2019_12.17 CC Packet
KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING | DECEMBER 17, 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. Introduction of Animal Control Officer (ACO) JaDarius Graves
B. REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
III. EXECUTIVE SESSION
The City Council reserves the right to meet in Executive 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 transition of utility billing customer service from
Global Water Management, LLC (FATHOM)
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. 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 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 C ouncil 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
Proclamation honoring KHS LadyKats 2019–20 Volleyball Team
3. Updates from the City Manager
4. November 2019 Financial 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 November 19, 2019 regular meeting
2. Approval of the minutes from the December 3, 2019 special meeting
F. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Consider authorizing City Staff and consultants to proceed with refunding, for debt service
savings, the City’s outstanding Combination Tax and Revenue Certificates of Obligation,
Series 2010
2. Consider appointment of a Chair of the Tax Increment Reinvestment Zone Board (TIRZ) #1
Board of Directors, pursuant to Ordinance 506, Section 3
3. Consider authorizing the City Manager to enter into a 1 -year agreement with NetGenius for
Information Technology (IT) services, at an annual cost of $119,700
4. Consider adoption of Ordinance 687, amending the Kennedale Municipal Code, by amending
Exhibit A “Schedule of Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to
adjust fees associated with multifamily building permits, engineering plat and plan review,
and construction inspection
G. PUBLIC HEARINGS
1. CASE# PZ 19-11 — Conduct a public hearing and consider Ordinance 685, regarding a
request by Trifecta Homes, LLC for a rezoning from “R3” Residential to “R4” Residential 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
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 DECEMBER 17, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN
ENTRANCE OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL
PUBLIC AT ALL TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE
SCHEDULED TIME OF SAID MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by
calling 817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.A.1.
SUBJECT
Introduction of Animal Control Officer (ACO) JaDarius Graves
ORIGINATED BY
Tommy Williams, Police Chief
SUMMARY
At this time, Police Chief Tommy Williams will introduce the Animal Control Officer (ACO), JaDarius Graves.
RECOMMENDATION
None
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: WORK SESSION ITEM II.B.
SUBJECT
REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
ORIGINATED BY
George Campbell, City Manager
SUMMARY
At this time, any member of the Council may request discussion or clarification from staff or consultants regarding
any item listed on the agenda.
RECOMMENDATION
None
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.A.1.
SUBJECT
Discussion with the City Attorney regarding transition of utility billing customer service from Global Water
Management, LLC (FATHOM)
ORIGINATED BY
George Campbell, City Manager
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.B.1.
SUBJECT
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: DECEMBER 17, 2019
AGENDA ITEM NUMBER: EXECUTIVE SESSION ITEM III.C.1.
SUBJECT
Discussion 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: DECEMBER 17, 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: DECEMBER 17, 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: DECEMBER 17, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.2.
SUBJECT
Proclamation honoring KHS LadyKats 2019–20 Volleyball Team
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
1.2019_12.17 KHS Volleyball State 2019 2019_12.17 KHS Volleyball State 2019.pdf
Honoring the 2019–20 KHS
LadyKats Volleyball Team
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 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: DECEMBER 17, 2019
AGENDA ITEM NUMBER: REPORTS AND ANNOUNCEMENTS ITEM IV.D.4.
SUBJECT
November 2019 Financial Reports for the City and the EDC
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
Please see the attached Financial Reports for the City (for the month ending November 30) and for the EDC (for
the Month ending October 31).
RECOMMENDATION
ATTACHMENTS
1.01 2019_11 City Financials Summary Sheet 01 2019_11 City Financials Summary Sheet.pdf
2.02 2019_11 City Financials General Fund 02 2019_11 City Financials General Fund.pdf
3.03 2019_11 City Financials Street Fund 03 2019_11 City Financials Street Fund.pdf
4.04 2019_11 City Financials Water Sewer 04 2019_11 City Financials Water Sewer.pdf
5.05 2019_11 City Financials Stormwater 05 2019_11 City Financials Stormwater.pdf
6.06 2019_11 City Financials Other Funds 06 2019_11 City Financials Other Funds.pdf
7.2019_10 EDC Monthly Financials 2019_10 EDC Monthly Financials.pdf
8.10_2019 Sales Tax Update-EDC 10_2019 Sales Tax Update-EDC.pdf
Budget AMENDED Actual
Actual
Budget %
6,919,577$ 677,095$ 9.8%
Budget AMENDED Actual
Actual
Budget %
7,782,522$ 1,173,521$ 15.1%
Budget AMENDED Actual
Actual
Budget %
838,926$ 50,264$ 6.0%
Budget AMENDED Actual
Actual
Budget %
1,052,153$ 110,076$ 10.5%
Budget AMENDED Actual
Actual
Budget %
4,028,331$ 705,228$ 17.5%
Budget AMENDED Actual
Actual
Budget %
4,350,939$ 837,222$ 19.2%
Budget AMENDED Actual
Actual
Budget %
300,900$ 44,983$ 14.9%
Budget AMENDED Actual
Actual
Budget %
585,316$ 16,562$ 2.8%
EXPENDITURES
WATER/SEWER FUND
WATER/SEWER FUND
STORMWATER FUND
STORMWAER FUND
REVENUES
EXPENDITURES
REVENUES
EXPENDITURES
GENERAL FUND
FOR THE MONTH ENDED NOVEMBER 30, 2019
Revenues & Expenditures - Budget & Actual Summary
REVENUES
EXPENDITURES
STREETS FUND
STREETS FUND
GENERAL FUND
REVENUES
M-T-DY-T-DY-T-DRevenues:Adopted BudgetAmendedBudgetNov-19 Nov-19%BudgetOct-19%BudgetOriginal BudgetAmendedBudgetM-T-DNov-18Y-T-DNov-18Y-T-D% BudgetProperty Taxes 4,210,532$ 299,560$ 439,708$ 10.4% 701,755$ 16.7% 3,832,433$ 3,832,433$ 319,312$ 440,203$ 11.5%Sales / Beverage Tax 1,402,458 562 1,111 0.1% 233,743$ 16.7% 1,275,794 1,275,794 (92,603) 1,539 0.1%Grants / Contributions 85,100 2,500 22,654 26.6% 14,183$ 16.7% 76,327 76,327 392 392 0.5%Licenses / Permits 175,070 5,488 78,261 44.7% 29,178$ 16.7% 225,370 225,370 17,562 45,013 20.0%Fines / Fees 179,700 8,237 18,381 10.2% 29,950$ 16.7% 179,700 179,700 13,756 32,745 18.2%Charge for Services 181,225 15,262 30,868 17.0% 30,204$ 16.7% 190,950 190,950 20,049 30,349 15.9%Investment Earnings 24,017 1,746 4,044 16.8% 4,003$ 16.7% 10,000 10,000 4,634 8,967 89.7%Miscellaneous Income 5,500 261 556 10.1% 917$ 16.7% 106,070 106,070 459 4,405 4.2%Intergovernmental 652,475 40,623 81,249 12.5% 108,746$ 16.7% 604,715 614,960 2,556 34,543 5.7%Surplus / Sales Rentals3,500 168 263 7.5% 583$ 16.7% 3,400 3,400 - 880 25.9%Total Revenues6,919,577$ -$ 374,407$ 677,095$ 9.8% 1,153,263$ 16.7% 6,504,759$ 6,515,004$ 286,117$ 599,036$ 9.2%Expenditures:City Manager 323,076$ 28,157$ 44,424$ 13.8% 53,846.00$ 16.7% 365,464$ 365,464$ 25,221$ 36,919$ 10.1%Mayor and City Council 186,444 14,351 17,009 9.1% 31,074.00$ 16.7% 127,323 177,323 16,692 23,336 13.2%City Secretary 179,811 8,884 27,123 15.1% 29,968.50$ 16.7% 164,073 164,073 13,689 27,987 17.1%Municipal Court 112,701 8,722 17,009 15.1% 18,783.50$ 16.7% 108,147 108,148 8,981 16,291 15.1%Human Resources 132,128 8,732 13,279 10.1% 22,021.33$ 16.7% 104,908 104,909 6,512 10,717 10.2%Finance 393,017 20,828 36,071 9.2% 65,502.83$ 16.7% 358,365 358,365 19,568 28,547 8.0%Police 2,563,035 204,899 406,138 15.8% 427,172.50$ 16.7% 2,531,118 2,604,764 196,783 382,430 14.7%Police SRO 156,513 15,319 24,744 15.8% 26,085.50$ 16.7% 155,077 155,077 13,209 22,268 14.4%Fire 2,386,910 155,482 268,792 11.3% 397,818.33$ 16.7% 1,902,500 1,907,680 128,587 203,824 10.7%Community Development 465,735 44,922 66,089 14.2% 77,622.50$ 16.7% 371,589 371,590 26,931 43,710 11.8%Senior Citizen Center 63,376 4,442 7,312 11.5% 10,562.67$ 16.7% 54,528 54,528 2,472 4,787 8.8%Library 305,042 23,070 38,522 12.6% 50,840.33$ 16.7% 268,261 268,259 33,879 52,764 19.7%Non-Departmental 514,73415,027 207,009 40.2% 85,789.00$ 16.7% 511,749 511,749 13,571188,959 36.9%Total Expenditures7,782,522$ -$ 552,835$ 1,173,521$ 15.1% 1,297,087$ 16.7% 7,023,102$ 7,151,929$ 506,095$ 1,042,539$ 14.6%Total Revenues Over (Under) Exp(862,944)$ -$ (178,428)$ (496,426)$ (143,824)$ (518,342)$ (636,925)$ (219,978)$ (443,503)$ Other Financing Sources (Uses):-- -- - ----Non-cash Transactions:Capital lease proceeds - - - - - - -Capital expenditures - - - - - - - -Transfers In (Out): - - -----Net Change in Fund Balance (862,944)$ -$ (496,426)$ (518,342)$ (636,925)$ Total Unassigned Fund Balance - BOY1,480,503 - 1,480,503 1,746,714Ending Fund Balance Sept. 30 617,559$ -$ 984,077$ 1,109,789$ Less: Commitments for Specific Use - - - Less: Assigned for Specific Use-- - -Ending Fund Balance - Unassigned617,559$ -$ 984,077$ 1,109,789$ AVERAGE DAILY EXPENDITURES21,322 - 3,21519,594NUMBER OF DAYS IN RESERVE29 30657FUND BALANCE AS A % OF EXPENDITURES7.94% 83.86%15.52%FY 2018-2019FY 2019-2020FY 2018-2019FY 2019-2020GENERAL FUNDREVENUES AND EXPENDITURES - BUDGET AND ACTUALFY 2019-20 WITH PRIOR YEAR COMPARISONFOR THE MONTH ENDED NOVEMBER 30, 2019BUDGETCURRENT FISCAL YEARACTUALBUDGETPROJECTEDPRIOR FISCAL YEARFY ACTUAL
M-T-D Y-T-D Y-T-DRevenues:OriginalBudgetAmended BudgetNov-19 Nov-19%BudgetNov-19%BudgetOriginalBudgetAmendedBudgetM-T-DNov-18Y-T-DNov-18Y-T-D% BudgetFrachise Fees Telephone 36,622$ 200$ 400$ 1.1% 6,103.67$ 16.7% 40,000$ 40,000$ 7,731$ 7,793$ 19%Frachise Fees Garbage 69,300 2,443 2,443 3.5% 11,550 16.7% 70,000 70,000 2,408 14,143 20%Franchise Fees Gas 65,120 10,853 16.7% 53,000 53,000 - - 0%Franchise Fees Electricity 315,583 1,629 1,629 0.5% 52,597 16.7% 295,000 295,000 - - 0%Franchise Fees Cable 54,450 9,075 16.7% 50,000 50,000 - - 0%Franchise Fees Water Sew 267,106 22,259 44,518 16.7% 44,518 16.7% 189,869 189,869 - - 0%Investment Income 7,000 450 1,034 14.8% 1,167 16.7% 2,000 2,000 461 892 45%TexDot Connecting Kennedale41,555 41,555Misc. Income10 10Admin Charge - Strm Water 19,995 3,333 16.7% 19,995 19,995 0%Park Pavilion Rental 3,700 - 240 6.5% 617 16.7% 4,500 4,500 45 15 0%Ballfield Rental 50 8 16.7% 350 350 0%Sale of Parts/AssetsTransfer In Park Dedication35,000 35,000 0%Transfer In TIF FundTransfer In Donation FundTotal Revenues 838,926$ -$ 26,981$ 50,264$ 6.0% 139,821$ 16.7% 759,714$ 759,714$ 52,210$ 64,408$ 8%Expenditures:Street Maintenance 850,176$ 65,144$ 105,158$ 12.4% 141,696.00$ 16.7% 740,910$ 740,910$ 49,993$ 74,940$ 10%Park Maintenance 122,920 2,485 4,918 4.0% 20,487 16.7% 125,920 125,920 2,494 4,593 4%Capital Projects 79,057 - - 0.0% 13,176 16.7% 79,058 79,058 - - 0%Total Expenditures 1,052,153$ -$ 67,629$ 110,076$ 10.5% 175,359$ 16.7% 945,888$ 945,888$ 52,487$ 79,533$ 8%.Total Revenues Over (Under) Exp (213,227)$ -$ (40,648)$ (59,812)$ (35,538)$ (186,174)$ (186,174)$ (277)$ (15,125)$ Other Funding Sources (Uses):Non-cash transactions:Capital lease proceeds-Capital expenditures -Transfers In (Out): Debt Service Payments -Net Change in Fund Balance (213,227)$ -$ (59,812)$ (186,174)$ (186,174)$ Total Unassigned Fund Balance - BOY 345,652 345,652 436,091Ending Fund Balance Sept. 30 132,425$ -$ 285,840$ 249,917$ Less: Commitments for Specific Use-- Less: Assigned for Specific Use--Ending Fund Balance - Unassigned 132,425$ -$ 285,840$ 249,917$ AVERAGE DAILY EXPENDITURES 2,520 - (482) 1,907NUMBER OF DAYS IN RESERVE 53 (594)131FUND BALANCE AS A % OF EXPENDITURE12.6% 259.7%26.4%STREETS FUNDREVENUES AND EXPENDITURES - BUDGET AND ACTUALFY 2019-20 WITH PRIOR YEAR COMPARISONFOR THE MONTH ENDED NOVEMBER 30, 2019CURRENT FISCAL YEAR PRIOR FISCAL YEARFY 2019-2020 FY 2019-2020 FY 2018-2019 FY 2018-2019BUDGETACTUAL PROJECTEDBUDGETFY ACTUAL
M-T-D Y-T-D Y-T-DRevenues:OriginalBudgetAmended BudgetNov-19 Nov-19%BudgetNov-19%BudgetOriginalBudgetAmendedBudgetM-T-DNov-18Y-T-DNov-18Y-T-D% BudgetWater Service 1,941,782$ 143,992$ 388,646$ 20.0% 323,630.33$ 16.7% 2,179,284$ 2,179,284$ 151,140$ 342,324$ 16%Sewer Service 1,669,203 133,706 273,904 16.4% 278,201 16.7% 1,451,092 1,451,092 125,222 281,249 19%Sewer Surcharge 11,978 868 1,990 16.6% 1,996 16.7% 9,600 9,600 1,038 2,111 22%Penalties 50,873 4,105 9,729 19.1% 8,479 16.7% 66,000 66,000 4,387 9,329 14%Administrative Fees 15,150 1,520 2,680 17.7% 2,525 16.7% 15,000 15,000 1,680 2,800 19%Water Tap Fees 5,050 - 1,050 20.8% 842 16.7% 10,000 10,000 - - 0%Meter Purchase / Install 11,933 - 546 4.6% 1,989 16.7% 20,000 20,000 1,639 5,463 27%Sewer Tap Fees 5,050 - 1,750 34.7% 842 16.7% 10,000 10,000 - - 0%Engineer Review Fees 6,924 1,154 16.7% 5,000 5,000 2,500 2,500 50%Sanitation Billing Fees 16,798 2,800 16.7% 14,400 14,400 1,605 1,605 11%Other Fees Water/Sewer 10,423 605 1,445 13.9% 1,737 16.7% 8,400 8,400 630 1,605 19%Sales Tax 101 12 23 22.8% 17 16.7% 100 100 12 22 22%Arlington Operator Cost 17,827 17,827Investment Income 37,814 2,515 5,638 14.9% 6,302 16.7% 1,000 1,000 1,931 3,738 374%Miscellaneous Income 31,718 5,286 16.7% 7,500 7,500 205 32,530 434%Cash Over/Under - - -Sale of Parts/Assets 1,010 168 16.7% 1,000 1,000Transfer In - Water Impact Fund 152,524 25,421 16.7% 152,525 152,525Transfer In - Sewer Impact Fund 60,000 10,000 16.7% 60,000 60,000Total Revenues 4,028,331$ -$ 305,150$ 705,228$ 17.5% 671,389$ 16.7% 4,010,901$ 4,010,901$ 291,989$ 685,276$ 17%Expenditures:Utility Billing 1,518,390$ 17,357$ 217,357$ 14.3% 253,065.00$ 16.7% 1,293,973$ 1,293,973$ 18,762$ 20,778$ 2%Operations 1,385,155 278,467 398,325 28.8% 230,859 16.7% 1,576,197 1,576,197 92,609 125,107$ 8%Debt Service 354,505 - - 59,084 16.7% 509,680 509,680 - -$ 0%Capital Projects 415,000 101,061 101,061 24.4% 69,167 16.7% 654,796 654,796 - -$ 0%Non-Departmental 677,889 54,994 120,479 17.8% 112,982 16.7% 624,875 624,875 2,209 47,381$ 8%Total Expenditures 4,350,939$ -$ 451,879$ 837,222$ 19.2% 725,157$ 16.7% 4,659,521$ 4,659,521$ 113,580$ 193,266$ 4%.Total Revenues Over (Under) Exp (322,608)$ -$ (146,729)$ (131,994)$ (53,768)$ (648,620)$ (648,620)$ 178,409$ 492,010$ Other Funding Sources (Uses):Debt service - bond paymentsNon-cash transactions:Capital lease proceedsCapital expendituresNet Change in Fund Balance (322,608)$ -$ (131,994)$ (648,620)$ (648,620)$ Total Unrestricted Fund Balance - BOY 1,682,545 1,682,545 1,990,605Total Fund Balance - EOY 1,359,937$ -$ 1,550,551$ -$ 1,341,985$ Less: Commitments for Specific Use-- Less: Assigned for Specific Use-- -Ending Fund Balance - Unrestricted 1,359,937$ -$ 1,550,551$ -$ 1,341,985$ AVERAGE DAILY EXPENDITURES 8843621,777 NUMBER OF DAYS IN RESERVE 1,539 4,288755 FUND BALANCE AS A % OF EXPENDITURE31% 185%29%FY 2018-2019FY 2019-2020FY 2018-2019FY 2019-2020WATER & SEWER FUNDREVENUES AND EXPENDITURES - BUDGET AND ACTUALFY 2019-20 WITH PRIOR YEAR COMPARISONFOR THE MONTH ENDED NOVEMBER 30, 2019ACTUAL PROJECTEDBUDGETBUDGETCURRENT FISCAL YEAR PRIOR FISCAL YEARFY ACTUAL
M-T-D Y-T-D Y-T-DRevenues:OriginalBudgetAmendedBudgetNov-19 Nov-19% BudgetApr-19% BudgetOriginalBudgetFinalBudgetM-T-DNov-18Y-T-DNov-18Y-T-D% BudgetPenalties 3,200$ 173$ 401$ 12.5% 533$ 16.7% 2,500$ 2,500$ 188$ 522$ 20.9%Grant Revenue - - - -Drainage Fees 297,200 22,113 44,433 15.0% 49,533 16.7% 252,000 252,000 22,022 44,009 17.5%Investment Income 500 77 149 29.8% 83 16.7% 450 450 47 92 20.4%Miscellaneous Income - - - -Total Revenues 300,900$ -$ 22,363$ 44,983$ 14.9% 50,150$ 16.7% 254,950$ 254,950$ 22,257$ 44,623$ 18%Expenditures:Stormwater Utility 585,316 6,580$ 16,562$ 2.8% 97,553$ 16.7% 139,764$ 139,764$ 6,602$ 6,602$ 4.7%Total Expenditures 585,316$ -$ 6,580$ 16,562$ 2.8% 97,553$ 16.7% 139,764$ 139,764$ 6,602$ 6,602$ 5%Total Revenues Over (Under) Exp (284,416)$ -$ 15,783$ 28,421$ (47,403)$ 115,186$ 115,186$ 15,655$ 38,021$ Other Financing Sources (Uses):Capital grant contributions - - - - - - - -Net Change in Fund Balance (284,416)$ -$ 28,421$ 115,186$ 115,186$ Total Unrestricted Fund Balance - BOY 1,221,677 1,224,677 1,159,638$ Total Fund Balance - EOY 937,261$ -$ 1,253,098$ 1,274,824$ Less: Commitments for Specific Use - - - - - -Ending Fund Balance - Unrestricted 937,261$ -$ 1,253,098$ -$ 1,274,824$ STORMWATER FUNDREVENUES AND EXPENDITURES - BUDGET AND ACTUALFY 2019-20 WITH PRIOR YEAR COMPARISONFOR THE MONTH ENDED NOVEMBER 30, 2019CURRENT FISCAL YEAR PRIOR FISCAL YEARFY ACTUALFY 2018-2019FY 2019-2020FY 2019-2020ACTUAL FY PROJECTEDBUDGETBUDGETFY 2018-2019
FUND FUND NAMERevenues ExpendituresChange in Fund BalancesFund Balance Beginning of YearFund Balance End of Year Revenues% Budget Expenditures% BudgetChange in Fund Balances % BudgetFund Balance Beginning of YearY-T-D Fund Balance Projection2 Debt Service Fund 1,750,253$ 1,487,977$ 262,276$ 309,119$ 571,395$ 154,841$ 9% 31,350$ 2% 123,491$ 47.1% 309,119$ 432,610$ 5 Capital Replacement Fund 185,732$ 185,732$ -$ 236,826$ 236,826$ 397$ 0% 30,515$ 16% (30,118)$ 0.0% 236,826$ 206,708$ 12 Court Security Fund 3,000 - 3,000$ 20,614 23,614 455 15% - 0% 455$ 15.2% 20,614$ 21,06916 Court Technology Fund 3,920 875 3,045$ 9,796 12,841 557 14% - 0% 557$ 18.3% 9,796$ 10,35318 Juvenile Case Manager Fund 5,650 13,873 (8,223) 6,079 (2,144) 775 0% 1,213 0% (438)$ 5.3% 6,079$ 5,64121 TIF 1 (New Hope Rd) Fund 146,648 - 146,648 (656,862) (510,214) 413 0% - 0% 413$ 0.3% (656,862)$ (656,449)34 Leose Fund 1,767 1,650 117 1,895 2,012 5 - 5$ 4.3% 1,895$ 1,90083 Tree Reforestation Fund 500 500 - 70,425 70,425 198 0% - 16% 198$ 0.0% 70,425$ 70,623347,217$ 202,630$ 144,587$ (311,227)$ (166,640)$ 2,800$ 31,728$ (28,928)$ (311,227)$ (340,155)$ 4 Capital Projects Fund 70,250$ 104,768$ (34,518)$ (24,182)$ (58,700)$ 8,535$ 12% -$ 0% 8,535$ -24.7% (24,182)$ (15,647)$ 13 Capital Bond Fund - 735,000 (735,000) 2,617,419 1,882,419 7,387 12,714 2% (5,327)$ 0.7% 2,617,419$ 2,612,092$ 14 Park Dedication Fund 800 30,170 (29,370) 96,825 67,455 269 34% - 0% 269$ -0.9% 96,825$ 97,094$ 32 Library Building Fund 2,270 2,000 270 (4,035) (3,765) 649 29% - 0% 649$ 240.4% (4,035)$ (3,386)$ 45 Roadway Impact Fee Fund 27,535 10,000 17,535 573,275 590,810 3,460 13% - 0% 3,460$ 19.7% 573,275$ 576,735$ 61 Water Impact Fee Fund 35,146 152,525 (117,379) 12,325 (105,054) 1,528 0 - - 1,528 (0) 12,325 13,85362 Sewer Impact Fee Fund 17,201 60,000 (42,799) 77,190 34,391 1,305 0 - - 1,305 (0) 77,190 78,495153,202$ 1,094,463$ (941,261)$ 3,348,817$ 2,407,556$ 15,922$ 12,714$ 3,208$ 2,593,237$ 2,596,445$ 15 EDC 4B Fund 700,728$ 572,598$ 128,130$ 306,146$ 434,276$ 69,011$ 10% 56,418$ 10% 12,593$ 9.8% 306,146$ 318,739$ - - 0% - #DIV/0! -$ 0.0% -$ -$ 700,728$ 572,598$ 128,130$ 306,146$ 434,276$ 69,011$ 56,418$ 12,593$ 306,146$ 318,739$ EDC 4B FUNDS CAPITAL FUNDSOTHER GENERAL FUNDSDEBT SERVICE FUNDOTHER FUNDS: MONTHLY FINANCIALSREVENUES AND EXPENDITURES - BUDGET AND ACTUALFOR THE MONTH ENDED NOVEMBER 30, 2019BUDGETY-T-D ACTUAL
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
ANNUAL PROGRAM OF SERVICES
OCTOBER 2019
Monthly Information
1. $45,962 in Sales Tax Revenue
Lakeita Sutton
ADDITIONAL INFORMATION
2. EDC Director engaged in long-term planning, including relationship with Chamber, hotel satus, Red's
Roadhouse, and other development deals
Rental Fees, MMD Tax and Rental Insurance are reported on the Accrual Basis of Accounting, while all
other revenues and expenditures are reported on the Cash Basis. This procedure has been in effect for
several years, but can be changed should the Board wish.
FUND 15 - OPERATING FUND (EDC INVOICES AND REVENUE ARE RECEIVED IN THIS FUND)
FUND 95 - RESERVE FUND FOR DEBT REQUIREMENTS
FUND 19 - CAPITAL BOND FUND (CLOSED IN FY 18)
"YOU'RE HERE. YOUR HOME."
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
ANNUAL PROGRAM OF SERVICES
OCTOBER 2019
FY19-20
CATEGORY DESCRIPTION YTD
BEGINNING CASH BALANCE - FUND 15 (Operating Cash)344,981$
BEGINNING CASH BALANCE - FUND 95 (Required reserves)124,607$
BEGINNING CASH BALANCE - TOTAL 469,588$
BEGINNING AVAILABLE CASH - TOTAL 344,981
TOTAL REVENUES MINUS EXPENDITURES FOR MONTH 12,593$ *
ENDING CASH BALANCE - FUND 15 (Operating Cash)375,696$
ENDING CASH BALANCE - FUND 95 (Required reserves)124,796$
ENDING CASH BALANCE - TOTAL 500,492$
UNAVAILABLE CASH - EARMARKED
RESERVES FOR LEVERAGE NOTE (Required reserves)124,796$
TOTAL UNAVAILABLE CASH 124,796$
AVAILABLE CASH 375,696$
*Due to prior period adjustments, beginning
cash balance plus monthly income will not
always be an exact match for ending cash
balance
"YOU'RE HERE. YOUR HOME."
MONTH Y-T-D Y-T-D
Revenues:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
MMD TAX CURRENT YEAR 35,000$ -$ -$ 35,000$ -$ -$
SALES TAX 384,598 45,962 45,962$ 12.0%373,835 31,226$ 31,226$ 8.4%
INVESTMENT INCOME FUND 15 65 546 546$ 840.0%65 490 490$ 753.8%
INVESTMENT INCOME FUND 95 189 189$ 172 172$
MISCELLANEOUS INCOME 24,120 2,850 2,850$ 11.8%45,120 742 742$ 1.6%
INSURANCE REIMBURSEMENT - - -$ -$
RENTAL FEES - SHOPPING CTR 185,223 19,464 19,464$ 10.5%121,112 17,836 17,836$ 14.7%
RENTAL INSURANCE 746 - -$ 746 - -$
SALES OF ASSETS - - -$ - -
PROCEEDS-DEBT/LOAN/LEASE - - -$ - -
- - -$ -
Total Revenues 629,752$ 69,011$ 69,011$ 11.0%575,878$ 50,466$ 50,466$ 8.8%
Expenditures:
ADMINISTRATION 169,377 9,536 9,536 5.63%168,360 - - 0%
DEBT SERVICE 323,570 28,222 28,222 8.72%320,432 30,284 30,284 9%
TOWN SHOPPING CENTER 79,651 18,660 18,660 23.43%51,120 17,682 17,682 35%
TOWN CENTER REDEVELOPMENT -$ - - - - -
Total Expenditures 572,598$ 56,418$ 56,418$ 9.85%539,912$ 47,966$ 47,966$ 9%
Total Revenues Over (Under) Exp 57,154$ 12,593$ 12,593$ 35,966$ 2,500$ 2,500$
Other Financing Sources (Uses):
- - - - - -
Operating Transfer to / from General Fund - - - - - -
-
Total Other Financing Sources (Uses):- - - - - -
- - -
Net Change in Fund Balance 57,154$ 35,966$
Fund Balance Oct 1 430,732 290,178$
Ending Fund Balance 487,886$ 326,144$
- -
AVERAGE DAILY EXPENDITURES 1,569$ 1,479$
Number of Days In Reserve 311 220
Fund Balance as a % of Expenditures 85%60%
REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
FY 2019-20 WITH PRIOR YEAR COMPARISON
FOR THE MONTH ENDED OCTOBER 31, 2019
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY 2019-20 FY 2018-2019 FY 2018-2019
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
MONTH Y-T-D Y-T-D
Revenues:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
MMD TAX CURRENT YEAR 35,000$ -$ -$ 35,000$ -$ -$
SALES TAX 410,401 45,962 45,962$ 11.2%384,598 31,226$ 31,226$ 8.1%
INVESTMENT INCOME 4,000 546 546$ 13.7%65 490 490$ 753.8%
MISCELLANEOUS INCOME 30,120 2,850 2,850$ 9.5%24,120 742 742$ 3.1%
INSURANCE REIMBURSEMENT - -$ - -$
RENTAL FEES - SHOPPING CTR 221,207 19,464 19,464$ 8.8%185,223 17,836 17,836$ 9.6%
RENTAL INSURANCE - -$ 746 - -$ 0.0%
SALES OF ASSETS - - -$ - -$
PROCEEDS-DEBT/LOAN/LEASE - - -$ - -$
- - -$ -
Total Revenues 700,728$ 68,822$ 68,822$ 9.8%629,752$ 50,294$ 50,294$ 8.0%
Expenditures:
ADMINISTRATION 169,377 9,536 9,536 5.63%168,360 - - 0%
DEBT SERVICE 323,570 28,222 28,222 8.72%320,432 30,284 30,284 9%
TOWN SHOPPING CENTER 79,651 18,660 18,660 23.43%51,120 17,682 17,682 35%
TOWN CENTER REDEVELOPMENT -$ - - - - -
Total Expenditures 572,598$ 56,418$ 56,418$ 9.85%539,912$ 47,966$ 47,966$ 9%
Total Revenues Over (Under) Exp 128,130$ 12,404$ 12,404$ 89,840$ 2,328$ 2,328$
Other Financing Sources (Uses):
- - - - - -
Operating Transfer to / from General Fund - - - - - -
-
Total Other Financing Sources (Uses):- - - - - -
- - -
Net Change in Fund Balance 128,130$ 89,840$
Fund Balance Oct 1 306,146 168,179$
Ending Fund Balance 434,276$ 258,019$
- -
AVERAGE DAILY EXPENDITURES 1,569$ 1,479$
Number of Days In Reserve 277 174
Fund Balance as a % of Expenditures 76%48%
REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
FY 2019-20 WITH PRIOR YEAR COMPARISON
FOR THE MONTH ENDED OCTOBER 31, 2019
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY 2019-20 FY 2018-2019 FY 2018-2019
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
EDC ADMIN
MONTH Y-T-D Y-T-D
Expenditures:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
PRINTED SUPPLIES 2,000$ -$ -$ 0.0%2,000$ -$ -$ 0.0%
GENERAL OFFICE SUPPLIES 50 - -$ 0.0%50 - -$ 0.0%
POSTAGE 50 - -$ 0.0%50 - -$ 0.0%
1,200 1,200
SUPPLIES TOTAL 3,300 - - - 3,300 - 0.0%
ADVERTISING - - -$ - - -$ #DIV/0!
ASSOCIATION DUES/PUBLICATIONS 3,395 - -$ 0.0%5,320 - -$ 0.0%
TRANING/SEMINARS 250 - -$ 0.0%250 - -$ 0.0%
LEGAL SERVICES 14,925 - -$ 0.0%13,000 - -$ 0.0%
AUDIT SERVICES 4,250 - -$ 0.0%4,250 - -$ 0.0%
SPECIAL SERVICES 975 (157) (157)$ -16.1%250 - -$ 0.0%
FILING FEES -
ENGINEERING SERVICES
TRAVEL 100 - -$ 100 0.0%
ENGINEERING SERVICES - - -$ #DIV/0!-
ADMIN CHARGE-GENERAL FUND 116,318 9,693 9,693$ 8.3%117,890 - -$ 0.0%
FUNCTIONAL GRANT 25,864 - -$ 0.0%24,000 - -$ 0.0%
LAND -
SUNDRY TOTAL 166,077 9,536 9,536 5.74%165,060 - - 0.0%
CAPITAL TOTAL - - - - - - -
- - -$ -
Total EDC Admin Expenditures 169,377$ 9,536$ 9,536$ 5.6%168,360$ -$ -$ 0.0%
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY 2019-20 FY 2018-19 FY 2018-2019
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
EDC DEBT SERVICE
MONTH Y-T-D Y-T-D
Expenditures:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
2007 $1.2M TAX BOND INTEREST 46,566$ 23,213$ 23,213$ 49.8%50,735$ 25,321$ 25,321$ 49.9%
2007 $1.2M TAX BOND PRINCIPAL 65,000 -$ 0.0%60,000 - -$ 0.0%
2011 $1.7M TX LEVERAGE INT 18,122 1,598 1,598$ 8.8%12,834 1,685 1,685$ 13.1%
2011 $17.M TX LEVERAGE PRIN 41,982 3,411 3,411$ 8.1%42,038 3,278 3,278$ 7.8%
TRANSFER OUT-DEBT SERV FUND 151,900 - -$ 0.0%154,825 - -$ 0.0%
- -
Total EDC Debt Expenditures 323,570$ 28,222$ 28,222$ 8.7%320,432$ 30,284$ 30,284$ 9.5%
FY 2019-20 FY 2018-19 FY 2018-2019
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
EDCTOWN SHOPPING CENTER
MONTH Y-T-D Y-T-D
Expenditures:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
BUILDING MAINTENANCE 54,951$ 7,727$ 7,727$ 14.1%29,920$ 5,672$ 5,672$ 19.0%
ELECTRIC SERVICES 5,700 429 429$ 7.5%6,700 371 371$ 5.5%
INSURANCE - PROPERTY 13,000 9,976 9,976$ 76.7%8,500 11,139 11,139$ 131.0%
SPECIAL SERVICES 6,000 528 528$ 8.8%6,000 500 500$ 8.3%
- -
Total EDC Town Center Expenditures 79,651$ 18,660$ 18,660$ 23.4%51,120$ 17,682$ 17,682$ 34.6%
FY 2019-20 FY 2018-19 FY 2018-19
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
EDC TOWN CENTER REDEVELOPMENT
MONTH Y-T-D Y-T-D
Expenditures:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
ENGINEERING SERVICES -$ -$ -$ -$
CONSTRUCTION - -$ - -$
- -
Total EDC Town Center Expenditures -$ -$ -$ -$ -$ -$
FY 2019-20 FY 2018-19 FY 2018-19
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
EDC BOND RESERVE FUND
MONTH Y-T-D Y-T-D
Revenues:
Original
Budget Oct-19 Oct-19 % Budget
Original
Budget
MONTH Oct-
18
Y-T-D
Oct-18
Y-T-D
% Budget
INVESTMENT INCOME 2,000 189 189$ - 172 172$
Total Revenues 2,000$ 189$ 189$ -$ 172$ 172$
Expenditures:
ADMINISTRATION -$ - - - -
Total Expenditures -$ -$ -$ -$ -$ -$
Total Revenues Over (Under) Exp 2,000$ 189$ 189$ -$ 172$ 172$
- - -
Net Change in Fund Balance 2,000$ -$ -$ -$
Fund Balance Oct 1 124,586 121,999$
Ending Fund Balance 126,586$ 121,999$
REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
FY 2019-20 WITH PRIOR YEAR COMPARISON
FOR THE MONTH ENDED OCTOBER 31, 2019
CURRENT FISCAL YEAR PRIOR FISCAL YEAR
FY 2019-20 FY 2018-19 FY 2018-19
BUDGET ACTUAL BUDGET FY ACTUAL
"YOU'RE HERE. YOUR HOME."
Year October November December January February March April May June July August September Total
FY2020 45,962$ 45,962$
FY2019 31,048$ 38,680$ 39,362$ 88,360$ 45,433$ 36,033$ 34,603$ 46,432$ 38,783$ 43,510$ 36,757$ 47,143$ 526,144$
FY2018 34,607$ 38,169$ 28,985$ 31,808$ 54,501$ 31,672$ 41,253$ 43,121$ 36,295$ 41,089$ 39,590$ 29,697$ 450,787$
FY2017 29,583$ 38,719$ 27,285$ 29,652$ 35,265$ 26,215$ 29,043$ 33,374$ 26,747$ 33,648$ 16,530$ 28,850$ 354,908$
FY2016 31,046$ 39,712$ 32,662$ 25,293$ 38,669$ 29,196$ 26,505$ 38,181$ 27,906$ 28,195$ 29,231$ 30,459$ 377,055$
FY2015 23,985$ 31,479$ 27,515$ 24,594$ 35,857$ 24,104$ 27,064$ 39,783$ 42,821$ 55,252$ 48,766$ 59,232$ 440,453$
FY2014 21,990$ 29,867$ 31,661$ 22,458$ 32,594$ 23,228$ 26,412$ 31,319$ 25,832$ 23,976$ 28,866$ 22,659$ 320,861$
FY2013 33,617$ 31,297$ 23,446$ 20,135$ 30,003$ 20,791$ 20,318$ 32,020$ 21,136$ 22,435$ 27,973$ 26,025$ 309,197$
-$
EDC Sales Tax By Month
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
50,000
October November December January February March April May June July August September
Sales Tax vs 5 Year Average
FY 2020
Five Year Average
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM IV.E.1.
SUBJECT
Approval of the minutes from the November 19, 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_11.19_Minutes_City Council Regular
Meeting_DRAFT
2019_11.19_Minutes_City Council Regular
Meeting_DRAFT.pdf
Page 1 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING | NOVEMBER 19, 2019
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 7:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 5:30 p.m.
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
Mayor Brian Johnson stated that this presentation had been postponed.
2. Update on Safe Routes to School Program
Director of Planning and Economic Development Melissa Dailey gave an overview of the
Safe Routes to School (SRTS) Program, a partnership with the North Central Texas Council
of Governments (NCTCOG), aimed at improving pedestrian safety surrounding the James F.
Delaney Elementary and James A. Arthur Intermediate Schools. She stated that the project
was expected to be completed in 2021. There was some discussion regarding streets in this
area that are designated as one-way during portions of the day.
3. Discussion of current regulations regarding farmers markets
Director of Planning and Economic Development Melissa Dailey gave an overview of City,
County, and State regulations regarding farmers markets including inspection and permitting.
4. Discussion regarding maintaining a separate bank account for the Economic
Development Corporation (EDC)
THIS ITEM WAS TAKEN OUT OF ORDER. IT WAS PRESENTED IMMEDIATELY FOLLOWING WORK
SESSION REPORT 5.
Finance Director Lakeita Sutton stated that staff recommended the closing of the separate
bank account set up in 2018 for EDC monies, noting that the EDC was audited separately
from the City and that neither of the most recent external auditing firms had recommended
utilizing a separate bank account for the EDC as the practice of fund accounting already
accomplishes adequate accounting of EDC monies. She added that the EDC Board had also
voted unanimously to recommend closing of the account, which would save the City about
$600 annually and improve workload efficiencies.
At this time, it was the consensus of the Council for staff to close the separate EDC bank
account, move the monies from that account back into the City’s consolidated pooled cash
fund, and to credit those monies to the EDC Fund. DRAFT UNTIL APPROVED BY COUNCIL
Page 2 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
5. Receive a presentation and hold a discussion regarding the Greenways Project
THIS ITEM WAS TAKEN OUT OF ORDER. IT WAS PRESENTED IMMEDIATELY FOLLOWING WORK
SESSION REPORT 3, BUT BEFORE REPORT 4.
Director of Planning and Economic Development Melissa Dailey gave an overview of the
Greenways Project, noting that staff was coordinating with the National Parks Service (NPS)
on a plan to utilize current parkland to create a connected system following the local creeks
and, eventually, tying into the regional Veloweb.
B. REQUESTS FOR CLARIFICATION OF ITEMS LISTED ON THE AGENDA
There was no discussion at this time.
Mayor Brian Johnson recessed to Executive Session at 6:15 p.m.
III. EXECUTIVE SESSION
Council recessed to Executive Session twice – first at 6:15 p.m. and then at 7:47 p.m.
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. Discuss 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
Mayor Brian Johnson called the Regular Session to order at 7:00 p.m.
Action, pursuant to the Executive Session, which was taken by the Council immediately after the
Regular Session was called to order, is noted on item H.2.
DRAFT UNTIL APPROVED BY COUNCIL
Page 3 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
A. ROLL CALL
Present: Mayor Brian Johnson, Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1;
Chris Pugh, Place 2; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE. Staff: City
Manager George Campbell, City Secretary & Communications Coordinator Leslie E. Galloway, Director of Finance
and Information Technology Lakeita Sutton, Public Works Director Larry Hoover, Director of Planning and Economic
Development Melissa Dailey, Fire Chief James Brown, Police Chief Tommy Williams, City Attorney Drew Larkin , City
Attorney Wayne Olson; Consultants: CEO Jean-Marie Alexander and President Craig Barnes of Shield Engineering
B. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS
Pastor Greg Adams of Covenant Life Baptist Church offered the invocation.
C. VISITOR AND CITIZEN FORUM
Richard Weber, 2703 Crestmoor Court, Arlington, requested that staff research whether
the October 3, 2018 Planning and Zoning (P&Z) Commission agenda was posted 72
hours before the meeting.
John Hivale, 418 Coker Valley Drive, spoke regarding the City Manager’s evaluation,
agenda items F.4. and F.5., and a public hearing.
Phil Wallace, 304 Arthur Drive, spoke about recent Park Board considerations relating to
the local baseball programs and fields.
D. REPORTS AND ANNOUNCEMENTS
1. Updates from the City Council
JOSH ALTOM, Place 1, announced that he attended the Parks Board meeting, a
Greenways Project meeting, and an event at James A. Arthur Intermediate; and he
thanked Fire Chief James Brown for his work on the literacy program.
CHRIS PUGH, Place 2, announced that he and his wife attended and helped sponsor
the Community Dinner at First United Methodist Church (FUMC) and that he attended
the Community Health Fair.
MAYOR PRO TEM SANDRA LEE, Place 3, recognized Tarrant County
Commissioner Devan Allen and Precinct Administrator Jay Jackson (both in
attendance) for their responsiveness to Kennedale and a recent toiletry drive
benefitting TCC students; she announced that she attended the Health Fair and
Moms Demand Action; and announced her candidacy for Constable of Precinct 7.
LINDA RHODES, Place 4, announced that she attended the one-year celebration for
Senior Outreach along with Mayor Pro Tem Lee, but was unable to attend the
Community Health Fair due to a ladies’ tea at her church where food was collected for
the FUMC Food Pantry.
CHAD WANDEL, Place 5, announced that he attended the FUMC Community Dinner
along with Councilmember Pugh and encouraged attendance.
2. Updates from the Mayor
Mayor Brian Johnson announced that he attended the Community Health Fair, that his term
as chair of TRTC had ended, and that he would be emceeing the Mayors’ Council Dinner.
3. Updates from the City Manager DRAFT UNTIL APPROVED BY COUNCIL
Page 4 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
City Manager George Campbell reported that the City has issued a press release on Friday,
November 15, regarding a recent announcement by FATHOM, the City’s third-party customer
service billing company, that they were going out of business. He added that staff was
working to ensure a seamless transition for utility customers to a new billing provider and
would continue providing updates via the newsletter and the website.
Campbell also announced the Christmas Tree Lighting event on Tuesday, December 3.
4. Discussion of Financial and Investment Reports for the City and the EDC
City Manager George Campbell reported that the format of the agenda had been streamlined,
noting that financial reports for the City and the EDC (which had formerly been listed under
“Monitoring Information” would now routinely appear under Reports and Announcements. He
added that the financials had been provided by Director of Finance and Information
Technology Lakeita Sutton, who was available to answer any questions from the Council.
E. CONSENT AGENDA
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
Motion Approve. Action Approve the Consent Agenda, with the amended October 22,
2019 minutes as presented. Moved By Rhodes. Seconded By Mayor Pro Tem
Lee. Motion passed unanimously.
Norm Bulaich of Waste Connections thanked Council for the City’s continued patronage.
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
Daniel J. Bennett, 408 Pemberton Street, White Settlement, spoke in support of TAD
Board candidate Gary Losada.
Motion Approve. Action Approve adoption of Resolution 562, affirming the casting of all of
the City’s six (6) allotted votes for the 2020 Tarrant Appraisal District (TAD) Board of Directors
for candidate Mike Leyman. Moved By Mayor Pro Tem Lee. Seconded By Wandel. Motion
passed unanimously.
2. Consider adoption of Ordinance 684, amending the composition, charge, and meeting
requirements for the Utility and Infrastructure Board (UIB)
City Manager George Campbell stated that this Ordinance had been drafted based upon
Council’s direction during the Work Session of the October 15 regular meeting.
Motion Approve. Action Approve Ordinance 684, amending the composition, charge, and DRAFT UNTIL APPROVED BY COUNCIL
Page 5 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
meeting requirements for the Utility and Infrastructure Board (UIB). Moved By Wandel,
Seconded By Rhodes. Motion passed unanimously.
3. Consider making appointments to the Utility and Infrastructure Board (UIB)
Motion Approve. Action Approve appointment to the Utility and Infrastructure Board (UIB)
the following regular members: Austin Degenhart, Place 1; Martha Dibella, Place 2; Jeff
Nevarez, Place 3; Kenneth Michels, Place 4; Darold Tippey, Place 5; Andrew Schaffer, Place
6; and Jeff Gregory, Place 7. Moved By Pugh, Seconded By Wandel. Motion passed
unanimously.
Motion Approve. Action Approve appointment to the Utility and Infrastructure Board (UIB)
the following alternate members: David Green, Place 8; and Johnny Trevino, Place 9. Moved
By Rhodes, Seconded By Mayor Pro Tem Lee. Motion passed unanimously.
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
Public Works Director Larry Hoover gave details of the agreement and the work to be
completed, including the complications presented by trees within the roadway and stormwater
drainage issues.
Motion Approve. Action Approve authorizing City Manager George Campbell 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. Moved
By Wandel. Seconded By Pugh. Motion passed unanimously.
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
Public Works Director Larry Hoover stated that this item had been presented to Council
during the Work Session of the Tuesday, October 15 regular meeting, noting that the price
had changed from $95,000 to $100,000; and he was available to answer questions.
Motion Approve. Action Approve authorizing City Manager George Campbell 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. Moved By Pugh. Seconded By Wandel. Motion passed
unanimously.
Mayor Brian Johnson recessed to Executive Session at 7:47 p.m.
G. PUBLIC HEARINGS
THERE WERE NO PUBLIC HEARINGS POSTED ON THIS AGENDA.
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
There was neither action nor discussion regarding this item. DRAFT UNTIL APPROVED BY COUNCIL
Page 6 of 6
CITY COUNCIL MINUTES | NOVEMBER 19, 2019
2. Take any other action deemed necessary as a result of the Executive Session
THIS ITEM WAS TAKEN OUT OF ORDER. THE FOLLOWING ACTION WAS TAKEN IMMEDIATELY
AFTER MAYOR JOHNSON CALLED THE REGULAR SESSION (SECTION IV) TO ORDER.
Motion Approve. Action Approve, pursuant to the Executive Session discussion, authorizing
City Manager George Campbell to enter into any contracts necessary to complete the
transition from FATHOM, including contracts with Systems and Software, Inc. (S&S) and
VertexOne. Moved By Altom. Seconded By Wandel. Motion passed unanimously.
I. ADJOURNMENT
Motion Adjourn. Action Adjourn, Moved By Mayor Pro Tem Lee, Seconded
By Wandel. Motion passed unanimously.
Mayor Brian Johnson adjourned the meeting at 8:41 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: DECEMBER 17, 2019
AGENDA ITEM NUMBER: CONSENT AGENDA ITEM IV.E.2.
SUBJECT
Approval of the minutes from the December 3, 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_12.03_Minutes_City Council Special
Meeting_DRAFT
2019_12.03_Minutes_City Council Special
Meeting_DRAFT.pdf
Page 1 of 2
CITY COUNCIL MINUTES | DECEMBER 3, 2019
KENNEDALE CITY COUNCIL MINUTES
REGULAR MEETING | DECEMBER 3, 2019
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION AT 5:30 PM | REGULAR SESSION AT 5:00 PM
I. CALL TO ORDER
Mayor Brian Johnson called the meeting to order at 5:00 p.m.
II. EXECUTIVE SESSION
THE COUNCIL DID NOT RECESS TO EXECUTIVE SESSION DURING THIS MEETING.
III. REGULAR SESSION
A. ROLL CALL
Present: Mayor Brian Johnson, Mayor Pro Tem Sandra Lee, Place 3; Josh Altom, Place 1;
Chris Pugh, Place 2; Linda Rhodes, Place 4; Chad Wandel, Place 5; Absent: NONE. Staff:
City Manager George Campbell, Administrative Assistant Rosie Ericson, Director of Finance and Information
Technology Lakeita Sutton, City Attorney Wayne Olson
B. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Receive a report, hold a discussion and provide staff direction and/or required
authorizations regarding the transition of customer billing from FATHOM to the City of
Arlington or another service vendor and provide direction and/or authorization necessary
for any funding required for the purchase and installation of equipment necessary for
such transition
City Manager George Campbell stated that he distributed a memo to the City Council on
Tuesday, November 26, regarding this ongoing process of transferring utility billing and
customer service from FATHOM, noting that – at the November 19 regular meeting – the
Council had authorized him to contract with Systems and Software (S&S), VertexOne,
and any other companies necessary to ensure continuity of the services previously
provided by FATHOM; but that contracts had not been executed with either of the two
specifically named companies at this time.
He went on to summarize the ongoing discussions and future options available with
FATHOM, the City of Arlington, MuniBilling, Aclara, VertexOne, and S&S. There was
some discussion of ownership of assets, costs of data conversion, options regarding the
potential replacement of meter interface units (MIUs), potential need to estimate invoices,
winter averaging of sewer usage, and a potential need for a competitive bidding process.
Campbell noted that Resolution 563 did not approve issuance of debt, but merely
authorized staff to move forward with the necessary steps to consider issuance of debt;
and recommended that the City Council approve Reimbursement Resolution 563 (Item DRAFT UNTIL APPROVED BY COUNCIL
Page 2 of 2
CITY COUNCIL MINUTES | DECEMBER 3, 2019
B.2. on this agenda), approve staff to use Water Fund reserves to fund the potential
replacement of MIUs with the understanding that the Water Fund would be reimbursed by
any Tax Note issuance resulting from this resolution.
2. Consideration and approval of Resolution 563 relating to establishing the City’s intention
to reimburse itself for the prior lawful expenditure of funds from the proceeds of tax-
exempt obligations to be issued by the City for authorized purposes; authorizing other
matters incident and related thereto; and providing an effective date
Motion To Approve. Action Approval of Resolution 563 relating to establishing the City’s intention
to reimburse itself for the prior lawful expenditure of funds from the proceeds of tax -exempt
obligations to be issued by the City for authorized purposes; authorizing other matters incident and
related thereto; and providing an effective date. Moved By Pugh. Seconded By Wandel. Motion
passes unanimously.
C. ADJOURNMENT
Motion To Adjourn. Action Adjourn. Moved By Rhodes. Seconded By Pugh Motion passes
unanimously.
Mayor Johnson adjourned the meeting at 5:22 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: DECEMBER 17, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.1.
SUBJECT
Consider authorizing City Staff and consultants to proceed with refunding, for debt service savings, the City’s
outstanding Combination Tax and Revenue Certificates of Obligation, Series 2010
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
City staff, in consonance with the City’s Financial Advisor, SAMCO Capital, has identified an opportunity to achieve
debt service savings on an outstanding bond. Due to the recent changes in the tax law, the City can refund its 2010
Certificates of Obligation (COs), for a savings of up to $126,000 over the next 10 years (assuming rates stay at or
near current levels).
The 2010 CO debt savings will be realized in the City’s EDC debt structure, reducing the debt service expenditure,
thereby resulting in more of a fund balance surplus for the EDC Fund.
This refunding accelerates the efforts the City is making to realize cash savings and maintain its credit rating. The
private placement refunding method being recommended will minimize the time for the completion of the
transaction as well as reduce the costs associated with other types of advancing bonds.
If the Council makes a decision to proceed with the refunding, there will be a future agenda item to consider the
sale in January or February of 2020.
RECOMMENDATION
Authorize City staff to proceed with refunding, for debt service savings, the Series 2010 Certificates of Obligation.
ATTACHMENTS
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.2.
SUBJECT
Consider appointment of a Chair of the Tax Increment Reinvestment Zone Board (TIRZ) #1 Board of Directors,
pursuant to Ordinance 506, Section 3
ORIGINATED BY
George Campbell, City Manager
SUMMARY
The Council appointed former Councilmember Rockie Gilley as Chair of the TIRZ Board at their December 11,
2018 regular meeting. Mr. Gilley no longer serves on the Board. Ordinance 506 states:
"Section 3. Zone Board of Directors
A board of directors for the Zone ("Board") is hereby created. The Board shall consist of seven (7) members who
shall serve for terms of two (2) years each. Of these seven (7) members, each taxing unit other than the City that
levies taxes on real property in the Zone may, but is not required to, appoint one (1) member to the Board.
After each taxing unit other than the City designates to the City either the name of the member that the taxing unit
wishes to appoint or the fact that the taxing unit wishes to waive its right to appoint a member, the City Council shall
appoint whatever number of members are necessary to fill the remaining positions on the Board. Each year the
City Council shall appoint a member to serve as chair for a term of one year beginning January 1 of the
following year per Section 311.009(f) of the Texas Tax Code. The City Council authorizes the Board of Directors
to elect from its members a vice chair and such other officers as the Board of Directors sees fit."
Current TIRZ Board Membership
• Darold Tippey, Place 1
• Bruce Cates, Place 2
• Councilmember Chris Pugh, Place 3
• Councilmember Chad Wandel, Place 4
• Tarrant County Precinct 2 Commissioner Devan Allen, Place 5
• Jill “J.R.” Labbe, Vice President, Communications & Community Affairs for JPS (Hospital District), Place 6
• Dr. Eugene Giovannini, Chancellor of Tarrant County College, Place 7
RECOMMENDATION
ATTACHMENTS
1.O506 O506.pdf
ORDINANCE NO. 506
AN ORDINANCE DESIGNATING CERTAIN NONCONTIGUOUS
GEOGRAPHIC AREAS IN THE CITY OF KENNEDALE AS "TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE —
NONCONTIG000S GEOGRAPHIC AREAS, NEW HOPE ROAD AND
BLOXOM ROAD, CITY OF KENNEDALE;" CREATING A BOARD OF
DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND
TERMINATION DATES FOR THE ZONE; ESTABLISHING A TAX
INCREMENT FUND FOR THE ZONE; AND CONTAINING OTHER
MATTERS RELATED TO THE ZONE.
WHEREAS, the City Council desires to promote the development of certain
noncontiguous geographic areas in the City of Kennedale, which are more
specifically described in Exhibit " A" of this Ordinance (the "Zone "), through the creation
of a new reinvestment zone as authorized by and in accordance with the Tax
Increment Financing Act, codified at Chapter 311 of the Texas Tax Code; and
WHEREAS, the City has prepared a preliminary financing plan for the Zone
and provided a copy of that plan to the governing body of each taxing unit that levies
taxes on real property in the Zone, in accordance with Section 311.003(b) of the Texas Tax
Code; and
WHEREAS, on July 12, 2012, the City Council held a public hearing regarding
the creation of the Zone and its benefits to the City and to property in the Zone and
afforded a reasonable opportunity for (i) all interested persons to speak for or against
the creation of the Zone, its boundaries or the concept of tax increment financing and (ii)
owners of real property in the Zone to protest inclusion of their property in the Zone, as
required by Sections 311.003(c) and (d) of the Texas Tax Code; and
WHEREAS, notice of the public hearing was published in a newspaper of general
circulation in the City on July 1, 2012, which satisfies the requirement of Section
311.003(c) of the Texas Tax Code that publication of the notice occur not later than the
seventh day before the date of the public hearing; and
WHEREAS, no owner of real property in the proposed Zone protested the
inclusion of their property in the proposed Zone; and
WHEREAS, the City has provided all information and made all presentations,
given all notices and done all other actions required by Chapter 311, Texas Tax Code,
or other law as a condition to the creation of the proposed Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENN EDALE, TEXAS:
Section 1. Findings
a) That the facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct and are adopted as part of this
Ordinance for all purposes;
b) That the City Council further finds and declares that the proposed
improvements in the Zone will significantly enhance the value of all the taxable real
property in the proposed Zone and will be of general benefit to the City;
c) That the City Council further finds and declares that the proposed Zone meets
the criteria and requirements of Section 311.005 of the Texas Tax Code because the
proposed Zone is predominantly open or undeveloped and, because of obsolete platting,
deterioration of structures or site improvements, or other factors, substantially impairs or
arrests the sound growth of the City and surrounding areas;
d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax
Code, further finds and declares:
1) That the proposed Zone is a noncontiguous geographic area located
wholly within the corporate limits of the City of Kennedale in accordance
with Section 311.003(a), Texas Tax Code;
2) That the total appraised value of taxable real property in the proposed
Zone does not exceed fifty percent of the total appraised value of taxable
real property in the City and the industrial districts created by the City;
3) That thirty percent or less of the property in the Zone, excluding
property that is publicly owned, is used for residential purposes
defined as any property occupied by a house having fewer than five
living units); and
4) That the development or redevelopment of the property in the
proposed Zone will not occur solely through private investment in the
reasonably foreseeable future.
Section 2. Designation of Zone
The City Council hereby designates the Zone described in the boundary
description and depicted in the map, both attached hereto as Exhibit "A" and made a
part of this Ordinance for all purposes, as a reinvestment zone pursuant to and in
accordance with Chapter 311 of the Texas Tax Code. This reinvestment zone shall
be known as "Reinvestment Zone Number One, Noncontiguous Geographic Area,
New Hope Road and Bloxom Road, City of Kennedale."
Section 3. Zone Board of Directors
A board of directors for the Zone ( "Board ") is hereby created. The Board shall
consist of seven (7) members who shall serve for terms of two (2) years each. Of
these seven (7) members, each taxing unit other than the City that levies taxes on real
property in the Zone may, but is not required to, appoint one (1) member to the Board.
After each taxing unit other than the City designates to the City either the name of the
member that the taxing unit wishes to appoint or the fact that the taxing unit wishes to
waive its right to appoint a member, the City Council shall appoint whatever number of
members are necessary to fill the remaining positions on the Board. E a c h ye a r t h e
City Council shall appoint a member to serve as chair for a term of one year beginning
January 1 of the following year per Section 311.009(f) of the Texas Tax Code. The City
Council authorizes the Board of Directors to elect from its members a vice chair and
such other officers as the Board of Directors sees fit.
The Board shall make recommendations to the City Council concerning the
administration, management and operation of the Zone. The Board shall prepare and
adopt a project plan and a reinvestment zone financing plan for the Zone and submit
such plans to the City Council for its approval. The Board shall perform all duties
imposed upon it by Chapter 311 of the Texas Tax Code and all other applicable laws.
Notwithstanding anything to the contrary herein, the Board shall not be authorized to (i)
issues bonds; (ii) impose taxes or fees; (iii) exercise the power of eminent domain, or (iv)
give final approval to the Zone's project plan and financing plan.
Section 4. Term of Zone
That the Zone shall take effect upon the adoption of this Ordinance and
terminate on the earlier of (i) December 31, 2037 or an earlier termination date
designated by an Ordinance adopted after the effective date of this Ordinance or (ii) the
date on which all project costs, tax increment bonds and interest on those bonds and
other obligations have been paid in full.
Section 5. Determination of Tax Increment Base
The tax increment base for the Zone, as defined by Section 311.012(c) of the
Texas Tax Code, shall be the total appraised value of all real property in the Zone
taxable by a taxing unit for the year 2012, which is the year in which the Zone was
designated as a reinvestment Zone.
Section 6. Tax Increment Fund
A tax increment fund for the Zone (the "TIF Fund ") is hereby established. The
TIF Fund may be divided into additional accounts and sub - accounts authorized by
resolution or Ordinance of the City Council. The TIF Fund shall consist of (1) the
percentage of the tax increment, as defined by Section 311.012(a) of the Texas Tax
Code, that each taxing unit which levies real property taxes in the Zone, other than the
City, has elected to dedicate to the TIF Fund under an agreement with the City
authorized by Section 311.013(f) of the Texas Tax Code, plus (ii) one hundred percent
100 %) of the City's tax increment, as defined by section 311.012(a) of the Texas Tax
Code, subject to any binding agreement executed at any time by the City that pledges
a portion of such tax increment or an amount of other legally available funds whose
calculation is based on receipt of any portion of such tax increment. The TIF Fund
shall be maintained in an account at a depository bank of the City and shall be secured in
the manner prescribed by law for Texas cities. In addition, all revenues from (i) the sale
of any obligations hereafter issued by the City and secured in whole or in part from the tax
increments; (ii) revenues from the sale of any property acquired as part of an adopted
tax increment financing plan; and (iii) other revenues dedicated to and used in the
Zone shall be deposited into the TIF Fund. Prior to the termination of the Zone,
money shall be disbursed from the Tax Increment Fund only to pay project costs, as
defined by the Texas Tax Code, for the Zone, to satisfy the claims of holders of tax
increment bonds or notes issued for the Zone, or to pay obligations incurred pursuant to
agreements entered into to implement the project plan and reinvestment zone financing
plan and achieve their purpose pursuant to Section 311.010(b) of the Texas Tax
Code.
Section 7. Tax Increment Agreements
Pursuant to Sections 311.008 and 311.013 of the Texas Tax Code, the City
Manager and City Attorney are hereby authorized to execute and deliver, for and on
behalf of the City, tax increment agreements with taxing units that levy real property taxes
in the Zone.
Section 8. Severability
If any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent
jurisdiction, the remaining portions, sections or parts of sections of this Ordinance
shall be and remain in full force and effect and shall not in any way be impaired or
affected by such decision, opinion or judgment.
Section 9. Notices
The contents of the notice of the public hearing, which hearing was held before
the City Council on July 12, 2012, and the publication of said notice, are hereby ratified,
approved and confirmed.
Section 11. Effective Date
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON THIS 12" DAY OF JULY, 2012.
John Clark, "Mayor
1 % N*
y ci ATTEST:
r C
Amethyst Cirgio, City Secretary
APPROVED AS TO FORM AND LEGALITY:
A t T'
Wayne K. Olson, City Attorney
EXHIBIT A - MAP
0
g -:
tit
ONAH g
EXHIBIT A - BOUNDARY DESCRIPTION
CA Boaz Subd Of J B Renfro Survey Bilk Lots 29, 30, 31, 32B, 32C, 32D2A, 32Dr,
32E, 32R, 33, 34A, 34B, 35A, 35B, 36A, 36A1, 36A2 & NE Pt 37, 36A3, 36A4 & 36D,
36A5 & 36E, 36B, 36C, 37A, 37B, 37B1, 38, 39.
E C Cannon Survey A378 Trs 1J01 & 1Ee.
Wade H Hudson Survey A716 Tr 2, 2C, 2C01, 2CO2, 2CO3, 2C04, 2C04A, 2CO5,
2C06, 2C07, 2C08, 2C09, 2C10, 2C10A, 2C11, 2C12; 2C13; 2C14, 2C15, 2C16, &
2C17 (AKA Bloxom Business Park Lts 26, 27, 28, 29); 2C18, 2C18, 2C19, 2C20, 2C21,
2C22, 2C23, 2C24, 2C25, 2C25A, 2C25B, 2D, 2E.
Kennedale Speedway Park Addn Blk 1 Lot 1.
Kennedale Sub - Station Addn Blk 1 Lot 1 and Blk 2 Lot 1.
City of Kennedale Addn Blk 23 Lot 1A; Blk 44 N100'7 & 8; Blk 44 Lts 1 2 S20'7 & 8;
Blk 44 Lots 3& 4; Blk 44 Lts 5, 6 & Vacated Alley; Blk 45 Lots 5 -8 & Pt Closed Alley,
Lots 1 R & 3R; Blk 45 Lts 9 -12 & Pt Closed Alley; Blk 45 Lts 13- 16 & Pt Closed
Alley; Blk 66 Lts 1, 2, 15, 16 & Pt Of Closed Alley; Blk 66 Lts 3, 4B, 5B, 6B, 7B, 8B & Pt
Of Closed Alley; Blk 66 Lts 4A, 5A, 6A, 7A, 8A & Pt Of Closed Alley; Blk 66 Lts 9, 10,
11, 12, 13A & Pt Of Closed Alley; Blk 66 Lts 13B, 14 & & Pt Of Closed Alley; Blk 67 Lts
1 -12 & Closed Alley; Blk 88 Lots 1R, 2R, 3R, 4R, 5R, 6R, 7R; Blk 89 Lots 1, 2; BIk90.
Kim Addn Blk 1 Lot 1.
Living Water Baptist Church Blk 1 Lot 1.
Pine Meadow Addn Blk 1, Lots 1 -11, 12R, 13R, 14 -32; Blk 2 Lots 1 -3.
Raceway Estates Addn Bilk Lots 1A1, 1A2, 1B, 2, 3, 4, 5A, 5B, 6A, 6131, 6132, 6133, 7A,
7B.
Jesse B Renfro Survey Al260 Trs 1A, 1A01, 1A01A, 1A02, A0313, 1B, 1B01, 1B01A,
1C01, 1C01A, 1CO2, 1D, 1E, 1F, 1F01, 1F01A, 1F01A1, 1G, 1G01, 1G01A, 1G02,
1G02A, 1H, 3E, 5E, 5E01, 5E02, 5E03, 5E04, 5E05, 5H, 1A3A & 1A3E, 1A3C & 1A3D,
5F, 5F1, & 5J.
R C Richey Survey A1358, Trs 1, 1A, 1B, 1C, 2, 2A, 2A01, 2A02, 2B1, 2132, 2134,
2135.
R C Richey Survey A1359 Trs 1, 1A, 1B, 1C, 1D, 1E.
Robert C Richey Survey A1327 Trs 1A01, 1B, 1B01, 1C, 2, 2B, 21301, 2132, 263,
2604, 2C, 2D, 2E, 2F, 2G, 2H, 2J, 2K, 2L, 2M.
Peter Rouche Survey A1338 Trs 1, 1 B, 1C, 2, 2B, 2C.
Joel Snider Survey A1448 Trs 1A, 1B, 1C, 1D, 1D01, 2, 2A, 2B, 2C, 3, 3A, 3A01, 3B,
3801.
C B Teague Survey A1506, Trs 2, 3, 4,4A, 4A01, 4A01A, 4A01A1, 4A01B, 4A01C,
4A02, 413, 4601, 4602, 4E, 4F, 5, 5A, 5A01, 5B.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.3.
SUBJECT
Consider authorizing the City Manager to enter into an 1-year agreement with NetGenius for Information
Technology (IT) services, at an annual cost of $119,700
ORIGINATED BY
Lakeita Sutton, Director of Finance and Information Technology
SUMMARY
In order to fulfill the duty of regularly evaluating the City’s contracts and agreements, the Finance Department
issued an RFP for Information Technology (IT) Services in September (with a deadline of October 11, 2019).
Seven responses were received from various qualified firms.
The Finance Department solicited appraisals of the proposals from several Department Heads who provided
written evaluations to the Finance Department for tabulation according to the following scoring criteria and
assignments:
POINTS GUIDANCE
5 Significantly Exceeds Standards
4 Exceeds Standards
3 Achieves Standards
2 Barely Achieves Standards
1 Significantly Below Standards
0 Not usable
FACTOR WEIGHT
Ability to satisfy solutions to City’s needs 30%
Contractor’s computer expertise and experience with comparable networks 30%
Qualifications and experience of engagement staff 20%
Client references 10%
Costs to the City 10%
In-person interviews were scheduled with the top-scoring firms where various staff members, including the Finance
Department had the opportunity to meet with staff from the firms. Following these interviews, several evaluators
and interviewers as well as the Finance and Information Technology (IT) staff selected NetGenius as the preferred
proposal.
NetGenius' scores across all the desired capability factors listed above were admirable. Their references were
stellar and their experience meets (if not exceeds) the IT service required by the City of Kennedale. The cost for IT
services from NetGenius would be $119,700 annually ($9,975/month) which would save the City approximately
$5,100 annually.
The contract submitted by NetGenius is attached, but is under review by the City Attorney. Once available, a
redlined version will be provided to the Council.
RECOMMENDATION
Staff would recommend authorizing staff to contract with NetGenius for IT services for a term of one year.
ATTACHMENTS
1. RFP Submittal (Net Genius) RFP - Net Genius.pdf
2. NetGenius Service Agreement NetGenius Service Agreement.pdf
MANAGED IT SERVICES AGREEM ENT
1. Introduction . This Managed IT Services Agreement (“the Agreement”) is between N ETG ENIUS , INC ., a Texas corporation (the
“Company”), and the entity defined as “Customer” on the Proposal, attached here and incorporated herein by reference. This information
is also referred to as the “Customer Information”. N ETG ENIUS , I NC ., and the Customer are hereafter referred to collectively as the
“Parties.” This Agreement is effective upon the date defined herein as the “Contract Date”, which is also the “Effective Date”.
2. Recitals . The Customer wants the Company to provide infrastructure and management services (these services, “Managed
Services”) that support the Customer's IT infrastructure. The purpose of Managed Services is for the Company to provide proactive and
reactive support and consultation services, with the goal of maintaining business continuity, for identified business -critical systems and
components on which the Customer depends for their business. The Company will be responsible for addressing and minimizing disruptions
to normal business continuity and responding according to the provisions of the Schedule of Services attached hereto and incorporated .
This Agreement formally describes the services being provided by the Company and any limitations placed on the actions of the Parties
during the term of the Agreement.
3. Definitions. Unless otherwise clear, a stated time of day refers to exactly the stated time, as measured by a commonly accepted
standard timekeeper, in the state of Texas, adjusted for Daylight Savings Time according to federal and state law.
A. “Company Equipment” mea ns all Company owned, leased, or developed hardware, software, equipment, machinery, tools
and devices (1) located in any Data Center, except for Customer Equipment, or (2) located on the Customer's premises to provide Services
hereunder, and as may be more fully described in any Proposal, this Agreement, or amendments.
B. “Change of Law” means the coming into effect after the Effective Date of this Agreement of applicable law or any applicable
judgment of a relevant court of law that changes the interpretation of the applicable law and affects the Company's performance under the
Agreement in a material way.
C. “Customer Equipment” means equipment owned or controlled by the Customer.
D. “Data Center” means a Company or the Company’s Vendor data center facility or facilities.
E. “Default” means either a Company Default or a Customer Default as required by the context.
F. “Equipment” means, collectively, Company Equipment and Customer Equipment.
G. “Implementation Date” means the later of (1) the date specified as the implementation date on the Proposal, if any or (2) the
date on which the applicable Service is ready for the Customer's use.
H. “Proposal” means any agreement or document that itemizes the Services and charges for such Services purchased by Customer.
I. “Stored Files” means file retention and transaction logs stored on media.
J. “Person” means an individual, partnership, corporation, limited liability company, association, joint stock company, trust, joint
venture, unincorporated organization, and a governmental entity or any department, agency or political subdivision thereof.
K. “Reasonable Efforts” means, with respect to a given obligation, the efforts that a reasonable person in the promisor’s position
would use to comply with that obligation as promptly as possible.
L. “Service Product” means a service, group of services, or combination of goods and services that the Company publishes and
sells to customers for a stated per -product rate or charge.
4. Operating Provisions. The Parties agree to the following Operating Terms and Conditions.
A. Services Provided. The Company will provide to the Customer the services described in the Schedule of Services (“Services”),
on the equipment, users and resources, at the locations stated in Schedule of Services (also referred to the “Customer’s location”), for the
period of time stated on Proposal (this group of services, bounded by these constraints, is the “Managed Services Package”). The Company
shall not provide any Service Products other than as stated in the Managed Services Package. The Company will quote and invoice the
Customer for approved Service Products at the hourly rate specified herein or at such a fixed price of the Company’s choosing, whichever
the Company deems appropriate for a particular Service Product.
B. Procurement. If the Customer procures an item independently, the Company will not provide or service any warranties unless
the Company is separately engaged and compensated for such services.
C. Alteration of Services (Addendum). Any service obligation, description, or condition listed in any Schedule may be altered
at any time by mutual agreement of the Customer and the Company, provided that [1] authorized representatives of the Customer gives
timely written notice to the Company and the Company acknowledges such receipt; and [2] copies of the notice and acknowledgment are
filed alongside of, all copies of the existing Agreement held by each Party. Once these two provisions have occurred, then the Company
shall send the Customer a new Addendum which shall replace the previous Addendum as the binding description of the Managed Services
Package between the Parties under this Agreement; this replacement shall take effect on the date of the acknowledgment by the Company.
The amount invoiced to the Customer by the Company as payment for the Managed Services Package shall increase or decrease in
accordance with the amount stated in a Revised Proposal; this amount shall be effective on the same day that the new Addendum becomes
effective. No Addendum may alter the Term (as defined herein) of the Agreement, and no Addendum may renew the Agreement.
D. Service Level Commitment. The Company’s Service Level Commitment is defined in the Schedule of Services and is
incorporated herein for all purposes by reference (“Service Level Commitment” or “SLC”). The Company agrees to apply reasonable
efforts to fulfill Customer requests under the rules defined in the Service Level Commitment. The Company shall have no obligation to
compensate the Customer for violations of the Service Level Commitment. The Company may amend the Service Level Commitment
periodically provided that [1] the Customer is informed in advance of any changes, and [2] the amendment does not materially alter the
provision of the Managed Services Package.
E. Equipment. The Customer agrees to adhere to the Company’s reasonable quality standards for Customer Equipment. The
Customer’s servers within a Data Center may be virtual servers that run on physical servers which may host virtual servers for other
Company customers. The Company has the right to relocate Equipment from the location described in the Proposal or reconfigure the
Equipment with prior written notice to the Customer. The Company will not arbitrarily or discriminatorily make such changes and will
work in good faith to minimize disruption to the Services. The Customer shall provide a clean, environmentally controlled operating
environment that does not exceed the manufacturer's specifications for the equipment. The Customer shall notify the Company promptly
when the listed equipment requires support service. If the Customer changes the configuration of any assets listed in Schedule of Services,
the Company may adjust the charge under this Agreement, or at the Company’s option, exclude that asset from the scope of this Agreement
and prorate the charges accordingly.
F. Inventory. The Customer shall designate and maintain a location accessible to Company representatives in which all paper
licenses, paper license codes or keys, paper warranties, install media, dongles, and other objects or physical documents necessary for
provisioning of the Managed Services Package shall be consolidated, stored, and organized. The Company is not required to create or
maintain any inventory information beyond that which can be generated by the inventory software that the Company has placed on suitable
Customer systems. The Customer may provide the Company with specific inventory information, but the Company is not required to keep
information obtained in this way current.
4.2. Use of Services
4.2.1 Acceptable Use
The Customer acknowledges that the Company exercises no control whatsoever over the content of information passing through
the Customer Equipment or Company Equipment utilized in connection with the Services, and that it is the Customer's sole responsibility
to ensure that the information it transmits and receives complies with all applicable laws and regulations.
4.2.2 Unauthorized Access or Use
The Company shall have no liability to the Customer for any unauthorized access or use, corruption, deletion, destruction, or loss of any
data or applications. The Company is not responsible for any defects or damages to equipment, any data center, or services res ulting from [1] the
Customer's, the Customer's agents', or the Customer's employees' mishandling, abuse, misuse, or accident, [2] f orce majeure, or [3] the Customer's
use or provisioning of Customer Equipment electrically or mechanically incompatible with services or of inferior quality. Und er no circumstances
shall the Company be responsible for any third -party equipment or third-party software or damages that arise as a result of defects or issues related to
the third-party equipment or software.
4.2.3 Restrictions on Use
The Customer shall not, and shall not permit others including its employees and agents to, reproduce, reverse engineer, de-compile,
disassemble, alter, translate, modify, adapt, market, resell, or sublease any Products (as defined herein) or Services, unle ss expressly permitted by
this Agreement.
Other than as specified in this Agreement, no license, title, or right is granted or transferred to the Customer in or to any service marks,
trademarks, copyrights, patents, trade secrets, or any other intellectual property rights of the Company ("Proprietary Information"), and the Customer
shall not have any right to use any Proprietary Information, or any Company software or hardware. The Company reserves the ri ght to take any
action necessary to prevent harm to the Services, Data Center, Company space, personnel, or the Company's property (and that of its affiliates,
vendors and customers) or other persons.
4.3 Cooperation
4.3.1 Access
The Customer shall facilitate the Company's performance of Services and shall provide the Company with reasonable access to
information, including system and platform designs, network architecture, IP addresses, hardware and software specifications ("Customer
Information"), necessary to provide the Services described in this Agreement. The Customer agrees that a degradation in the performance
of the Services may result if the Customer fails to provide the Customer Information. The Customer agrees to allow Company employees
and subcontractors access to its facilities in order to perform Services under this Agreement. The Customer agrees to allow the Company
access to assets listed in Schedule of Services. The Customer agrees to furnish the Company with Administrator -level password access
for all assets listed in Schedule of Services, where necessary. The Customer agrees to ensure the establishment of and the maintenance
of access credentials and physical access tokens for all Company employees and subcontractors that materially support the Customer.
4.3.2 Maintenance Windows
The Company has the right to designate, and reschedule as needed, a particular recurring time period during which Customer de vices and
services may be temporarily unavailable for maintenance purposes (this period, the "Maintenance Window"). The Company als o has the right to
initiate an unscheduled Maintenance Window if the Company determines that [1] a severe risk of damage or disruption exists to any equipment or
service covered under the Managed Services Package and [2] this risk can be removed or mitigated by initiating a Maintenance Window. The
Company shall make reasonable efforts to consult with the Customer regarding optimal scheduling for Maintenance Windows and t o notify the
Customer as soon as the period for any Maintenance Window is known. Actions by the Customer to prevent or disrupt work done as part of a
Maintenance Window may result in the omission of some elements of the Managed Services Package for which the Company shall no t be liable.
4.3.3 Installed Software
The Customer agrees to allow the Company to load any necessary management or support software onto such assets as necessary t o
facilitate performance by the Company in accordance with this Agreement, and the Company will assist the Customer in ensuring that any software
that the Company loads is in compliance with the Customer's policies and license agreements.
4.4 Exclusions
4.4.1 Exclusions
The Managed Services Package does not include the repair or replacement of any hardware or software product, electrical work,
or repair of damage resulting from operator error, accident, vandalism, electrical or environmental problems, excessive heat or humidity,
or maintenance provided by anyone other than authorized Company representatives. The Customer is responsible for maintaining valid
warranty agreements and support agreements with vendors purchased independent of Company. Company will maintain and exercise
warranty agreements and support agreements for all equipment and services purchased through Company. The Customer is responsible
for working with facilities management staff or other infrastructure personnel. Any service calls placed for a problem described above will
be billed at the non-contract work rate listed in Schedule of Services.
The Managed Services Package does not cover support due to configuration changes made by the Customer or anyone other than
authorized Company representatives. Any service calls placed for a problem caused by such configuration changes will be billed at the non-contract
work rate listed in Schedule of Services. The Managed Services Package does not cover support for custom application software , custom databases,
or any software for which the Customer is unable or unwilling to provide proof of purchase, an established license agreement, access to any relevant
volume licensing centers, and access to vendor support through a valid vendor support agreement.
The Managed Services Package does not cover restoration or assessment of data or software impaired or lost because of data corruption,
hardware failure, defects in software, or force majeure incident. It is the responsibility of the Customer to ensure that all necessary materials for data
reconstruction are available, including manufacturer recovery media for software and other software to be reloaded.
The Company is not responsible for, and the Managed Services Package does not cover work related to, service disruptions or d ata loss
caused by action or inaction of any third party, including the failure of any third party to provide a timely resolution of any problem with a device or
service owned or managed by that third party.
4.4.2 Risk of Loss
Title and risk of loss will be passed to the Customer on the date of delivery to the Customer, for Customer-installed products, or
upon completion of installation for products installed by the Company.
4.4.3 Damage to Customer Equipment
The Company is not liable for any damage to, or loss relating to, the Customer's business resulting from any cause whatsoever. Certain
equipment may be directly accessible by other customers. The Company assumes no liability for any damage to, or loss of, any Customer equipment
or to other damages caused by or related to the Customer's use of the services result ing from any cause other than the Company's gross negligence or
willful misconduct. To the extent the Company is liable for any damage to, or loss of, Customer equipment for any reason, suc h liability will be
limited solely to the then-current book value of the customer's equipment so damaged. The limitations of liability provided in this Agreement shall
extend to the benefit of Company-indemnified parties.
Each Party is responsible for insuring the equipment and property it owns with coverage con sistent with industry standards. Neither Party
has any obligation to insure the equipment or property of the other.
4.4.4 Customer’s Failure to Comply
The Company shall be excused from compliance with the Service Level Commitment and its other obligations associated with
the Services under this Agreement to the extent that the Customer’s failure to comply with the Customer’s obligations in this Agreement
result in a degradation of the Services.
4.5 Warranties
4.5.1 Customer Warranties
The Customer represents and warrants that [1] the Customer has the legal right and authority to place and use the Customer Eq uipment, [2]
the Customer is duly organized and has the authority to enter into this Agreement and to perform its obligations hereu nder,
[3] the person signing the Proposal and any other documents on behalf of the Customer is authorized to do so and to legally bind the
Customer, and upon the Customer signing a Proposal, this Agreement is legally binding on the Customer, [4] the Customer's and the
Customer's end users' utilization of the Services and of the Customer Equipment does not, as of the Implementation Date, and will not,
during the Term, violate applicable laws or regulations or infringe the rights of any third-parties, and [5] all information provided to the
Company is accurate and complete.
4.5.2 Company Warranties
The Company represents and warrants that [1] the Company has the legal right and authority to provide the Services, [2] the C ompany is
duly organized and has the authority to enter into this Agreement and to perform its obligations hereunder, [3] the person signing the Pr oposal and
other documents that comprise this Agreement on behalf of the Company is authorized to do so, and [4] the Services suppl ied to the Customer under
this Agreement do not, as of the Implementation Date, and will not, during the Term, violate applicable laws or regulations. The Company's service
commitment and remedy for interruption of service are detailed at, and the Customer has read, understood, and agrees to, the Service Level
Commitment described in this Agreement.
4.5.3 No Other Warranties
The Customer acknowledges that there are risks inherent in Internet connectivity, and use of the Managed Services Package, th at could
result in the loss of Customer privacy, confidential information, data and property. The Company does not and cannot control the f low of information
to or from the Company's network and other portions of the Internet. The Company has no obligation to provide se curity or protection for the
Customer's privacy, confidential information, or data other than as specifically stated in this Agreement.
Except for the express warranties set out in this Agreement, the Managed Services Package is provided on an "as is," "w here is" and "with
all faults" basis, and the Customer's use of the Managed Services Package is at its own risk. The Company does not make, and hereby disclaims, any
and all other express or implied warranties, including warranties of merchantability, fitn ess for a particular purpose, non-infringement and title, and
any warranties arising from a course of dealing, usage, or trade practice. The Company does not warrant that the operation of any assets listed in this
Agreement shall be uninterrupted. The Company does not warrant that the Managed Services Package will function as described, will be
uninterrupted, error-free, or completely secure. The Customer is solely responsible for the suitability of the Managed Services Package chosen.
Neither Party shall make any representations or warranties on the other Party's behalf. The Company makes no warranty concerning compatibility of
software or equipment or any results to be achieved therefrom.
4.6 Licenses and Intellectual Property
4.6.1 Confidential Information
The Parties agree to hold in confidence, in accordance with this Agreement, all materials and information of each Party (including
all Service Products and Intellectual Property Rights), or of third parties obtained through either Party, that are received during the
Company's engagement with the Customer and are either marked as confidential or are of a type, or are disclosed under circumstances, such
that a reasonable person would expect them to be held in confidence (collectively, the "Confidential Information"). Except as required
in the course of the Company's performance of services for the Customer, the Parties will not, without the other Party's prior written consent,
reproduce, disclose, or use such Confidential Information at any time, either during or subsequent to the Company's engagement by the
Customer. Except as otherwise stated, the Parties' obligations under this paragraph shall continue beyond the termination of this Agreement.
4.6.2 End User Agreement
As part of the Services, the Customer may be allowed to use certain software and related documentation (this software and doc umentation,
the "Products") developed and owned by the Company's third -party software licensors.
The Products are neither sold nor distributed to the Customer and the Customer may use them solely as part of the Services and for no
other purpose. The Customer may not transfer the Products outside the Services or to any other person or entity. The Company's third-party software
licensors are not responsible for providing any support in connection with the Services or the Products. The Customer's use o f the Products is
governed by the third party software licensor's terms, copies of which are available at the Customer's request . The Customer covenants to comply
with the terms of such licenses, including all End User Agreements pertaining to the Products, during the Term as if it were the licensee. The
Customer may not remove, modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Products.
The Customer disclaims, to the extent permitted by applicable law, all warranties and any liability by the Company's third -party software
licensors for any damages, whether direct, indirect, or consequential, arising from the Services or the Products. The Customer authorizes Company
representatives to act as representatives of the Customer in agreeing to or otherwise accepting any End User Agreements that the representative is
required to accept in order to perform any service for the Customer.
4.7. Payment
4.7.1 Renewal
Unless canceled in writing by either Party, or revised/extended in writing by mutual consent, at least thirty (30) days prior to the
end of the Term, this Agreement will automatically renew for one (1) term of exactly thirty (30) days at the then current rate charged by
the Company. After this thirty (30) term expires, the Agreement will expire.
4.7.2 Removal of Equipment
Subject to this Agreement, immediately up on expiration of the Term or promptly upon earlier termination of this Agreement for
any reason, the Company shall remove any Customer Equipment from the Data Center, or other Company facilities and premises, and
transfer it into the custody of a Customer representative. Upon termination of this Agreement, the Company shall have the option to store
the Customer Equipment and charge the Customer storage costs or to dispose of the Customer Equipment as set forth in this Agreement.
Upon termination of this Agreement, the Customer will return to the Company any Equipment owned by the Company that is loaned to
or borrowed by the Customer pursuant to this Agreement. The Company shall not be obligated to restore the premises to their original
condition if the Customer does not return the products or make them available for removal by the Company. In addition to any and all other
remedies at law or equity available to the Company, all obligations of the Customer under this Agreement shall remain in full force and
effect until the Equipment is returned to the Company. The Customer is liable for and agrees to pay for and/or replace any damaged
equipment.
4.7.3 Charges
All fees and charges for the Services are exclusive of any sales or use taxes and other federal, state, municipal, or other
governmental taxes or levies applicable to the sale or use of Services hereunder ("Taxes") now in force or enacted in the future, all of which
the Customer will be responsible for and will pay in full. The Customer will be fully responsible for any charges, costs, expenses (other
than those included in the Services), and third -party claims that may result from its use of, or access to, the Services, Data Center, and
Equipment. Unless otherwise set forth in the applicable Proposal, billing and payment terms for Services shall be as set forth in this
Agreement. The Company reserves the right to increase charges for third -party services at any time, if the cost of third -party servi ces to
the Company is increased.
4.7.4 Billing and Payment Terms
Payment is to be made according to the terms stated in the Agreement. The Customer shall pay all fees within 30 calendar days after the
date of each invoice. Any payment that is not paid in accordance with this Agreement will accrue interest at the rate of 1.5% per month. In addition
to all of its other rights at law or in equity, if the Customer is late in any payments hereunder, the Company may, upon writ ten notice to the
Customer, require a Security Deposit or other assurances from the Customer that the Company deems necessary to secure the Customer's future
payment obligations. The Customer shall pay the Company's costs of collection of payments due under this Agreement, including collection, agency
fees, reasonable attorneys' fees and court costs.
The initial payment, upon execution of this agreement, shall be equivalent to two months of the agreed upon monthly service fee and shall
be credited to the Customer account, to be applied as payment for the last month of services provided.
4.7.5. Disputed Invoices.
All invoice dispute claims must be delivered in writing to the Company within thirty (30) calendar days after the invoice date. The
Customer waives the right to dispute any invoices not disputed within the time frame set forth herein. All amounts payable b y the Customer under
this Agreement shall be made without setoff or counterclaim and without deduction.
4.7.6. Credit Approval and Security Deposit
The Customer shall provide the Company with credit information as requested, and delivery of Services is subject to credit
approval by the Company. If the Customer is required to pay the Company a security deposit, the Company may, without further notice
to the Customer and without prejudice to the Company's other remedies, apply part or all of the security deposit toward the cure of any
Customer default. In such event, the Customer shall, within five (5) business days after written demand, pay the Company an amount equal
to the amount so applied to restore the security deposit to its original amount. The Company may deposit the security deposit in an account
with its own funds. The Customer shall not be entitled to receive interest on the security deposit. Any part of the security deposit not used
by the Company shall be returned to the Custome r within sixty (60) calendar days after this Agreement terminates, after the Company
applies the security deposit to any outstanding amounts due and payable to the Company.
4.8. Damages
4.8.1 Disclaimer of Consequential Damages
Neither Party shall be liable to the other Party for any incidental, consequential, exemplary, punitive, indirect, or special damages or costs
(including lost profits, lost revenues, lost data, loss of security, loss of privacy, costs of recreating lost data, cost of procuring or transitioning to
substitute services, or loss of use) resulting from any claim or cause of action based on breach of warranty, breach of contr act, negligence (including
strict liability), or any other legal theory, even if either or both of them knew, or should have known, of the possibility thereof.
4.8.2 Cap on Direct Damages
Neither Party shall be liable to the other Party or to any other person or entity for an amount of damages in excess of the f ees paid by the
Customer to the Company for the affected services that gives rise to the claim in the six (6) full calendar months immediately preceding the month in
which the event giving rise to the claim occurred. At the Company's discretion, the Company may offset any amounts that the C ompany owes to the
Customer against any amounts owed by the Customer to the Company.
4.8.3 Service Suspension
The Company shall have no liability whatsoever for any damages that the Customer may incur as a result of any Service suspens ion
permitted in this Agreement or the Service Level Commitment.
4.8.4. Statute of Limitations
No claim may be asserted by either Party against the other Party with respect to any event, act, or omission for which a claim accrued more
than two (2) years prior to such claim being asserted.
4.8.5. Liquidated Damages
The Customer acknowledges that the amount of the monthly recurring fee for Services is based on the Customer's agreement to
pay the monthly recurring fees for the entire Term of each Proposal. The Customer acknowledges that the Company's damages from any
termination of a Proposal prior to the end of the Term are difficult to ascertain. For that reason, notwithstanding any termination of any
Proposal, the Company and the Customer acknowledge and agree that upon any early termination of a Proposal (including termination by
the Company associated with a Customer Default), the Customer shall pay one hundred (100%) percent of the remaining monthly recurring
charges for the first twelve (12) months of the then -current Term of this Agreement, along with all charges due and payable under any
applicable Proposals that would otherwise have been payable for the remainder of the then -current Term. The Customer also agrees to
pay one hundred (100%) percent of any third -party termination or cancellation charges that the Company incurs as a result of the Customer's
early ter mination of any Proposal. Provided that if more than twelve (12) months but less than twenty-four (24) months remain on the then-
current Term, when any termination occurs the Customer shall pay fifty (50%) percent of the remaining monthly recurring charges for
months twelve (12) through twenty-three (23) of the then-current Term of this Agreement, along with all charges due and payable under
any applicable Proposals that would otherwise have been payable for the remainder of the then -current Term. The Customer also agrees
to pay one hundred (100%) percent of any third -party termination or cancellation charges that the Company incurs as a result of the
Customer's early termination of any Proposal.
Provided further that if more than twenty -three (23) months remain on the then -current Term, when any termination occurs the
Customer shall pay twenty -five (25%) percent of the remaining monthly recurring charges for months twenty-four (24) through the end
of the then -current Term of this Agreement, along with all charges due and payable under any applicable Proposals that would otherwise
have been payable for the remainder of the then-current Term. The Customer also agrees to pay one hundred (100%) percent of any third -
party termination or cancellation charges that the Company incurs as a result of the Customer's early termination of any Proposal.
The Parties acknowledge and agree that this provision establishes liquidated damages and is not intended as a penalty. Other than as set
forth herein, this liquidated damages provision does not waive or alter any remedies available to the Company under thi s Agreement for the
Customer's Default or early termination of this Agreement or any Proposal.
4.9. Term and Termination
4.9.1 Term
This Agreement is effective as of the Effective Date and will be effective for the length of time specified in the Cover Page unless it
terminates in accordance with the conditions stated below in Section 4.9.2, Termination.
4.9.2 Termination
This Agreement may be terminated by either Party at any time, provided that the Party wishing to terminate the Agreement
provides written notice to the other Party in accordance with Section 5.13, Notices, at least thirty (30) days in advance of the date on which the Party
wishes to terminate the agreement (this date, the "Termination Date"). If the Customer terminates the Agreement, the Customer agrees to pay in full,
within thirty (30) days after the Termination Date, the service termination fees as set forth above in 4.8.5:
(1) a Company Default has occurred; or (2) the Customer has, as of the Termination Date, relocated its primary business facil ities to a location
greater than fifty (50) miles away from the Company’s location in Arlington, Texas.
4.9.3. Default and Remedies
“Customer Default” means [1] the Customer fails to pay, when due, any fees or charges owed to Company under this Agreement, p rovided
that the first such nonpayment or late payment in any calendar year shall not be a Customer Default unless Customer fails to pay such amount within
3 business days after written notice from the Company of such nonpayment or late payment; [2] the Customer fails to promptly pay (or repay) any or
all of a security deposit and does not cure such failure within five (5) business days after written notice thereof; [3] the material breach of any
representation or warranty made by the Customer in this Agreement, except to the extent such breach is susceptible to cure, i n which case there shall
be no Customer Default unless such breach is not cured by the Customer within five (5) calendar days after receiving written notice from the
Company of such breach;
[4] the Customer fails to comply with any material obligations under this Agreement (other than payment or security
deposit obligations) after receiving fifteen (15) calendar days advance written notice from the Company of such failure; [5] the Customer's
insolvency or liquidation as a result of which the Customer ceases to do business or if the Company has a reasonably held belief that the
Customer may be unable to pay its debts as they become due; [6] the Customer's filing for bankruptcy, reorganization, or failure to
discharge an involuntary bankruptcy petition within sixty (60) calendar days; or [7] there occurs an event (including an attack on or
unauthorized access to Customer Equipment or data by a third-party) for which the Company reasonably believes that the suspension of
Services is necessary to protect the Company or the Company's other customers, in which case the Company will provide advance notice
of twelve (12) hours unless the Company determines in its reasonable judgment that shorter or contemporaneous notice is necessary to
protect the Company or its other customers from immi nent and significant operational or security risk. For purposes of this Agreement,
any violation by the Customer of Section 4.2.1, Acceptable Use, shall be considered a failure to comply with a material obligation.
“Company Default” means [1] the Company fails to perform a material obligation under this Agreement after receiving fifteen
(15) calendar days advance written notice from the Customer of such failure, [2] the Company's insolvency or liquidation as a result of
which the Company ceases to do business, or [3] the material breach of any representation or warranty made by the Company in this
Agreement, except to the extent such breach is susceptible to cure, in which case there shall be no Company Default unless such breach
is not cured by the Company within fifteen (15) calendar days after receiving written notice from the Customer of such breach. A violation
of the Service Level Commitment is not a breach of a representation or warranty or any Default hereunder.
If a Party commits a Default, the non-defaulting Party will be entitled to exercise any one or more of the following remedies, as applicable,
then or at any time thereafter: [1] to exercise any remedy for such Default set forth elsewhere in this Agreement; or [2] to immediately terminate this
Agreement or any Proposals.
In the event of a Customer Default, in addition to and without waiving any other remedies for Default available to the Compan y hereunder,
the Company may, without liability and without notice beyond the initial notice required for the Customer Default [1] suspend or discontinue
Services or the Company's performance under this Agreement, [2] collect liquidated damages as set forth in this Agreement,
[3] treat as abandoned, dispose of, or retain and use, free of any rights or claims thereto from the Customer or anyone claiming by, through,
or under the Customer, any or all of the Customer Equipment after the Customer has been notified of the Customer Default and failed to
promptly cure the Cust omer Default, and then only after twenty (20) calendar days prior written notice to the Customer, and [4] restrict
the Customer's physical and electronic access to the Data Center and Equipment except for the limited purpose of removal of the Customer
Equipment after payment in full of any and all amounts owed to the Company. In the event of suspension or discontinuance of Services
due to a Customer Default, the Customer shall continue to be liable for all fees and charges for any Services that are still in use by the
Customer and, in addition to all other fees due and payable, agrees to pay the Company's then -current reinstallation fee. Notwithstanding
the foregoing, all of the Customer's rights with respect to the Services shall be terminated during any period of suspension following a
Customer Default.
Each remedy of the non-defaulting Party as provided for in this Agreement, or now or hereafter existing at law or in equity, or
by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other remedy [1] provided for in this
Agreement, and [2] except as otherwise limited in this Agreement, now or hereafter existing at law or in equity, or by statute or otherwise,
and the exercise or beginning of the exercise by the non-defaulting Party of any one or more of such remedies shall not preclude the
simultaneous or later exercise by the non-defaulting Party of any or all such other remedies.
5. Standard Provisions
5.1 Insurance Coverage
The Company agrees to obtain and maintain, at its expense, all relevant insurance required by state and federal law. The minimum
types and amounts of insurance coverage to be maintained for the duration of this Agreement will be made available to the Customer upon
written request, but not more than twice per calendar year.
The Customer shall obtain and maintain, at its expense, all relevant insurance required by state and federal law. The minimum
types and amounts of insurance coverage to be maintained for the duration of this Agreement will be made available to the Company upon
written request, but not more than twice per calendar year.
5.2 Severability
The Parties intend as follows: [1] that if any provision of this Agreement is held to be unenforceable, then that provision will be modified
to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be
disregarded; [2] that if an unenforceable provision is modified or disregarded, the rest of this Agreement is to remain in effect as written; and [3] that
any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
5.3 Indemnification
[1] For purposes of this Agreement, the following definitions apply:
“Representative” means, with respect to an entity, any of that entity's directors, officers, employees, agents, consultants, advisors,
and other representatives.
“Company Indemnitee” means Company, any Affiliate of Company, each Representative of any of the foregoing, and each of the
heirs, executors, successors, and assignees of any of the foregoing.
“Litigation Expense” means any out-of-pocket expense incurred in defending a Proceeding or in any
related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys' and other professionals' fees
and disbursements.
“Loss” means any amount awarded in, or paid in settlement of, any Proceeding, including any interest but excluding any
Litigation Expenses.
“Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or
proceeding.
[2] With respect to any Proceeding brought by someone other than the Customer, or someone other than one or more
Company Indemnitees, against one or more Company Indemnitees, arising out of this Agreement (each, a "Nonparty Claim"), unless
otherwise stated in this Agreement, the Customer shall indemnify those Company Indemnitees against all Indemnifiable Losses arising out
of that Proceeding, except to the extent that Company was grossly negligent or intentionally caused those Indemnifiable Losses.
[3] To be entitled to indemnification under paragraph “[2]” above, a Company Indemnitee subject to any Nonparty Claim
must promptly (and in any event no later than ten days after the Company Indemnitee first knew of that Nonparty Claim) notify the
Customer of that Nonparty Claim and deliver to the Customer a copy of all legal pleadings with respect to the Nonparty Claim. If the
Company Indemnitee fails to timely notify the Customer of a Nonparty Claim, the Customer will be relieved of its indemnification
obligations with respect to that Nonparty Claim to the extent that the Customer was prejudiced by that failure and the Customer will not
be required to reimburse the Company Indemnitee for any Litigation Expenses the Company Indemnitee incurred during the period in which
the Company Indemnitee failed to notify the Customer.
[4] To assume the defense of a Nonparty Claim, the Customer must notify the Company Indemnitee that it is doing so.
Promptly thereafter, the Customer shall retain to represent it in the Nonparty Claim independent legal counsel that is reasonably acceptable
to the Company Indemnitee.
[5] A Company Indemnitee is entitled to participate in the defense of a Nonparty Claim. A Company Indemnitee may defend
a Nonparty Claim with counsel of its own choosing and without the Customer participating if ( A ) the Customer notifies the Company
Indemnitee that it does not wish to defend the Nonparty Claim, ( B ) by midnight at the end of the tenth day after the Company Indemnitee
notifies the Customer of the Nonparty Claim the Customer fails to notify the Company Indemnitee that it wishes to defend the Nonparty
Claim, or ( C ) representation of the Customer and the Company Indemnitee by the same counsel would, in the opinion of that counsel,
constitute a conflict of interest.
[6] The Customer shall pay any Litigation Expenses that a Company Indemnitee incurs in connection with defense of the
Nonparty Claim before the Customer assumes the defense of that Nonparty Claim, except with respect to any period during which the
Company Indemnitee fails to timely notify the Customer of that Nonparty Claim. The Customer will not be liable for any Litigation
Expenses that a Company Indemnitee incurs in connection with defense of a Nonparty Claim after the Customer assumes the defense of
that Nonparty Claim, other than Litigation Expenses that the Company Indemnitee incurs in employing counsel in accordance with
paragraph (5), which Litigation Expenses the Customer shall pay promptly as they are incurred.
[7] After the Customer assumes the defense of a Non party Claim, the Customer may contest, pay, or settle the Nonparty
Claim without the consent of the Company Indemnitee only if that settlement ( A ) does not entail any admission on the part of the Company
Indemnitee that it violated any law or infringed the rights of any Person, ( B ) has no effect on any other claim against the Company
Indemnitee, ( C ) provides as the claimant's sole relief monetary damages that are paid in full by the Customer, and ( D ) requires that the
claimant release the Company Indemnitee from all liability alleged in the Nonparty Claim.
5.4 Force Majeure
[1] For purposes of this Agreement, "Force Majeure Event" means, with respect to a Party, any event or circumstance,
whether or not foreseeable, that was not caused by that Party (other than a strike or other labor unrest that affects only that party, an increase
in prices or other change in general economic conditions, a Change of Law, or an event or circumstance that results in that Party's not having
sufficient funds to comply with an obligation to pay money) and any consequences of that event or circumstance.
[2] If a Force Majeure Event prevents a Party from complying with one or more obligations under this Agreement, that
inability to comply will not constitute breach if ( A ) that Party uses reasonable efforts to perform those obligations,
( B ) that party's inability to perform those obligations is not due to its failure to ( B1 ) take reasonable measures to pro tect itself
against events or circumstances of the same type as that Force Majeure Event or ( B2 ) develop and maintain a reasonable contingency plan to
respond to events or circumstances of the same type as that Force Majeure Event, and ( B3 ) that Party complies with its obli gations under paragraph
5.4(3) following.
[3] If a Force Majeure Event occurs, the noncomplying Party shall promptly notify the other Party of the occurrence of that
Force Majeure Event, its effect on performance, and how long the noncomplying Party expects it to last. Thereafter the noncomplying Party
shall update that information as reasonably necessary. During a Force Majeure Event, the noncomplying Party shall use reasonable efforts
to limit damages to the other Party and to resume its performance under this Agreement.
5.5 Irreparable Harm
The Customer acknowledges that breach by the Customer of any of its collective or respective obligations will likely cause th e Company to
suffer irreparable harm, namely harm for which damages would be an inadequate remedy. The Customer acknowledges that requiring, as a condition
to obtaining an injunction, a restraining order, or any other equitable remedy with respect to such a breach, the Company to demonstrate that the
Company would suffer irreparable harm will likely cause delay that results in the Company's suffering irreparable harm before any equitable remedy
is granted. Therefore, if the Customer breaches any of its respective or collective obligations, then, for purposes of determ ining whether a court
should grant an equitable remedy in respect of a particular breach, any court should assume that each particular breach would cause the Company
irreparable harm.
5.6 Limitation of Liability
In no event shall the Company or its employees, affiliates, contractors, or agents be liable for any indirect, incidental, special,
punitive, or consequential damages or for any lost or imputed profits, revenue, data, or use, regardless of the legal theory under which such
liability is assert ed, including, without limitation, legal theories of contract, tort, or strict liability, even if the Company has been advised
of the possibility of such damages. In addition, in no event shall the Company's liability for any damages exceed the actual dollar amount
paid by the Customer to the Company, pursuant to any Proposals to which this Agreement is attached, during the six month period prior
to the date the damages occurred or the cause of action arose.
5.7 Recovery of Expenses
In any adversarial proceedings between the Parties arising out of this Agreement, the prevailing Party will be entitled to recover from the
other Party, in addition to any other relief awarded, all expenses that the prevailing Party incurs in those proceedings, inc luding legal fees and
expenses.
5.8 Entire Agreement
This Agreement constitutes the entire understanding between the Parties as to the subject matter of this Agreement and supers edes all other
agreements, whether written or oral, between the Parties.
5.9 Construction and Forum Selection
The laws of the state of Texas, without giving effect to its principles of conflicts of law, govern all adversarial proceedin gs arising out of
this Agreement. If either Party brings against the other Party any proceeding arising out of this Agreement, that Party may bring that proceeding only
in the United States District Court for the Northern District of Texas Fort Worth or, only if there is no federal subject mat ter jurisdiction, in any state
court of Texas, and each Party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
Each Party hereby waives any claim that any proceeding brought in accordance with this Agreement has been brought in an
inconvenient forum or that the venue of that proceeding is improper. Each Party waives its right to a jury trial for any action arising out
of this Agreement, including contract claims, tort claims, and all other claims.
5.10 Successors and Assigns
Except as otherwise stated, this Agreement will be binding upon and inures to the benefit of, the Parties and their respective successors
and assigns.
5.11 Waiver
No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed
by the Party granting the waiver.
5.12 Amendments
No amendment to this Agreement will be effective unless it is in writing and signed by both Parties.
5.13 Notices
[1] For a notice or other communication under this Agreement to be valid, it must be in writing and delivered by email. A
valid notice or other communication under this Agreement will be effective when received by the Party to which it is addressed. It will be
deemed to have been received as follows:
( A ) if it is delivered by email, when the Party to which the email is addressed acknowledges having received that email,
with an automatic “read receipt” not constituting acknowledgment of an email; and if ( B ) the Party to which it is addressed rejects or
otherwise refuses to accept it, or if ( C ) it cannot be delivered because of a change in address for which no notice was given, then upon
that rejection, refusal, or inability to deliver.
[2] If a notice or other communication addressed to a Party is received after 5:30 p.m. on a business day at the location
specified in the address for that Party, or on a day that is not a business day, then the notice will be deemed received at 8:30 a.m. on the
next business day.
[3] For a notice or other communication to a Party under this Agreement to be valid, it must be addressed using the
information specified below for that Party or any other information specified by that Party in a valid notice.
To the C ustomer : To the C ompany:
City of Kennedale netGenius, Inc.
Attn: Attn: Ben Singleton
Email: E mail: ben@netgeniusin c .com
6. AGREEMENT
Accepted and Approved for the Customer: Accepted for:
City of Kennedale N ETG ENIUS , I NC.
504 W. Main Street
Suite C
Arlington, Texas 76010
_________________________________________ ____________________________________________
Signature Signature
Name (print) ______________________________ Name (print) _________________________________
Title __________________________________ Title _____________________________________
Date __________________________________ Date _____________________________________
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.F.4.
SUBJECT
Consider adoption of Ordinance 687, amending the Kennedale Municipal Code, by amending Exhibit A “Schedule
of Fees” of Section 2-3, “Fees for licenses, inspections, permits, etc.” to adjust fees associated with multifamily
building permits, engineering plat and plan review, and construction inspection
ORIGINATED BY
Melissa Dailey, Director of Planning & Economic Development
SUMMARY
The City currently charges a $1,000 engineering review fee for preliminary plat review and a $2,500 engineering
review fee for final plats. These fees help to offset the City’s cost for these reviews.
Staff anticipates much higher engineering review costs for some larger scale developments that are currently
planned. The ability to pass on the costs of a third-party engineering review will reduce costs borne by the City, as
the current fees charged will not cover those costs.
RECOMMENDATION
Approve
ATTACHMENTS
1.O687 Fee Schedule Amendment Community
Development Plats
O687 Fee Schedule Amendment Community
Development Plats.pdf
ORDINANCE NO. 687
AN ORDINANCE AMENDING THE KENNEDALE CITY CODE, BY AMENDING
EXHIBIT A “SCHEDULE OF FEES” OF SECTION 2-3, “FEES FOR
LICENSES, INSPECTIONS, PERMITS, ETC.” TO PROVIDE FOR FEES
RELATED MULTIFAMILY BUILDING PERMITS, ENGINEERING REVIEW,
AND CONSTRUCTION INSPECTION; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City has previously adopted regulations for the collection of fees in
connection with building permits, platting, planning, and inspection; and
WHEREAS, the City desires to add fees for multifamily building permits; and
WHEREAS, the City desires to also charge applicants with fees in an amount equal to
the actual cost incurred by the City related to third-party engineering review of plats, plans, and
applications, and third-party construction inspection; and
WHEREAS, the City Council, after due and careful consideration, considers it desirable
and in the best interest of the health, safety, morals and general welfare of the citizens to add
the fees described herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
The Schedule of Fees adopted in Section 2-3 “Fees for licenses, inspections, permits,
etc.” of the Kennedale City Code is hereby amended to add multifamily building permit fees,
engineering review fees, and construction inspection fees as shown on Exhibit “A” to this
Ordinance.
SECTION 2.
This ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct conflict
with the provisions of this ordinances. All fees in Exhibit A “Schedule of Fees” of Section 2-3
“Fees for licenses, inspections, permits, etc.” that are not revised in Exhibit “A” to this Ordinance
shall remain unchanged.
PAGE 1 OF 11
O687 CITY OF KENNEDALE, TX 2019
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage and publication
and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 17TH DAY OF DECEMBER, 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
PAGE 2 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019SERVICECOSTNOTESMunicipal Court and Permitting3.0%When payment of any fee, fine, court cost, or other charge related to Kennedale Permitting is made by credit card via phone, online or in-person, a fee equaling three (3) percent per fee, fine, or other charge paid by credit card will be added to the fee, fine, or other charge paid.Utility Billing2.8%When payment of any utility billing charge related to Kennedale Utility Billing is made by credit card via phone, mail, online or in‐person to City of Kennedale or Fathom Global, a fee equaling 2.8 percent per fee, fine or other charge paid by credit card will be added to the charge paid. Other Departments Not ListedNo ChargeWhen payment of any fee or other charge related to any other miscellaneous activity not listed department is made by credit card online, by phone (817‐985‐2120), or in‐person, no fee will be required.Returned Check/Declined Credit Transaction Fee (All Departments)$30.00Lien Assessment FeeActual CostPlus $100.00 administrative feeMowing, Cleaning, and/or Boarding Property (By Contractor)Actual CostPlus $100.00 administrative feeGeneral Reservations (Residents and Non-Residents)$25.00Per two (2) hour blockKennedale Youth Association (KYA) Annual Lease AgreementDeposit (applies to all Community Center rentals) $150.00May be returned, dependent upon satisfactory inspection by staff$40.00Per hour, during library's normal hours; Minimum of $100 charge per rental$50.00Per hour, during library's closed hours; Minimum of $100 charge per rental$30.00Per hour, during library's normal hours; Minimum of $100 charge per rental$40.00Per hour, during library's closed hours; Minimum of $100 charge per rentalDeposit (applies to all pavilion rentals)$50.00May be returned, dependent upon satisfactory inspection by staffNon-Residents$120.00For 2 Hours, $180 For 4 Hours, $230 For 6 Hours, $280 For 8 HoursResidents$60.00For 2 Hours, $90 For 4 Hours, $115 For 6 Hours, $140 For 8 HoursDeposit (Members)$75.00May be returned, dependent upon satisfactory inspection by staffMembers$75.00Per dayDeposit (Non-Members)$150.00May be returned, dependent upon satisfactory inspection by staffNon-Members$125.00Per daySERVICECOSTNOTESOverdue BookNo ChargePhotocopies From Copier (Only Black and White Available)$0.10Per pageSenior Center Banquet Room (420 Corry A. Edwards Dr. )LIBRARY Community Center (316 W Third St.; in the Kennedale Public Library Building)Non-ResidentsResidentsPavilions (TownCenter Park at 405 Municipal Drive; Sonora Park at 263 S. New Hope Rd.)ADMINISTRATIVECHECK AND CREDIT CARD TRANSACTIONSCredit Card PaymentsCODE ENFORCEMENTFACILITY RENTALS/RESERVATIONSBallfields (Village Street off of Averett Rd.; Subfacility of Sonora Park)Page 1 of 9PAGE 3 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Printouts From Computer$0.25Per pageMaterials Lost or Damaged Beyond Repair$5.00Processing fee + listed retail priceRepair of Inventory MaterialActual CostReplace Lost or Damaged Audiobook Binder$5.00Replace Lost or Damaged CD Case$1.00Replace Lost or Damaged DVD Case$2.00Interlibrary LoanNo ChargeInitial (New Account) Library Card for ResidentsNo ChargeFor residents of the Cities of Kennedale, Arlington, and MansfieldAnnual Library Card for Non-Residents$35.00Per yearLibrary Card Replacement (Residents and Non-Residents)$2.00Per cardRepair of CD/DVD$1.00Transmittal Fax Only (Local)$1.00First page, $0.25 each additional pageTransmittal Fax Only (Long Distance)$2.00First page, $0.50 each additional pageFingerprinting of Residents for Background Checks$7.50Per CardVehicle Accident Report$6.00Per copyOffense or Arrest Report$1.50Per report, plus $0.10 per page for additional copiesSERVICECOSTNOTESNOTE: Minimum Fee For Any Single Permit or Inspection, Listed or Unlisted, Regardless of Department. $ 55.00 Excluding signsNEWEDITBuilding Permit for Residential Construction(single family, two family, multifamily, and townhome) $ 0.85 Per square foot $1.00 to $500.00$23.50$501.00 to $2,000.00$23.50For the first $500.00, plus $3.05 for each additional $100.00, or fraction thereof, up to and including $2,000.00$2,001.00 to $25,000.00$69.25For the first $2,000.00, plus $14.00 for each additional $1,000.00, or fraction thereof, up to and including $25,000.00$25,001.00 to 50,000.00$391.25For the first $25,000.00, plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00$50,001.00 to $100,000.00$643.75For the first $50,000.00, plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00$100,001.00 to $500,000.00$993.75For the first $100,000.00, plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00$500,001.00 to $1,000,000.00$3,233.75For the first $500,000.00, plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00$1,000,001.00+$5,608.75For the first $1,000,000.00, plus $3.65 for each additional $1,000.00, or fraction thereofSERVICECOSTNOTESPOLICE DEPARTMENTPERMITS AND INSPECTIONSBuilding Permit for Non-Residential Construction Based on Total Valuation of Project (Used for Building Code Pricing Below)NOTE: In addition to all fees below, developers, property owners, or applicants must pay additional fees in an amount equal to the actual cost incurred by the City related to (i) third-party engineering review of plats, plans, and applications and (ii) third-party construction inspection. Page 2 of 9PAGE 4 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Accessory Building (Min. 175 ft2)VariesConsult Construction Table (above)Alterations and Repairs To Existing StructuresVariesConsult Construction Table (above)Building Code Appeal$100.00Canopy - Larger than 400 ft2$55.00Carnival or Temporary Amusement $55.00CarportVariesConsult Construction Table (above)Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Detached GarageVariesConsult Construction Table (above)Demolition$55.00Drive Approach$55.00Fence, Retaining Wall, Screen WallVariesConsult Construction Table (above)FireplaceVariesConsult Construction Table (above)Moving Building into the City$100.00Patio CoverVariesConsult Construction Table (above)Portable Building (Min. 175 ft2)VariesConsult Construction Table (above)SignsVariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (Above Ground)VariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (In-Ground)VariesConsult Construction Table (above)Tent (Commercial) - Larger Than 200 ft2$55.00Tree Mitigation Fee $200.00Per caliper inchUnderground Storage Tanks (Includes Gas Lines To Tank) VariesConsult Construction Table (above)Reinspection Fee$55.00Plan ReviewNew, Addition, Remodel for Commercial, Industrial, and Multi-Family20%Of building permit feeNew, Addition, Remodel for Single or Two Family$55.00All Other Permits Requiring Plan Review$25.00Re-Review Fee$25.00SERVICECOSTNOTESApartments, Condominiums, Triplex, Etc.$0.05Per ft2; Minimum calculation of $55.00Commercial/Industrial New Construction$0.06Per ft2; Minimum calculation of $55.00Single Family, Duplex, Townhouse, Etc.$0.06Per ft2; Minimum calculation of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00Electric Generators Used By Carnival, Circuses, Traveling Shows, Exhibits $55.00Electrical Code Appeal$100.00Fixed Residential Appliances, Receptacle Outlets, Etc. $55.00As Defined by City CodeBUILDING CODE PERMITS, INSPECTIONS AND PLAN REVIEWSELECTRICAL CODE PERMITS AND INSPECTIONSPage 3 of 9PAGE 5 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Minimum For Any Single Permit $55.00Except Temporary Construction Pole ReconnectsSwimming Pool, In-Ground, Residential$110.00Receptacles, Switch, Lighting or Other Outlet Holding Devices$55.00Reinspection Fee$55.00Less than 200 Amps$55.00600+ Volts or 1,000+ Amps$55.00Each Power Apparatus (As Defined By City Code)$2.00Up To And Including 1, Each $55.00Over 1, Up To And Including 10, Each $55.00Over 10, Up To And Including 50, Each $55.00Over 50, Up To And Including 100, Each $55.00Over 100, Each $55.00One Branch Circuit, Each $55.00Additional Branch Outlets $55.00Temporary Power To Any Structure (Maximum Of Ninety (90) Days)$55.00SERVICECOSTNOTESContractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00.HVAC (Heating/Cooling Systems)$110.00$55 Per air handling unit (e.g. inside unit + outside unit = $110.00)Replacement of Furnaces, Condensing Unit or Cooling/Heating System $55.00Vent-A-Hood (Commercial)$55.00Re-Inspection Fee$55.00Mechanical Code Appeal$100.00SERVICECOSTNOTESApartments, Condominiums, Triplex, Etc.$0.05Per ft2; Minimum fee of $55.00Commercial/Industrial New Construction$0.06Per ft2; Minimum fee of $55.00Single Family, Duplex, Townhouse, Etc.$0.06Per ft2; Minimum fee of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)-Not required for plumbers.Building Water Line$55.00EachBuilding Sewer Line$55.00EachFireplace Piping and Valve$55.00Gas Fired Applicable W/Special Vent Pipe$55.00Gas Piping System (1-4 Outlets)$55.00EachGas Piping System (5+ Outlets)$55.00EachServices of 600 Volts or LessRating in Horsepower, Etc.Signs, Outline Lighting, or MarqueesMECHANICAL CODE PERMITS AND INSPECTIONSPLUMBING CODE PERMITS AND INSPECTIONSUnit Fee SchedulePage 4 of 9PAGE 6 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Industrial Waste Pre-Treatment Interceptor$55.00Installation/Repair of Water Piping and/or Water Treatment Equipment $55.00Lawn Sprinkler System On Any One Meter, Including Backflow Protection $55.00EachPrivate Sewage Disposal System$55.00Repair of Existing Piping$55.00Repair or Alteration of Drainage or Vent Piping$55.00Gas Line Pressure Check$55.00 Plumbing Fixture, Trap or Set Fixture, Etc.$55.00EachYard Line Pressure Check$55.00Plumbing Code Appeal$100.00Reinspection Fee$55.00SERVICECOSTNOTESBusiness License$25.00Home Business License$25.00Certificate of Occupancy (CO)$55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00Garage Sale Permit$10.00No more than three (3) garage sales per address per yearGathering Station Inspection$1,000.00Itinerant Vendor License$100.00Contact the Police Department Records Dept. at 817-985-2160, ext. 2219Sub-Division Construction Inspection Fee4%Of construction costTree Removal Permit$150.00Per acre; $150 minimum chargeSERVICECOSTNOTESPermit$100.00per each permit and renewal permitInspection and Reinspection$75.00Per each inspection or reinspectionSERVICECOSTNOTESAnnual Air Sampling And Reporting Fee Per Low-To-Moderate Impact Pad Sites (As Determined By City Official(s))$12,000.00Annual Air Sampling And Reporting Fee Per High Impact Pad Site (As Determined By City Official(s))$45,000.00May be paid in quarterly installmentsAnnual Air Sampling And Reporting Fee As Needed$12,000.00Per instance of additional monitoringAnnual Inspection Per Well$2,000.00$300 per additional well on same pad siteWell Requested On Application for Pad Site$5,000.00Per wellSERVICECOSTNOTESAnnexation, Request for$200.00Commercial Site Plan Review$500.00Engineering review fee; In additional to applicable permitting feesSHORT TERM RENTALOIL AND GAS WELLSPLANNING AND DEVELOPMENTREGISTRATION AND MISCELLANEOUS PERMITSPage 5 of 9PAGE 7 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Conditional Use Permit$500.00Easement or Right-Of-Way Abandonment, Request for$300.00Zoning Verification Letter$30.00Zoning Change or Amendment for Less Than 10 Acres, Request for$500.00Zoning Change or Amendment for 10+ Acres, Request for$1,500.00Rezone Less Than 10 Acres to Planned Development District (PD)$750.00Rezone 10+ Acres to Planned Development District (PD)$1,500.00Minor Plat, Vacated Plat, Amended Plat$300.00Plus $10.00 per lotMinor Plat Engineering Review Fee$200.00Preliminary Plat$300.00Plus $10.00 per lotPreliminary Plat Engineering Review Fee$1,000.00Replat (0-10 Acres)$500.00Replat (10+ Acres)$1,500.00Final Plat$300.00Plus $10.00 per lotFinal Plat, Replat Engineering Review Fee$2,500.00Placed in escrow; unused funds can be requested for returnRenotification$125.00Cost to republish legally required notifications after a request for date changeSpecial Exception, Request for$250.00Variance, Request for$250.00Printouts/Copies From Plotter$1.00Per Square Foot (ft2)SERVICECOSTNOTESResidential Water (Owner Occupied)$60.00Residential Sewer (Owner Occupied)$30.00Residential Water (Tenant Occupied)$90.00Residential Sewer (Tenant Occupied)$60.00Commercial/Industrial w/High ConsumptionVaries1/6 of annual consumptionCommercial Water$90.00Commercial Sewer$60.00Water for Cleanup (15 Day Temp Service)$30.00Per dayUse of Bulk Water Meter (Fire Hydrant)$600.00Plus $50 service feeUse of Bulk Water Meter (Gas Drilling)$1,000.00Plus $50 service feeUse of Bulk Unmetered WaterVaries(rate) X (estimated gallons)Disconnect Service At The MainActual CostLiquid Waste Permit$50.00Liquid Waste Trip Ticket Book$20.00If an account is finaled out for nonpayment, re-establishment of service requires a deposit of 2X the normal fee. Accounts are associated with the name of the responsible party (or parties); not the address.The Building Inspection and Public Works departments regulate the installation, maintenance, and the transportation of liquid wastes. Questions? Call 817-985-2170.PlatsOther UTILITY BILLING | PUBLIC WORKS | WATER AND WASTEWATERView monthly utility rate information at www.cityofkennedale.com/waterratesDepositsZoningPage 6 of 9PAGE 8 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Move City UtilitiesActual CostPrivate Water Well Permit And Inspection$75.00Water Administrative Fee $20.00Assessed when account appears on cut-off list; In addition to any late feeWater Transfer Fee$15.00Wrecker License/Permit$20.00Utility EquipmentActual CostMeter, meter base, MTU, register, bullhead, and any other associated equipment installed for water/sewer meteringFire Hydrant Fee (Construction Meter)$79.50Monthly base chargeMeter Calibration Fee (When Executed By City Staff)$45.00Meter Calibration Fee (When Executed By Independent Contractor)$125.00Meter Set Reinspection Fee$100.00 Meter Tampering, Tampering With Lock, Or Cutting Lock On Meter $200.00Per offense, plus actual cost of repair or replacement¾” (.75")$475.00Plus $300 meter set fee; plus cost of meter1”$525.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$950.00Plus $550 meter set fee; plus cost of meter2”$1,075.00Plus $700 meter set fee; plus cost of meter3” or LargerActual CostPlus actual cost of meter set fee; plus cost of meter¾” (.75")$925.00Plus $300 meter set fee; plus cost of meter1”$975.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$1,400.00Plus $550 meter set fee; plus cost of meter2”$1,525.00Plus $700 meter set fee; plus cost of meter3” or LargerVariesPlus actual cost of meter set fee; plus cost of meter4”$425.006”$600.008” or Larger Actual Cost4”$875.006”$1,050.008” or Larger Actual CostSERVICECOSTNOTESAmbulance FeesActual CostEstablished according to reasonable and customary reimbursement allowances of applicable insurance carriers; reviewed and approved quarterly by the City ManagerBuilding/Fire Plan Review$55.00EMS Report$15.00False Alarm (3rd+)$55.00Beginning with the 3rd, the fee doubles for each subsequent false alarmWater and Wastewater FeesCharges not incurred if meter is found to be inaccurate.Water Tap Fee (No Street Cut)Water Tap Fee (With Street Cut or Bore)Sewer Tap Fee (No Street Cut)Sewer Tap Fee (With Street Cut or Bore)FIRE DEPARTMENTPage 7 of 9PAGE 9 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Fire Code Appeal$100.00Annual, Bi-Annual of Certificate of Occupancy (CO)No ChargeRe-InspectionNo Charge2nd Re-Inspection$55.003rd+ Re-InspectionVariesBeginning with the 3rd, the fee doubles for each subsequent re-inspectionFire Suppression Systems$55.00Fire Report$15.00Site Plan Review$55.00Brush Truck$75.00HourlyEngine$150.00HourlyFire Marshall$40.00HourlyHazMat Squad$300.00HourlyParamedic$30.00HourlyNOTE: Minimum fee for any single permit or inspection, listed or unlisted, regardless of department$55.00Excluding signsSERVICECOSTNOTESSingle Sided, Black & White, 8.5x11" Paper$0.10Per paper copy11x17" or Other Oversized Paper, Not Including Maps & Photographs$0.50Per paper copyPlat Page$3.00Per plat pageCompact Disc (CD)$1.00Per CDCHARGES ASSOCIATED WITH A PUBLIC INFORMATION REQUEST VARY DEPENDING ON THE AMOUNT OF RESPONSIVE DOCUMENTS AND PERSONNEL TIME REQUIRED.GENERAL CHARGES ARE OUTLINED BELOW.Fire InspectionsStandbyREQUEST FOR PUBLIC INFORMATION/OPEN RECORDS REQUESTS/REQUESTS UNDER THE PUBLIC INFORMATION ACT (PIA)The City Secretary's Office encourages communication and transparency between the City of Kennedale and its residents by serving as the primarv office responding to Public Information Reguests. In an effort to save requestors time and money, freguently requested documents are available online, including: • Laserfiche: Ordinances, Resolutions, Agendas, Packets. Minutes, and Press Releases • MuniCode: Code of Ordinances and Copies of Individual Ordinances • Monthly Reports: Building Permits, Fires, and Substandard BuildingsIf what you need is not available online, you can make a Qublic information reguest. Reguests are processed in the order they are received, and should be for existing documents or information. Staff may not ask why you want the information, but may ask for clarification if needed. please be aware that some records are exempt from disclosure or reguire redaction.Requests may incur a fee, and the City of Kennedale may require prepayment. Charges vary depending on the number of responsive documents and personnel time required. Vaguely-worded or broad requests return more results. The more specific your request, the quicker it can be fulfilled. Generally, the city will charge $0.10 per page and $15.00 an hour for labor. Requests for standard-sized documents that will be delivered via email usually do not incurcharges, unless the request: • is for more than fifty (50) pages, • requires more than thirty (30) minutes of personnel time to locate, compile, manipulate data, and reproduce the information, or • includes documents that are stored off-site.If the estimated charges exceed $40.00, the requestor must approve an itemized estimate before work begins. When estimated costs exceed $100.00, the requestor is required to make a deposit (typically 100% of the estimate) before work begins. If a requestor (or their organization) has a balance exceeding $100.00 for past requests, the City of Kennedale will not process additional requests until the account is paid in full. You must approve any estimate of charges within ten (10) business days of the date the estimate is sent or the request will be considered withdrawn.Page 8 of 9PAGE 10 OF 11
O687 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 687 | TUESDAY, DECEMBER 17, 2019Digital Video Disc (DVD)$3.00Per DVDPersonnel Time for Locating, Compiling and Reproducing Records$15.00Mailing Expenses, Speciality Papers (including but not limited to mylar, blueprints, maps, and photos), Off‐Site Storage RetrievalActual CostOff‐site storage costs (currently $16.00 truck charge + $2.00/box) per retrieval and returnCharges not outlined here will be calculated according to the regulations and recommendations of the Texas State Library and Archives Commission, the Texas Attorney General, and the Texas Administrative CodePage 9 of 9PAGE 11 OF 11
O687 CITY OF KENNEDALE, TX 2019
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
MEETING DATE: DECEMBER 17, 2019
AGENDA ITEM NUMBER: PUBLIC HEARING ITEM IV.G.1.
SUBJECT
CASE# PZ 19-11 — Conduct a public hearing and consider Ordinance 685, regarding a request by Trifecta Homes,
LLC for a rezoning from “R3” Residential to “R4” Residential 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
ORIGINATED BY
Melissa Dailey, Director of Planning & Economic Development
SUMMARY
BACKGROUND AND OVERVIEW
Request Rezone from R3 Single Family (Residential) to R4 Residential
Applicant Trifecta Homes, LLC
Location Multiple lots at Bowman Springs Road and Corry A Edwards Drive
Surrounding Uses Schools, Single-Family Residential, Commercial, Industrial
Surrounding Zoning PD-UV, UV, R1, R3, C2, I
Future Land Use Plan Designation Residential
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
The property is currently vacant land.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The property fronts Bowman Springs Road and is located at the Corry A Edwards intersection. Bowman Springs is
identified in the Future Transportation Plan as a Boulevard and a priority bicycle/pedestrian project. The corridor is
characterized by a variety of uses, including Kennedale Junior High School, Fellowship Academy, single family homes
and subdivisions, a golf driving range, commercial buildings, industrial buildings, undeveloped land, and the
Southwest Nature Preserve.
STAFF REVIEW
Future Land Use Plan
The Future Land Use Plan indicates this property as residential.
Related Goals From the Comprehensive Land Use Plan
The comprehensive plan goal related to this rezoning request falls under:
PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING.
Providing housing options for people of varying financial means and residential preferences. Provide the
regulatory framework and developer support to provide quality housing for residents. Create job opportunities
in Kennedale that help stabilize the local tax base and allow residents to work close to home.
PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS.
Promote social integration and economic activity through the development of different scale centers
throughout the community.
City Council Ends Statements and Goals
Business uses are compatible with residential areas.
Sidewalks and landscaping are integral to the community.
Financially responsible and sustainable.
Well planned community based on principles of a connected city, economic prosperity, and a thriving
community.
SUMMARY
This property has been vacant for many years. The growth in the area along with the surrounding development in the
immediate vicinity has made this property viable for development. Surrounding uses are mixed with institutional,
commercial and residential development.
The developer plans to build single-family homes in a walkable, sustainable development on this 4-acre site, providing
for homes consistent with those single family homes adjacent to the north/northeast. The development will be required
to meet standards for R4 zoning, which allows for 50-foot widths and must meet all requirements for single family
development. This development would provide quality housing for residents of Kennedale.
The Planning & Zoning (P&Z) Commission unanimously recommended approval of this request, with a 7-0 vote, at
their meeting on December 2, 2019.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
ACTION BY THE CITY COUNCIL
Approval: Based on the information presented, I find that the request meets city requirements and is in
compliance with the comprehensive land use plan and make a motion to approve the request for rezoning.
Deny: Based on the information presented, I find that the proposed use does not meet (list standards or
requirements not met) and make a motion to deny the request.
RECOMMENDATION
Approve
ATTACHMENTS
1.PZ19-11 1022 Bowman Springs PZ19-11 1022 Bowman Springs.pdf
2.O685 PZ19-11 1022 Bowman Springs O685 PZ19-11 1022 Bowman Springs.pdf
3.PZ Notification Response Forms PZ Notification Response Forms.pdf
PZ 19-11
Location Map
PZ 19-11
Zoning Map
PZ 19-11
Future Land Use Map Property location
Front Elevation
Front Elevation
Rear Elevation
Rear Elevation
PAGE 1 OF 4
O685 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 685
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 4 ACRES DESCRIBED AS 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 FROM “R-3” SINGLE FAMILY RESIDENTIAL DISTRICT TO “R-4”
SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH
CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas
Constitution and Chapter 9 of the Local Government; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City
has adopted a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, a change in the zoning classification of the property listed below was
requested by a person or entity having a proprietary interest in said property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale, Texas, on December 2, 2019, and by the City
Council of the City of Kennedale, Texas, on December 17, 2019, with respect to the
zoning change described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council of the City of Kennedale, Texas, does hereby deem
it advisable and in the public interest to amend the Unified Development Code, as
amended, as described herein.
PAGE 2 OF 4
O685 CITY OF KENNEDALE, TX 2019
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
The Unified Development Code, as amended, is hereby amended so that the
permitted uses in the hereinafter described area shall be altered, changed and
amended as shown and described below:
Approximately 4 acres, located at 962 Corry A Edwards Drive, and being
described as 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 on the illustration attached hereto as
Exhibit “A” and incorporated herein for all purposes of this ordinance, is
hereby rezoned from “R-3” Single Family Residential District to “R-4”
Single Family Residential District.
SECTION 2.
The zoning districts and boundaries herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health,
safety, morals, and general welfare of the community. They have been designed to
lessen congestion in the streets, to secure safety from fire, panic, flood and other
dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid
undue concentration of population, to facilitate the adequate provisions of
transportation, water, sewerage, parks and other public requirements. They have been
made after a full and complete hearing with reasonable consideration among other
things of the character of the district and its peculiar suitability for the particular uses
allowed and with a view of conserving the value of the buildings and encouraging the
most appropriate use of land throughout the community.
SECTION 3.
The City Secretary is hereby directed to amend the official zoning map to reflect
the changes in classifications approved herein.
SECTION 4.
The use of the property hereinabove described shall be subject to all the
applicable regulations contained in the Unified Development Code, as amended, and all
other applicable and pertinent ordinances of the City of Kennedale, Texas.
PAGE 3 OF 4
O685 CITY OF KENNEDALE, TX 2019
SECTION 5.
This Ordinance shall be cumulative of the Unified Development Code, as
amended, and all other Ordinances of the City of Kennedale, Texas, affecting zoning
and land use, and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas, are expressly saved as to
any and all violations of the Unified Development Code, as amended, that have accrued
at the time of the effective date of this Ordinance and as to such accrued violations and
all pending litigation, both civil and criminal, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 7.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or 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 8.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists enforcement of any of the provisions of this Ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, penalty clause, publication clause and effective date clause of this
Ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as
authorized by Section 3.10 of the City of Kennedale Charter.
SECTION 10.
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PAGE 4 OF 4
O685 CITY OF KENNEDALE, TX 2019
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 17TH DAY OF DECEMBER, 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: DECEMBER 17, 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: DECEMBER 17, 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