Approve Ordinance 683, adopting a “fine-free” structure for the
Kennedale Public Library and an annual fee for those cardholders living outside the legal
boundaries of the City of Kennedale. Moved By Rhodes. Seconded By Pugh. Motion
passes unanimously.
B. Receive a report and hold a discussion regarding types of past and future residential
development in relation to the Comprehensive Plan
Director of Planning and Economic Development Melissa Dailey gave an overview of the
Comprehensive Plan including the preferred growth plan, noting that it was a combination of
New Urbanism and Green Infrastructure with goals including access to varied housing, creation
of jobs, and development of a stable and equitable tax base. Dailey then discussed past,
current, and potential housing developments. Dailey also discussed some myths surrounding
multi-family developments as well as infrastructure cost comparisons to single-family.
C. CASE # PZ 19-07 — Continue a public hearing and consider Ordinance 680, regarding a
request by Trifecta Homes, LLC for a rezoning from “R3” Residential to “MF” Multi-Family
for approximately 4 acres located at 962 Corry A Edwards Drive, Emerald Crest Estates,
Block 1, Lot 6, 968 Corry A Edwards Drive, Emerald Crest Estates, Block 1, Lot 5R, 1022 N.
Bowman Springs Road, Block 1, Lot 4R, 1028 N. Bowman Springs Road, Block 1, Lot 3R, DRAFT UNTIL APPROVED BY COUNCIL
Page 2 of 4
CITY COUNCIL MINUTES | OCTOBER 22, 2019
1034 N. Bowman Springs Road, Block 1, Lot 2R, and 1040 N. Bowman Springs Road,
Block 1, Lot 1R, City of Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
property including adjacent uses and how the zoning change request met requirements of the
Future Land Use Plan and principles of the Comprehensive Plan, noting that the Planning and
Zoning Commission, with a vote of 4-2, recommended approval, as well as staff.
Mayor Johnson continued the public hearing (which began during the Tuesday, October 15
Regular Meeting) at 7:37 p.m.
Tejas Naik, 2504 W Park Row Drive, Arlington, on behalf of Trifecta Homes, LLC, spoke
in support of this request.
Keyir Naik, 2504 W Park Row Drive, Arlington, on behalf of Trifecta Homes, LLC, spoke
in support of this request.
Jerod Reeves, 1519 Diamond Creek Lane, spoke against this request.
Carolyn Cox, 1031 Winding Creek, spoke against this request.
Jason Webb, 1027 Winding Creek, spoke against this request.
Roy Boenig, 1020 Kennedale Sublett Road, spoke against this request.
Frank Fernandez, 911 Shady Vale Drive, spoke against this request.
Mayor Johnson closed the public hearing at 7:55 p.m.
Director of Planning and Economic Development Melissa Dailey responded with information
regarding infrastructure, drainage, engineering, building specifications, and walkability.
Motion To Deny. Action Deny Ordinance 680, regarding a request by Trifecta Homes, LLC for
a rezoning from “R3” Residential to “MF” Multi-Family for approximately 4 acres located at 962
Corry A Edwards Drive. Moved By Altom. Seconded By Rhodes. Motion to deny passes 4-1,
with Mayor Pro Tem Lee voting against.
D. CASE #PZ 19-08 — Continue a public hearing and consider Ordinance 681, regarding a
request by Trifecta Homes, LLC for a rezoning from “C1” Commercial to “MF” Multi-Family
for approximately 2.5 acres located at 801 Potomac Parkway, M. P. Lamar Survey, Abstract
987, Tract 2, City of Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
property including adjacent uses and how the zoning change request met requirements of the
Future Land Use Plan and principles of the Comprehensive Plan, noting that the Planning and
Zoning Commission, with a vote of 4-2, recommended approval, as well as staff.
Mayor Johnson continued the public hearing (which began during the Tuesday, October 15
Regular Meeting) at 8:02 p.m.
Tejas Naik, 2504 W Park Row Drive, Arlington, on behalf of Trifecta Homes, LLC, spoke
in support of this request.
Brent Heatherley, 5014 Southpoint Drive, Arlington, on behalf of Georgetown Commons
HOA, spoke against this request.
Margo Jordan, 6702 Potomac Parkway, Arlington, on behalf of the Georgetown in the
Park HOA, spoke regarding drainage. DRAFT UNTIL APPROVED BY COUNCIL
Page 3 of 4
CITY COUNCIL MINUTES | OCTOBER 22, 2019
Danielle Van Beest, 6500 Virginia Square, Arlington, spoke against this request.
Roy Boenig, 1020 Kennedale Sublett Road, spoke against this request.
Dave Cooksey, 1025 N Little Road, on behalf of Old School Primitive Baptist Church,
spoke regarding security and drainage.
Frank Fernandez, 911 Shady Vale Drive, spoke against this request.
Mayor Johnson closed the public hearing at 8:21 p.m.
Director of Planning and Economic Development Melissa Dailey responded with information
regarding the platting process, drainage requirements, and access points.
Motion To Deny. Action Deny Ordinance 681, regarding a request by Trifecta Homes, LLC for
a rezoning from “C1” Commercial to “MF” Multi-Family for approximately 2.5 acres located at
801 Potomac Parkway. Moved By Rhodes. Seconded By Wandel. Motion to deny passes 3-
2, with Mayor Pro Tem Lee and Altom voting against.
E. CASE #PZ 19-09 — Continue a public hearing and consider Ordinance 682, regarding a
request by Devan Pharis for a rezoning from “R3” Residential to “MF” Multi-Family for
approximately 11 acres located at 5306 Kennedale Sublett Road, Block 1, Lot 2, Vaquero
Coker Addition, 5310 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792,
Tract 1L, 5308 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G,
5308 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1K Homesite, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1J, 5306
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1M Homesite, 1996
Palm Arbor 28x66 LB #PFS411170& Palm Harbor, 3176 Hawkins Joplin Road, James R
Hawkins Survey, Abstract 792, Tract 1H, 3190 Hawkins Joplin Road, James R Hawkins
Survey, Abstract 792, Tract 1F, 1989 High Chaparral 28 x 56, LB #Tex0340915 Tiffany,
3196 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1E, City of
Kennedale, Tarrant County, Texas
Director of Planning and Economic Development Melissa Dailey gave a brief overview of the
property including adjacent uses and how the zoning change request met requirements of the
Future Land Use Plan and principles of the Comprehensive Plan, noting that the Planning and
Zoning Commission, with a vote of 4-2, recommended approval, as well as staff.
Jim Maibach (President and Owner), B.J. Hall (Property Manager and Licensed Sales Agent),
and Cole Carter (Property Tax Associate and Appraisals), all of Peyco Southwest Realty and
Patrick Pine (Development Partner) of Vaquero Ventures, were all available to answer questions
from the City Council.
Jim Maibach discussed several topics including access points, buffering and screening, and
market rate pricing. Patrick Pine discussed several topics including traffic, the widening of
Sublett Road, drainage, site plan, building specifications, and sightlines.
Mayor Johnson continued the public hearing (a continuation of the hearing that began during the
Tuesday, October 15 Regular Meeting) at 8:43 p.m.
Sara Johnson, 700 Crestview Drive, spoke about the need for business retention and
development. DRAFT UNTIL APPROVED BY COUNCIL
Page 4 of 4
CITY COUNCIL MINUTES | OCTOBER 22, 2019
Claire McCartney, 1404 Fern Court, spoke against the request.
Michael Watson, 412 Coker Valley Lane, spoke against the request.
Frank Fernandez, 911 Shady Vale Drive, spoke against the request.
Superintendent Chad Gee, 1018 Belmont, on behalf of Kenndale ISD, spoke against
the request.
Richard Weber, 2703 Crestmoor Court, Arlington, spoke against the request.
Property Owner Carolyn Coker Williamson, 2315 Little Road, Arlington, TX 76016,
spoke in favor of the request.
Tracy Hardy, 1406 Fern Court, spoke against the request.
Sharon Hamrick, Joe Taylor, Lesa Guerrero, Lisa Cooper, and April Reeves, and
Jerod Reeves, submitted written statements against this request.
Mayor Johnson closed the public hearing at 9:11 p.m.
Patrick Pine responded with information regarding drainage, detention, setbacks, walkability.
Discussion among the Council included the direction of flow of the creek, drainage, runoff,
grading of the lot, number of units, and future plans for Joplin Road (a City of Arlington Road).
Motion To Approve. Action Approve Ordinance 682, regarding a request by Devan Pharis for a
rezoning from “R3” Residential to “MF” Multi-Family for approximately 11 acres located at 5306
Kennedale Sublett Road, City of Kennedale. Moved By Pugh. Seconded By Wandel. Motion
to approve passes 4-1, with Rhodes voting against.
V. ADJOURNMENT
Motion To Adjourn. Action Adjourn. Moved By Wandel. Seconded By Rhodes. Motion passes
unanimously.
Mayor Johnson adjourned the meeting at 9:27 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
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM IV.E.3.
SUBJECT
Consider authorizing a five-year extension of the current contract with Waste Connections for residential and
commercial solid waste collection, transport, disposal, and recycling services
ORIGINATED BY
Danielle Clarke, Director of Human Resources & Administrative Services
SUMMARY
On November 1, 2007, the City entered into a contract with IESI TX Corporation (which has subsequently been
known as Progressive Waste and, currently, Waste Connections of Texas) to provide residential and commercial
customers with solid waste collection, transport, and disposal for a five-year term, ending January 31, 2013.
Since that time, the City has entered into three amendment and renewal agreements. The first, on October 3, 2012,
extended the contract by five years (through January 31, 2018) and amended the rates.
The second, dated May 14, 2015, extended the contract through January 31, 2020, and included the option for the
City to extend the contract for two successive terms of five years each. It was during this extension that the
curbside recycling carts were implemented and the rates were adjusted to include weekly curbside recycling
service.
The third amendment, dated September 18, 2017, amended the rates.
The fourth amendment, dated August 1, 2018, also amended the rates.
The current contract expires on January 31, 2020, but, as mentioned above, does provide for a five-year extension.
Service complaints have been low and there have been no indications that customers are unsatisfied with the
services provided.
Per the existing contract, the City receives a 10% franchise fee for residential services and a 10% franchise fee for
commercial services from Waste Connections. Changing waste service providers is a process that requires
significant time and possible interruptions in service.
Waste Connections is not requesting a rate adjustment at this time and does not anticipate a request until
2021.Given the positive relationship and service satisfaction levels, staff recommends that the Council approve
extension of the current contract for another five-year period, through January 31, 2025.
RECOMMENDATION
Approval of the extension of the current contract for another five-year period, through January 31, 2025.
ATTACHMENTS
1.Fifth Amendment and Five-Year Extension Agreement 2019_11.19 Waste Connections Fifth Amendment.pdf
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FFIIFFTTHH AAMMEENNDDMMEENNTT AANNDD EEXXTTEENNSSIIOONN AAGGRREEEEMMEENNTT ((NNOOVVEEMMBBEERR 22001199))
IINNCCLLUUDDIINNGG EEXXHHIIBBIITT ““AA””,, PPAAGGEE 11 OOFF 33
FIFTH AMENDMENT AND EXTENSION AGREEMENT
This Fifth Amendment and Extension Agreement (“Agreement”) is entered into effective
____________, 2019, by and between the City of Kennedale, Texas, a municipal corporation of Tarrant
County, Texas (the “City”) and Waste Connections, Inc., a Texas corporation (the “Contractor”).
RECITALS
WHEREAS, the City and IESI TX Corporation entered into a Consolidated Contract for
Residential and Commercial Solid Waste and Recycle Collection dated as of November 1, 2007 (the
“Original Contract”); and
WHEREAS, on June 20, 2012, IESI TX Corporation changed its name to Progressive Waste
Solutions of TX, Inc.; and
WHEREAS, on June 1, 2016, Progressive Waste Solutions Ltd. and Waste Connections, Inc.
completed a merger transaction and now operate under the name Waste Connections, Inc.; and
WHEREAS, the City and Progressive Waste Solutions of TX, Inc. entered into an Amendment
and Renewal Agreement with an effective date of October 3, 2012 (the “First Amendment”) and a Second
Amendment to Contract with an effective date of May 14, 2015 (the “Second Amendment”), and the City
and Contractor entered into a Third Amendment to Contract with an effective date of September 18, 2017
(the “Third Amendment”) and a Fourth Amendment to Contract with an effective date of August 1, 2018
(the “Fourth Amendment”)(with the Original Contract, First Amendment, Second Amendment, Third
Amendment and Fourth Amendment collectively referred to as the “Contract”); and
WHEREAS, Section 2 of the Contract provides that the Contract terminates January 31, 2020,
but that it may be renewed by mutual consent of the parties; and
WHEREAS, the purpose of this Agreement is to extend the Contract for one additional term of
five years and to amend the Rate Sheet attached to the Contract.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein
and in the Contract, the City and the Contractor hereby agree as follows:
1. Extension. Pursuant to section 2 of the Contract, the term of the Contract is extended for
one additional five (5) year term, thereby extending the termination date of the Contract
to January 31, 2025.
2. Rate Sheet. The Rate Sheet attached to the Contract is hereby deleted in its entirety and
replaced with the Rate Sheet attached hereto as Exhibit “A.”
3. Reaffirmation. The parties hereby restate and reaffirm their agreement with all of the
terms and provisions of the Contract, as amended hereby.
4. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which collectively shall constitute one and
the same instrument representing this amendment between the parties hereto, and it shall
WWAASSTTEE CCOONNNNEECCTTIIOONNSS // CCIITTYY OOFF KKEENNNNEEDDAALLEE
FFIIFFTTHH AAMMEENNDDMMEENNTT AANNDD EEXXTTEENNSSIIOONN AAGGRREEEEMMEENNTT ((NNOOVVEEMMBBEERR 22001199))
IINNCCLLUUDDIINNGG EEXXHHIIBBIITT ““AA””,, PPAAGGEE 22 OOFF 33
not be necessary for the proof of this Agreement that any party produce or account for
more than one such counterpart.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
CITY OF KENNEDALE, TEXAS WASTE CONNECTIONS, INC.
405 MUNICIPAL DRIVE 4001 OLD DENTON RD.
KENNEDALE, TX 76060 HALTOM CITY, TX 76117
BY: ___________________________________ BY: __________________________________
BRIAN JOHNSON, MAYOR
DATE: 11/19/2019 NAME: _______________________________
TITLE: ________________________________
DATE: ____________________________
WWAASSTTEE CCOONNNNEECCTTIIOONNSS // CCIITTYY OOFF KKEENNNNEEDDAALLEE
FFIIFFTTHH AAMMEENNDDMMEENNTT AANNDD EEXXTTEENNSSIIOONN AAGGRREEEEMMEENNTT ((NNOOVVEEMMBBEERR 22001199))
IINNCCLLUUDDIINNGG EEXXHHIIBBIITT ““AA””,, PPAAGGEE 33 OOFF 33
EXHIBIT “A”
Rate Sheet
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.1.
SUBJECT
Discuss and consider adoption of Resolution 562, affirming the casting of votes for the 2020 Tarrant Appraisal
District (TAD) Board of Directors
ORIGINATED BY
George Campbell, City Manager
SUMMARY
At this time, Council will consider for which candidate(s) the City’s six (6) votes should be cast in the Tarrant
Appraisal District (TAD) Board of Directors election. The ballot must be submitted to TAD by December 15, 2019.
Taxing entities elect members to this board every two years. The 5,000 total countywide votes are allocated by the
total amount of tax funds collected, and Kennedale is allotted six votes. A breakdown of the votes by entity is
attached.
At this time the Council should determine the candidate(s) for whom the six (6) votes will be cast. Votes can
be cast collectively or separately. There are ten (10) candidates for five (5) positions:
• Mr. Daniel J. Bennett (City of Haslet)
• Mr. Richard DeOtte (Cities of Colleyville and Southlake)
• Mr. John Fegan (Birdville and White Settlement ISDs)
• Mr. Michael Glaspie (Tarrant County)
• Mr. Mike Leyman (White Settlement ISD)
• Mr. Gary Losada (City of Colleyville)
• Mr. John Molyneaux (Fort Worth and White Settlement ISDs)
• Mr. Mike O'Donnell (Arlington and White Settlement ISDs)
• Mr. Joe Potthoff (White Settlement ISD)
• Ms. Kathryn Wilemon (Tarrant County)
In 2017, the Council elected to cast all available votes for Daniel J. Bennett; in 2015, for Mark Wood; and in 2013,
for Mike Leyman.
A copy of the current ballot and accompanying letter from TAD are attached. Also attached is a letter, from
Colleyville Mayor Richard Newton, recommending Gary Losado and Richard DeOtte.
RECOMMENDATION
ATTACHMENTS
1.01. 2019_10.25 TAD Letter 01. 2019_10.25 TAD Letter.pdf
2.02. 2019_10.25 TAD Ballot 02. 2019_10.25 TAD Ballot.pdf
3.03. 2019_10.25 TAD Number of Votes per Entity 03. 2019_10.25 TAD Number of Votes per Entity.pdf
4.04. 2019_10.21 Recommendation of Gary Losada
and Richard DeOtte from Mayor of Colleyville
04. 2019_10.21 Recommendation of Gary Losada and
Richard DeOtte from Mayor of Colleyville.pdf
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.2.
SUBJECT
Consider adoption of Ordinance 684, amending the composition, charge, and meeting requirements for the Utility
and Infrastructure Board (UIB)
ORIGINATED BY
George Campbell, City Manager
SUMMARY
Per Council's direction, the proposed changes to the composition, charge, and meeting requirements of the UIB
that are currently reflected in Ordinance 684 (attached) are:
• That the Board will meet only when requested by the Council
• That the Board will consider specific items or issues as assigned by the Council
• Regular members (Places 1-7) shall be:
- 2 Planning and Zoning (P&Z) Commissioners;
- 2 Economic Development Corporation (EDC) Board Members;
- 2 Parks and Recreation Board Members; and
- 1 qualified citizen
• Alternate members (Places 8-9) shall be qualified citizens of the City of Kennedale
Staff will be available to answer questions.
RECOMMENDATION
Approve
ATTACHMENTS
1.O684_UIB Amendments O684_UIB Amendments.pdf
PAGE 1 OF 4
O684 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 684
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE II, OF THE
CODE OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS
AMENDED, BY AMENDING SECTION 23-33, “UTILITY AND
INFRASTRUCTURE 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 XI, 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 Utility and Infrastructure Board; and
WHEREAS, the City Council now desires to amend said ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-33 “Utility and infrastructure board” of Article II “Municipal Water
System” of Chapter 23 “Water, Sewers and Sewage Disposal” of the Kennedale City
Code is hereby amended to read as follows:
“Sec. 23-33. – Utility and infrastructure board.
(a) Creation and purpose. There is hereby created and established a utility and infrastructure
board. Such board shall be officially designated as the utility and infrastructure board of the City of
Kennedale, Texas. On request of the city council, the board shall provide recommendations and
advice to the city council on policies, projects, and other matters pertaining to the water and
wastewater system, the storm water utility system, the street/transportation system, and the solid
waste collection system.
(b) Membership.
(1) The board shall consist of seven (7) regular members, designated by Places 1
through 7, who shall be appointed by a majority vote of the city council. Places 1, 3,
5, and 7 shall serve two (2) year terms expiring October 1 of odd numbered years
and Places 2, 4, and 6 shall serve two (2) year terms expiring October 1 of even
numbered years. The city council may also appoint by majority vote two (2) alternate
members, designated as Places 8 and 9 who shall serve in the absence of one or
more regular members. Place 8 shall be appointed to an initial term expiring October
1, 2020. Place 9 shall be appointed to an initial term expiring October 1, 2019.
Thereafter the terms for each alternate place shall be two (2) years.
(2) Members must meet the following qualifications:
PAGE 2 OF 4
O684 CITY OF KENNEDALE, TX 2019
a. Be a registered voter of the city;
b. Shall have resided in the corporate limits of the city for at least one (1) year;
c. Shall continue residency in the city during the term of office;
d. May not be a city councilmember at the time of their appointment or
throughout the term of their office;
e. Members serving as places 1 and 2 must be, at the time of their appointment
and throughout the term of their office, members of the Planning and Zoning
Commission;
f. Members serving as places 3 and 4 must be, at the time of their appointment
and throughout the term of their office, members of the Parks and Recreation
Board; and
g. Members serving as places 5 and 6 must be, at the time of their appointment
and throughout the term of their office, members of the Kennedale Economic
Development Corporation.
(3) The city council shall appoint a replacement to fill any vacancy for the unexpired term
of a member whose place has become vacant.
(4) The city council shall have the authority to remove any member at any time, with or
without cause.
(c) Organization, rules, and requirements.
(1) By November of each year, or as soon as practicable thereafter, the city council must
appoint, by simple majority vote, a chair and vice chair. The terms of the chair and
vice chair shall be one (1) year. It will be the duty of the chair to preside over
meetings. If the chair is absent the vice chair shall assume the duties of the office.
(2) Members of the board shall meet as requested by the city council to consider issues
as assigned by the city council.
(3) The board shall conduct meetings and govern its proceedings according to the city
council's adopted rules of order, abide by the Texas Open Meetings Law, and shall
keep a record of its proceedings, including votes and attendance, and shall submit
these records to the city secretary's office.
(4) Members of the board shall not take any action unless a quorum is present. A
quorum shall consist of four (4) members. Each member, including the chair, is
entitled to one (1) vote, and action of the board shall require a majority of those
members present.
(5) The city manager shall designate a city employee to serve as staff liaison to the
board.
PAGE 3 OF 4
O684 CITY OF KENNEDALE, TX 2019
(6) Members of the board shall receive one dollar ($1.00) for each meeting attended as
compensation for the performance of their duties. In addition, members may receive
reimbursement of authorized expenses attendant to the performance of their duties.
(d) Powers and duties.
(1) This board is advisory only and shall not have any decision-making authority.
(2) The board shall have the following duties:
a. On request of the city council, to make studies and project plans for the city's
water and wastewater system; solid waste collection system;
streets/transportation system; and storm water utility system, including
erosion controls and improvements along Village Creek tributaries and
improvements to the main branch of Village Creek;
b. On request of the city council, to aid and assist the city in the procuring of
financial and other aids and assistance for the city from the state and federal
governments and their agencies for each and all the purposes herein
enumerated;
c. On request of the city council, to act with and assist all other municipal
boards, governmental agencies, regional associations and the city council in
formulating proper plans for utility infrastructure development;
d. On request of the city council, to plan and recommend capital improvement
projects (CIP) related to the water and wastewater utility, storm water utility,
streets and transportation, and solid waste utility;
e. On request of the city council, to recommend general rules and regulations
governing use of water and wastewater utilities, storm water utility, streets
and transportation, and solid waste collection;
f. To accomplish these duties, the board may establish subcommittees as
requested by the city council. Any subcommittee shall be chaired by a utility
and infrastructure board member, and an unspecified number of community
volunteers may be chosen by the board as working subcommittee members.”
SECTION 2.
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.
It is hereby declared to be the intention of the City Council that should the
phrases, clauses, sentences, paragraphs or sections of this ordinance be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent
PAGE 4 OF 4
O684 CITY OF KENNEDALE, TX 2019
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 in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 19TH DAY OF NOVEMBER, 2019.
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST: [ C I T Y S E A L ]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
______________________________ ______________________________
CITY ATTORNEY DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.3.
SUBJECT
Consider making appointments to the Utility and Infrastructure Board (UIB)
ORIGINATED BY
George Campbell, City Manager
SUMMARY
At this time, Council may consider making appointments to the UIB, pursuant to Ordinance 684.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.4.
SUBJECT
Consider authorizing the City Manager to enter into an agreement with Shield Engineering Group at a cost of
$103,700.00 for the engineering design of water, wastewater, drainage, and paving improvements for Peggy Lane
ORIGINATED BY
Larry Hoover, Public Works Director
SUMMARY
The attached agreement would provide for Shield Engineering to design the necessary infrastructure improvements
for the rehabilitation of Peggy Lane. This existing asphalt roadway is about 20-feet wide, with bar ditches along the
east side; and it is proposed to be replaced with 28-foot concrete roadway with sidewalks, a storm drainage
system, and curb inlets contained within the existing 50-foot public right-of-way (ROW).
The existing 8” asbestos pipe along the west side would be replaced with 8” waterline. The existing sanitary 6” PVC
sewer line along the east side will be reviewed using CCTV and rehabilitated based upon the assessed condition.
As Council may be aware, Peggy Lane is a unique street in that it has two trees in the center of the roadway that
are beloved by many of the residents in that area. In May 2018, certified arborist Ryan Elliot examined the trees,
finding that the post oak at 1219 Peggy is in good general health (needing only minor trimming); but recommended
removal of the young red oak at 1201 Peggy, which has multiple issues that leave the tree “prone to failure”. Staff
did not follow the recommendation for removal at that time due to input from residents.
Staff believes that it is highly likely that the construction of the above mentioned infrastructure could very well
damage the two existing trees, causing them to die, and has instructed Shield to thoughtfully address the trees in
their design and make reasonable attempts to minimize the damage and preserve these trees in their existing
locations.
One solution would be to create a “complete street” design, which would not save the existing trees, but would
include the planting of trees within the ROW between the sidewalk and the curb.
Another solution would be to seek additional ROW from the owners of the properties closest to the trees, to allow
the infrastructure to be placed as far as possible from the trees. However, this would incur additional costs.
Procurement of any easement or ROW would come at a cost of $1,500.00 each (for the necessary legal
documents). Of note, it is likely that some easements or ROW will be necessary due to drainage that must be
addressed, no matter what decision is made regarding the trees.
The funding source for this project would be proceeds from the 2019 Series Tax Note.
RECOMMENDATION
Approve
ATTACHMENTS
1.Presentation 2019_11.09 Peggy Lane Presentation_LG.pdf
2.Contract 2019_11.19 SHIELD Peggy Lane Infrastructure PSA_FINAL.pdf
Peggy Lane
Rehabilitation
TUESDAY, NOVEMBER 19, 2019
CITY COUNCIL MEETING
RED OAK
1201 Peggy
Multiple Issues
“Prone to
Failure”
Arborist
recommended
removal in ‘18
Staff did not
remove due to
residents’ desire
to maintain
POST OAK
1219 Peggy
Generally in
good health
Minor trimming
recommended
$1,500 per easement
or ROW necessary
to address drainage
issues or to
accommodate the
existing trees
Initials _______ _______ Page 1 of 10
(FIRM) (CLIENT)
AN AGREEMENT TO PROVIDE LIMITED PROFESSIONAL SERVICES
PROJECT NAME: Peggy Lane Infrastructure Improvements
PROJECT NO: 2019040.01
CLIENT: City of Kennedale, Attn: Larry Hoover
ADDRESS: 405 Municipal Drive, Kennedale, TX 76060
hereby requests and authorizes Shield Engineering Group, PLLC (the Firm) to perform the
following Services.:
SCOPE: The city of Kennedale (Client, City or Owner) has identified roadway, drainage and utility
improvements along Peggy Lane to be rehabilitated from E Kennedale Sublett Road south to the cul-
de-sac end approximately 1730 linear feet.
The Firm understands Peggy Lane Improvements, located in Kennedale, Texas, to consist of civil
engineering services associated with roadway, water, sanitary sewer and drainage rehabilitation
improvements.
The existing asphalt roadway is 20’+/- wide with bar ditches along the east side contained within a 50’
public ROW. This roadway is proposed to be replaced with 28’ back to back concrete roadway with a
storm drainage system and curb inlets contained within the existing 50’ ROW. The existing water line
is an 8” WL along the west side of the roadway. A new 8” water line is proposed to replace and
abandon the existing 8” asbestos water pipe. The services will be reconnected to the new water line .
The existing sanitary sewer line is shown as a 6” SS PVC along the east side of the roadway. This
line will be reviewed using CCTV and rehabilitated based on the condition assessment of the pipe.
Sidewalks are proposed along both sides of the roadway.
The Firm understands that there are two trees located in the middle of the roadway and the City intent
is to design around these trees to attempt to preserve the trees in their current location.
Exhibits, as-built plans, and other miscellaneous services beyond this scope will be Additional
Services and billed at the Hourly Rate Schedule provided with this scope.
The Client shall either directly provide the following information or make the information available
from one of the Client’s subconsultants including but not limited to:
Geotechnical Report for pavement recommendation
CCTV of SS Line for condition assessment
Initials _______ _______ Page 2 of 10
(FIRM) (CLIENT)
Basic Services:
1. Conceptual Design Package and Data Collection: $15,900
a. Site Visit: The Firm will visit the site one time to observe existing conditions .
b. Plan Research: The Firm will gather available existing infrastructure plans adjacent to and
serving the site to be used for the site civil design. Firm will research proposed
improvements in conjunction with any other planned future improvements that may influence
the project.
c. Future Improvements: The Firm will research proposed improvements in conjunction with
any other planned future improvements that may influence the project.
d. Data Collection: The data collection efforts may include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
rehabilitation plans.
e. Conceptual Design Package: shall include the following.
i. Graphic exhibits and written summary of alternative design concepts considered,
strengths and weaknesses of each, and the rationale for selecting the recommended
design concept.
ii. Proposed phasing of any water, sanitary sewer, and pavement work that is included in
this project.
iii. Existing and proposed typical sections of the roadway to be constructed for the roadway
including: existing and proposed ROW, existing and proposed lane widths, existing and
proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway
section will be reinforced concrete section as specified in the geotechnical report
provided by the City or as directed by the City.
iv. Conceptual plan and profile sheets showing existing and proposed horizontal roadway
alignments, existing and proposed ROW, existing and proposed sidewalks and
driveways, proposed lane dimensions, existing drainage structures, city owned and
franchise utilities as determined by dig-tess, and existing roadway vertical alignments
(profiles).
f. Preliminary Opinion of Probable Costs: The Firm will prepare one Preliminary Opinion of
Probable Cost using our recent bid tabs, or Client provided unit prices, however, in either
case, the Client represents their acceptance of these prices by using the estimate provided.
2. Survey Services: $30,800
a. Topographic Design Survey: Perform on-the-ground design survey for the site (as defined
above) to verify detailed information for engineering design. The Firm will provide topographic
design survey which may include but is not limited to 1’ contour intervals, horizontal and
vertical location of existing surface features such as water valves, fire hydrants, telephone
poles, sanitary sewer manholes and flowline information, storm drain system structures and
flowlines and pipe sizes, curbs, edge of pavement, retaining walls, power poles, dig -tess pin
flags, creek cross sections, etc.
Initials _______ _______ Page 3 of 10
(FIRM) (CLIENT)
b. Right-of-Way Research: The Firm shall determine rights-of-way and easements needed for
construction of the project. Required temporary and permanent easements will be identified
based on available information and recommendations will be made for approval by the City.
c. Right of Entry: Prior to construction, the Firm’s Surveyor shall prepare Temporary Right of
Entry documents for the City to use and obtain from landowners. It is assumed that letters will
only be required for land owners adjacent to temporary construction easements or who are
directly affected by the project and no easement is required to enter their property.
3. Preliminary Design and Specifications: $33,000
a. Preliminary Design Drawings: The preliminary design drawings shall include:
i. Project Control Sheet showing all control points used or set while gathering data,
ii. Overall project easement layout,
iii. Overall Water layout sheet, preliminary water plans and water profiles for waterlines 12”
and larger,
iv. Overall Sanitary Sewer layout sheets and preliminary sanitary sewer plan and profiles,
v. Preliminary iSWM: The Firm will prepare a preliminary iSWM submittal per the City
requirements.
vi. Downstream Assessment: The Firm will provide a downstream assessment for the site.
This assessment will include the current City Design Criteria and adopted iSWM
standards. The intent of this modeling and design is to satisfy the “no adverse impact”
criteria downstream . (HMS Modeling included)
vii. Drainage area map and preliminary drainage plans – including hydraulic calculations and
preliminary storm drain plan and profile,
viii. Preliminary Roadway plan and profiles and typical roadway sections,
ix. Preliminary details.
b. Traffic Control Plan: The Firm will prepare a traffic control plan using City and MUTCD
standards.
c. Erosion Control Plan: The Firm will prepare an erosion control plan using City and TCEQ
standards to be used with the contractor SWPPP.
d. Preliminary Opinion of Probable Costs: The Firm will update the Preliminary Opinion of
Probable Cost.
e. Specifications: The Firm shall prepare draft specifications.
4. Final Design and Construction Documents: $16,500
a. SWPPP: For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP) with appropriate regulatory agencies.
b. Draft Final plans (90%) and specifications shall be submitted to City for final comments.
Initials _______ _______ Page 4 of 10
(FIRM) (CLIENT)
c. Following a 90% construction plan review meeting with the City, the Firm shall submit
Construction Documents (100%) to the City per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the engineer registered in State of Texas.
d. The Firm shall submit a final design estimate of probable construction cost with 100%
design package.
5. Bid Phase Support Services: $2,500 Hourly
a. The Firm shall sell (or transmit electronically at no cost) contract documents and maintain a
plan holders list of Contractor’s and Plan Holder Registrations who have requested or
purchased plans.
b. The Firm will develop and implement procedures for receiving and answering bidders’
questions and requests for additional information. The procedures shall include a log of all
significant bidders questions and requests and the response thereto. The Firm will provide
technical interpretation of the contract bid documents and will prepare proposed responses
to all bidders questions and requests, in the form of addenda. The Firm shall transmit all
approved addenda distribute addenda to all plan holders.
c. The Firm will attend the prebid conference in support of the City.
d. The Firm will assist the City in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
e. The Firm will attend the bid opening in support of the City.
f. The Firm will tabulate and review all bids received for the construction project, assist the C ity
in evaluating bids, and recommend award of the contract.
g. The Firm will incorporate all addenda into the contract documents and issue conformed sets.
6. Construction Phase Services: $5,000 Hourly
a. The Firm shall attend the preconstruction conference.
b. The Firm shall visit the project site at requested intervals as construction proceeds to
observe and report on progress.
c. As requested by the City, the Firm shall provide necessary interpretations and clarifications
of contract documents, review change orders, and make recommendations as to the
acceptability of the work.
7. Easement Separate Instruments: The Firm’s Surveyor shall prepare documents to be used to
obtain permanent and/or temporary easements required to construct the improvements. The
Firm shall assist the Client with normal coordination of the easement process but is not
responsible for negotiating, securing or executing any part of the easement(s). A dditional
easements will be considered Additional Services. $1,500 each
8. Right-of-Way: The Firm’s Surveyor shall prepare documents to be used to obtain right -of-way
required to construct the improvements. The Firm shall assist the Client with normal coordination
of the easement process but is not responsible for negotiating, securing or executing any part of
the easement(s). Additional easements will be considered Additional Services. TBD
Initials _______ _______ Page 5 of 10
(FIRM) (CLIENT)
SUMMARY:
1. Conceptual Design Package and Data Collection $ 15,900
2. Survey Services $ 30,800
3. Preliminary Design and Specifications $ 33,000
4. Final Design and Construction Documents $ 16,500
5. Bid Phase Support Services hourly estimate $ 2,500
6. Construction Phase Services hourly estimate $ 5,000
Total Estimated Fee: $ 103,700
7. Easements each $ 1,500
8. Right-of-Way if needed $ TBD
Reimbursable budget estimate: As Incurred
The Client will pay all Impact fees, FEMA fees, submittal fees, and all other fees and taxes.
The Firm will provide the professional services listed above in accordance with local requirements
and per the Client’s instructions within the legal and ethical obligations as described in The State of
Texas, Texas Engineering Practice Act and Rules Concerning the Practice of Engineering and
Professional Engineering Licensure (latest edition). This scope of services contract does not imply or
guarantee acceptance by governing agencies or municipalities.
Accepted for CLIENT Accepted for SHIELD ENGINEERING GROUP, PLLC
By:
By:
Name: Name: Craig H. Barnes
Title:
Title: President
Date:
Date:
Initials _______ _______ Page 6 of 10
(FIRM) (CLIENT)
Exclusions and Additional Services: This proposal was prepared based on information provided by the
Client and the conditions known to Shield Engineering Group, PLLC at the time of preparing this
proposal. Tasks not included in the scope will be considered Additional Services. If the Engineer is
requested to become involved with any of the following items, the Firm will be pleased to provide them for
additional fees to be determined at that time. Additional Services include any services not listed above
and all other special or miscellaneous services specifically authorized by the Client. Authorized
Additional Services shall be billed in accordance with the attached Hourly Rate Schedule or for a
prenegotiated lump sum fee approved by the Client. The following is an example of services which will
be considered additional or excluded:
Bidding Phase Services beyond those listed above.
Construction Phase Services beyond those listed above.
Subsurface Utility Engineering (SUE)
Franchise Utility Relocation Coordination and Offsite Franchise Utility Coordination
Traffic Analysis, Parking Flow Study, Signal Warrant Study
Studies: Line of Sight, Water, Sanitary Sewer, Traffic, Flood
Special Use Permits for Oil and Gas Coordination
Survey (beyond those listed above): As-Built Survey/ALTA Survey, Boundary Title Search,
Vacation Instruments, Additional Closing Exhibits and Legal Descriptions, G rade Certification,
Rail Certification, or any other surveying services beyond those listed above
Demolition Plan
City Encroachment Agreements
TxDOT Driveway/Utility Permit, Design and Details
Water Appropriations, FAA, TxDOT, TRA, Railroad, Driveway
Landscape architecture and irrigation system design
Environmental Waters of the US/Wetland permits
LOMR, CLOMR,
Design of pump house, fire alarms, flow test(s) and/or ground storage tank for fire protection
system design
Design of retaining walls, screening walls, detached structures, special brick paved areas,
etc.
Design of offsite spoil/borrow area for excavation material
Geotechnical Investigations, Material Testing and Inspection Services
Coordination of Building Permit Processing and TDLR Review shall be provided by Arch itect
or a third-party reviewer. This includes review of the latest edition of the Texas Accessibility
Standards (TAS).
Services of Special Consultants
Initials _______ _______ Page 7 of 10
(FIRM) (CLIENT)
TERMS AND CONDITIONS
1. AUTHORIZATION TO PROCEED: Signing this Agreement shall be construed as authorization by CLIENT for the FIRM to proceed with the
Services, unless otherwise provided for in this Agreement.
2. ACCESS TO SITE: Unless otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services.
3. COST ESTIMATES: Any cost estimates provided will be on a basis of experience and judgment. Since the FIRM has no control over market
conditions or bidding procedures, the FIRM does not warrant that bids or ultimate construction costs will not vary from these cost estimates.
4. ADDITIONAL SERVICES: Services in addition to those specified in Scope will be provided if authorized in writing by CLIENT. Additional
services will be paid for by CLIENT as indicated in any Letter of Proposal, Task Authorization, or such other document as deemed appropriate by
CLIENT and FIRM. In the absence of an express agreement about compensation, the FIRM shall be entitled to an equitable adjustment to its
compensation for performing such additional services.
5. STANDARD OF CARE: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or
similar locality. Upon notice to the FIRM and by mutual agreement between the parties, the FIRM will, without additional compensation, correct those
services not meeting such a standard.
6. INDEMNIFICATION: FIRM SHALL INDEMNIFY AND HOLD HARMLESS CLIENT, ITS OFFICERS, OFFICIALS, AGENTS AND EMPLOYEES,
IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPERTY AND/OR INJURIES (INCLUDING DEATH) TO ANY PERSON OR PERSONS, INCLUDING OFFICERS, EMPLOYEES OR AGENTS OF
FIRM, WHICH ARE CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFICIENCY IN THE PERFORMANCE OF FIRM'S
PROFESSIONAL SERVICES OR IN THE NEGLIGENT PREPARATION OF DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER
ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE HEREWITH. FIRM SHALL PAY
ALL EXPENSES (INCLUDING REIMBURSEMENT OF REASONABLE ATTORNEY'S FEES AND COSTS OF COURT IN PROPORTION TO
ENGINEER’S LIABILITY) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST CLIENT OR ITS
OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES IN CONNECTION HEREWITH; PROVIDING AND EXCEPT, HOWEVER, THAT THIS
INDEMNITY PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD HARMLESS CLIENT, ITS
OFFICERS, OFFICIALS, AGENTS, OR EMPLOYEES FROM LOSS, DAMAGES, LIABILITY OR EXPENSE ON ACCOUNT OF DEFECTS OR
DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO FIRM BY CLIENT AND WHICH FIRM COULD NOT DISCOVER BY
THE EXERCISE OF REASONABLE DILIGENCE. IT IS UNDERSTOOD AND AGREED BY BOTH PARTIES TO THIS AGREEMENT THAT THE
FIRST TEN DOLLARS ($10.00) OF REMUNERATION PAID TO FIRM UNDER THIS AGREEMENT SHALL BE IN CONSIDERATION FOR
INDEMNITY/INDEMNIFICATION PROVIDED FOR IN THIS AGREEMENT. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
7. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the CLIENT and FIRM shall be
submitted to non-binding mediation, and any mediation must be conducted by a mutually agreed upon mediator located in Tarrant County, Texas.
CLIENT and FIRM agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers and fabricators,
thereby providing for mediation as the primary method for dispute resolution between all parties.
8. PAYMENT TO FIRM: Invoices for the FIRM’s service shall be submitted to CLIENT on a monthly basis. The CLIENT shall either approve these
invoices or notify the FIRM of any invoices not approved. The CLIENT and the FIRM shall confer and attempt to resolve such disputed invoices. The
CLIENT shall pay the FIRM for all undisputed invoices 30 days after CLIENT receives the invoice. If Client has failed to pay an undisputed invoice after
45 days of CLIENT’s receipt of the invoice, FIRM may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the
CLIENT, terminate the performance of the service. [Retainers/Deposits shall be credited on the final invoice.]
9. LATE PAYMENTS: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the
then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pa y all costs of collection,
including reasonable attorney’s fees.
10. TERMINATION: Either CLIENT or FIRM may terminate this Agreement by giving 30 days’ written notice to the other party. In such event CLIENT
shall forthwith pay FIRM in full for all work previously authorized and performed prior to effective date of termination. FIRM, unless requested by
CLIENT, is not authorized to perform any services after either party receives a notice of termination, and will not be paid for any such unauthorized
work. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable
requirements of this Agreement.
11. CERTIFICATIONS: Guarantees and Warranties: The FIRM shall not be required to execute any document that would result in its certifying,
guaranteeing or warranting the existence of conditions whose existence the FIRM cannot ascertain.
12. OWNERSHIP OF DOCUMENTS: Upon FIRM’s completion of services and receipt of payment in full, or upon termination of this Agreement,
FIRM shall grant to CLIENT a non-exclusive license to possess the final drawings and instruments produced in connection with FIRM’s performance of
the work under this Agreement, if any. Said drawings and instruments may be copied, duplicated, reproduced and used by CLIENT for the purpose of
constructing, operating and maintaining the improvements contemplated by this Agreement. CLIENT agrees that such documents are not intended or
represented to be suitable for reuse by CLIENT or others for purposes outside the scope of this Agreement. Notwithstanding the foregoing, CLIENT
understands and agrees that any and all computer programs, GIS applications, proprietary data or processes, and certain other items related to the
services performable under this Agreement are and shall remain the sole and exclusive property of FIRM and may not be used or reused, in any form,
by CLIENT without the express written authorization of FIRM. Client agrees that any reuse by CLIENT, or by those who obtain said information from or
through CLIENT, without written verification or adaptation by FIRM, will be at CLIENT’s sole risk and without liability or legal exposure to FIRM or to
FIRM’s employees, agents, representatives, officers, directors, affiliates, shareholders, owners, members, managers, attorneys, subsidiary entities,
Initials _______ _______ Page 8 of 10
(FIRM) (CLIENT)
advisors, subconsultants or independent contractors or associates.
13. SEVERABILITY: In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceabilit y of the remaining
provisions contained herein shall not be impaired thereby
14. JOBSITE SAFETY: Neither the professional activities of the FIRM, nor the presence of the FIRM or its employees and subconsultant’s at a
construction/project site, shall impose any duty on the FIRM, nor relieve the General Contractor of its obligations, duties and responsibilities including,
but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the
Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The FIRM and its
personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or
safety programs or procedures.
15. ENTIRE AGREEMENT: This Agreement represents the entire understanding of CLIENT and FIRM. No prior oral or written understandings shall
be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both
parties. This Agreement constitutes, represents and is intended by the parties to be the complete and final statement and expression of all of the terms
and arrangements between the parties to this Agreement with respect to the matters provided for in this Agreement. This Agreement supersedes any
and all prior or contemporaneous agreements, understandings, negotiations, and discussions between the parties and all such matters are merged into
this Agreement.
16. INSURANCE: FIRM shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement and for a period
of four (4) years thereafter, professional liability insurance. The limits of liability shall be $1,000,000 per claim and in the aggregate. FIRM shall submit
to the CLIENT a certificate of insurance prior to commencing any work for the CLIENT.
17. ASSIGNMENT: Neither the CLIENT nor FIRM may assign their rights or delegate their duties without the written consent of the other party. This
Agreement is binding on the parties to the fullest extent permitted by law. Nothing herein is to be construed as creating any personal liability on the
part of any CLIENT officer, employee or agent.
18. JURISDICTION AND VENUE: This Agreement shall be administered under the substantive laws of the State of Texas (and not its conflicts of law
principles) which shall be used to govern all matters arising out of, or relating to, this Agreement and all of the transactions it contemplates, including
without limitation, its validity, interpretation, construction, performance and enforcement. Exclusive venue shall lie in any court of competent jurisdiction
in Tarrant County, Texas.
19. ATTORNEY’S FEES: If it becomes 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, the prevailing party’s reasonable attorney’s fees and costs of court.
Initials _______ _______ Page 9 of 10
(FIRM) (CLIENT)
2019 HOURLY RATE SCHEDULE
Principal $235
Program Manager $200
Project Manager $180
Senior Professional Engineer $170
Professional Engineer $145
EIT II $115
EIT I $100
Senior Designer $125
Designer $100
CAD Drafter $85
Support $70
QA/QC $155
Senior RPLS $175
RPLS $155
GIS Specialist $135
Survey Technician $100
Party Chief $100
Survey Crew Member $55
Hourly Rate Schedule as of the date of this contract is subject to change without notice.
Initials _______ _______ Page 10 of 10
(FIRM) (CLIENT)
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.5.
SUBJECT
Consider authorizing the City Manager to enter into an agreement with Freese and Nichols to conduct a roadway,
water, and wastewater impact fee study, at a cost of $100,000.00
ORIGINATED BY
Larry Hoover, Public Works Director
SUMMARY
The following information was presented to Council as a Work Session item on the Tuesday, October 15
Regular Meeting. The funding source for this contract would be the Roadway Impact Fee Fund.
A significant source of financing for the necessary capital improvements triggered by growth is the assessment of
impact fees on new development. This philosophy – sometimes described as ‘growth paying for growth’ – aims to
alleviate the cost burden of new or expanded infrastructure on existing taxpayers and utility customers while also
providing a systematic approach to the assessment of those fees necessary to account for their calculated impact
on the roadway, water, and wastewater systems.
The City’s current impact fees for streets, water, and sewer are based on a 2015 study (finalized and implemented
in 2016) conducted by Freese and Nichols, Inc. (FNI) at a cost of $98,000. A presentation from FNI regarding
‘Impact Fee Basics’ is attached. As stated in the presentation, Local Government Code Chapter 395 requires that
impact fee land use assumptions and capital improvement plans be updated every five years.
These periodic updates also serve to ensure that Kennedale’s fees are appropriate in comparison to other north
Texas cities. With the rapid development currently taking place across the region, an update would be beneficial in
assuring that the City is maximizing this revenue source and that the Impact Fee Cap ital Improvements Plans
reflect the projects appropriately eligible for Impact Fee funding.
FNI performed the most recent study (as well as the Water and Wastewater Master Plan in 2014) and thus has a
vast working knowledge of our existing infrastructure, which could provide savings in both cost and time. FNI
estimates that the study would take 7 to 9 months and cost $90,000 to 95,000, which could be funded from the
current projected impact fee revenue included in the FY19–20 Budget (see below for detailed fiscal information).
Calculation of Impact Fees
Water and Sewer Impact Fees (per service unit) are calculated based on standard water meter sizes as set forth in
the definition of living unit equivalent (LUE) – or the typical flow produced by a single family residence.
Roadway Impact Fees are calculated based upon the costs of facilities in proportion to development creating the
need for such facilities. All Impact Fees are collected at the time the corresponding building permit is issued.
FINANCIAL IMPACT:
The projected Year-End FY 19-20 fund balances for the City’s Impact Fee Funds are as follows:
• Water Impact Fee Fund: ($105,054)
• Sewer Impact Fee Fund: $34,391
• Roadway Impact Fee Fund: $590,810
Revenues in both the Water and Sewer Impact Fee Funds have fallen short of expenditures in the past four fiscal
years, causing the Fund Balance to decrease each year since FY16 –17. However, the Fund Balance in the
Roadway Impact Fee Fund has averaged an increase in the past three years. The unbudgeted expense of the
Impact Fee Study could be funded from the Roadway Impact Fee Fund which has a current projected End of Year
Fund balance of $590,810 (see fund detail in the chart below).
RECOMMENDATION
Direct staff to contract with Freese and Nichols (FNI) to perform an Impact Fee Study for water, wastewater, and
roadway impact fees to be funded from the Roadway Impact Fee Fund.
ATTACHMENTS
1. Contract 2019_11.19 FNI PSA-FNI Impact Fee Study.pdf
Rev. 4/19
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is entered into by City of Kennedale, Texas, hereinafter called “Client” and Freese and Nichols,
Inc., hereinafter called “FNI.” In consideration of the Agreements herein, the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this Agreement, Client agrees to employ and
compensate FNI to perform professional services in connection with the Project. The Project is described
as Water, Wastewater, Roadway Impact Fee Update.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in
Attachment SC – Scope of Services and Responsibilities of Client which is attached to and made a part of
this Agreement.
III. COMPENSATION: Client agrees to pay FNI for all professional services rendered under this Agreement.
FNI shall perform professional services as outlined in the “Scope of Services” for a lump sum fee of One
Hundred Thousand Dollars, $100,000.00.
If FNI’s services are delayed or suspended by Client, or if FNI’s services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension
and reactivation and the fact that the time for performance under this Agreement has been revised.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as
Attachment TC – Terms and Conditions of Agreement shall govern the relationship between the Client
and FNI.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone
other than Client and FNI, and all duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of Client and FNI and not for the benefit of any other party.
This Agreement constitutes the entire Agreement between Client and FNI and supersedes all prior written or
oral understandings.
This contract is executed in two counterparts. IN TESTIMONY HEREOF, Agreement executed:
FREESE AND NICHOLS, INC. CITY OF KENNEDALE, TEXAS
BY: ______________________________________ BY: ________________________________________
______________________________________ GEORGE CAMPBELL, CITY MANAGER
PRINT NAME AND TITLE PRINT NAME AND TITLE
DATE: ______________________________________ DATE: 11/19/2019
ATTEST: ______________________________________ ATTEST: _______________________________________
ATTACHMENT SC
SC-1
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
PROJECT UNDERSTANDING
FNI understands that the City of Kennedale, Texas, is seeking to update the roadway, water, and wastewater
impact fees, consistent with the requirements of Chapter 395 of the Texas Local Government Codes. The City
seeks to do this by updating service areas, determining the growth for the 10 -year planning period,
developing an impact fee capital improvements program, defining a service unit equivalency table, and
calculating the maximum fee per service-unit for the roadway, water, and wastewater systems. The study
will be coordinated through a Capital Improvements Advisory Committee (appointed by the City) and
culminate with adoption through a public hearing process.
Phase A. Kickoff Meeting, Data Collection & Land Use Assumptions
A.1 Project Kick-Off Meeting: Freese and Nichols, Inc. (FNI) will meet with the City to review scope,
project team, schedule of the project, and present a data request memorandum.
A.2 Water and Wastewater Data Collection: FNI will compile information from the City including GIS files,
facility sizing, recently completed or under construction system improvements, water production
data, and wastewater flow data. FNI will utilize information from the Water/Wastewater Master
Plan to develop future population projections and the Land Use Assumptions.
A.3 Roadway Data Collection: FNI will coordinate with the City to obtain updated information including
GIS files, demographic information, recently completed system improvements, and existing traffic
count data. To support this study update, traffic count data will be collected at up to ten (10) locations
throughout the city. This task effort will be facilitated through the use of a sub-consultant. A review
of existing traffic count data will be made to determine optimal traffic count locations. Following
completion of the data collection effort, data will be compiled into a database for use in subsequent
analysis. FNI will provide the City with a Data Request Memorandum identifying any additional data
needs for the impact fee study.
A.4 Develop Land Use Assumptions: FNI will utilize available data on impending developments and
available lots to develop 5-year, 10-year, and Buildout land use assumptions by service area. CCN,
ETJ, and proposed annexation boundaries will be evaluated to define future water and wastewater
service areas. Employment demographics will be derived from data by the North Central Texas
Council of Governments (NCTCOG).
A.5 Progress Meeting #1: FNI will meet with the City to discuss the land use assumptions, and load
projections. FNI will address comments from City staff and make revisions as necessary.
ATTACHMENT SC
SC-2
Phase B. Water and Wastewater Impact Fee Analysis
B.1 Review Historical Water Demands and Wastewater Flows: FNI will obtain and evaluate historical
water usage and wastewater flow data to develop trends and calculate peaking factors. This data
will be used to determine expected per-capita loads for future projections.
B.2 Develop Water Demand and Wastewater Flow Projections: FNI will develop water demand and
wastewater flow projections for 5-year, 10-year, and Buildout conditions using the future land use
assumptions and historical usage trends. The projections will be used to evaluate the sizing and
timing of the capital improvement projects.
B.3 Identify Existing Projects Eligible for Impact Fee Cost Recovery: FNI will review recently completed
water and wastewater improvements and determine which projects are eligible for future cost
recovery from growth.
B.4 Develop Water and Wastewater Impact Fee CIP: FNI will develop an impact fee CIP based on the
improvements recommended as part of the capacity analysis. Impact fee eligible improvements are
intended to serve growth within the next 10 years. Maps will be prepared showing the proposed
water and wastewater capital improvement plan projects included in the impact fee calculation.
B.5 Conduct Water and Wastewater Impact Fee Capacity Analysis for CIP Projects: FNI will utilize the
water and wastewater capital improvements plan and land use assumptions to analyze the capacity
for impact fee cost recovery for 10-year projected growth. FNI will utilize the capacity analysis and
capital project costs to calculate the percentage of project cost eligible for impact fee cost recovery.
B.6 Develop Service Unit Equivalents (SUEs) for Water and Wastewater Systems: FNI will utilize equivalent
capacity of water meters to establish the service unit equivalents (SUEs) required in Chapter 395 of
the Local Government Code for both existing and 10-year growth conditions.
B.7 Calculate Maximum Allowable Impact Fees: FNI will develop maximum allowable water and
wastewater impact fees in accordance with Chapter 395 of the Local Government Code using the 50%
credit method based on the existing and proposed capital improvement costs to support 10-year
growth based on projected increase in SUEs.
Phase C. Roadway Impact Fee Analysis, Report, and Presentations
C.1 Update Roadway Impact Fee Service Areas: FNI will review and update, as necessary, the roadway
service area structure to incorporate any recent municipal annexations. FNI will also review any
revised changes to the service area structure to ensure compliance with state legislation (six-mile
maximum). Following the completion of this task, City Staff will review and approve the service area
structure prior to commencement of supplemental tasks. It is anticipated that minimal changes will
be made to the service area structure.
C.2 Existing Roadway Inventory and Analysis: FNI will assemble an inventory and analysis of existing major
roadways, by service area (Task C.1) in the city. The inventory will contain the following information
of existing major collector and arterial status roadways; roadway segment name and limits, length (in
miles), number of lanes, facility type (divided, undivided), and functional classification (arterial,
collector).
ATTACHMENT SC
SC-3
Existing conditions analyses will be prepared to calculate capacity provided and utilized of existing
capital improvements within the city. Any roadway deficiencies identified will be summarized by
service area for use in the capital improvements cost per service unit analysis. The existing conditions
analysis will be based on PM peak hour directional traffic volume data collected in Task A.3.
C.3 Determination of Projected Roadway Demand: Determination of projected roadway demand over
the 10-year planning period will be based on socio-demographic data developed in the land use
assumptions report prepared as part of the study process. The service unit equivalency table, updated
in Task C.6, will serve as the basis for determination of the number of service units generated within
individual service areas over the ten-year planning period.
C.4 Prepare Roadway Capital Improvements Program: The impact fee capital improvements program
(CIP) will be updated incorporating growth considerations from the LUA, the City Thoroughfare Plan,
fiscal constraints, and City Staff input. This process will include the identification and
recommendation of specific roadway projects for inclusion into the impact fee CIP list. Cost
information of both existing and proposed capital projects will be collected and developed for
inclusion into an updated CIP database. For completed projects (identified as part of the previous
impact fee system CIP), incorporation of actual cost data will be included as per legislative
requirements. The City will provide cost data for completed projects and will include costs incurred
for construction, engineering right-of-way, and debt service. For project additions to the CIP,
appropriate historic unit cost data will be collected from the City and used as a basis for cost estimates
by FNI. We have assumed that (1) impact fee CIP scenario will be prepared as part of this study effort.
Traffic count data collected in Task A.3 will be used to conduct an evaluation of existing impact fee
CIP projects. This analysis will be used to ensure that excess capacity remains for projects to be
retained in the impact fee program.
For scoping purposes, it is assumed that a financial analysis determining the maximum that could be
charged (in excess of 50%) will not be conducted. Should such study be desired, a separate scope and
fee will be provided.
C.5 Roadway CIP Database Update and Maximum Fee Calculation: Impact Fee CIP project data will be
compiled and input into a roadway projects database. This database will be prepared by service area
and include the following information:
a. Roadway segment name and limits
b. Number of lanes, length and facility type
c. Project cost information (construction, engineering, ROW, debt service)
d. Capacity provided by CIP projects, utilized and percent attributable to new development
e. Project cost attributable to new development
Based on data compiled into the CIP database, an updated maximum cost per service unit will be
calculated for service areas within the City.
C.6 Update Land Use Equivalency Table: The land use equivalency table will be updated/expanded based
on City Staff input. Traffic data will be based on information presented in the Institute of
Transportation Engineers, Trip Generation Manual, 10th Edition and any supplemental information
of trip type activity. Subject to availability of data, up to three (3) land uses land uses not listed in ITE’s
Trip Generation will be researched and incorporated. Trip length information will be derived from the
latest workplace data compiled by the North Central Texas Council of Governments.
ATTACHMENT SC
SC-4
Phase D. Impact Fee Report Development and Meeting Attendance
D.1 Develop Draft Water and Wastewater CIP Update and Impact Fee Report: FNI will prepare a Draft
Water and Wastewater CIP Update and Impact Fee Report showing land use assumptions, water and
wastewater impact fee eligible capital improvement costs, and maximum allowable water and
wastewater impact fees. An electronic PDF copy and three hard copies of the draft report will be
delivered to City.
D.2 Develop Draft Roadway Impact Fee Report: FNI will prepare and deliver one (1) Draft Roadway Impact
Fee Report documenting analyses, the CIP, cost calculations, and associated maximum cost per
service unit. An electronic PDF copy and three hard copies of the draft report will be delivered to the
City. The City will provide a consolidated list of comments of the draft report to FNI.
D.3 Meetings with City Staff: FNI will meet with the City Staff up to three (3) times throughout the impact
fee update process to discuss the findings, impact fee calculations, and recommendations for setting
the water, wastewater and roadway impact fees for the City.
D.4 Finalize Impact Fee Study Report: FNI will revise the Draft Impact Fee report to incorporate City Staff
and CIAC comments. FNI will prepare and deliver ten (10) copies of the Final Water, Wastewater and
Roadway Impact Fee Report. An electronic version of the final report (PDF format) will also be
provided.
D.5 Citizen Advisory Committee Presentations: FNI will conduct up to two (2) presentations to the Citizen
Advisory Committee and/or the City Council. Topics may include impact fee program overview,
summary of land use assumptions and capital improvements plan, or impact fee analysis and results.
FNI will prepare presentation materials and exhibits for the Citizen Advisory Committee
presentations.
D.6 Attend City Council Public Hearing: FNI will attend one (1) Public Hearing to present and address
questions about the land use assumptions, capital improvements plan, and impact fee calculations.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Client, which are not
included in the above described basic services, are described as follows:
A. Making revisions to drawings or other report documents when such revisions are 1) not consistent
with approvals or instructions previously given by Client or 2) due to other causes not solely within
the control of FNI.
B. Meeting or trips in excess of the number of meetings included in Article I for coordination meetings,
public meetings or other activities. Additional meetings requested by the client in excess of those
included in Article I will be billed hourly in accordance with the rates outlined in Attachment CO.
C. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
ATTACHMENT SC
SC-5
D. Preparing data and reports for assistance to Client in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
E. Assisting Client in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this Agreement. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this Agreement.
F. Revisions, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
G. Providing basic or additional services on an accelerated time schedule. This includes cost for
overtime wages of employees and consultants, inefficiencies in work sequence and plotting or
reproduction costs directly attributable to an accelerated time schedule directed by the Client.
H. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
I. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Client.
J. Providing renderings, model, and mock-ups requested by the Client.
K. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Client.
L. GIS mapping services or assistance with these services.
M. Providing document revisions in excess of those outlined in Article I.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services within twelve (12) months from Notice to Proceed.
If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in Client
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation and will be negotiated with the Client.
ARTICLE IV
RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the
services of FNI:
ATTACHMENT SC
SC-6
A. Provide meeting space and coordinate equipment needs, room set up, and logistics for meetings
outlined in Article I.
B. Contact meeting invitees for stakeholder and public meeting(s). This includes email, mail, newsletter
or other forms of notification.
C. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay, or cause rework in, the services of FNI.
D. Designate in writing a person to act as Client’s representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit instructions,
receive information, interpret and define Client’s policies and decisions with respect to FNI’s services
for the Project.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this Agreement.
F. Provide all criteria and full information as to Client’s requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations.
G. Assist FNI by placing at FNI’s disposal all available information pertinent to the Project including
previous reports and any other data relative to the Project.
H. Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any
development that affects the scope or timing of FNI’s services.
I. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this
Agreement or other services as required.
J. Bear all costs incident to compliance with the requirements of this Article IV.
ATTACHMENT SC
SC-7
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives:
Owner’s Project Representative Name: Larry Hoover
E-mail: lhoover@cityofkennedale.com
Phone: 817-985-2170
Owner’s Accounting Representative Name: Lakeita Sutton
E-mail: lsutton@cityofkennedale.com
Phone: 817-985-2110
FNI’s Project Representative Name: Andrew Franko, P.E.
E-mail: asf@freese.com
Phone: 817-735-7515
FNI’s Accounting Representative Name: Jana Collier
E-mail: jvc@freese.com
Phone: 817-735-7354
PAGE 1 OF 2 FNI
CLIENT
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Client as used herein refers to the CITY OF KENNEDALE, TEXAS. The term FNI as used herein refers to
Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein,
Services refers to the professional services performed by Freese and Nichols pursuant to the Agreement.
2. CHANGES: Client, without invalidating the Agreement, may order changes within the general scope of the work required by the
Agreement by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an
increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the Agreement,
an equitable adjustment will be made by mutual agreement and the Agreement modified in writing accordingly.
3. TERMINATION: The obligation to provide services under this Agreement may be terminated by either party upon ten days'
written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the
date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or
otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipme nt
or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or
systems.
5. INFORMATION FURNISHED BY CLIENT: Client will assist FNI by placing at FNI's disposal all available information pertinent to the
Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability
for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings,
specifications or other information furnished by Client and Client agrees, to the extent permitted by law, to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Client,
prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished
by Client to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Client certificates of insurance which shall contain the following minimum coverage:
Commercial General Liability
General Aggregate
$2,000,000
Workers' Compensation
As required by Statute
Automobile Liability (Any Auto)
CSL
$1,000,000
Professional Liability
$3,000,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Client determines that any
subcontractor for FNI is incompetent or undesirable, Client will notify FNI accordingly and FNI shall take immediate steps for
cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in
the Agreement shall create any contractual relation between any subcontractor and Client.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the
Services provided under this Agreement shall be the property of the Client upon payment of FNI's fees for services. FNI may retain
copies for record purposes. Client agrees such documents are not intended or represented to be suitable for reuse by Client or
others. Any reuse by Client or by those who obtained said documents from Client without written verification or adaptation by
FNI will be at Client's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants,
and Client shall, to the extent permitted by law, indemnify and hold harmless FNI and FNI's independent associates and
consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and
other project information in the execution of the Services provided under this Agreement in FNI's other activities. Any reuse by
FNI will be at FNI's sole risk and without liability or legal exposure to Client, and FNI shall indemnify and hold harmless Client
from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the
creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the
site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be
caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this
Agreement, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and
is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have no
responsibility for any pollutant during clean-up, transportation, storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost,
but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies,
economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI
hereunder will be made on the basis of FNI’s experience and qualifications and represent FNI's judgment as an experienced and
qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, material,
equipment or services furnished by others or over market conditions or contractors' methods of determining their prices.
PAGE 2 OF 2 FNI
CLIENT
11. CONSTRUCTION REPRESENTATION: If required by the Agreement, FNI will furnish Construction Representation according to the
defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is
proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Client against
defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Client, however, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the
Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the
Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the
Project site or otherwise performing any of the work of the Project. If Client designates a person to serve in the capacity of
Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of
authority of such Resident Project Representative(s) will be set forth in writing and made a part of this Agreement before the
Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to CLIENT and in acceptance of the
services as satisfactory by the CLIENT. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this
Agreement will be added to FNI's compensation.
If CLIENT fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statemen t
for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said thirtieth
(30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to CLIENT, suspend services under this
Agreement until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include
the other party to this Agreement without their approval.
14. SUCCESSORS AND ASSIGNMENTS: CLIENT and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and FNI are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this Agreement.
Neither CLIENT nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the
extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph sh all prevent FNI from
employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the
face of the Purchase Order shall apply to this Agreement. Should there be any conflict between the Purchase Order and the
terms of this Agreement, then this Agreement shall prevail and shall be determinative of the conflict.
16. INDEMNITY: To the extent caused by FNI negligence, FNI agrees to and shall hold harmless and indemnify CLIENT, its officers,
agents, and employees from and against any and all claims, losses, damages, causes of action, suits, fines, penalties, and
liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for any injury to or death o f any
person, or for damage to any property, arising out of, in connection with, or resulting from the performance of this
Agreement. This provision of the Agreement shall survive the termination of this Agreement.
17. GOVERNING LAW & JURISDICTION: This Agreement will be governed by, and construed in accordance with, the laws of the
State of Texas without reference to principles of conflicts of laws thereof. Each party hereby irrevocably and unconditionally
consents, accepts, and agrees to submit to the exclusive jurisdiction of any state or federal court in Tarrant County, Texas in
respect to any dispute, action, suit or proceeding arising out of, based upon, or relating to this Agreement.
18. ATTORNEY’S FEES. If it becomes 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, the prevailing party’s reasonable
attorney’s fees and costs of court.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: PURSUANT TO EXECUTIVE SESSION ITEM IV.H.1.
SUBJECT
Consider approval of or amendments to an employment agreement with George Campbell to serve as City
Manager
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: NOVEMBER 19, 2019
AGENDA ITEM NUMBER: PURSUANT TO EXECUTIVE SESSION ITEM IV.H.2.
SUBJECT
Take any other action deemed necessary as a result of the Executive Session
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS