12.10.2009 CC PacketCITY K k'E/V
405 Municipal Drive, Kennedale, Texas 76060
www.cityotkennedale.com
AGENDA
KENNEDALE CITY COUNCIL
REGULAR MEETING — DECEMBER 10, 2009
COUNCIL CHAMBERS
WORK SESSION — 5 :30 PM
REGULAR SESSION — 7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. WORK SESSION — 5:30 PM
A. Discuss Stormwater Utility System.
B. Discuss and review any item on the agenda, if needed.
IV. REGULAR SESSION — 7:00 PM
V. INVOCATION
VI. US PLEDGE OF ALLEGIANCE
VII. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One
and Indivisible."
VIII. PRESENTATION
James F. Delaney Elementary Choir will perform Christmas Concert (under the Direction
of Lisa Griffin).
IX. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda
may speak to the Council. No formal action can be taken on these items at this meeting.
Page 1 of 5
X. REPORTS /ANNOUNCEMENTS
In addition to any specific matters listed below, the city council may receive a report
about items of community interest, including but not limited to recognition of individual
officials, citizens or departments, information regarding holiday schedules, upcoming or
attended events, etc
A. Mayor
1. Introduce Mayor for the Day Winner
2. Veterans Appreciation
B. City Council
C. City Manager
Presentation of Certificate of Achievement for Excellence in Financial
Reporting to Sakura Moten- Dedrick, Director of Finance.
XI. CONSENT AGENDA
All matters listed under consent agenda have been previously discussed, require little or
no deliberation, or are considered to be routine by the council. If discussion is desired,
then an item will be removed from the consent agenda and considered separately.
A. Approval of regular meeting minutes dated November 5, 2009.
B. Approval of Quarterly Investment Report.
C. Approval of Resolution No. 301. declaring certain property surplus and /or salvage
and authorizing the sale of said property.
D. Approval to purchase two vehicles through Parker County Cooperative Purchasing
Prograin.
E. Approval to authorize City Manager to sign Interlocal Agreement with Tarrant
County for Bowman Springs Road.
F. Approval to authorize City Manager to sign Interlocal Agreement with "Tarrant
County to construct parking lot at Sonora Park.
XII. REGULAR ITEMS
G. Receive report from UTA Capstone Project concerning Performance Measures for
selected City Departments.
H. Review and consider action to authorize staff to proceed with publication of public
hearing notice and required ordinance for Stormwater Utility System.
I. Public Hearing, Review and Consider action to approve Case #PZ 09 -24, re -plat of
- approximately 6.163 acres from Block 1, Lots 6A, 6A1, 6A2, 6AIA, 7A, and 7A2,
Oliver Acres Subdivision to Block 1, Lot 7R1, Oliver Acres Subdivision, as
Page 2 of 5
requested by Sharon Crouch. The physical address is 1121 Swiney Hiett Road,
Kennedale, TX.
1. Staff Presentation of Case
2. Applicant Presentation of Case
3. Public Hearing
4. Staff Response and Summary of Case
5. Applicant Response
6. Action on Case #PZ 09 -24
J. Public Hearing, Review and Consider action to approve Case #PZ 09 -25, final plat
and re -plat of approximately 6.l 86 acres from Tracts 13, 13A7, 13 A08, 13C, 13D,
David Strickland Survey, Abstract 1376, and Block 1, Lot 24A and Block 2, Lot
I B, Swiney Estates to Block A, Lots 1, 2, & 3, George Case Addition, as requested
by Kimley -Horn & Associates on behalf of Chesapeake Land Development
Company, L.L.C. The physical address is 400 Bolen Road and an un- addressed
portion of Bolen Road.
1. Staff presentation of Case
2. Applicant Presentation of Case
3. Public Hearing
4. Staff Response and Summary of Case
5. Applicant Response
6. Action on Case #PZ 09 -25
K. Public Hearing. Review and Consider action to approve Ordinance No. 444, Case
#PZ, 09 -26, re- zoning request of approximately 1.13 acres consisting of Tract
4A01, Abstract 980, and Tract I A01, Abstract 985, J.M. Lilly Survey located at
900 W. Kennedale Sublett Road, Kennedale, TX from "AG" Agriculture to "C -I"
Restricted Commercial, as requested by Larry Walther.
1. Staff Presentation of Case
2. Applicant Presentation of Case
3. Public Hearing
4. Staff Response and Summary of Case
5. Applicant Response
6. Action on Ordinance No. 444
L. Public Hearing, Review and Consider Action on Case #PZ 09 -27, re -plat request of
approximately 1.763 acres from Block 1, Lot 21, Murray Hill Estates to Block 1,
Lots 21 R and 21 R1, Murray Hill Estates, as requested by Stephanie Ahrens. The
physical address is 1228 Kennedale Sublett Road, Kennedale, TX.
1. Staff Presentation of Case
2. Applicant Presentation of Case
3. Public Hearing
4. Staff Response and Summary of Case
5. Applicant Response
6. Action on Case #PZ 09 -27
Page 3 of 5
M. Review and consider approval to authorize City Manager to sign Interloca)
Agreement with NCTCOG for Watershed Study.
N. Review and consider action to approve Resolution No. 302, authorizing Issuance of
Certificate of Obligations for the development of Kennedale TownCenter.
O. Review and consider action to authorize lease of Lot 8, Kennedale TownCenter Addition
from the Economic Development Corporation.
P. Review and consider action to approve amendment to KEDC 2009 -2010 Fiscal
Year Budget.
Q. Review and consider action to appoint members to the Municipal Management
District Board.
R. Review and consider action to authorize City Manager to sign an agreement with
Russ Reid for federal lobbying.
XIIL EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the
Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules
of Professional Conduct may conflict with the Open Meetings Act, including
discussion on any item posted on the agenda.
B. The City Council will meet in closed session pursuant to Section 551.072 of the
Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property for the following:
1. TownCenter Development
2. Bowman Springs Road re- alignment properties
3. Sublett Road re- alignment properties
4. Acquisition of easements for 16" water -line extension
5. Acquisition of properties in Oak Crest
C. The City Council will meet in closed session pursuant to Section 551.074 of the
Texas Government Code to deliberate the appointment., employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
Magistrates
D. The City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect with which the city is conducting economic development
negotiations.
Page 4 of 5
XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
A. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1, Kim Addition for water line easement.
B. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the E.C. Cannon Survey, Abstract 378,
Tracts 1 H and I HO l for water line easement.
C. Consider approval of resolution authorizing legal counsel to file lawsuit
authorizing appraisal of Lots 6133 and 7B, Raceway Estates for water line easement
acquisition.
D. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1. Middleton Estates for widening of Sublett Road.
E. Consider action to remove magistrates.
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for
reasonable accommodations for persons attending City Council meetings. This building is
wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign
interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Kathy
Turner, City Secretary, at 817.295.2104 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the December 10, 2009, agenda was posted on the City Hall bulletin board next to
the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a
place convenient and readily accessible to the general public at all times and said Agenda was posted on the
following date and time: Monday, December 7, 2009 by 5:00 p.m., and remained so posted continuously
for at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the
Texas Government Code.
Kathy Turner
City Secretary, TRMC /CMC
I certify that the attached notice and agenda of items to be considered by the City Council was removed by
me from the City Hall bulletin board on the _ day of December . 2009.
Title: Kathyurner, City Secretary, TRMC /CMC
Page 5 of 5
ffReport
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No: III A -B
Subject: Work Session
Originated by: Kathy Turner, City Secretary
Summary: Work Session
a. Discuss Stormwater Utility System; and
b. Discuss and review any item on the agenda, if needed.
Recommendation:
Disposition by Council:
a
What is a Stormwater Utility?
Enterprise Fund used for Stormwater Activities
C
Provide Funding for Compliance with TCEQ
Stormwater Quality Program Activities
Provide Ongoing Operation & Maintenance
Solve Flooding
and
Water Quality
problems
Operates much
like
the Water and
Sewer Utility
Palmer Price, inc. 2 moon; HALFF
Storm Water Utility Authorization
d�
Local Government Code, Chapter 402, Subchapter C:
Utility must remain in place for 5 years
Revenues spent only on storm water activities
Inventory of lots and parcels
Parcels in a natural state are exempt
Fee based on a stormwater related parameter
Fee structure is fair and reasonable among customer classes
Print ordinance and rates in paper 30 days prior to public hearing
Palmer Price, Inc. 3 ONE HALFF
dij Stormwater Utility Advantages
6 Cost -of- Service
Operations and Maintenance
Flood Control
Water Quality
Broad Use of Funds
Regulatory Compliance
Existing Stormwater Problems
Future Development
Monthly Billing 4 Steady Revenues
Revenue Bonds -+ Expand Bond Capacity
Replace General Funds 4 Lower Property Tax Rates
Palmer Price, inc. 4 :N HALFF
- Fund the Mandated TCEQ Stormwater Quality Program
Participate in FEMA's Community Rating System
Improve the Existing Storm Drain System
Increase maintenance in creeks, ditches, streets and pipes
Reconstruct existing drainage systems
Improve Drainage in Flood Prone Areas
Update the Stormwater Master Plan
Educate customers about flood insurance
w Construct New Storm Drainage Systems
Palmer Price, Inc. 5 :
SON
:: HALFF
TCEQ Stormwater Quality Program
du)
Public Awareness and Education
_ Stormwater Impacts
-- Illicit Discharge Prevention and Mitigation
Construction Plan Review
Erosion Control
-' Stormwater Runoff Control and Treatment
Construction Site Inspection
Cataloging Individual TCEQ Permits for Local
Businesses
City -wide Sampling and Monitoring
-_, Cooperative Sampling Program with NCTCOG and Businesses
Trace Sources of Illicit Discharges
Monitoring for Permitting and Mitigation Compliance
Best Management Practices (BMPs ) for City Properties
operties
Palmer Price, Inc.
6 ONE HALFF
w Provide Funds for Mandated TCEQ Stormwater Quality Program
Catalog Stormwater Issues
Summarize complaints and known issues
Estimate high level cost to resolve the problems
Prioritize how stormwater utility funds will be used
Review All Utility Services
Identify accounts for a parcel
Identify active utility services
Identify utility services that are not being billed correctly
Increase other utility revenues
Update Existing Land Use Mapping
°x- Develop baseline data for Stormwater Master Plan
Utilize data in update of Comprehensive Plan
Begin Using GIS Tools to Manage Data
Identify UBS accounts on a parcel
Utilize data to document stormwater billing quantities
Develop tools for routine utility service reviews
Develop Long -Term Stormwater Financial Plan
Palmer Price, Inc. 7 mom HALFF
City of Kennedale's GIS Inventory
C d.) of Existing Land u se
}
ONE
Palmer Price, Inc. s Him HALFF
Use GIS SF for Billing Quantities : ) 6 C (J=on Non- Residential Parcels
f
Chevron
Majestic's Showtime
Total Parcel Area (SF)
Building Area (SF)
Paving Area (SF)
26,123
9,341
1 14,023
34,046 50,655
10,777 5,971
21,035 35,477
Billing Quantity (SF) 2,800
23,364
31,812 41,448
Monthly Stormwater Fee $3.00
$25.23
$34.36 $44.76
Inn
t
Y 4y ���RJ' .l✓ ��;1 �a
Parcel ERU
Chevron
Majestic's Showtime
Total Parcel Area (SF)
Building Area (SF)
Paving Area (SF)
26,123
9,341
1 14,023
34,046 50,655
10,777 5,971
21,035 35,477
Billing Quantity (SF) 2,800
23,364
31,812 41,448
Monthly Stormwater Fee $3.00
$25.23
$34.36 $44.76
SF Charge = S3.00 ER Fee
"Impervious Area (or Impervious Surface):
a surface that has been compacted or covered
with a layer of material so that it is resistant to
infiltration by water and does not have a natural
state of vegetative cover. Impervious areas
include, but are not limited to, compacted soils
with a surface treatment, gravel, crushed stone
surfaces or soil compacted by vehicle traffic,
asphalt or concrete pavement, parking lots,
driveways, sidewalks and private roadways,
buildings, and other man -made structures,
sufaces, or my uses that change the natural
surface of the land and have the effect of
increasing, concentrating, polluting or otherwise
altering stormivater runofffrom that experienced
under natural vegetative conditions. "
Palmer Price, inc. 9 MEN HALFF
Existing Land Use in Kennedale
Percent Parcel Area
e
Land Use Percent Percent
Parcel Area Impervious Area
®
Single Family
33.7%
16.3%
E]
Small Multi - Family
0.4%
0.8%
Im
Mobile Homes
2.9%
0.7%
Churches
0.6%
1.2%
■
Schools
2.3%
7.7%
■
Government
1.8%
2.3%
Cemeteries
0.7%
0.4%
Multi - Family
0.3%
0.5%
Commercial Retail
15.2%
26.3%
®
Industrial
8.0%
15.5%
Race Tracks
4.2%
15.8%
El
Salvage Yards
3.3%
12.4%
■
Sandpits
2.9%
0.0%
■
Undeveloped
23.6%
0.1%
100.0%
100.0%
Non - Residential
63
sidential
37%
Percent Impervious Area
Non - Residential
82%
Idential
18%
Palmer Price, Inc. 10 ;;; HALFF
Utility Billing System (UBS) Review
Inventory Tarrant County Appraisal District (TAD) Parcels
Identify existing land use
Reconcile TAD owner database with UBS customer database
Identify all UBS Accounts for Each TAD Parcel
Identify active and inactive utility services
Increase utility revenues for water, sewer and refuse
Map Utility Providers with GIS Tools
Review utility service records for other providers
Perform Field Checks
Identify occupied properties with inactive UBS accounts
Smoke Testing for Sewer versus Septic Service
Set up sewer service
Identify stormwater infiltration /inflow problems
Inventory for need for irrigation backflow devices
Palmer Price, Inc. 11 : :: HALFF
MEN
U
Project Approach
Update SW Billing Method
1. Existing Billing Quantities
2. STW Billing System Capabilities
3. Updated Billing Quantities
GIS
Impervious
Areas
Document SW Cost of Service
1. Drainage (Flood Control) Plan
2. Water Quality Plan
3. Operation and Maintenance Plan
Update SW Rate Structure
I. 24 -Year Cash Flow Model Update
2. Customer Class Equity Fee
3. Individual Bill Fairness Survey
4. Lon -term Billing Data Maintenance
80% of Effort ; A ! k
Critical Path
■
Modify
Billing
System
Palmer Price, inc.
.................... ...............................
Set
Publish
Hold
Storm Water
Ordinance
Public
Utility Fees
& Rates
Hearings
•
.................... ...............................
12
;;; HALFF
City of Kennedale's
Equivalent Residential Unit (ERU)
1
50% 1 50% One ER = 2, 800 S
I
7;
d
V
L
CL
4-
O
L
E
r-J
I r-; (;rnatAr Than
100
90
80
70
60
50
40
30
20
10
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O r N c' V Lr M r- M O o — N M V to (O r- W- O o r N M V' LO (0 r- O O O — N CO U) M r- 0 0 0 U) 0 0 0
r — — r — — — — — — N N N N N N N N N N CO M co co M M M M M M -' -' V V' V' V' V' V' V - 'i L6 L6 (O I� a0
Incremental Total Impervious Area (with 336 SF Driveway & Sidewalk Allocation) in SF
Palmer Price, Inc. 13 MEN HALFF
dj Rate Equal for all Classes
NON - RESIDENTIAL
Individual Monthly Bills
$ 39.991 37,026 SF
(I Ac, 85% Impervious)
$ 432.001 400 000 SF
= 0'
.. �.
r
,' RESIDENTIAL
i
Flat Monthly Bills
$3.00 /ERU (Dwelling Unit)
l
t
j
Non - Residential Rate /SF = Residential Rate /SF
$0.00108 /SF = $0.00108 /SF
Palmer Price, inc. 14 ;;; HALFF
COSTS
Flood Control
Master Plan
Water Quality
Master Plan
= REVENUES
0000
Operation &
Maintenance General
Plan / Fund
)p
a ter Develop
at- Stormwater
[jams Financial Plan
Undeveloped IVatersheds
SW Impact
Fees
Outside
Grants
Storniwater Utility offers steady, dependable revenues to address storinwater issues.
Palmer Price, Inc. 15 Now HALFF
Major Stormwater
Capital Improvement Projects (CIP)
Palmer Price, Inc. 16 ;;; HALFF
Major Thoroughfare Projects
Palmer Prue, Inc. 1� SON HALFF
Stormwater Capital Improvements Program
e e
Palmer LOU, Pri Inc. /g ;;; HALFF
Stormwater Utility Program Elements Tool Estimated
CIP ERU
Bond Fee fo
Footling Debt
Needed Service
($FY2070) ($FY2010)
Stormwater Capital Improvement Projects
Stream VC -3
1 300 Block of Pennsylvania Ave (Stream VC-3) $87,000 $0.08
2 100 Block of Arthur Dr (on private property) $76,000 $0.07
3 500 Block of Oak Leaf Ct $183,000 $0.18
4 200 Block of E. Mist $88,000 $0.09
5 Stream VC-3 Drainage Study - Upgrade Kennedale Sublett Culvert $263,000 $0.25
6 100 Block of Oakwood at Kennedale Subletl Dr $69,000 X0.07
7 Stream VC -3 Drainage Study - Pond 1 $2,520,000 $2.44
8 Stream VC- Drainage Study -Pond 2 $2,845,000 $2.76
9 1100 Block of Swiney Hielt $324,000 $0.31
10 Intersection of Spring Branch and Paula Ln $366,000 $0.35
11 600 Block of Oak Ridge Trl $56,000 $0.08
12 1016 Swiney Hiett $86,000 $0.08
Stream VC- $6,993,000 $6.78
Kee Branch
1 Kee Branch Detailed Hydrology and Hydraulics Study
Cit of Kennetlaie Footling (22%) $51,D00 $0.05
City of Arlingt Funding (78 %) _ $184,000 $p
2 5700 Bl of Eden Road $82,000 $0.08
3 Wildcat Way - KISD Sports Complex North Pond (near tennis courts) � $54,000 $0.05
4 Wildcat Way - KISD Sports Complex South Ponds (Near practice fields) * $54,000 $0.05
5 1300 Block of Swiney Hiett $200,000 $0.19
6 900 Block of Shady Creek East $15,000 80.01
7 5600 Block of Eden Road $76,000 $0.07
8 400 Block of Glenbrook Drive $59,000 $0.06
9 4000 Block of S Eden Road $51,000 $0.05
10 4100 Bl of S Eden Road $54,000 $0,05
Kee Branch $696,000 $0.67
' Pro /e��ix .,,ulAhe included � A'iSn is
Stormwater Utility Program Elements
Total
Estimated
CIP
ERU
Bond
Fee fo
Funding
Debt
Needed
Service
($FY2010)
($FY2010)
Stormwater Capital
Improvement Projects
Stream VC -3
1
300 Block of Pennsylvania Ave (Stream VC -3)
$87,000
$0.08
2
100 Block of Arthur Dr (on private property)
$76,000
$0.07
3
500 Block of Oak Leaf Ct
$183,000
$0.18
4
200 Block of E. Mistletoe
$88,000
$0.09
5
Stream VC -3 Drainage Study - Upgrade Kennedale Sublett Culvert
$263.000
80.25
6
100 Block of Oakwood at Kennedale Sublett Dr
$69,000
$0.07
7
Stream VC -3 Drainage Study -Pond 1
$2,520,000
$2.44
8
Stream VC -3 Drainage Study -Pond 2
$2,845,000
$2.76
9
1100 Block of Swiney Hiett
$324,000
$0.31
10
Intersection of Spring Branch and Paula Ln
$366,000
$0.35
11
600 Block of Oak Ridge Trl
$86,000
$0.08
12
1016 Swiney Hiett
$86,000
$0.08
Stream VC -3
$6,993,000
$6.78
Kee Branch
1
Kee Branch Detailed Hydrology and Hydraulics Study
City of Kennedale Funding (22 %)
$51,000
$0.05
City of Arlington Funding (78 %) _ $184,000
$0
2
5700 Block of Eden Road
$82,000
$0.08
3
Wildcat Way -KISD Sports Complex North Pond (near tennis courts)
$54,000
50.05
4
Wildcat Way -KISD Sports Complex South Ponds (Near practice fields) *
$54,000
$0.05
5
1300 Block of Swiney Hiett
$200,000
$0.19
b
900 Block of Shady Creek East
$15,000
$0.01
7
5600 Block of Eden Road
$76,000
$0.07
8
400 Block of Glenbrook Drive
$59,000
$0.06
9
4000 Block of S Eden Road
$51,000
$0.05
10
4100 Block of S Eden Road
$54,000
$0.05
Kee Branch
$696,000
$0.67
� Projects could he included if K /SD is Sao! exeezpted
not e��emp�ee
C , j Stormwater Ca ital Im rovements Program p p
Stormwater Utility Program Elements Total Estimated
CIP ERU
Bond Fee fo
Funding
Debt
Needed
Service
($FY2010)
($FY2010)
Stormwater Capital Improvement Projects
Stream VC -4
1 Stream VC -4 Detailed Hydrology and Hydraulics Study
2 Union Pacific Railroad Along Stream VC -4 (Commuter Rail Project)
3 413 3rd St
4 4000 Block of New Hope Rd
5 Channel Downstream of Kennedale Pkwy
6 4100 Block of New Hope Rd
7 Sulpher St. and Mansfield Ave.
8 4084 Danny Drive
9 500 Block of New Hope Rd
10 300 Block of North Rd
11 1000 Block of Mansfield Cardinal Rd
12 Averett Road Bridge Crossing over Stream VC -4
13 600 Block of Tower Dr
14 600 Block of Bowman Springs Rd
15 300 Block of Linda Ln
16 400 Block of New Hope Rd
17 Sonora Park Low Water Crossing: Remove Crossing
18 Sonora Park Low Water Crossing: Pedestrian Bridge
Stream VC -4
Village Creek Localized Projects
1 1500 Block of Gilman Rd
2 500 Block of Gilman Rd
3 6800 Block of Lindale Rd
Village Creek Localized Projects
$117,000
$0.11
$262,000
$0.25
$178,000
$0.17
$119,000
$0.12
$71,000
$0.07
$175,000
$0.17
$30,000
$0.03
$181,000
$0.18
$482,000
$0.47
$54,000
$0.05
$56,000
$0.05
$72,000
$0.07
$55,000
$0.05
$23,000
$0.02
$40,000
$0.04
$15,000
$0.01
$25,000
$0.02
$393,000
50.38
$2,348,000
$2.28
$105,000
$0.10
$69,000
$0.07
$60,000
$0.06
$234,000
$0.23
Palmer Price, Inc. 19 : :: HALFF
ENO
Stormwater Capital Improvements Program
Stormwater Utility Program Elements
Total
Estimated
S0.03
CIP
ERU
$99,860
Bond
Fee fo
$0.18
Funding
Debt
Needed
Service
($FY2010)
($FY2010)
Stormwater Capital Improvement Projects
Drainage Portion of Roadway Projects under Construction
County Road Projects
1 Kennedale Little School RD
$908,721
2 Kennedale Sublet RD
$1,002,289
3 Bowman Springs RD
$614,272
4 Dick Price RD (TNP)
$1,688,700
Drainage Projects Included in Roadway Projects
$4,213,981
Projects Included in Roadway Projects
600 Block of Wildcat Way
900 Block of Little School Road
(559,000)
($76,000)
300 Block of S. Dick Price Rd
(569 000)
Stream VC -3 Drainage Study - Upgrade Little School Rd Culvert
(S119,000)
Stream VC -3 Drainage Study - Upgrade Bowman Springs Culvert
($505,000)
Projects Included in Roadway Projects
($828,000)
Drainage Allocation of Current Roadway Projects
$3,385,981
$3.28
Drainage Allocation in Future Roadway Costs
$3,696,000
$3.58
52 TOTAL FUTURE STORMWATER CIP PROJECTS
$17,352,981
J $16.82
Village Creek Regional Watershed Improvement Project
1 Stream VC -4 at Dick Price Rd
2 Village Creek Channel Improvement
Village Creek Regional Watershed Improvement Project
Drainage Projects Funded with Cash in FY2008
1 Pennsylvania AVE Street Reconstruction
2 Oak Leaf /Oak Hill Drainage
3 Oak Ridge Drainage
4 PPI /Halff Contract for Stormwater Utility Fee Implementation
Drainage Projects Funded with Cash in FY2008
58 TOTAL STORMWATER CIP PROJECTS
$2,897,000
$30,000,000
$32,897,000 $31.89
$7,206
S0.01
$31,204
S0.03
$45,907
$0.04
$99,860
50.10
$184,177
$0.18
$50,434,158 CED
Palmer Price, Inc. 20 :mm: HALFF
Existing Stormwater O &M Program
Approximately 10% of Street Crew Efforts
Reactive to Emergencies Only
xR Enhanced Stormwater O &M Program
TCEQ Stormwater Management Permit Activities
10 Year ERU = $0.55
10 Year ERU = 2.94
$3.49
-zT Improve Ditch Maintenance in Cooperation with Tarrant County
Smoke Testing Septic versus Sewer service
Identify Infiltration
Identify Stormwater Inflow to Sewer system
Identify Irrigation Backf/ow problems for Water system
Improve Creek Access and Maintenance
Palmer Price, Inc. 21 :
EMS
:: HALFF
..) Stormwater Program Funding Needed
Stormwater Improvement Program
10 -Year
Total
Outside
Kennedale
10 -Year
10 -Year
Total
10 -Year
Average
Stormwater
Funding for
Stormwater !
Average
Aveage
Annual
ERU
Annual
CIP
CIP
CIP
Annual
Annual
Utility
Stormwater
O &M
Costs
Costs
Costs
O &M
Debt
Revenue
Utility
Expenditures`
($FY2010)
($FY2010)
($FY2010)
Funding
Service —
Requirements
Fee
Operations and Maintenance
Existing Operation and Maintenance
$45,154
(S45.154)
(S45.154)
$0.55
Enhanced Operation and Maintenance
$243,755
S243.755
5243,755
$2.94
Stormwater O &M Activities
$288,908
$0
$0
$0 ",;!';
($288,908)
$0
($288,908)
$3.49
Small Stormwater Capital Improvement Projects
12 Stream VC -3
$6,993,000
($768.881 )
$6,224,119
(3499,439)
(3499,439)
$6.03
10 Kee Branch
$880,000
(5184..000)
$696,000
(S55.849i
($55 849)
$0.67
18 Stream VC -4
$2,348,000
$0
$2,348,000
(5188,410)
(S188,410)
$2.28
3 Village Creek Localized Projects
$234,000
$0
$234,000 i'
518..777
318.777
$0.23
Small Stormwater CIP
$10,455,000
(S952.881)
$9,502,119
$0
(5762.475)
(S762,475)
S9.21
Large Stormwater Capital Improvement Projects
4 Drainage Portion of Roadway Projects under Construction
$3,385,981
$0
$3,385,981
($271,700)
($271]00)
$3.28
4 Drainage Allocation in Future Roadway Costs
$3,696,000
$0
$3,696,000
S296,577
'$296.577
$3.58
Large Stormwater CIP
$7,081,981
$0
$7,081,981
$0
(S568,276)
($568.276)
56.86
CIP (other than Village Creek Regional Project)
$17,536,981
($952,881)
$16,584,100 s?
$0
($1,330,751)
($1,330,751)
$16.07
Regional Stormwater Capital Improvement Projects
2 Village Creek Regional Watershed Improvement Project
$32,897,000
(S21,931.333)
$10,965,667
(S879,913)
(S879.913)
510.63
Total Future Stormwater CIP Bond Funded Program
$0
$50,433,981
$22,884,214
$27,549,767
$0
$2,210,665
$2,210,665
$26.70
TOTAL FUTURE STORMWATER PROGRAM COSTS
$288,908
$50,433,981
($22,884,214)
$27,549,767
($288,908)
($2,210,665)
($2,499,573)
$30.19
Stormwater Projects Funded with Cash in FY2008
3 Stormwater Improvement Projects
$84,317
$0
$84,317 ? --
1 Stormwater Utility Implementation
$99,860
$0 1
$99,860 "9
Stormwater Projects Funded with Cash in FY2008
$184,177
$0 1
$184,177
Inflated 5% annually from FY2010 values.
Annual debt service payment for 20 year bonds financed at 5 %.
Palmer Price, Inc. 22 : :: HALFF
cdm) FY2010 Stormwater Planning and Design
Oak Hill (Phase 1), Colonial CT Erosion Control, Design
Stormwater Design Criteria Manual
Village Creek Watershed Improvement Plan
=y Detailed Hydraulic and Hydrological Model
Definition of Costs versus Benefits of Possible Improvements
Identification of Grants and Regionally Funded Projects
Long -term Funding Program for Identified Improvements
Palmer Price, inc. 23 :
ENE
:: HALFF
C ,Bond Funding Alternatives
e
d .. Revenue Bonds
Stormwater revenues pledged for payment
One year of debt service reserve required
Does NOT required bond election
Need 6 to 12 months revenue stream ......... probably higher interest rate
General Obligation (GO) Bonds
More funds available for debt service payment.....no reserve
Property tax revenues pledged for payment
NO debt service reserve required
Citizens must vote to increase tax rate allocated to debt service
_& Tax and Revenue Certificates of Obligation (COs)
More funds available for debt service payment.....no reserve
Stormwater revenues pledged for payment
Tax revenues also pledged behind stormwater revenues
NO debt service reserve required
Does NOT required bond election
- Need 3 to 6 months revenue stream ......... lower interest rate
Palmer Price, inc. 24 ::: HALFF
Residential Parcels:
(Single Family, Town Homes, Duplex, Triplex, Quadplex)
Fee = Flat Rate per ERU (dwelling unit) per month, based on schedule
Non- Residential Parcels:
(Commercial, Industrial, Institutional, Apartments, Home Owners' Associations)
Fee = Allocated
Portion of Impervious Area on
the
Parcel in square feet (SF)
times
Rate per SF per month, based
on
schedule
Palmer Price, Inc. 25 : :: HALFF
Non
Kennedale Stormwater Fee Depends on
� the Land Use and Impervious Area
Non - Residential (Commercial) Fees based on $3.00 for an ERU = 2,800 SF of Impervious Area
1,000,000 SF = $1,080.00
= 357 ERUs
1 SF = $0.00108
1,000 SF = $1.08
1,000,000 SF = $1,080.00
200,000 SF 300,000 SF
_ $ 216.00 = $ 324.00
500,000 SF = $ 540.00
1,000,000 SF = $1,080.00
5,000 SF
_ $ 5.40
10,000 SF
_ $ 10.80
1,000,000 SF = $1,080.00
Residential Fees based on $3.00 for an average Equivalent Residential Unit (ERU)
SF
ERU
TH
D X
RP
Q PX
ERU— 2 S
Single
In Kennedtile Family
Town
Horne
Duplex
Triplex
Quadplex
One
One
Two
Three
Four
ERU
ERU
ERU
ERU
ERU
$3.00
$3.00
$6.00
$9.00
$12.00
300,000 SF
_ $324.00
400,000 SF
= $ 432.00
220,000 SF
_ $ 237.60
20,000 SF
_ $ 21.60
40,000 SF
= $ 43.20
Palmer Price, Inc. 26 ;;; HALFF
Stormwater Utility Fees in Other Cities
d e
N
U-
i
3
E
O
-
O
2
co
co Typical Single Family Residential Parcel
..�
iR C
Based on 2,800 SF of Impervious Area
O
(November 2009 Survey)
O 4 0
ER
00
r-o
L0
ER�
00
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OOOO
X00000
ER ER ER ER v v
N O O O O O O
Mh 0 0 0 0 0 0 N 0
opnnQ4nnnnn�` -64
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in 0 E �} �.� �Ucn °gy c � °� 2 0 �" E}
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Compiled Courtesy of Palmer Price, Inc.
Not for Distribution
0
0
N
O
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M
6R
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V N N N O O( 2 S
ER V V V'OOOOOO��OOOOON(fl
ER ER 6 - q Mmcvj 02282 V M
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Efl ER M M M M CM (+M M nj r r"' O O O
ER ER ER ER ER ER ER ERN N
6" C "
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Hu
$14
r $12
$10
i
$8
$6
� $4
$2
$0
a)
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>
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2E c�u 22
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U-
o Y
Z p Currently reviewing rates
Citi
❑ Pending City Council Action
Palmer Price, Inc. 27 : :: HALFF
mom
..) NonwResidential Stormwater Fees
Monthly ERU Fee
Rate per SF
$3.00
$0.00108
$3.50
$0.00125
$4.00
$0.00143
$4.50
$0.00161
$5.00
$0.00179
$5.50
$0.00197
$6.00
$0.00215
$6.50
$0.00233
$7.00
$0.00250
$7.50
$0.00268
1 ERU 2,800
SF
$3.00
$3.50
$4.00
$4.50
$5.00
$5.50
$6.00
$6.50
$7.00
$7.50
357 ERU 1,000,000
SF
$1,080.00
$1,250.00
$1,430.00
$1,610.00
$1,790.00
$1,970.00
$2,150.00
$2,330.00
$2,500.00
$2
500,000
SF
$540.00
$625.00
$715.00
$805.00
$895.00
$985.00
$1,075.00
$1,165.00
$1,250.00
$1,340.00
400,000
SF
$432.00
$500.00
$572.00
$644.00
$716.00
$788.00
$860.00
$932.00
$1,000.00
$1,072.00
300,000
SF
$324.00
$375.00
$429.00
$483.00
$537.00
$591.00
$645.00
$699.00
$750.00
$804.00
220,000
SF
$237.60
$275.00
$314.60
$354.20
$393.80
$433.40
$473.00
$512.60
$550.00
$589.60
200,000
SF
$216.00
$250.00
$286.00
$322.00
$358.00
$394.00
$430.00
$466.00
$500.00
$536.00
40,000
SF
$43.20
$50.00
$57.20
$64.40
$71.60
$78.80
$86.00
$93.20
$100.00
$107.20
20,000
SF
$21.60
$25.00
$28.60
$32.20
$35.80
$39.40
$43.00
$46.60
$50.00
$53.60
10,000
SF
$10.80
$12.50
$14.30
$16.10
$17.90
$19.70
$21.50
$23.30
$25.00
$26.80
5,000
SF
$5.40
$6.25
$7.15
$8.05
$8.95
$9.85
$10.75
$11.65
$12.50
$13.40
1 Acre 37,026
SF
$39.99
$46.28
$52.95
$59.61
$66.28
$72.94
$79.61
$86.27
$92.57
$99.23
10 Acres 370,260
SF
$399.88
$462.83
$529.47
$596.12
$662.77
$729.41
$796.06
$862.71
$925.65
$992.30
Palmer Price, Inc. 28 ::: HALFF
■■■
Stormwater Fees for Larger
Non - Residential Properties
d
Property
Impervious
Percent of
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
Owner
Area
Total
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Impervious
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
SW Fee
(SF)
Area 1
$0.00108 1
$0.00125 1
$0.00143 1
$0.00161 1
$0.00179 1
$0.00197 1
$0.00215 1
$0.00233 1
$0.00250 1
$0.00268
Single Family Residence (ERU)
2,800
$3.00
$3.50
$4.00
$4.50
$5.00
$5.50
$6.00
$6.50
$7.00
$7.50
Texas Raceways
3,078,701
8.9%
$3,325.00
$3,848.38
$4,402.54
$4,956.71
$5,510.87
$6,065.04
$6,619.21
$7,173.37
$7,696.75
$8,250.92
FWT Inc.
2,010,582
5.8%
$2,171.43
$2,513.23
$2,875.13
$3,237.04
$3,598.94
$3,960.85
$4,322.75
$4,684.66
$5,026.46
$5,388.36
Cowtown Speedway
1,364,541
4.0%
$1,473.70
$1,705.68
$1,951.29
$2,196.91
$2,442.53
$2,688.15
$2,933.76
$3,179.38
$3,411.35
$3,656.97
Kennedale Speedway Park
1,523,157
4.4%
$1,645.01
$1,903.95
$2,178.11
$2,452.28
$2,726.45
$3,000.62
$3,274.79
$3,548.96
$3,807.89
$4,082.06
Harrison Jet Guns II LP
590,863
1.7%
$638.13
$738.58
$844.93
$951.29
$1,057.64
$1,164.00
$1,270.36
$1,376.71
$1,477.16
$1,583.51
AB's 1 Salvage
571,749
1.7%
$617.49
$714.69
$817.60
$920.52
$1,023.43
$1,126.35
$1,229.26
$1,332.18
$1,429.37
$1,532.29
Speed Fab -Crete Corp.
557,604
1.6%
$602.21
$697.01
$797.37
$897.74
$998.11
$1,098.48
$1,198.85
$1,299.22
$1,394.01
$1,494.38
CIVIC Repar - Central
547,445
1.6%
$591.24
$684.31
$782.85
$881.39
$979.93
$1,078.47
$1,177.01
$1,275.55
$1,368.61
$1,467.15
Hawk Steel Industries, Inc.
502,221
1.5%
$542.40
$627.78
$718.18
$808.58
$898.98
$989.38
$1,079.78
$1,170.17
$1,255.55
$1,345.95
Apache Auto Salvage
497,378
1.4%
$537.17
$621.72
$711.25
$800.78
$890.31
$979.83
$1,069.36
$1,158.89
$1,243.45
$1,332.97
Goss International Americans, Inc.
481,444
1.4%
$519.96
$601.81
$688.46
$775.12
$861.78
$948.44
$1,035.10
$1,121.76
$1,203.61
$1,290.27
Walmart Parking
458,000
1.3%
$494.64
$572.50
$654.94
$737.38
$819.82
$902.26
$984.70
$1,067.14
$1,145.00
$1,227.44
Bloxom Park Parcels
452,322
1.3%
$488.51
$565.40
$646.82
$728.24
$809.66
$891.07
$972.49
$1,053.91
$1,130.81
$1,212.22
Auto Sales
421,580
1.2%
$455.31
$526.98
$602.86
$678.74
$754.63
$830.51
$906.40
$982.28
$1,053.95
$1,129.83
Greenleaf Auto Recyclers
380,785
1.1%
$411.25
$475.98
$544.52
$613.06
$681.61
$750.15
$818.69
$887.23
$951.96
$1,020.50
Toyota Heaven
316,915
0.9%
$342.27
$396.14
$453.19
$510.23
$567.28
$624.32
$681.37
$738.41
$792.29
$849.33
Circle C Construction
268,915
0.8%
$290.43
$336.14
$384.55
$432.95
$481.36
$529.76
$578.17
$626.57
$672.29
$720.69
A & A Salvage
251,954
0.7%
$272.11
$314.94
$360.29
$405.65
$451.00
$496.35
$541.70
$587.05
$629.89
$675.24
Driver Pipeline Co Inc.
257,716
0.7%
$278.33
$322.15
$368.53
$414.92
$461.31
$507.70
$554.09
$600.48
$644.29
$690.68
Eric's Towing
239,812
0.7%
$259.00
$299.77
$342.93
$386.10
$429.26
$472.43
$515.60
$558.76
$599.53
$642.70
Ark Contracting Services
219,794
0.6%
$237.38
$274.74
$314.31
$353.87
$393.43
$432.99
$472.56
$512.12
$549.49
$589.05
Jazz Auto Repair
207,139
0.6%
$223.71
$258.92
$296.21
$333.49
$370.78
$408.06
$445.35
$482.63
$517.85
$555.13
Apple Import Auto
149,153
0.4%
$161.09
$186.44
$213.29
$240.14
$266.98
$293.83
$320.68
$347.53
$372.88
$399.73
Eagle Pipeline
201,522
0.6%
$217.64
$251.90
$288.18
$324.45
$360.72
$397.00
$433.27
$469.55
$503.81
$540.08
Kennedale Camper Sales
196,310
0.6%
$212.01
$245.39
$280.72
$316.06
$351.39
$386.73
$422.07
$457.40
$490.78
$526.11
U S Galvanizing
188,370
0.5%
$203.44
$235.46
$269.37
$303.28
$337.18
$371.09
$405.00
$438.90
$47_0.93
$504.83
15,935,972
46.2%
Palmer Price, Inc. 29 ;;; HALFF
dj Bill Vacant Non-Residential Tenant
Accounts to Property Owner
nbcastom Wed Jam-02.209 02:31-06 pm
sciatic City Storm Drainage Nlaintemance
192.168.1.135
Account number
001-0009840-001
Customer name
�"F_ "L_
Service address description
;&Wl BENBROOK BLVD
Override mailing address I
;po wX 64
Override mailing address 2
1
Override mailing city
NORCROSS
Override mailing zip
3009 1-64 58
Service. rate: units
- --- -
:WT*2: X_SM2:1_DR:2:1 - ---- -
Drainage start date
10,'01:�2007
Drainage rate code
2 i", n age - Com I - I
Drainage dwelling units
2329-1-2
Impervious area (1,000 SF)
23,28200
Tax id number
40460037
Land use
2 - 1ndGVr,a1
Service address comment
Last bill
32fO5J2007 547.50
Wate
* City of Benbrook and Richland Hills are currently billing Owners of Vacant Non-Residential Accounts
with same Utility Billing System (UBS).
Palmer Price, Inc. 30 ::: HALFF
MEE
St" Inc.
G...mw�e W s.fd.are S*Wban
StW tm, IM 2002
Account status
Active
City Omit code
1
Override billing state
]GA
Override carrier route
8075
Drainage end date
Drainage status
Actrwe
Bill drainage
Yes -
GIS code
2329-1-2
Last a4ij 0
0
Wate
* City of Benbrook and Richland Hills are currently billing Owners of Vacant Non-Residential Accounts
with same Utility Billing System (UBS).
Palmer Price, Inc. 30 ::: HALFF
MEE
Anticipated FY2010 and FY2011
CdM) Stormwater Utility Activities
Stormwater Utility Projects
FY2010
FY2010
Stormwater
Monthly
Utility
ERU
Expenditures
Stormwater
$30,000
Fee
FY2011
Stormwater
Utility
Expenditures
FY2011
Monthly
ERU
Stormwater
Fee
FY2010 Stormwater Utility Expenditures
Village Creek Study Matching Funds
Stormwater Design Manual Update
Septic versus Sewer, Stormwater Infiltration /Inflow Testing
Tarrant County Ditch Maintenance
Temporary Flagmen for Ditch Maintenance
Oak Hill (Phase 1), Colonial CT Erosion Control, Design
FY2010 Stormwater Utility Expenditures
FY2011 Stormwater Utility Expenditures
Stormwater General Fund Activities
TCEQ Regulatory Program Compliance
Tarrant County Ditch Maintenance
Temporary Flagmen for Ditch Maintenance
Creek Access Ramps and Easements Purchase Projects
Oak Hill (Phase 1), Colonial CT Erosion Control, Construction
FY2011 Stormwater Utility Expenditures
$100,000
$1.21
$40,000
$0.48
$30,000
$0.36
$25,000
$0.30
$25,000
$0.30
$8,700
$0.11
$228,700
$2.76
$40,950
$0.49
$52,500
$0.63
$26,250
$0.32
$26,250
$0.32
$78,750
$0.95
$82,215
$0.99
$306,915
$3.71
Palmer Price, inc. 31 ;;; HALFF
Kennedale Tax and Revenue Bonds
d � Available with Various
ERU Fee Increase Schedules
FY 2010 Annual
FY 2019 10 Years
10 -Year
10 Years
Revenues
Tax and
Percent of
ERU Increase
ERU of
Annualized
of
Remaining
Revenue
Capital
Fee over
Fee SW Utility
ERU Fee
Expenses
over 10 Years
Bonds
Improvement
10 Years
Revenue
for
for
for New CIP
Available
Projects
No Increase
$4.50
Enhanced
Enhanced
Debt
for CIP
Funded
38%
$5.00
O &M
O &M
Service
($FY2010)
($ FY 2 010)
$3.00
No Increase
$3.00
$2,491,980
($3.49)
($2,889,000)
($397,020)
$0
0%
$3.50
No Increase
$3.50
$2,907,310
($3.49)
($2,889,000)
$18,310
$228,183
1%
$4.00
No Increase
$4.00
$3,322,640
($3.49)
($2,889,000)
$433,640
$5,404,113
20%
$4.50
No Increase
$4.50
$3,737,970
($3.49)
($2,889,000)
$848,970
$10,580,043
38%
$5.00
No Increase
$5.00
$4,153,300
($3.49)
($2,889,000)
$1,264,300
$15,755,973
57%
$5.50
No Increase
$5.50
$4,568,630
($3.49)
($2,889,000)
$1,679,630
$20,931,902
76%
$6.00
No Increase
$6.00
$4,983,960
($3.49)
($2,889,000)
$2,094,960
$26,107,832
95%
2.50
0.50
7.00
$3,945,635
3.49
($2,889.000)
$13,168,008
48%
$3.00
$0.50
$7.50
$4
$3.49
($2
$1
$18,343
67%
$3.50
$0.50
$8.00
$4,776,295
($3.49)
($2,889,000)
$1,887,295
$23,519,867
85%
$4.00
$0.50
$8.50
$5,191,625
($3.49)
($2,889,000)
$2,302,625
$28,695,797
104%
Kennedale Stormwater
Bonds Needed
$27,549,767
Palmer Price, inc. 32 :
MEN
:: HALFF
Fiscal Monthly Monthly
Year Residential Non - Residential
Fee Rate per SF of
per ERU Impervious Area
FY
2010
$3.00
$0.00108
FY
2011
$3.50
$0.00125
FY
2012
$4.00
$0.00143
FY
2013
$4.50
$0.00161
FY
2014
$5.00
$0.00179
FY
2015
$5.50
$0.00197
FY
2016
$6.00
$0.00215
FY
2017
$6.50
$0.00233
FY
2018
$7.00
$0.00250
FY
2019
$7.50
$0.00268
Palmer Price, Inc.
33
;;; HALFF
r Possible Additional
Exemptions
Churches .................pa water
Y ,sewer and garbage unlit ,ill
Y
-. Public Schools . ....... � Fort Worth bills FWISD
........Arlington does not bill AISD or
KISD
........ Mansfield bills MISD
55 Texas Cities with Percent with
Stormwater Utilities h
Exemptions
Exemptions:
city
County 67%
Federal 29%
Religious organizations 13%
ISD /Schools 4%
31%
Palmer Price, 1,
34
son HALFF
c . ) Stormwater Fees for Churches
ea
Religious Organization Address Impervious Monthly Annual
Area Stormwater Stormwater
(SF) Fee Fee
single Family ERU r3.00 .
Commercial Rate per 1,000 SF $1.08
Life Fellowship Church
611 N Little School RD
106,692
$115.23
$1,382.73
First Baptist Church
309 N Kenney ST
49,136
$53.07
$636.80
Convenant Baptist Church
601 Wildcat WAY
46,223
$49.92
$599.05
Iglesia Evangel Christian Esp
400 Mansfield Cardinal RD
36,439
$39.35
$472.25
First Bible Baptist Church
209 3rd ST
34,841
$37.63
$451.54
First United Methodist Church
209 Spiller ST
28,926
$31.24
$374.88
Kennedale Church of Christ
102 N New Hope RD
27,807
$30.03
$360.38
Tabernacle of Praise Church
929 Bowman Springs RD
24,644
$26.62
$319.39
Family Fellowship Church
6741 Oak Crest DR
23,609
$25.50
$305.97
Christ Chapel Bible Church
7336 Batchelor RD
22,647
$24.46
$293.51
Church of Christ
116 E Broadway ST
11,853
$12.80
$153.61
412,817
$445.84
$5,350.11
Palmer Price, inc. 35 : :: HALFF
MEN
Monthly Fees after Exemptions
e
Property Type
with Draft Exempt Exempt
Ordinance Churches Churches
Exemptions & KISD
Residential
1 Acre, 85% Commercial
Majestic's
Jazz Auto Repair
Speed Fab -Crete Corp.
FWT, Inc.
Possible Exemptions:
Churches
Kennedale ISD
Proposed Exemptions:
County Government
City of Kennedale
$3.00
$3.01
$3.05
$39.99
$40.08
$40.72
$34.36
$34.44
$34.98
$223.71
$224.22
$227.79
$602.21
$603.60
$613.21
$2,171.43
$2,176.41
$2,211.09
$445.81 $0.00 $0.00
$2,817.19 $2,823.66 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Palmer Price, Inc. 36 :
son
:: HALFF
C Community Notifications
e
Kennedale Community Newsletter:
City's ongoing stormwater activities, November 2009
Council is considering a Stormwater Utility, December 2009
Ordinances published in the Star Telegram:
December 11, 2009
December 18, 2009
January 08, 2009
Public Hearing:
Reading of Ordinances on January 14, 2010
First Revised Stormwater Utility Billing:
January 29, 2010 Utility Billing
Questions and Answer Brochure with 1St Utility Bill
Palmer Price, inc. 37 : :: HALFF
mom
City Council Actions Needed
on December 10., 2009
Approve Publication of Draft Ordinances
in Star Telegram beginning December 12, 2009:
-- Ordinance 1:
draft of Stormwater Utility Operational Rules
- Ordinance 2:
draft of Stormwater Utility Fee Rates
Palmer Price, Inc. 38 ;;; HALFF
CdU City Council Actions Needed
eon January 1 2009
Hold Public Hearing to Consider:
Ordinance 1:
establish Stormwater Utility Operational Rules
, 2:
establish Stormwater Utility Fee Rates
Vote on Stormwater Utility Ordinances
Vote on 10 -Year Rate Schedule
Palmer Price, Inc. 39 MEN HALFF
Staff Report
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No: IX
Subject: Visitor /Citizens Forum
Originated by: Kathy Turner, City Secretary
Summary: At this time, any person with business before the Council not scheduled on the
agenda may speak to the Council. No formal action can be taken on these items at
this meeting.
Recommendation:
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No: X.
Subject: Reports /Announcements
Originated by: Kathy Turner, City Secretary
Summary: Reports /Announcements
In addition to any specific matters listed below, the city council may receive a report
about items of community interest, including but not limited to recognition of
individual officials, citizens or departments, information regarding holiday
schedules, upcoming or attended events, etc.
A. Mayor
1. Introduce Mayor for the Day winner
2. Veterans Appreciation
B. City Council
C. City Manager
1. Presentation of Certificate of Achievement for Excellence in Financial
Reporting to Director of Finance, Sakura Moten - Dedrick.
Recommendation:
Disposition by Council:
Staff Repot
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No:
Subject: Consent Agenda
Originated by: Kathy Turner, City Secretary
Summary: The following items have been placed under Consent Agenda. These items are
considered to be routine and self - explanatory by the Council and will be enacted
with one motion. There will be no separate discussion of these items unless a
Councilmember requests that an item be removed from the Consent Agenda and be
considered, in sequence, as a routine agenda item.
Recommendation: Staff recommends approval.
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: October 29, 2009
Agenda Item No: XI -A.
Subject: Approval of regular meeting minutes dated November 5, 2009.
Originated by: Kathy Turner, City Secretary
Summary: Meeting minutes dated November 5, 2009 are attached for your review and
consideration.
Recommendation: RECOMMEND APPROVAL
Disposition by Council:
3448
MINUT
KENNEDALE C11
REGU
405 MUNICH
1. CALL TO ORDER
CIL
ER 5. 2009
JNICIPAL BLDG.
With a quorum present, Mayor, Bryan Lankhorst called the meeting to order at 5:35 p.m.
II. ROLL CALL
City Secretary, Kathy Turner called roll with the following person's present /absent:
Council present: Bryan Lankhorst
John Clark
David Green
Brian Johnson
Kelly Turner
.ferry Miller
Staff present: Bob Hart
Wayne K. Olson
Kathy Turner
Sakura Dedrick
Amy Owens
Rachel Roberts
Tommy Williams
Mike McMurray
Larry Ledbetter
III. WORK SESSION
A. Discuss Stormwater Utility System.
Mayor
Mayor Pro -Tem, Place I
Councilmember, Place 2
Councilmember, Place 3
Councilmember, Place 4
ColmCllmember, Place 5
City Manager
Legal Counsel
City Secretary
Director of Finance
Utility Billing Administrator
Planner
Chief of Police
Fire Chief
Director of Public Works
Bob Hart, City Manager began the discussion on the Clean Water Act, Phase I
Storm Water Program by providing background information on mandates handed
down from Congress to cities to regulate stormwater run -off.
Next, Diane Palmer with Palmer Price, Inc. provided a PowerPoint Presentation
regarding all facets related to Stormwater Utility Implementation.
Palmer indicated that additional steps were taken to catalog all known stormwater
issues throughout town, identify those issues that were related to drainage, and
provide a high level estimate of what it would take to solve the problems.
Also, bond - funding alternatives, anticipated budget reflecting top priority projects,
proposed 10 -year rate schedule, and public notification requirements were
discussed.
344!
B. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager addressed the pros and cons of engaging a lobbying firm
on behall'ofthe City to help secure earmarked funds for future capital projects.
Next, Hart spoke on the re- branding and image of Kennedale. Hart indicated the
need to kick -off the process to gather the task force chairs along with the advisory
boards to start the process in order to unveil a new Kennedale in March 2012.
IV. REGULAR SESSION
Mayor Bryan Lankhorst called regular session to order at 7:05 p.m.
V. INVOCATION
City Manager, Bob Hart gave the Invocation.
Vl. US PLEDGE OF ALLEGIANCE
Mayor Lankhorst led the US Pledge of Allegiance.
VII. TEXAS PLEDGE OF ALLEGIANCE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One
and Indivisible."
Mayor Lankhorst led the Texas Pledge of Allegiance.
VIII. VISITOR /CITIZENS FORUM
Pat Doescher, Chairman with the Kennedale Chamber of Commerce addressed upcoming
meetings, which included the monthly Business after Hours scheduled for November 10'
from 5:30 p.m. to 7:00 p.m. at the Kennedale Fire Department. Mrs. Doescher asked
participants to bring an unwrapped toy to the November meeting, as all toys gathered
would benefit the Kennedale Fire Department Angel Tree.
Next, Mrs. Doescher spoke of the Networking Luncheon scheduled for November 18 ° '
from 11:30 a.m. to 1:00 p.m., at the Life Fellowship Church. Doescher indicated that the
Tarrant Area Food Bank Representative Bo Soderbergh would address hunger in the
community and the Tarrant Area Food Bank's role in addressing the problem. Also, she
indicated that canned food donations would be accepted.
Jill Lewis of 1224 Peggy Lane, Kennedale, TX addressed Council in regards to water
drainage problems between neighboring properties. Ms. Lewis requested a drainage
ditch be installed between her and her neighbors adjoining property lines, as stagnant
water had been standing for weeks and mosquito problems were arising.
3450
IX. REPORTS /ANNOUNCEMENTS
A. City Manager
Presentation of Meritorious Conduct Award to Detective Stephen Dagnell.
Chief of Police, Tommy Williams presented a Meritorious Conduct Award to
Detective Stephen Dagnell for his off -duty conduct in assisting Tarrant
County with a crash victim on his way home on April 12, 2009.
Bob Hart, City Manager announced the Senior Citizen Center Veteran's
Recognition scheduled for Wednesday, November 1 V" to begin at 10:00 a.m., and
reminded attendees of the Annual Christmas Tree Lighting Ceremony scheduled
for Tuesday, December l" to begin at 6 p.rn.
B. Mayor
Mayor, Bryan Lankhorst announced the Rocking H Ranch Christmas Celebration
scheduled for Friday, December 4"' to begin at 7:00 p.m. Mayor Lankhorst said
the purpose of the celebration is to kick off a toy drive for all the children in the
community, and asked that each person bring an unwrapped toy in attendance.
Next, Mayor Lankhorst read a couple of "Thank You" notes provided from the
second grade students at .lames F. Delaney Elementary School to Council who
addressed the second grade class on the matter of serving as a local elected official.
C. City Council
COUnclimember Green announced the upcoming Youth Advisory Council (YAC)
Movie Night scheduled for Saturday, November 7"' in the Kennedale TownCenter
Park. Green said activities would kick off with a performance by the KHS
Cheerleaders along with the Crazy Kats, followed by a jack -o- lantern- carving
contest, and conclude with the movie "Monster House" showing. Green also
indicated that concessions would be available.
Next, Councilmember Green inquired about the chiming of the Clock Tower and
timeliness of the chimes.
Council member Johnson welcomed his government students from Tarrant County
College.
Councilmember Turner expressed his gratitude towards the Kennedale Fire
Department and their extensive training accomplishments through Tarrant County
College.
Mayor Pro -Tem Clark expressed his appreciation to the COUncilmembers who
addressed the second grade class at James F. Delaney Elementary, and thanked the
City Secretary for taking the time to post the required notice on a Saturday.
X. CONSENT AGENDA
A. Approval of regular meeting minutes dated September 10, 2009.
B. Approval of Resolution No. 294, Declaring certain property surplus and /or salvage
and authorizing sale of said property.
3451
C. Approval of Resolution No. 295, Authorizing participation in Cooperative
Purchasing Programs.
D. Approval of Resolution No. 296, Adopting an amended City of Kennedale Fraud
Policy.
E. Approval of Resolution No. 297, Adopting an amended City of Kennedale
Investment Policy.
F. Approval of Resolution No. 298, Adopting an amended City of Kennedale Identity
Theft Prevention Program (ITPP).
G. Approval of Resolution No. 299, Adopting an amended City of Kennedale
Purchasing Policy.
H. Approval of Resolution No. 300, Adopting an amended City of Kennedale
Financial Management Policy.
1. Approval to appoint KEDC member to serve on the Keep Kennedale Beautiful
Commission.
J. .Approval of final payment for reconstruction of Pennsylvania Avenue.
K. Approval of shared construction cost of sanitary sewer line to serve Eden
Road /Mansfield Cardinal Road.
COUncllmernber Johnson moved to approve consent agenda items A -K as
presented, second by COUncilmember Green. Motion carried (5 -0).
X1. REGULAR ITEMS
L. Review and consider action to authorize staffto proceed with publication of public
hearing notice and required ordinance for Stormwater Utility System.
Council recommended item be brought back for more discussion detailing capital
projects to be funded and costs associated with such, further review of impervious
properties, and provide a plan to educate the public on mandates that have resulted
in required stormwater fees during the December meeting.
Councilmember Johnson moved to table the item, and to schedule another
workshop on the December 10 "' agenda, second by Mayor Pro -Tern Clark. Motion
carried (5 -0).
M. Public Hearing, Review and Consider action to authorize the City Manager to
execute an Oil and Gas Lease for Oak Crest Properties.
I . Staff summary of oil and gas lease.
Bob I fart, City Manager indicated that one bid was received but did not meet
minimum requirements of said bid.
Legal Counsel. Wayne K. Olson advised that State Law does not require
cities to bid out mineral interest; however since the City did bid and bid
3452
doesn't meet minimum requirements, Olson recommended Council reject the
bid for non compliance. However, Olson indicated Council could direct staff
u to negotiate a contract, and place or► future agenda for consideration.
2. Public Hearing
Mayor Lankhorst opened the public hearing at 7:39 p.m. With no
registrations on the subject, Mayor Lankhorst concluded the public hearing at
7:40 p.m.
Staff response, if needed — No response.
4. Action to authorize City Manager to execute said lease for Oak Crest
Properties.
Councilmember Johnson moved to deny execution of oil and gas lease bid.
Mayor Pro -Tem Clark asked Councilmember Johnson if he would amend his
motion to authorize the City Manager to continue to negotiate for a lease for
said properties in the Oak Crest Addition.
Councilmember Johnson so moved to amend his motion to allow the City
Manager to negotiate a contract for said properties in the Oak Crest Addition.
Mayor Pro-Tern Clark seconded the motion with amendment and motion
carried with all members voting in favor (5 -0).
N. Review and consider action to authorize the Mayor to execute a Guaranteed Energy
Savings Performance Contract with Energy Systems Group for an air conditioning,
heating, and ventilation system at the Police Department, and for lighting fixtures
at the Police. City Hall, and Public Works Departments, Senior Citizen Center, and
Fire Station.
Mayor Pro -Tem Clark moved to authorize the City Manager to execute a
Guaranteed Energy Savings Performance Contract with Energy Systems Group for
an air conditioning, heating, and ventilation system at the Police Department, and
for lighting fixtures at the Police, City Hall, and Public Works Departments, Senior
Citizen Center, and Fire Station contingent upon legal issues being resolved by
both parties prior to signing of contract. Motion seconded by Councilmember
Miller. Motion carried (5 -0).
o. Review and consider action to approve Resolution No. 301, Authorizing the City to
apply for the Energy Efficiency and Conservation Block Grant (EECGB) Program.
Councilmember Green moved to approve Resolution No. 301, authorizing the city
to apply for the Energy Efficiency and Conservation Block Grant, second by
Councilmember Turner. Motion carried (5 -0).
P. Review and consider action to approve Ordinance No. 444, Adopting an amended
Administrative Fee Schedule to amend fees and charges for certain city services.
Councilmember Turner moved to approve Ordinance No. 444, adopting an
amended Administrative Fee Schedule, second by Councilmember Miller. Motion
carried (5 -0).
3453
Q. Review and consider action to cast votes for candidates to the Board of Tarrant
Appraisal District.
Mayor Pro -Tem Clark moved to cast 7 collective votes for candidate Joe Potthoff,
second by Councilmember Miller. Motion carried (5 -0).
R. Review and consider action to approve Ordinance No. 445, Adding a new Article
VIII `Backflow Prevention" to Chapter 23 of the Kennedale City Code of
Ordinances (1991), as amended, to regulate backflow prevention assemblies and to
require the registration of licensed backflow prevention assembly technicians.
Councilmember Johnson moved to approve Ordinance No. 445, adding a new
Article VIII "Backflow Prevention" to Chapter 23 of the Kennedale City Code of
Ordinances (1991), as amended, to regulate backflow prevention assemblies and to
require the registration of licensed backflow prevention assembly technicians,
second by Councilmember Green. Motion carried (5 -0).
S. Discuss branding and imaging campaign process.
No additional discussion took place on this item, as it was addressed during the
work session.
T. Discuss needs and /or opportunities to engage a lobbying firm.
No additional discussion took place on this item, as it was addressed during the
work session.
With no further discussion, Mayor Lankhorst recessed the meeting at 8:17 p.m. to
enter into executive session.
XII. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.071 of the
Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules
of Professional Conduct may conflict with the Open Meetings Act, including
discussion on any item posted on the agenda.
Phillip Vallejo, et al vs. Patco Utilities, Inc. et al, Cause No. 096- 240569 -09
B. The City Council will meet in closed session pursuant to Section 551.072 of the
"Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property for the following:
1. Expansion of Sonora Park
2. TownCenter Development
3. Bowman Springs Road re- alignment properties
4. Sublett Road re- alignment properties
5. Little School Road re- alignment properties
6. New Hope Road property for water -line extension
7. Acquisition of properties in Oak Crest
C. The City Council will meet in closed session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
3454
business prospect with which the city is conducting economic development
negotiations.
XIII. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor Lankhorst reconvened into open session at 9:22 p.m. with no action taken on
executive session items.
XIV. ADJOURNMENT
There being no further discussion, Mayor Lankhorst asked for a motion to adjourn.
Councilmember Johnson so moved, and Councilmember Miller seconded the motion
with all members present voting in favor. Meeting adjourned at 9:25 p.m.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
Staff Report
To the Honorable Mayor and City Council
Date: December 5, 2009
Agenda Item No: XI -B
Subject: Approval of Quarterly Investment Report
Originated by: Sakura Moten - Dedrick, Dirctor of Finance
Summary: Both 2 nd and 3 rd Quarter Investment Reports are included for your review.
Recommended Motion:
Disposition by Council:
Page 1 of 1
CITY OF KENNEDALE
QUARTERLY INVESTMENT REPORT
(2 QUARTER AS OF JUNE 30, 2009)
The Quarterly Investment Report provides the City's investment portfolio position as of the report
period indicated above. Funds of the City are invested in accordance with the City of Kennedale
Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed on
November 5, 2009.
SUMMARY OF INVESTMENTS FOR THE QUARTER
45.7% of the City of Kennedale's Investments are owned by the Pooled Cash Fund. The following
funds own percentages of the remaining investments: $5.15M 1998 CO Bond Fund /2007 Refunding
(3.20 %), $2.735M 2007A CO Bond Fund (15.20 %), $2.9M 2007 CO Bond (6.40 %), and 2008 CO Bond
Fund (29.50 %). As of the report period indicated above, 60.10% of the City's investments are in
investment pools, while 1.8% are in reverse repurchase agreements in the form of a sweep account.
The remaining 38.10% are invested in three (3) money market savings accounts. Both the sweep and
money market savings accounts are collateralized by AAA rated securities.
TexPool, TexasTerm, and TexStar have all declared the following: 1) Their investment portfolios meet
the Public Funds Investment Act (PFIA), 2) they are rated as AAA money market funds by a nationally
recognized rating service, and 3) the Net Asset Value of the pools are maintained within the required
range at all times.
2009
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Beg Book Value (All)
15,553,040.05
15,878,196.11
-
-
Qtr Deposits
8,306,285.61
6,253,126.76
-
-
Qtr Withdrawals
8,010,817.65
6,882,286.14
-
-
Interest Earned
29,688.10
17,406.16
-
-
End Book Value (All)
15,878,196.11
16,266,442.89
-
-
Market Value
Of Investments
15,878,196.11
16,266,442.89
-
-
2008
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Beg Book Value (All)
12,340,730.67
13,083,728.51
11,874,306.46
15,782,234.92
Qtr Deposits
6,776,710.32
3,873,084.35
11,093,455
5,235,170.57
Qtr Withdrawals
6,149,708.93
(5,153,478.65 )
(7,254,837.25
5,522,697.06
Interest Earned
115,996.45
70,972.25
69,310.71
69,065.56
End Book Value (All)
13,083,728.51
11,874,306.46
15,782,234.92
15,563,773.99
Market Value
Of Investments
13,083,728.51
11,874,306.46
15,782,234.92
15,563,773.99
PORTFOLIO OF TERM INVESTMENTS
The City does not currently own any fixed term maturities.
PORTFOLIO OF AGENCY INVESTMENTS
The City does not currently own any agency securities.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety
of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all
investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the
City's investment risk constraints. The City does not purchase high -risk investments such as
derivatives. The following table indicates investment rates for the three -month period ending as of the
report period indicated above.
MONTH
TEXPOOL
TEXSTAR
TEXASTERM
T -BILLS
April-09
0.4762%
0.4984%
0.6291%
0.1168%
May-09
0.4326%
0.4620%
0.5526%
0.2810%
June -09
0.3939%
0.3693%
0.5021%
0.2523%
Average Rates
0.4342%
0.4432%
0.5613%
0.2167%
This Time Last Year
2.3306%
2.3019%
2.3752%
2.2483%
QUARTERLY RATE COMPARISON
1.2000'7
0.9000 "r„
0.6000; ,
0.3000";,,
0.000017
- -+*--- TEXPOOL --- * -- TEXSTAR TEXASTERM T -BILLS
The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently
being offered by the investment pools. Most funds were invested in the investment pool in order to
achieve the greatest liquidity while earning a competitive yield.
NEW REPORTING REQUIREMENTS
This report is in compliance with the investment strategies as approved and the Public Fund
Investment Act.
Sakura Moten - Dedrick, Director of Finance
Bob Hart, City Manager
Apr-09 May -09 Jun -09
DETAIL OF INVESTMENT POOLS
QUARTERLY REPORT
Period Ending June 30, 2009
SECURITY DESCRIPTION
ACCOUNT INFO
BEGINNING
BALANCE
DEPOSITS
WITHDRAWLS
INTERESTS EARNINGS
ENDING
BALANCE
Rpr -Oti Nlza <'9 J Q9
r -09 may-09 I Jun -09
Apr-09 I May-0 Jun -09
WELLS FARGO SAVINGS
6732114472
$
1,307,765.26
568.36
529.17
464.81
$ 1,309,317.60
WELLS FARGO SAVINGS DICK PRICE ROAD
3164097507
$
1
1,950.00
594.20
546.13
473.94
$ 1
WELLS FARGO SAVINGS 3 COUNTY ROAD
3164097499
$
2,989,578.23
1,176,40
1,082.60
939.50
$ 2 992,776.73
TEXPOOL CENTRAL DEPOSIT
44912208000001
$
1,937,870.49
139,91613
165,296.11
168,480,23
118,577.00
256,526.24
273,513.82
772.61
698.71
579.49
$ 1
TEXPOOL DEBT SERVICE
44912208000002
$
$
TEXPOOL $5.15M 1998 CO BOND
449/2208000003
$
780,739.65
147,244.08
139,738.50
83,21
232.78
195.95
$ 494,269.01
WELLS FARGO CHECKING PAYROLL
$
129,299.14
401,249,14
129,299.14
388,509.44
$ 12 739.70
TEXPOOL $2.735M 2007A CO BOND
449/2208000005
$
3,263,566.18
62.895.38
905,617.01
42,419.52
62,895.38
1,154.13
858.77
749.71
$ 27318,292.26
TEXPOOL $2.9M 2007 CO BOND
44912208000006
$
996 724.97
4,077.35
19,370.75
388.98
359.52
315.36
$ 974,340.73
TEXTERM DAILY
1079-00
$
1,642,821.56
849,48
771.35
67870
$ 1,645,121.09
TEXSTAR
22005.1330 -000
$
1
809.21
749.03
600.13
$ 1
E
$
S
TOTALS 1 $ 920,655.78 $ 294,595.25 $ 632,624.75 1 $ 1,177,465.44 $ 447,615.65 $ 864,657.14 1 $ 6,396.58 $5,828.06 $4,997.59 $ 14,999,272.89
DEPOSITS WITHDRAWLS INTERESTS
FOR QUARTERLY PERIOD ENDING: June -09 $1,847,875.78 $ 2,489,738.23 $17,222.23
DETAIL OF BANK INVESTMENTS
QUARTERLY REPORT
Period Ending June 30, 2009
)-% EEP AMTS THAT DAYS OF may-og I SWEEP AMTS DAYS OF ENDING
ACCOUNT INFO: BEGINNING I SWEEP AMTS DAYS O - 7 CANCEL MONT CANCEL MONTH
BANK INVESTMENTS BALANCE THAT CANCEL MONTH F pr Sw H BALANCE
f P A C,'- 'D N - ; ,%, �;U L 1� -
1 9 1 0C 05: $ 254,28100 1$ 267,170.001
'l AL UTS
INTEREST EARNED
TOTAL CHECKS
70fAL ELEC, 1,R0,NIC DEPITSI� FIANK DEB!-';,N' S"
BALANCE BEFORE SWEEPS
67.24 60.33 56.36
�43 - 1 , 92 50) 1 V? 5 3. 6, 7 � 0 0
180,030.32 206,712.06 73,086.38
BALANCE FORWARD 262,388.00 262,641.00 267,170.00
INVESTMENT SUMMARY
FOR THE 4TH QUARTER, 2009
April -09 through June -09
Security Coupon/ Settlement Maturity
Beginning
Deposits/
Withdrawls
Interests
Ending
Market
Unrealized
Security Description CUSIP Yield Date Date
Book Value
Purchases
Book Value
Value
Gain/ Loss
Share
BANKINVESTMENTS
WELLS FARGO CHECKING (SWEEP /CONSOL)
254,283.00
4,405,250.98
(4,392,547.91)
183.93
267,170.00
267,170.00
1 ei
WELLS FARGO SAVINGS
1
1,562.34
1,309,317.60
1,309,317.60
86%
WELLS FARGO SAVINGS (3 COUNTY ROAD)
2,989,578.23
3,198.50
2,992,776.73
2,992,776.73
196
WELLS FARGO SAVINGS (DICK PRICE ROAD)
1,510,087.20
-
(1,950.00)
1,614.27
1
1,509,751.47
99i
WELLS FARGO CHECKING (PAYROLL)
530,548,28
(517,808.58)
-
12,739.70
12,739.70
0,1%
INVESTMENT POOLS
TEXPOOL (CENTRAL DEPOSIT)
1,937,870.49
473,692.47
(648,617.06)
2,050.81
1,764,996.71
1,764,996.71
116%
TEXPOOL (DEBT SERVICE)
-
-
-
-
-
-
-
00%
TEXPOOL ($5.15M 1998 CO BOND /2007 REFUND)
780,739,65
(286,982.58)
511.94
494,269.01
494,269.01
32%
TEXPOOL ($2.735M 2007A CO BOND)
3,263,566.18
62,895.38
(1,010,931.91)
2,762.61
2,318,292.26
2,318,292,26
152%
TEXPOOL ($2.9M 2007 CO BOND)
996,724.97
-
(23,448.10)
1,063.86
974,340.73
974,34073
64%
TEXTERM DAILY
1,642,821.56
2,299.53
1,645,121.09
1,645,121.09
10.8%
TEXSTAR
1,975, 509.22
2,158.37
1,977,667.59
1,977,667.59
130%
M%
00%
00%
00i
FIXED TERM - MATURITIES
N/A
C.0%
0.0
CERTIFICATES OF DEPOSIT
N/A
Doi
AGENCY SECURITIES
N/A
o 0 r
00%
TREASURY SECURITIES
N/A
0 or
00i
COMMERCIAL PAPER
N/A
00%
TOTALS
$ 15,878,196.11
$ 6,253,126.76
$ (6,882,286.14)
$ 17,406.16
$ 15,266,442.89
$ 15,266,442.89
CITY OF KENNEDALE
QUARTERLY INVESTMENT REPORT
(3 QUARTER AS OF SEPTEMBER 30, 2009)
The Quarterly Investment Report provides the City's investment portfolio position as of the report
period indicated above. Funds of the City are invested in accordance with the City of Kennedale
Investment Policy as originally adopted on September 13, 2001 and subsequently reviewed on
November 5, 2009.
SUMMARY OF INVESTMENTS FOR THE QUARTER
43.8% of the City of Kennedale's Investments are owned by the Pooled Cash Fund. The following
funds own percentages of the remaining investments: $5.15M 1998 CO Bond Fund /2007 Refunding
(0.30 %), $2.735M 2007A CO Bond Fund (14.50 %), $2.9M 2007 CO Bond (7.30 %), and 2008 CO Bond
Fund (34.10 %). As of the report period indicated above, 54.10% of the City's investments are in
investment pools, while 1.9% are in reverse repurchase agreements in the form of a sweep account.
The remaining 44.00% are invested in three (3) money market savings accounts. Both the sweep and
money market savings accounts are collateralized by AAA rated securities.
TexPool, TexasTerm, and TexStar have all declared the following: 1) Their investment portfolios meet
the Public Funds Investment Act (PFIA), 2) they are rated as AAA money market funds by a nationally
recognized rating service, and 3) the Net Asset Value of the pools are maintained within the required
range at all times.
2009
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Beg Book Value (All)
15,553,040.05
15,878,196.11
15,266,442.89
-
Qtr Deposits
8,306,285.61
6,253,126.76
6,909,109.76
-
Qtr Withdrawals
8,010,817.65
6,882,286.14
5,628,252.76
-
Interest Earned
29,688.10
17,406.16
11,671.59
-
End Book Value (All)
15,878,196.11
16,266,442.89
13,224,827.38
-
Market Value
Of Investments
15,878,196.11
16,266,442.89
13,224,827.38
-
2008
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Beg Book Value (All)
12,340,730.67
13,083,728.51
11,874,306.46
15,782,234.92
Qtr Deposits
6,776,710.32
3,873,084.35
11,093,455
5,235,170.57
Qtr Withdrawals
6,149,708.93
5,153,478.65
(7,254,837.25 )
(5,522,697.06
Interest Earned
115,996.45
70,972.25
69,310.71
69,065.56
End Book Value (All)
13,083,728.51
11,874,306.46
15,782,234.92
15,563,773.99
Market Value
Of Investments
13,083,728.51
11,874,306.46
15,782,234.92
15,563,773.99
PORTFOLIO OF TERM INVESTMENTS
The City does not currently own any fixed term maturities.
PORTFOLIO OF AGENCY INVESTMENTS
The City does not currently own any agency securities.
INVESTMENT STRATEGIES
The City's main objectives in managing the portfolio are as follows: (1) to diversify and to ensure safety
of the principal, (2) to maintain sufficient liquidity to meet all operating requirements, (3) to make all
investments with prudent judgment and care, and (4) to attain a rate of return commensurate with the
City's investment risk constraints. The City does not purchase high -risk investments such as
derivatives. The following table indicates investment rates for the three -month period ending as of the
report period indicated above.
MONTH
TEXPOOL
TEXSTAR
TEXASTERM
T -BILLS
July-09
0.3840%
0.2629%
0.4183%
0.1716%
August-09
0.3800%
0.3089%
0.4128%
0.1893%
September-09
0.2822%
0.3232%
0.3726%
0.1763%
Average Rates
0.3487%
0.2983%
0.4012%
0.1791%
This Time Last Year
2.2658%
2.2327%
2.3540%
1.7026%
QUARTERLY RATE COMPARISON
12000
0.9000'11.
0.6000' 1
0.3000'%
0.0000' %,
- +- TEXPOOL - TEXSTAR TEXASTERM T -BILLS
The average 13 week T -Bill Rate that matures during this quarter was less than the rates currently
being offered by the investment pools. Most funds were invested in the investment pool in order to
achieve the greatest liquidity while earning a competitive yield.
NEW REPORTING REQUIREMENTS
This report is in compliance with the investment strategies as approved and the Public Fund
investment Act.
Sakura Moten - Dedrick, Director of Finance
Bob Hart, City Manager
Ju1-09 Aug -09 Sep -09
DETAIL OF INVESTMENT POOLS
QUARTERLY REPORT
Period Ending September 30, 2009
SECURITY DESCRIPTION
ACCOUNT INFO
BEGINNING
BALANCE
DEPOSITS
WITHDRAWLS
INTERESTS EARNINGS
ENDING
BALANCE
J -C9 C„u� - :r3 cnl + - UQ
Jul - 0'9 Aug -09 I Se -09
Jul -09 I Aug-09 I Sep-09
WELLS FARGO SAVINGS
6732114472
$
1
420.13
427.43
365.46
$ 1
WELLS FARGO SAVINGS IDICK PRICE ROAD
3164097507
$
1
1,950.00
420.46
429.26
259.73
$ 1
WELLS FARGO SAVINGS 3 COUNTY ROAD
3164097499
$
2,992,776.73
833.16
849.81
712.19
$ 2
TEXPOOL CENTRAL DEPOSIT
449/2208000001
$
1764996.71
234,477.77
150,634.93
117,694.30
1,036,574.18
358,641,18
271,856.69
447.94
243.31
162.69
$ 601,585.60
TEXPOOL DEBT SERVICE
449 /2208000002
$
$
TEXPOOL $5.15M 1998 CO BOND
44912208000003
$
494 269.01
1,215.25
281,472.57
92,106.12
87,470.65
138.02
47.93
24.67
$ 34,645.54
WELLS FARGO CHECKING PAYROLL
$
12 739.70
279,339.50
264,144.33
266,061.77
286,600.55
268,378.71
265,445.11
$ 1,860.93
TEXPOOL $2.735M 2007A CO BOND
449/2208000005
S
2,318
229,108.45
167,284.28
666.34
649.51
450.56
$ 1,923
TEXPOOL $2.9M 2007 CO BOND
449/2208000006
$
974 340.73
1,007,50
8,384.60
280.06
279.77
225.54
$ 965,734.00
TEXTERM DAILY
1079 -00
$
1,645,121.09
584.46
577.03
504.27
$ 1,646,786.86
TEXSTAR
22005 - 1330.000
$
1,977,667.69
542.93
518.93
427.64
$ 1,979,157.09
$
8
$
TOTALS 1 $ 515,767.27 $ 415,994.51 $ 383,756.07 1 $ 1,604,647.30 $ 949,241.96 $ 800,441.33 1 $ 3,913.37 $3,595.55 $2,767.29 $ 12,971,949.38
DEPOSITS WITHDRAWLS INTERESTS
FOR QUARTERLY PERIOD ENDING: September -09 $1,315,517.85 $ 3,354,330.59 $10,276.21
DETAIL OF BANK INVESTMENTS
QUARTERLY REPORT
Period Ending September 30, 2009
BEGINNING I SWEEP AMTS DAYS OF ' TS
SWEEP AMTS THAT DAYS 7 EP AM DAYS OF ENDING
L i
MONTH
' l i,; I CANM M ONTH og I
BANK INVESTMENTS ACCOUNT INFO: BALANCE THAT CANCEL THAT CANCEL MONTH BALANCE
I TH A Lo g - Sep-
S "47 E E P A ',� N W f, , L Z S 1 1891000- - a $ 267,170.00 $ 252,878.00
rc PLEGI DE PC'. , r
INTEREST EARNED
66.13
61.10
65.13
TOTAL CHECKS
i553 SA8 91
(5U4,462 57
50
- rA.. ELECTROWC DEBITS! BANK DEBITS (Nc, '31A'Ce pl,i
;921 541
534 044 92'
4 39 S 5 4
BALANCE BEFORE SWEEPS
332,170.90
425,646.71
319,886.96
BALANCE FORWARD
271,080.00
258,967.00
252,878.00
INVESTMENT SUMMARY
FOR THE 4TH QUARTER, 2009
July -09 through September -09
Security Coupon/ Settlement Maturity
Beginning
Deposits/
Withdrawls
Interests
Ending
Market
Unrealized
%
Security Description CUSIP Yield Date Date
Book Value
Purchases
Book Value
Value
Gain! Loss
Share
BANKINVESTMENTS
WELLS FARGO CHECKING (SWEEPICONSOL)
267,170.00
5,593,591.91
(5,608,066.27)
182.36
252,878.00
252,878.00
19%
WELLS FARGO SAVINGS
1,309,317.60
1,213.02
1,310,530.62
1,310,530.62
99%
WELLS FARGO SAVINGS (3 COUNTY ROAD)
2,992,776.73
-
2,395.16
2,995,171.89
2,995,171.89
22.6%
WELLS FARGO SAVINGS (DICK PRICE ROAD)
1,509,751.47
1,950,00
1.109.45
1,512,810.92
1,512,810.92
114%
WELLS FARGO CHECKING (PAYROLL)
12,739.70
809,545.60
(820,424.37)
-
1.860.93
1,860.93
00%
INVESTMENT POOLS
TEXPOOL (CENTRAL DEPOSIT)
1,764,996.71
502,807.00
1,667,072.05
85194
601,585.60
601,585.60
45r
TEXPOOL (DEBT SERVICE)
-
-
-
-
-
00%
TEXPOOL ($5.15M 1998 CO BOND /2007 REFUND)
494,269.01
1,215.25
(461,049.34)
210.62
34,645.54
34,645.54
03i
TEXPOOL ($2.735M 2007A CO BOND)
2,318,292.26
-
(396.392.73)
1,766.41
1,923,665.94
1,923,665.94
14.5%
TEXPOOL ($2.9M 2007 CO BOND)
974,340.73
(9,392.10)
785.37
965,734.00
965,734.00
73%
TEXTERM DAILY
1,645,121,09
1,665.76
1,646,786.85
1,646,786.85
125%
TEXSTAR
1,977,667.59
1,489.50
1,979,157.09
1,979,157.09
15.0%
00%
0.0 i
00
Doi
FIXED TERM - MATURITIES
N/A
00%
0.0%
CERTIFICATES OF DEPOSIT
N/A
0.0 i
0.0 0
AGENCY SECURITIES
N/A
00%
00%
TREASURY SECURITIES
N/A
0Cr
0.0 i
COMMERCIAL PAPER
N/A
0.0 i
TOTALS
$ 15,266,442.89
$ 6,909,109.76
1 $ (5,628,252.76)
$ 11,671.59
1 $ 13,224,827.38
$ 13,224,827.38
Staff Repot
To the Honorable Mayor and City Council
Date: December 10, 2009
Agenda Item No: XI -C
Subject: A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS
AND /OR SALVAGE
Originated by: Sakura Moten- Dedrick
Summary:
On an as needed basis, but at least annually, the City of Kennedale conducts an inventory of surplus
and /or salvage personal property. Surplus and /or salvage personal property includes items considered to
be in excess of department needs, no longer in use by the department, technically or mechanically
obsolete, no longer functioning, or has no intrinsic value (junk). In the past, the City Council has deemed
items, such as vehicles, motorcycles, maintenance /construction equipment, computer /information
technology equipment, abandoned property, miscellaneous DPS equipment, office furniture and office
supplies as surplus and /or salvage.
Under no circumstance is a department to dispose of City -owned assets on their own. The City of
Kennedale's surplus and /or salvage property procedures require that the City Manager or designee inspect
all properties and make a recommendation as to whether the item can be utilized by another department,
sent for auction, transferred to an eligible entity or simply disposed. If auctioned, the City eg nerally looks
to an outside organization or company to conduct live auctions, internet auctions, competitive sealed bids
and /or sales at their retail storefronts. If discarded, a member of the Finance Department serves as a
witness to the disposal.
The City Council recently declared numerous computer - related and garage sale items as surplus and /or
salvage during this past year, and the staff was able to either sell or discard them appropriately. In our
continuing effort to maintain assets, the City Staff recently conducted an inventory of all vehicles and
major equipment. In doing so, we have identified three vehicles (2 old patrol, I old permits) and several
other pieces of recording equipment that can be auctioned. The auctioneer has these items in its
possession; however, we requested that it hold these items until Council approved the declaration of them.
We anticipate that these items will be sold during the month of December.
Recommended Motion: Staff recommends approval.
Disposition by Council:
RESOLUTION NO. 301
A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS,
DECLARING CERTAIN PROPERTY SURPLUS AND /OR SALVAGE;
PROVIDING FOR THE AUTHORIZATION OF THE SALE OF SAID
PROPERTY; AND PROVIDING AND EFFECTIVE DATE.
WHEREAS, it has been determined that the City of Kennedale possesses items of
surplus and /or salvage; and
WHEREAS, the procedure for notification of the owners of surplus and /or salvage
propertN. as outline in the State Statute, has been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
Section 1. That all matters state in the above preamble are true and correct and are
incorporated herein as if copied in their entirety.
Section 2. That all items described in the attached Exhibit "A" are hereby declared
surplus and /or salvage.
Section 3. That the City Manager, or his designee, is authorized to conduct the sale of
said property.
Section 4. That this resolution shall take effect from and after the date of its passage.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 10"' day of December 2009.
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
12 -10 -09
SURPLUS& SALVAGEUST
EUUIPMENTDESMPTION
OPERATIONAL
MODEL
SBRIAUVIN NUMBER
QUANTITY
DEPT
ACTION
TOSHIBATE.EMSON
YTS
C1VI1310A
64CO1537
1
CITYma;EFARY
AUCTION
PANASDNICTAPEFE03FEER
YES
AGRTOOAP
GOTB00032
1
CITYSECFETARY
AUCTION
PANA9DNICTAPEFECORDBR
YES
AGRTDOAP
GOTA0020P
1
CITYSECFETARY
AUCTION
PANA9DNICTAPERECOFUER
YES
AGRTOOAP
GOTA00382
1
CITYEECFETARY
AUCTION
PANA9DNICTAPERECORDER
YES
AGRTOOAP
GOTA00436
1
CITYcBJ;EFARY
AUCTION
PANASONIC FRONTTAFELOADERS
YES
AGCL52P
F0017201M
1
CITYcBD:T--TAR(
AUCTION
PANASONIC FRONTTAPELOADERS
YTS
AGCL52P
F0016251M
1
CITYcECFEFARY
AUCTION
PANA9DNICFR3NTTAPELOADERS
YES
AGCL52P
F0015741M
1
CITYTX�ARY
AUCTION
PANA9DNICFRONTTAPELOADEFS
YID
AGCL52P
F0016291M
1
a TY c]ECFETARY
AUCTION
2004 FORD 4D CF49M VICTORIA
YTS
CV
2FAFP71 W44X119510
1
POLICE
AUCTION
2004 FORD 4D O93WN VICTORIA
YES
CV
2FAFP71 W84X119509
1
POLICE
AUCTION
2003 FORD 4D CF3DWN VICTORA
YE5
CV
2FAFP71 W33X173895
1
PBRA ITS
AUCTION
m
Staff Repot
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No: XI -D
Subject: Approval to purchase two vehicles through Parker County C000perative
Purchasing Program.
Originated by: Chief Tommy Williams
Summary: For the 2009 -10 budget year the Police Department and Community
Development were authorized to purchase replacement vehicles for administrative use.
The vehicles will replace a 1999 Ford pick -up with 175,000+ miles and a 2000 Ford
Expedition with 200,000 miles. The recommendation is to purchase two 2010 Ford
Expeditions from Grand Prairie Ford under the Parker County contract # PC 10 -01. This is
the same contract that we purchased two replacement patrol vehicles through. The cost of
the Expedition is within both budgets at $22,455.00 each.
Recommendation: Staff recommends the purchase.
Disposition by Council:
Parker County Purchasing
Deena Nichols
Purchasing Agent
1112 Santa Fe Dr. Weatherford, Texas 76086
Phone: 817.598.6140 Fax: 817-598-6191
September 14, 2009
To: Officers of the Commissioner's Court
Subject: PC 10-0 1 Law Enforcement Fleet Vehicles
The Purchasing Agent recommends Parker County award bid PC 10-01 Law Enforcement Fleet
Vehicles to the following vendors:
Bid Item 1: New and Unused Mid-Size Sedans
Award to: Caldwell Country Chevrolet: ►17,486.00
2010 Chevrolet Impala
Bid Item 2: New and Unused Police Package Full-Size Sedans
Award to: Planet Ford: $20,988.00
2010 Ford Crown Victoria PI
Bid Item 3: New and Unused '/'2 Ton Pickup Trucks
Award to: Southwest Ford: $19,776.35
2010 F150 Super Crew
Bid Item 4: New and Unused 4 dr SUVs Non-Police Pkg
Award to:
Grand Prairie Ford: '/Z Ton: $22,455.00
2010 Ford Expedition SSV
Grand Prairie Ford: % Ton: $26,296.00
2010 Ford Expedition EL SSV
Bid Item 5: New and Unused SUV (Police Package)
Award to:
Reliable Chevrolet: '/z Ton: 24,1162.00
2010 Chevrolet Tahoe Police/PPV
Caldwell Country Chevrolet: % Ton: $32,116.00
2010 Chevrolet Suburban Police PPV
PCIO -01 Fleet vehicles
September 3, 2009
Page 1
Bid item 2:1 One or moire Now and
unused Mid -Size Sedans
NAMEIADDRESS
Make/Year/Model
Saes Price
Each
Anticipated
Delivery
Date
Guaranteed
Delivery
Date
Beak Into
on warran"s
Guaraantes
Devidtorea
from
speefte wns
Texas Motors Ford
300 West Loop 820 South
Fort Worth, TX 76108
2010 Ford
Taurus SE
5 20,590.00
60-120 days
None
36 Month
See Attached
36K miles
Jerry's GM Ltd
PO Box 839
Weatherford, TX 76086
2010 Chevrolet
Impala
3 yrt38K mile
bumw to burnw
$ 19,08100
NIA
NIA
5 f10dK mile
No t9ackk
floor mat
power train
Grand Prairie Ford
701 E. Palace Parkway
Grand Prairie, TX 75050
2010 Ford
Crown Victoria
S 22,285.00
70.100 days
120 days
Attached
Attached
Caldwell Country Chevrolet
800 State Hwy 21 E
Cakiwell, TX 77836
2010 Chevrolet
Impala
3 yN38K mile
burnpor toINAVO
$ 17.488.00
60 days
90-120 days
W aDK mile
pourer inlet
Reliable Chevrolet
800 North Central Expwy
Richardson, TX 75080
2010 Chevrolet
impala
IW819
$ 18,978.00
58-77 days
90 days
Attached
Southwest Ford
300-0 Fort Worth Hwy
Weatherford, TX 76086
2010 Ford
Taurus SE
$ 18,806.00
8.10 weeks
11 weeks
3 year
36K miles
Planet Ford
800 State Hwy 21 E
Caldwell, TX 77836
2010 Ford
Crown Victoria
S 21,900.00
120 days
120 days
3 year
36K miles
Page 1
PCIO -01 Fleet Vehicles
September 3, 2009
Page 2
Old Helm 2: 2 One or rnoro Now and Unused
Full.$kit Polke
Pac Sedalia
NAMFJADDRESS
Make/Year/Model
Base Price
Each
AntiapaW
Dow"
Data
Guaranteed
Delivery
Date
ear Info
on Warranties
Guarantees
Devtetions
from
Specifications
Texas Motors Ford
300 West Loop 820 South
Fort Worth, TX 76108
2010 Ford
Crown Victoria PI
Sae Attached
Does not
$ 23,403.00
80-128 days
Nate
36 month
include
wirhh8 hamess
36K miles
Jerry's GM Ltd
PO Box 839
Weatherford, TX 76086
2009 Impala
3 yOOK mile
WMper to Wnw
S 21,200
00.
N/A
N/A
5 1100K mile
power train
Grand Prairie Ford
701 E. Palace Parkway
Grand Prairie, TX 75050
2010 Ford
Crown Victoria PI
$ 23,185.00
+S3.495
Fire Package
M100 days
120 days
See Attached
Sae Attached
Caldwell Country Chevrolet
800 State Hwy 21 E
Caldwell, TX 77836
No Bid
Reliable Chevrolet
800 North Central Expwy
Richardson, TX 75080
2010 Impala
IW519 9Ci
$ 21,228.00
88-87 days
120 days
r 9w Attached
Southwest Ford
3000 Fort Worth Hwy
Weatherford. TX 76086
2010 Ford
Crown Victoria
$ 21,823.60
10-12 weeks
13 weeks
38 month
36K miles
Planet Ford
800 State Hwy 21 E
Caldwell, TX 77836
2010 Ford
Crown Victoria PI
S 20,868.80
120 days
120 days
36 month
30K mtisa
Page 2
PC10 -01 Fleet Vehicles
September 3, 2009
Page 3
SW Ron 2.3 One or more
New 2010 P*UW Pick Up
Trucks Non Police
NAMEIADDRESS
Make/Year/Model
Base Prue
Each
Anticipated
Delivery
Date
Guaranteed
Delivery
Data
Basic info
on Warranties
Guarantees
DevieWns
from
Speciftotions
Texas Motors Ford
300 West Loop 820 South
Fat Worth, TX 76108
2010 F150
Crew cab XL
S 24,338.00
90.120 day
None
36
Sea Attached
36K miles
Jerry's GM Ltd
PO Box 839
Weatherford, TX 76086
2010 Chevrolet
or GMC
$ 24,316.18
N/A
WA
36 month
36K miles
Grand Prairie Ford
701 E. Palace Parkway
Grand Prairie, TX 75050
2010 F150
Crew cab XL
S 21,486.00
60-90 ARO
120 ARO
See Attached
Sea Attadhed
Caldwell Country Chevrolet
800 State Hwy 21 E
Caldwell, TX 77636
2009 or 2010
Chevrolet
Silverado
Crew cab
3 yrt38K mile
WMW to txmper
$ 21, 933.00
80 rays
90.100 days
!100K mile
Skid plate on 04
only
power train
Reliable Chevrolet
800 North Central Expwy
Richardson, TX 75080
2010 Chevrolet
CC10453
$ 23.944.00
58.89 days
90 days
No Skid Pate
See Attached
Souttlwest Ford
3000 Fort Worth Hwy
Weatherford, TX 76086
2010 F150
Crew cab XL
S 19,776.35
8-10 waeka
11 weeks
36 nxxM
Sea Attached
36K mikes
Planet Ford
800 State Hwy 21 E
Caldwell, TX 77836
F150
Super Crew
$ 22,210.00
90 days
120 days
3e month
36K miles
Page 3
PC10 -01 Fleet Vehicles
September 3, 2009
Page 4
Bid item 2A One or awe New 2010
Ftdl Size 4 Dr. SUV
Non -PolWo Pkg
NAM EAADDRESS
make/Year/100"
1/2 Ton Veh
Base Price
314 Ton Veh
Base Price
Anticipated
Delivery
Date
Guaranteed
Delivery
Date
Basic Info
on Warrars
Guarantees
DevisSons
from
Specifications
Texas Motors Ford
300 West Loop 820 South
Fort Worth, TX 76108
2010 Ford
Expedition XLT
NO
$ 29.194.00
60.120 days
None
36 month
See Atteched
36K mites
Jerry's GM Ltd
PO Box 839
Weatherford, TX 76086
2010 Chevrolet
Tahoe 1t2 ton
Suburban 314 ton
No Skid Plata
$ 29,701.53
S 33,985.62
NIA
N/A
36 month
8 Ve
Engine
36K miles
Grand Prairie Ford
701 E, Palace Parkway
Grand Prairie, TX 75050
2010 Ford
Expedition SSV
2010 Ford
Expedition EL SSV
s 22,455.00
70.100 da
120 days
3e nxmdl
I. riled S
not available
381( miles
$ 26,296.00
70.100 days
120 days
3e ,
t.imftdS1
not sysil ile
3W my"
Caldwell Country Chevrolet
600 State Hwy 21 E
CakK"11, TX 77836
2009 or 2010
Tahoe CC10706
$ 26,860.00
W100days
3 yrMK milli
wrnpertabmw
2009 or 2010
314 ton Suburban
S 31,310.00
60 days
WI 00 days
t1ooK mile
power train
Reliable Chevrolet
800 North Central Expwy
Richardson, TX 75080
2010 Chevrolet
Suburban 1/2 ton
s 31,122.00
Aft $26175 •••
No Ski! Plate
available
2010 Chevrolet
Suburban 3/4 ton
$ 38,357.00
5&69 ft"
g0 days
No Skid Plate
evellable
Southwest Ford
3000 Fort Worth Hwy
Weatherford, TX 76086
2010 Ford Expedition
XLT
s 26,235.00
NB
Planet Ford
800 State Hwy 21 E
Caldwell, TX 778W
2010 Ford
Expedition
$ 24,960.00
90 days
120 da
Page 4
PC10 -01 Fleet Vehicles
September 3, 2009
Page 5
Bid ttem Z5 Om or more Now M0 Full 31=
4 On SUV Palics
fNto
NAME/ADDRESS
Makaffear /Model
112 Toni Veh
Base Price
3/4 Ton Veh
Base Prim
Anticipate!
Delivery
Data
Guarenteed
Dasivery
Date
Basic into
on Warranties
Guarantees
Devistims
from
Specifications
Wtiihtp to
Piysyback
Contract
Texas Motors Ford
300 West Loop 820 South
Fort Worth, TX 76106
2010 Ford
Expedition
Special Service
DAP
NS
before 09/30/09
$ 23,149.00
Limited slip
rmt evailsbte
YES
after o9rmg
S 27.534.00
90-120 days
None
38 mordh
36K mikes
Jerry`s GM Ltd
PO Box 839
Weatherford, TX 76086
2010 Tahoe
No Bid 314 ton
NO
$ 31,600.00
No Bid
90.120 days
Nate
Grand Prairie Ford
701 E. Palace Parkway
Grand Prairie, TX 75050
2010 Ford
Expedition SSV
2010 Ford
Expedition SSV EL
$ 22,799.00
70.100 days
120 days
see Attached
See Attached
YES
$ 26,686.00
70- 100 days
120 days
See Attu
See Attached
Cakiwall Country Chevrolet
800 State Hwy 21 E
Caldwell, TX 77836
2009 or 2010 Tahoe PPV
2009 or 2010 2500
Suburban
S 24,540.00
80 da
90.120
See Attedied
Sea Attached
YES
a 32,116,00
60 days
90-120 days
see Atted+ad
See Attached
Reliable Chevrolet
800 North Central Expwy
Richardson, TX 75080
2010 Chevrolet
CC107061 FL
PolicetPPV
No Tob Grap
Harxf s
YES
$ 24,152,00
No Bid
from 10-12009
6897 days
from 10V12M
120 drys
3.06 rear axla
See Attadred
Southwest Ford
3000 Fort Worth Hwy
Weatherford, TX 76086
2010 Ford
Expedition SSV
Sea Attached
YES
S 22,709.00
No Bid
36
36K miles
Planet Ford
800 State Hwy 21 E
Caldwell, TX 77836
YES
No Bid
Page 5
Staff Report
To the Mayor and City Council
Date: December 4, 2009
Agenda Item No: XI -E
Subject: Consider authorizing the City Manager's execution of an interlocal agreement
with Tarrant County for the purchase of right away, design, and construction
of Bowman Springs Road for $1,765, 575.
Originated by: Bob Hart
Summary: Tarrant County is preparing a standard interlocal agreement for the rerouting
of Bowman Springs Road to Dick Price Road. The agreement is at the Tarrant
County District Attorney's Office awaiting final approval, but the agreement
must be executed before January 14, 2010 when the construction contract is
to be awarded.
Recommendation: City Staff recommends approval.
Disposition by Council:
Staff Report
To the Honorable Mayor and City Council
Date: December 3, 2009
Agenda Item No: XI -F
Subject: Approval to authorize City Manager to sign Interlocal Agreement with Tarrant
County to construct parking lot at Sonora Park.
Originated by: Bob Hart, City Manager
Summary: Tarrant County will construct the parking lot in Sonora Park for cost of
material and drainage related labor. The agreement is being prepared
through the district attorney's office. The agreement is identical to those
executed in the past. Work on the parking lot is expected to begin in late
January or early February. Cost is estimated at $170,075.
Recommended Motion: Staff requests authorization for the city manager to sign the
interlocal agreement with Tarrant County in order to meet the
planned construction schedule.
Disposition by Council:
Page 1 of 1
THE STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
BACKGROUND
This Interlocal Agreement is between County of Tarrant ( "COUNTY "), and
the City of Kennedale ( "CITY ");
Sections 791.001 — 791.029 of the Texas Government Code provide legal
authority for this Agreement;
During the performance of the governmental functions and the payment
for the performance of those governmental functions the parties will make the
performance and payment from current revenues legally available to that party;
and
The Commissioners Court of the COUNTY and the City Council of the
CITY each find:
a. This Agreement serves the common interest of both parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates both parties to this
Agreement; and
d. The CITY and COUNTY have authorized their representative to
sign this Agreement.
The Parties therefore agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
COUNTY will furnish the labor and equipment for the following project:
The construction of approximately 47,760 square feet of parking area in
Sonora Park for the City of Kennedale. This construction will include:
1.1 Stabilize and compact sub -grade at a depth of ten inches;
1.2 Apply asphalt emulsion prime coat,
1.3 Place and compact three inches of Type B Hot Mix Asphalt
Concrete;
1.4 Place Geosynthetic Petromat material; and
1.5 Place and compact two inches of Type D Hot Mix Asphalt
Concrete.
CONTRACT: Kennedale (Sonora Park) 1
2. CITY RESPONSIBILITY
2.1 CITY will pay all trucking charges and furnish all materials for the
project including stabilization materials, hot mix asphalt, asphalt
emulsion, geosynthetic material and flexible base.
2.2 CITY will furnish a site for dumping waste materials generated
during this project.
2.3 CITY will furnish all rights of way, plan specifications and
engineering drawings.
2.4 CITY will furnish necessary traffic controls including Type A
barricades to redirect traffic flow to alternate lanes during the
construction phase of the project.
2.5 CITY will provide temporary driving lane markings.
2.6 If a Storm Water Pollution Prevention Plan is required, the CITY will
be responsible for the design and development of the Plan. CITY
will pay for all cost (including subcontractor materials, labor and
equipment) associated with the implementation and maintenance of
the Plan.
2.7 CITY will ensure that the project is cleared of obstructions which
could damage county equipment during construction.
2.8 CITY will verify the location of all utility locations, mark those
locations and then remove the utilities that will interfere with the
progress of the project.
2.9 CITY will provide a stockpile site for materials used for this project.
2.10 CITY will provide soil lab testing for this project.
2.11 CITY will pay County $15,100.00 for the labor and equipment
involved with this project.
3. PROCEDURES DURING PROJECT
COUNTY retains the right to inspect and reject all materials provided for this
project. CITY will provide quality assurance inspection for the project. If the CITY
has a complaint regarding the construction of the project, the CITY must
complain in writing to the COUNTY within 30 days of project completion. Upon
expiration of 30 days after project completion, the CITY becomes responsible for
maintenance of the project.
4. NO WAIVER OF IMMUNITY
This agreement does not waive COUNTY rights under a legal theory of sovereign
immunity. This agreement does not waive CITY rights under a legal theory of
sovereign immunity.
5. OPTIONAL SERVICES
5.1 If requested by CITY, the COUNTY may apply permanent striping;
5.2 If necessary, COUNTY may furnish flag persons;
5.3 If required, the CITY will pay for engineering services, storm water
run -off plans, and continuation of services and plan;
CONTRACT: Kennedale (Sonora Park) 2
5.4 If a Storm Water Prevention Plan is provided by CITY, COUNTY
will be responsible for the implementation and maintenance of the
Plan during the duration of the project.
6. TIME PERIOD FOR COMPLETION
CITY will give the COUNTY notice to proceed at the appropriate time. However,
COUNTY is under no duty to commence construction at any particular time.
7. THIRD PARTY
The parties do not enter into this agreement to protect any specific third party.
The intent of this agreement excludes the idea of a suit by a third party
beneficiary. The parties to this agreement do not consent to the waiver of
sovereign immunity under Texas law to the extent any party may have immunity
under Texas law.
8. JOINT VENTURE & AGENCY
The relationship between the parties to this agreement does not create a
partnership or joint venture between the parties. This agreement does not
appoint any party as agent for the other party.
9. EFFECTIVE DATE
This agreement becomes effective when signed by the last party whose signing
makes the agreement fully executed.
COUNTY OF TARRANT CITY OF KENNEDALE
COUNTY JUDGE
Date:
Attest:
APPROVED AS TO FORM*
Authorized City Official
Date:
Attest:
APPROVED AS TO FORM AND
LEGALITY
ASSISTANT DISTRICT ATTORNEY ASSISTANT CITY ATTORNEY
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorney(s).
CONTRACT: Kennedale (Sonora Park) 3
Regular Items
Staff Report
To the Honorable Mayor and City Council
Date: December 4, 2009
Agenda Item No: XII -G
Subject: Receive report from UTA Capstone Project concerning Performance Measures
for selected City Departments.
Originated by: Bob Hart, City Manager
Summary: A UTA capstone project for the fall semester was to develop performance
measures for municipal court, public works, and the fire department. The
students will be present to provide a report on their findings and
recommendations.
Recommended Motion: No action is needed other than thanking the students for their efforts.
Page 1 of t
StaffReport
To the Honorable Mayor and City Council
Date: December 4, 2009
Agenda Item No: XII -H
Subject: Review and consider action to authorize staff to proceed with publication of public
hearing notice and required ordinance for Stormwater Utility System.
Originated by: Kathy Turner, City Secretary
Summary: City Council tabled this item last month in order to receive more information
regarding capital projects to be funded and costs associated with such, further
review of impervious properties, and a plan detailing how the city was going to
educate the public on mandates that have resulted in the required stormwater
fees.
Mrs. Palmer changed the fees for the racetrack properties, which is noted on slide
29 of the presentation. She also went back and reviewed the aerials more
carefully and consistently to better define the probable areas that are used for
parking.
Additionally, all of the slides now refer to a $3.00 fee for FY2010 with an
increasing 10 -Year rate schedule through FY2019.
Suggested revisions (noted in red) to draft Stormwater Utility Ordinances are as
follows:
Rules Ordinance:
1. Change public hearing year to "2010" in the legal notice on the first page.
2. Place "drainage" in parenthesis when using the term stormwater (drainage)
utility or services ........ this oddity came about because the name of the
utility is a Stormwater Utility; however, the state law just talks about
drainage. " Stormwater" implies water quantity and water quality issues.
3. Add a paragraph letter and indenture to the first paragraph of section 23 -208
on page 9 in order to make the formatting consistent ......... (a) " ........ and
change lettering on the remainder of the section.
Page 1 of 2
4. Delete Kennedale Independent School District as an exemption on page
17 ....... so that the City Council can specifically discuss the issue and add the �r
exemption if specifically directed.
Rates Ordinance:
Place "drainage" in parenthesis when using the term stormwater (drainage)
utility or services ........ this oddity came about because the name of the
utility is a Stormwater Utility; however, the state law just talks about
drainage. "Storm water" implies water quantity and water quality issues.
2. Change the values in the rate table 'to reflect the 10 -Year schedule starting at
a $3.00 fee in FY2010.
Also, Mrs. Palmer along with Bob will be present during the meeting to address
questions.
Recommended Motion:
Page 2 of 2
LEGAL NOTICE
Notice is hereby given that the City Council of the City of Kennedale will hold a public
hearing on , 2010, at 7:00 P.M. in the Council Chambers at
Kennedale City Hall, 405 Municipal Drive, Kennedale, TX 76060 to consider the
following:
Conduct a public hearing on Ordinance No. , an
ordinance of the City of Kennedale, Texas amending Chapter 23,
Article IX "Stormwater Utility System ", of the Kennedale City Code of
Ordinances (1991), as amended, by adding a new Division 2
"Stormwater Utility Fees" to establish monthly stormwater utility
fees for the purpose of funding the stormwater utility system;
providing a cumulative clause; providing a severability clause;
providing a savings clause; providing for publication; and providing
an effective date.
Please see Exhibit "A" for the ordinance. Any interested persons and parties may
submit any information they wish to be considered to the City Secretary prior to the date
of the public hearings or may appear at the public hearings to be heard, or both.
The facility is wheelchair accessible. If you plan to attend and you have a disability that
requires special arrangements, please notify the City Secretary 48 hours in advance of
the hearings so that reasonable accommodations can be made. For sign interpretive
services, please call 72 hours in advance.
For more information on this Legal Notice, please contact the City Secretary at (817)
985 -2104.
Signed this the day of
Kathy Turner
City Secretary
Published:
►417
(11- 06 -09) Page I
Exhibit "A"
AN ORDINANCE OF THE CITY OF KENNDALE, TEXAS AMENDING
CHAPTER 23, ARTICLE IX " STORMWATER UTILITY SYSTEM ", OF
THE KENNEDALE CITY CODE OF ORDINANCES (1991), AS
AMENDED, BY ADDING A NEW DIVISION 2 " STORMWATER UTILITY
FEES" TO ESTABLISH MONTHLY STORMWATER UTILITY FEES FOR
THE PURPOSE OF FUNDING THE STORMWATER UTILITY SYSTEM;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Kennedale, Texas ( "City Council ") has
adopted Ordinance No. to create a sterm
drainage stormwater (drainage) utility system and provide s#ar
dFaiRage stormwater (drainage) service to collect and direct stormwater runoff for
benefitted properties within the utility service area upon payment of stormwater utility
fees; and
WHEREAS, the City Council, after holding a public hearing and finding that the
fees are nondiscriminatory, reasonable, and equitable, now desires to levy a schedule
of stormwater utility fees for sterrnwater stormwater (drainage) service; and
WHEREAS, in setting the schedule of stormwater utility fees, the fees are based
on an inventory of improved parcels within the utility service area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNDALE, TEXAS, THAT:
SECTION 1.
The City Council hereby establishes stormwater utility fees as set forth herein.
Stormwater utility fees shall be levied against all benefitted properties within the utility
service area unless exempt under Division 1, Section 23 -512. These fees shall be
imposed and issued with utility billing statements issued on and after January 1, 2010.
SECTION 2.
Chapter 23 "Water, Sewers, and Sewage Disposal ", of the Kennedale City Code,
is hereby amended to add a new Division 2 to Article IX " Stormwater Utility System ",
which shall read as follows:
(11- 06 -09) Page 2
"DIVISION 2. STORMWATER UTILITY FEES
Sec. 23 -526. Applicability.
The City Council hereby establishes the stormwater rdraiRagestormwater
(drainage) utility fees as set forth herein. A stormwater utility fee shall be levied against
all benefitted property within the utility service area unless exempt under Division 1,
Section 23 -512.
Sec. 23 -527. Fee calculation.
(a) Stormwater Utility Fee Calculation. Stormwater utility fees shall be calculated
based on the total stormwater runoff potential for benefitted properties for all customers
within the utility service area. The total stormwater runoff potential shall be measured
as impervious areas in square feet ( "SF ").
(b) Stormwater Utility Fee. The total stormwater runoff potential for the service area
shall be allocated between the customer classes based on the relative amount of
impervious area in each class established in Division 1, Section 23- 506(a).
(1) Residential Property Class. Stormwater utility fees for the residential
property class of customers, as defined in Division 1, Section 23 -504 shall
be as followings:
(A) A monthly, flat -rate fee per a single - family equivalent
residential unit ( "ERU "); or
(B) One (1) flat -rate ERU fee per dwelling unit on a residential
parcel.
(C) The flat -rate fee is established in the fee schedule listed in
Subsection (c)(1).
(D) The monthly stormwater fee is based on the average impervious
area for an ERU, which is two thousand eight hundred (2,800) SF.
(2) Non - Residential Property Class. A stormwater utility fee for each
improved non - residential property or allocated portion of an improved non-
residential property shall equal the product of impervious area in square
feet ( "SF ") times the stormwater utility rate established in the rate
schedule listed in Subsection (c)(2).
(c) Schedule of Monthly Fees and Rates. The monthly stormwater utility fee shall be
as follows:
(11- 06 -09) Page 3
(1) Residential Units. The monthly stormwater utility fee for each residential
dwelling unit or ERU shall be as follows for each fiscal year beginning
October 1, 2009 (FY 2010) :
Fiscal Year
Monthly Fee
FY2010
$ 33.00
FY2011
$ 3 3.50
FY2012
$ 4 0.00
FY2013
$ 4 -9.50
FY2014
$ 54 -0.00
FY2015
$ 5 4 -0.50
FY2016
_
$ 6 44.00
FY2017
$ 64-x.50
FY2018
$ 7.00
FY2019
$ 7x 2-.50
(2) Non - residential unit. The monthly stormwater utility fee for the impervious
area measured in square feet on each non - residential parcel shall be as
follows for each fiscal year beginning October 1, 2009 (FY 2010):
Fiscal Year
Rate (per
square foot)
FY2010
$0.00
FY2011
$0.00125304
FY2012
$0.00
FY2013
$0.00
FY2014
$0.00
FY2015
$0.00
FY2016
$0.00
FY2017
$0.00
FY 2018
$0.00
FY2019
$0.0026844
(3) Revision of Fees or Rates. The storrnwater utility fee or the stormwater
utility rate may be revised by the City Council via ordinance from time to
time as permitted by this Article and the Act.
[Sec. 23 -528 to Sec. 23 -545 Reserved]"
SECTION 3.
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting stormwater utility fees or rates and shall
(11- 06 -09) Page 4
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 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code (1991), as amended, or
any other ordinances regarding stormwater utility fees or rates that have accrued at the
time of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
The City Secretary of the City is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption 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 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
(11- 06 -09) Page 5
PASSED AND APPROVED THIS DAY OF JANUARY, 2010.
Bryan Lankhorst, Mayor
ATTEST:
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(11- 06 -09) Page 6
LEGAL NOTICE
Notice is hereby given that the City Council of the City of Kennedale will hold a public
hearing on , 20 at 7:00 P.M. in the Council Chambers at
Kennedale City Hall, 405 Municipal Drive, Kennedale, TX 76060 to consider the
following:
1. Conduct a public hearing on Ordinance No. , an ordinance of the
City of Kennedale, Texas, amending Chapter 23 of the Kennedale City Code
of Ordinances (1991), as amended, by adding a new Article IX, "Stormwater
Utility System" to establish a municipal stormwater utility system;
establish an administrative appeals process; provide penalties and
remedies for nonpayment; exempt certain property from fees; and provide
a process by which to discontinue the stormwater utility system; providing
a cumulative clause; providing a severability clause; providing a savings
clause; providing for publication; and providing an effective date.
Please see Exhibit "A" for the ordinance. Any interested persons and parties may
submit any information they wish to be considered to the City Secretary prior to the date
of the public hearings or may appear at the public hearings to be heard, or both.
The facility is wheelchair accessible. If you plan to attend and you have a disability that
requires special arrangements, please notify the City Secretary 48 hours in advance of
the hearings so that reasonable accommodations can be made. For sign interpretive
services, please call 72 hours in advance.
For more information on this Legal Notice, please contact the City Secretary at (817)
985 -2104.
Signed this the day of , 20
Kathy Turner
City Secretary
Published:
(11- 06 -09) Page l
Exhibit "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
CHAPTER 23 OF THE KENNEDALE CITY CODE OF ORDINANCES
(1991), AS AMENDED, BY ADDING A NEW ARTICLE IX,
" STORMWATER UTILITY SYSTEM" TO ESTABLISH A MUNICIPAL
STORMWATER UTILITY SYSTEM; ESTABLISH AN ADMINISTRATIVE
APPEALS PROCESS; PROVIDE PENALTIES AND REMEDIES FOR
NONPAYMENT; EXEMPT CERTAIN PROPERTY FROM FEES; AND
PROVIDE A PROCESS BY WHICH TO DISCONTINUE THE
STORMWATER UTILITY SYSTEM; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) 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, within the City there exists a stormwater
(drainage) system developed over a number of years that collects and directs
stormwater runoff; and
WHEREAS, portions of the existing stormwater utility system are inadequate to
collect and directs stormwater runoff within the City; and
WHEREAS, it is necessary to ensure that the collection of stormwater runoff and
direction of +mo stormwater drainage) within the City protects the
public health, safety, and welfare of City residents, as well as protects against property
damage; and
WHEREAS, the City Council desires to address the various water quality and
environmental issues that may further burden its stermwateF dFamRagestormwater
(drainage) infrastructure; and protect against surface water overflow, standing surface
water, and pollution; and
WHEREAS, the City Council desires to establlish a stormwater utility system, as
authorized by the Texas Local Government Code Chapter 552, Subchapter C
"Municipal Drainage Utility Systems," (the "Act ") within the City's municipal boundaries;
and
WHEREAS, the Act further authorizes the City to establish a municipal
stermwater stormwater (drainage) utility system service area; provide rules for
the use, operation, and financing of the system; declare, after a public hearing, the
(11- 06 -09) Page 2
City's drainage system to be a public utility; and prescribe bases upon which to fund a
stormwater utility system and to assess the fees and charges to support the system;
and provide exemptions of certain governmental entities; and
WHEREAS, the City desires to adopt the Act and establish a stormwater utility
system as a public utility; and
WHEREAS, it is the intent of the City to fund the stormwater utility system in a
manner that fairly, equitably and in a non - discriminatorily manner allocates the cost of
stormwater control and treatment to properties in proportion to stormwater runoff
potential for each class of property; and
WHEREAS, proper notice has been given and a public hearing has been held
regarding the adoption of this ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Chapter 23 "Water, Sewers, and Sewage Disposal ", of the Kennedale City Code,
is hereby amended to add a new Article IX, which reads:
"ARTICLE IX. STORMWATER UTILITY SYSTEM
DIVISION 1. GENERALLY
Sec. 23 -501. Authority to Create Stormwater Utility System.
The City does hereby declare under the Texas Constitution and the Texas Local
Government Code, Chapter 552, Subchapter C, The Municipal Drainage Utility System
Act (the "Act "), that said Act is hereby adopted and it is declared that the sfer mwateF
drainage stormwater (drainage) of the City of Kennedale (the "City ") shall be a public
utility. Pursuant to the provisions of Section 552.046 of the Act, the City incorporates its
existing sterm dFaiR°^°stormwater (drainage) facilities, materials, equipment, and
supplies into the Stormwater Utility System ( "Stormwater System" or "utility ").
Sec. 23 -502. Findings and Determinations.
(a) Determination of Utility Service Area. The Stormwater System shall serve
the City, the boundaries of which shall be the City's municipal boundaries.
(b) It is hereby found, determined, and declared that the City shall:
(1) Ensure that the cost of operating and maintaining the stormwater
system, and the financing of necessary repairs, replacements,
(11- 06 -09) Page 3
improvements, and extension thereof must be directly related to
stermwater stormwater (drainage) service and the terms
of the stormwater utility fees;
(2) Provide stormwater (drainage) facilities and
services for benefitted real property within the utility service area
upon payment of the stormwater utility fee unless the property is
exempt under Section 23 -513; and
(3) Establish a schedule of stormwater utility fees for benefitted
properties within the utility service area in accordance with the
provisions of the Act; and
(4) Offer steFrnwater dFaiRagestormwater (drainage) service under
non - discriminatory, reasonable, and equitable terms.
Sec. 23 -503. Application.
This Article applies to the owner or user of a benefitted property within the utility
service area, as determined by Section 23 -502, to which s t e r„-, T ,�,, t
dFa+ Rage stormwater (drainage) service is provided, either directly or indirectly.
Sec. 23 -504. Definitions.
The following definitions shall apply to the establishment and operation of the
Stormwater System:
Act means Chapter 552, Subchapter C " Munlicipal Drainage Utility Systems," of
the Texas Local Government Code, as amended.
Allocated portion of a parcel means the part a parcel that has been assigned to
an owner or customer based on the portion used by the owner or customer as
compared to the parcel's total area.
Benefitted property means an improved parcel, lot or tract within the utility
service area to which stermwateF dFainagestormwater (drainage) service is made
available under this Article. All real property within the utility service area directly or
indirectly receive stormwater (dra ina e service.
City means the City of Kennedale, Texas and the City's officers and employees.
Customer means the person(s) or entity(ies) recorded as the customer or user of
utility services for a parcel based on the records of the City or its contracted utility billing
systems.
(11- 06 -09) Page 4
Director of Public Works means the City's Director of Public Works or his /her
designee responsible for the administration and enforcement of this Article.
Equivalent residential unit (ERU) means a unit of measurement of impervious
surface area calculated for the average single family residential property within the utility
service area, as measured in square feet (SF), including the residential structure,
garage, driveway sidewalk, patio, out buildings, and any other impervious surface.
Impervious surface means a surface that has been compacted or covered with a
layer of material so that it is resistant to penetration by water and does not have a
vegetative cover. An Impervious surface includes, but is not limited to, compacted soil
with a surface treatment, gravel, crushed stone surface or soil compacted by vehicle
traffic, asphalt or concrete pavement, a parking lot, a driveway, a sidewalk or private
roadway, a building or artificial structure, or any surface that changes the natural
landscape and increases, concentrates, pollutes, or otherwise alters the flow or amount
of stormwater runoff.
Impervious area means a measurement in square feet (SF) of impervious
surface on which the amount of stormwater runoff potential for a benefitted property
within a customer class is estimated.
Improved parcel means a parcel, lot or tract or portion of lot or tract that has been
changed from its natural state by addition of a building, facility, structure or other
improvement on all or a portion of the parcel, which creates an impervious surface.
Non - Residential property means an improved parcel that is not a residential
property, including commercial, industrial, institutional, and governmental uses, a
condominium or apartment consisting of five (5) or more residential units, a
homeowners' association, or other similar uses or properties.
Owner means the person(s) or entity(ies) listed as the owner of a parcel in the
Tarrant County Appraisal District's or the City's records.
Residential property means an improved parcel upon which five (5) or fewer
residential units are constructed in one building.
Residential unit means any building or portion thereof that contains living
facilities, including provisions for sleeping, eating, cooking and sanitation, as required by
applicable City codes, for not more than one family. A residential unit may be a single -
family house, a town home, a condominium, a manufactured home or a portion of a
duplex, triplex or quadplex.
Service area means the geographic area within the incorporated limits of the
City.
(11- 06 -09) Page 5
Stormwater or drainage infrastructure means the property - real, personal or
mixed - that is used in providing stormwater capacity to manage and control stormwater
runoff for the stormwater system, including bridges, catch basins, channels, conduits,
creeks, culverts, detention ponds, retention ponds, ditches, draws, creeks, flumes,
pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether
natural or artificial, or using force or gravity, that are used to draw off surface water from
land, carry the stormwater runoff away, collect, store, or treat the stormwater runoff, or
divert the stormwater runoff into natural or artificial watercourses.
Stormwater operations and maintenance expenditures means an expenditure
required to finance, operate and maintain stormwater infrastructure, including debt
service, equipment, personnel, educational and administrative expenditures.
Stormwater runoff potential means the relative potential for causing stormwater
runoff quantities, qualities, or velocities from an improved parcel based on the type of
development or land use on the parcel and the size of the parcel.
Stormwater utility fee means the fee established under Division 2, Article IX of
Chapter 23 of the Kennedale City Code that is levied against the owner or customer of a
benefitted property for stormwater (drainage) services provided by the stormwater
system, including, but not limited to, the items described in the definition of "cost -of-
service" in the Act. The Stormwater utility fee may also be referred to as a Drainage
utility fee.
Stormwater utility system means the stormwater (drainage) utility system owned
or controlled, in whole or in part, by the City, including the City's existing stormwater
facilities, materials, and supplies and any stormwater facilities, materials, and supplies
hereafter constructed or utilized, and dedicated to the service of benefitted property,
and including provision for additions to the system. 'The Stormwater utility system may
also be referred to as a Drainage utility system.
Wholly sufficient and privately owned stormwater system means land and
facilities owned and operated by a person or entity other than the City and from which
stormwater does not discharge, under any storm frequency event or conditions, into a
creek, river, slough, culvert, channel or other infrastructure that is part of the City's
stormwater system.
Sec. 23 -505. Administration.
(a) Duty of Director of Public Works. The Director of Public Works shall
administer the stormwater system. The Director shall maintain an accurate record of all
properties benefitted or served by the stormwater system and the stormwater utility fee
levied for each parcel or portion of a parcel. The record may be maintained within the
City's, utility billing system or in another record keeping system that may be developed.
(11- 06 -09) Page 6
(b) Program Implementation. By the adoption of this Article, the City makes
no representation that all stormwater problems may or will be remedied and the City
Council retains full discretion in establishing the priorities in expending funds as they
become available to meet the City's steFrnwateF draiRagestormwater (drainage) needs.
The adoption of this Article shall not be construed to relieve private land owners,
developers or other individuals or entities from providing stormwater improvements
required by the Kennedale City Code, and federal or State laws and regulations.
(c) Access to Benefitted Properties. City employees shall have access to a
benefitted property within the utility service area to inspect, maintain, repair, or enforce
this Article or State laws or regulations.
(d) Governmental Immunity. The City does not waive any immunity granted
under any law.
Sec. 23 -506. Stormwater utility fee, billing policies, and procedures.
(a) Stormwater Utility Rate Classes. A stormwater utility fee is established,
and the fee shall be imposed on each benefitted property within the utility service area
for stormwater (drainage) services and stormwater (drainage)
facilities provided by the stormwater system. A benefitted property within the utility
service area shall be classified and charged a stormwater utility fee based on the
stormwater utility rate determined by the property's stormwater utility rate class.
Depending on the use of the benefitted property, the property shall be classified as one
of the following stormwater utility rate classes:
(1) Residential property; or
(2) Non - Residential property.
(b) Responsible Party.
(1) A customer shall be billed monthly for stormviate
drainage stormwater (drainage) services. The stormwater utility fee
shall be levied along with other municipal utility services provided to
the premises, including water, wastewater or solid waste /refuse
services.
(2) The utility bill imposing the stormwater utility fee will be mailed to
either the customer or owner who is currently identified as the
responsible party for water, wastewater and solid waste service for
the benefitted property; and, the customer or owner recorded in the
utility billing system shall be responsible for payment of the
stormwater utility fee.
(11- 06 -09) Page 7
(3) If there is no active customer account for a benefitted property
recorded in the City's utility billing system, the benefitted property is
vacant, either on a temporary or permanent basis, or when a
benefitted property is not served by other municipal utility services,
the Director shall establish a "Stormwater Only Account" and shall
bill the owner of the benefitted property for the stormwater utility
fee. The owner of the benefitted property shall be responsible for
payment of fees imposed via a Stormwater Only Account.
(c) Revision of Rates. The City Council shall establish the initial stormwater
utility fee and stormwater utility rates via ordinance pursuant to the provisions of the Act.
The City Council reserves the right to review the fee and rate schedules at any time and
may, by ordinance, increase or decrease the stormwater utility fee or rates within the
schedule upon a determination that the increase or decrease is warranted.
(d) Billing Procedures and Policies.
(1) Any partial payment of the stormwater utility fee shall be applied against
the amount due in accordance with the policies and procedures
established for municipal utility services.
(2) A late charge and interest may be imposed in accordance with the policies
and procedures established for municipal utility services.
(e) Non - Payment. The City may direct the City Attorney to file suit to recover
any unpaid fees, together with maximum interest, attorneys' fees and other costs and
fees allowable under State or federal law. In addition to any other remedies or penalties
provided by State or federal law or in this Article, a customer's failure to pay the
stormwater utility fee when due shall subject the customer to disconnection of any or all
municipal utility services and /or the placement of a lien against the benefitted property
to the extent authorized by law and the Kennedale City Code, as amended.
Sec. 23 -507. Calculation of fees.
(a) Rates in Accordance with the Act. The stormwater system rates shall be
established in accordance with the provisions of the Act and this Section.
(b) Fee Calculation. The stormwater utility fee shall be based on an inventory
of improved parcels within the service area. The inventory. shall evaluate the
stormwater runoff potential for improved parcels within the service area and establish a
rate for each class of benefitted properties. If authorized by the City Council, the
Director may levy an amount to establish one or more funds to finance future
stormwater system construction and to improve stormwater quality. The stormwater
runoff potential for each class shall be equitably and proportionately distributed between
classes and among the parcels within each class of benefitted properties relative to the
(11- 06 -09) Page 8
contribution of each class to stormwater runoff. The stormwater utility fee shall be set
according to the requirements of Section 23 -502.
(c) Stormwater Runoff Potential. For purposes of establishing the
stormwater runoff potential for each class of benefitted properties and between classes
of benefitted properties, the Director shall calculate the impervious area for parcels
within the service area based on data gathered from the Tarrant County Appraisal
District, Geographic Information System records, and aerial photography and site plans
or plats available. The Director shall then determine the relative stormwater runoff
potential for each rate class and among parcels within each rate class. The rate for
each class of benefitted properties and for parcels within each class shall be based on
the impervious area measured in square feet (SF).
(d) Property values. In calculating the stormwater utility rate, the Director
shall be prohibited from using property values.
Sec. 23 -508. Stormwater utility fee credit.
(a) Any non - residential properties on which stormwater runoff mitigation
measures or best management practices (BMPs) have been implemented or which has
on file with the City an approved individual stormwater management permit issued by
the Texas Commission on Environmental Quality (TCEQ) may be eligible for a credit to
the stormwater utility fee.
(ba) The Director of Public Works shall adjust the fee for such properties
according to the actual mitigative effect of the measures taken. Best Management
Practices (BMPs) that were required as part of development plan approval will not be
eligible for such credits.
(gb) The credit methodology shall be set forth in an administrative policy to be
maintained in the Public Works Department of the City.
(de) The application for credit shall be in writing and shall include an
engineering report sealed by a Texas licensed professional engineer qualified in civil
engineering, or other documentation that the Director of Public Works deems
necessary, to properly evaluate the rationale for determining the credit for the approved
stormwater management techniques. Submitted applications may be reviewed by the
Director or by a third -party licensed engineer to validate the submitted rationale and
methodology. Stormwater credits will begin upon completion and inspection of the
approved mitigation measures on the property. Any property served by a private facility
that is maintained by the City shall not receive a credit and shall be charged the normal
monthly Stormwater Utility Fee.
(ed) The credit will be only for the impervious area within the total parcel area
which receives the stormwater management technique;
(11- 06.09) Page 9
(fe) The maximum credits available with appropriate documentation and
approval by the Director are as follows:
(1) Mitigation efforts impacting stormwater quality are worth up to 50%
credit against the original stormwater fee;
(2) Mitigation efforts impacting stormwater quantity are worth up to
50% credit against the original stormwater fee.
(g#) The Director of Public Works will determine the final credit allowance
based on all engineering reports.
(hg) The Director shall have the right to inspect the private stormwater
infrastructure facility at any reasonable time to determine if it is in compliance with the
approved design and continues to be capable of functioning properly. If the facility's
performance is affected, because it fails to meet the proper operating standards, has
been altered, or is in disrepair, the customer or owner shall pay the monthly stormwater
utility fee at the normal rate, without benefit of reduction, until such time that the facility
is brought into total compliance.
Sec. 23 -509. Collections and liens.
(a) Disconnection of Municipal Utility Service. The City shall keep an itemized V
account of the amounts owed pursuant to this Article. If any account is not paid within
the time period established for municipal utility fees for the benefitted property, as
outlined in the City's policies and procedures, and the customer fails to make other
arrangements satisfactory to the City, the City or its contracted utility service provider is
authorized to disconnect utility services pursuant to its normal and customary business
practices.
(b) Notice of Intent to Place Lien. If any amount is not paid within sixty (60)
days of the billing date, the City shall send notice to the customer and the property
owner of its intent to impose a lien against the property to which service is provided.
The notice of intent to place lien shall be mailed to both the property address listed by
the Tarrant County Appraisal District and the property owner's billing address. The
notice of intent to place lien shall contain the following information:
(1) The name and address of the customer to whom utility bills were
sent pursuant to this Article;
(2) The street address and a legal description of the real property on
which the building is or was located;
(3) A statement of fees and the balance due, including any late
charges and administrative fees incurred; and
(11- 06 -09) Page 10
(4) A statement that the fees are unpaid and delinquent, and that if not
paid in full within thirty (30) days, a lien will be placed upon the
premises.
(c) Appeal of Notice of Intent to Place Lien. The owner may appeal the
decision to impose the lien against the property to the City Manager and the City
Council under the procedures set forth in Section 23 -510. If the notice of appeal is filed,
the filing of the lien shall not be imposed pending the appeal.
(d) Notice of Lien Filed in County Records. If full payment or a Notice of
Appeal, with sufficient bond guaranteeing payment in a form acceptable to the City
Attorney as provided herein, is not received by the City within ten (10) days of the City's
mailing of the Lien Notice, the City Secretary shall file a notice of lien in the Deed
Records of Tarrant County, Texas. Such notice shall contain the following information:
(1) The name and address of the customer to whom utility bills were
sent pursuant to this Article and the name and address of the
owner of the property; and
(2) The street address and a legal description of the real property on
which the building is or was located; and
(3) An itemized statement of fees and the balance due, including any
late charges and administrative fees incurred.
(e) Personal Obligation of Property Owner. The expenses incurred by the
City as set forth in the notice of lien shall be a personal obligation of both the customer
and the property owner and shall constitute a priority lien against the property, which
lien, however, shall be secondary to an existing, recorded, bona fide mortgage lien.
The City Attorney or his /her designee may bring an action in any court of proper
jurisdiction against the owner of the property to recover the costs incurred by the City.
(f) Lien Shall be Valid and Privileged. Upon filing of the notice of lien in the
Deed Records of Tarrant County, Texas, the City's lien shall be valid against the
property so assessed. The City's lien shall be privileged and superior to all other liens,
including previously recorded judgment liens and any liens recorded after the City's lien.
The lien shall continue until the assessment and all interest due and payable thereon
has been paid.
(g) Lien Must be Paid. No utility service, building permit or certificate of
occupancy shall be allowed or issued on any property against which a lien has been
imposed until the lien is paid in full and such lien is released by the City.
(h) Release of Lien. After the expenses incurred by the City, as set forth in
the notice of lien, have been fully paid with interest of ten percent (10 %) per annum, the
(11- 06 -09) Page 11
City Secretary shall execute a release of lien, which shall be filed in the Deed Records
of Tarrant County, Texas.
Sec. 23 -510. Appeal of stormwater utility fees.
(a) Appeal to City Manager. An owner or customer who has been charged a
stormwater utility fee and believes that the calculation of the stormwater utility fee is
incorrect due to the miscalculation of impervious surface area, the misclassification of
the customer class, or the ownership of exempt property, may appeal the fee to the City
Manager. In addition, an owner or customer may appeal the discontinuance of the utility
service, the filing of a lien, or both legal actions for non - payment of stormwater utility
fees. The City Manager shall evaluate the appeal based on the provisions of this
Article.
(b) Process.
(1) To request an appeal, the owner or customer shall file a written
notice of appeal with the City Manager. The notice of appeal must
include the grounds upon which relief is sought and include all
documentation supporting the appeal. The City Manager may
decide the appeal based upon the notice of appeal, supporting
documentation, and information relied upon by the Director in the
original fee determination. Evidence not included with the notice of
appeal shall not be considered, and no hearing shall be held unless
the City Manager determines, in his /her sole discretion, that an
informal hearing would assist his /her determination of the merits of
the appeal. If a hearing is held, the City Manager shall provide at
least ten (10) business days written notice to the appellant of a date
and time for such informal hearing. In any case, the City Manager
shall decide and rule upon the appeal based upon a preponderance
of the evidence.
(2) The City Manager shall issue a written decision on the appeal
within sixty (60) days of the City Manager's receipt of the notice of
appeal.
(A) If the City Manager determines, based upon a
preponderance of the evidence, that a fee adjustment is
warranted or the rate class is incorrect within the first year
following the initial billing date on a benefitted property, the
City Manager shall authorize a rate adjustment, which shall
be retroactive to the beginning of billings for the appealed
fee but the retroactive period shall not exceed (1) year.
(B) If the City Manager determines, based upon a
preponderance of the evidence, that a fee adjustment is
(11- 06 -09) Page 12
warranted or the rate class is incorrect after the first year
following the initial billing date on a benefitted property, the
City Manager shall authorize a fee adjustment, which shall
be prospective and applied to future billings. At the City
Manager's discretion, the fee adjustment may also be
retroactive but the retroactive period shall not exceed three
(3) months prior to the receipt of the notice of appeal.
(c) Supporting Information for Appeal. The owner or customer filing the
appeal may be required, at his /her sole cost, to provide supplemental information to the
City Manager, including but not limited to survey data sealed by a Texas licensed
professional land surveyor, engineering reports sealed by a Texas licensed professional
engineer qualified in civil engineering, or other documentation that the City Manager
deems necessary to properly evaluate the appeal. The owner or customer shall provide
such information within thirty (30) days of the City Manager's request, and the deadline
for determination of the appeal will be extended accordingly. In determining the merits
of the appeal, the City Manager may consider the owner or customer's failure to provide
the requested information in a timely manner.
(d) Appeal to the City Council.
(1) An appellant may appeal the following decisions of the City
Manager to the City Council:
(A) the calculation of the stormwater utility fee for a benefitted
property due to the miscalculation of impervious surface
area, the miscalculation of the customer class, or the
ownership of exempt property, or
(B) the discontinuance of utility service, the filing of a lien, or
other legal action for non - payment of stormwater utility fees.
(2) In order to appeal, an appellant shall file a written appeal to the City
Council with the City Secretary within fifteen (15) days following
receipt of the City Manager's decision that is being appealed. The
City Council shall hear the appeal within sixty (60) days of receipt of
the appeal by the City Secretary. Notice of the hearing shall be
mailed to the address given in the appeal form or, if no address is
given, to the address on the utility billing statement at least fifteen
(15) days prior to the hearing.
(3) Any appeal under this Subsection shall be governed by the
following rules and procedures:
(A) Such appeal shall be set as an item on the regular City
Council agenda.
(11- 0609) Page 13
(B) At the hearing of the appeal, the City Council may consider
facts or evidence as the City Council determines is
appropriate. The Director or City Manager, or his designee,
shall present the facts and evidence relied upon and the
reasons for the ruling; the appellant then shall have an
opportunity to present the facts and evidence relied upon by
the appellant; the City Council then shall consider any facts
or evidence from the public or other interested persons. The
City Council may ask questions of the Director, the City
Manager, the appellant, or any other interested persons as
the City Council determines is appropriate. The City Council
may limit the time for any presentation in its sole discretion,
and may continue the hearing to a subsequent meeting at
the City Council's discretion. Upon the conclusion of the
hearing, the City Council may render its decision or it may
take the appeal under advisement and make or render its
decision on the appeal within thirty (30) days of the hearing.
Any appeal shall be determined by majority vote of the
members of the City Council then present at a meeting of the
Council. The City Council's decision shall be final.
(C) Written documents or evidence that any party, including the
Director or City Manager, wishes to submit must be filed with
the City Secretary and submitted to the City Council no
fewer than five (5) business days prior to the appeal hearing.
Any interested party may review any documents so
submitted prior to the hearing upon request, during normal
business hours. The appellant may submit a report
describing the basis for the appeal prepared by a Texas
licensed professional engineer qualified in civil engineering.
The failure to submit such a report shall be considered in
determining whether the applicant has met the burden of
proof and may constitute sufficient grounds for denial of the
appeal.
(D) The burden of proof shall be on the appellant to demonstrate
that the fee is not applicable, that the determination of the
fee amount is incorrect due to the misidentification of
impervious surface area, or that the rate class assigned to
the appellant is incorrect.
(E) No appeal for the same or related issue on the same piece
of property shall be allowed from a previous ruling on any
appeal absent a material change of circumstances. If the
appellant asserts such a change of circumstances and seeks
rehearing of an appeal, such appeal need not be considered
unless the appellant presents in writing evidence
(11- 06 -09) Page 14
establishing such change of circumstances. Any such
subsequent appeal shall be considered entirely on its merits
and the peculiar and specific conditions related to the
property on which the appeal is brought.
(F) If the appeal is accompanied by a bond or other sufficient
security satisfactory to the City Attorney in an amount equal
to the original determination of the stormwater utility fee due,
any discontinued utility service may be reinstated while the
appeal is pending. The City Council shall apply the
standards and review criteria contained in this Article.
(G) Following the hearing, the City Council shall consider all
evidence and determine whether the appeal should be
granted, in whole or in part, or denied.
Sec. 23 -511. Termination of stormwater utility system.
If, after at least five (5) years of substantially continuous operation of the
stormwater system, the City Council determines that the stormwater system should be
discontinued, the powers under the Act should be revoked, and the provision for
financing municipal stormwater costs should be made by using other revenues, the City
Council may adopt an ordinance that in effect, after providing notice and a public
hearing as required by the Act, discontinues the stormwater system.
Sec. 23 -512. Stormwater utility fund.
(a) Stormwater utility fund. A stormwater utility fund is established and may
consist of one or more accounts. All stormwater utility fees shall be deposited as
collected and received into this fund, and shall be used exclusively for stormwater
services as provided in the Act, including, but not limited to the following:
(1) The cost of the acquisition of land, rights -of -way, options to
purchase land, easements, and interests in land relating to
structures, equipment, and facilities used in draining the benefitted
property;
(2) The cost of the acquisition, construction, repair, and maintenance
of structures, equipment, and facilities used in draining the
benefitted property;
(3) The cost of architectural, engineering, legal, and related services,
plans and specifications, studies, surveys, estimates of cost and of
revenue, and all other expenses necessary or incident to planning,
designing, providing, or determining the feasibility and capability of
structures, equipment, and facilities used in draining the benefitted
property;
(11- 06 -09) Page 15
(4) The cost of all machinery, equipment, furniture, and facilities
necessary or incident to the provision and operation of draining the
benefitted property;
(5) The prorated cost of funding and financing charges and interest
arising from construction projects and the start-up cost of a
stormwater facility used in draining the benefitted property;
(6) The prorated cost of debt service and reserve requirements for
funding of stormwater infrastructure, equipment and facilities paid
with revenue bonds or other securities or obligations issued by the
City and supported by pledge of stormwater revenues, including
any fees and expenses incidental thereto;
(7) To the extent permitted by law, the cost of constructing, sampling,
monitoring, building, inspecting and maintaining structures needed
for the State's regulation and permitting requirements imposed on
the City for providing stormwater quality improvements for the
benefitted property; and
(8) The administrative costs of the stormwater system.
(b) Stormwater utility fund accounting.
(1) The City shall clearly account, for revenues and expenditures
authorized for operation of the stormwater system.
(2) The revenues collected from stormwater utility fees shall be
segregated and completely identifiable from other City funds and
accounts.
(3) Funds and revenues in the stormwater utility fund may be
transferred to the City's general fund as allowed by law.
(c) Stormwater utility service deposit. A deposit shall not be imposed for
initiation or continuation of stormwater utility service.
Sec. 23 -513. Exemptions.
(a) The following entities or persons shall be exempt from payment of the fees
established by this Article:
(1) State Government Entities. A state governmental entity listed
below, and a parcel in which the governmental entity holds a
(11- 06 -09) Page 16
freehold interest, are exempt from payment of the fees established
by this Article:
(A) The State of Texas; and
(B) A state agency.
(2) Institutes of Higher Education. A public or private institution of
higher education is exempt from payment of the fees established by
this Article in accordance with Section 430.003, of the Texas Local
Government Code, as amended.
(3) Private Property Exemption. Any property to which a mandatory
exemption under Section 552.053 of the Act applies is exempt from
this Article, including without limitation:
(A) Property with proper construction and maintenance of a
wholly sufficient and privately owned stormwater system that
does not discharge under any storm frequency event or
conditions to waterways controlled or maintained by the City;
(B) Property held and maintained in its natural state, until such
time that the property is developed and all of the public
infrastructure constructed has been accepted by the City for
maintenance; and
(C) A subdivided parcel or lot, until a structure has been built on
the lot and a certificate of occupancy has been issued, or the
City has taken another official action to release the property
for occupancy.
(4) Other Exemptions. Any property owned by the following described
or identified entities are exempt from payment of the fees
established by this Article:
(A) City of Kennedale; and
(B) Tarrant County; -a+A
(5) Proof of Exemption. If the owner of property asserts that such
property is exempt pursuant to this Section or any other applicable
law, such property owner has the burden to assert such exemption
by filing notice of eligibility for such exemption and sufficient
evidence of entitlement to such exemption with the Director of
(11- 06 -09) Page 17
Public Works. If the exemption is not granted, the owner may
appeal using the procedures for appeal provided in Section 23 -510,
above.
[Sec. 23 -514 to Sec 23 -525 Reserved]"
SECTION 2.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each
violation, and in addition shall pay all costs and expenses involved in the case. Each
day a violation occurs is a separate offense. Nothing herein contained shall prevent the
City from taking such other lawful action as is necessary to prevent or remedy any
violation.
SECTION 3.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting stormwater (drainage) services and
stormwater utility systems, 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 4.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of - the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
SAVINGS CLAUSE-
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code (1991), as amended, or
any other ordinances regarding stormwater (drainage) services and stormwater utility
systems that have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
(11- 06 -09) Page 18
pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
(11- 06 -09) Page 19
SECTION 6.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this Ordinance in
book or pamphlet form for general distribution among the public, and the operative
provisions of this Ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 7.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish the
caption 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 8.
EFFECTIVE DATE:
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED THIS DAY OF , 2010.
Bryan Lankhorst, Mayor
ATTEST:
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(1106 -09) Page 20
Staff Repot
To the Honorable Mayor and City Council
Date: November 30, 2009
Regular Meeting /Public Hearing Agenda Item No: XII -1
Subject: Case PZ #09 -24, Request for replat by Sharon Crouch
Originated by: Rachel Roberts, Planner
Summary: Sharon Crouch has requested a replat for the following property:
Approximately 6.163 acres, legally described as Oliver Acres Subdivision, Block 1, Lots
6A, 6A1, 6A2, 6A1A, 7A, & 7A2, Tarrant County, Texas. The physical address is 1121
Swiney Hiett, Kennedale.
Mrs. Crouch has requested to replat the tracts in to one (1) lot. The property is zoned "AG"
Agricultural. There is an existing house on one of the lots; the Crouchs intend to move or
demolish the existing house and construct a new home.
Review, processing and approval of replats.
According to Kennedale city code, every replat shall be reviewed for conformity with the
Comprehensive Land Use Plan, the requirements under Chapter 17, Article V, Division 6 of
the city code, and the regulations governing plats established in the Kennedale city code.
1. The replat does not conflict with the goals of the Comprehensive Land Use Plan,
the Future Land Use Plan, or the Thoroughfare Plan.
2. The replat does not conflict with other applicable ordinances.
Past Action.
The Planning & Zoning Commission heard Case PZ 09 -24 during its meeting on Thursday,
November 19, 2009. The Commission voted unanimously to recommend approval of the
replat, with several conditions. The conditions are intended to that the plat drawing conforms
to city requirements. The conditions were as follows:
1. The plat drawing should note which buildings are to be removed and which are yet to
be built; and
2. Side and rear setback lines should be added to the plat drawing.
1
Staff recommendation:
According to state law (Local Government Code, Sec. 212.005 and Sec. 212.010), plats must
be approved if they meet certain conditions. Staff believes that all conditions for this replat
request have been met, and that the replat should therefore be approved on the condition
that the plat drawing be corrected per the conditions listed above.
For your reference, an excerpt from the Kennedale city code concerning approval of plats is
shown below. If the Council wishes to impose additional conditions on the replat, the replat
should be disapproved and returned to the Planning & Zoning Commission for reprocessing.
Sec. 17 -230. Processing final plats, amending plats, minor plats, or replats.
The city council shall approve a plat if it conforms to the general plan of the city and to these
regulations. However, the city council may disapprove a plat which does not conform to the
general plan or to these regulations. If city council determines that additional conditions must
be met, the plat shall be disapproved and returned to the planning and zoning commission for
reprocessing, including commission approval, prior to resubmittal to city council. Any
disapproval shall be deemed a refusal by the city to accept the offered dedications shown
thereon. The action of the city council shall be final in the consideration of the proposed plat.
2
Properties within 200' of replat request, Case PZ 09-24
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Staff Report
To the Honorable Mayor and City Council
Date: November 30, 2009
Regular Meeting /Public Hearing Agenda Item No: X11-J
Subject: Case #09 -25, Request for a final plat by Kimley -Horn on behalf of
Chesapeake Land Development Company, L.L.C.
Originated by: Rachel Roberts, Planner
Summary: Kimley -Horn has requested approval of a final plat for the following property:
approximately 6.186 acres, being legally described as David Strickland Survey, Abstract
No. 1376, Tr 13, 13A7, 13 A08, 13C, 13D and Swiney Estates Block 1 Lot 24A & Block
2 Lot 1B, Kennedale, Tarrant County, Texas, with legal description by final plat
changing to George Case Addition, Block A, Lots 1, 2, & 3. The physical address is 400
Bolen Road and an unaddressed portion of Bolen Road.
The property is zoned "R -1" Single Family Residential, "C -2" General Commercial, and "AG"
Agricultural. The applicant is not requesting a rezoning of the lots in question. The current
zoning will remain in place until the owner wishes to develop the property, at which time a
rezoning may be required.
There are existing structures on the site, which are noted on the plat drawing. Where existing
property boundaries are proposed to be maintained, these structures do not meet setback
guidelines and will continue as non - conforming structures. Where property boundaries are
proposed to be changed, however, the structures comply with setback regulations.
This case was mistakenly advertised as a replat; it is actually both a final plat and a replat.
Public hearings are not required for final plats, but they are required for replats, so this plat
has been subject to a public hearing.
Review, processing and approval of final plats.
According to Kennedale city code, final plats shall be reviewed for conformity with the
Comprehensive Land Use Plan, the requirements under Chapter 17, Article V, Division 6 of
the city code, and any other regulations in the city code governing plats.
1. The replat does not conflict with the goals of the Comprehensive Land Use Plan,
the Future Land Use Plan, or the Thoroughfare Plan.
2. The replat does not conflict with other applicable ordinances.
1
Staff have reviewed the plat drawing have no objections to approving the request.
Past Action.
The Planning & Zoning Commission heard Case PZ 09 -25 during its meeting on Thursday,
November 19, 2009. The Commission voted unanimously to recommend approval of the
final plat and replat, with one condition, that the owner information on the plat drawing for Lot
13A6 be corrected to reflect a change in ownership. The condition is intended to ensure that
the plat conforms to city requirements.
Staff recommendation:
The final plat and replat request does not conflict with the Comprehensive Land Use Plan, the
Future Land Use Plan, or the Master Thoroughfare Plan and does not conflict with other
applicable ordinances. Staff recommends approval of the plat request.
For your reference, an excerpt from the Kennedale city code concerning approval of plats is
shown below. If the Council wishes to impose additional conditions on the replat, the replat
should be disapproved and returned to the Planning & Zoning Commission for reprocessing.
Sec. 17 -230. Processing final plats, amending plats, minor plats, or replats.
The city council shall approve a plat if it conforms to the general plan of the city and to these
regulations. However, the city council may disapprove a pllat which does not conform to the
general plan or to these regulations. If city council determines that additional conditions must
be met, the plat shall be disapproved and returned to the planning and zoning commission for
reprocessing, including commission approval, prior to resubmittal to city council. Any
disapproval shall be deemed a refusal by the city to accept the offered dedications shown
thereon. The action of the city council shall be final in the consideration of the proposed plat.
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The property for which a replat is requested is outlined in blue.
StaffReport
To the Honorable Mayor and City Council
Date: November 30, 2009
Regular Meeting /Public Hearing Agenda Item No: X11-K
Subject: Case #09 -26, Request for rezoning, requested by Larry Walther
Originated by: Rachel Roberts
Summary: Larry Walther has requested a rezoning for the following property from "AG"
Agricultural to "C -1" Restricted Commercial:
Approximately 1.13 acres at 900 W Kennedale Sublett, legal description of J M Lilly
Survey A980 Tr 4A01 and A985 Tr 1A01, Kennedale, Tarrant County, Texas.
Mr. Walther's property is on the southeast corner of Kennedale - Sublett and Little School
roads. The property across the street on Kennedale - Sublett (the northeast corner) is zoned
"C -1" Restricted Commercial. The property next to Mr. Walther's on Kennedale - Sublett is
zoned "AG" Agricultural, and the property across from Mr. Walther's on Little School Road is
also zoned "AG" Agricultural.
Conflict /Compliance with the Comprehensive Land Use Plan,
Thoroughfare Plan, and Future Land Use Plan.
The requested rezoning appears to conflict with the Comprehensive Land Use Plan through
the Future Land Use Plan (see next paragraph). Goal 1 of the Comprehensive Land Use
Plan calls for restricting commercial uses to major thoroughfares and high traffic
intersections. After the road improvements are completed along Kennedale - Sublett and Little
School roads, this may become a more important thoroughfare than it is now, but it is not
expected to become a high traffic intersection. The Future Land Use Plan calls for
commercial zoning at this intersection, but the location of the commercial zoning in the Future
Land Use Plan is along Little School Road, rather than on Kennedale - Sublett.
The Future Land Use Plan calls for Mr. Walther's property to be zoned Low Density
Residential. The property across the street that is currently zoned commercial is also shown
as Low Density Residential in the Future Land Use Plan. Certainly the Future Land Use Plan
has identified this intersection as the site for commercial development, and the
Comprehensive Land Use Plan identifies this intersection as a commercial node, but the plan
also states that commercial nodes do not "encroach into residential neighborhoods" (p. 38).
Staff believes that a commercial node at the site in question may constitute an encroachment
into the existing residential neighborhood. Although the neighboring properties are zoned
agricultural, many of them are residential in nature, that is, they have single - family residential
structures built close to the road, with agricultural activities —if any— maintained in the rear of
the properties. In addition, as Little School Road has higher traffic counts than does
Kennedale - Sublett, and as there are some existing commercial uses along Little School
Road, commercial development along Little School— rather than along Kennedale-Sublett—
seems more appropriate.
The city's Comprehensive Land Use Plan is expected to undergo an update and revision
process beginning late next year and concluding in 2011 or 2012. This process may or may
not include changes in how property in this area is zoned, including the applicant's property.
Other Factors:
Utilities.
The property is served by an 8" city water line and a 6" city sewer line. The Little School
Road property that is designated as commercial in the Future Land Use Plan is served by a
12" water line and a 12" sewer line. The Little School Road property, therefore, seems better
prepared for future development in terms of water and sewer utilities, but the Public Works
Design Manual only requires a minimum 6" sewer line and an 8" water line. The applicant's
property therefore meets minimum requirements for water and sewer, and depending on the
kind of commercial use that developed on the site, these utility lines would be sufficient. In
addition, these lines are expected to be upgraded, although no time estimate for the upgrade
has yet been established (it would not be within the next year, at a minimum).
Street improvements
Kennedale - Sublett Road is scheduled to undergo improvements beginning in approximately
fall of 2010 and ending approximately one year later. Improvements to the road will include
the addition of center medians and the addition of a roundabout at the intersection of Little
School and Kennedale - Sublett roads. The roundabout and center medians will prohibit west-
bound traffic on Kennedale - Sublett from turning left into the subject property. Staff does not
expect that these improvements would impede access to the property enough to make
commercial development unfeasible. However, traffic counts and traffic projections indicate
that this intersection will not generate enough traffic for viable commercial use. For example,
projected traffic counts on Kennedale - Sublett at this intersection for 2009 are 3,040, and
projected traffic counts at the same location for 2030 are 6,500. In contrast, the 2009
projection for Kennedale Parkway between Bowman Springs and Sublett is 22,180 for 2009
and 29,020 for 2030 [Source: North Central Texas Council of Governments technical
memorandum, 11.6.2009]. Kennedale Parkway has difficulty supporting commercial
businesses; with its much lower traffic counts, it seems unlikely that the Kennedale - Sublett &
Little School Road intersection would generate enough traffic to support a commercial
business.
Platting, Lot Dimensions.
The subject property is not platted; no building permits could be issued until the two lots are
platted.
Past Action.
The Planning & Zoning Commission heard Case PZ 09 -26 during its meeting on Thursday,
November 19, 2009. The Commission voted unanimously to recommend denial without
prejudice of the rezoning request.
E
Guidelines from the City Code.
The Kennedale city code lays out factors the City Council may consider in deciding whether
to approve a zoning change. These guidelines may be helpful to the Council in making its
decision and are as follows:
Sec. 17 -429. Amendments.
(h) Action on application. The proponent of any zoning change shall satisfy the city council
that either the general welfare of the portion of the city affected by the area to be changed will
be enhanced, or that the property is unusable for the purposes allowed under existing zoning.
If such is proved to the council's satisfaction, it may grant the requested zoning change; or it
may change the zoning designation on a portion of such property; or it may initiate a request
to consider changing all or a portion of such property to a district other than that requested
and of a different character. Furthermore, not withstanding any provision to the contrary, the
city council acting on the recommendation of the planning and zoning commission or on its
own initiative, in considering a rezoning application may consider and approve any zoning
classification set forth in the city's adopted zoning ordinance having a lesser intensity and
being more restrictive than the zoning designation requested by the applicant.
Staff Recommendation:
Staff does not believe that the general welfare of this portion of the city could be enhanced by
a rezoning to commercial use designation, nor does staff believe the property is unusable for
the purposes allowed under existing zoning. The property in question, which is zoned "AG"
Agricultural, is too small to allow the keeping of livestock, but other agricultural uses would be
permitted. In addition, the requested rezoning is in conflict with the Future Land Use Plan
component of the Comprehensive Land Use Plan. Therefore, staff recommends denial
without prejudice of the request for rezoning to C -1 Restricted Commercial.
If the Commission recommends approval of the rezoning request, staff recommends approval
of a rezoning to a C -0 Retail, rather than to a C -1 Restricted, commercial district
classification.
3
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ORDINANCE NO. 444
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE;
BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES
WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 1.13 ACRES
ENCOMPASSING ABSTRACT 980, TRACT 4A01 ABSTRACT 985, TRACT
IAOI, OUT OF THE J.M. LILLY SURVEY, CITY OF KENNEDALE, TARRANT
COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL
ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SAVINGS 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 Xl, Section 5, of the Texas Constitution and Chapter 9 of the Local
Government;
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 on November 19, 2009 and by the City Council of the City of Kennedale on the 10th day of
December 2009, 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 of Kennedale, Texas does hereby deem it advisable and in the public
interest to amend Ordinance No. 40, as amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Ordinance No. 40, 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:
c:Akturner\ council \ord \zonechg09 - 26(12- 03 -09) Page 1 of 4
Abstract 980, Tract 4A01 and Abstract 985, Tract 1 A01 out of the J.M. Lilly Survey, City of
Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached
hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "AG"
Agriculture to that of "C -1" Restricted Commercial District.
SECTION 2.
The zoning districts and boundaries as 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 Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the
City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of
the City of Kennedale 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 Ordinance No. 40 or of any amendments thereto 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.
c:Aktumer \council \ord \zonechg09 - 26(12- 03 -09) Page 2 of 4
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 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 8.
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED this 10` day of December 2009.
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
c:Uctumer\ council \ord \zonechg09 - 26(12- 03 -09) Page 3 of 4
Staff Report
To the Honorable Mayor and City Council
Date: November 30, 2009
Regular Meeting /Public Hearing Agenda Item No: XII -L
Subject: Case #09 -27, Request for rezoning by Stephanie Ahrens
Originated by: Rachel Roberts
Summary: Stephanie Ahrens has requested a replat for the following property:
Approximately 1.763 acres, legally described as Murray Hill Estates, Block 1, Lot 21,
Kennedale, Tarrant County, Texas. The physical address is 1228 Kennedale Sublett
Rd.
Mr. and Mrs. Ahrens want to subdivide their property into two (2) lots. The property in
question is zoned R -2, as are the other properties in this subdivision. The proposed replat
meets the requirements for a replat, except for the front setback requirement, which is 40
feet. The proposed lots have a 30 -foot setback. This is what was required when the original
lot was platted, and most of the properties in this subdivision have the same setback. The
city requests that if the replat is approved, the Commission grant a variance on the front
setback to allow a 30 foot setback. A variance would allow the lots to be more in keeping
with the character of the neighborhood.
The Planning and Zoning Commission considered a replat request from Mrs. Ahrens at the
October 2009 meeting. That replat did not meet the lot width requirement, which is a
minimum of 100 feet at the front setback line. Mrs. Ahrens requested a variance from this
requirement. The replat request was denied, and the applicant removed the request from
consideration at the November meeting of the City Council. A revised plat drawing has been
submitted with this request for a replat. Lot 21 R1 now meets the requirement that the lot be a
minimum of 100 feet wide at the front setback line; this requirement has been met by
extending the property line for approximately half of the depth of the lot so that the front half
of the lot is 100 feet wide. The applicant does not plan to move the existing fence but instead
has proposed a "multiple use and fence" easement, so that the existing fence will be on the
newly- created lot, Lot 21 R1.
Review, processing and approval of replats.
According to Kennedale city code, every plat shall be reviewed for conformity with the
Comprehensive Land Use Plan, the requirements under Chapter 17, Article V, Division 6 of
the city code, and the regulations governing plats established in the Kennedale city code.
1
1. The replat does not conflict with the goals of the Comprehensive Land Use Plan,
the Future Land Use Plan, or the Thoroughfare Plan.
2. The replat does not conflict with other applicable! ordinances.
Past Action.
The Planning & Zoning Commission heard Case PZ 09 -24 during its meeting on Thursday,
November 19, 2009. The Commission voted unanimously to recommend approval of the
replat, with several conditions, as listed below:
1. Applicant shall amend title of plat drawing to include the preparation date, to conform
with standards set forth in the city code; and
2. Applicant shall amend the plat drawing to include all existing structures and note
which structures are permanent structures, as this will allow staff to verify that no
structures encroach on the setback lines; and
3. The Commission grant a variance to allow a 30' front setback originally required,
rather than requiring the 40' setback now required; and
4. That the applicant remove the mutual use and fence easement from the replat.
Conditions 1 and 2 are needed so that the plat drawing will conform with city requirements.
Condition 3 is a variance requested by the city.
Condition 4 is based on concerns from staff and from the Commission. If the second lot, Lot
21 R1, is sold as the Ahrens intend, the Ahrens' fence will be on the new owner's property,
but the new owner will not be able to remove the fence. What's more, the new owner would
be obliged to go around the fence or through a gate in order to gain access to his or her
property north of the fence; in essence, the Ahrens would maintain control of the property
north of the fence, even though the property would belong to the new owner. Kennedale city
code states that in plat drawings, no lot "shall be shown with an easement which prevents
proper development and full utilization of the lot as a suitable building site for the intended
zoning district" [Sec. 17- 299(4)]. Staff and the Commission are concerned that the proposed
mutual use and fence easement would be in conflict with this part of the city code.
Staff recommendation:
Staff recommends that the Council approve the replat with the conditions listed above.
For your reference, an excerpt from the Kennedale city code concerning approval of plats is
shown below. If the Council wishes to impose additional conditions on the replat, the replat
should be disapproved and returned to the Planning & Zoning Commission for reprocessing.
Sec. 17 -230. Processing final plats, amending plats, minor plats, or replats.
The city council shall approve a plat if it conforms to the general plan of the city and to these
regulations. However, the city council may disapprove a plat which does not conform to the
general plan or to these regulations. If city council determines that additional conditions must
2
be met, the plat shall be disapproved and returned to the planning and zoning commission for
reprocessing, including commission approval, prior to resubmittal to city council. Any
disapproval shall be deemed a refusal by the city to accept the offered dedications shown
thereon. The action of the city council shall be final in the consideration of the proposed plat.
3
Properties within 200' of replat request, Case PZ 09 -27
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410 205 0 410 Feet
1228 Kennedale Sublett W . E
S
Staff Report
To the Mayor and Council Members
Date: December 4, 2009
Agenda Item No: X11-M
Subject: Consider action to authorize the City Manager to sign an Interlocal Agreement
with NCTCOG for a watershed study.
Originated by: Bob Hart
Summary: NCTCOG has facilitated a meeting with various cities within the Village Creek
Watershed to ascertain interest in a joint Upper Trinity River Feasibility Study.
Such a study could increase watershed data to aid in flood risk reduction, water
quality protection, environmental restoration, recreation and other allied
purposes. The next step in this process would be the completion of an interlocal
agreement with NCTCOG in order to facilitate a funding application to the
Texas Water Department Fund. This item has been placed on the agenda in
anticipation of NCTCOG generating an interlocal agreement.
Attachments: Village Creek Watershed Study (Powerpoint) and Village Creek Political
Boundaries Map
Recommendation: City Staff recommends approval.
Disposition by Council:
Village Creek Watershed
23 November 2009
VILLAGE CREEK
WATERSHED STUDY
November 23, 2009
Into the 21 st Century
Trinity River COMMON VISION
➢ SAFE Trinity, with stabilization and reduction of
flooding risks
➢ CLEAN Trinity, with fishable and swimmable
waters
➢ ENJOYABLE Trinity, with recreational
opportunities linked by a trails system within a
`world - class' greenway
➢ NATURAL Trinity, with preservation and
restoration of riparian and cultural resources
➢ DIVERSE Trinity, with local and regional
economic, transportation, and other public needs
met
Village Creek Watershed
23 November 2009
Purposes of the
Upper Trinity River Feasibility Study
➢Flood Risk Reduction
➢Water Quality Protection
➢Environmental Restoration
➢Recreation
➢Other Allied Purposes
Village Creek Watershed
Request by City of Kennedale
Watershed data
➢ Proposed USAGE study
➢TWDB Grant
2
Village Creek Watershed
23 November 2009
Village Creek Watershed
➢ Composed of: Arlington, Briaroaks, Burleson,
Cross Timber, Crowley, Dalworthington
Gardens, Everman. Forest Hill, Fort Woth,
Joshua, Kennedale, Mansfield,, Pantego
➢ Subwatersheds: Wildcat Branch -Lake Arlington,
Rush Creek - Village Creek,
Village Creek -Lake
Arlington, Deer Creek -
Village Creek, Quil Miller
Creek - Village Creek
Village Creek Watershed
➢191.1 Sq Miles
➢ Rural and Urban
➢ Bridges and Crossings
➢ Lake Arlington
➢ Infrastructure in the
Floodplain
➢ Erosion and Sediment
issues
3
Village Creek Watershed
23 November 2009
All,
- • 11
Village Creek Political Boundaries
Village
Creek
--
Watershed;;';
Political
ll ,,
t
Boundaries
All,
- • 11
s.•mL
i
z
I
4
Village Creek Watershed
23 November 2009
Study Management Structure
➢ US Army Corps of Engineers
➢ NCTCOG as local sponsor
➢ Participating Community Stakeholders
➢ Funding (50/50 cost share)
USAGE Feasibility Study
➢ Phases of Feasibility Study
➢ Deliverables
➢ USACE focus areas and interests
5
Village Creek Watershed
Next Ste n
➢ Interlocal Agreements
➢Contract with U SAC E
➢.. WDB Grant
➢Cost Share Structure
➢ Establish Stakeholder CommitttjtjZ5
THANK YOU!!!
For more information please contact
Jack Tidwell
817 -695 -9220
or
Audra Valamides
2000`
817- 608 -2341
Village Creek Pol'Jcal Boundaries _
/� inaw Euless
./ North Richland t i is a
Lalc ' rth ) r lurst
ich lant1.11
-- � 'll:>Itom City/' �>
S,tnsotn Park �
��i 121
L ake o h.
RivcrZlts,
19 12
1
1
' mworth'Village 37 -
18
Westov llills 876
Pantego
For r I
t}
) 3 d c a. 5. O n 2
Lake Arlington
1g Lake Arlington
Ben rook VHlage Crnr;k
r
Tarrant -
..,...�. 28
i nest - 11111 Arlington '
Ed-rcliff Vi lags
K t edal r
876
\9 t l a g'' re k 28
Lake,Arhngto
l
Village Creek
Village ' " Crock
,_
z8
lcni]on CDR_
rowlev
Mansfield ,
87B
--
Et rleson '
It rrce It ranrl
Qu y M D
p lace Crock
i
Rriaroalcs
Cross r l'inlher
17
Johnson W* t;
T r Legend
1 �d Counties Pr, —ry Highway
- _ -. S Ilia. -
Gties Secondary Highway
Lakes Access Ramp
7 NHD Streams I Major Ate rel
3
Vlage Creek
_J WDD HU10 Watersheds
WBD HU12 Subwatersheds
North Central Texas
Council of Governments Venn;
I Er vuunr — i l & Dom!opii .-d
0 D.5 1 2 3
Miles
�r A var do
Source:
- - NCTCOG
Watershed Boundary Dataset (WBD) by
Cleburne USDA- Natural Resources Conservation Service
i
Keene -eene
Staff Report
To the Mayor and Council Members
Date: December 4, 2009
Agenda Item No: XI -N
Subject: Consider approving a resolution authorizing the issuance of certificate of
obligations for financing the TownCenter development
Originated by: Bob Hart
Summary: The Kennedale Economic Development Corporation has acquired both the
appropriate property and developer to proceed with the TownCenter project.
Various financing options were explored, and it was determined that the best
financing tool is a tax exempt instrument as opposed to an EDC sales tax -
backed bond. Consequently, it is recommended that the city council authorize
the issuance of certificate of obligations in an amount not to exceed $2 million.
Attachments: Resolution; certificate of obligation debt service schedules; Kennedale
TownCenter site plan; Kennedale TownCenter utility plan; estimate of
construction costs
Recommendation: City Staff recommends approval of the attached resolution
Disposition by Council:
CITY OF KENNEDALE, TEXAS
Certificates of Obligation, Series 2010
(Town Center Project)
TIMETABLE OF EVENTS
Date Event
Monday EDC meets and gives Executive Director and Staff approval to proceed
December 7, 2009 on Town Center Project and to begin legal for long -term lease to City for
Lot 8 and to begin Interlocal Agreement with the City for payment of
Certificates of Obligation
Tuesday Staff briefs MMD Board on Town Center Financing Plan
December 8, 2009
Thursday City Council receives briefing on Town Center Financing Plan
December 10, 2009
• City Council authorizes the Notice of Intention Resolution
Saturday First publication of Notice of Intention
December 12, 2009
Friday First draft of Offering Documents completed and sent to Bond Counsel
December 18, 2009 for comments
Saturday Second publication of Notice of Intention
December 19, 2009
Tuesday Comments due on first draft of Offering Documents
December 22, 2009
Wednesday Offering Documents sent to Rating Agencies and Insurance Companies
December 23, 2009
Thursday Ratings and Insurance Qualifications due
January 7, 2009
Tuesday EDC approves Interlocal Agreement for Certificate of Obligation
January 12, 2010 payments
Wednesday Certificate of Obligation Pricing.
January 13, 2010
Thursday City Council approves Interlocal Agreement for Certificate of
January 14, 2010 Obligation Payments
• City Council authorizes Ordinance issuing Certificates of
Obligation
Wednesday Certificate of Obligation Closing; Funds wired to City's Depository Bank
February 10, 2010
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF KENNEDALE §
I, the undersigned City Secretary of said City, hereby certify as follows:
1. The City Council of said City convened in REGULAR MEETING ON THE 10"' DAY
OF DECEMBER, 2010, at the City Hall, and the roll was called of the duly constituted officers and
members of said City Council, to wit:
Bryan Lankhorst, Mayor
John Clark, Councilmember, Place 1
David Green, Councilmember, Place 2
Brian Johnson, Councilmember, Place 3
Kelly Turner, Councilmember, Place 4
Jerry Miller, Councilmember, Place 5
and all of said officers and members of said City Council were present, except the following
absentees: , thus constituting a quorum. Whereupon, among
other business, the following was transacted at said Meeting: a written
RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
was duly introduced for the consideration of said City Council. It was then duly moved and
seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the
adoption of said Resolution, prevailed and carried by the following vote:
AYES: NOES: ABSTENTIONS:
2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; that said
Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above
and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said
Meeting pertaining to the passage of said Resolution; that the persons named in the above and
foregoing paragraph are the duly chosen, qualified and acting officers and members of said City
Council as indicated therein; that each of the officers and members of said City Council was duly
and sufficiently notified officially and personally, in advance, of the time, place and purpose of the
aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said
Meeting, and each of said officers and members consented, in advance, to the holding of said
Meeting for such purpose, and that said Meeting was open to the public and public notice of the
time, place and purpose of said meeting was given, all as required by Chapter 551, Texas
Government Code.
SIGNED AND SEALED the 10 "' day of December, 2010.
(SEAL)
City Secretary, City of Kennedale, Texas
Draft dated 12/3/09
RESOLUTION NO.
RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF KENNEDALE
WHEREAS, the City Council of the City of Kennedale, Texas (the "City ") hereby
determines that it is necessary and desirable to (1) construct improvements and extensions to the
City's waterworks, sewer and storm sewer systems; (2) construct, improve and repair City streets,
parking lots and sidewalks, together with drainage improvements, utility line construction,
relocation, replacement, and improvements, traffic and street signalization, landscaping, signage and
lighting improvements; (3) relocate and restore historic section house; (4) provide local match for
federal grant to make street, sidewalk, landscaping, intersection, and lighting improvements; and (5)
pay all or a portion of the City's contractual obligations for professional services rendered by
engineers, attorneys, and financial advisors in connection with the above projects (collectively, the
"Project ");
WHEREAS, the City Council of the City intends to finance the Project from proceeds
derived from the sale of one or more series of Combination Tax and Revenue Certificates of
Obligation issued by the City pursuant to Sections 271.041 - 271.063, Texas Local Government
Code, as amended; and
WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the City Council
deems it advisable to give notice of intention to issue certificates of obligation in an amount not to
exceed an aggregate of S2, 000,000 for the purpose of paying, in whole or in part, the Project, to pay
all or a portion of the legal, fiscal and engineering fees in connection with the Project, and to pay
the costs of issuance related to the certificates of obligation; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
resolution was passed was open to the public, and public notice of the time, place and purpose of
said meeting was given, all as required by Chapter 551, Texas Government Code.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1. APPROVAL OF NOTICE OF INTENTION Attached hereto is a form of the "Notice
of Intention to Issue Combination Tax and Revenue Certificates of Obligation ", the form and
substance of which is hereby adopted and approved.
SECTION 2. AUTHORIZATION TO PUBLISH NOTICE OFINTENTION The City Secretary shall
cause said notice to be published in substantially the form attached hereto in a newspaper of general
circulation in said City, on the same day in each of two consecutive weeks, the date of the first
publication thereof to be before the 30th day before the date tentatively set for the passage of the
ordinance authorizing the issuance of such certificates of obligation as shown in said notice. The
City Manager and the City Secretary are each authorized to make changes to said Notice as
necessary prior to its publication.
SECTION 3. INCORPORATION OF RECITALS The City Council hereby finds that the
statements set forth in the recitals of this Resolution are true and correct, and the City Council
hereby incorporates such recitals as a part of this Resolution.
SECTION 4. EFFECTIVE DATE This Resolution shall become effective immediately upon
passage.
[The remainder of this page intentionally left blank]
2
PASSEDANDAPPROVED BY THE CITY COUNCIL OF THE CITYOFKENNEDALE,
TEXAS ON THE I ff" DA Y OF DECEMBER, 2009.
City Secretary, City of Kennedale, Texas Mayor, City of Kennedale, Texas
(SEAL)
[SIGNATURE PAGE To NOTICE OE INTENTION RFsOEU'1'I0N]
CITY OF KENNEDALE, TEXAS
NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
The City Council of the City of Kennedale, Texas (the "City ") does hereby give notice of
intention to issue one or more series of City of Kennedale, Texas Combination Tax and Revenue
Certificates ofObligation in the maximum aggregate principal amount not to exceed S2, 000, 000 for
the purpose of paying, in whole or in part, contractual obligations incurred to (1) construct
improvements and extensions to the City's waterworks, sewer and storm sewer systems; (2)
construct, improve and repair City streets, parking lots and sidewalks, together with drainage
improvements, utility line construction, relocation, replacement, and improvements, traffic and street
signalization, landscaping, signage and lighting improvements; (3) relocate and restore historic
section house; (4) provide local match for federal grant to make street, sidewalk, landscaping,
intersection, and lighting improvements; and (5) pay all or a portion of the City's contractual
obligations for professional services rendered by engineers, attorneys, and financial advisors in
connection with the above projects. The City proposes to provide for the payment of such
Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided
by law and from a lien on and pledge of "Surplus Revenues ", if any, received by the City from the
ownership and operation of the City's waterworks and sanitary sewer system. The City Council
proposes to authorize the issuance of such Certificates of Obligation at 7:00 p.m. on Thursday,
January 14, 2010, at a Regular Meeting, at the City Hall, Kennedale, Texas.
/s/ Bryan Lankhorst
Mayor, City of Kennedale, Texas
Nov 20, 2009 2:15 pm Prepared by Southwest Securities Page I
BOND DEBT SERVICE
"
City of Kennedale, Texas
Certificates of Obligation, Series 2010
Dated Date
05/01/2010
Delivery
Date
05/01/2010
Annual
Period
Debt
Debt
Ending
Principal
Coupon
Interest
Service
Service
11/01 /2010
43,750
43,750
05/01/2011
55,000
5.000%
43,750
98,750
09/30/2011
1 42,500
11 /01/2011
42,375
42,375
05/01/2012
55,000
5.000%
42,375
97,375
09/30/2012
139,750
11/01/2012
41,000
41,000
05/01/2013
60,000
5.000%
41,000
101,000
09/30/2013
142,000
11/01/2013
39,500
39,500
05/01/2014
60,000
5.000%
39,500
99,500
09/30/2014
139,000
11/01/2014
38,000
38,000
05/01/2015
65,000
5.000%
38,000
103,000
09/30/2015
141,000
11 /01/2015
36,375
36,375
05/01/2016
70,000
5.000%
36,375
106,375
09/30/2016
142,750
11/01/2016
34,625
34,625
05/01/2017
70,000
5.000%
34,625
104,625
09/30/2017
1 39,250
11/01/2017
32,875
32,875
05/01/2018
75,000
5.000%
32,875
107,875
09/30/2018
140,750
11/01/2018
31,000
31,000
05/01/2019
80,000
5.000%
31,000
1 11,000
09/30/2019
142,000
11101/2019
29,000
29,000
05/01/2020
80,000
5.000%
29,000
109,000
09/30/2020
138,000
11101/2020
27,000
27,000
05/01/2021
85,000
5.000%
27,000
112,000
09/30/2021
139,000
11/01/2021
24,875
24,875
05/01/2022
90,000
5.000%
24,875
114,875
09/30/2022
139,750
11/01/2022
22,625
22,625
05/01/2023
95,000
5.000%
22,625
117,625
09/30/2023
140,250
11/01/2023
20,250
20,250
05/01/2024
100,000
5.000%
20,250
120,250
09/30/2024
140,500
11/01/2024
17,750
17,750
05/01/2025
105,000
5,000%
17,750
122,750
09/30/2025
140,500
11/01/2025
15,125
15,125
05/01/2026
110,000
5.000%
15,125
125,125
09/30/2026
140,250
11/01/2026
12,375
12,375
05/01/2027
115,000
5.000%
12,375
127,375
09/30/2027
139,750
11/01/2027
9,500
9,500
05/01/2028
120,000
5.000%
9,500
129,500
09/30/2028
139,000
11/01/2028
6,500
6,500
05/01/2029
125,000
5.000%
6,500
131,500
Nov 20, 2009 2:15 pm Prepared by Southwest Securities Page I
Nov 20, 2009 2:15 pin Prepared by Southwest Securities Page 2
BOND DEBT SERVICE
City of Kennedale, Texas
Certificates of Obligation, Series 2010
Annual
Period
Debt
Debt
Ending
Principal Coupon Interest
Service
Service
09/30/2029
138,000
11/01/2029
3,375
3,375
05/01/2030
135,000 5.000% 3,375
138,375
09/30/2030
141,750
1,750,000 1,055,750
2,805,750
2,805,750
Nov 20, 2009 2:15 pin Prepared by Southwest Securities Page 2
1 2 i.
ES
I II
-I"///
THIS ESTIMATE HAS BEEN COMPLETED ON LIMITED INFORMATION AND SHOULD BE USED
FOR PROJECT EVALUATION ONLY. PRIOR TO MAKING FINANCIAL COMMITMENTS BASED ON
"` THIS ESTIMATE, THESE NUMBERS SHOULD BE VERIFIED.
PROJECT NAME:
Kennedale TownCenter
CITY:
Kennedale, Texas
DATE:
11116109
FILENAME:
QTO 20091115.xls
A. WATER DISTRIBUTION SYSTEM
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL PUBLIC PRIVATE
I UNIT
PRICE
TOTAL
AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
8" P.V.C. WATERLINE
LF
345
305
40
$30.00
$10,350.00
$9,150.00
$1,200.00
8" GATE VALVE & BOX
EA
4
2
2
$900.00
$3,600.00
$1,800.00
$1,800.00
CONNECT TO EXISTING WATER LINE
EA
4
1
3
$1,000.00
$4,000.00
$1,000.00
$3,000.00
FIRE HYDRANT
EA
3
1
2
$3,000.00
$9,00100
$3,000.00
$6,000.00
3/4" SINGLE WATER SERVICE LINE
LF
618
125
493
$15.00
$9,270.00
$1,875.00
$7,395.00
DOMESTIC WATER METER
EA
8
2
6
$580.00
$4,640.00
$1,160.00
$3,480.00
IRRIGATION WATER METER
EA
5
1
4
$580.00
$2,900.00
$580.00
$2,320.00
TRENCH SAFETY
LF
345
305
40
$1.00
$345.00
$305.00
$40.00
MISC. UTILITY ADJUSTMENTS
EA
5
5
0
$500.00
$2,500.00
$2,500.00
$0.00
SUB - TOTAL WATER DISTRIBUTION SYSTEM $46,605.00
$21,370.00
$25,235.00
B. SANITARY SEWER SYSTEM
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL PUBLIC PRIVATE
UNIT
PRICE
TOTAL
AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
6" SDR -35 P.V.C. PIPE
LF
740
740
0
$25.00
$18,500.00
$18,500.00
$0.00
4" SERVICE LINES
LF
340
100
240
$20.00
$6,800.00
$2,000.00
$4,800.00
4' DIAMETER MANHOLE
EA
3
3
0
$3,000.00
$9,000.00
$9,000.00
$0.00
4' MANHOLE OVER EXISTING LINE
EA
2
1
1
$5,000.00
$10,000.00
$5,000.00
$5,000.00
CLEANOUT
EA
8
2
6
$750.00
$6,000.00
$1,500.00
$4,500.00
GREASE TRAP (1000 GAL)
EA
1 8
0
1 8
1 $2,500.00
$20,000.00
$0.00
$20,000.00
TRENCH SAFETY
LF
1 740
740
1 0
1 $1.001
$740.00
$740.00
$0.00
MISC UTILITY ADJUSTMENTS
EA
4
4
0
$500.00
$2,000.00
$2,000.00
$0.00
SUB - TOTAL SANITARY SEWER SYSTEM $73,040.00
$38,740.00
$34,300.00
Shield Engineering Group, PLLC.
Confidential
C: \Users \Craig 1 \Desktop \temp from buff drive \Kennedale \calcs\20091115 OTO Page 1 of 4
"` THIS ESTIMATE HAS BEEN COMPLETED ON LIMITED INFORMATION AND SHOULD BE USED
" FOR PROJECT EVALUATION ONLY. PRIOR TO MAKING FINANCIAL COMMITMENTS BASED ON "'
`" THIS ESTIMATE, THESE NUMBERS SHOULD BE VERIFIED. —
PROJECT NAME:
Kennedale TownCenler
CITY.
Kennedale, Texas
DATE:
11116109
FILE NAME:
QTO 20091115.xls
C. STORM SEWER SYSTEM
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL I PUBLIC PRIVATE
I UNIT
PRICE
TOTAL
AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
STORM DRAIN DEMO
LS
1
1
0
$10,000.00
$10,000.00
$10,000.00
$0.00
18" R.C.P.
LF
200
50
150
$36.00
$7,200.00
$1,800.00
$5,400.00
24" R.C.P.
LF
500
125
375
$48.00
$24,000.00
$6,000.00
$18,000.00
5' INLET
EA
5
125
3.75
$2,500.00
$12,500.00
$3,125.00
$9,375.00
STORM SEWER MANHOLE
EA
2
0.50
1.50
$4,500.00
$9,000.00
$2,250.00
$6,750.00
CONNECT TO EXISTING STORM LINE
EA
1
025
0.75
$2,500.00
$2,500.00
$625.00
$1,875.00
CONNECT TO EXISTING TXDOT INLETS
EA
4
0
4
$5,000.00
$20,000.00
$0.00
$20,000.00
24" HEADWALL
EA
1
0.25
0.75
$3,000.00
$3,000.00
$750.00
$2,250.00
12" ROCK RIP -RAP
SY
20
5
15
$75.00
$1,500.00
$375.00
$1,125.00
TRENCH SAFETY
LF
700
175
525
$1.00
$700.00
$175.00
$525.00
SUB - TOTAL STORM SEWER SYSTEM $90,400.00
1 $25,100.00
$65,300.00
D.PAVING
DESCRIPTION
UNIT
APPROXIMATEQUANTITY
TOTAL I PUBLIC PRIVATE
I UNIT
PRICE
TOTAL
AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
6" REINF. CONCRETE STREET PAVEMENT
SY
16,967
6,063
10,904
$30.00
$509,006.98
$181,890.00
$327,116.98
ADDL FOR COLORED AND TEXTURED CONC PAVEMEN
SY
1,617
1,617
0
$80.00
$129,360.00
$129,360.00
$0.00
6" SUBGRADE PREPARATION (COMPACTION ONLY)
SY
17,389
6,509
10,880
$2.00
$34,778.26
$13,018.00
$21,760.26
6" CONCRETE CURB
LF
7,755
3,006
4,749
$3.30
$25,591.50
$9,919.80
$15,671.70
5' SIDEWALK
SF
15,000
15,000
0
$4.00
$60,000.00
$60,000.00
$0.00
SIDEWALK RAMPS
EA
30
20
10
$1,035.00
$31,050.00
$20,700.00
1 $10,350.00
REMOVE AND HAUL OFF EXISTING ASPHALT PAVEMEN
SY
14,382
5,134
9,248
$8.00
$115,056.30
$41,072.00
$73,984.30
PAVEMENT STRIPING
LF
6,600
3,370
3,230
$4.20
$27,720.00
$14,154.00
$13,566.00
FIRELANE STRIPING
LF
4,900
2,000
2,900
$4.20
$20,580.00
$8,400.00
$12,180.00
SUB - PAVING $953,143.04
$478,513.80
$474,629.24
Shield Engineering Group, PLLC.
Confidential
C: \Users \Craig 1 \Desktop \temp from buff drive \Kennedale \calcs\20091115 OTO Page 2 of 4
` "` THIS ESTIMATE HAS BEEN COMPLETED ON LIMITED INFORMATION AND SHOULD BE USED
FOR PROJECT EVALUATION ONLY, PRIOR TO MAKING FINANCIAL COMMITMENTS BASED ON "
"` THIS ESTIMATE, THESE NUMBERS SHOULD BE VERIFIED. ` "'
PROJECT NAME,
Kennedale TownCenter
CITY:
Kennedale, Texas
DATE:
11116109
FILE NAME:
QTO 20091115.xis
E. EXCAVATION
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL PUBLIC PRIVATE
UNIT
PRICE
TOTAL
I AMOUNT
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL I PUBLIC 1 PRIVATE
UNIT
PRICE
TOTAL
AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
1
025
0.75
$25,000.00
$25,000.00
$6,250.00
STRIP AND STOCKPILE 6" TOPSOIL
I CY
1 2,760
730
2,030
$3.00
1 $8,280.00
$2,190.00
$6,090.00
EXCAVATION
CY
1 15,000
3,750
11,250
$2.50
1 $37,500.00
$9,375.00
$28,125.00
$33,750.00
GAS CONDUIT
LF
460
0
460
SUB - TOTAL EXCAVATION
$5,520.00
$0.00
$45,760.00
$11,565.00
$34,215.00
G. OTHER ITEMS TO CONSIDER
DESCRIPTION
UNIT
APPROXIMATE QUANTITY
TOTAL PUBLIC PRIVATE
UNIT
PRICE
TOTAL
I AMOUNT
TOTAL
PUBLIC
TOTAL
PRIVATE
$65,300.00
D. PAVING $953,143.04
$478,513.80
LANDSCAPE & IRRIGATION ALLOWANCE
LS
1
025
0.75
$25,000.00
$25,000.00
$6,250.00
$18,750.00
TRAFFIC CONTROL ALLOWANCE
LS
1
1
0
$15,000.CO
$15,000.00
$15,000.00
$0.00
SWPPP ALLOWANCE
LS
1
0.25
0.75
$45,000.00
$45,000.00
$11,250.00
$33,750.00
GAS CONDUIT
LF
460
0
460
$12.00
$5,520.00
$0.00
$5,520.00
ELECTRIC CONDUIT
LF
3,200
870
2,330
$12.00
$38,400.00
$10,440.00
$27,960.00
DUMSTER COURTS
EA
5
1
4
$7,500.00
$37,500.00
$7,500.00
$30,000.00
UTILITY COURTS
EA
2
0
2
$7,500.00
$15,000.00
$0.00
$15,000.00
TRANSFORMER
EA
5
1.25
3.75
$10,000.00
$50,000.00
$12,500.00
$37,500.00
MONUMENT SIGN
EA
3
1
2
$10,000.00
$30,000.00
$10,000.00
$20,000.00
WATER TOWER
LS
1
0
1
$30,000.00
$30,000.00
$0.00
$30,000.00
RELOCATE OVERHEAD UTILITY UNDERGROUND
LS
1,350
1,350
0
$475.00
$641,250.00
$641,250.00
$0.00
RELOCATE AND RESTORE HISTORIC SECTION HOUSE
LS
1
1
0
$369,000.00
$369,000.00
$369,000.00
$0.00
LIGHTING
LS
1
0.25
0.75
$150,000.00
$150,000.00
$37,500.00
$112,500.00
SUSTAINABILITY GRANT LOCAL MATCH
LS
1
1.00
0.00
$197,944.00
$197,944.00
$197,944.00
$0.00
DEBT RESERVE FUND BALANCE
LS
1
1.00
0.00
$115,000.00
$115,000.00
$115,000.00
$0.00
DEBT ISSUANCE COST
LS
1
1.00
0.00
$52,500.00
$52,500.00
$52,500.00
$0.00
SUB - TOTAL MISCELLANEOUS ITEMS $1,817,114.00
$1,486,134.00
$330,980.00
A. WATER DISTRIBUTION SYSTEM $46,605.00
$21,370.00
$25,235.00
B. SANITARY SEWER SYSTEM $73,040.00
$38,740.00
$34,30100
C. STORM SEWER SYSTEM $90,400.00
$25,100.00
$65,300.00
D. PAVING $953,143.04
$478,513.80
$474,629.24
E' EXCAVATION $45,780.00
$11,565.00
$34,215.00
G. MISCELLANEOUS ITEMS $1,817,114.00
$1,486,134.00
$330,980.00
Shield Engineering Group, PLLC.
Confidential
C: \Users \Craig 1 \Desktop \temp from buff drive \Kenneda1e \calcs\200911 15 OTC, Page 3 of 4
"' THIS ESTIMATE HAS BEEN COMPLETED ON LIMITED INFORMATION AND SHOULD BE USED *"
FOR PROJECT EVALUATION ONLY. PRIOR TO MAKING FINANCIAL COMMITMENTS BASED ON
— THIS ESTIMATE, THESE NUMBERS SHOULD BE VERIFIED. "`
PROJECT NAME.
Kennedale TownCenter
CITY.
Kennedale, Texas
DATE:
11116109
FILE NAME:
OTO 20091115.xfs
SUB- TOTAL:
ENGINEERING AND INSPECTION FEES:
TOTAL CONSTRUCTION COSTS:
Shield Engineering Group, PLLC.
Confidential
CAUsers \Craig 1 \Desktop \temp from buff drive \Kenneda1e \caIcs\20091115 OTO
$3,026,082.04 $2,061,422.80 $964,659.24
12% $363,129.84 $247,370.74 $115,759.11
$3,389,211.88 $2,308,793.54 $1,080,418.35
Page 4 of 4
Staff Report
To the Mayor and Council Members
Date: December 4, 2009
Agenda Item No: XII -O
Subject: Consider authorizing the lease of Lot 8, Kennedale TownCenter Addition from the
EDC
Originated by: Bob Hart
Summary: In order to preserve the tax exemption status of the certificates of obligations,
the city must lease Lot 8, Kennedale TownCenter for a period of at least fifty
years. Lot 8 includes the special event area and the section house.
Attachments: Lease Agreement
Recommendation: City Staff recommends approval of the lease at $1.00 a year.
Disposition by Council:
LEASE AGREEMENT
Parties: This agreement is made and entered into by and between Kennedale
Economic Development Corporation (KEDC) and the City of Kennedale (City);
Purpose: The purpose of this Agreement is to state the terms and conditions under
which the KEDC will lease to the City a parcel of real property;
Property identified: Lot 8, Kennedale TownCenter;
Consideration: In consideration of receiving a lease fee of $1.00 a year, USD, and
other good and valuable consideration, KEDC and the City of Kennnedale enter
into the following covenants and agreements pertaining to this real property;
Covenants: KEDC will lease said property to the City of Kennedale for $1.00 a
year for the next fifty years;
Venue: The obligations of the parties pursuant to this Agreement and performable
in Tarrant County, Texas, and if legal action is necessary to enforce same,
exclusive venue shall lie in Tarrant County;
Applicable laws: This Agreement is made subject to the provisions of applicable
state and federal laws. Further this agreement shall be governed by and construed
in accordance with the laws and court decisions of the State of Texas;
Severability: If any one or more of the provisions of this Agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision;
Binding Obligation: This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto; Both parties warrant that each
party executing this Agreement has full authority to execute this Agreement;
EXECUTED AND AGREED TO by the City of Kennedale and KEDC, on this
the day of , 2009.
ACCEPTED: ACCEPTED: (City of Kennedale)
Bob Hart, City Manager 'Will
Date Date
Staff Report
To the Mayor and Council Members
Date: December 4, 2009
Agenda Item No: XII -P
Subject: Consider approving a budget amendment to the KEDC 2009 -2010 Fiscal Year
Budget
Originated by: Bob Hart
Summary: With the issuance of the certificates of obligations, the EDC will be required to
enter into an interlocal agreement with the city to pay the debt service from
sales tax receipts. In doing so, the EDC will be required to present a budget
demonstrating it has the capacity to repay the debt. Consequently, it is
necessary to amend the budget to provide such documentation. EDC will
consider action on the budget at their Monday night meeting.
Attachments:
Recommendation: City Staff recommends approval
Disposition by Council:
StaffReport
To the Honorable Mayor and City Council
Date: December 4, 2009
Agenda Item No: XIl -Q
Subject: Review and consider action to appoint members to the Municipal Management
District Board.
Originated by: Bob Hart, City Manager
Summary: The legislation creating the MMD board provided for five members:
• John Clark, Jerry Miller, and Robert Mundy — terms expire January 1, 2011
• Bryan Lankhorst and Beverly Hayes — terms expire January 1, 2010
The intent of the council at the time of the MMD creation was to have the
president and vice - president of the EDC service with the mayor, mayor pro -tem,
and one councilmember.
Donnie Graham is now the vice - president of the EDC.
Recommended Motion: Staff recommends that Bryan Lankhorst and Donnie Graham be
appointed to a two -year term beginning January 1, 2010.
Page 1 of 2
Staff Report
To the Mayor and Council Members
Date: December 4, 2009
Agenda Item No: XII -R
Subject: Consider authorizing the City Manager to sign an agreement with Russ Reid for
federal lobbying.
Originated by: Bob Hart
Summary: Russ Reid -DC is a leading government relations firm that can partner with cities
to help them receive federal dollars for municipal projects such as
transportation, police and fire technology, water /sewer projects and
infrastructure improvements. Kennedale is facing several costly items in the
next few years: resolving the i and i problem, monitoring stormwater flows, an
elevated water storage tank, water /sewer in Oak Crest, and a joint dispatch
center. Utilizing a firm of this nature, may help the city meet its obligations in a
more affordable manner.
Attachments: Informational handout from National League of Cities with background
information on Russ Reid; Checklist for Federal funding of Municipal
projects; and a proposed summary for Kennedale.
Recommendation: City Staff recommends approval
Disposition by Council:
Checklist for Federal FunAding
of • Munl
Prepared on Friday, September 18, 2009
Especially Prepared for
Bob Hart City Manager
City of Kennedale
405 Municipal Dr,
Kennedale, TX 76060 -2249
(8 17) 985 -2102 ext.
bhart@cityoflcennedale.com
Prepared by
David Phelps -Zink, Senior Associate
(626) 798 -9093, dzink @russreid.com
Staff Report
To the Honorable Mayor and City Council
Date: October 28, 2009
Agenda Item No: XIV. A -E
Subject: Reconvene into open session.
Originated by: Kathy Turner, City Secretary
Summary: City Council met in executive session pursuant to Section 551.071, Section 551.072, Section
551.074, and Section 551.087 of the Texas Local Government Code.
City Council will reconvene into open session, and take action necessary pursuant to
executive session, if needed.
A. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1, Kim Addition for water line extension.
B. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of properties located in the E.C. Cannon Survey, Abstract 378, Tracts
1 H and 1 HO for water line easement.
C. Consider approval of resolution authorizing legal counsel to file lawsuit authorizing
appraisal of Lots 6B3 and 7B, Raceway Estates for water line easement acquisition.
D. Consider approval of resolution authorizing legal counsel to proceed with
condemnation of Lot 1, Block 1, Middleton Estates for widening of Sublett Road.
E. Consider action to remove Magistrates.
Recommendation:
Disposition by Council: